ABSTRACTThis article is concerned with the writings on resistance by Richard Price and Joseph Priestley, the leaders of the Rational Dissenters who supported the American and French Revolutions, from the late 1760s to 1791. The article discusses the differences between Rational Dissent and mainstream Whig resistance theory, as regards history in particular: the Dissenters viewed the Glorious Revolution as a lost opportunity rather than a full triumph and claimed the heritage of the Puritan opposition to Charles I, some (...) of them justifying the regicide. Price's and Priestley's views on resistance are assessed against the benchmark of John Locke's conception of the breach of trust. While both thinkers presented themselves as followers of Locke, they departed from his thought by their emphasis on the constantly active role of the people. Each in their own way, they also argued that early, possibly peaceful, resistance was preferable to violent resistance as a last resort against a tyranny. In the end, Price and Priestley each articulated an original theory derived from Locke; their views were very close and their main difference concerned the treatment of history, Price's caution contrasting with Priestley's justification of tyrannicide. (shrink)

Besides commanding coercive power, a political authority is supposed to offer directives which ought to exclude private judgment. Any defense of inalienable rights or limited rights of resistance suggests some legitimate residual private judgment. Such retained rights threaten to undermine the binding force of authoritative directives. ;The case of Hobbesian sovereignty typifies this problem. Hobbes claims agents must establish permanent and absolute political authorities, and they can do so only by completely submitting themselves to a sovereign power whose public (...) will stand for their own. Hobbesian political obligation consists in being bound not to act on one's own judgment, but even Hobbes allows for limited rights of resistance. ;Building on the work of Joseph Raz, I show how political authority binds our conduct by providing special reasons not to act on our private judgment. I explain how there can be scope and jurisdictional limitations on political authority, indeed, Hobbesian political authority. Any given subject might not completely authorize political power, but such power can still be absolute. Since private judgment endures in a civil society, subjects are in some position to evaluate the legitimacy of authoritative directives. To the extent authority binds and neither merely advises nor merely coerces, subjects must have reasons why they should not act on their private judgments. (shrink)

Imagine that you are a farmer living in Kenya. Though you work hard to sell your produce to foreign markets you find yourself unable to do so because affluent countries subsidize their own farmers and erect barriers to trade, like tariffs, thereby undercutting you in the marketplace. As a consequence of their actions you languish in poverty despite your very best efforts. Or, imagine that you are a peasant whose livelihood depends on working in the fields in Indonesia and you (...) are forcibly displaced from your land by a biofuels company because corrupt government officials have stolen the land and sold it to the company. Or, suppose that you work on the coast of Bangladesh but find that increasingly you are unable to cope with salination resulting from sealevel rise – a product of anthropogenic climate change. These, I believe, are cases of global injustice. My question is: What are those who bear the brunt of global injustice entitled to do to secure their, and other people’s, entitlements? Often people focus on the duties of the affluent to respect and uphold the rights of the disadvantaged. This is understandable. But there is a striking omission. Rarely do people analyze, or even mention, what those who lack their entitlements are entitled to do to secure their own rights. This is my focus in this paper. More specifically, I examine what agents are entitled to do to change the underlying social, economic and political practices and structures in a more just direction. (shrink)

The words 'rebellion' and 'revolution' have gained renewed prominence in the vocabulary of world politics and so has the question of justifiable armed 'resistance'. In this book Christopher J. Finlay extends just war theory to provide a rigorous and systematic account of the right to resist oppression and of the forms of armed force it can justify. He specifies the circumstances in which rebels have the right to claim recognition as legitimate actors in revolutionary wars against domestic (...) tyranny and injustice, and wars of liberation against wrongful foreign occupation and colonialism. Arguing that violence is permissible only in a narrow range of cases, Finlay shows that the rules of engagement vary during and between different conflicts and explores the potential for irregular tactics to become justifiable, such as non-uniformed guerrillas and civilian disguise, the assassination of political leaders and regime officials, and the waging of terrorist war against civilian targets. (shrink)

Jean Calvin's writings on the resistance to a tyrannical ruler appear as an addendum to his Institutes of the Christian Religion, but despite their limited discussion, his followers based their own writings on his original discussion of resistance. The most celebrated of these Calvinist tracts on resistance was the Vindiciae Contra Tyrannos written as a result of the St. Bartholomew's Day Massacre. This article argues that, whilst the Vindiciae is an important example of Calvinist resistance, an (...) even more significant, but forgotten, Calvinist resistance theory can be found in Johannes Althusius’ Politica Methodice Digesta, Atque Exemplis Sacris Et Profanis Illustrata. Furthermore, the similarities in the social, political and religious position of both Althusius and Calvin, as well as their geographical location in Emden and Geneva respectively, allows Althusius’ work to be seen as the natural culmination of Calvin's original work on the right of resistance. (shrink)

The right to resist and the right to rebel have again become relevant as legal problems. Their justifications traditionally derive from natural law, human rights, the principle of the lesser evil or of the social contract. Interpretation of the right to resist expresses the tendencies to the law of people, in particular, the right to self-determination, distinguishing national and international understanding, and underscores the special nature of such right. Also, two-level research of the right (...) to resist should be distinguished research of the right to resist – the first is a debate about the nature character and legislative consolidation of this right, partly focused on preventive-limiting its properties, whereas the second one is updated at the time of social upheaval and legal concerns, and it contains not only the evaluation of the events, but sometimes attempts to justify ex post risk of abuse and original post-legitimation of public authorities. An important condition for the existence of the right to resistance is a legitimate aim. This could be called the internal condition, which is provided by those who implement this right. Other condition (which can be called external) and the base of implementation should recognize certain actions, acts or decisions by public authorities – those that violate human rights are illegal and unfair. At the same time, the purpose and result of the right to resistance may be changes in the public authorities, the termination of abuse of authority and violation of human rights by its agents, return to democratic legal regime or change in the constitutional system, aimed at creating a state of law, as well as in some cases, when combined with the right to self-determination, – the achievement of independence. The author of the present paper considers that the right to resist is an individual right, a human right. The author inclines to the idea of the collective nature of the right to resist implementation, but warns against simply counting the number of persons engaged in it. In other words, it does not matter how many people commit acts, but it does matter how many people support them. Considering the modalities of implementing the right to resist, it should be noted that these forms can be active or passive, expressed in actions directly or indirectly. The right of rebellion is an extreme form of the right to resist, which is carried out in case if the non-violent means of resistance are exhausted or proved ineffective. The conditions (and bases) of the right of rebellion are phenomena, such as the following: (1) massive human rights violations by public authorities (quantitative criterion); (2) systematic human rights violations by public authorities (accumulating criterion); or (3) extraordinary human rights violations by public authorities (criterion by serious, explicit and violent nature of the violation). Ambiguous is an issue of the limits of the right of rebellion, its permission and proportion, as well as whether it is possible to develop a mechanism for exercising this right. (shrink)

This volume is a sequel to the author's earlier work on the development of European theories of sovereignity and constitutionalism. Professor Franklin here explains a major innovation associated with the English Civil Wars. It was only now, he shows, that there finally emerged a theory of sovereignity and resistance that was fully compatible with a mixed constitution. The new conception of resistance in a mixed constitution was to enter the main tradition via Locke, who stood alone among major (...) writers of the 1680s in holding that the effect of tyranny by any constituted power, even by the King alone, was entire dissolution of the government and the reversion of power to the general community. When this familiar position is read against the background of preceding constitutionalist theory, the Second Treatise reveals a new dimension of novelty and historical significance. (shrink)

The words 'rebellion' and 'revolution' have gained renewed prominence in the vocabulary of world politics and so has the question of justifiable armed 'resistance'. In this book Christopher J. Finlay extends just war theory to provide a rigorous and systematic account of the right to resist oppression and of the forms of armed force it can justify. He specifies the circumstances in which rebels have the right to claim recognition as legitimate actors in revolutionary wars against domestic (...) tyranny and injustice, and wars of liberation against wrongful foreign occupation and colonialism. Arguing that violence is permissible only in a narrow range of cases, Finlay shows that the rules of engagement vary during and between different conflicts and explores the potential for irregular tactics to become justifiable, such as non-uniformed guerrillas and civilian disguise, the assassination of political leaders and regime officials, and the waging of terrorist war against civilian targets. (shrink)

One of the greatest woman intellectuals of eighteenth-century Germany is Elise Reimarus, whose contribution to Enlightenment political theory is rarely acknowledged today. Unlike other social contract theorists, Reimarus rejects a people's right to violent resistance or revolution in her philosophical dialogue Freedom (1791). Exploring the arguments in Freedom, this paper observes a number of similarities in the political thought of Elise Reimarus and Immanuel Kant. Both, I suggest, reject violence as an illegitimate response to perceived political injustice in (...) a way that opposes Locke's strong voluntarism and the absolutism of Hobbes. First, they emphasize the need to maintain the legal state as a precondition for the possibility of external right. Second, they share an optimistic view of the inherently "just" nature of the tripartite republican state. And finally, Reimarus and Kant both outline an alternative, non-violent response to political injustice that consists in the freedom of public expression and a discourse on the moral enlightenment of man. (shrink)

One of the greatest woman intellectuals of eighteenth‐century Germany is Elise Reimarus, whose contribution to Enlightenment political theory is rarely acknowledged today. Unlike other social contract theorists, Reimarus rejects a people's right to violent resistance or revolution in her philosophical dialogue Freedom. Exploring the arguments in Freedom, this paper observes a number of similarities in the political thought of Elise Reimarus and Immanuel Kant. Both, I suggest, reject violence as an illegitimate response to perceived political injustice in a (...) way that opposes Locke's strong voluntarism and the absolutism of Hobbes. First, they emphasize the need to maintain the legal state as a precondition for the possibility of external right. Second, they share an optimistic view of the inherently “just” nature of the tripartite republican state. And finally, Reimarus and Kant both outline an alternative, nonviolent response to political injustice that consists in the freedom of public expression and a discourse on the moral enlightenment of man. (shrink)

Proposal Information: In this paper it is argued that although Spinoza, unlike other great philosophers of the Enlightenment era, never actually wrote a philosophy of education as such, he did – in his Ethics – write a philosophy of self-improvement that is deeply educational at heart. When looked at against the background of his overall metaphysical system, the educational account that emerges is one that is highly curious and may even, to some extent at least, come across as counter-intuitive in (...) a contemporary setting. This is so because it grounds the greater social and political endeavors of humanity in the individual’s striving for an ever-increasing power of acting. Hence, education, for Spinoza, is a decidedly individualistic affair, but then again, so is the making of society. Since, for Spinoza, every instance of knowledge bears the unique mark of the individual body that expresses it, one might conclude that at the foundation of every social structure is an encounter between concrete bodies; each expressing a particular perspective from where to grasp the world. I would argue, based on this, that one of Spinoza’s main contributions to educational theory is his grounding of larger social endeavors in the striving of the individual. Hinged on the striving to be more rational, as dictated by the doctrine of the conatus, education appears to offer a way of grounding the structure of the human social world in the same principles as those guiding the individual. Spinoza’s doctrine of the imitation of affects thereby offers a way of linking the egoistic striving for power on behalf of the individual with the educational goal of building a sustainable society. It does so as it conditions self-improvement by the human characteristic to imitate what others desire. By being surrounded with people who desire to be more rational, one can utilize this desire for the good and become strengthened in one’s own striving for increasing one’s degree of existence. Consequently, the teaching situation is geared for guiding students towards a more rational life, at the same time as it is geared for the self-improvement of the teacher. This aspect of self-improvement is, ultimately, what will motivate the teacher in striving to enhance the lives of his or her students in the first place. Being unable to self-improve in isolation, the doctrine of the imitation of affects dictates that the rational person will be moved toward a life of generosity, not primarily for altruistic reasons, but out of a desire to become more rational and thus to gain in his or her own power of acting. The question that follows from this, of course, is how does one go about when inculcating a desire to be more rational in one’s students?Education, from a Spinozistic point of view, is ultimately about the cultivation of the potential that lies dormant in each individual, so that a person may live a happier life as a result of understanding, more adequately, their place in the natural world. The challenge, then, becomes one of overcoming the many obstacles that prevent a person from developing their potential. Pedagogy, from this point of view, may be understood in terms of the art of offering the right amount of resistance. This notion is based on the assumption that if a student encounters no resistance – or too much resistance – his or her potential remains just that – a potential. In order to develop this potential the student needs to overcome certain barriers. With regards to this, the role of the teacher may be conceived in terms of the one balancing the amount of resistance so that the student is properly challenged but at the same time not overwhelmed. Methodology or Methods/ Research Instruments or Sources Used: The paper makes for an attempt to outline a Spinozistic philosophy of education based on readings of Spinoza’s texts – primarily the Ethics – and some of the relevant secondary literature such as Della Rocca’s influential reading of Spinoza. As such it is a philosophical inquiry seeking to interconnect some key aspects of Spinoza’s philosophy with some of the major issues of education. Methodologically, this paper argues, in line with Melamed, that rather than turning to the history of philosophy in order to identify ‘precursors to [our] own views’, so as to validate what we already believe we know, it is more fruitful to turn to past philosophers in order to ‘challenge our most basic beliefs and intuitions by studying texts that are both well-argued and strongly opposed to our commonsense’. Accordingly, turning to Spinoza marks an attempt to revisit and reconceptualize some key aspects of educational thought. Conclusions, Expected Outcomes or Findings: A conclusion of this paper is that a Spinozistic philosophy of education would need to focus on resolving the tension between Spinoza’s egoism and education as a social project. To this end it identifies Spinoza’s doctrine of the imitation of affects as a possible link between the individual’s striving for power and the collective agenda of improving human well-being at large. It is also suggested that, in aspiring to inculcate a desire to be more rational in his or her students, the challenge for the Spinozistic teacher is to prompt the students to aspire to reach beyond the temporary satisfactions of the passions so as to acquire a more enduring sense of satisfaction and so that their well-being is more fully under their own command rather than under the command of various external influences. This, in turn, is connected with the notion of resistance in the sense that in experiencing the volatility of fortune – and thereby understanding the instability of relying on one’s passions – a person would appear to be more inclined to strive for a more enduring sense of happiness, even if this would mean giving up on some of the temporary pleasures that one has grown accustomed to. The resistance, then, may be conceived in terms of the overcoming of temporary pleasures that stand in the way of the developing of one’s potential. In this scenario the role of the teacher may be understood in terms of someone offering a well-balanced amount of resistance. This means that to accommodate one’s students – in the sense that one approaches them in terms of prospective customers, aspiring to satisfy their demands – is inimical to education insofar as the wants and desires of students are, generally speaking, caused by passive affects rather than their rational wills. References: Aloni, N.. Spinoza as Educator: From Eudaimonistic Ethics to an Empowering and Liberating Pedagogy. Educational Philosophy and Theory 40, pp. 531–544.Della Rocca, M.. Spinoza. New York: Routledge.Della Rocca, M.. Rationalism, Idealism, Monism, and Beyond. In: E. Förster & Y. Y. Melamed Spinoza and German Idealism. Cambridge: Cambridge University Press, pp. 7–26.Derry, J.. The Unity of Intellect and Will: Vygotsky and Spinoza. Educational Review, 56, pp. 113–120.Lloyd, G.. Spinoza and Educating the Imagination. In: A. O. Rorty Philosophers on Education: Historical Perspectives. London: Routledge, pp. 157–172.Melamed, Y. Y.. Spinoza’s Metaphysics: Substance and Thought. Oxford: Oxford University Press.Nadler, S.. Eternity and Immortality in Spinoza’s Ethics. Midwest Studies in Philosophy 26, pp. 224–244.Poulimatka, T.. Spinoza’s Theory of Teaching and Indoctrination. Educational Philosophy and Theory 33, pp. 397–410.Spinoza, B.. The Ethics. In: E. Curley A Spinoza Reader: The Ethics and Other Works. Princeton: Princeton Unive. (shrink)

In this paper, we examine how bordered reality is being imposed and resisted in the context of where we are placed right now, 'Greece'. Drawing on ethnographic research and discourse analysis, conducted in Lesvos, Samos, and Athens (from March to September 2016), we examine how resistance to a bordered reality took place, as islands in the north Aegean, as well as Greek and European territories, were being remapped according to the logic of the hotspot. We approach this process (...) methodologically from the situated angle of the embodiment of resistance in the concrete experiences of people (including the researchers ourselves), whose narratives reveal the distracted spatial coordinates of the 'hotspot regime', which becomes a traveling control device. Rather than approaching the hotspots on the five Greek border islands as geographically fixed entities we introduce the concept of the mobile hotspot to show how the logic of the hotspot suffuses the uneven geographies of a bordered reality. We use the ferry as an illustrative tool with which to critically explore the density, tensions, and conflict-ridden nature of movements within, around, and against the hotspots. (shrink)

ABSTRACTCan there be a legal or a moral right to resist the government? Scholarly interest in the right of resistance has rarely focused on German philosophy, which has often been considered unusually committed to authority. Yet, during the Enlightenment German philosophers regularly attempted to justify not just conscientious refusal but also revolution. This essay explores the two dominant justifications, which were based in Wolffian perfectionism and Kantian relational theory. It argues that we can best understand the complexity (...) of these theories of resistance by exploring their contrasting views on the state’s purpose: providing material and spiritual welfare, or establishing freedom as independence. (shrink)

The Snowden revelations in 2013 redrew the lines of debate surrounding surveillance, exposing the extent of state surveillance across multiple nations and triggering legislative reform in many. In the UK, this was in the form of the Investigatory Powers Act. As a contribution to understanding resistance to expanding state surveillance activities, this article reveals the intertwining of diverse interests and voices which speak in opposition to UK state surveillance. Through a computational topic modelling-based mixed methods analysis of the submissions (...) made to the draft Investigatory Powers Bill consultation, the article demonstrates the diversity and intersection of discourses within different actor groups, including civil society and the technology industry. We demonstrate that encryption is a key issue for these groups, and is additionally conflated with a human rights discourse. This serves to unite seemingly disparate interests by imbuing encryption with a responsibility for the protection of human rights, but also threatens to legitimate corporate interests and distract from their own data-driven activities of surveillance capitalism. (shrink)

This paper reconsiders the contemporary moral reading of women’s oppression, and revises our understanding of the practical reasons for action a victim of mistreatment acquires through her unjust circumstances. The paper surveys various ways of theorising victims’ moral duties to resist their own oppression, and considers objections to prior academic work arguing for the existence of an imperfect Kantian duty of resistance to oppression grounded in self-respect. These objections suggest that such a duty is victim blaming; that it distorts (...) the normative direction of self-regarding duties; and that consequentialist reasons are inapt for justifying self-regarding ethical responsibilities. The paper then argues that the need for normative coherence in our very concept of a moral duty is of paramount importance, and especially so in the fight against patriarchal oppression. Accordingly, we should acknowledge the salient differences between pro tanto or defeasible moral reasons and fully fledged moral duties identifying agent-relative obligatory action. The paper concludes that we better respect and defend women’s rights when first we understand them as having, at best, defeasible moral reasons to oppose their oppression; and second, ensure that we make adequate allowance for a woman’s interpretative right to choose how to respond to her oppressive circumstances. (shrink)

Can anti-deportation resistance be justified, and if so how and by whom may, or perhaps should, unjust deportations be resisted? In this paper, I seek to provide an answer to these questions. The paper starts by describing the main forms and agents of anti-deportation action in the contemporary context. Subsequently, I examine how different justifications for principled resistance and disobedience may each be invoked in the case of deportation resistance. I then explore how worries about the resister’s (...) motivation for engaging in the action and their epistemic position apply in the specific context of anti-deportation action and consider in what circumstances there is not merely a right but a duty to resist deportation. The upshot of this argument, I conclude, is that the liberal state ought to respond to anti-deportation action not by criminalising disobedience and resistance in this field, but rather by creating legal avenues for such actors to influence deportation decision-making. DOI 10.17879/95189423213. (shrink)

Good People, by Singaporean playwright Haresh Sharma, unmasks racial and religious tensions between Singapore’s increasingly diverse racial groups and the attendant ramifications on the healthcare ecosystem and the doctor-patient relationship. Drawing upon Michel Foucault’s notion of heterotopia, this paper argues that, in Good People, Sharma employs theater as a site of resistance by calling into question state and medical authority. First, state authority is challenged through the play’s scrutiny of the ideological principle of multiculturalism and its usefulness in fostering (...) meaningful cross-cultural exchanges and acceptance of different cultural and religious beliefs in the clinic. Second, the play destabilizes medical authority by surfacing the complex relationship between the doctor’s unconscious biases, racial and religious prejudice, and clinical judgment, thereby casting doubt on medicine’s claims of objectivity. In doing so, this paper argues, the play resists simplistic binary categorizations of the behaviors and motivations of the characters into good/bad or right/wrong, instead raising questions about power, knowledge, and contesting truths within the confines of the cultural space of a hospice. (shrink)

It is generally acknowledged that Kant's political philosophy stands on a par with the great works of the Western liberal tradition. It is also a matter of agreement that the rational principles on which it rests represent an adequate philosophical expression of the progressive agenda that was inaugurated by the Enlightenment and fulfilled, with varying degrees of success, by the French Revolution. Yet Kant's philosophical position is ambiguous when it comes to evaluating that momentous event in modern history. We know, (...) from anecdotal evidence, some surviving letters, several cryptic references in his published works, as well as a number of posthumously published reflections, that Kant was enthusiastic about and strongly approved of the changes that were taking place in France at the time. He certainly condemned, in strong and unequivocal terms, the execution of Louis XVI. But this did not translate into a repudiation of his support for the revolution. And he seems to have found even in this case mitigating circumstances that explained the revolutionaries' decision to execute the monarch, thus in fact excusing their action. Moreover, he argued that all post-revolutionary governments ought to command the same kind of loyalty from their subjects as the ones they replaced, which appears to justify Kant's contention in the Idea for a Universal History that political violence can be a vehicle of progress. Furthermore, in the Contest of Faculties Kant went so far as to identify in the enthusiastic response of the ‘spectators’ to the French Revolution a clear sign of the moral disposition of humankind. (shrink)

Why you have the right to resist unjust government The economist Albert O. Hirschman famously argued that citizens of democracies have only three possible responses to injustice or wrongdoing by their governments: we may leave, complain, or comply. But in When All Else Fails, Jason Brennan argues that there is a fourth option. When governments violate our rights, we may resist. We may even have a moral duty to do so. For centuries, almost everyone has believed that we must (...) allow the government and its representatives to act without interference, no matter how they behave. We may complain, protest, sue, or vote officials out, but we can’t fight back. But Brennan makes the case that we have no duty to allow the state or its agents to commit injustice. We have every right to react with acts of “uncivil disobedience.” We may resist arrest for violation of unjust laws. We may disobey orders, sabotage government property, or reveal classified information. We may deceive ignorant, irrational, or malicious voters. We may even use force in self-defense or to defend others. The result is a provocative challenge to long-held beliefs about how citizens may respond when government officials behave unjustly or abuse their power. (shrink)

This essay supplies an historical review of black thought (from the Civil War forward) in the American South. Its emphasis is upon the biography of figures born in the region, whether resident or exile, concentrating on three foundational actors: Booker Washington, Frederick Douglass and Ida Wells. Significant strands of later thought are seen as largely derived from the latter two. The thematic anchor of this review is ‘resistance and nonviolence’, involving (1) a primary focus on equal rights, (2) a (...) derivative focus on emancipation and desegregation, (3) exploration of nonviolence as a mode of resistance to oppression, (4) exploration of liberative violence, and (5) a larger concern with the appropriate type and degree of integration/separation implicit in or consistent with an equal rights regime. Douglass and Wells are cast as attending to sub‐themes (1) and (2).This essay is designed to fit within the larger framework of the collection, in which the religious leaders Howard Thurman and Martin King are allocated to sub‐theme (3), the novelist Richard Wright to (4), and the lawyers Thurgood Marshall, Barbara Jordan and Fred Gray to (5). The future challenge to black thought is assumed to lie in deeper reflection on (5), with a view to locating an ever more perfect balance between ‘nation’ (the ethnic community of Afro‐America) and ‘state’ (the US federal government). (shrink)

A combined psychological-epistemological study of the blocks that stand in the way of the human recognition of the sentience and legal rights of non-human animals. Originally published in the Lewis and Clark law journal, Animal Law, and subsequently translated into German and into Portuguese.

ABSTRACTThe role of resistance in the politics of modern representative democracies is historically contested, and remains far from clear. This article seeks to explore historical thinking on this subject through a discussion of what Benjamin Constant and Alexis de Tocqueville had to say about resistance and its relationship to ‘representative government’ and democracy. Neither thinker is usually seen as a significant contributor to ‘resistance theory’ as this category is conventionally understood. But, in addition to their more familiar (...) preoccupations with securing limitations on the exercise of political authority and averting majority tyranny, both thinkers wrote extensively on the nature and meanings of resistance in ‘representative governments’ or democratic societies. Both thinkers are examined in the context of revolutionary and Napoleonic discussions about the legitimacy of resistance or ‘right to resist’ oppression, and against eighteenth-century discussions of the ‘spirit of resistance’ since Montesquieu. The article notes conceptual distinctions between resistance, revolution and insurrection in the period, and addresses the broader question of the extent to which early nineteenth-century French liberals sought to ‘institutionalise’ principles of resistance within modern constitutional frameworks. (shrink)

Frederick Douglass (1818?1895) was the most significant African?American leader of the nineteenth century. Secretly acquiring literacy as a slave, he grew into a brilliant speaker whose essential genius was to articulate and impeach the ideologies of the day. Douglass was one of the foremost defenders of black emancipation and women?s rights. He developed a dual philosophy of resistance and integration. He taxed blacks with the need for self?reliance; he recalled whites to the justice of racial equality. Freedom would be (...) won by securing to all workers, white or black, the fruit of their labour. Economic progress and enhanced social equality would be achieved by hard work, thrift, education and sobriety. Underlying all his thought and action was an ideology of free labour conjoined with republicanism. He early embraced the ideal of moral suasion. As the prospect of civil war loomed, he accepted the legitimacy of violence ? in self?defence, and to liberate the slaves. (shrink)

Testimonial injustice, in its most pernicious form, subjects a speaker to identity-prejudicial deficits in the credibility that is rightly due their testimony. This paper compares two prominent accounts of testimonial injustice to determine which achieves the best understanding of the phenomenon and how it can be combatted. Where Fricker’s focus is limited to strictly epistemic wrongs, Medina’s analysis extends to the pertinent non-epistemic elements central to the injustice. Thus, Medina’s methodology is better-suited to the task of phenomenological analysis, and positions (...) us to achieve a more complete understanding of what injustice has been perpetrated, and of how to resist it. (shrink)

Do appeals to rights and/or interests of the members of future generations provide an adequate basis for an environmental ethic? Assuming that rights and interests are, semantically, individualistic concepts, I present an argument following Derek Parfit which shows that a policy of depletion may harm no existing individuals, present or future. Although this argument has, initially, an air of paradox, I showthat the argument has two intuitive analogues-the problem ofgenerating a morally justified and environmentally sound population policy and the problem (...) of temporal distance. These problems are shown both to resist solutions in individualistic terms and to embody difficulties similar to those raised by Parfit. Since utilitarianism and modem deontology are individualistic in nature, they cannot provide the basis for an adequate environmental ethic and they do not rule out policies such as that of depletion, which is clearly unacceptable environmentally. I dose with an exploratory but generally pessimistic assessment of the possibility that rights and interests can be reconstrued as nonindividualistic. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Recovering Aquinas's Common-Good-Oriented Right of RebellionNathaniel A. MoatsIntroductionAs recent events have woefully displayed, armed rebellion is not a topic of merely theoretical interest.1 While theory seemingly has very little impact on the citizens participating in armed rebellions, theory still remains of paramount importance, providing crucial criteria to evaluate, restrain, apply, and respond to such force. Criteria such as legitimate authority, just cause, right intention, necessity, proportionality, and (...) likelihood of success have been offered by thinkers advocating "just war" theory from across diverse political, philosophical, and religious backgrounds, garnering widespread agreement over the centuries. Contemporary scholars who identify as "historically oriented" just war thinkers have continued to defend that historical tradition as a sufficient and substantial guide for contemporary practice.2 Yet some have questioned whether the it can provide useful aid for dealing with contexts of political tyranny. In a 2013 article, Valeria Morkevičius describes [End Page 175] Western culture as divided over the moral permissibility of armed rebellion, with advocates basing their views on the Enlightenment ideas found in John Locke and Jean-Jacques Rousseau, whereas traditional just war theorists have generally denied a right to armed rebellion.3 In Morkevičius's perspective, she argues that there can be justified use of armed force against tyranny and calls upon other scholars to help create a "just rebellion theory" that would "radically reimagine" traditional just war thinking.4 She claims that there is a "lack of a systematic and rigorous ethical framework for evaluating the justness of rebellions"5 and that "a new theory of just rebellion—a systematic way of evaluating the justness of real world rebellions, of determining appropriate state responses to domestic rebellions, and of weighing the pros and cons of intervention" is needed.6In line with Morkevičius' sentiments, the last ten years has seen the increasing rise of self-proclaimed just war revisionists.7 Jeff McMahan, the figurehead for this movement, claims that the classical just war criteria "can no longer stand."8 McMahan argues that traditional just war theory has [End Page 176] depicted war as a morally sui generis category of violence in which unique moral principles apply.9 The moral asymmetry of war is also reinforced by a "statist" and "collectivist" orientation that overrides the importance of individuals and their rights of life, liberty, property, and other fundamental goods. Instead of seeing war as a distinct category of violence, McMahan argues that war and self-defense are morally symmetrical. Further, he argues that combatants should be depicted as individuals distinct from their political or collective identity.10 In other words, McMahan offers a theory of war oriented around individuals and their rights based in the concept of justified self-defense.11 Extending McMahan's theory, Cécile Fabre has particularly targeted the criterion of legitimate authority as morally problematic.12 Rejecting the exclusive authorization of armed force by political authorities, she argues in favor of an individual's right to war, and by extension the right to rebellion.13 Therefore, given the historical just war tradition's emphasis on the criterion of legitimate authority (i.e., the restriction of armed force [End Page 177] to established authorities) and resistance to support armed rebellions due to the lack of recognized political leaders, revisionists conclude that traditional just war thinking is inadequate for providing contemporary guidance in the context of rebellion.14To challenge revisionist claims, I analyze Thomas Aquinas's ingenuity and relevance for future "just rebellion" thinking. First, I argue that classical just war thinking is not as antithetical to armed rebellion as suggested.15 One just rebellion theory has coexisted alongside the classical formation of just war theory, albeit often neglected or ignored by contemporary thinkers.16 It is well known that Aquinas formalized the Augustinian classical just war theory revolving around the criteria of legitimate authority, just cause, and right intention. Much less known, however, is the fact that Aquinas also crafted criteria for justified armed rebellions. While Aquinas's just war thinking rearticulates Augustine's perspective, Aquinas appropriated his mentor's views to allow for justified armed rebellions. Aquinas's originality was displayed not only in allowing justified armed... (shrink)

Faced with high levels of unemployment and discrimination in Poland, Polish women have made up a very large proportion of those leaving the former Communist states of central Europe, to work in EU member states. They have constituted a large undocumented migrant workforce in Europe, usually working as domestic workers and carers in the informal economy. Poland’s membership of the EU is starting to regulate Polish women’s work abroad and to increase their access to better paid and skilled work in (...) the formal labour market. New market-led immigration policies in Europe are still selective and restricted however. What Polish women really need from the EU is help in securing a new framework of gender equality and equal treatment in Poland that offers hope for an improvement in their rights at home. (shrink)

Do appeals to rights and/or interests of the members of future generations provide an adequate basis for an environmental ethic? Assuming that rights and interests are, semantically, individualistic concepts, I present an argument following Derek Parfit which shows that a policy of depletion may harm no existing individuals, present or future. Although this argument has, initially, an air of paradox, I showthat the argument has two intuitive analogues-the problem ofgenerating a morally justified and environmentally sound population policy and the problem (...) of temporal distance. These problems are shown both to resist solutions in individualistic terms and to embody difficulties similar to those raised by Parfit. Since utilitarianism and modem deontology are individualistic in nature, they cannot provide the basis for an adequate environmental ethic and they do not rule out policies such as that of depletion, which is clearly unacceptable environmentally. I dose with an exploratory but generally pessimistic assessment of the possibility that rights and interests can be reconstrued as nonindividualistic. (shrink)

Moderata Fonte's dialogueThe Worth of Women(1600) contains stinging critiques of marriage and the dowry system as well as of women's inequality. I argue that Fonte's critique of male dominance, particularly in marriage, employs a modern method of argument, which anticipates the later contractarian critiques of political authority. Given that women are naturally men's equals, Fonte argues that men's de facto authority over women is illegitimate and based on force. Moreover, by treating marriage as an artificial institution rather than as a (...) natural institution, Fonte anticipates later feminist arguments that criticize the modern contract tradition for its failure to extend its critique of other forms of authority to patriarchal marriage, instead positing a natural basis for women's subordination to men. In light of this history, Fonte's critique of patriarchy is especially interesting: it challenges the patriarchal family structure and the institutions that collude to diminish women's agency, and this challenge to male authority is similar to later (male) challenges to de facto political authority. (shrink)

In this essay I argue that the evolutionary and comparative study of nonhuman animal (hereafter animal) cognition in a wide range of taxa by cognitive ethologists can readily inform discussions about animal protection and animal rights. However, while it is clear that there is a link between animal cognitive abilities and animal pain and suffering, I agree with Jeremy Bentham who claimed long ago the real question does not deal with whether individuals can think or reason but rather with whether (...) or not individuals can suffer. One of my major goals will be to make the case that the time has come to expand. The Great Ape Project (GAP) to The Great Ape/Animal Project (GA/AP) and to take seriously the moral status and rights of all animals by presupposing that all individuals should be admitted into the Community of Equals. I also argue that individuals count and that it is essential to avoid being speciesist cognitivists; it really doesn't matter whether ‘dogs ape’ or whether ‘apes dog’ when taking into account the worlds of different individual animals. Narrow-minded primatocentrism and speciesism must be resisted in our studies of animal cognition and animal protection and rights. Line-drawing into ‘lower’ and ‘higher’ species is a misleading speciesist practice that should be vigorously resisted because not only is line-drawing bad biology but also because it can have disastrous consequences for how animals are viewed and treated. Speciesist line-drawing also ignores within species individual differences. (shrink)