ABSTRACT: So far in this book, we have examined algorithmic decision systems from three autonomy-based perspectives: in terms of what we owe autonomous agents (chapters 3 and 4), in terms of the conditions required for people to act autonomously (chapters 5 and 6), and in terms of the responsibilities of agents (chapter 7). -/- In this chapter we turn to the ways in which autonomy underwrites democratic governance. Political authority, which is to say the ability of a government to (...) exercise power, may be justifiable or not. Whether it is justified and how it can come to be justified is a question of political legitimacy. Political legitimacy is another way in which autonomy and responsibility are linked. This relationship is the basis of the current chapter, and it is important in understanding the moral salience of algorithmic systems. We will draw the connection as follows. We begin, in section 8.1, by describing two uses of technology: crime predicting technology used to drive policing practices and social media technology used to influence elections (including by Cambridge Analytica and by the Internet Research Agency). In section 8.2 we consider several views of legitimacy and argue for a hybrid version of normative legitimacy based on one recently offered by Fabienne Peter. In section 8.3 we will explain that the connection between political legitimacy and autonomy is that legitimacy is grounded in legitimating processes, which are in turn based on autonomy. Algorithmic systems—among them PredPol and the Cambridge Analytica-Facebook-Internet Research Agency amalgam—can hinder that legitimation process and conflict with democratic legitimacy, as we argue in section 8.4. We will conclude by returning to several cases that serve as through-lines to the book: Loomis, Wagner, and Houston Schools. -/- The link below is to an open-access copy of the chapter. (shrink)

What obligations are there on voters? This paper argues that voters should make their electoral decision competently, and does so by developing on a recent proposal for democratic legitimacy. It then explores three problems arising from this ‘competency obligation’. First, how should voters be competent? I propose three conditions required for voter competence. Second, how competent should voters be? I argue that the competency required tracks the significance of the consequences of the vote. Third, if the electorate are (...) unlikely to deliver a competent decision, should suffrage be restricted to the competent alone? I defend unrestricted suffrage on the grounds that restricting suffrage cannot guarantee a competently made electoral decision. Instead, obligations on voters should be minimised by political parties satisfying their obligations to be politically sound; if they are sound, then the obligation to be competent can be easily satisfied by voters. (shrink)

In this article I analyze Rawls' and Habermas' accounts of the role of religion in political deliberations in the public sphere. After pointing at some difficulties involved in the unequal distribution of deliberative rights and duties among religious and secular citizens that follow from their proposals, I argue for a way to structure political deliberation in the public sphere that imposes the same deliberative obligations on all democratic citizens, whether religious or secular. These obligations derive from the (...) ideal of mutual accountability that is supposed to guide political deliberation in a deliberative democracy. The main advantage of this proposal is that it recognizes the right of all democratic citizens to adopt their own cognitive stance (whether religious or secular) in political deliberation in the public sphere without giving up on the democratic obligation to provide reasons acceptable to everyone to justify coercive policies with which all citizens must comply. (shrink)

Drawing on Courtney Jung’s structural theory of obligation, this article proposes a novel interpretation of the relationship between liberal democratic justice and identity politics. This interpretation, in turn, justifies an anti-racist curriculum in the context of liberal democratic education. According to Jung’s theory, the liberal state has an obligation to improve the status of oppressed identity groups in society in so far as the state itself has participated in the formation of their identities through historical and continuing structural (...) injustices. Based on this theory, the article argues that anti-racist education should be understood as receiving its justification not from the recognition of particularistic identities as such, but from the state’s obligation to compensate for the structural injustices, which have contributed to the formation of the identities in question, and which are incompatible with liberal democratic justice. Furthermore, the article elaborates on a form of anti-racist curriculum broadly compatible with the liberal democratic aim of fostering political and personal autonomy of students. (shrink)

RESUMO O artigo examina a função da noção de obrigação política no pensamento do filósofo italiano da política e do direito Alessandro Passerin d’Entrèves (1902-1985), especialmente em sua relação com o regime democrático e as formas de resistência por parte dos cidadãos. Pela análise dos principais argumentos do autor a esse respeito, o artigo procura demonstrar a flexibilidade do conceito de Estado do autor e a importância da filosofia enquanto ponto de intersecção entre a moral e o direito, constituindo-se como (...) instrumento de abordagem fenomenológica das formas de associação humana. (shrink)

One of the major objectives in a democratic state is ensuring health security of the citizens including combating epidemic diseases. The subject matter of this article is the presentation and analysis of legal regulations regarding preventive vaccination in Poland, in particular the aspect of imposing a legal obligation and restricting parents’ right to express consent for medical intervention. The reflections made herein are aimed at finding an answer to the question whether the adopted legal solutions are admissible in a (...) democratic state with regard to ensuring health security. The purpose of the analysis is also to assess whether the abovementioned legal regulations have been formulated in a clear way and do not raise interpretation doubts and, consequently, whether they are comprehensible to the parents obliged to comply with them. As it follows from analysis of the legal provisions, parents must not refuse to subject a child to obligatory preventive vaccination and their consent is not required by law, both as regards the medical qualifying examination to exclude contraindications to performing vaccination and the vaccination itself. It is a legal obligation, from which exemption is only possible on grounds of certain medical conditions that would render vaccination inadvisable. The legal provisions that concern obligatory preventive vaccination in Poland, including in particular those referring to its enforceability, have not been formulated in a way that is sufficiently comprehensible to parents who are under the obligation of complying with them, irrespective of the fact that the language of the provisions of law should be clear and raise no interpretative doubts. In a democratic state the protection of public health against epidemic hazards justifies the implementation of legal solutions that restrict an individual’s freedom of self-determination, thus limiting the right of patients or their statutory representatives to grant or refuse consent for a medical intervention in the form of preventive vaccination – the purpose of this legal solution being to prioritize the safeguarding of state health security. It is vitally important to engage in a social dialogue with the purpose of convincing the public of the need for vaccination, its significance and its implementation for the better good. (shrink)

Political debate is a distinctive domain in argumentation, characterized by these features: it is about proposals for action, not about propositions that may have a truth value; there may be good arguments on both sides; neither the proposal nor its rejection follows by necessity or inference; the pros and the cons generally cannot, being multidimensional and hence incommen- surable, be aggregated in an objective way; each audience member must subjectively compare and balance arguments on the two sides; eventual consensus between (...) the debaters is not a reasonable requirement. From all this follows a view of the rhetor’s special obligation in democratic, deliberative rhetoric on which it becomes crucial, in the interest of the audience, that political debaters acknowledge good arguments on the opposite side and explain why, on balance, they deem the arguments favoring their own side to be stronger. (shrink)

Nonhuman animals are unable to exert any direct control over the functioning of democratic institutions –the decisions of which, nevertheless, have a pervasive impact on their lives. Their interests are therefore likelier to be set back or unfairly discounted, and their choices are more vulnerable to arbitrary interference. Because of this, some authors have suggested that we ought to redesign our political institutions so that they are more responsive to the interests of animals. We argue that this strategy fails (...) to address the root of the problem, which is animals’ lack of robust political agency. We defend that, should it become technologically feasible, we have a pro tanto obligation, derived from the values that underpin democracy, to uplift, or radically enhance, the political agency of nonhuman animals, so that they can better participate in mass democratic politics, express their interests as they see them, self-organise to defend them, and hold their representatives accountable. Finally, we explain how our argument manages to resist the most important objections against animal enhancement and, in some cases, it does so better than alternative proposals based on the value of animal well-being. (shrink)

This study compares the codes of media ethics adopted by the PCCPress Complaints Commission, the IFJInternational Federation of Journalists and the SPJSociety of Professional Journalists based on the claim that it is the public's right to know, and examines the origins of this concept. A new approach is presented here which falls between the liberal-democratic approach on the one hand and on the other, the extreme ultra-Orthodox approach that claims that it is the public's duty not to know. This (...) new approach which indicates that it is the public's duty to know has evolved from the analysis of Jewish texts from Biblical times and from the study of events in Jewish community life throughout the world. This novel approach is likely to effect a change in the contents of broadcasts and in the boundaries of media ethics. (shrink)

Hassoun argues that the poor in the world have a right to health and that the Global Health Impact Index provides consumers in well-off countries with the opportunity to ensure that more people have access to essential medicines. Because of this, these consumers would be ethically obliged to purchase Global Health Impact Index-labeled products in the face of existing global inequalities. In presenting her argument, Hassoun rejects the so-called democratic account of ethical consumption in favor of the positive change (...) account. Two versions of the democratic change account are relevant. One underscores the importance of democratic procedures and institutions, while the other stresses our fundamental moral equality. While at least one prominent institutionalist account has problems, revised versions would be less vulnerable to Hassoun’s counterexamples. Furthermore, institutionalist accounts come with the epistemological gains from democratic procedures and deliberations, which may be especially important under uncertainty. Finally, and perhaps more challenging for the Global Health Impact index project, this measure may place the burden unfairly on those who need to buy medicines. This is a pivotal insight from the non-institutionalist version of the democratic account of ethical consumption. (shrink)

Beazley, Margaret Australia rightfully places itself amongst democratic countries governed by the rule of law. It is a tradition in which I hold a firm belief. An essential aspect of the rule of law is its non-arbitrary application, and its guarantee of equality before the law. When describing the rule of law, A. V. Dicey stated that the rule of law meant: the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes (...) the existence of arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government. (shrink)

Four papers are included in this November 2018 special issue Open Section. First is by Bjørn Hofmann and Siri Granum Carson titled _Filosofiens rolle i det offentlige ordskiftet: Hvordan har debatten om sorteringssamfunnet i 2017 påvirket forholdet mellom filosofi og samfunn? En innholdsanalyse_. Second, _Provokativ offentlig filosofi_ by Aksel Braanen Sterri. Third, Steinar Bøyum’s _The Democratic Duty to Educate Oneself._ And fourth, Jonas Jakobsen and Kjersti Fjørtoft’s _In defence of moderate Inclusivism: Revisiting Rawls and Habermas._.

In the context of current environmental crises, which threaten to seriously harm living conditions for future generations, liberal-capitalist democracies have been accused of inherent short-termism, that is, of favouring the currently living at the expense of mid- to long-term sustainability. I will review some of the reasons for this short-termism as well as proposals as to how best to represent future people in today’s democratic decision-making. I will then present some ideas of my own as to how to reconceive (...) the idea of democracy and the responsibilities of citizenship in the face of increasing obligations to sustain both the environment and democratic institutions for future people. I argue that taking turns between governing and governed is a key dimension of democracy, and that it implies in-principle consent to others governing after my turn, including future generations. Thus, future people must be better represented than they generally are today, in particular when democratic institutions find themselves squeezed between an overburdened environment in which they are embedded, and a fast-paced and short-termist globalizing economy. (shrink)

This article explores the personal responsibility of soldiers for fighting in unjust wars. Its reference point is the position developed by Jeff McMahan in his recent Killing in War. I claim that McMahan fails to give sufficient importance to institutional justifications on this matter. I argue for this by developing what I call the argument to democratic duty, which I claim embodies much current thinking about the obligations of soldiers in a democratic culture. The upshot of my (...) argument is that soldiers are placed in a contradictory position, between personal and institutional obligations. This is one sense in which soldiers can be victimized by the institution of war itself. (shrink)

The moral principle of fairness or fair play is widely believed to be a solid ground for political obligation, i.e., a general prima facie moral duty to obey the law qua law. In this article, I advance a new and, more importantly, principled objection to fairness theories of political obligation by revealing and defending a justificatory gap between the principle of fairness and political obligation: the duty of fairness on its own is incapable of preempting the citizen‟s liberty to reciprocate (...) fairly in ways other than obeying the law. This justificatory gap is unaffected by the ongoing debate between the voluntarist and the nonvoluntarist accounts of fairness, and it cannot be bridged by the two arguments that are perhaps implicit in Klosko‟s account, namely the presumptive benefits argument and the democratic procedure argument. (shrink)

The paper is organized around two major, but closely interconnected goals. First, the paper’s principal aim is to offer a normative theory of political obligations that is based on certain insights of philosophical anarchism, theories of associative obligations and political realism. Second, the paper aims to offer a normative theoretical framework to examine political obligations in contemporary non-democratic contexts that does not vindicate non-democratic regimes and that does not exclude political obligations from the terrain (...) of moral normativity. The theory of political obligations this paper proposes can be briefly summarized as follows: political obligations are duties of compliance with the political authority claims of those who exercise political power. Their primary ground is membership. The mere fact of membership has moral weight in its own right and it is also inseparably embedded into a rich context of moral reasons for action that includes general reasons; ad hoc reasons; regime-specific reasons applying to every subject; and regime-specific offices that attribute specific responsibilities to individuals and groups. This rich context of typical moral reasons plays an important role in deciding what needs to be done, all things considered, with respect to the political authority claims. This account attempts to describe compliance in terms of genuine political obligations and also claims to be a plausible and general account. It does not claim to be a theoretically coherent moral justification for political obligations, however, just a theoretically coherent account of the varied sources and limitations of political obligations. (shrink)

I argue that democratic citizens have a duty to educate themselves politically. My argument proceeds in two stages. First, I establish a case for the moral importance of individual competence for voting, but also maintain that the substantial content of the required competence must remain open. I do this by way of an assessment of Jason Brennan's provocative defense of epistocracy. I try to show that there is no notion of political competence that can meet with reasonable agreement among (...) citizens and that voter qualification exams are therefore illegitimate. Second, I maintain that the basic premise of Brennan's argument, the right to a competent electorate, is valid and that it corresponds to an individual duty to educate oneself politically. This duty is, in Kant's terminology, a wide and imperfect duty that we owe to our fellow democratic citizens. Yet since the content of competence must be left open, this moral duty cannot be transformed into a legal obligation. (shrink)

With the calls to decolonize the philosophy curriculum, and the university more generally, which have seen a series of intellectual interventions in South Africa, this article takes its cue from Nyoka’s recommendation when he suggests moving beyond merely thinking about decolonization. In reflecting on processes of decolonizing the curriculum, this article considers the successes and failures of a course taught during a global pandemic, wherein pedagogic strategies were constrained. Reflecting on a module taught in the first semester of 2021, this (...) article thinks through the fundamental question that underpins the course, primarily: how to develop a contextually responsive philosophical approach on the southernmost tip of the African continent. Using two primary texts, Kumalo’s Decolonization as Democratization and Jansen’s Decolonization in Universities, the module analysed this question by juxtaposing, respectively, a philosophical and educational text. In this pedagogic autocritique, I reflect on ‘what obligation do intellectuals owe their students’ in a decolonizing context. (shrink)

Many political theorists today deny that citizenship can be defended on liberal grounds alone. Cosmopolitans claim that loyalty to a particular state is incompatible with universal liberal principles, which hold that we have equal duties of justice to persons everywhere, while nationalist theorists justify civic obligations only by reaching beyond liberal principles and invoking the importance of national culture. In Liberal Loyalty, Anna Stilz challenges both views by defending a distinctively liberal understanding of citizenship. Drawing on Kant, Rousseau, and (...) Habermas, Stilz argues that we owe civic obligations to the state if it is sufficiently just, and that constitutionally enshrined principles of justice in themselves--rather than territory, common language, or shared culture--are grounds for obedience to our particular state and for democratic solidarity with our fellow citizens. She demonstrates that specifying what freedom and equality mean among a particular people requires their democratic participation together as a group. Justice, therefore, depends on the authority of the democratic state because there is no way equal freedom can be defined or guaranteed without it. Yet, as Stilz shows, this does not mean that each of us should entertain some vague loyalty to democracy in general. Citizens are politically obligated to their own state and to each other, because within their particular democracy they define and ultimately guarantee their own civil rights. Liberal Loyalty is a persuasive defense of citizenship on purely liberal grounds. (shrink)

In The Democratic Soul, Aaron L. Herold argues that liberal democracy's current crisis—of extreme polarization, rising populism, and disillusionment with political institutions—must be understood as the culmination of a deeper dissatisfaction with the liberal Enlightenment. Major elements of both the Left and the Right now reject the Enlightenment's emphasis on rights as theoretically unfounded and morally undesirable and have sought to recover a contrasting politics of obligation. But this has re-opened questions about the relationship between politics and religion long (...) thought settled. To address our situation, Herold examines the political thought of Spinoza and Tocqueville, two authors united in support of liberal democracy but with differing assessments of the Enlightenment. Through an original reading of Spinoza's Theologico-Political Treatise, Herold uncovers the theological foundation of liberal democracy: a comprehensive moral teaching rehabilitating human self-interest, denigrating "devotion" as a relic of "superstition," and cultivating a pride in living, acting, and thinking for oneself. In his political vision, Spinoza articulates our highest hopes for liberalism, for he is confident such an outlook will produce both intellectual flourishing and a paradoxical recovery of community. But Spinoza's project contains tensions which continue to trouble democracy today. As Herold shows via a new interpretation of Tocqueville's Democracy in America, the dissatisfactions now destabilizing democracy can be traced to the Enlightenment's failure to find a place for religious longings whose existence it largely denied. In particular, Tocqueville described a natural human desire for a kind of happiness found, at least partly, in self-sacrifice. Because modernity weakens religion precisely as it makes democracy stronger than liberalism, it permits this desire to find new and dangerous outlets. Tocqueville thus sought to design a "new political science" which could rectify this problem and which therefore remains indispensable today in recovering the moderation lacking in contemporary politics. (shrink)

According to Corey Brettschneider, we can protect freedom of religion and promote equality, by distinguishing religious groups’ claims to freedom of expression and association from their claims to financial and verbal support from the state. I am very sympathetic to this position, which fits well with my own views of democratic rights and duties, and with the importance of recognizing the scope for political choice which democratic politics offers to governments and to citizens. This room for political choice, (...) I believe, is necessary if people are to have any chance of reconciling the conflicting moral and political obligations they are likely to face, however idealized our conception of democracy or morality. Granted that no amount of personal and political choice will ever guarantee that we do not encounter tragic choices, and painfully conflicting moral demands, it is an important feature of democracy – or so I believe – that its rights reflect the importance of mitigating these conflicts so that people are able, as a rule, to act as they ought, so that they do not experience their moral sentiments, beliefs and capacities simply as grounds for recrimination, alienation and despair. I therefore believe that democracies have good reason not to force the consciences of the undemocratic and the intolerant, where it is possible to accommodate such people without threatening the rights of others. However, the fact that I share many of Brettschneider’s intuitions and beliefs does not mean that I share them all. In particular, I find his conception of democracy unduly narrow, and unduly based on a rather idealized conception of the American constitution which is unlikely to appeal to those whose conceptions of democracy are more republican, more socialist, more pragmatic and more international than his. I have explained these worries elsewhere and drawn out some of their implications for his arguments about privacy and judicial review. There is no need to repeat them here. I will also set to one side my worries about his uninflected, overly abstract and rather reified characterization of the State, in the hope that others will discuss this and that, in the end, a more nuanced conception of the State and a more lively appreciation of the conflicting people, institutions, histories and norms which make up most states, will prove consistent with his arguments. Finally, I do not propose to enter into a detailed discussion of the difficulties of Brettschneider’s overly abstract and reified conception of State ‘speech’ and ‘expression’ which, while motivated by the language of American constitutionalism, appears to cover pretty much anything a government might do, from raising and spending taxes, to accepting judicial interpretations of contested constitutional provisions, or to affirmatively pronouncing on the goals that will animate its legislative agenda and its aspirations for citizen’s lives. Again, while I would have wished for a more nuanced and analytical discussion of so central a concept as ‘expression’ and, in particular, expression by ‘the State’, I am uncertain that anything fundamental in Brettschneider’s account of citizen rights and duties would be altered in the process. Instead, then, I want to focus on points in Brettschneider’s argument that intrigue, and sometimes puzzle, me the most and where issues of nuance and clarification might make a substantial difference to our views of equality and religious freedom. (shrink)

In a recent analysis of the principle of civilian immunity, Igor Primoratz asks whether the circle of legitimate targets in war might be expanded so as to include at least some civilian bystanders. However Primoratz’ formulation of the ‘responsible bystander’ argument depends for its cogency on there being natural or non-acquired positive duties, and this is controversial. Furthermore, we feel that the citizens of a government unjustly at war are primarily and specially obliged to undermine that war, and that this (...) is not simply a function of their being in the best position to do so, (which may not always be the case). Primoratz’ version of ‘responsible bystander’ cannot account for this. Here I develop an alternative formulation that does, and which is not reliant on controversial premises. I argue that to empower a government democratically is to assume a positive obligation to prevent that government from using its power to prosecute an unjust war, and that the neglect of this duty may render a significant portion of the duty-bound collective legitimate targets of necessary and proportionate violence. In closing I dispute Primoratz’ claim that this conclusion has “very little purchase on reality” or is irrelevant for practical purposes. (shrink)

Though falling turnout in recent decades has been recognised as a problem for democracy, the solutions that have been proposed have mostly been drawn from the realms of the marketplace and society, rather than that of democracy. The inadequate empirical theory that subtends many policy initiatives designed to improve turnout accounts for why these initiatives have largely failed to achieve their stated aims. I argue that electoral participation should be seen through the conceptual lens of collective action, and that this (...) approach suggests mandatory electoral participation as an equitable and effective coordination device. I further argue that compulsory turnout offers a good fit with democratic norms of equality, rights and political obligation. (shrink)

Through a series of conversations, Fintan McCutcheon and Joanna Haynes explore McCutcheon's reflections on school leadership in the contexts of the Educate Together movement (in the Republic of Ireland) and, specifically, in his aspiration to build an optimally democratic school in Balbriggan. Much of the academic and professional literature on school leadership depicts the role of school leaders as expressing a strong vision for the school, with charismatic communication and strategic skills, and putting explicit emphasis on high educational standards. (...) On the ground, the school leader is required to maintain executive governance standards, is accountable to a range of hierarchies and audiences and is in a custodian role to traditions of school culture and human resource relationships. Taken together, these academic, professional and contractual obligations can corral the school leader into practice of limited scope, obstructed by protocol, risk-averse and curtailed in creativity and, in relation to developing a democratic school, lacking in the necessary room for innovation. The conversation focuses on the rough ground of incident and messiness, identified through critical moments of school life when the aspirations to be democratic, to lead democratically, to teach democracy and to create a sustaining democratic school culture are lived-out. Through this dialogue, the conversants observe a practice of school leadership grounded in practical reason. The dialogue touches on and threads congruence between the on-the-ground risk-taking, rule-breaking, action orientation, nuanced dialogue, passionate engagement and deep reflection that characterise day-to-day school leadership practice. It concludes with ideas concerning the dynamics of forms of democracy that can prevail. (shrink)

Recent attempts to legislate climate science out of existence raises the question of whether citizens are obliged to obey such laws. The authority of democratic law is rooted in both truth and popular consent, but neither is sufficient and they may conflict. These are reconciled in theory and, more importantly, in practice once we incorporate insights from the pragmatist theory of inquiry.

Clinicians and administrators have a professional obligation to contribute (OTC) to improvement of healthcare quality. At the same time, participation in embedded research poses risks to healthcare institutions. Disclosure of an institution’s sensitive information could endanger relationships with patients and undermine its reputation. The existing ethical framework (EF) for learning healthcare systems (LHSs) does not address the conflict between the OTC and institutional interests. Ethical guidance and policy regulation are needed to create a safe environment for embedded research. In this (...) article we analyse the EF for LHSs and the concept of professionalism. We suggest that the EF should be supplemented with an obligation to protect provider’s legitimate interests. We define legitimate interests as those that enable providers to discharge their primary duties. We argue that both the OTC and the obligation to protect legitimate interests are grounded in the concept of medical professionalism and can be understood as a matter of contract between a democratic society and medical professionals. The proposed supplemented EF can be implemented into a regulatory system in three different ways: theself-regulating: where providers decide themselves how to balance the ethical claims, the centralised: where a governmental institution decides the right balance between providers’ interests and interests of a health system; and themediating: where medical professionals, the state and patients negotiate their interests. Our article contributes to the discussion on ethical relevance of providers’ interests and the regulatory model for weighing opposite interests in LHSs. (shrink)

_ Source: _Page Count 19 Collectivities can have obligations beyond the aggregate of pre-existing obligations of their members. Certain such collective obligations _distribute_, i.e., become members’ obligations to do their fair share. In _incremental good_ cases, i.e., those in which a member’s fair share would go part way toward fulfilling the collectivity’s obligation, each member has an unconditional obligation to contribute.States are involuntary collectivities that bear moral obligations. Certain states, _democratic legal states_, are collectivities whose (...) obligations can distribute. Many existing states are democratic legal states, but none satisfies more rigorous requirements of distributive justice. There, citizens who hold assets, in excess of what is just, bear a distributed duty to dedicate that excess toward correcting the injustice. It is an incremental good case not conditioned on the conformity of others who are also wealthier than justice allows, nor on the diligence of the state in meeting its obligations. (shrink)

Issues of sexual orientation elicit ethical debates in schools and society. In jurisdictions where a legal right has not yet been established, one argument commonly rests on whether schools ought to address issues of same-sex relationships and marriage on the basis of civil equality, or whether such controversial issues ought to remain in the private sphere. Drawing upon an antiperfectionist liberal framework, Dianne Gereluk argues that schools have an obligation to educate students in two important ways. First, students must develop (...) an awareness and understanding of the range of acceptable and permissible ways of life that may lead to human flourishing. Second, students must understand the requisite protections and recognition afforded to individuals in a pluralist society. (shrink)

_The Temporality of Political Obligation _offers a critique and reconceptualization of the ways in which our political obligations – what we owe to political authorities and communities, and the reasons why we ought to obey their rules – have been traditionally conceptualized, justified, and contested. Drawing from theories of time and temporality, Justin Mueller demonstrates some of the unacknowledged assumptions and theoretical blind spots shared among these ostensibly opposed positions, and the problems and contradictions that this neglect of time (...) poses. Enriching the literature on the philosophers Henri Bergson and Gilles Deleuze, Mueller demonstrates how their theoretical frameworks on time can be used to analyze a political problem that is usually confined to the concerns of normative liberal democratic theory. Politically, this book provides readers with the means to better identify and analyze the diverse temporalities they encounter in everyday life, and better understand their experiences of them. A welcomed and timely read which will be of interest to scholars involved in recent efforts to engage with the social and political dimensions and consequences of time and temporality. (shrink)

A better appreciation of the material, distributed quality of human agency can illuminate subtle dynamics of domination and oppression and reveal resources for potentially liberatory political action. Materialist accounts of agency nevertheless pose challenges to the notion of personal responsibility that is so crucial to political obligation and democratic citizenship. To guard against this danger, we need to sustain the close connection between agency and a sense of selfhood that is individuated, reflexive, and responsive to norms. Yet we should (...) acknowledge that reflexive selfhood is not the whole of individual agency for the sources of agency extend beyond the individual herself. We also need to recognize the ways that both reflexivity and norm-responsiveness are themselves embodied capacities. When properly conceived, a materialist view of agency can increase awareness of our oftenunwitting contributions to systematic inequalities of power and extend our political responsibilities in emancipatory directions, thus holding great promise for democratic life. (shrink)

This paper examines the General Agreement on Trade in Services (GATS), which is one of the World Trade Organisations free trade agreements. In particular, I examine the extent to which the GATS unduly restricts the scope for national democratic choice. For purposes of illustration, I focus on the domestic health system as the subject of policy choice. I argue that signatories to the GATS effectively acquire a constitutional obligation to maintain a domestic health sector with a certain minimum degree (...) of privatisation. Like constitutional obligations, the restrictions the GATS imposes on the freedom of future generations to structure their domestic health sector are (i) very difficult, though not strictly impossible, to alter; and (ii) not chosen in any ordinary sense by the subject generation. To gain democratic legitimacy, therefore, the relevant provisions of the GATS must pass some higher standard of democratic scrutiny, such as ratification by a super-majority. Ordinary legislative ratification does not suffice. (shrink)

Patricia Smith considers what a consistently liberal view of affirmative obligation would have to be in order to accommodate liberal commitments to freedom and justice and also account for longstanding issues that are central to liberal democratic society. Patricia Smith argues that taking these institutions seriously requires the rejection of atomistic individualism and, instead, the acceptance of a moderate view of social obligation.

00 Pateman examines the notion of political obligation in relation to the liberal democratic state and presents a vision of participatory democracy as a means to effect a more satisfactory relationship between the citizen and the state. She offers a general assessment of liberal theory and an interpretation of all familiar arguments about political obligation and democratic consent. Pateman examines the notion of political obligation in relation to the liberal democratic state and presents a vision of participatory (...) democracy as a means to effect a more satisfactory relationship between the citizen and the state. She offers a general assessment of liberal theory and an interpretation of all familiar arguments about political obligation and democratic consent. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 35.4 (2002) 267-296 [Access article in PDF] Allegory and Democratic Public Culture in the Postmodern Era Robert Hariman The man lies on the hotel bed, clad only in his underwear, as he watches the TV screen just beyond his feet. His right hand holds the remote control, which he uses to scan through the cable channels. To his left sits Abraham Lincoln, clothed in long-sleeved (...) white shirt and black pants and reading a book. Lincoln's long, angular frame is just a bit stooped, and his brow is slightly furrowed, as if long accustomed to thinking on the edge of melancholy. Lincoln is mulling over a statement by Walter Benjamin: "Allegories are, in the realm of thoughts, what ruins are in the realm of things" (Benjamin 1977, 178). 1Seated to the man's right is a woman wearing the terry cloth bathrobe provided by the hotel. She leans slightly forward, legs crossed, as she reads the New York Times Magazine cover story about President Clinton. "Listen to this," she says with a bemused smile. "In the clutter around his desk in the Oval Office stands not a single bust of a favorite predecessor, but five: Lincoln, Teddy Roosevelt, Truman and two of F.D.R., plus a statuette of Will Rogers for good measure. If governing is choosing, this collection is a metaphor for this President's trouble with choices, and he himself allows, 'That's the story of my Presidency, that desk'" (Purdum 1996, 36).The man says nothing as he continues to watch the succession of images on the screen: a lizard flicks its tongue in the desert heat; a child in a stroller laughs as she holds a strawberry ice cream cone; a congressman in blue suit, white shirt, and red tie jabs his finger into the air as he talks earnestly; cars plastered with automotive product logos curl around a race track; Fred and Ginger swirl around the dance floor; soldiers wade ashore at Omaha Beach; the Space Shuttle lifts off; Groucho lifts his eyebrows; Regis smiles; mushrooms and peppers simmer in a pan.The succession of images could go on indefinitely. The tableau remains static. The composition is an allegory: a figural presentation that organizes multiple interpretations regarding collective experience. It also contains and comments on other forms of itself: Clinton's desk is an example [End Page 267] of the figural anecdote that has been a staple of American public address. The manifold of televisual images exemplifies the allegorical encoding that operates within postmodern art forms, including fragmentary appropriation, paratactic association, encyclopedic range, and non-linear temporality. The statement by Benjamin illuminates the nature of allegory in a specific genre and historical period, and as it is a general mode of representation, and perhaps as it is a model for all textual interpretation.The composition also evokes a set of dialectical tensions that are characteristic of both allegory in general and fundamental anxieties in the contemporary period. Past and present sit side by side, but incongruously, as if by artifice alone. So it is also with the print and visual media, which are held together by mutual competencies but otherwise in figural isolation that perhaps represents different destinies. Likewise, one might wonder about the peculiar relationship between public affairs and private life: the succession of images on the screen adhere to no hierarchy of values, no principle of loyalty or sacrifice, no basis for discerning obligations or maintaining rights, yet they are replete with the paraphernalia of these concerns, and the arrangement of figures in the room likewise is at once suggestive yet inconclusive. If this tableau contains familiar features of the mass-mediated experience that now saturates American politics, one might wonder: Is the democratic tradition in ruins?Allegories give us dynamic juxtapositions in a static frame. This principle of composition seems particularly suited to periods of cultural change. To the extent that the genre of allegory has a history, it is one of eternal recurrence at periods of loss and fragmentation produced by the expansion of a new, somewhat... (shrink)

An authoritative directive, when it has legitimacy, is a reason to exclude from consideration some of the reasons to act and not to act in this way. One is obliged to obey, even when one disagrees with the directive. Therefore, authority demands deference regarding how one acts, although one is free to think what one likes about that action. How can deference of this kind be compatible with freedom and rationality? That is the so-called moral problem of authority. For some, (...) authority has legitimacy in a deliberative democracy because deference to its rules better meets the demands of freedom and rationality. As I hope to show here, this line of thought does not give an adequate account of authority. If a directive is legitimate only if it has a certain content, as deliberative democrats are saying, one does not defer to but rather merely complies with such a directive. (shrink)

First published in 1987. This study is concerned with the problem of political obligation, the normative question of why one should obey the law, and with social contract thought as an answer to this question. It is entitled a critique, but the critique is not of social contract theory as such, but rather of the "orthodox" treatment of contract that yields so readily to the rough handling and easy rejection that is the normal lot of contractarianism in contemporary treatments. In (...) its place will be suggested a reinterpretation of contract that sees it as making different assumptions and requiring different premises, and that is proof against many of the orthodox refutations of social contract theory; the reinterpretation is thus in the nature of a vindication. First, from an examination of the most commonly cited champions of contractarianism will be derive a reinterpretation of contract in the form of a new model or syllogism, the features of which will be brought out by contrasting it first with the contemporary ideas of John Rawls and then with the orthodox model itself. Democratic consent theory, as the heir to the remnants of the orthodox model, will be examined, and the ideas of T. H. Green will be considered as embodying an important feature of contractarianism omitted or ignored by the orthodox model Finally, the new model of contract will be suggested as a potentially useful approach to the problem of political obligation in the modern context. This title will be of interest to student of politics and philosophy. (shrink)

The most important moral question concerned with the problem of political obligation relates to the limits of obedience of a citizen owed to the state. The problem of political obligation raises the questions such as – (1) To what extent the citizen has an obligation to obey the laws of the state? (2) Is the citizen of a state, whether democratic or otherwise, under an obligation to obey the unjust laws of the state? There are two different viewpoints concerning (...) the character of obligation to obey the laws of the State. (1) The first position states -- “one has an absolute obligation to obey the law and therefore disobedience to the state law is never justified”. (2) The second position asserts -- “one has a prima facie obligation to obey the law, but this obligation can be overridden by conflictingobligations. Hence disobedience to the state law can be justified in the presence of outweighing circumstances”. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Corrupting Youth: Political Education, Democratic Culture, and Political TheoryJennifer RobertsJ. Peter Euben. Corrupting Youth: Political Education, Democratic Culture, and Political Theory. Princeton: Princeton University Press, 1997. xvi 1 271 pp. Cloth, $55, £37.50; paper, $18.95, £13.95.Who, Socrates asks Meletus, improves the young men of Athens? The laws, Meletus replies. But which people, Socrates wants to know, which men? These very dicasts here. All of them, Meletus, (...) or just some? Oh, all of them. Goodness; and what about the audience? Them too? Yes, them too. And the members of the Boule? Certainly. And the men in the Assembly? Yes, them too. In other words, Meletus, what you are saying is that absolutely everyone in Athens improves young men except me. Is that right? Yes, that is exactly right, Meletus replies.Socrates has succeeded in making a fool of Meletus precisely because the question of “improving” the young (or anyone else) is so problematic. In this wide-ranging study of political thought in classical Athens, Peter Euben locates Greek explorations of the civic community, and how one educates people for it, in the context of contemporary debates over higher education in the United States. Taking as a springboard (and a title) the accusation of corrupting the youth made against Socrates at his trial, Euben seeks to mediate the claims of “canonists,” who advocate a focus on classical texts on the grounds that they instill Values with a capital V, and “multiculturalists,” who are suspicious of such texts, believing them to embody the narrow and bankrupt values of dead white males—dead white slave-holding males at that. His strategy is to stress what he sees as the polyphonal and multivocal nature of the Athenian corpus, emphasizing the impossibility of these revered but disparate texts’ “teaching” any virtue other than that of constant scrutiny of self and other. The texts he examines, moreover—tragedy, comedy, and dialogue—often deal directly with the question of education for democratic citizenship, a project dear to Euben’s heart.To do this, of course, Euben must demonstrate a pro-democratic agenda in both tragedy and Old Comedy, and here I think he succeeds, although the matter is far from simple; and then there is the question of Socrates/Plato. Readers will probably be persuaded by his arguments in the following order: Sophocles’ Antigone, yes; Aristophanes’ Clouds, maybe; Plato’s Gorgias, very dubious. It is in its discussion of the troubling Gorgias that Euben’s book is most challenging and provocative.Demonstrating multiple voices in Antigone is not a daunting task. The play works as a pro-democratic statement on many levels, beginning with its very surface. Most simply, Haemon and the chorus appear to embody the voice [End Page 621] of reason against Creon’s rigidity and vulgarity, and Haemon explicitly sides with the chorus against his autocratic father. At a deeper level, however, the polyphony of the play represents what Euben sees as the multivocal nature of democratic debate, as the conflicting claims of law and family are both enacted and articulated on the stage. Here, as elsewhere in the book, he finds the process of deliberation and analysis intrinsically democratic and gives it as least as much weight as the conclusions to which it leads, if not more.Creon, who rejects discussion and deliberation and associates yielding with unmanliness, seeks to deny the richness and complexity of human life and the human community. If Creon stands for autocracy, does the equally rigid Antigone then represent democracy? It would seem to me that she does not, since the primacy she gives to religious over civic obligations appears to place her in the camp of the female/religious force that Aeschylus rejected in the Oresteia as pre-democratic, replacing it with the patriarchal state of men and civic laws as the Furies are tamed and the rulings of male juries are constituted as the laws of the community. Euben, however, puts forward an interesting argument to the opposite effect: while Creon, he writes, “may regard Antigone as the amorphous anarchic symbol of womanly power, it is worth recalling that conservatives regarded Athenian democracy the same way” (171). (We might... (shrink)

This paper takes a unique approach to framing the political obligation social media companies like Twitter and Facebook have in a democratic society by casting the public sphere as a common-pool resource. Over the last decade or so much of our civic discourse has moved to social media platforms such as Facebook and Twitter. This paper argues that just as citizens have an obligation to one another, social media companies have an obligation to promote agonistic forms of civic, political (...) discourse through their algorithms. This algorithmic obligation that social media companies have must be reconciled with social media companies’ formulation of their fiduciary shareholder obligations. We posit that a commons based view of social media discourse allows these companies to make both a democratic health and fiduciary interest argument. (shrink)

In Equal Recognition, Alan Patten argues that in a proper relationship between normative political theory and democratic politics, we must make a clear distinction between two questions related to cultural rights: (a) authority (who should decide?) and (b) the substance of deliberation. The question he wants to explore, however, is not the authority question but the substantive question. The aim of this article is to show that an account of equal recognition cannot bracket out the democratic element. It (...) argues, first, that Equal Recognition does not live up to its initial promise, as it contains a number of reflections and recommendations (on language rights, on secession, on the rights of migrants’ cultures) that either explicitly or implicitly include the democratic element. Second, it points at other important areas of political decision-making – such as electoral system design, districting, referendums, quotas – in which it is quite clear that in order to extend equal recognition to minority cultures, we are obliged to take decisions related to the design of democratic institutions. (shrink)

Liberalism has been criticized by libertarians, communitarians, and radicals alike for weaknesses in its philosophical underpinnings, especially in its conception of the self and account of political and civil obligation. In this ambitious and challenging study, Pinkard acknowledges many of these criticisms and defends a democratic liberalism more responsive to the ideals of fairness, sharing, and community. This defense may be called "Hegelian" in two respects: At a substantive level, Pinkard develops a non-voluntarist, non-contractarian theory of obligation based on (...) what he calls the ideals of personality and social union, especially that of mutual acknowledgment. These ideals constitute the "spirit of a culture" which in turn prescribes the possible forms or "categories" of social life. At a methodological level, he employs speculative or dialectical arguments in the defense and articulation of these ideals. In contrast to transcendental arguments, such arguments do not claim any uniqueness or a priori necessity for these ideals or their institutional embodiment. Rather, they show how the ideals are possible given other constraints and conditions. Moreover, while the arguments are "contextualist" in character, Pinkard claims they are not relativist since the ideals can be used to criticize existing institutions and practices. (shrink)

Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as (...) contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as friends who altruistically care for each others’ welfare, and as fallible agents of diverse experiences and worldviews. (shrink)

This work has two major goals. The first is to reframe the problem of political authority from its Conservative framing to a Reformist framing. This change creates a new benchmark for the success of a theory. Rather than justifying a pre-existing intuition, a theory can be successful if it could establish political authority whenever the state itself or an individual’s relationship to it changes. This change also shifts the focus from the state’s right to rule to moral housekeeping. In other (...) words, the main goal is not to see when the state can use coercion against its citizens but rather to determine what political obligations citizens could have under different scenarios so that citizens can more accurately keep track of their moral reasons for action. The second major goal is to call into question epistemic theories of democratic authority through a critical examination of David Estlund’s theory of normative consent. Normative consent cannot establish political authority. Even granting that it could, normative consent would bind individuals to epistemic procedures rather than democratic procedures given that epistemic procedures better solve the moral problems that generate normative consent. However, this then raises worries from the public reason perspective that epistemic procedures would impose a procedure on some citizens which they could reject from a qualified position. To overcome this worry, it is shown that epistemic procedures based on reducing the power of the ignorant rather than raising the power of the experts are not open to such qualified rejection, and democratic procedures in the real world will do no better than a coin flip at selecting correct policies. In the end, one branch of epistemic conceptions of democratic authority are proven untenable. (shrink)

Human oversight has become a key mechanism for the governance of artificial intelligence (“AI”). Human overseers are supposed to increase the accuracy and safety of AI systems, uphold human values, and build trust in the technology. Empirical research suggests, however, that humans are not reliable in fulfilling their oversight tasks. They may be lacking in competence or be harmfully incentivised. This creates a challenge for human oversight to be effective. In addressing this challenge, this article aims to make three contributions. (...) First, it surveys the emerging laws of oversight, most importantly the European Union’s Artificial Intelligence Act (“AIA”). It will be shown that while the AIA is concerned with the competence of human overseers, it does not provide much guidance on how to achieve effective oversight and leaves oversight obligations for AI developers underdefined. Second, this article presents a novel taxonomy of human oversight roles, differentiated along whether human intervention is constitutive to, or corrective of a decision made or supported by an AI. The taxonomy allows to propose suggestions for improving effectiveness tailored to the type of oversight in question. Third, drawing on scholarship within democratic theory, this article formulates six normative principles which institutionalise distrust in human oversight of AI. The institutionalisation of distrust has historically been practised in democratic governance. Applied for the first time to AI governance, the principles anticipate the fallibility of human overseers and seek to mitigate them at the level of institutional design. They aim to directly increase the trustworthiness of human oversight and to indirectly inspire well-placed trust in AI governance. (shrink)

This paper examines Catharine Trotter Cockburn’s moral philosophy, focusing on her accounts of virtuous conduct, conscience, obligation, and moral character. I argue that Cockburn’s account of virtue has two interlocking parts: a view of what virtue requires of us, and a view of how we come to see this requirement as authoritative. I then argue that while the two parts are ultimately in tension with one another, the tension is instructive. I use Cockburn’s encounter with Shaftesbury’s writings to help bring (...) out this tension in her thought. I conclude that Cockburn’s work marks a bridge in modern moral philosophy from seventeenth-century natural law theory to the naturalism of the eighteenth century— that of Gay, Hume, and Bentham. (shrink)

Most analysts agree that democratic theorists have not offered a persuasive answer to the question of how the boundaries of a demos, a democratic people, should legitimately be defined. Some contend that boundaries should be maintained in ways that preserve sufficient sense of common identity to sustain support for redistributive policies. Many others endorse the “principle of all affected interests,” but it has been widely criticized as unrealistically destructive of too many existing community boundaries. This essay argues for (...) an alternative “principle of constituted identities.” It holds that, subject to certain important qualifications, modern constitutional democracies, at least, are morally obligated to extend the option of full membership to all those whose identities have been substantially constituted through such regimes’ coercive policies. Keywords : civic boundaries; principle of affected interests; constitutional democracy; stories of peoplehood; cultural identity (Published online: 25 August, 2008) Citation: Ethics & Global Politics 2008. DOI: 10.3402/egp.v1i3.1860. (shrink)

First published in 1987. The theory that political obligation and authority are derived from the consent of citizens is commonly accepted in the history of Western political thought. It is expressed in the famous assertion of the American Declaration of Independence that governments derive 'their just powers from the consent of the governed' and in the constitutions of some Western powers. This book provides the first systematic and comprehensive restatement and defence of consent theory since the 19th Century. It distinguishes (...) consent from contract theory, examines what the actual consent of citizens can consist in and what place it must have in liberal democratic theory. The consent theory's relationship with ethics is explored and the major objections to the theory are countered. The author points to some political reforms which would increase the proportion of citizens in liberal democracies whose consent places them under political obligation. The book provides an overview of the current state of the consent theory of political obligation and authority. (shrink)

The justification of criteria for the delineation and composition of democratic communities poses a significant challenge for democratic theory. The article argues that the all-subjected principle (ASP), advocated inter alia by Robert Dahl, fails to provide a convincing solution of the democratic boundary problem. Based on a detailed critique of the ASP, an alternative approach that builds on the right of association and a territorial principle is suggested. In contrast to non-territorial associations, such as religious communities, territorially (...) organized states have specific obligations to permanent residents that include the granting of voting rights. In response to possible objections it is argued that the freedom of association can be sensibly applied to the creation and maintenance of states. Moreover, it is shown that the territorial principle on which the proposed solution of the democratic boundary problem relies differs from the ASP in important respects. Finally, some practical consequences for controversial cases, such as immigrants, anarchists, and expatriates, are elucidated. (shrink)