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)

The democratic boundary problem arises because it appears that the units within which democratic decision procedures will operate cannot themselves be constituted democratically. The study argues that setting the boundaries of democracy involves attending simultaneously to three variables: domain (where and to whom do decisions apply), constituency (who is entitled to be included in the deciding body) and scope (which issues should be on the decision agenda). Most of the existing literature has focussed narrowly on the constituency (...) question, endorsing either the All‐Affected Interests Principle or the All Subjected Principle, but neither is satisfactory as a general solution. In particular, the former fails to explain why having interests at stake in a decision necessarily gives you the right to participate in making it, and the latter, although more plausible on that count, assumes that the domain and scope issues have already been settled. To make progress, we need to bring democratic values to bear on the boundary problem. The units we favour should be those that are likely to promote political equality and solidarity among members of the demos. Although this approach will often justify existing territorial states as sites of democracy, it can also generate arguments for making boundary changes along one or other dimension. (shrink)

In 1970, Stewart advocated disenfranchising everyone reaching retirement age or age 70, whichever was earlier. The question of whether senior citizens should be disenfranchised has recently come to the fore due to votes on issues such as Brexit and climate change. Indeed, there is a growing literature which argues that we should increase the voting power of non-senior citizens relative to senior citizens, for reasons having to do with intergenerational justice. Thus, it seems that there are reasons of justice (...) to disenfranchise senior citizens, or at least to grant them a lower voting weight than non-senior citizens. In this paper, we investigate whether there are democratic reasons to do so. To answer this question, we turn to the boundary problem in democratic theory, i.e., the question of who should be included in democratic decision-making. Two prominent solutions, and a more recent one, are particularly relevant: the all-affected principle, the all-subjected principle, and the relational egalitarian principle. When it comes to the all-affected principle and the all-subjected principle, we argue that there is reason to grant most senior citizens a lower voting weight than most non-senior citizens in most decisions. Whether that is the case on the relational egalitarian principle depends on how people relate to each other in society. Indeed, it is sometimes in accordance with the relational egalitarian view to grant senior citizens a greater voting weight than non-senior citizens. (shrink)

Who should have a right to participate in a polity’s decision-making? Although the answers to this ‘boundary problem’ in democratic theory remain controversial, it is widely believed that the enfranchisement of tourists and children is unacceptable. Yet, the two most prominent inclusion principles in the literature – Robert Goodin’s ‘all (possibly) affected interests’-principle and the ‘all subjected to law’-principle – both enfranchise those groups. Unsurprisingly, democratic theorists have therefore offered several reasons for nonetheless exempting tourists and (...) children from the franchise. In this paper, I argue that their attempts fail. None of the proposed rationales can do the job without having unacceptable implications for the voting rights of other groups. I then develop a new specification of the affected interests-view, one that avoids such problems. According to my life plan-principle, a person is entitled to participate in a polity’s decision-making if and only if its decisions will actually affect her autonomously chosen life plans, or prevent her from developing or revising plans of that kind. I show that this principle straightforwardly avoids enfranchising tourists and children, and thus improves upon its two prominent rivals. The paper ends by considering and rejecting two objections to my new principle. (shrink)

There are two classic principles for deciding who should have a right to vote on the laws, the All Affected Principle and the All Subjected Principle. This article is devoted, firstly, to providing a sympathetic reconstruction of the All Subjected Principle, identifying the most credible account of what it is to be subject to the law. Secondly, it shows that that best account still suffers some serious difficulties, which might best be resolved by treating the All Subjected (...) Principle as a subset of the All Affected Principle with which the All Subjected Principle must in any case be supplemented. (shrink)

This essay considers the role of the ‘all affected interests’ principle in democratic theory, focusing on debates concerning its form, substance and relationship to the resolution of the democratic boundary problem. It begins by defending an ‘all actually affected’ formulation of the principle against Goodin’s ‘incoherence argument’ critique of this formulation, before addressing issues concerning how to specify the choice set appropriate to the principle. Turning to the substance of the principle, the argument rejects Nozick’s dismissal of (...) its intuitive appeal and considers the two arguments advanced in favour of the principle as a criterion of democratic inclusion: the interlinked interests argument and the tracking power argument. It is shown that neither of these arguments can substantiate a view of the principle as a criterion of democratic inclusion, although both ground a constitutional understanding of the principle as specifying the scope of a duty of justification. It is then proposed that the principle can play an important role in a two-stage resolution of the democratic boundary problem in which it addresses the question of who is entitled to inclusion in the ‘pre-political’ demos that determines whether to constitute a polity. The second stage of this resolution requires an answer to the question of who should constitute the ‘political demos’, that is, the demos of a constituted polity and it is argued that a version of the ‘‘all subjected persons’’ principle can appropriately play this role.Keywords: all affected interests; all subjected persons; democracy; boundary problem; demos problem. (shrink)

This article brings to bear findings from the debate on the boundary problem in democratic theory on discussions of workplace democracy to argue that workplace democrats’ focus on workers is unjustified and that more constituencies will have to be included in any prospective scheme of workplace democracy. It thereby provides a valuable and underdiscussed perspective on workplace democracy that goes beyond the debate’s usual focus on the clarification and justification of workplace democrats’ core claim. It also goes beyond (...) approaches like stakeholder theory in law and economics that determine decision-making rights without taking into account genuinely democratic considerations. My discussion proceeds by considering three principles for inclusion from democratic theory for the specific case of the corporation. I submit that two of them, the all-coerced and the all-subjected principle, are not appropriate for this specific case, because they cannot capture the distinguishing features of the corporation. The all-affected principle however is appropriate but has a very wide range. I further argue that this is not as big of a problem as it first might seem and that this principle is still the most appropriate for defining the demos of the democratic corporation. The article closes by pointing out the consequences of this result for the workplace democracy debate and for the legitimacy of the market as a coordination mechanism. (shrink)

This article shows that the democratic borders argument is defensible, albeit not in the way Arash Abizadeh proposes. The democratic borders argument depends on the All-Subjected Principle, according to which the exercise of political power is justified only insofar as everyone who is subjected to that power is guaranteed a right to vote. According to the so-called “scope objection,” the scope of the All-Subjected Principle is too broad, however, and therefore, the argument can be refuted (...) by reductio ad absurdum. Here I argue that Abizadeh’s appeal to the narrow-scope interpretation of jurisdictionally circumscribed legal requirements is not a plausible way of defusing this reductio. Instead, I show that the democratic borders argument is successful if the All-Subjected Principle consists of two individually sufficient conditions corresponding to narrow-scope and qualified wide-scope interpretations. (shrink)

Most refugees residing in the European Union (EU) do not retain their voting rights in states of origin or lack the means to exercise them effectively. Most member states of the EU do not extend voting rights to refugees. This leaves a large population of refugees residing within the borders of the EU in a unique state of disenfranchisement. In this article, I consider this problem from a democratic perspective. Should refugees in the EU have (...) voting rights? My answer turns on three aspects characterizing the circumstances of refugees: First, refugees reside in member states for an indeterminate, and typically protracted, amount of time without any exit options. Second, the political governance of the EU and its member states significantly shapes the lives of refugees. And third, refugees lack effective voting rights, and consequently, a meaningful political membership, in any political community across the world. In turn, based on an all-subjected principle of democratic inclusion, I argue that refugees should be secured state-level voting rights in member states, albeit with a condition of the period of residency. Moreover, they should have immediate voting rights at the supranational institutions of the EU such as the European Parliament. (shrink)

This paper critiques the All-Subjected Principle. The All-Subjected Principle is one of the most prominent answers to the Boundary Problem, which consists in determining who should be entitled to participate in which democratic decision. The All-Subjected Principle comes in many versions, but the general idea is that all people who are subjected in a relevant sense with regard to a democratic decision should be entitled to participate in that decision. One respect in which (...) versions of the All-Subjected Principle differ concerns how to best understand ‘subjectedness’. One view spells out ‘subjectedness’ in terms of legal bindingness. Another view understands ‘subjectedness’ in terms of coercion. I argue that the All-Subjected Principle is extensionally inadequate on both views in that it yields verdicts that are at odds with our considered judgements about certain cases. These cases involve legal norms of referral or international administrative assistance. (shrink)

Cultural-nationalist and democratic theory both seek to legitimize political power via collective self-rule: their principle of legitimacy refers right back to the very persons over whom political power is exercised. But such self-referential theories are incapable of jointly solving the distinct problems of legitimacy and boundaries, which they necessarily combine, once it is assumed that the self-ruling collectivity must be a pre-political, in-principle bounded, ground of legitimacy. Cultural nationalism claims that political power is legitimate insofar as it expresses the (...) nation’s pre-political culture, but it cannot fix cultural-national boundaries pre-politically. Hence the collapse into ethnic nationalism. Traditional democratic theory claims that political power is legitimized pre-politically, but cannot itself legitimize the boundaries of the people. Hence the collapse into cultural nationalism. Only once we recognize that the demos is in principle unbounded, and abandon the quest for a pre-political ground of legitimacy, can democratic theory fully avoid this collapse of demos into nation into ethnos. But such a theory departs radically from traditional theory. (shrink)

According to neo-republicans, democracy is morally justified because it is among the prerequisites for freedom as non-domination. The claim that democracy secures freedom as non-domination needs to explain why democratic procedures contribute to non-domination and for whom democracy secures non-domination. This requires an account of why domination is countered by democratic procedures and an account of to whom domination is countered by access to democratic procedures. Neo-republican theory of democracy is based on a detailed discussion (...) of the former but a scant discussion of the latter. We address this lacuna by interpreting the two most influential principles of inclusion, the all-subjected principle and the all-affected principle, in light of neo-republican commitments. The preliminary conclusion is that both principles are able to capture relations of domination between the democratic state and the people controlled by it in the relevant sense. Yet, the state has virtually unlimited powers to control residents, but only limited powers to interfere in the lives of non-residents. Republican aspirations are therefore more in tune with the all-subjected principle according to which only residents in the territory of the state should be granted rights to political participation. (shrink)

In response to the democratic boundary problem, two principles have been seen as competitors: the all-affected interests principle and the all-subjected principle. This article claims that these principles are in fact compatible, being justified vis-à-vis different functions, accommodating different values and drawing on different sources of normativity. I call this a ‘function-sensitive’ view. More specifically, I argue that the boundary problem draws attention to the decision functions of democracy and that two values are indispensable when theorizing (...) how to regulate these functions: procedural fairness and political autonomy. While the value of procedural fairness is best promoted through a version of the all-affected interests principle, applied to decision making generally, it is argued that political autonomy is best promoted through a version of the all-subjected principle, applied to coercive decision making specifically. The article concludes by drawing out some practical implications of the function-sensitive view for the case of immigration and border controls. (shrink)

In Europe and other regions of the world public debate concerning how many immigrants should be admitted, which rights those admitted should have, and which conditions can be required for access to citizenship is intense and enduring, and these have increasingly become central electoral issues. On the one hand, the harsh treatment of migrants is often a matter of public criticism; on the other hand, states are concerned about problems of welfare, security and social unrest that they have come (...) to associate with large-scale migration. At its most fundamental level, this debate concerns the question of how best to balance particularist principles of democratic self-determination and state sovereignty and universalist principles of individual freedom and human rights. The articles in this special issue examine whether the concept of domination can cast a distinctive light on the normative issues arising in this tension between state sovereignty and universal principles with respect to migration and the position of non-citizens in contemporary liberal democratic states. These issues arise both externally insofar as foreigners are subject to migration controls, and internally insofar as migrants live in states of which they are not full members. The issue thus examines the potential of domination as a concept to bring to bear on issues of migration controls, differential residence statuses and access to membership. (shrink)

The democratic boundary problem raises the question of who has democratic participation rights in a given polity and why. One possible solution to this problem is the all-affected principle, according to which a polity ought to enfranchise all persons whose interests are affected by the polity’s decisions in a morally significant way. While AAP offers a plausible principle of democratic enfranchisement, its supporters have so far not paid sufficient attention to economic participation rights. I (...) argue that if one commits oneself to AAP, one must also commit oneself to the view that political participation rights are not necessarily the only, and not necessarily the best, way to protect morally weighty interests. I also argue that economic participation rights raise important worries about democratic accountability, which is why their exercise must be constrained by a number of moral duties. (shrink)

This article addresses two central topics in normative debates on transnational citizenship: the inclusion of resident non-citizens and of non-resident citizens within the demos. Through a critical review of the social membership (Carens, Rubio-Marin) and stakeholder (Baubock) principles, it identifies two problems within these debates. The first is the antinomy of incorporation, namely, the point that there are compelling arguments both for the mandatory naturalization of permanent residents and for making naturalization a voluntary process. The second is the arbitrary demos (...) problem and concerns who determines whether expatriate voting rights are granted (and on what terms). The argument developed provides a way of dissolving the first problem (and defending the proposed solution against possible objections) and resolving the second problem. In doing so it provides a defensible normative basis for the political theory of transnational citizenship. (shrink)

This paper intersects the literature on the democratic boundary problem with the literature on the constructivist turn in political representation to show that the boundary problem broadly construed involves a distinction between ‘the problem of inclusion’ (into pre-existing demoi and their decision-making procedures) and ‘the problem of constituting the demos’ (which involves criteria for partaking in constituent power). This distinction is consistently neglected by democratic theorists. However, it has serious implications for representative democracies because the standard (...) answers to the boundary problem – the all-affected-interests principle, the all-subjected principle, and the substantive-demos principle – do not apply to the problem of constituting the demos. A new principle aimed at the latter problem is here proposed: the constructivist-representative principle. In the end, it should be clear that ascertaining who should be entitled to participate in which democratic decision requires the adoption of different principles depending on the specific demos in question and on the type of decision-making procedure involved (e.g., constitution-making-or-changing, lawmaking, policymaking, etc.). (shrink)

This is a collection of four papers about the All-Affected Principle (AAP): the view that every person whose morally weighty interests are affected by a democratic decision has the right to participate in that decision. -/- The first paper (“Narrow Possibilism about Democratic Enfranchisement”) examines how we should distribute democratic participation rights: a plausible version of AAP must avoid treating unlike cases alike, which would be procedurally unfair. The solution is to distribute participation rights proportionately (...) to the risk that a person’s interests will be affected. AAP thus implies an account of political equality that requires adherence to the ‘one person—one vote’ model only if interests are indeed equally affected. -/- The second paper (“Economic Participation Rights and the AAP”) argues that AAP supporters have paid insufficient attention to economic participation rights. The exercise of such rights raises unique worries about democratic accountability, which is why their exercise is constrained by a number of duties. -/- The third paper (“What AAP Is, and How (Not) to Fight It”) explores how AAP fares in light of possible objections from desirability and feasibility. Unlike crude versions of AAP, a plausibly restricted version of AAP cannot be dismissed as easily as many AAP sceptics may have thought. My reflections here are useful for AAP supporters and sceptics alike: this paper helps clarify what kind of objection can cast serious doubt on AAP. -/- The fourth paper (“Criminal Disenfranchisement, Political Wrongdoing, and Affected Interests”) asks: is AAP compatible with criminal disenfranchisement? AAP, when endorsed in combination with a plausible theory of punishment, is compatible with disenfranchising a narrow set of criminal wrongdoers only: those guilty of ‘political wrongdoing’, which is wrong primarily because it undermines democratic procedures and institutions for private gain. The upshot is that current blanket policies of criminal disenfranchisement are incompatible with AAP. (shrink)

Regardless of unpredictable and contingent geopolitical events such as last year’s surprising rejection of the European Constitution in France and the Netherlands, this coming year will certainly witness a large surge in patriotism. The Winter Olympics in February, and the World Cup in the summer, both promise to whip national sentiments into a fever pitch. One other thing is certain, though: journals of philosophy and ethics will continue to debate the virtues of cosmopolitanism, as this number of Ethical Perspectives does (...) through its contributions below.Why is this? Why do philosophers and academics hold on to this idea of cosmopolitanism, an idea utterly lacking in the convictions of the general public? Is it perhaps because the first cosmopolitans were in fact philosophers? The first to identify himself as a cosmopolitan was Diogenes the Cynic, and Plato’s dialogues paint many of the Sophists in cosmopolitan hues. Although people generally support the idea of internationalism as far as it promotes trade, travel, and football tournaments, once it begins to meddle in internal affairs, as it does with outsourcing and transnational constitutions, they tend to fall back upon the patria. They killed Socrates for corrupting the youth of Athens, not the youth of the world.Whether it is the service and manufacturing industries of Asia and India ‘stealing’ American jobs, or widespread fears of Brussels’ legendary bureaucrats, the non-academic public consistently turns from its tepid embrace of cosmopolitanism to patriotism whenever threatened. Are we too quick to label this as self-interest or even selfishness? Or is there something else at work in the debate between cosmopolitanism and patriotism? Some approaches to cosmopolitanism are certainly guilty of an absolute removal of difference, of wishing away the nation state, of replacing it with an international body based on purely universal principles, and of wiping away the competencies of nations on many levels. The call for the world state can come across as an appeal for an anodyne and internationalist homogeneity based on a clinical morality that, for all its sensitivity, runs roughshod over the well-engrained cultural, legal, and social beliefs of many peoples.Clearly, this is what many Europeans fear, and to a large degree, Americans as well in their dislike for the International Court of Justice. Even the economic hegemony of outsourcing removes national power, and replaces it with pure economic rationality.Our contributors below do not advocate these reductions, although some may point to them. Key to each contribution below is sensitivity to the world as it is, to its need for difference even in the face of an ever-increasing globalisation that sometimes is connected with cosmopolitanism. Yet, every proponent of cosmopolitanism must sketch how it is possible in practice. Of course, an obvious problem is how to dwell consequently as a cosmopolitan. Not many contemporary cosmopolitans would be prepared to follow Diogenes’ commitment to rootlessness: living in exile after having been included in a forgery conviction aimed at his father, the ascetic Diogenes called a barrel his home. Such was his drive to live a levelled life that he cast away his only bowl upon seeing a poor peasant boy drinking from cupped hands. Today’s cosmopolitan leads a much more prosaic life, and hence the problem with cosmopolitanism begins as something mundane. Does not a cosmopolitan still pay national taxes? Does not a cosmopolitan still need a national passport and second country visas? But, the questions quickly turn ontological: how can one shed oneself of one’s nationality, of one’s belonging, as if it is just an accident of one’s own constitution, instead of as an important property of one’s own constitution? In other words, belonging is important: a citizen of the world still values citizenship. Clearly, the absolute cosmopolitan reduction is an absurdity: one is always rooted, in some sense. Even cosmopolitanism is rooted in a specific Western mindset, and is no self-evident preference of human existence.As Rudi Visker’s contribution so clearly shows through an investigation of the narcissism of minor differences, these questions revolve around the question of confrontation with alterity. What I am, in no small way plays off what I am not. I cannot be everything, if I am something. Freud’s analysis of minor differences reveals that members of a group identify with that group on the basis these minor differences. What is self-evident to a particular culture marks that culture off from another culture, a culture that by definition does not share the same set of the self-evident. To be a foreigner, as any ex-patriot can attest, is to stand outside of the self-evident, whether this means interpreting gestures, understanding commercial practices, or, as Freud would have it, staying on the correct side of national taboos. There is thus a dialectic of inner and outer, a dialectic which refuses a reduction of one to the other. As Visker puts it, recognising the stranger within oneself is quite different than recognising the stranger outside of oneself, and to confuse these as being the same is not only to misunderstand the very issue at stake, it is also a dangerous trivialisation of difference.But clearly, there is something viable and laudable in the idea of cosmopolitanism, since it stresses the universal moral community of humanity. Cosmopolitanism is an attempt to see all human subjects as subject to the same moral law. Indeed, the sort of federation to which cosmopolitanism leads, at least in a modified Kantian expression as Bert van Roermund tells us, even gives us good grounds to recognise the legitimacy and moral equivalence of states. Importantly, the international legal order does not draw its power from any supranational force, but from the choice of independent national actors to recognise it. Hence, this cosmopolitan order depends on nationhood, and good standing within this order depends on the degree to which a country decides to participate. Again, the universal here depends on well-rooted particularity, a particularity able to choose for the universal.What do we do, then, with outlaw nations, those nations that are hostile to the choice for the universal? Through a clear reading of Hegel, Paul Cobben proposes that the metric for a state’s legality is the measure to which it permits the moral freedom of its citizens to bloom. A free person requires a free legal order; only in such can a person obtain the full measure of human rights due. States that do not permit this blooming are illegitimate; they contradict the nature of the human person, and citizens dwelling under the yoke of these have the right to ask for outside assistance in removing this illegitimate power above them. However, for this plea to be met, two conditions must obtain: the oppressed people must have the wherewithal to form a political order after the removal of the illegitimate state, and the action must be grounded in the principles and support of a legal community, which in essence would be a world federation of states. In fact, it is morally incumbent upon all legal states to aim at such a world federation, upon pain of contradiction.Our duty to others does not end with the politically oppressed; the economically oppressed also lay a moral claim upon us. So, as Toon Vandevelde asks in his contribution, what about the global poor? The poor are hungry and in need of shelter and a future, but to address these issues at the level of rights is in a way heartless: what good does it do to legislate that everyone has the right to food, when this right can never be called upon, or enforced, in any meaningful sense? Moreover, approaches that demand non-prioritised generosity not only ignore the fundamental economic fact of scarcity, they also run the risk of creating the moral hazard of dependence on charity. The true cosmopolitan approach is the recognition of our common humanity and of our concomitant duty to help others as far as this help does not endanger us. This duty is compounded by the marginalisation of the poor through globalisation, a globalisation that they did not ask for. The extent of our help is indeterminate, but its direction is clear: it must aim to integrate those poor who wish it within our international systems, and so to ease their own transitions from poverty.Both Gil Anidjar and Maria Bonnafous-Boucher continue this theme of economy, but each from a highly specific viewpoint. Indeed, their contributions are perhaps somewhat darker, delving into an aspect of the unspoken underneath the choice for the universal. Anidjar begins with the relation between religion and economy within the interplay of Judaism and Christianity, whereas Bonnafous-Boucher focuses on the development of political economy through a Foucaultian lens. Although highly distinct contributions, both share the insight that the economy is now the central theme of our power structures, and that economy, isolated from questions of morality or justice, must likewise play a decisive role within the structure of cosmopolitanism, or, at minimum, the political unity of peoples. For, national government long ago ceded to a promiscuous mix of governance, and religion to economy. This nexus enthrones governance as an economic rationale stripped of all other trappings, and inscribes any possible cosmopolitanism within a framework of an aggressive capitalism, a kind of economic theology, a kind of hegemony in which state boundaries are essentially liquefied. Capital, after all, knows no boundaries. (shrink)

Political theorists have long criticized policies that deny voting rights to convicted felons. However, some have recently turned to democratic theory to defend this practice, arguing that democratic self-determination justifies, or even requires, disenfranchising felons. I review these new arguments, acknowledge their force against existing criticism, and then offer a new critique of disenfranchisement that engages them on their own terms. Using democratic theory’s “all-subjected principle,” I argue that liberal democracies undermine their own legitimacy (...) when they deny the vote to felons and prisoners. I then show how this argument overcomes obstacles that cause problems for other critiques of disenfranchisement. (shrink)

The trend to centralization of the Mizrahi narrative has become an integral part of the nationalistic, ethnic, religious, and ideological-political dimensions of the emerging, complex Israeli identity. This trend includes several forms of opposition: strong opposition to "melting pot" policies and their ideological leaders; opposition to the view that ethnicity is a dimension of the tension and schisms that threaten Israeli society; and, direct repulsion of attempts to silence and to dismiss Mizrahim and so marginalize them hegemonically. The Mizrahi (...) class='Hi'>Democratic Rainbow [The Keshet], the most prominent proponent and representative of this trend, was established in the 1990s with the intention of being a leading civic and political body in Israeli society. While it was the Mizrahi worldview that led to selection of the organization's name and aims, their vision was to be involved in social struggle on behalf of other groups in Israeli society. Since it was established, The Keshet has aimed to function as an assertive, long-term alternative coalition exerting influence, power, and pressure on the Israeli narrative network. And, indeed, the organization has succeeded in disrupting Israeli discourse, principally, by challenging the ideological foundations of the Zionist meta-narrative. Nearing the end of the first decade of the 21st century and nearly a decade since it was established, The Keshet not only represents the most current wave of Mizrahi discourse, it has changed it to such a great degree that it is impossible to ignore its influence. Further, this alternative narrative may have significant potential to advance the internal Jewish discourse so fundamental at this time given the changing Israeli situation and regional conditions. And, while it is possible to view The Keshet and this new narrative as a continuation of the Mizrahi struggle, as a narrative The Keshet's agenda represents a post-colonial perspective and multi-cultural alternative to Zionism as a social vehicle. Amidst all of this, The Keshet continues to offer concrete proposals to change the Jewish character of the state as well as its internal and external relations. One of the primary goals of this study was to examine the rise of the Mizrahi narrative over the last two decades and the new Mizrahi discourse in Israeli society. More specifically, the study sought to attain an in-depth understanding of the central narrative created and represented by The Keshet. An additional goal was to investigate the influence of The Keshet's activity and the narrative it constructed in regard to other narratives. In particular, the study focused on The Keshet's opposition to the central Zionist narrative that infuses civic, political, and academic frameworks in Israel. Accordingly, the primary research questions investigated in the study sought to determine: What has been the influence of the Mizrahi Democratic Rainbow on the Mizrahi narrative in Israel? And, what are implications of such influence for the central Zionist narrative? Methodologically, the study was based on narrative and comparative analyses of texts from different periods of the older and newer Mizrahi narratives. The corpus included two types of texts: First, academic texts and opinion pieces, both philosophical and programmatic in nature, published in magazines, journals, books, as well as position papers; second, all of the texts published by prominent and influential figures who charted the path of The Keshet or led it organizationally and/or intellectually over the last twenty years (e. g., Yehudah Shenhav, Yossi Yona, Moshe Krief among others). All texts were examined by means of philosophical, historical and critical hermeneutic tools. This analysis revealed different levels of Mizrahi and civic discourse in Israel as well as among The Keshet's founders and leading ideologues. The study was based on a three stage process model, developed for purposes of this study, for investigation and analysis of the new Mizrahi narrative as well as other oppositional narratives, in particular opposition to the hegemonic meta-narrative. The stages are: issuing the challenge, dissolution and, liberation; that is, liberation is the measure of the ultimate success of the struggle for narrative change. Such change is not based on success in the field, but rather on a radical, fundamental reversal of thought, discourse patterns, stylistic structures, as well as forms of questioning - in this case of taken-for-granted racist mechanisms. However, the principal change is in achieving a deep, inner de-legitimization of the signifiers, categories, and reproductions of all manner of mockery that are based on immoral colonialist processes that are reinforced by regimes of fear and intimidation whose self-destruction began upon their very creation. This three stage model charts the course of the oppositional Mizrahi narrative from: accounting for the past (passing judgment on the so-called historic colonialist Zionism) to writing a new (pure Mizrahi) history and creation of a Mizrahi-Arab identity separate from the Ashkenazic, identified as Zionist. Contemporary post-colonialist discourse is integral in these stages. Such a perspective has been transformed by transitions from - binarism to hybridity, Orientalism to Occidentalism, the politics of "liberation" to "constructive" politics, from the history of consciousness to the history of change, as well as from nationalist to post-nationalist questions. Fundamentally, according to this approach, political and other struggles for the emerging narrative of Mizrahi (or Arab) history seek to centralize it in society and weave it amidst the models of multiculturalism. Undertaken in parallel, the central characteristics of all these stages are borrowed from countries in which the need for national reconciliation led to renunciation of apartheid and racist policies and historical judgment of the hegemony supported by racist leaders. In addition, these three moves were undertaken in Keshet and its ideologues by means of substantive symbolic violence directed at the hegemonic Ashkenazic discourse, which included creation of hatred of it, use of stereotypes the opposite of oppressive discourse, and adoption of an arrogant point of view toward it. This stands in stark contrast to the claims of the self-proclaimed new Mizrahi stance of a discourse established on purely ethical grounds that sought to cleanse itself of these very same oppressive elements. The model developed for and demonstrated in this study allows for analysis of oppositional narratives in which the libratory stage evolves into a form of entrapment, as appears to be occurring to the new Mizrahi discourse. This conclusion is based on the observations shared by many Keshet proponents including leading intellectuals who worked on the manifestos that were the subject of criticism from the Zionist camp. The study identified and defined the following six interwoven strata, which for purposes of explication are each discussed in a separate chapter: The first chapter presents a general theoretical discussion of the issue of the narrative and the inter-narrative struggle that has become central and applicable in various ways in the latest generation (e. g., anthropologically, hermeneutically, and philosophically). The analysis surveys different discussions in the inter-narrative struggle and locates them in the contexts, relations, and meanings derived from, representing, and indeed reproducing the narrative of national identity. The second chapter includes a historical survey of the older Mizrahi struggle that existed prior to the ascendance of the new Mizrahi narrative. Initially, Mizrahi discourse focused on expressing the ethnic protest that grew in years to follow. These feelings of discrimination and social distancing of the immigrants from Islamic countries gave birth to expressions of protest, the most prominent of which were Wadi Salib and the Black Panther Movement's various activities. The research literature contains many explanations for the exacerbation of the ethnic problem and creation of a situation that could not be ignored. The consensus academic view reached at the end of the 1970s identified a number of primary factors for this situation: the existence and extensive numbers of different ethnic groups; the relative or absolute segregation of frameworks within which members of these ethnic groups lived and acted; and the significant overlap between socio-economic status and feelings of discrimination retained by members of the Mizrahi group due years of neglect by the Ashkenazic establishment, the strengthening of Mizrahi social, cultural, and political power, as well as the emergence of a Mizrahi elite that identified with Mizrahi problems. The severe consequences of feelings of discrimination were expressed in a long series of events, such as: rioting by residents of the Rehovot Sharayim neighborhood in 1956; events of Wadi Salib in Haifa in 1959; and a chain of activities involving the Black Panthers in the 1970s. Protest was also an aspect of the "tent movement" in the 1970s and 1980s. Political activities were advanced by the Tami Movement that competed in the election for the 10th Knesset in 1981 and the Shas Movement that has continued to garner political power since being found in 1984. The 1980s and 1990s were characterized as the era of radical consciousness of Mizrahi discourse as well as by the rise to power, in consecutive order, of the political parties – Tami, Shas, and the Mizrahim HaHadashim [the New Mizrahi]. The latter party laid the foundations of the new radical Mizrahi discourse from which emerged such cultural activities as: Iton Aher [A Different Newspaper]; Bimat Kivon Aher [Another Direction Forum]; Efir'yon journal; the Halah Organization for Education in Neighborhoods, Development Towns, and Villages; Kedma; the newspaper – Patish [Hammer]; and, eventually the establishment of Keshet. The third chapter presents an examination of the materialization of the inter-narrative struggle in the case of Israel, with a specific focus on The Keshet and the new Mizrahi narrative advanced by it and intellectuals. The Keshet ideology is examined in the context of its grounding in post-colonial thought, especially that of Edward Said; the directions proposed by Ella Shohat and her followers; the central thinkers of the narrative in Israel in the last decade; and the harsh critique leveled at the Ashkenazic-Zionist narrative. The practical steps proposed for implementation within the multicultural model are also examined. Here the effort to reduce the centrality of Zionism while revealing its oppressive mechanisms was undertaken in parallel with use of these mechanisms in order to create a Mizrahi space with broad margins inclusive of alternative forms of Israeli identity in the Middle East and in conjunction with Arabs within and beyond Israel. Mizrahi traditionalism is examined in the fourth chapter in two particular respects. First, the criticism of the new Mizrahi narrative leveled by the renewed view and, second, the implications of the alternative in terms of creating a Mizrahi space that does not oppose Zionism. Rather, in opposing the post-colonialist perspective, this renewed traditionalist perspective criticizes as well as values Zionism. This space seeks to be both Jewish and Mizrahi. It does not detach itself from nationalist Zionism but rather views itself as a continuation of this tradition and, accordingly, is an effort to develop a next stage in its development. For example, an essential dimension of the traditionalist perspective, "commitment," is considered in this stage to be a fertile basis for dialogue with the past and as an anchor for contemporary interpretation of Mizrahi and other Jews' identities in Israel. The fifth and sixth chapters deal with all of the vectors of criticism directed at the new Mizrahi narrative, including its ideological foundations, philosophical stance, as well as intellectual and practical basis in the Israeli sphere in the face of Palestinian nationalism. These vectors of criticism from within and beyond The Keshet deal with issues, such as, the meaning of the movement's activities and the narrative that it offers regarding questions of Israeli identity, Israeli collective memory, and Mizrahi self-perception. At the same time, it must confront the capitalist neo-liberal narrative in a global world and thrive in a context in which it must make itself manifest amidst oppositional narratives. The final chapter presents a comprehensive, critical analysis of the new Mizrahi narrative. It does so by means of a theoretical model that examines it as an oppositional narrative – one that seeks to challenge the hegemonic meta-narrative, to dissolve the boundaries of the narrative discourse, and to propose liberation and redemption that may led to entrapment amidst a changing, a-dichotomous realities (e. g., global economic development in the face of Zionist nationalisms that display ideological strength as well as development of the sense of being an Israeli that maintains its vitality and continuity while being constituted by sectors that challenge being a Mizrahi, such as co-ethnic subjects. The Keshet's influence is dramatic and extends in a number of central directions. Its political activity and non-entry into the domains of the Israeli parliament granted the movement significant power in civic discourse and contributed to changing the persona of the Mizrahi discourse; for example, from political-party struggles over budgets and obtaining shares of the regime to changing the face of Israeli society and the centrality of the Mizrahi narrative. This change included deconstructing the Ashkenazic narrative and constructing comprehensive Ashkenazic-Zionist guilt, as evident in the Ehud Barak's request for collective forgiveness. This was accomplished through the participation of leading members of Keshet who appeared in prominent intellectual forums and engaged in lively discourse - principally in academic, social, and media domains. Such participation gave new meaning to various aspects of Israeli society while establishing different models of multiculturalism. The rise of the new Mizrahi narrative is a significant marker in the inter-narrative struggle as it represents a desire for separate or hybrid identities. And, the deep probing of the narrative constructed by leaders of The Keshet and those who identify with the movement produced a number of clear ways to distinguish it from the old Mizrahi struggle, whose history was portrayed through social protests, in a manner similar to linear vectors marked with wars and elections. The old Mizrahi struggle selected the traditional tactical struggle identified usually with social and political movements that seek to change political, social, and economic reality - from the bottom up. Their primary demand was to change decisions as well as the division of social goods and resources. Hence, this older period of struggle was not aimed at opposing the ideological foundations of the hegemonic narrative nor did it seek to undermine in a radical manner the unique nature of the state of Israel as a revolutionary solution for the problems of the Jews according to the Zionist approach, as a national home for the Jewish people, and recognition of the right to an preferred and meta-definition of Jewish nationalism. In contrast, the top down struggle advanced by the new narrative is part of an ideological movement led by the educated that is assertive and ground in post-colonialist theory. Accordingly, it was critical of the techniques and mechanisms of oppression as well as sought to attack the Zionist ideological foundations and to reveal its racist operations and the regimes that have preserved it so efficiently for many years. The uniqueness of this narrative is the intellectual offensive that continues to be advanced and, in parallel, development of the discourse struggle in Israel concerning the justification for Zionism and the concrete political proposal that Jews reject the taken-for-granted status of it as an ideology. This new narrative recognizes the historic difficulties of subversion as an emancipatory and, principally, moral effort. In addition, the new Mizrahi narrative shares the foundations and narrative of Palestinian victimization. In its radical version, the new Mizrahi narrative seeks to connect to the Palestinian narrative in order to create a new space here. According to this version, this action will take place gradually. The first stage will be characterized by opposition to Western European, Ashkenazic Zionism. The Eurocentric Zionism will surrender in the second stage, to be followed in the last stage by creation of a coalition of Jews and Arabs that will be establish through concrete actualization of the refugee status and victimization that is shared by both Palestinians and Mizrahim (whether as Mizrahim or Jewish-Arab). Not a speculative academic exercise, the goal sought by this narrative is delineate and to achieve a multicultural model in which equality, liberty, and social justice will overcome the nationalism and colonialism of either side; that is it will be neither Zionist nor Jewish. Thus, this approach stresses what is shared (e.g., acceptance of the Arab space and not a rejection of it; the legitimacy of the Arab language and culture). This is part of detachment from and historic judgment of the colonialist Zionist enterprise. This possibility includes moral elements that remove the evil and harm caused by Zionism for many years as well as inner cleansing – primarily among Ashkenazim – of attitudes towards Jews and non-Jews. Though, in this regard, it should be noted that, to date, the new narrative has not made similar claims that Palestinians undergo a similar process. The assumption seems to be that this should be tested, that the coalition proposed is a possibility that will be recognized by the Palestinians, and that they are prepared to undergo a similar, shared moral process that involves negating the state of Israel as a Jewish, Western state, a state of the Jewish people, and not only for those who live within it. These Mizrahi thinkers conducted a significant move through deconstruction and substitution of the Eurocentric narrative with a multi-cultural proposal that is optimistic and even attractively naïve. Today, they acknowledge that they did not take into account Palestinian nationalist violence directed to citizens, the traditionalist alternative, and widespread opposition within the Mizrahi community toward what is perceived to be Mizrahi seclusion. They also did not take into account the harsh criticism rendered by young and educated Mizrahim who claim that they were born into a complex, multi-dimensional, multi-layered identity that includes internalization of the language of the West and rules of the game of this complex identity. And, though they are critical of some of its values, this makes it difficult to mount internal emotional opposition to the West and to the globalization contained within this world. Hence, this more familiar world is preferred over the values of the Mizrahi-Arab alternative, particularly in regard to problems in the domains of democratic citizenship, stance taken toward women, and freedom of speech. Further, educated Mizrachim reject the post-colonialist perspective and are stridently critical of its dichotomization. They claim that such a division is irrelevant in a world in which older ideologies have collapsed and new spheres – such as cyberspace and others – are open to them in which they can present themselves with an Israeli identity that is not categorized as necessarily Mizrahi. (shrink)

The question of who should be included in democratic decision-making is known as the boundary problem in democratic theory. I identify two requirements that a satisfactory solution to the boundary problem must satisfy, i.e. the Considered Judgment Requirement and the Value Requirement. I argue that the two most prominent solutions to the boundary problem—the all-affected principle and the all-subjected principle—fail to satisfy these requirements. Instead, I propose an equal relations principle and show that it (...) satisfies the requirements. It turns out that relatedness, and not affectedness or subjectedness, is what fundamentally explains who should be included. (shrink)

According to the democratic borders argument, the democratic legitimacy of a state's regime of border control requires granting foreigners a right to participate in the procedures determining it. This argument appeals to the All-Subjected Principle, which implies that democratic legitimacy requires that all those subject to political power have a right to participate in determining the laws governing its exercise. The scope objection claims that this argument presupposes an implausible account of subjection and hence of the (...) All-Subjected Principle, which absurdly implies that all domestic laws subject foreigners to their requirements. I argue that this objection misconstrues the logical structure of the legal requirements enshrined in domestic laws: domestic laws typically enshrine narrow-scope, not wide-scope, legal requirements. To be sure, some state laws do subject foreigners to their requirements, and the All-Subjected Principle conditions democratic legitimacy on granting foreigners some say in determining them. But the best reading of the Principle does not have such general expansionary implications. (shrink)

The law commonly conceived as a norm : deficiency of this conception -- On some general hints of this deficiency, and in particular those evinced by the likely origin of the current definitions of law -- The need to distinguish the distinct legal norms from the legal order considered as a whole. The logical impossibility of defining the legal order as a set of norms -- How the unity of a legal order has been sometimes intuited -- How a legal (...) order is not only a set of norms, as it also encompasses other elements -- How such ements are implicitly postulated by the common inquiry into the distinguishing characteristics of law -- Assessment, from this point of view, of the so-called objectivity of law -- The element of sanction -- The expression "the legal order" -- The essential elements of the concept of law. The law as an institution and the law as a precept -- The preceding doctrine on the concept of institution -- My concept of institution and its fundamental characteristics : 1. The objective existence of the institution; 2. Institution and social body; 3. The institution's selfness; 4. The unity of the institution -- Equivalence of the concept of institution and the concept of a legal order -- Evidence for this equivalence based on the doctrine that the law is only "form" -- Mention of some problems that need solving in the light of this equivalence -- Cases in which the original establishment of a law does not depend on norms, but on the emergence of an institution, and the impossibility of reducing the institution to the norms -- The concept of institution and the international legal order -- The institution and the legal relationship: relationships between more persons -- Relationships between persons and things : examples of some of these relationships that, considered more broadly, cab be portrayed as institutions -- The institution and the legal person -- My conception of the law with respect to certain problems relating to : 1. The legal character of state power; 2. The extension of the state personality; 3. The legal relevance of its territory and citizenry -- Critical assessment of some opinions that attach importance to the legal order only insofar as it reflect relationships between persons. Applications to: 1. The legal sanction; 2. The state territory and citizenship; 3. The state bodies; 4. The limits of the legislative function -- Some consequences of my conception with regard to the subjective aspect of the law: the legal relationship; the status of persons; rights in rem; the correlation between rights and obligations; the equal position of subjects -- Recapitulatory remarks -- The plurality of legal orders and the doctrine that reduces all law to state law -- The untenability of this doctrine from a historical and theoretical point of view -- Its untenability with respect to the existing law -- Non-state legal orders; international law -- Ecclesiastical law -- The order of entities that are considered unlawful or are ignored by the state -- Entities that are regulated by the state, but also have an order of their own which is not recognized by the state (private disciplinary orders; the internal organisation of workplaces; so-called unrecognized associations or institutions, etc.) -- Doctrines that confine the concept of a legal order to the order of communities in general and specifically to necessary communities -- The relations between different legal orders. Principles that have to be taken into account with respect to : 1. Original or derivative institutions; 2. The particular or general ends of institutions; 3. Their diverse basis; 4. Simple or complex institutions; 5. Perfect or imperfect; 6. With or without personality; 7. Independent, coordinated or subordinated -- The concept of relevance of one order to another -- The title for this relevance: a. The relation of superiority and correlative dependence between two orders; b. The relation whereby an order presupposes another; c. The relation whereby reciprocally independent orders depend a further one; d. The relevance unilaterally attributed by an order to another on which it depends; e. The relation of succession between orders -- Diverse aspects (existence, content, effectiveness) expressing the relevance an order to another one. Cases in which the existence of an order depends on another: a. Complete subordination of the former to the latter which directly establishes the former or assigns limited autonomy to it. Independence, as far as its existence is concerned, of an order in case of a less expansive subordination (some spheres of the order of the states of a federal state vis-à-vis the latter; the order of states vis-à-vis international law) and general principles; b. In the hypothesis of an order that represents the presupposition of another (state law vis-à-vis international law) -- The relevance of an order to another with respect to its content. Various cases: a. The superior order as the mediated or unmediated source of an inferior order; the superior order (international law, ecclesiastical concordats) which is not the source, and yet affects the content of inferior orders; b. the Superior order about effects the content of more orders subjected to, which however are independent from each other; c. the order of that itself that determines its own content by considering a subjected or independent order : private international law; ecclesiastical law as it refers to civil laws; the law of the state that refers to ecclesiastical law; d. an order that incorporates another -- The relevance of an order to one another with respect to its effects: external and internal effectiveness of an order. Various cases of external effectiveness: a. The relationships between orders where the one partially or totally depends on the other; b. Relationships between more orders that are independent from each other because of a unilateral disposition of one or each of them. Private international law; civil effectiveness of ecclesiastical law; c. Relationships meeting more orders in which one is of the presupposition of the other; d. Relationships between orders that succeed each other -- Diverse extension of the relevance of an order to another. Applications with regard to the problem of so-called natural obligations -- The irrelevance of an order to another; total or partial, reciprocal or unilateral -- A legal order that as such is irrelevant to another, but it is relevant in other respects (orders that are considered unlawful by the state; corporations, de facto institutions) -- Total developments of an order to another: possibility of such an irrelevance also with respect to the order of the state -- Critical assessment of the opposite doctrine. The limitations of the state order; various figures and consequences; examples of matters that are legally indifferent to the state (private disciplinary orders; particular religious orders; the orders of some non-patrimonial associations; etc.) -- The internal orders of the institutions, especially state ones, vis-à-vis the order of other institutions in which they are included. (shrink)

The problem of human freedom have been addressed by al-Mutakallimūn (Islamic theologians) in the context of human acts and discussed from the point of view its relation with the will and other elements. At this point, whether the human has will and power in his own act, the limits of his will and power, the role of human in the act and his responsibilities have prompted to different debates. The theory of tawlīd put forward by Mu‘tazila is very crucial (...) in terms of determining the scope and limits of the freedom of human in acts. Mu‘tazila’s tawlīd theory defenses based on two important reasons. The first is to present the nature and limits of the acts that man did them outside himself. The other is to explain the relationship of human with such acts with regards to moral responsibility. Because both issues are very important in the principle of justice of Mu‘tazila. The effort to put the cause-effect relationship of human with his acts in terms of tawhīd and justice on the rational and moral ground is the reason for emergence of the theory. In this respect, the purpose of this theory which enables establishing a causality relationship between the human act and nature is aimed at the justification of freedom and responsibility between agent (fā‘il) and act.In this study, firstly, the definition of the concept of tawlīd and its meaning area have been presented and tackled the discussions about the agent of indirect acts. And then it has been discoursed upon the criticisms of Ahl al-Sunna about the subject of tawlīd. The subject has been outlined in the context of the intellectual discussion between Ahl al-Sunna and Mu‘tazila which constitute the dominant part of theological dispute tradition. In this respect, the main purpose of the study is to reveal how the limits of indirect actions belonging to human by force of freedom and moral responsibility are drawn and understood.Although they did not have a uniform thought about the topic, Mu‘tazila theologians who accepted semi-determinism in the theory of tawlīd acknowledged the existence of natures in the substances. Those who admitted the reason as a means of the act did not approve this. By accepting the continuity of the accidents in the acts, they twisted together the voluntary acts and the natural acts, and accepted that directly acts were realized through the human will and the other according to the principle of necessity. According to Mu‘tazila, causes are only means. Hence, the act emerging as a result of the means is the act of the agent who used this means to reach the result, not the means. Therefore, man is the agent of engendered acts and responsible for all kinds of acts that arise as a reflection of the will and their consequences. While Ahl al-Sunna has directly associated the action of man and all its consequences with the power of Allah, Mu‘tazila has based these actions on the power of man, which Allah has created in man and has been the source of the acts. Contrary to Mu‘tazila, the continuance of power which are not a constant accident is not possible for a second act from the point of Ahl al-Sunna since they have accepted the idea that the accidents will not be continuous. In this respect, according to Ahl al-Sunna, there is no compulsory relationship between the agent that caused the formation of the acts and the result supervening from them. They did not accept the idea of tawlīd, which its meaning is that accident gives birth to accident, because it would oblige the relationship between cause and effect. Because this relationship, which Mu‘tazila gives the name of tawlīd in human acts, is made up for that Allah has created His laws right after the orientation of human to the cause. In this respect, Ahl al-Sunna thinkers rejected tawlīd because it would mean attributing an act to an inanimate being and require a mandatory relationship between cause and effect in the functioning of the universe. Although the result does not occur with his own act when the person applies to the cause, he is responsible for his act because it is related to the person who did it. Māturīdī tradition did not accept the acts that emerged as a result of tawlīd as the production of man, but they tried to establish a balance by holding the person responsible because he is the reason for the outcome that emerged. As for the Ash‘arites, they avoided giving a real effect of the will and power to the causes by considering that created will and power is only a locus in the emergence of the act. The person has no effect on his act except for directing his will to that act and his behavior which will make the person responsible is based on this will. (shrink)

Ludvig Beckman’s The Boundaries of Democracy offers a sophisticated account of the boundary problem, developing a version of the all-subjected principle understood to involve relations of ‘de facto authority’. I explain the central claims of the book, raise some problems, and suggest some ways in which I think the account could be fruitfully further developed.

Who should have a right to take part in which decisions in democratic decision making? This “boundary problem” is a central issue for democracy and is of both practical and theoretical import. If nothing else, all different notions of democracy have one thing in common: a reference to a community of individuals, “a people”, who takes decision in a democratic fashion. However, that a decision is made with a democratic decision method by a certain group of (...) people doesn’t suffice for making the decision democratic or satisfactory from a democratic perspective. The group also has to be the right one. But what makes a group the right one? The criteria by which to identify the members of the people entitled to participate in collective decisions have been surprisingly difficult to pin down. In this paper, I shall revisit some of the problems discussed in my 2005 paper in light of some recent criticism and discussion of my position in the literature, and address a number of new issues. (shrink)

continent. 1.4 (2011): 253—278. A Sense of French Politics Politics itself is not the exercise of power or struggle for power. Politics is first of all the configuration of a space as political, the framing of a specific sphere of experience, the setting of objects posed as "common" and of subjects to whom the capacity is recognized to designate these objects and discuss about them.(1) On April 14, 2011, France implemented its controversial ban of the niqab and burqa , commonly (...) referred to as the Islamic veil, in public places. On the coattails of the 2004 prohibition of religious artifacts, including the less concealing hijab or Islamic headscarves, in schools, the veil ban sparked equal outrage across both political and theological spectra, and many on both sides of the debate were quick to inquire about enforcement. As Steven Erlanger reports, “The police do not have the authority under the law to remove full veils, only to fine or require citizenship lessons for those who violate the new law.”(2) While the legal and social implications of this interdiction are ripe for study, the reprisals for breaking the law, notably compulsory citizenship classes, illuminate the strategic governmentality underlying the French government's targeting of the Muslim community, particularly those elements it considers affiliated with fundamentalist factions and/or terrorist organizations, if only through fashion—an integral component of French citizenship. Indeed, in allowing the (fashion) police to mandate instructional courses in citizenship for offenders, France implies that any Muslim choosing to wear the niqab or burqa , perhaps even for those who are already citizens, must not be aware of the subtle nuances of dress indicative of the French citizenry within public space. Furthermore, the degree of instruction requisite to citizenship, which clearly can and must be updated as the state sees fit, cements the imagined relation between citizens and states within the discourses on the veil ban. As Sharma contends, “Concepts of citizenship are the ideological glue that bonds the nation to the state. Citizenship provides the legal framework through which the state performs its role as ruler for the nation.”(3) Speaking for/as the state, French President Nicolas Sarkozy declared in a 2009 presentation before members of the government and other citizens that the burqa “is not welcome on the territory of France.”(4) Although there is nothing unique, especially recently, about a nation-state taking extreme measures to guard itself against what it deems to be threats to its sovereignty, the way in which the ongoing discourses on hijab have (d)evolved, which coincide with recent pronouncements by governmental leaders in Germany, Britain, and France that policies of multiculturalism have “failed,”(5) points toward nationalist reterritorializations, which is also to say physical and ideological re-appropriations, of public space within democratic milieux, which remain predicated upon the mediation of spaces. As Panagia deduces from Rancière, “Democracy […] is not an institutional form of government […], but an appearance whose visibilities and audibilites arise out of the dissonant blur of the everyday.”(6) Ultimately, the veil ban represents a calculated move to regulate the every day, which is to say the micropolitics of, that which is visible and invisible within French society, which makes it nothing short of a struggle to manage (the sensation of) bodies. Re-situating the political within the context of sense, Rancière argues that the fundamental essence of politics lies within the distinction between consensus and dissensus , and whereas most consider politics proper as fundamentally concerned with the fluid operations of the state— consensus , Rancière actually locates the political within events that disrupt the normative sensory order of things— dissensus . He explains, “Politics revolves around what is seen and what can be said about it, around who has the ability to see and the talent to speak, around the properties of spaces and the possibilities of time.”(7) This reformulation of politics centers on agency and, albeit perhaps unintended, representationality and offers a useful formulation for spatializing the discourses surrounding the Islamic veil, which are mired within seemingly senseless policies and practices of objectification. Instituting a normative “regime of visibility,” the French veil ban encapsulates the political economy of agency, now both mediated and representational, under the rule of nationalist governmentalities in increasingly transnational contexts.(8) Adjudicating presence within public space signals a concern with the sensory aspects of agency itself—what Rancière terms the “distribution of the sensible,” which is “a matrix that defines a set of relations between sense and sense: that is, between a form of sensory experience and an interpretation which makes sense of it.”(9) To be concerned with sense is to focus upon the body, and this somatic repositioning of the (fashionable) citizen within the territory of the state augurs the resurgence of nationalist bio-politics within Europe, since, as Hage explicates, “Nationalism, before being an explicit practice or a mode of classification, is a state of the body. It is a way of imagining one's position within the nation and what one can aspire to as a national.”(10) The French government's attempt to make (bodily) sense of public space for its citizens by and through policies aimed against a burqa-clad Muslim minority, which might only apply to “less then 400 to fewer than 2,000” women(11), reveals the necessary, yet mercurial, transmutation of public space into national space through bio-political strategies of sense-making, which, as Hage observes, denotes that “nationalists perceive themselves as spatial managers.”(12) At the center of this concern over public space is the equally contentious dimension of governing female Islamic identity, which has become one of the main critiques levied against Islam from outsiders who view the veil in its various forms as a clear sign of the religion's actual and symbolic violence against women, even if such critiques remain ensconced within nationalist discourses. As Halim and Meyers argue, “Although Western news media may focus their coverage of Muslim women on the debate over whether and the extent to which the veil may by oppressive to the women who wear it, they have exhibited little interest in the physical oppression of violence against women in Islamic countries.”(13) While it falls outside of the scope of this analysis to arbitrate all of the dimensions of this debate, understanding some of the issues related to female identity and hijab within public space are crucial to this study. As these topics are extraordinarily complex, even and perhaps especially within the Muslim community, it is necessary to provide some context concerning the value, purpose, and meaning of the Islamic veil, which has a rich and arduous history. The Art of the Veil At present, there are only two countries, Iran and Saudi Arabia, that require women to wear hijab , which is a decidedly problematic term and concept whose locus is itself caught within a struggle of sensation. Noting the strategic reterritorialization of the term, Berger explains: The choice of the name, hijab , now widely adopted to designate the “Islamic veil,” it itself interesting, although the semantic shift it operates is not directly commented upon by its users. Although the design (both the cut and the symbolic function) of the hijab and the Iranian chador are indeed the same, as opposed, for instance, to the traditional Algerian haik , the word hijab has come to replace the term chador popularized by the Iranian revolution, as a properly Arabic (hence Koranic) designation. This discursive shift points to the successful reclaiming of the national revolution in Iran by a transnational pan-Islamic movement, whose language of reference can only be Koranic Arabic.(14) While the hijab is certainly a point of contention within various countries dealing with immigrant Islamic populations (of which France has the largest in Europe as part of its colonial legacy in Algeria), it is clear that the veil is a historically contextualized artifact of Muslim identity with a variety of manifestations, even as forces outside of and within Islam seek to codify its actual and symbolic value. Ultimately, the varieties of hijab , including the full-faced burqa and niqab , are complex assemblages of meaning that speak to the multitudinous flows of Islamic identities over time and space. As Gökariksel and McLarney observe, “Wearing a certain style of veil may simultaneously be a disciplinary practice crucial to the cultivation of piety (Mahmood 2005; Gokariksel 2009) and a gendered performance of social distinction in terms of class, taste, and urbanity (White 1999; Navaro-Yashin 2002; Gokariksel and Secor 2009) or of ethnicity and race (Dwyer 1999).”(15) The ideological marketplace from which the varieties of hijab ebb and flow serves both as a reflection of the ever-present materiality and dynamic functionality of spiritual economies, which are derivative of the equally ubiquitous flows of transnational capital driving agency and representationality within our historical moment. Keeping these dual, yet deeply interconnected, capital ecologies as the site of exploration for how the veil is represented within public space, one might begin to sense what lurks behind such veiled agendas. Examining the symbolic and representational nature of the Islamic “veil” in its various forms, this project situates the decidedly political contestations of public space at stake in the French ban alongside recent condemnations of multiculturalism as calculated efforts to re-distribute the sensible so as to valorize national identity within increasingly transnational and globalized socio-economic spaces, which collapse exchange values between distinct, yet interwoven, economies of (cultural/material/spiritual) capital. As the discourses on the veil rely upon representational imag(in)ings, it seems fitting to explore the political economy and art of the veil through the phenomenon of street art, which, much like hijab , is a complex assemblage of meaning of sensation mired in representationality and capital exchange. As street artists have taken up hijab in various forms, the movement offers a lens with which to situate critical responses to the veil debate across both spiritual and material economies. Situating this street art both aesthetically and historically, Lewisohn explains, “'Street art' is a sub-genre of graffiti writing and owes much to its predecessor. Though there is a good deal of crossover between the genres, they are distinct and separate in their own right.”(16) Evolving out of the graffiti explosion of the late 1970's and 1980's, street art broke the unspoken rules of the artistic underground by challenging and re-examining one's sensory experience of art in public space by experimenting with both content and form in ways that harken back to the Situationist International, which as a collective challenged one's experience of urban space through various media and experiential phenomena. Again, Lewisohn observes, “It's important to note street art's break with the tradition of the tag, and its focus on visual symbols that embrace a much wider range of media than graffiti writers would use.”(17) From stencils to prints and murals to one-liners, street artists developed a reputation for critical social and political commentary, and while it is certainly the case that not all street art is intentionally political, in challenging the normative “regime of visibility,” as Rancière puts it, of public space, street artists—even if unconsciously—call into question the common sensory experience of the politics underlying the formation of (nationalist) space.(18) Indeed, Rancière refers to the partisan sensory managers as “police,” who ultimately forge “the rules governing the circulation of appearances, of their visibility and audibility, and the proper distribution of bodies therein.”(19) As such, one can sense that street art's relationship with the police is tenous for a variety of reasons. Writing about his own experience as a street artist, Shepard Fairey observes, “With street art, there's no committee deciding whether I can put my work up on the street, there's no censorship, and I have total freedom of expression, and that concept of freedom is expressed just by using the street as a medium.”(20) As Fairey and other street artists demonstrate, the medium, to paraphrase Marshall McLuhan, is the most glaring aspect of street art's message, and even as it now finds itself in galleries and usurped by private collectors, the ethos of the movement remains relavent to politics as it is, first and foremost, concerned with the configuration and experience of space. Just as examining the punishments for breaking the veil ban can map the terrain of French politics, a representational genealogy of street artist's deployment of hijab and female Muslim identity can assist in mining the depths of public space as a site of bio-political control and contestation in light of recent events in France and the rising tide of anti-multiculturalist rhetoric across Europe, even though the Islamic presence there is radically heterogenous. Using the work of Shepard Fairey, Princess Hijab, br1, and Banksy, this paper sets out to answer a number of key questions concerning the deployment of hijab, and female Islamic identity in particular, within street art as a movement now integral to and critical of the economies of exchange underlying global capitalism, which as a force of influence cannot be underestimated as a driver in the resurgence of nationalist biopolitical governmentalities. Although there exists a litany of artists to choose from, the aforementioned quartet of designers integrate hijab into their work in a seminal and critical fashion, and all have been working with the veil in some way prior to the French ban, which grants some additional context to their usage of it as a symbol in regards to the breakdown of multiculturalism across Europe, even if unconsciously. Although each artist depicts various amalgamations of hijab in their respective corpus, they share common tropes that raise significant questions concerning the veil debate, namely: what are the conditions of possibility for hijab to become a marker of Islamic identity within public space? How can we make sense of the representational topologies within street art's utilization of the hijab and female Islamic identity in light of the French ban? How might these aesthetic imag(in)ings simultaneously inhabit and combat normative discourses concerning hijab , multiculturalism, female Islamic identity, and public space? With these considerations as a backdrop, it is first necessary to outline more fully the hijab as a representative marker of female Islamic identity. The (Veiled) Writing on the Wall

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ABSTRACT A new ‘political philosophy’ is indispensable to the ‘post-Corona world,’ and this paper tries to analyze the future of ‘liberal democracy’ in it. It shows that ‘liberal democracy’ faces a ‘global crisis’ that has begun before, but the ‘novel Coronavirus pandemic,’ as a setback for it, strongly encourages that crisis. ‘Liberalism’ and ‘democracy,’ which had long been assumed by ‘political philosophers’ to go together, are now becoming decoupled, and the ‘liberal values’ of ‘democracy’ are eroding. To find why and (...) how, this paper analyzes ‘authoritarianism,’ ‘totalitarianism,’ and the evils and propensities of ‘democracy’ that bring about further erosions of ‘liberal values.’ There may be difficult trade-offs to be made between ‘liberal’ and ‘authoritarian’ ‘values’ - and, after the experience of ‘Coronavirus,’ this paper shows the ‘illiberal or authoritarian democracy’ may become stronger. -/- KEYWORDS: democracy, liberalism, liberal democracy, illiberal democracy, the novel Coronavirus pandemic, Covid-19, authoritarianism, totalitarianism. -/- EXTENDED ABSTRACT For almost a century in West, ‘democracy’ has meant ‘liberal democracy’-a political system marked not only by ‘free and fair elections,’ but also by ‘liberal values.’ ‘Liberalism’ applied to the problem of the limits of the criminal law would require commitment to the presumption in favor of ‘liberty.’ If the word ‘liberal’ is to have any utility in this context, it should refer to one who has so powerful a commitment to ‘liberty’ that she is motivated to limit the number of acknowledged liberty-limiting or coercion-legitimizing principles as narrowly as possible. So, she only believes in ‘harm-principle’ as the morally relevant reason for criminal prohibitions. ‘Offense principle’ and ‘paternalistic’ and ‘moralistic’ considerations, when introduced as support for penal legislation, have no weight at all. So, it means ‘autonomy’ and ‘self-regarding vs. other-regarding actions distinction’ based on which the human is the owner of her mind and body and everything consenting adults do is beyond the realm of morality and law. It leads to ‘individual’ ‘basic rights and liberties’ such as ‘basic rights and liberties’ of ‘speech,’ ‘religion,’ and ‘property’ and ‘collective’ ‘basic rights and liberties’ such as ‘basic rights and liberties of assembly,’ ‘civil society,’ ‘political pluralism,’ ‘democratic institutions,’ and ‘non-governmental organizations.’ ‘Liberalism’ also believes in ‘equality of conditions, ‘equal and free participatory rights in political decision making,’ and ‘collective self-governance.’ It also believes in the ‘rule of law,’ a ‘separation of powers,’ and ‘checks and balances.’ However, even under fair and free elections, the elected leaders can be ‘populists,’ ‘ultra-nationalists,’ ‘racists,’ ‘fascists,’ and ‘authoritarians’ who do not respect ‘inviolable basic rights and liberties,’ and suppress ‘minorities.’ Democratically elected leaders can routinely ignore constitutional limits on their power and deprive their citizens of ‘basic rights and liberties.’ The two strands of ‘liberal democracy’ have been coming apart in the world, and the ‘liberal’ elements of ‘democracy’ have been fraying and eroding even before the ‘novel Coronavirus pandemic.’ Even before the Coronavirus hit, there was already much discussion of a crisis of ‘liberal democracy.’ In particular, there has been a debate about whether ‘liberalism’ and ‘democracy,’ which had long been assumed to go together, were becoming decoupled. This paper shows ‘liberal democracy’ faces a ‘global crisis’ that had begun before the ‘novel Coronavirus pandemic.’ It also analyzes ‘authoritarianism,’ ‘totalitarianism,’ ‘liberalism,’ and ‘democracy’ and shows that Covid-19 is a setback for ‘liberal democracy.’ What is striking about the current moment is that many of the ‘liberal’ elements of ‘democracy’ are so far holding up under immense pressure. ‘Illiberal democracies’ seemed to be emerging in many countries. This model of ‘illiberal democracy,’ in which elections continue to be held but some individual rights and liberties are curtailed, may emerge stronger from this new crisis. In that sense, the ‘pandemic’ may become a challenge not only to ‘democracy’ as such but also to ‘liberal democracy’ in particular – in other words, a system of popular sovereignty together with guaranteed basic rights, such as freedom of association and expression and checks and balances on executive power. ‘Authoritarian’ procedures may succeed in mitigating the spread of the ‘Coronavirus,’ but the world now faces another problem: that when the virus recedes, many ‘liberal democracies’ will be far less ‘liberal’ or ‘democratic’ than they were before. In times of crisis, ‘liberal values’ have been ignored temporarily in the name of executive power. However, the ‘temporary’ can become ‘permanent.’ In addition, if citizens lose their faith in the legitimacy of ‘liberal democracy’ as the best form of government, and think ‘liberal democracy’ cannot function effectively during a crisis, and ‘authoritarian regimes’ manage the crisis more decisively, the world will slide towards ‘illiberal or authoritarian democracy,’ and many ‘liberal democracies’ will be at grave risk of failure. There may now be difficult trade-offs to be made between those basic rights and security - and, after the experience of Covid-19, many citizens may choose security. (shrink)

This review of Madhav Kkhosla’s book, India’s Founding Moment, sees his approach as one of “best lights” understandings, that is, an effort to identify and explain the conceptual underpinnings of India’s founding constitution in their best lights. Khosla emphasizes as key the ways in which the constitution’s requirements of full adult suffrage, its intense specificity of language, and its strongly centralized government form, all contribute conceptually to the creation of the democratic citizen of India—a citizen whose rights across (...) the country were secured by a common constitution and central government, whose knowledge of and ability to exercise rights were enhanced by the constitution’s codified approach, and a citizen whose capacities to participate in democratic processes would be developed by the exercise of democratic rights. The review focuses attention on choices about suffrage, comparing India’s with the less inclusionary founding impulses of the United States constitution. It explores nuances of how codification would and would not promote exercises of citizenship rights, noting the importance of adjudication in the construction of the “common knowledge” to which the founders aspired. And the review argues that today, as more illiberal, authoritarian regimes are on the rise, the book’s emphasis on the importance of ideas, words, and common knowledge in constructing liberal, democratic politics is of urgent contemporary importance. (shrink)

Despite growing interest in workplace democracy, the question whether nonworker stakeholders, like suppliers and local communities, warrant inclusion in the governance of democratic companies, as workers do, has been largely neglected. We inspect this question by leaning on the boundary problem in democratic theory. We first argue that the question of who warrants inclusion in democratic workplaces is best addressed by examining why workplace democracy is warranted in the first place, and offer a twofold normative benchmark—addressing (...) objectionable corporate power and upholding efficiency—to assess the principles of democratic inclusion on offer. Against this benchmark, we next argue that the All-Affected Principle is unfit due to its over- and underinclusive extensional results, and that the All-Subjected Principle, whose variants we examine alongside their extensional results, holds more promise when coupled with independent considerations of justice or a constrained variant of the All-Affected Principle. These combinations need not entirely preclude, but speak against, nonworker stakeholder inclusion. (shrink)

Current world migration is disrupting conceptual boundaries of national democratic polities. One area where the traditional sense of political community is being challenged concerns electoral rights for non-resident citizens and non-citizen residents. With the right to vote being an ultimate expression of political membership in a democratic nation-state, any debates about these two groupsck. It provides direct empirical evidence that undermines the conventional wisdom that Koreans define their polity purely on the basis of their ethnicity. Contrary to (...) our expectations, a close scrutiny of the Korean debates in question reveals ample references to the civic ideals of political community. The line of reasoning that emphasizes duties towards the welfare of the polity has produced powerful justifications for denying political franchise to overseas compatriots, while granting limited electoral rights to qualified resident foreigners. A broader implication of this empirical finding is that it highlights a fundamental limitation of Baubck's scheme should be modified to address both the rights-based logics and the somewhat obsolete duty-based logic of franchise extension. (shrink)

In lieu of an abstract, here is a brief excerpt of the content: Mogens Lærke. Spinoza and the Freedom of Philosophizing. Oxford: Oxford University Press, 2021. Pp. xviii + 387. Hardback, $115.00. -/- Spinoza's political philosophy, always a subject of attention in Francophone scholarship, has been coming into sharper focus for Anglophone readers in recent years as well. Mogens Lærke—well known for his essays on metaphysics and cognition in Spinoza, for his invaluable book Leibniz lecteur de Spinoza (Paris: Honoré (...) Champion, 2008), and for bridging French and English scholarly communities—has now written a richly contextual treatment of Spinoza's conception of the freedom of philosophizing (libertas philosophandi). His book presents a thoroughly mid- to late seventeenth-century Dutch Spinoza. The expression libertas philosophandi appears in the full title of Spinoza's Theologico-Political Treatise (1670, hereafter TTP). Lærke argues that libertas philosophandi is the key to understanding "Spinoza's attempt to theorize a new republican public sphere" (5). As defined by Spinoza, "the freedom of philosophizing is not for Spinoza an individual right but a collective natural authority constitutive of a particular kind of public sphere" (5)—namely, one constituted by such recognizably republican notions as equality, integrity, virtue, and honor. It depends on citizens "having taken possession of their own free judgment and on their capability and willingness to engage with each other without prejudice and deceit" (234). Far from being "granted," libertas philosophandi is "achieved through civic education and mutual advising in the public sphere" (235). Rather than a formal permission or abstract right, libertas philosophandi is a socially mediated expression of power (or what the Ethics calls conatus, striving and expression): it emerges and is maintained through cultivation, regulation, and identification, and is communal—that is, political. Put another way, libertas philosophandi is a collective form of freedom enacted as a noncoercive exchange of views among equals who agree to search for truth and pursue well-being together. As distinct from the rational and intellectual freedom examined in the Ethics, libertas philosophandi reflects everyone's natural (and so inevitable) power of self-expression and does not depend on rational attainment. The task of politics is inducing as many people as possible to express themselves constructively. Thus, politics depends on motivating people to act as if they were rational. In practice, this means that citizens must commit themselves to friendly mutual advice and teaching rather than to coercive measures, to deliberative structures rather than to secrecy and partiality, and to acceptance of a unified sovereign, whatever the exact form of the government may be. Following the indications of TTP 5 and TTP 16-17, Lærke shows that this commitment can come about either imaginatively [End Page 523] or rationally. For those who do not or cannot—or cannot consistently—comprehend the usefulness of a well-constructed imperium, imaginative myths, such as the revelation at Mount Sinai or the social contract itself, are required. For those for whom the founding myths and codes, such as the principles of universal religion, prove insufficiently binding, state force intervenes. With characteristic erudition, Lærke situates Spinoza in the political, religious, sociocultural, and economic currents of mid- to late seventeenth-century Amsterdam. This contextualization leads to new ways of understanding Spinoza's place in the history of toleration and democratic thought. Lærke pairs this historical-philosophical sleuthing with close attention to Spinoza's exact language and argumentative structure. Most provocatively, Lærke insists on the fundamental continuity of Spinoza's political philosophy against influential readings that suppose a late-life change of heart. Chapters 2–5 explore the meaning of libertas philosophandi. Chapter 2, "Circles and Spheres of Free Philosophizing," retraces the history of the notion; chapter 3, "Philosophizing," presents philosophizing as a broad argumentative style encompassing reasoning from experience and practical or historical reasoning as well as more technical modes of inference and argument. What Spinoza calls the "natural light" and characterizes as "sound reason" is thus common to all, not restricted to intellectuals. Chapter 4, "The Apostolic Styles," studies Spinoza's analysis of the teaching methods exhibited in the Greek Scriptures. Chapter 5, "Authority," draws this part of the book to a... (shrink)

The main purpose of this study was to determine the accumulation of the tradition of political texts (Siyasatnāma) in the context of freedom of expression and to discuss the potential of creating new perspectives accordingly. One of the most important criticisms of modernity towards traditional structures is the claim that people are subjected to many limitations on social, cultural and religious grounds. This criticism, which mainly focuses on limiting the freedom of action, also comes across as preventing (...) the expression of thoughts. While traditional understandings had such an approach, they aimed not only to preserve or strengthen the position of a particular authority, but also to prevent problems that may arise from an individual and social point of view. However, it is not possible to say that these thoughts always remain true to the stated intention. In this context, considering traditional understandings with their historical contexts should not only aim to gain an intellectual knowledge about a certain period or civilization. The main goal should be to evaluate the accumulated knowledge critically and to achieve meaningful results from this field. While determining the framework of the study, it was thought that reading through the political texts would provide such an opportunity. The study focused primarily on the intellectual infrastructure of freedom of expression and, accordingly, included general assessments of the issue in political texts and touched on the concept of authority, which is of great importance for determining the scope of freedom. In particular, it is emphasized on which power the administrators, who are at the head of the administrative power, base their authority on and from which principles the boundaries of this should be determined. It is seen that the political texts related to political life, oriented to ideal principles and taking into account reality, contain important assessments of the source of authority in terms of creating a ground of legitimacy or making sense of the existing situation. When evaluating the issue, it is highly evident that politicians point out that the main purpose of the existence and use of authority is the idea of order. In this context, what kind of precautions have to be taken in case of violation of the determined borders to maintain order is one of the most important issues of the policy books. Among these precautions, the idea of limiting all freedoms, especially freedom of expression, has an important place. The article also points out the possible contributions of the suggestions made in this context to the reactions that may arise in different political and social situations. At the beginning of the mentioned contributions, there are assessments on overcoming an obstacle that causes rulers not to perceive some facts adequately. This creates a serious obstacle to a healthy communication with different layers of society, and can be expressed as a masking effect. One of the main issues that the article focuses on is the suggestions of politicians on how to use the freedom of expression of the broad masses that make up the body of society. These suggestions state that the governed also have responsibilities at the point of determining the framework of the dialectical relationship between the different dimensions of the social structure. The social understandings that developed in the post-modern world have a nature that puts the individual in the foreground much more than traditional approaches. This may have produced positive effects to some extent. However, it seems that a serious erosion in the culture of people’s coexistence occurred on this occasion. The problematic use of freedom in general and freedom of expression in particular may be one reason for this. From the point of view of the states that are the highest social structures, it can also be said that these problems are increasing day by day. Therefore, the medium-term result of the desire to ensure individual freedoms may sometimes appear as chaos, and the long-term result may appear as the emergence of a more authoritarian structure again. In fact, these authoritarianism tendencies can gain strength by being based on reasonable grounds, such as misuse of freedoms of expression. It should be noted that to overcome these problems, political texts can help to prevent major social breakdowns by providing important alternatives to the disinterest which was created by the modern era. In this context, the study also touches on the conditions under which freedom of expression can be restricted according to political statements. (shrink)

“Artworks are not being but a process of becoming” —Theodor W. Adorno, Aesthetic Theory In the everyday use of the concept, saying that something is grotesque rarely implies anything other than saying that something is a bit outside of the normal structure of language or meaning – that something is a peculiarity. But in its historical use the concept has often had more far reaching connotations. In different phases of history the grotesque has manifested its forms as a means of (...) subversive resistance against society’s prevailing notions of form and power. What aids this impact and distinguishes two of its basic stylistic features is the grotesque’s dissolution of form and its hyperbole. Such grotesqueries, however, soon solidify into new forms, new structures of meaning, hierarchy and practice, and in this sense the history of the grotesque is, on one hand, a continual opposition and transgression of the prevailing notions of art as well as of God and humanity, while on the other hand it offers continual resistance to its own solidifying process. As such the grotesque will not and cannot be contained in form without it losing the very thing that makes it grotesque. Even though it is somewhat easy to point out certain stylistic features of the grotesque, the sum of those features tell us very little about what is at play within it. Definitions concerned with the grotesque’s content rather than its form faces similar difficulties. Throughout history, expressions relating to the grotesque have been used in defense of a whole host of different social and cultural discourse including, for instance, Catholicism (See Erhard Schön’s Der Teufel mit der Sackpfeife , 1536), Protestantism (See Lucas Cranach’s Der Papstesel , 1523), a material folk culture (see Mikhail Bakhtin’s Rabelais and his World , 1984) and an idealistic romantic structure of meaning (see Wolfgang Kayser’s The Grotesque in Art and Literature , 1957). Thus though the grotesque cannot be reduced to the expression of certain forms or meanings, in order to examine what the grotesque is about one has to try to see how it’s relationship to flow and process and how, by maintaining this relationship, it attempts to avoid solidifying into form and meaning. The process of the grotesque alluded to here revolves around a play between periphery and center, the marginalized and the dominant. Most often this is expressed as a direct negation of the center of power. In the medieval grotesque tradition of the carnival, for example, it is expressed by its emphasis on the nether regions of the body as the center of creation of meaning. Spirit does not come from above, but from the belly, buttocks and genitals, and there is, expressed in this manner, a mockery of the predominant Christian notion of truth and meaning. Such inversions of the sites of meaning most often explicitly express an increased interest in materiality instead of ideal content which comes to the fore through the play between periphery and center. Even in early grotesque Renaissance art (for example in the works of Raphael) the depiction of the mythological or ideal reveals an exploration of the possibilities of the material. The works of art thus explore their own boundaries rather than act as vessels of the divine and in this way the grotesque explores the limits of form and materiality. This in turn brings to the fore a metaphysical dimension in the workings of the grotesque: It is an immanent exploration of its own boundaries. Materiality and metaphysics are joined together, because it is through the awareness of itself as a structuring (dis)order that it places itself in opposition to the prevailing notions of form and power. This way the grotesque expresses an awareness of the division of sign and reality and a search for this reality. It implicitly expresses the awareness that meaning is not something God-given and static, but fluctuating and man-made. In modern explorations of the history of the grotesque it is commonly seen as a form of realism that manifests a shift from the ideal towards the material, freeing art from representing some hidden higher order and instead making the work of art the very site of creation and meaning. Going even further, the grotesque actively opposes the notions of the ideal by marking a shift from an ahistorical view of the world towards the historical. However, this also makes clear why the grotesque has a tendency to solidify into new static forms of meaning, for by establishing itself as a subversive counterforce there is an idea of transgression and emancipation. That is why the grotesque often historicizes and relativizes only to repeat the mistakes of that which it negates: putting itself in the king’s chair. The exploration of the material seems to create new forms and notions of the ideal. The representation of an otherness outside the prevailing notions of meaning and truth becomes a positive manifestation of this otherness as truth itself. Thus the historical “truths” of the grotesque are superseded by history itself. When the expressions of the grotesque solidify into static form and meaning, they become mere objects like anything else in the world. Instead of being this elusive thing of process and flow, it becomes tangible to the existing hierarchy of power as well as history itself. In this way the grotesque can be expunged, included or simply revealed as yet another false notion of truth, which is precisely what has happened with the grotesque throughout the course of history. If from the beginning the expression of the grotesque has not already been in the service of some structure of meaning and truth, it has quickly been included or has quickly included itself in such a structure. But by doing so it rejects its own basis: the tension between periphery and center is replaced by the attempt to create a new center, a new structure of meaning and truth. The doubleness, ambiguity and flow of the grotesque are then rejected by the grotesque itself. THE NON-FORM OF FORM In the critical thinking of Theodor W. Adorno (1903-69) the problem of art, caught between a reductive and prevalent notion of truth and meaning and a peripheral and alienated otherness, is reexamined and reformulated. For Adorno, the instrumental rationality of Enlightenment itself reverts into a new form of mythology which is every bit as static and exclusive as the hierarchies of religion it supersedes. All is excluded that is non-identical to the instrumental mastery of the objects of the world, "For the Enlightenment, anything which cannot be resolved into numbers, and ultimately into one, is illusion; modern positivism consigns it to poetry." 1 As such the non-identical has been banished from the realm of thought and action, and banished specifically to the realm of art. But the realm of art is not able to provide a decent home for it because even modern art is not something entirely autonomous. While it is excluded from the notions of truth and meaning provided by instrumental rationality, it still originates from society. Just like instrumental rationality art is about mastery, structuring and exclusion. Therefore, the problem for art is that it cannot directly provide a space for the non-identical because its mode of operation is similar to that of instrumental rationality. Even worse, art has very few possibilities to free itself from this. If it becomes l’art pour l’art it is at the same time reduced to the very thing instrumental rationality claims it to be: a subjective judgment of taste.expressionism also stands as an example of this. Conversely, art cannot work within the framework of the identity-thinking of society, because any notion of freedom or emancipation would reproduce the exclusive practices of instrumental rationality. For example: Explicit socialist literature may establish itself in opposition to instrumental rationality while at the same time reproducing it. Its language may seem different, but in reality it merely provides a different set of reductive schematics for human life and experience. The problem for the art of the grotesque was, as I mentioned earlier, that far too often it was merely a symbolic manifestation of a notion of otherness—not otherness itself. Because of this the subversive character of the grotesque ends up shaping and containing otherness instead of providing a space for it. According to Adorno the only way to avoid this is to radicalize the grotesque. In order to avoid solidifying into form the work of art has to be an object which cannot be contained in thought or form—a non-form of form. The work of art has to work in a way that it strives for autonomy but without entirely leaving a discernible reality. In other words, it has to pull in two directions at once. Thus the work of art is a paradox. It is autonomous in the sense that it closes itself off from everything outside of the work of art, trying to shy away from the contaminating influence of the identity thinking of instrumental rationality. At the same time though the work of art is heteronomous in the sense that it originates from a specific historical context and is bound to be what society is not. Autonomy and heteronomy are inseparably intertwined. Unable to display otherness itself, but still trying to be a refuge for it, there is only one option for art: It has to turn against itself and destroy its own logic of form, thereby demonstrating how any representation of otherness is impossible. Art becomes a lamentation of the victims of the identity thinking of instrumental rationality and shows the traces of the otherness that is unable to appear. Adorno’s pessimistic theory of art and history stages art as a negative dialectical process where the work of art closes itself off and rejects everything outside, while the individual elements in the work of art destroys its very own logic of form from within: Artworks synthetize ununifiable, nonidentical elements that grind away at each other; they truly seek the identity of the identical and nonidentical processually because even their unity is only an element and not the magical formula of the whole […]. The resistance to them of otherness, on which they are nevertheless dependent compels them to articulate their own formal language, to leave not the smallest unformed particle as remnant. This reciprocity constitutes art’s dynamic; it is an irresolvable antithesis that is never brought to rest in the state of being. 2 Relative to a traditional understanding of the grotesque, Adorno radicalizes the tension between center and periphery, autonomy and heteronomy. In the traditional understanding of the grotesque, as we find it for example in the writings of Mikhail Bakhtin, the grotesque establishes the display of otherness as a new center of meaning and truth. However Adorno rejects such notions and argues instead for a modernism of the grotesque in which both center and periphery are included in a negative dialectical process and continually synthesizing and destabilizing each other’s positions. A modernism of the grotesque works on the inside of the sign or the artwork, continually outlining and questioning the boundaries between materiality and form. This moves the focus away from the relation between the sign or work of art as a conceptual manifestation on one side and the object it refers to on the other side. Instead it implicitly points to the amorphous mass from which the signs and thereby meaning have been carved, the remnants that have been left behind. Modernism of the grotesque does not imply that it is emancipatory or that it reconciles man with nature, and does not represent a new position or a new ideology. It merely remembers and insists on the double nature of man and art: to write or paint yourself or an artwork whole by inscribing meaning in life or by applying form on a canvas is at the same time both creation and destruction. The very signs we use to center meaning in our lives carry its own alienation in them. Meaning surfaces only when process and flow comes to a halt—solidifying, but at the same time excluding parts that do not fit into that particular structure of meaning. NOTHING DONE AND NOTHING UNDONE It has always been difficult for art historians to find a suitable category for the works of the Danish artist Leif Lage (b. 1933). In his paintings the sensitive figuration seems so fragile that it is on the verge of turning into abstraction. Or conversely: the figurative emerges cautiously and hesitantly out of abstraction. As an art critic once wrote, he can almost paint things away. 3 Working in some undefinable space between abstraction and figuration, the Lage’s works shy away from the realm of words, and as a result few critics have been able to write anything meaningful about his works. In fact even fewer have been able to write more than one or two pages. The Danish author and art critic Leif Hjernøe is one of those few, but even he starts off by saying how impossible it is to write about Lage, confessing that his works exist both as process and in a field of in-between which words cannot reach. He writes: Always you find yourself in a place where nothing is done and nothing left undone, and where the elements of the work of art rest in a continuous motion. Always there is the open wound, where infection rather than surgical intervention is considered as an opportunity. And the conflict between matter and antimatter makes all diagnoses uncertain and allows conditions of uncertainty to spread in a place of raw presence. 4 The art works against the diagnosis and the certainty. Words are being eaten up by what is outside the realm of words: tension, process and doubleness. An approach to an understanding of the work of Lage could be to follow his connection to Samuel Beckett (1906-89). One can note, therefore, that Lage has illustrated several of the Danish translations of Beckett’s works. Though one is an author and the other a painter both seek a place where figuration, where the word, erodes. For both this entails an attempt to question and examine and so move in behind the façade of the surface in an exploration of that something or nothing that may be behind representation. At the same time even in the vanishing point of figuration or words, the meaningless words or the disjointed lines still stand as signs of human activity—signs of movement in emptiness. With very few exceptions Lage’s artworks revolve around one motif: Man—most often “en face.” But unlike traditional portraitures Lage’s people are found within. The artworks do not sense the reality of appearances, but rather the existential dimensions within man. As a seismograph they are sensitive to the utmost subjectivity in order to display an objective, sensuous depiction of the very problem of subjectivity. Instead of a static façade of a man, Lage’s “en face” shows the process-character of man. The people in Lage’s paintings are always in process—in the midst of becoming or dissolving. I will take a closer look in the following at the ways in which Lage establishes this sense of being in constant process, of being in-between modes or categories. THE DOUBLENESS OF THE STROKE Lage’s etchings attract attention in particular for the tension conveyed there between the material and the form. The material physically opposes the violence of the needle. But instead of embracing the violence of the needle and the victory over matter—instead of making the artistic creation and figuration express a heroic mastery of the background it is made out of—Lage uses the stroke to express the very tension between stroke and material, figuration and background. In the drypoint etching Untitled from 1983, which illustrated the Danish translation of Beckett’s Ill Seen, Ill Said , the needle tears up the material in long rough lines: Together, the primarily horizontal and vertical lines form a face. Thus the force needed to etch a line in the metal-plate draws attention to itself: It is there in the absence of curves and nuances. Man emerges on the metal-plate after great exertion and in a very simplistic form. This way Lage enhances the nature of the material, as the material’s resistance is not something to overcome. On the contrary the figuration is smitten by its very resistance and as such expresses the violence of its own becoming. Even more pronounced is the fact that the lines do not just show the violence of creation—it actively erases figuration in the same process that creates it. For example the mouth consists of 8-10 horizontal strokes, of which some seem to be connected to each other as if the mouth has been quickly scratched out. The mouth speaks of the inability to speak. In the same way, the eyes are black holes due to a large amount of criss-cross cuts, which together form a dark middle. Those lines, at the same time, form the eyes of the figuration and scratch out the eyes of the figuration. The extroverted aspects of the face—connected to speech and sight—are portrayed as introverted as well. Just as the etchings down into the metal-plate makes something appear. Leif Lage, Untitled , 1983 (etching) The figuration of the etching is connected to creation. It expresses that something is wrought into existence out of nothing by sheer artistic force. However, this force is at the same time presented as a violence of creation, which makes it impossible for form to truly emerge. Herein lies one of the basic principles of Lage’s art, namely that art cannot be that nothing or something behind the realm of words or signs. Without form, art would lose its ability to express anything at all. Form is a necessity if art is to avoid becoming as devoid of expression as the reality is that we cannot reach behind the appearance of things. On the other hand, art cannot raise itself above its own material in joyous celebration of the beauty of form. This would use the material in the manner of an instrument and thus would suppress the otherness it attempts to rescue. When art becomes mere form, any traces of otherness will have dissolved. Then art would be a question of technique, in no way different from the instrumental rationality of society. Therefore art works in a particular space between form and non-form. As Hjernøe says of the works of Lage, it is in the center of the event, in the in-between where things neither are nor are not, "And everything takes place just before it changes character. As the blood just before it coagulates, as the milk just before it separates, as fried egg just before it turns white […]." 5 The precise emphasis on the in-between of Lage’s art points in particular to the work of art as both outside of and in time. The work of art is a singular point in time, but at the same time it is continually in process. In the borderland between form and non-form, between creation and destruction, it shimmers like a fata morgana . The work is done but at the same time undone. It is only there as a cry in response to the inability to come into being. Akin to the etching is the drawing, but while both, of course, use the stroke or line as their main instrument, the paper does not resist the line in the same sense as the metal-plate of the etching. As a result in Lage’s drawings the stroke frolics in a space with almost no tension at all. There is nothing there to keep the pencil stroke at bay, but at the same time this means that there is nothing there to keep it together. One of the more expressive examples of this is found in an untitled drawing from Tegninger og Text ( Drawings and Text ) from 1999. The drawing consists of one unbroken pencil stroke. It is as if the stroke is confused—it darts around on the paper making doodles on the way or gathers itself in more straight lines in the center of the paper. It is in this manner that the semblance of a body is established. A couple of small circles serve as eyes and are the reason that the rest can be read as both face and body instead of pure abstraction. In fact the unbroken stroke serves as both abstraction and figuration as on the one hand it is the stroke that seemingly outlines the shape of a figure, while on the other hand the unbroken stroke dissolves any truly recognizable figuration by continuously, without end or aim, overflowing the boundaries of the figure. Seen again here is a doubleness to the stroke and the act of creation. In the etching it was all about the tension between the resistance of the material which created the doubleness. Here it is the opposite. It is the lack of tension. The stroke is free to do anything, but has no aim: without some kind of resistance, there is nothing to hold figuration together. It threatens to dissolve into nothingness. Conversely, the drawing can also be seen as a process of becoming. Like a form of automatic writing, the pencil darts around until it finds a point of densification. But even in such an interpretation of the drawing, the figuration appears artificial—it points to itself as the result of the artistic act of creation. The stroke is primarily stroke and only secondarily figuration. With its wild movement it calls attention to itself as stroke. Thus the figuration never becomes something in its own right. It points to the basic principle of creation: Someone has drawn me, I am the result of artistic endeavors, and therefore I am not for myself but always overflowing the boundaries that contain me. It is the stroke that in the very same movement creates figuration and dissolves it. Leif Lage, Untitled , 1999 (drawing) THE LIGHTNESS OF COLOR, THE DENSITY OF PAPER Often the watercolor is used as a precursor for larger paintings, because it has an immediacy in which one can quickly paint the main lines of a composition. However, Lage’s watercolors are not temporary points in a process leading to another final painting. They are not sketches, later to be filled with details in another material. For him watercolor is an end in itself. This also implies that he doesn’t try to work against the paper’s absorption of the water color and its tendency to absorb detail. On the contrary, he examines the possibilities inherent in this blurring of the line and absorption of color. As in the previous examples, there are of course recognizable shapes in Lage’s water colors. But these shapes are rarely separable from color, line or even paper. In other words: the figurative and the abstract more or less become one. One of the reasons for this is that Lage often works on wetted paper which means that the paper hungrily absorbs color into its fabric instead of it being on top of the paper. The paper becomes line because it is the absorption of the color which, together with the brush stroke itself, separates the colors from each other. The line is also color and the color is also line, because there is no separation between the different colors other than the colors themselves. At times this results in almost complete abstraction. In such cases Lage add lines with a pencil as if he wants to hold some sort of figuration together. At other times it is the other way around: the strokes of the pencil are a being dissolved by the water color blurring out the figuration. Untitled 1 from 1999 displays various tones of green. The contour of the colors appears unusually rough. Most of all it is reminiscent of a shoreline which has found its form through the work of thousands of years between water and land. Pockets of resistance surface as islands not yet drowned in color—as paper or color not yet consumed by the dominant color. The shape of the colors does not seem created by the hand of the artist, but rather by the inner workings of the watercolor: color against color over time has resulted in this very image, as if it is all a part of a natural process of change and decay. Despite the fact that there are no strong differences in color there seems to be a struggle taking place in the watercolor. For example, inexplicable holes in the dark color, which cover most of the right side of the watercolor, appear as if the underlying color is eating away the dark color, or that the dark color is in the process of covering up the underlying color. The small pockets of resistance demonstrate a process and development that, almost as a happy accident, evokes a couple of small eyes and a large mouth. Behind the colors a few slanted lines can be discerned, but the hand of the artist has long ago disappeared behind the life of the colors. Thus the watercolor seems to be held at precisely the point in time where figuration randomly appears. The small eyes and wide mouth seemingly express the realization of the figuration’s temporality. It is just a moment in time, soon to be consumed again in the life of the colors. The nature, the background it stems from and is part of, moves on undeterred, continuing its everlasting process of creation and decay. In this sense, the watercolor provides an experience of how neither artist nor man is able to transcend the materiality they consist of. The colors of man, the materials man consists of are “becoming” and “progress” but also “decay” and “disappearance”. The artist’s pencil strokes have been eaten up long ago, and the figuration is living on borrowed time. Human or artistic activity is about creating form, transcending mere matter by shaping and applying meaning to it. But Untitled 1 shows the doubleness of such creation: the transience and fragility of human life. Should the figuration come into being, should it rise and transcend the material, which binds it to its temporal existence, it would become nothing because its very existence is conditioned by the life and work of the colors. In the same sense man cannot escape his own temporality. He too, for better or worse, must accept a life in the volatility of sensation. Leif Lage, Untitled 1 , 1999 (watercolor) In most of Lage’s watercolors there seem to be a stronger artistic control than in Untitled 1 . Most often both the arrangement of colors and the technique in which they are painted express the hand of the artist. An example of this is Untitled 2 from 1999. While figuration in Untitled 1 seemed to appear as a happy accident, the figuration is much more “created” in Untitled 2 . Here the most important parts of the figuration, the eyes, the mouth and part of the skull, are colored black and painted on top of the background’s play of colors. The background primarily consists of blue and yellow tones. Only parts of the paper are covered in color, however, which yet again stresses the act of painting: There is a surface which is being filled by color by an artist. The blue tones are concentrated in the figuration, while the yellow tones surround it. All this means that the figuration stands out more clearly in this watercolor. This is also underlined by the fact that the blue and dark tones cover part of the yellow tones as spots here and there. Thus it is not a background which is in the process of consuming figuration, but rather the emerging figuration which blots out the background. Such an understanding is even suggested by how the mouth and eyes are placed in the larger blue color field. The eyes and mouth are in the center of the watercolor, while the blue color field is placed from center out towards the left side. This gives the impression of a face turned slightly to the right and slightly upwards, which again makes the mouth appear to emerge from the paper. It also helps that the mouth cuts the center axis of the watercolor. In other words, the arrangement of the blue and black colors create some depth and perspective which gives the illusion of a figuration, seen partially in profile, emerging from the background. Seen in profile, the eyes and mouth seem extroverted—they almost seem as if they are put on top of the face. But at the same time they are painted as black holes, sucking in the gaze of the onlooker. The watercolor is even more challenging if one follows what may be the faint outline of the skull, which, on the right side of the watercolor, no longer works together with the blue color, but rather alone postulates the outline of the skull. If not the blue color field, but this line, is the outline of the skull, then all of a sudden the face is not in profile but “en face”—staring directly towards the onlooker. Outline and color seemingly work against each other and establish two different expressions. Without the slightly upward tilted expression of the profile, the eyes and mouth do not seem to emerge from the paper. On the contrary, seen “en face,” the eyes and mouth are really gaping pits of darkness. In this sense Untitled 2 is at the same time surface and depth of perspective. The line gives form but at the same time it dissolves the form created by the colors, and vice versa. Leif Lage, Untitled 2 , 1999 (watercolor) As the last example of Lage’s artistic method, I have chosen another untitled work (as indeed nearly all of Lage’s artworks are)—this time from 2000. This is perhaps one of the most figurative watercolors Lage has created, though that doesn’t tell us too much. The painting depicts a human face in blue and green tones on a yellow toned background. The colors create a clear demarcation between the figure and the background, which compensate for the watercolor’s lack of outline. Beneath the face darker tones imply the beginning of the torso, and nuances of color even hint at something which could be a collar. The hair is in even darker tones and its structure is emphasized using pencil strokes on top of the water color. One eye is marked by a brown spot with a darker spot in the middle, while the other eye is added by pencil. The mouth is a round, red dot. In Untitled from 2000 the work between abstraction and figuration is much less pronounced than in the previous examples cited here. Nonetheless the watercolor has a delicacy to it which almost makes the figuration disappear, even as it appears. This has something to do with the fact that all the individual brush strokes have dissolved. The only outlines are those created by the clash of colors. Even the red mouth seems to be more paint than mouth—unable to be formed truly as anything other than a speck of color with some small semblance to a mouth. In contrast to the other watercolors, there is no movement, no progress or decay, just a vibrating standstill. The figure is not emerging or disappearing but embedded in and as surface, and as such it makes the figure seem stuck in its condition rather than freed by the act of giving form: mouth open as a wound. Pencil strokes add detail and life to the hair as an attempt to help the figure emerge. But all this does is create two levels in the watercolor: The pencil strokes are put on top of the figuration rather than being part of it. Thus they end up highlighting the endless distance between the movement and form-giving of the pencil strokes and the static and stuck figure behind these strokes. Leif Lage, Untitled , 2000 (watercolor) MAN AND THE VIEW OF THE ONLOOKER Lage’s works seem at the same time to be an examination of tensions between form and material in art and a display of an image of man full of the same tensions. This is because the people who are emerging in Lage’s images are not just in his works, They are his works. This means that man is not something emerging from a background but is part of this background and vice versa. The art of Lage inscribes man in its surroundings and background. Man is not the ruler of nature. Man does not rise above matter; there is no truly transcendent position for man to occupy in the art of Lage. Instead man is a part of the very matter, it, at the same time, tries to distance itself from in order to distinguish itself from its surroundings. Man emerges in an attempt not to be line, stroke, color. In an attempt to free itself of matter. Should it succeed in this, however, it would turn into nothing. On the other hand, if man fully accepted itself as mere matter it would disappear in it—in instincts, urges and lack of reflection. The appearance of man is thus subject to a state of being in-between. Only in the tension between material and its negation can the outlines of man be traced. However this also means that in the art of Lage man is never something in itself but always in process—on the way to its freedom and its loss. However, Lage’s art is not just about showing the tensions inherent in man but also about showing such tension on the verge of breaking point. In the moment before everything is done, or when nothing yet has been done, the delicate tension between form and material has been stretched to its utmost in such a way that man’s character of process emerges and is contained on the paper or canvas. Therefore, Lage’s art contain traces of human life. Not only is it an autonomous unity of tensions where man is stretched out between its singularity and the surroundings it is a part of. It is also this pulsation between figuration and material which brings about the traces of human endeavor and activity. Even when man almost seems to have disappeared into the material, strokes and lines are still there as a reminder of human activity and potential creative power—as a reminder that hope is still possible and that man is still there. The view of the onlooker seeks out forms and meaning. It seeks outlines and edges. But first and foremost it is the eyes in Lage’s works of art that allow the onlooker to decode the figuration at play. This creates a distinctive relationship between the onlooker and the artwork. The onlooker tries to wrest the enigma from the artwork, tries to reduce it to solid, meaningful form. But the very same moment that hints at such a possibility sees the view of the onlooker confronted with a gaze of its own. The eyes of the figure in the work of art are most often dark pits, as if they were an illustration of the violence committed against the eyes of the onlookers and their search for meaning. Or as if they were a dark reflection of the onlooker’s failed attempts to delineate the traces of life in the artwork to a solid meaningful form. Therefore, the gaze of the figuration speaks not only of its own powerlessness but also of the powerlessness of the onlooker. When the view or sight has trouble finding solid meaningful forms, it has something to do with the fact that the precondition for sight, light, no longer stems from something transcendent. In Lage’s art there is nothing outside the works of art, nothing outside of human life, and as such nothing to shed light on the works of art or human life and reveal solid meaningful forms. All light comes from within. In a western context, light as a medium for sight is central to the understanding of meaning. People speak of the clarity of thought, while knowledge is tied together with enlightenment, and so forth. But the light no longer originates from a divine point of view. It originates from man, who has created himself in the image of God. The problem with this is that light always covers up its own base. Light illuminates something but at the same time it hides itself. 6 While it was previously God who was unknowable, now it is man. It is also problematic that sight and the medium of sight stem from the same place. Following this thought one can posit two final problems. Firstly, the immediacy and presence established by light by making forms and objects accessible to sight is fake. Light is not some independent entity which present things in a neutral manner for the onlooker. It is inextricably tied together with the gaze’s desire after meaning. In other words: Light perverts the appearance of things because it doesn’t originate from some objective entity which allows them to appear as they are. Instead light is based upon and originates from the subject and its conquering gaze, seeking out meaning and form constantly. Secondly, the joining of sight and light makes introspection within human life impossible. Everything can be illuminated by its use value for the subject but only as long as it is separated from the subject, as long as it is an object. But the subject itself cannot be illuminated. Lage’s art tears down such a dividing line between subject and matter, but it does so without reestablishing a divine position from where the light emanates. Therefore, the light in Lage’s art may not illuminate very well. It may not have the certainty presented by modern science or the religions of yesterday. But it does show what such light tries to hide, namely, the subject as it is in its material reality—inscribed in time and death, which are the basic conditions of materiality, but at the same time also full of life in its joy and will to create. For the onlooker the meeting of the gaze in Lage’s works of art is thus also a destruction of the view of the onlooker. The ability to see is challenged in a radical way. Those outlines will not solidify into static form, as if the light was too dim to see. Just as in Lage’s figurations, the view of the onlooker turns to black: turns towards the onlooker in recognition and becoming—or disappearance. NOTES Max Horkheimer and Theodor W. Adorno. Dialectic of Enlightenment . (Palo Alto: Stanford University Press, 2002): 4-5. Theodor W. Adorno. Aesthetic Theory . (London & New York, 2002): 176. Carsten Bach-Nielsen. “Mere glæde end gru.” Kristeligt Dagblad . September 24, 2002. Leif Hjernøe. “Den yderliggående inderlighed.” LEIF LAGE—Retrospektiv udstilling 1983 . (Copenhagen: Brøndum, 1983): 18. Ibid. Maurice Blanchot. The Infinite Conversation . (Minneapolis: University of Minnesota Press, 1993): 162-163. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Being and Freedom: On Late Modern Ethics in Europe by John SkorupskiJ. P. MessinaJohn Skorupski. Being and Freedom: On Late Modern Ethics in Europe. Oxford: Oxford University Press, 2021. Pp. 560. Hardcover, $130.00.John Skorupski's Being and Freedom traces the development of modern ethics in France, Germany, and England, as set in motion by two great revolutions: the French Revolution and Kant's methodological revolution in the (...) Critique of Pure Reason. I begin this review by offering [End Page 714] a brief summary of the book (which consists of eight lengthy chapters, an introduction, and a brief conclusion). I then raise some interpretive worries and offer an overall assessment.In chapter 1, Skorupski reminds us that the French Revolution, a physical struggle between opposing factions, was also a battleground of ideas. In opposing the ancien régime, revolutionaries took aim at the "Catholic-feudal order" (27). Underlying this order was an ethical view, "holism," according to which a person lives well through excellent performance of community roles assigned by family, state, and church. When individual interests conflict with these social roles, the latter take precedence. Revolutionaries (partially inspired by Rousseau) railed against this. On their view, persons were born for freedom, not the chains of traditional life. To realize such freedom demanded a radical democratic state. Here, too, fidelity to the ethical whole (the Republic) sometimes required sacrifices on the part of individuals. But in a properly constituted republic, these sacrifices would be self-imposed requirements of the general will.As revolution turned to terror and blood became the regular currency of sacrifice, critics like Guizot saw the ancien régime's parochialism as a symptom of a larger problem with its underlying ethics, one it shared with the radicals aligned against it: its commitment to holism. Holism says that some social entities have a good not reducible to the good of their members. Additionally, these social wholes have their own rights that sometimes override individual rights (28, 59). These features make it easy for holist orders to justify sacrificing individuals for collective goods. If this is the disease, individualism of the sort associated with Kantian ethics can seem to be the cure.Chapter 2 argues that the new critical philosophy resulting from Kant's "Copernican" Revolution is a mixed bag. On the one hand, Kant offers no good reason for positing a noumenal world and locating freedom there (77–79). On the other hand, there is lasting promise in the idea that morality follows from each person's individual autonomy. And yet, in the end, Kant's arguments fail here, too. For deriving morality from autonomy requires an explicit commitment to impartiality, which does not follow from autonomy (83–102). And, even when suitably modified, Kant's ethical principles risk emptiness if they fail to take content from our relationships and social roles (112, 148). Unfortunately, Kant suggests that doing so would perpetrate heteronomy, making such emptiness inevitable (102).By chapter 3, the tension between holist and individualist conceptions of ethics has become Skorupski's central leitmotif. On the one hand, individualists are well positioned to resist oppression and terror. On the other hand, individualism risks atomism and alienation from our attachments and feelings. Such alienation leads Schiller to reject Kant's views on freedom and virtue (161). For our author, this is as it should be.Skorupski next turns to Fichte. Although Fichte takes a step away from transcendental idealism by making intellectual intuition the hallmark of our subjectivity (173), he agrees with Kant that morality follows from autonomy. Indeed, for Fichte, autonomy commits us to striving for full self-sufficiency, which appears to court a similar atomism. Yet this impression is corrected when Fichte turns to politics. There, Fichte grounds rights (as permissible demands) in mutual recognition (182–83). This positions him to see the state and the family as ethical wholes (187–88), pointing away from Kantian individualism back toward holism.Hegel takes these steps away from Kant to their logical conclusion. As Skorupski explains in chapter 4, Hegel argues that the individualist systems grounded in autonomy and abstract right (Moralität) mark but stages on the way to moral... (shrink)

Benhabib argues that the tension between universal human rights and democratic self-determination cannot be resolved. Distinguishing between the principle of rights, on the one hand, and context-specific `schedules of rights', on the other hand, helps, however, to specify the scope of both norms. I show that applying this idea to questions of citizenship requires further elaboration in three respects: (1) Benhabib's argument for porous rather than open borders, which does not fully address the challenge of global (...) distributive justice; (2) norms for access to citizenship, which need to cover also transnational affiliations between sending states and their external populations; and (3) necessary constraints on democratic self-determination. I suggest replacing the principle of self-determination with a principle of self-government that does not include a unilateral right to determine the territorial or membership boundaries of the polity. (shrink)

This paper presents a novel Hegelian view of the relationship between aesthetics and democratic politics. My account avoids the drawbacks associated with approaches that reconceive all of the political in aesthetic terms or reduce the aesthetic to art. Instead, I maintain that the aesthetic is best understood as a distinct relationship of individual freedom. My argument proceeds by highlighting shortcomings of Honneth’s account of democratic Sittlichkeit and then addressing these impasses by integrating aesthetic freedom into the (...) picture. The first two steps of my argument concern the fact that the form of life outlined by Honneth aspires to be a form of free life, yet his account of democratic Sittlichkeit gives rise to two dimensions of unfreedom. The first problem of unfreedom pertains to the scope of freedom. The relationships of freedom incorporated into Honneth’s account fail to turn given social roles into the subject matter of a sufficiently unrestricted practice of freedom. The second problem of freedom concerns conformism. In a final step, I complete my argument that Honneth’s account is unsatisfactory and incomplete by showing that aesthetic freedom is socially valid and thus ought to form part of our accounts of democratic ethical life. (shrink)

Many argue that, given the all-subjected principle, non-temporary immigrants should have access to citizenship, challenging differences in rights between denizens and citizens. This article reassesses this conclusion by examining the case for a pathway to citizenship for denizens and asking whether former denizens, now citizens, can be denied some rights existing citizens have. It reconstructs Hart’s distinction between general and special rights, demonstrating with reference to Kant how the special right to political citizenship stems from general (...) rights. This elucidates why denizens are entitled to a path to political citizenship. The article further explores how the exercise of citizenship can lead to additional special rights, scrutinizing whether these must also accrue to new citizens. It discusses conditions under which these further special rights might justify a distinction between citizens. The conclusion argues that reserving certain rights for some citizens is interesting for rethinking democratic theory in light of increasing mobility, less for justifying different rights for citizens and former denizens. (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 lieu of an abstract, here is a brief excerpt of the content:THE EDUCATOR IN THE FACE OF REFORM Enrique Gómez León It might be claimed that all the reforms ofthe educational systems of the wealthy nations of the West aim to accomplish the motto of the French Revolution: Liberty, Equality, Fraternity. The principle goal of school today is the formation ofcitizens. Laws enshrine this sacred purpose, and politicians repeat it in every conceivable declaration oftheir programs. Public schools are ofcourse (...) part and parcel ofthe State. It is the ideals ofthe State that govern the educational process, and this in a double sense: schools should train pupils in these values, and at the same time reproduce these values in their functional processes. A quick glance at the characteristics of any high school allows us to recognize the values in question: a)Freedom of expression for teachers and pupils; freedom ofprograms, or rather the multiplication of subjects to be taught, since schools should represent every facet of our complex reality; freedom also from etiquette, from formal rules of behavior regarding what to wear, the way to speak up, how to address teachers; freedom, finally, from parents, who abandon to schools the role of primary and fundamental educator. b)Equality, a benefit ofdemocratization, which bears with it the obligation ofschooling for all; boys and girls study the same contents, and there is no exclusion for economic or religious reasons, nor for intellectual ones. c)Fraternity nowadays cashes out as tolerance, a true fetish word in the contemporary world. It is a tolerance which implies an absolute laicity so as to allow the expression ofevery kind ofbelief, or its lack, and which implies the right to speak far beyond what science allows, and yet to fall far short of what it demands, since emotion and sentiment demand their place alongside, or above, truth. The indubitable goodness of these objectives, these ideals—which no one would dare to criticize in public—does not manage to hide a spreading sense ofmalaise: teachers complain that pupils learn less and less, discipline problems increase; adolescents complain that school doesn't frighten them Enrique Gómez León97 any more, it'sjust boring; parents complain that there are no longer any good manners, their children are wasting their time; the newspapers deplore the increase of violence in the schools. Often the motives behind these complaints are quite banal: teachers focus on their own convenience and resist change; comparisons with the past are no longer valuable, since now everybody has become a product of schooling; most adolescents, above all, are extraordinarily entertained by school, where they meet up with their friends; parents forget that they had already scandalized their own parents with their astounding new mores; newspapers are slaves to the moment, obliged every day to forget what happened yesterday. We should not overlook the bad reasons for complaining about the malaise, but we should equally give it its due attention. I would like to bring out some arguments underlying it, as described from the position ofa teacher ofadolescents who loves and enjoys his profession. This malaise does not spring from resistance to the ideals of our era—liberty, equality, fraternity—but from the experience of a surprising fact: the more one exalts that slogan, the more the intellectual task of the school recedes into the background. As a consequence, freedom is reduced to lack of direction, equality to simple indifference, and fraternity to a paralyzing absence ofany meaningful boundaries. School, then—we are still talking about the state education system—may tend to produce what it is trying to avoid: a society both less free and more unequal. It is the apprehension of this future that provokes some disquieting questions among teachers: What use is this? What am I doing? What might I be able to do? In other words: What power do I have? So as to bring out some elements for discussion, and with the goal also of justifying the preceding hypothesis, I am going to approach the problem by first drawing away from it. In this way I hope to gather the necessary "élan" to underline two points—among many others—which, in my opinion, deserve more thought. Mircea Eliade repeats on several occasion this... (shrink)

Carol Pateman has said that the public/private distinction is what feminism is all about. I tend to be sceptical about categorical pronouncements of this sort, but this book is a work of feminist political philosophy and the public/private distinction is what it is all about. It is motivated by the belief that we lack a philosophical conception of privacy suitable for a democracy; that feminism has exposed this lack; and that by combining feminist analysis with recent developments in political philosophy, (...) we can meet the philosophical and political need for a distinctively democratic conception of privacy. This book then, is an effort to sketch and defend such a conception of privacy. It aims to show that while some conceptions of privacy are inconsistent with democracy, others are not. Indeed, the book asserts, the belief that privacy can be valuable and that it can justify basic legal rights, is implicit in a democratic conception of persons as free and equal beings, and a democratic conception of politics as the self-governing, or regulating, activity of such individuals. Just as we can and should reject undemocratic conceptions of the suffrage in favour of democratic ones, so the book maintains, we can and must reject undemocratic conceptions of privacy in favour of ones that reflect the moral equality of men and women, and a commitment to democratic forms of government. Democracy is often described as government by and for the people. On such a view, democracy is a political regime which can be contrasted with monarchies or aristocracies on the one hand, or with theocracies and despotisms on the other. By contrast with the former, it is a form of government that views individuals as citizens and as equal members of the agency which authorizes the use of political power. By contrast with the latter, it is a form of government whose purposes and aims are established by the common interests of individuals, conceived as free and equal citizens. It is my contention that there is a plausible and attractive conception of privacy implicit in this view of democracy. Hence, I show that individuals have fundamental interests in privacy because privacy enables them to participate in politics freely and as the equal of others and, beyond that, to lead lives that they can each affirm to be reasonable, valuable and right. As I think that the ideal of democratic government is properly associated with this latter and broader goal, as well as with the former one, I call my account of privacy a democratic conception of privacy to signal its connection to a particular ideal of politics, and to the conception of persons that makes this ideal a convincing and inspiring one. As this is a work of political philosophy, however, no effort is made to address the legal merits of competing accounts of the right to privacy, or to resolve legal dispute about the content and justification of particular constitutional rights in the United States. Thus, while I use Supreme Court decisions and works of legal theory to illustrate and support my arguments, my use of these materials is governed by philosophical concerns and my conclusions, therefore, are strictly of a philosophical, not a legal, nature. The book is divided into four chapters, moving from feminist criticisms of privacy to an engagement with the philosophical literature on privacy and an account of the right to privacy in a democratic society. It proceeds as follows. In Chapter 1, I examine feminist concerns about privacy, through a close reading of the work of Catherine MacKinnon. I argue that MacKinnon persuasively shows that protection for privacy has frequently licensed the coercion and subjection of women, and that her arguments are supported both by feminist scholarship, key Supreme Court decisions, and by familiar conceptions of privacy and equality. However, I argue, these criticisms do not imply that privacy, like slavery, can never be democratic, because wholly inconsistent with the equality of individuals. Rather, feminist criticisms of privacy suggest that privacy, like the suffrage, can be necessary to the equality of women and can have a legitimate and important place in a democratic society. In Chapter 2, I examine the philosophical literature on privacy in light of the need to distinguish democratic from undemocratic accounts of its nature and value. This literature, I show, can help us to provide an account of privacy that is sensitive both to its inegalitarian aspects and to its importance for a democratic commitment to the freedom and equality of women. However, I argue, we cannot embrace current philosophical accounts of privacy uncritically, because to a striking extent they are, themselves, indifferent to the ways that privacy has licensed sexual inequality. Thus, in Chapter 2, I set about interpreting privacy as a moral and political value, in light of the strengths and weaknesses of the philosophical literature on privacy. Their strength is that they show that there are many reasons for caring about privacy, or many ways in which we might define it as a democratic value. Their weakness is that they tend to assume that we must choose amongst these different conceptions of privacy, in order to provide a philosophically cogent account of privacy. This, I show, is a mistake and one that can be remedied by remembering that a commitment to the equality of individuals requires us to acknowledge the reasonable differences in value and interest that may characterize their relations in a democracy. When we do so, I show, it is possible to define privacy in terms of its protection for self-definition, intimacy and confidentiality, without having to choose between the three of them. For individuals may legitimately disagree about the differences between privacy and other values, even while holding that privacy is a distinctive and important democratic good; and they may also disagree about the importance of privacy compared to other goods, such as equality, without denying that self-definition, intimacy and confidentiality can be morally and politically desirable in a democracy. In Chapter 2, therefore, I show that we can provide a philosophically adequate account of what privacy is and why it is valuable without supposing that privacy is always sexually egalitarian, or denying that it has a distinctive place in a democratic conception of value. Chapter 3 then extends this account of privacy, by considering the justification for a legal right to privacy. Just as we cannot provide a democratic conception of privacy without attending to the different, though equally valid, concerns that individuals may have so, I show, we cannot provide a democratic account of privacy rights if we forget that individuals can, quite reasonably, differ in the importance that they attach to privacy. The result, I argue, is that we can distinguish two main reasons for protecting privacy by right in a democracy, the one personal and the other political. Whereas the former emphasizes the importance of self-definition, intimacy and confidentiality to the personal freedom and equality of individuals, the latter emphasizes their importance to their prospects for voluntary and equal participation in the processes of collective choice and deliberation that define a democratic government. These two justifications of privacy rights reflect the fact that in a democracy the personal can be political, as feminists have insisted, but need not be in order to merit protection by right. Indeed, I argue, we can distinguish democratic from undemocratic accounts of the right to privacy in this way: for whilst the former acknowledge the variety of individuals’ interests in personal and collective choice, the latter either collapse the political into the personal, or assume that the legitimate claims of individuals are merely a function of collective needs, interests and values. Neither of these is consistent with familiar assumptions about the nature and justification of democratic institutions and rights, nor can they be reconciled with a commitment to sexual equality. Thus, I conclude, though the fact that there are different justifications for privacy rights in a democracy means that individuals may legitimately disagree over the content and justification of basic rights, it is wrong to confuse democratic debate with moral or conceptual confusion and so, arbitrarily, to truncate our accounts of privacy, equality and democracy. Finally, in Chapter 4, I test and develop these claims by examining the justification for abortion rights in a democracy. I argue that women have legitimate interests in abortion, as well as in bearing children, because they have fundamental, and legitimate, interests in privacy and equality. Although safe and legal abortion is necessary to sexual equality, as feminists claim, I show that we can provide a convincing and democratic account of women’s claims to abortion only if we recognize women’s interests in self-definition, intimacy and confidentiality. This is because women have both personal and political interests in abortion and we will be unable adequately to identify these if we overlook their interests in privacy. Indeed, I show, the difference between democratic and undemocratic solutions to conflict over abortion lies precisely in this: that whereas the former acknowledge the importance of privacy to the personal and political equality of women, the latter overlook or deny this. As a result, the latter license both mandated abortions, although women have legitimate interests in bearing and raising children, and prohibitions on abortion that cannot be reconciled with the freedom and equality of women. That is not to say that abortion is not a politically significant matter, or that we can resolve moral conflict over abortion simply by giving women a legal right to abortion. Neither is the case. However, the chapter shows, in a democracy individuals are entitled to make morally and politically controversial decisions for themselves not simply because this is expedient or useful, but because this is right. To overlook this feature of democracy, I argue, is to make moral and political conflict utterly intractable by democratic means. Thus, while controversy over abortion has been held to show that privacy is an incoherent and undemocratic right, this chapter argues that it shows the reverse: for controversy over abortion makes clear that privacy is essential to democracy, and why this should be so. This overview of the book, I hope, makes clear that its concerns are methodological as well as substantive, and moral as well as political. Thus, its central methodological claim is that we cannot reconcile privacy with the equality of individuals unless we make a deliberate effort to do so. Its central moral and political claims are that privacy is compatible with the equality of individuals, and sufficiently important to the latter that, in a democracy, the privacy of individuals merits legal protection by right. However, this summary of the book also exposes its limitations. Chief amongst these, I fear, is that it provides no sustained discussion of the place of property on a democratic conception of privacy, and that the latter, itself, is rather a broad preliminary sketch than a polished and detailed portrait. I regard these limits on the scope and arguments of the book as limitations, albeit ones that I hope to be able to remedy before too long.However, limited though the book clearly is, I believe that it lays out the essential components of a democratic conception of privacy and that, by analysing and synthesizing several diverse bodies of literature, it may help those who are interested in the relations between privacy, equality and democracy. (shrink)

Photo by Tingey Injury Law Firm on Unsplash ABSTRACT The coverage of healthcare costs allegedly brought about by people’s own earlier health-adverse behaviors is certainly a matter of justice. However, this raises the following questions: justice for whom? Is it right to take people’s past behaviors into account in determining their access to healthcare? If so, how do we go about taking those behaviors into account? These bioethical questions become even more complex when we consider them in the context of (...) a commitment to publicly funded, universal healthcare coverage. INTRODUCTION Healthcare coverage of lifestyle-related conditions is certainly a matter of justice. However, this raises the following justice-related question: Is it right to consider people’s past behaviors in determining their access to healthcare? If so, the methods of taking those behaviors into account must be fair and justifiable. This bioethical question becomes even more complex when we consider it in the context of a commitment to publicly funded, universal healthcare coverage. This paper takes an old, classic debate, evaluates newer approaches, and offers an argument favoring a combined approach which alters the liberal-egalitarian solution to account for social justice. ANALYSIS l. Causes of Disease If healthcare coverage were universal, irrespective of socioeconomic status and lifestyle, people would contribute to the cost of remedying the lifestyle-induced health problems of others. In the West, lifestyle-related diseases are burdensome.[1] This paper approaches this concern from a western lens that incorporates both a European tradition of “social safety nets” and an American tradition of personal freedoms. By taking such an approach, solutions to the consequences of one’s past behavior burdening others must consider an individual’s personal freedom to choose to act as he or she wishes, with the distributive social and economic equality of the many. The concept of disease caused by lifestyle and diet is proven. Many health conditions include behavioral risk factors. Multi-pack smoking increases the risk of chronic lung disease, while obesity increases the risk of type 2 diabetes. Inattention to high blood pressure, high cholesterol, and a lack of exercise leads to increased risks of coronary artery disease.[2] While poor lifestyle choices certainly influence these conditions, their causes are multifactorial, and it is difficult to say that any single string of poor choices led to their development. In a scenario where two men excessively eat fast food for 20 years, several discrete factors impact whether any of them might suffer an ischemic-embolic stroke or not. Genetics, circumstances, and activity will also contribute to outcomes. ll. Alcohol-Related End-Stage Liver Disease One paper suggests that alcohol-related end-stage liver disease (ARESLD) differs from other multifactorial disorders as alcohol alone causes the disease.[3] It justifies attributing personal responsibility to patients with ARESLD because the condition develops only after the cumulative effects of large quantities of alcohol consumed from years to decades.[4] However, the paper undermines its position by admitting that even the susceptibility to becoming an alcoholic has some degree of genetic predisposition.[5] Given the extreme scarcity of donor livers, some patients may be prioritized over others on the transplant waiting list. Since donor livers cannot be given to everyone, transplanting a liver into an alcoholic may result in death for competing candidates whose liver disease was not their fault. All else being equal, if bioethicists avoid claiming moral deficiency or judgment, those with apparently self-inflicted ARESLD will not be deprived of treatment but will have a lower priority for transplant.[6] In contrast, another position suggests that it is often difficult to define what behaviors are punishable as these are largely personal and value-laden.[7] Still, people do not support using their own resources to support the consequences of others’ poor choices, no matter how objective.[8] In democratic societies, one must take into consideration community morals and values.[9] Even if we were to punish people for their health-adverse behaviors, we could not logistically employ the vigorous and sustained efforts necessary to determine whose actions are morally weak.[10] lll. The Liberal-Egalitarian Proposal One past argument proposes a liberal-egalitarian solution to manage personal responsibility for so-called “lifestyle diseases.”[11] This Rawlsian system combines the European-style “social safety net” commitment to social and economic equality with the American liberal notion of pluralist toleration and personal freedoms. This idealized system aims to hold people responsible for their choices rather than the consequences to mitigate the downside of blaming those who might not be blameworthy. The approach avoids determining the questionable nature of luck and personal responsibility for health outcomes, fairness in the distribution of economic burden, and the intrusiveness required to practically determine who acts in a morally wrong and health-adverse way. The liberal-egalitarian model, a theory of distributive justice, has two facets: the liberal principle that people should be held accountable for their choices and the egalitarian principle that people who make the same choices should have the same outcomes.[12] This model attempts to fuse responsibility with equity by seeking to reward good behavior and tax bad behavior rather than punish the consequences of the action and navigate who deserves treatment. For instance, the hospital bedside is not the appropriate place to introduce responsibility for one’s health outcomes.[13] This appeals to the reality that, at that time, discerning the true causes of disease was not plausible and to humanity in avoiding a heartless and cruel approach. An argument in favor of the liberal-egalitarian model considers its method of implementation. This approach assumes that the healthcare system treats all individuals regardless of their choices or ability to cover costs. The liberal-egalitarian model also assumes that a certain adverse health condition is related, statistically speaking, to the consumption of a certain good and that good can be taxed. As such, it proposes to tax the consumption of that good to finance the collective burden which arises from that good’s consumption rather than require individuals to pay for their own treatment. In the example of ARESLD, the recommended solution would be taxing all alcohol. While a systematic infrastructure is not explicit, there is the implication that a per-unit tax can be imposed on alcohol so the total tax revenue would make up for the additional healthcare costs due to consumption.[14] Upholding the principle that all people who make the same choices should face the same costs, all consumers of alcohol would pay the same tax, regardless of factors such as genetic predisposition to alcoholism, lifestyle, or expected cost of treatment. Upholding the principle of individual responsibility, this model does not deny treatment to anyone, neutralizing factors outside that individual’s control by imposing the tax ex-ante. Other people are not burdened by those who consume the good. People who consume alcohol face a burden proportional to the amount consumed. This tax-based implementation is justified so long as the tax is not prohibitively high for the average consumer. Further, the model mitigates concerns over the intrusiveness of ascribing morality to health-adverse behaviors. lV. Moral and Social Arguments Against the Liberal-Egalitarian Position Arguments against the liberal-egalitarian model concerns its many assumptions. First, this model assumes that consumption of such goods is directly related to the health outcome and that these goods can be taxed.[15] Certain people genetically predisposed to alcoholism would be predisposed to consume more alcohol. The model falls short when applied to scenarios where health outcomes are not consumption-based, such as engaging in unsafe sex or abstaining from healthy lifestyle choices like exercise. Second, some might argue that the liberal-egalitarian model fails to remain neutral. Residual moral judgments tied to consumption choices introduce non-neutrality. Although taxation in free societies is determined by democratic procedures rather than by individuals in the healthcare system, moral and value-based judgments will be implicit in deciding what behaviors are taxable, such as the purchase of cigarettes. Third, the liberal-egalitarian model fails to determine whether one’s behavior is autonomous, as socio-cultural-economic factors may influence it and behavior is more a product of society, peer pressure, or income. Those also may reflect systemic inequalities. Therefore, this model, which rewards, or taxes based solely on decisions, regardless of their consequences and motivations, fails to consider that a person’s decisions may not be completely autonomous. V. Libertarian Arguments Against the Liberal-Egalitarian Model a. State Intrusiveness as Counter to the Liberal-Egalitarian Model Last, there is a libertarian worry that if the state guarantees universal healthcare coverage to all people, the state will have to become highly intrusive and investigate people’s morals.[16] At least one-third of all disease burden in North America, Europe, and the Asia-Pacific is attributable to lifestyle measures such as tobacco smoking, alcohol consumption, high cholesterol, and obesity.[17] With these various lifestyles, it is not likely to agree on what conduct to tax or condemn.[18] The fine-toothed comb required to determine whether each citizen has been engaging in these behaviors would intrude on daily life and personal freedom. Libertarians champion the argument that impractical intrusiveness would result from universal healthcare, and such a degree of intrusiveness would likely be universally unacceptable.[19] The liberal-egalitarian model mitigates the libertarian worry about state intrusiveness as it does not involve prying into one’s life and choices other than taxing goods. A liberal state should ideally be neutral to how people decide to live their lives. In all, libertarians can rest assured that the liberal-egalitarian tax-based model, through its ex-ante implementation, will require no prying state eyes. States that provide universal healthcare coverage and wish to condemn certain misconduct do not need to become overly intrusive to carry out measures to hold individuals accountable. b. Fairness Another libertarian worry regarding the guarantee of universal healthcare coverage in the context of lifestyle-driven diseases is that the public will be burdened unfairly with covering others’ ill-advised mistakes or bad luck. An ideal system to address this worry would link treatment or payment for treatment with whatever behavior caused that need.[20] The distribution of burdens should be linked to how different individuals contributed to the creation of those burdens. Applied to health policy, we should ask how the need for a certain treatment arose when determining how to distribute its cost.[21] The liberal-egalitarian model aspires to hold individuals responsible for their choices, not for the consequences of such choices. This model significantly mitigates the libertarian worry over unfair burdens for covering other people’s mistakes or social conditions, which lead to those bad outcomes, by ensuring to not burden others with any of the costs for the treatment of people who decide to engage in certain health-adverse behaviors. The aforementioned taxation-based system would only tax those who also engage in the health-adverse behavior through consumption, and that tax directly pays for the necessary collective treatment. As such, those who do not consume the good are not involved with the payment scheme, while those who do consume the good are responsible for payment in a matter proportional to the amount of the good they have consumed. Vl. Universal Coverage Taking a step back, one should consider whether these worries regarding the coverage of apparently self-inflicted health conditions in the context of universal healthcare are worthwhile issues. One perspective raises what is called the culturally imagined objection — an idea erroneously held by many that sick people, especially those who are poor and uneducated, bring these illnesses upon themselves due to poor decision-making and irresponsible risk-taking.[22] This perspective critiques the uniquely American view that, since individuals are free to choose their lifestyles, they should bear the costs of their lifestyle.[23] Taking this argument further, some (perhaps the strongly libertarian) would say that the poor health status among many individuals is the price individuals must pay for their American way of life and the liberty and freedom to live as they wish. However, people should not completely punish individuals for their health-adverse behaviors because these choices are largely pre-determined by a person’s socioeconomic influences.[24] The outcomes from these allegedly ill-advised behaviors, which largely affect poorer people, are not just poor behavior but rather a public health crisis. Perhaps the state and its people should take collective responsibility and cover the costs of treatment for those health outcomes without question, as a form of public service. Rather than worrying about accountability and taxing bad behavior or intrusiveness into personal decisions, some might argue that people need to collectively take responsibility for reducing the overarching systemic inequalities and covering the associated treatment costs as a measure of public health. Vll. Proposed Solution Given the strengths of the liberal-egalitarian model and taking into account libertarian and social justice-oriented objections, an ideal solution for the coverage of lifestyle-related health problems needs to consider the complex relationship between a person’s behaviors and their apparent health outcomes. It must consider how society as a whole passes judgment on behaviors and how to take into account that many health-adverse decisions are not truly autonomous decisions, as various genetic and socioeconomic factors influence them. An ideal solution combines the liberal-egalitarian tax-based model with the social justice concerns of universal coverage. Whatever the cost for the treatment of medical issues resulting in part or entirely from lifestyle and diet, taxes collected from spending associated with the behavior (like the purchase of alcohol, junk food, and cigarettes) ex-ante should fund 50 percent of the cost of treatment, while the universal healthcare taxation scheme should include the other 50 percent. Such a system would provide an incentive to avoid the purchases that can lead to unhealthy consumption and make healthier choices, slightly punish and discourage such purchases through taxation, yet not overly punish people whose outcomes may have more to do with socioeconomic factors and genetics. Adding public responsibility demonstrates acknowledgement that health care is in the public interest and can mitigate public health inequalities. This solution would fuse personal responsibility with the public responsibility of state-sponsored social improvement while ensuring that all people have fair access to necessary treatment, no matter their ability to pay. CONCLUSION The 50-50 system this paper proposes reflects both justice and personal responsibility in covering healthcare costs allegedly brought about by people’s own health-adverse behaviors. By allocating tax revenue from consumption that contributes or even alone causes poor health outcomes, such a system incorporates personal responsibility. By using general tax revenue for health care, such a system would meet the libertarian requirement of providing care without any moral investigation of past behaviors and the social justice consideration of providing health care to those who may have unwittingly ventured into ill-health due to systemic injustice, socioeconomics, or genetics. - [1] Cappelen, A. W. (2005). Responsibility in health care: A liberal egalitarian approach. Journal of Medical Ethics, 31(8), 476–480. https://doi.org/10.1136/jme.2004.010421 [2] Moss, A. H. (1991). Should alcoholics compete equally for liver transplantation? JAMA: The Journal of the American Medical Association, 265(10), 1295–1298. https://doi.org/10.1001/jama.1991.03460100097032 [3] Moss, p. 1295-1298. [4] Moss, p. 1296. [5] Moss, p. 1295-1298. [6] Moss, p. 1295-1298. [7] Cohen, C. IS THIS SUPPOSED TO BE COHEN AND BENJAMIN (1991). Alcoholics and liver transplantation. JAMA: The Journal of the American Medical Association, 265(10), 1299–1301. https://doi.org/10.1001/jama.1991.03460100101033 [8] Cohen, p. 1299-1301. [9] Moss, p. 1297. [10] Cohen, p. 1300. [11] Cappelen, p. 478-480. [12] Cappalen, p. 478-480. [13] Cappelen, p.479. [14] Cappelen, p. 479. [15] Cappelen, p. 479 [16] Cohen, p. 1301. [17] Cappelen, p. 478. [18] Cohen, p. 1299-1301. [19] Cohen, p. 1301. [20] Cappelen, p. 476-480. [21] Cappelen, p. 476-480. [22] Kawachi, I. (2005). Why the United States is not number one in Health. Healthy, Wealthy, and Fair, 18–33. https://doi.org/10.1093/acprof:oso/9780195170665.003.0013 [23] Kawachi, p. 18-33. [24] Kawachi, p. 18-33. (shrink)

This book provides a general theory of democratic inclusion for the present world. It presents an original contribution to our understanding of the democratic ideal by explaining how democratic inclusion can apply to individuals in a variety of contexts: the workplace, social clubs, religious institutions, the family and, of course, the state. The book explores the problem of democratic inclusion, what it means to be subject to de facto authority, how this conception translates into legal systems (...) and the relationship between territorial claims by the state, and law's claim to legitimate authority. The volume will be of interest to scholars and researchers of politics, especially political theory and democracy. (shrink)

ABSTRACT:Globalization has brought increased attention to the notion that labor rights such asfreedom of association—the right of workers to organize a union—are fundamental human rights. However, the vigorous opposition to freedom of association by US firms is largely ignored in the business ethics literature and exacerbated by compensatory corporate citizenship rating mechanisms that tend to mask labor rights deficiencies. I argue that because freedom of association is a hypernorm, instrumental to fully realizing basic human (...) class='Hi'>rights, labor rights and human rights are largely inseparable. Thus, respect for labor rights is a non-substitutable requisite of corporate citizenship. I conclude by providing examples of corporate labor relations strategies that respect freedom of association and business firms that are leading the way. (shrink)

European citizenship is a nested membership in a multilevel polity that operates at member state and union levels. A normative theory of supranational citizenship will necessarily be informed by the EU as the only present case and will be addressed to the EU in most of its prescriptions, but should still develop a model sufficiently general to potentially apply to other regional unions as well. The Article first describes three basic characteristics of such a polity — democratic representation at (...) the supranational level, internal freedom of movement between member states, and regional limits to external geographic expansion — and argues that a multiplication of such regional unions would contribute to a more just and peaceful international order. Building on this modification of Kant’s model for a global confederation of republics, the contribution explores three alternative approaches for strengthening democratic citizenship in the European Union: a statist approach that aims at transforming the EU into a federal state, a unionist approach whose goal is to strengthen union citizenship vis-a`-vis member state nationality, and a pluralist one that specifies citizenship norms for each level and balances them with each other on the basis of the current state of federal integration. These approaches are then compared with regard to their implications for three policy questions: general status differences and inequality of rights amongst EU citizens living in their country of nationality, EU citizens residing in other member states, third-country nationals, and EU citizens residing outside the territory of the Union; voting rights in European, national, and local elections; and access to Union citizenship and to member state nationality. (shrink)

Should refugees receive political rights in liberal democracies? I argue that they should. Refugees are special – at least when it comes to claims towards democratic inclusion. They lack exit options and are significantly impacted by decisions made in liberal democracies. Enfranchisement is a matter of urgency to them and should occur on a national level. But what justifies the democratic inclusion of refugees? I draw on the all-subjected principle in arguing that all those subjected (...) to rule in a political unit should have a say in such rule. I show that refugees cannot be denied democratic inclusion based on the argument that transients should be excluded from participation. Refugees are not transients. Finally, I show that naturalization is not a prerequisite for enfranchisement. Political rights and citizenship can be had independently of each other. Refugees, then, should be nationally enfranchised as soon as they receive refugee status. (shrink)

This book is a collection of twelve new essays on the topic of Kant's account of citizenship, the first book-length text on this topic. It features an international cast of leading scholars who specialize in Kant's ethics, philosophy of religion and political philosophy. The contributors connect Kant's philosophy with contemporary issues concerning citizenship, including the moral grounds of citizenship rights, the relation between citizenship, human rights and dignity, civic virtues, citizenship in the ethical commonwealth, in particular the moral (...) function of religious rituals, the link between ethical duties and faith, and the relation between religious freedom and political power, democratic participation, the legitimacy of international courts, just war theory, cosmopolitanism, and the contemporary relevance of a Kantian account of citizenship. The topic is of interest given some of the currently urgent citizenship-related challenges that we are facing today. Kant's account of justice stipulates that, in a fair and peaceful world, the legal framework that establishes rights and obligations should be effective at national, international and cosmopolitan levels. Kant's legal and political philosophy also features the unique combination of a realistic appraisal of the human condition and powerful normative recommendations concerning action and principles of ethics and law. Together with Kant's emphasis on the requirement of consistency, the approaches discussed in the volume are better able to orient thinking and guide action for currently urgent ethical, legal, political and social problems. Kantian Citizenship will appeal to scholars and graduate students working on Kant's legal and political philosophy, as well as scholars from other fields who are interested in legal philosophy and the politics of citizenship. (shrink)

In recent work, Rawls, Nozick, and the ?democratic?socialist? theory of Markovi? and Gould, attempt to ground rival models of just economic relations on the basis of conflicting interpretations of human freedom. Beginning with a philosophical conception of humans as essentially free beings, each derives a different system of basic rights and freedoms: (1) the familiar democratic civil and political rights of citizenship in the West (Rawls); (2) the classical bourgeois market freedoms ? ?life, liberty, and (...) property? (Nozick); and (3) democratic socialist rights of self?management of the work?place (Gould and Markovi?). I argue that each of these theorists implicitly assumes a different but ungrounded ?social paradigm of human agency? concerning the particular forms of human choice which are singled out as most important for a free, human life. None of these theories contains the methodological resources for showing why the forms of human agency it ?emancipates? are more important than the forms it suppresses or ignores. In order to overcome this impasse and provide a way of evaluating such rival paradigms of free agency, I elaborate a methodology based on the idea that a free society must provide its members with ?equality in the social bases of self?respect?. I use this methodology to argue that all three of the above conceptions are blind to problems of human agency, freedom, and dignity posed by the modern phenomena of welfare dependency, unemployment, and a self?stultifying division of labor. (shrink)

As with terms such as “human rights”, “democracy”, and “equality”, the notion of “freedom” has an emblematic character with highly normative overtones. After the declaration of universal human rights, one might argue that freedom is – at least formally – a universal entitlement belonging to every human being. However, this universalist structure is built upon a conflictual foundation, as the juridico-political meaning of freedom is determined by the boundaries of national citizenship, statehood, and territorial sovereignty. (...) This chapter examines refugeehood as a normal by-product of the post-colonial world order, embodying the counter-history of nation-states whose internal borders, walls, and external fortifications are growingly being militarised and reinforced. Refugeehood represents an anomalous juridico-political condition that cannot be elucidated by colonial-racial binaries such as inclusion versus exclusion or rightlessness versus national citizenship. The central idea of this chapter is that, for refugees, the meaning of freedom and unfreedom are intertwined and should be approached as a dynamic relationship characterising the state of (non)-subjectivity. As political (non)-subjects, refugees call structural determinations of unfreedom into question. Refugees’ freedom is expressed in the act of flight and border crossing, irregular migratory movement, language games of resistance, and other emancipatory signifying practices by which they claim a place of refuge in the world. (shrink)