A new Arrovian impossibility is obtained without invoking independence of irrelevant alternatives type assumptions. The new conditions leading to the impossibility are based on the concept of power of enforcement, and specify how this power can (see A3) or cannot be expanded (see A1, A2 and A4).

The work of Foucault on liberal government, and that of his followers, is subject to two dangers. The first is to regard the critical character of liberalism (as governing through freedom) as providing safeguards against the despotic potentials of biopower and sovereignty. The second is to regard these heterogenous powers of life and death as somehow simply relocated or reinscribed within the field of liberal governmentality. The latter point is a major methodological error; the former closes the gap between the (...) analytics of government and the normativity of liberalism itself. By working through these dangers, our understanding of the ethos of liberal government is transformed. That ethos today requires us to link governing through freedom to the powers of life and death, the exercise of choice to the sovereign decision, the contract to violence, economic citizenship to moral discipline and obligation, and rights and liberties to enforcement. (shrink)

This paper outlines a realist approach to the social ontology of discourse. It seeks to synthesise some elements of the approach to discourse found in the early work of Michel Foucault with a critical realist understanding of the causal power of social structures. It will argue that discursive structures can be causally significant when they are normatively endorsed and enforced by specific groups of people; that it is not discourse as such but these groups—discursive circles—that are causally effective; and (...) that such an account allows us to reconcile the role of discourse with that of the subject. (shrink)

The advent of sales over the Internet has led to interesting developments in sales tax policy as states attempt to monitor, control, and collect revenue from illusive Internet tobacco vendors. Tobacco sales have been successfully monitored and regulated, to some extent, in convenience stores, grocery stores, and smoke shops, and in most cases sales taxes are collected. The Internet, however, is extremely difficult to regulate. States could use their regulatory powers to ban the sale of products such as tobacco and (...) alcohol over the Internet, but enforcement would be nearly impossible.The issue of enforcement of Internet sales is extremely difficult. Keeping the products out of the wrong hands, under aged children for example, is difficult. Also, it is difficult in terms of tax policy. (shrink)

My paper will explore boundaries and rights, the public and the private, as to the enforcement of religious legal rules in societies self-consciously founded on Islamic law. I employ as my case-study legal and social controversies aroused by the Saudi Hay’at al-amr bi-al-ma`ruf wa-al-nahy `an al-munkar, the government agency charged with “ordering the good and forbidding the evil.” The paper will first lay out some of the laws fixing the powers of the Hay’at, including various statutes issued by the (...) king but, of equal or greater importance, the received medieval fiqh rules governing the muhtasib . Focus shall be on an issue much debated in the classical law and also a long-time bone of contention in Saudi society, namely the legal limits on the powers of the Hay’at to investigate and punish immoral acts occurring in private. Limits on such powers stem from two sources, both in the law and in social understandings of that law. One source, the more prominent in public debate, concerns revelatory and fiqh and related social norms against spying or prying into people’s behavior and against undue attempts to expose people’s sins. Notably, however, this restriction affects only enforcement. The pervasiveness of laws considered to arise from the relationship of the individual to God still stands. A solitary immoral act performed in privacy can still be a sin and a crime, and punishable if it is somehow legitimately known and proved . The second source of restrictions is more far-reaching, going beyond issues of investigation and proof. As held by the majority of scholars, the Hay’at may not compel or forbid any actions for which the religious-legal ruling is under classical law a matter of legitimate difference of scholarly opinion; or inversely, the Hay’at may compel or forbid only those actions as to which there is a divine command known to a certainty either from a revealed text or from the consensus of scholars. A commonly noted abuse by the Hay’at in Saudi Arabia has been to attempt to enforce rules lacking requisite certainty, such as requiring veiling of the face. Rules known to a certainty have a pervasive role in Islamic constitutional theory. In principle, such rules must be enforced, regardless of whether they concern matters other societies may consider individual or private, such as changing one’s religion. Rules lacking that high degree of certainty cannot – without separate justification on grounds other than religious text – define sins or crimes or be enforced as general rules by the state. Though seemingly scholastic and philosophical, this restriction is potentially crucial in defining a realm of individual autonomy in religious matters and shaping the boundary between public and private in societies self-consciously founded in Islamic law. It is important to examine to what extent the restriction is reflected in legal and social practice in such societies. (shrink)

In contemporary democracies, global capitalism exerts a significant influence over how state power is exercised, raising questions about where political power resides in global politics. This question is important, since our specific considerations about justifiability of political power, i.e. political legitimacy, depend on how we characterize political power at the global level. As a partial answer to this question, I argue that our notion of global political legitimacy should be reoriented to include the structural power (...) of the Transnational Capitalist Class as its subject matter. Structural power is a social relation in which the institutional context makes some agents comply with others’ preferences regardless of actors’ intentional efforts to bring about such outcomes. Even when global business elites do not intentionally exercise power to obtain political control of global governance, their structural power has recognizable effects that partly enforce the world order. To advance my claim, I utilize the radical realists’ argument that the notion of legitimacy is applicable to a broader range of social practices that are beyond dyadic power relations, i.e. rulers intentionally exercising power over subjects. (shrink)

Awareness of the morally significant distinction between research and innovative therapy reveals serious gaps in the legal provision for compensation in the UK for injured subjects of medical research. Major problems are limitations inherent in negligence actions and a culture that emphasises indemnifying researchers before compensating victims. Medical research morally requires compensation on a no-fault basis even where there is proper consent on the part of the research subject. In particular, for drug research, there is insufficient provision in the current (...) patient guidelines of the Association of the British Pharmaceutical Industry, since they make "no legal commitment" to paying compensation for injury to patient subjects. There is a need for the provision of both adequate insurance and contractual arrangements for making payments. The solution is for Local Research Ethics Committees (LRECs) to make use of their power to withhold approval of medical research where compensation is not legally enforceable. (shrink)

The traditional understanding of coercion as exemplified by the use of force and violence to constrain the actions of agents has been challenged by theories that describe coercion instead in terms of the pressure it puts on some agents to act or refrain from acting. Building on earlier work defending the traditional understanding and rejecting the ‘pressure’ accounts of coercion, I argue in this paper that the traditional understanding of coercion, which I dub ‘coercion as enforcement’, provides a helpful (...) analytic tool for identifying coercion in peripheral cases, and thereby supporting the theoretical implications that are supposed to follow from the claim that someone has been coerced. In particular I analyze the coerciveness of the practices of credit-card issuers and institutions of higher education, and the demands by Greece’s creditors that the Greek government institute fiscal austerity, or else leave the European Monetary Union. (shrink)

The events of the beginning of the millennium have made it necessary to try to find a new philosophical sense of power enforcement as a social phenomenon. Conceptualization of the phenomenon involves its all-round consideration both as activity itself and social practice as its variety. The role of power enforcement in the life of the society, its social determinants, and its correlation with culture and state should also become a part of thorough comprehension. Power (...) class='Hi'>enforcement as a variety of social practice is on the one hand aimed at forcible acquisition of products, territories, but on the other hand it is counteraction to it. Power enforcement, due to constant shortage of resources for subsistence, has always played a very important role in the course of historical development. It can be violent or nonviolent. Violent variety of power enforcement is the one, which purposes are parasitical and the means are illegal. Power enforcement has always been a corporate part of life of the human society; therefore it is not going to disappear forever. To neglect this fact means to have an inexcusable illusion. Under conditions of globalization, increasing of violent threats of unmilitary nature and in the first place the threat of terrorism is a peculiarity of the present day power enforcement. At the same time the threat of full-scale wars doesn’t seem to weaken but to some extent it is growing. The mission of philosophers is tounderstand these threats and to seek the ways to prevent them. (shrink)

Many recent theories of coercion broaden the scope of the concept coercion by encompassing interactions in which one agent pressures another to act, subject to some further qualifications. I have argued previously that this way of conceptualizing coercion undermines its suitability for theoretical use in politics and ethics. I have also explicated a narrower, more traditional approach—“the enforcement approach to coercion”—and argued for its superiority. In this essay, I consider the prospects for broadening this more traditional approach to cover (...) some cases that don’t seem to fit this approach, but nonetheless seem coercive, such as the demands routinely made on people by credit card companies, demands on students by higher educational institutions, and demands made by European financial institutions on the government of Greece. I analyze the similarities and differences of these compared to more central cases of coercion, discussing what lessons can be drawn from this analysis. (shrink)

Crowdsourced regulation has been discussed to date by legal and social science scholars mainly in the context of legislation and rulemaking, without paying sufficient attention to non-legislative regulatory functions. This article provides a richer theory of crowdsourced regulation which extends to all regulatory functions, focusing on monitoring and enforcement. Regulatory agencies worldwide harness the power of the public using digital platforms to carry out monitoring and enforcement tasks in regulated markets and sectors. For example, agencies operate online (...) complaint databases that invite the public to report mistreatment of consumers and environmental nuisances by regulated firms. Agencies also publish information concerning corporate misbehavior to publicly shame companies into compliance. Crowdsourcing regulatory monitoring and enforcement can help minimize some prominent ailments of the regulatory task, such as poor resources, diminishing deterrence, declining legitimacy, and capture. It can also promote goals and values such as public participation, increased transparency, public trust in regulators, administrative efficiency, and effectiveness in achieving regulatory objectives. However, crowdsourcing regulatory monitoring and enforcement is subject to a new set of legal, administrative, and democratic failures that need to be acknowledged and addressed. The article develops a theory of crowdsourced regulation that supplies justifications and rationales for crowdsourced regulatory monitoring and enforcement, points out its main pitfalls, and normatively evaluates law and policy implications. (shrink)

Environmental law and environmental protection have long been portrayed as requiring tradeoffs between incompatible ends: "jobs versus environment;" "markets versus regulation;" "enforcement versus incentives." Behind these views are a variety of concerns, including resistance to government regulation, skepticism about the importance or extent of environmental harms, and sometimes even pro-environmental views about the limits of Earth's carrying capacity. This framework is perhaps best illustrated by the Trump Administration, whose rationales for a host of environmental and natural resources policies have (...) embraced a zero-sum approach, seemingly preferring a world divided into winners and losers. Given the many significant challenges we face, does playing the zero-sum game cause more harm than good? And, if so, how do we move beyond it? This book is the third in a series of books authored by members of the Environmental Law Collaborative (ELC), an affiliation of environmental law professors that began in 2011. In it, the authors tackle the origins and meanings of zero-sum frameworks and assess their implications for natural resource and environmental protection. The authors have different angles on the usefulness and limitations of zero-sum framing, but all go beyond the oversimplified view that environmental protection always imposes a dead loss on some other societal value. (shrink)

This article investigates the political impact of collective story-telling practices in the enforced disappearances from a Foucauldian perspective. I utilize two main theoretical frameworks: on the one hand, that of necropolitics, a kind of power that works on the management of death. On the other hand, that of genealogy as a type of history that mobilizes subjugated knowledges. The first part situates these stories within the framework of genealogy: subjugated knowledges that are buried and disqualified as a part of (...) the work of necropolitics. The second part argues that a Foucauldian genealogical approach to these stories is insufficient: necropolitical archives, when they testify to the work of power, remain incomplete at best and actively erase more often. The third part analyzes these stories as examples of critical fabulation. What is at stake in the insistence of the people searchers to tell their stories, I argue, is the collective emergence of another kind of fable – an act of fabulation in line with what Saidiya Hartman calls “critical fabulation,” which multiplies the possibilities of the present and the past by precisely telling stories of ‘nothing.’. (shrink)

The article presents the results of an analysis of perceptions of migrants in press releases and regulatory documents of law enforcement and civil government agencies. We considered these texts within the framework of a "soft" constructionist approach, as a tool for problematizing the social process and one of the key ways of producing the discourse of power. The purpose of the study was to use a combination of quantitative content analysis and discourse analysis to identify the "equivalence chains" (...) that give meanings to the nodal sign "migration" in the texts of power. The objectives of the study were to collect a text array relevant to the topic and determine the social context in which the migrant is placed: the spaces in which they are present, the actions of which they are the subject and object. In most of the 548 texts reviewed, the migrant is presented as a suspicious, impersonal object of state paternalism. The most extensive category of social actions in which a migrant acts as a subject are crimes, mainly related to violation of the regime of stay in the Russian Federation. The most common actions committed against a migrant are inspections and raids, as well as various kinds of punishment. The subject of action against a migrant in regional government texts is not the Main Directorate for Migration Affairs of the Ministry of Internal Affairs of the Russian Federation, but the Main Directorate for Public Order Maintenance, the Prosecutor's Office of the Russian Federation, and the courts. The article proposes a hypothesis according to which law enforcement agencies use press releases simultaneously as a way to problematize migration and maintain public attention to it. Having monopolized the problem, the Ministry of Internal Affairs, the Prosecutor's Office, and the courts use it to repeatedly "sell" this issue to the public through the only tool available to them - symbolic and physical violence. (shrink)

Many reports independently confirm that even more than a quarter of a century after the collapse of the Soviet Union, the results of research and development in those countries that were under its influence are insufficient in comparison to the rest of the world. Given that human intelligence is not distributed unevenly and that science is a powerful driving force for the future of an economy, there is a hidden problem, which, if it can be resolved, may release great economic (...) potential. The first generation of researchers from Armenia, Czech Republic, Georgia, Slovakia and Ukraine, who successfully completed their education after the political revolution, were surveyed. The survey revealed many similarities with regards to ethics, but that there is mounting evidence that the main cause of the current situation is the state of the local legal systems. The conclusion was drawn that a conceptual change in staffing within the relevant legal systems is required to release potential and stimulate wealth creation. (shrink)

It is not uncommon for a treatment of rights to be treatment against power with some concession to the responsibilities that a tutelary of rights enjoys. We owe it to legal philosophers of the Scholastic persuasion who recognized rights as the entitlements that allow a person to fulfill duties— whether these arise from nature or from contract. In this sense rights were subordinate to and enjoyed for the sake of duties that one had. One may debate this way of (...) putting things, but it had the marked advantage of clarity and showed the internal connection between rights and duties. Also in the scholastic anatomy of rights, there was such a thing as the “term” of the right—he against whom the right could be claimed, and therefore he or she upon whom a duty was incumbent to desist from transgressing the right of the tutelary. In this sense a “right to” was concomitantly “power against,” but power, in the sense of claim or entitlement. For the power to enforce, one had to look to what scholastic philosophers called the “title” of the right—and this could be natural law, positive law that, of course, included contracts. I do not think that this was bad at all, but I would like to pick up the subject today by paying attention to two leading figures: Paul Ricoeur and Jürgen Habermas. (shrink)

Information and communications technology (ICT) is now used more by non-IT professional end-users than by IT professionals. A survey of 125 London-based organisations found that the majority had instituted codes of conduct designed to govern the use of ICT by their employees. However, the primary purpose of adopting such codes was to ensure the security and efficient operation of the organisation's information systems rather than for wider ethical considerations. Hence, few of the codes of conduct addressed issues relating to the (...) collection, storage and dissemination of data about individuals (personal data); this was especially the case with codes emanating from IT departments rather than senior management. In general, codes of conduct were found to be ineffective in influencing end-user behaviour in the organisations surveyed. Codes of conduct are a means by which organisations seek to exercise power, control and ownership, but their effectiveness is compromised by the nature of ICT itself as well as the attitudes of employees. The failure of well-publicised ethical policies to influence use of ICT by business studies students – the managers of tomorrow – suggests that these tensions are likely to remain unresolved. (shrink)

Belgium's policy of not permitting Catholic hospitals to refuse euthanasia services rests on ethical presuppositions concerning the secular justification of political power which reveal the paradoxical character of European liberalism: In endorsing freedom as a value (rather than as a side constraint), liberalism prioritizes first-order intentions, thus discouraging lasting moral commitments and the authority of moral communities in supporting such commitments. The state itself is thus transformed into a moral community of its own. Alternative policies (such as an explicit (...) moral diversification of public healthcare or the greater tolerance for Christian institutions in the Netherlands) are shown to be incompatible with Europe's liberal concern with securing social and material freedom resources, as well as the concern with equality of opportunity, as embodied in the European Union's anti-discrimination labor law. The essay's argument for the preferability of a libertarian solution closes with the challenge that only if the provision of public healthcare can be shown to be rationally indispensable for a morally justified polity, could the exposed incoherence of modern European liberalism be generously discounted. (shrink)

In this provocative analysis of historical narrative, Michel-Rolph Trouillot demonstrates how power operates, often invisibly, at all stages in the making of history to silence certain voices. From the West's failure to acknowledge the Haitian Revolution, the most successful slave revolt in history, to the continued debate over denials of the Holocaust, and the meaning of Columbus's arrival in the Americas, Trouillot shows us that history is not simply the recording of facts and events, but a process of actively (...) enforced silences, some unconscious, others quite deliberate. (shrink)

Natural deduction systems were motivated by the desire to define the meaning of each connective by specifying how it is introduced and eliminated from inference. In one sense, this attempt fails, for it is well known that propositional logic rules underdetermine the classical truth tables. Natural deduction rules are too weak to enforce the intended readings of the connectives; they allow non-standard models. Two reactions to this phenomenon appear in the literature. One is to try to restore the standard readings, (...) for example by adopting sequent rules with multiple conclusions. Another is to explore what readings the natural deduction rules do enforce. When the notion of a model of a rule is generalized, it is found that natural deduction rules express “intuitionistic” readings of their connectives. A third approach is presented here. The intuitionistic readings emerge when models of rules are defined globally, but the notion of a local model of a rule is also natural. Using this benchmark, natural deduction rules enforce exactly the classical readings of the connectives, while this is not true of axiomatic systems. This vindicates the historical motivation for natural deduction rules. One odd consequence of using the local model benchmark is that some systems of propositional logic are not complete for the semantics that their rules express. Parallels are drawn with incompleteness results in modal logic to help make sense of this. (shrink)

In recent years, there has been renewed interest in the question of when, if ever, the state may use coercion to enforce majority views about what types of conduct are right or wrong, noble or base, decent or indecent. Such interest has been generated by both political and philosophibal pressures. In recent political history, controversies over such issues as abortion, homosexuality, pornography, textbooks in schools, new reproductive technologies such as surrogate parenting and in vitro fertilization, and faith healing have focused (...) attention on the role of the state in supporting or opposing various moral views. In political philosophy, often a theoretical reflection of the political debates of the time, we have seen renewed attempts to provide a satisfactory foundation for traditional liberal views of the legitimate scope of state power. In particular, there has been an emphasis on the neutrality of the liberal state and the right of individuals to be treated as equals by the state. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.3 (2002) 399-424 [Access article in PDF] Representation and the Body of Power in French Academic Painting Amy M. Schmitter [Figures] Reputation of power, is Power... Hobbes, Leviathan, Bk. I, ch. x Introduction It seems natural, even obvious, to distinguish between representations and what they are representations of. A picture of a dog is no more a dog than the (...) word "dog" is a furry, tail-wagging mammal. Nor are properties belonging to the object of a representation necessarily properties of the representation: a picture of a big dog need not be big, a picture of a dog that resembles Fido need not resemble Fido; even a picture of brown Fido need not be brown. And no number of pictures of Fido will sympathetically induce changes in Fido or any other dog. But however clear-cut this distinction may be when what is in question are pictorial references to ordinary, middle-sized material particulars such as dogs, it is much less clear in other cases. It is no violation of common-sense to consider "representations" of such things as gender norms or national identities or selves as non-neutral in the face of what they represent. The representations of gender norms, for example, can extend and enforce them, can change or undermine them, and may well lend a hand in constituting them in the first place.My theme here is a form of pictorial representation, one found in the theory and practice of that strain of French Academic painting under Louis XIV associated with Charles LeBrun. LeBrun held the titles of First Painter to the King and Director of the French Royal Academy of Painting, and the works I will examine were devoted to the royal power. That one effect of royal power is the ability to command resources and to cause the proliferation of representations, especially flattering representations, is no surprise. But I intend to suggest something stronger: not only did these Academic representations present an expenditure [End Page 399] of royal power, they were meant to embody and therefore extend royal power—even to constitute royal power. The view under examination does not simply collapse the common-sense distinction between signifying properties and what is signified; indeed those relations play an important role in one concept of representation modeled on language and written texts. But to this the academicians added another, more robust concept, one that does not distinguish clearly between the representation and its object.Implausible as this view may seem at first blush, I think it can prove genuinely explanatory: explanatory for thinking about pictorial representation, about how it can operate (on both its object and its viewer), and about its relation to power. But to see its explanatory value demands considering the nature and needs of state power. For unlike middle-sized material particulars, state power requires recognition to exist. Although that recognition need not be explicit, conscious, or voluntary, it must be widespread, and pictorial representations can be a powerful device for eliciting such recognition. Yet state power in general— or at least the particular form in question here—may demand that the constitutive role of recognition be disguised. Indeed many of the views and concepts of pictorial representation developed by the Academy reverse the dependence of power on recognition; they function in an ideology of representation. Nonetheless, I think that certain "formal," or structural, features of LeBrun's works can be explained in terms of how they elicit recognition and constitute this particular form of royal power. I make no claim that LeBrun's works must be explained so: for one, the royal power represented by LeBrun's works is long gone, and his representations do not now have any miraculous power to raise the dead. For any representations actually to operate as I suggest requires the support of a whole complex of institutions and activities committed to the care and feeding of state power. It is only because such a complex did exist that LeBrun's representations could have a recognizable object, i... (shrink)

In the essay “Police Power: The Biopolitical State Apparatus and Differential Interpellations,” Banu Bargu developed the notion of the Biopolitical State Apparatus (BSA). This essay deploys Bargu’s notion of the BSA within what it claims is a militarized police power in the Philippines during the COVID-19 pandemic. Illustrating how the functioning of militarized police power underpins the implementation of public-health policy and the enforcement of laws that complement such power, the essay will further demonstrate through (...) the BSA concept what police power says about the state under the Duterte regime, how this regime relates to the state of exception and posttruth politics, and how its policing operates in contrast to other states. (shrink)

Civil proceedings do not terminate after adoption of a court decision. The enforcement of a material subjective right requires the second stage of legal defence, i.e., compulsory enforcement of a court decision. State courts are authorised to adopt decisions on behalf of the state and to ensure compulsory enforcement of an adopted court decision. Although enforcement proceedings constitute the final stage of civil procedure, it has some specific features, e.g., the representation in enforcement proceedings is (...) distinctive. The article analyzes application of this institute in enforcement proceedings: the subjects eligible to act as representatives in enforcement proceedings, the order of execution of their powers, and the problems of adjudicating remuneration for representation in enforcement proceedings. (shrink)

In this article, the right to health is discussed as a social right and an essential requisite in the construction and guarantee of human rights, more precisely human dignity, considering this right as a complex but effective process in the transformation of the social reality. In the first place, the activities of the public power and its difficulties to guarantee universal access to health are highlighted. This scenario ends up inhibiting the practice of the right to health and prevents (...) users from enjoying and using it. In that sense, this article challenges and explores some alternatives to solidify and put in practice the right to health in Brazil. Departing from the analysis of the Unified Health System (SUS) and social participation in Brazil, this article discusses the judicialization of health in the country, highlighting the difficulties the State faces to equitably offer universal healthcare to society. This context offers an opportunity for reflection and a paradigm change, from the “judicialization of health” to the “judicialization of health policies.” Finally, the public health policies adopted by other countries are emphasized, in the attempt to construct the empowerment of human beings in the practice of their rights, particularly social participation and the discussion about the States’ responsibility to put their citizens’ right to health in practice. In conclusion, the political and collective construction of the right to health needs to be encouraged, distinguishing the legitimate interests of the different interlocutors involved. (shrink)

This paper provides strong evidence challenging the self-interest assumption that dominates the behavioral sciences and much evolutionary thinking. The evidence indicates that many people have a tendency to voluntarily cooperate, if treated fairly, and to punish noncooperators. We call this behavioral propensity “strong reciprocity” and show empirically that it can lead to almost universal cooperation in circumstances in which purely self-interested behavior would cause a complete breakdown of cooperation. In addition, we show that people are willing to punish those who (...) behaved unfairly towards a third person or who defected in a Prisoner’s Dilemma game with a third person. This suggests that strong reciprocity is a powerful device for the enforcement of social norms involving, for example, food sharing or collective action. Strong reciprocity cannot be rationalized as an adaptive trait by the leading evolutionary theories of human cooperation (in other words, kin selection, reciprocal altruism, indirect reciprocity, and costly signaling theory). However, multilevel selection theories of cultural evolution are consistent with strong reciprocity. (shrink)

In this article, the right to health is discussed as a social right and an essential requisite in the construction and guarantee of human rights, more precisely human dignity, considering this right as a complex but effective process in the transformation of the social reality. In the first place, the activities of the public power and its difficulties to guarantee universal access to health are highlighted. This scenario ends up inhibiting the practice of the right to health and prevents (...) users from enjoying and using it. In that sense, this article challenges and explores some alternatives to solidify and put in practice the right to health in Brazil. Departing from the analysis of the Unified Health System (SUS) and social participation in Brazil, this article discusses the judicialization of health in the country, highlighting the difficulties the State faces to equitably offer universal healthcare to society. This context offers an opportunity for reflection and a paradigm change, from the “judicialization of health” to the “judicialization of health policies.” Finally, the public health policies adopted by other countries are emphasized, in the attempt to construct the empowerment of human beings in the practice of their rights, particularly social participation and the discussion about the States’ responsibility to put their citizens’ right to health in practice. In conclusion, the political and collective construction of the right to health needs to be encouraged, distinguishing the legitimate interests of the different interlocutors involved. (shrink)

This essay differentiates two approaches to understanding the concept of coercion, and argues for the relative merits of the one currently out of fashion. The approach currently dominant in the philosophical literature treats threats as essential to coercion, and understands coercion in terms of the way threats alter the costs and benefits of an agent’s actions; I call this the “pressure” approach. It has largely superseded the “enforcement approach,” which focuses on the powers and actions of the coercer rather (...) than the perspective of the coercee. The enforcement approach identifies coercion with certain uses of the kinds of powers that agents need to accumulate and wield in order to be able to make significant, credible threats. Though there is considerable overlap extensionally in the instances of coercion recognized by the two approaches, the enforcement approach encompasses some uses of power to coerce that do not involve threats . It also circumscribes which threats should be counted as coercive, though notably it provides a picture of coercion that is non-moralized in its essentials. While there may be specific purposes for which a pressure account is to be preferred, I argue that the enforcement approach better describes how coercion works, and elucidates factors that are often tacitly assumed by pressure accounts. It also is more useful for explaining the social and political significance of coercion, and why coercion is thought to have the implications commonly associated with it. In particular, I argue that it helps us understand why uses of coercion are in general a matter of ethical significance, why state authority depends on commanding a monopoly on the right to use coercion, and why being coerced may reasonably provide one a defense against being held responsible for actions one is coerced into taking. (shrink)

Under the Lithuanian legislation, current and future spouses are allowed to sign marital agreements by which their property rights and obligations are set. However, it underlines that in some cases the court may declare the whole agreement or some of its terms unenforceable. The legislator does not specify which particular terms may be declared unenforceable. Therefore, the implementation of the spouses’ right to choose the terms they want is put under doubt. As a result, it is very important to find (...) out the circumstances and the criteria that should be evaluated before a marital agreement or some of its terms are declared unenforceable. Under the Lithuanian legislation, the validity of a marital agreement is considered only at the moment it is signed. However, it is not the case in other countries. For instance, many courts of the United States in deciding on the validity of a marital agreement take into account all the circumstances and conditions both at the time a marital agreement is signed and at the time of divorce. Some courts analyse if an agreement was executed voluntarily, without any pressure or fraud, and if both parties provided fair and reasonable disclosure of the property or financial obligations as well as what were their bargaining powers and expectations. Other courts attempt to establish the effect an agreement will have on the parties after the termination of their marriage. Currently, Lithuanian courts have no practice in declaring a marital agreement unenforceable. However, due to the particularities of marital agreements and the state’s aim to defend the public interest, the means to evaluate the validity of a marital agreement become unclear. (shrink)

Women's Power To Be Loud: The Authority of the Discourse and Authority of the Text in Mary Dorcey's Irish Lesbian Poetic Manifesto "Come Quietly or the Neighbours Will Hear" The following article aims to examine Mary Dorcey's poem "Come Quietly or the Neighbours Will Hear," included in the 1991 volume Moving into the Space Cleared by Our Mothers. Apart from being a well-known and critically acclaimed Irish poet and fiction writer, the author of the poem has been, from its (...) beginnings, actively involved in lesbian rights movement. Dorcey's poem "Come Quietly or the Neighbours Will Hear" is to be construed from a perspective of lesbian and feminist discourse, as well as a cultural, sociological and political context in which it was created. While analyzing the poem, the emphasis is being paid to the intertwining of various ideological and subversive assumptions, their competing for importance and asserting authority over one another, in line with, and sometimes, against the grain of the textual framework. In other words, Dorcey's poem introduces a multilayered framework that draws heavily on various sources: the popular culture idiom, religious discourse, the text even employs, in some parts, crime and legal jargon, but, above all, it relies upon sensuous lesbian experience where desire and respect for the other woman opens the emancipating space allowing for redefining of one's personal and textual location. As a result of such a multifarious interaction, unrepresented and unacknowledged Irish women's standpoints may come to the surface and become articulated, disrupting their enforced muteness that the controlling heteronormative discourse has attempted to ensure. In Dorcey's poem, the operating metaphor of women's silence, conceived of, at first, as the need to conceal one's sexual identity in fear of social ostracism and contempt of the "neighbours," is further equated with the noiseless, solitary and violent death of the anonymous woman, the finding of whose body was reported on the news. In both cases, the unwanted Irish women's voices of either agony, during the unregistered by anybody misogynist bloodshed that took place inside the flat, or the forbidden sounds of lesbian sexual excitement, need to be censored and stifled, not to disrupt an idealized image of the well-established family and heteronormative patterns. In the light of the aforementioned parallel, empowered by the shared bodily and emotional closeness with her female lover, and already bitterly aware that silence in discourse is synonymous with textual, or even, actual death, the speaker in "Come Quietly or the Neighbours Will Hear" comes to claim her own agency and makes her voice heard by others and taken into account. (shrink)

Lawyering for the Rule of Law introduces a new model of government lawyering in which government lawyers function as an ancillary mechanism that enables the court to expand its influence on policy-making within the political branches by forming out-of-court settlements. It discusses the centrality of government lawyers with regard to judicial mobilization and the enforcement of social reforms through adjudication, and sheds light on particular functions of government lawyers as adjudicators and facilitators of institutional arrangements. It also discusses the (...) ethical and professional dilemmas of government lawyers in judicial review and the relationship between lawyers' professional morality and outcomes in litigation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Anchors of Democracy: A New Division of Powers, Representation, Sense of Limits by Rocco PezzimentiAdam CarringtonPEZZIMENTI, Rocco. The Anchors of Democracy: A New Division of Powers, Representation, Sense of Limits. Herefordshire, U.K.: Gracewing, 2021. 207 pp. Paper, $22.00Rocco Pezzimenti's The Anchors of Democracy: A New Division of Powers, Representation, Sense of Limits is an ambitious book. A professor at LUMSA, Rome, he seeks to consider anew the (...) nature, structure, and purposes of democracy as well as the society in which this form of government best operates. He sees this task as needed because, he argues, contemporary democracies face new challenges that threaten their legitimacy and their capacity to fulfill their just and needed purposes. He notes that democracies are not "infallible," either morally or in their ability to maintain themselves, and thus need conscious understanding and prudent maintenance.The subtitle establishes the three main themes by which he diagnoses and addresses democracy's trials. Pezzimenti orders his argument most through the lens of limits. While present in all spheres and regimes, popular government in particular partakes of limitation, since "mutual limitation... is the basis of our democracies." Limits for Pezzimenti stem from distinct elements of a society competing for finite power ordered toward action. Many of our political and social problems, both past and present, stem from denying limitations or misordering their interactions. The presentism that tempts democracy must be tempered by the limits the past places on it. Institutions are one helpful means for this interaction, which helps guard against a "utopianism which wants to solve everything immediately, deceiving itself that it can perform miracles." Law itself involves limits, placing boundaries on the action of private persons and public entities. So does pluralism and "polyarchy," whereby we recognize the limits particular persons and communities place on politics' universalism as well as how politics restrains these other elements from descending into intolerant, selfish particularity. Important to this point is Pezzimenti's discussion of sovereignty, which must not be reduced to a mere question of who rules and where but to the question of rightly pursuing a common good respectful of individual rights. True freedom inheres in the proper cohering of these elements.Pezzimenti turns to the distribution of powers within a community as part of the discussion of limits. He argues that "the traditional tripartition, theorized by Polybius and on to Montesquieu, today appears certainly insufficient." To define all political power as legislative, executive, and judicial, then to distribute them among competing institutions, does not fully account for the contemporary political landscape. Moreover, those [End Page 361] "classic" powers themselves need to be rethought to meet today's concerns. Legislative power must account for claims that its representative systems either are oligarchic in practice or lead to crass populism, and that they fail to account for group identities as opposed to class ones. The executive must evolve in pursuit of a better "efficiency and efficacy"—including speed of response to problems—that requires a better relationship with the modern bureaucracy, which he describes as "the other face of the executive." The judicial power must focus on a renewed impartiality, especially in relation to the additional powers Pezzimenti thinks need to be named and then tamed. The new powers that he says we must recognize include the press, mass media, technology, and more. Here, Pezzimenti categorizes as powers the functions of government (making, enforcing, and adjudication of the law) alongside avenues or means for exercising political influence, if not outright control. These other forces have distorted democracy's needed limits partly because law and custom have not adequately accounted for their evolving role in power.These issues lead to the last challenge, that of representation. The problem of representation threatens democracy's legitimacy, since this form of government is grounded more than any other in the idea that "power must be the expression of the community." Yet even here the issue of limits orders the discussion. The unaccounted-for new powers described above remove too many limitations either on crass populism or encroaching rule of elites. The former can abuse individual rights, which he says "are not negotiable," based on oppressive whims... (shrink)

Major online platforms deploy an array of policies and data-driven legislative and enforcement mechanisms, transforming economic, social, and technological powers into political might. While platforms use private law to legitimate the exercise of this form of power, the novel political relations and tools have a tremendous public impact, both on individuals’ and communities’ political freedom and on the public sphere. Digital rights literature that tends to focus on particular rights, such as privacy or freedom of expression, deals less (...) with the implications of platforms’ emerging political authority. The article addresses this lacuna by (1) analyzing the quasi-sovereign power of platforms, (2) mapping how this form of power disrupts political freedom and the public sphere, (3) revealing a theoretical trap that blocks existing attempts to address the threats and (4) developing a bottom-up approach to resolve this bind. The article proposes the creation of “Users Unions” – legal structures that create affordance for users to have a collective voice within platforms’ corporate governance and decision-making mechanisms. The proposed structural reform could mitigate the power disparities between users and online platforms and assist in respecting, protecting, and fulfilling users’ political rights. (shrink)

In this article, the authors introduce the POWER perspective of police wellness and ethics. POWER stands for Police Officer Wellness, Ethics, and Resilience. The perspective represents the view that wellness and ethics cannot be discussed separately; they are inextricably connected to each other. Initiatives to address one should always, simultaneously, include the other. Although there is a need for wellness and ethics to be addressed on an organizational level, the present article emphasizes the importance of POWER for (...) individual police officers. The authors make the argument that officers need to expand the way in which they conceptualize their own wellness to include efforts to maintain ethical decision-making. Specifically, officers will remain psychologically healthier when they take active steps to stay steadfastly committed to their ethical principles. Likewise, officers who utilize a comprehensive wellness program, including strategies to boost resilience, will be far less likely to experience lapses in ethical decision-making. Further recommendations for action and implication of this matter in law enforcement are presented and discussed. (shrink)

The administrative practices of officials who process the admission of immigrants show severe variations in the ways in which migration policy is enforced on the ground. For the author, inequality of treatment lies in the very hierarchy of tasks and services of what he dubs, following Pierre Bourdieu, the immigration "field". According to the author, the governments’ securitizing priorities favour the sort of suspicion towards foreigners that the media then reproduces, thus authorizing so-called street-level bureaucrats to act with great leeway (...) with regard to immigrants. Under pressure, governments implement what the author calls a "trompe-l’oeil policy" that explores the ambivalence between international and domestic law: while the state enforces repressive laws that apparently comply with fundamental human rights, it leaves to low-ranking civil servants enough discretion to make those rights ineffective. This point is the author’s central contention. The arbitrariness of these officials is neither contingent nor accidental: it actually constitutes a purposive "front-line policy" to enlarge the discretionary power of street-level bureaucrats in charge of regulating admissions. Unequal treatment comes in three flavours in this context. First, officials are asked to ensure that each right granted to a foreigner will not threaten the national order, which means the economic, social and political order. They are therefore in a position to judge the suitability of each application in view of their own arbitrary interpretation of what such "threats" consist of. The question of discretionary power is in this way intimately linked to the problem of equality before the law. Second, the scarcity of material and human resources allocated to services in charge of welcoming migrants starkly contrasts with the expenditure incurred to deport foreigners. Inequality also arises from how agents perceive users and the leeway they have to implement the law. Third, inequality is related to foreigners’ abilities and means to challenge discretionary power, especially through the legal tools they use or through legal intermediaries. The author thus concludes that such "front-line policy" has increasingly been used as a weapon against migrants, especially since the early 2000s, when immigration and detention policies were generalized in France. More broadly, in Europe as well as in United States, immigration reforms have made greater use of detention and focused on enforcement rather than on hosting programs and services for asylum seekers. But they have also strengthened the role of legal intermediaries. Hence the need to investigate how discretionary power is challenged as it sheds light on the power relations between states and migrants. Keywords: foreigners, discretion, sociology, participant observation, front-line policy, illegalism, jobs, insecurity, legal intermediaries. (shrink)

It can seem obvious that we live in a world governed by laws of nature, yet it was not until the seventeenth century that the concept of a law came to the fore. Ever since, it has been attended by controversy: what does it mean to say that Boyle's law governs the expansion of a gas, or that the planets obey the law of gravity? Laws are rules that permit calculations and predictions. What does the universe have to be like, (...) if it is to play by them? This book sorts the most prominent answers into three families. Laws first arose in a theological context; they govern events only because God enforces them. Those wishing to reverse the order of explanation, and argue that the powers of objects fix the laws, struggled to claim for themselves the results of new science. The stand-off between these two families bred a third which rejects any kind of enforcer for the laws. On this view, laws summarize events; they do not govern anything. This book traces the fortunes of the three families, from their origins to the present day. It uses objections - and the revisions needed to answer them - to produce the best representative of each. Along the way, it tries to settle the rules of this game, the debate over laws of nature. What should we expect from an account of laws? The book aims to help readers develop their own desiderata and judge the merits of the competing positions. (shrink)

The constitution of Pakistan contains wide range of provisions for the protection of labour rights. Pakistan has been bestowed with 70 labour laws along with 90 rules and regulations thereunder. In spite of these labour laws along with rules and regulations, labour force is facing multifarious challenges that posit direct threat to their legal recognised rights. In this regard this study was carried out to study the main hurdles that labour rights encountered in historical perspective. Moreover, in the wake of (...) devolution plan through 18th amendment to the constitution of Pakistan, what problems in respect of enforceability and legality have arisen? Labour laws promulgated in various Pakistani regimes have been discussed to figure out what really prevented successive governments to ensure minimum protection to labour strata of the nations. The article concludes with some recommendation that are sin-qua-non in current globalization where rights have emerged as the most sacred instruments in the hands of weaker portion of a society. (shrink)

Medicine, Power, and the Law demonstrates that criminal and civil justice interact with medicine and public health more than is presently understood. The book focuses on the role of healthcare practitioners and an array of other professionals across industries in identifying wrongdoers, reporting behavior, and testifying on behalf of the state or government agencies. It also covers circumstances in which law enforcement relies on medicine for evidence or support in ways that compromise medical ethics. By reporting or testifying (...) as experts, a range of people, from specialist pediatricians to flight attendants, can have a life-changing impact on individuals in the name of public health or medicine. People who work in hospitals, social work settings, and even airlines, often contribute to wrongful and aggressive criminal and civil actions against society's most vulnerable people, including parents, older adults, and people living with poverty. The book explores a number of examples, including police use of medicine as a restraint or the collection of blood as evidence and the risks of opting out of certain scientific discoveries, such as pharmaceuticals. It describes the harms that may come to those who engage in suboptimal but generally heretofore legal child-raising behaviors, and people opting to live independently as older adults. These can lead to civil and criminal charges when noticed by those in a position of power. Medicine, Power, and the Law is an important contribution for researchers and practitioners in medicine, the law, and the expanding field of bioethics. (shrink)

Thomas Franck believes that the strict constraints imposed by the UN Charter on military intervention in other countries have become too constraining and that, so long as the Charter text remains unrevised, we should condone violations of these rules as legitimated by a jurying process. The relevant UN Charter constraints he seeks to subvert are two in particular. First, the Charter suggests that, outside the UN system, military force may be used across national borders only in “individual or collective self-defense (...) if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security”. Apart from this, “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations” ). Second, regarding the use of force by the UN itself, the Charter proclaims that “Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII” ).1. (shrink)

Rethinking the philosophical grounds of police power, Melayna Lamb argues that traditional ideas of sovereignty and the law need to be radically re-evaluated. In placing police at the centre of analysis this book demonstrates the manner in which police power exists in a complex and overlapping relationship with sovereignty and law in a form which is not reducible to implementation. In doing this it argues for the centrality of order in any consideration of police and challenging a common (...) narrative whereby a dynamic, interventionist sovereign power that follows from a belief of order as 'artificial' is replaced by a liberal, limited non-interventionist sovereign power that proceeds from a 'natural' order. Moving through thinkers such as Hobbes, Hegel and Adam Smith the book argues that police power is in fact 'an-archic' in form, in a manner that makes it impossible to hold accountable through the law. Lamb adopts an interdisciplinary approach that turns to philosophy to make sense of global events that see police power at their centre. This includes the history of police brutality in the US, the structural injustices made more apparent by COVID-19 and the growing calls to abolish the police. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Nuclear Power after Fukushima 2011:Buddhist and Promethean PerspectivesGraham ParkesDuring 2010 many environmentalists previously opposed to nuclear power were deciding, in the face of anthropogenic climate change from burning fossil fuels, that the only way to prevent runaway global warming would be to build more nuclear power plants after all.1 There are risks involved—though fewer than with carbon-based sources of energy.2 When one compares the detrimental effects (...) of nuclear power with those of burning fossil fuel, it is clear that the human injury and death toll (not to mention environmental devastation) resulting from the former have been nothing compared to the damage caused by the extraction and consumption of fossil fuels, owing to mining accidents, oil spills, and so forth—not to mention the massive carbon dioxide emissions.On the other hand, the problem of how and where to store the growing amount of radioactive waste from nuclear power plants, which remains deadly for many thousands of years, has yet to be solved. Costly security measures have to be taken to guard against terrorist attacks and theft of materials usable for nuclear devices. When full safety features are included, nuclear power plants become ever more expensive to build, and the costs of insuring them against accidents are so prohibitive that governments have to subsidize them, which they are increasingly unwilling to do.Not long after the explosions and meltdowns at the Fukushima Daiichi nuclear power station in March 2011, two dismal world records were announced: in 2010 we discharged a record amount of carbon dioxide (more than 30 gigatons) into the atmosphere, mainly by burning fossil fuels, and, as a direct consequence, carbon dioxide levels in the atmosphere (as measured at the Earth Systems Research Laboratory in Hawai'i) reached a record level of 395 parts per million. These figures suggest that we are continuing to generate a rise in global average temperatures that is already destroying the livelihoods of millions and will soon jeopardize the lives of hundreds of millions more.As a consequence of the 2011 Fukushima disaster, Japan—long a leading promoter of nuclear power—has begun to enforce some widely neglected safety regulations and is seriously reconsidering its reliance on nuclear energy. China has put construction of [End Page 89] new power plants on hold. Other nations (such as Germany, Italy, Switzerland, Thailand, and Malaysia) have decided to phase out or cancel plans to build more nuclear power stations. Yet the primary motivations remain unclear, since people's attitudes toward the dangers of nuclear radiation are anything but rational—as evidenced by the mass departure of foreigners from Japan after the catastrophe at Fukushima, when health dangers beyond the vicinity of the power station were minimal.In Europe, the reaction to the Fukushima disaster has clearly been aggravated by memories of the catastrophe at Chernobyl in 1986. While Chernobyl was a more widely destructive event than Fukushima, releasing a much greater amount of radioactivity, its effects on human health continue to generate disagreement. According to the third report on the effects of the Chernobyl catastrophe issued by the United Nations Scientific Committee on the Effects of Atomic Radiation (UNSCEAR), among the 134 plant staff and emergency workers who suffered acute radiation syndrome (ARS), the condition proved fatal for twenty-eight of them. By 2006 another nineteen ARS survivors died, although their deaths were not directly attributable to the effects of ionizing radiation. Although the report attributes "a substantial fraction" of the six thousand cases of thyroid cancer in people who were children at the time of the accident to their consumption of milk contaminated with iodine-131, only fifteen cases had proved fatal by 2005, some twenty years later.3 The death toll, then, was fewer than fifty.By contrast, a study by a group of scientists from Belarus, Russia, and the Ukraine, Chernobyl: Consequences of the Catastrophe for People and the Environment, estimates the number of deaths attributable to the meltdown at around 980,000—almost twenty thousand times greater than the estimate by the UN scientific committee.4 What are we to make of this vast discrepancy, especially since the UNSCEAR report "was prepared in close cooperation with... (shrink)

An examination of animate from reveals corporeal archetypes that underlie both human sexual behavior and the reigning Western biological paradigm of human sexuality that reworks the archetypes to enforce female oppression. Viewed within the framework of present-day social constructionist theory and Western biology, I show how both social constructionist feminists who disavow biology and biologists who reduce human biology to anatomy forget evolution and thereby forego understandings essential to the political liberation of women.

The public interest should be a central ethical concern of members of the computer profession, and this would also result in the social status and power of software engineers being augmented. One attractive means to encourage and enforce ethical standards on the part of engineers and employers would be a system of licensing by internationally recognised professional bodies whose legitimacy stems from their capacity to act in the public interest. The author is Senior Lecturer in the Department of Computer (...) Science, School of Applied Sciences, Anglia Polytechnic University, East Road, Cambridge CB1 1PT, England; email [email protected] or [email protected]. (shrink)

Drawing from recent advocacy efforts on the right to education in Kenya, this article argues that linking human rights to local political struggles is a useful way of ensuring their realization. Human rights are legal and moral but their realization is a political project. The form that this project takes will differ from context to context. While paying due regard to the remarkable contribution of international human rights regimes and transnational advocacy of the last fifty years in providing the world (...) with a powerful legal and moral vocabulary of rights, this article suggests that this vocabulary risks losing its edge unless those working in the field of human rights recognize the necessity of local politics. The article examines the activities of the Kenyan human rights movement and its strategic linking of access to basic education with repression of political freedoms. (shrink)

In the conventional analysis of human behaviour, power and ethics are frequently considered contrary principles, in that power enforces, while ethics elicits a free response. But, as James Mackey forcefully shows, a more adventurous philosophical study of human morality escapes the sense of contraries, and sets us on a quest for the kind of power that liberates human creativity. It then becomes possible to establish the framework for a critical assessment of the kind of power that (...) ought to be operative in the major structures of human society, civil or ecclesiastical, state governments and church hierarchies. Mackey analyses the religious question which then quite naturally emerges, as to whether this Eros-type power so manifest in human society originates from beyond the more empirical structures of churches, states and 'nature'; and the effort to detect the specifically Christian characterisation of an allegedly ultimate power working in us for final well-being finds its natural context. (shrink)

This article uses social dominance theory (SDT) to explore the dynamic and systemic nature of the initiation and maintenance of organizational corruption. Rooted in the definition of organizational corruption as misuse of power or position for personal or organizational gain, this work suggests that organizational corruption is driven by the individual and institutional tendency to structure societies as group-based social hierarchies. SDT describes a series of factors and processes across multiple levels of analysis that systemically contribute to the initiation (...) and maintenance of social hierarchies and associated power inequalities, favoritism, and discrimination. I posit that the same factors and processes also contribute to individuals’ lower awareness of the misuse of power and position within the social hierarchies, leading to the initiation and maintenance of organizational corruption. Specifically, individuals high in social dominance orientation, believing that they belong to superior groups, are likely to be less aware of corruption because of their feeling of entitlement to greater power and their desire to maintain dominance even if that requires exploiting others. Members of subordinate groups are also likely to have lower awareness of corruption if they show more favoritism toward dominant group members to enhance their sense of worth and preserve social order. Institutions contribute to lower awareness of corruption by developing and enforcing structures, norms, and practices that promote informational ambiguity and maximize focus on dominance and promotion. Dynamic coordination among individuals and institutions is ensured through the processes of person-environment fit and legitimizing beliefs, ideologies, or rationalizations. (shrink)

The movement against enforced disappearances has been exceptionally strong in Pakistan. It has highlighted the extralegal activities of state actors and has prompted the judiciary to question powerful agencies regarding their conduct. With the help of historical analysis, this article argues that the movement has grown out of the reactions generated by War on Terror in Pakistan. The state’s stance to override human rights for combating terrorism is challenged by a movement which is largely anti-War on Terror and which is (...) strengthened by historical and ideological factors as well as by respect for human rights. The movement against enforced disappearances had thus paved the ground for important debates on human rights in Pakistan. (shrink)

This essay provides a positive account of coercion that avoids significant difficulties that have confronted most other recent accounts. It enters this territory by noting a dispute over whether coercion has to manipulate the will of the coercee, or whether direct force inhibiting action (such as manhandling or imprisoning) is itself coercive. Though this dispute may at first seem a mere matter of taxonomic categorization, I argue that this dispute reflects an important divergence in thought about the nature of coercion. (...) Though it has rarely been noted, there are two significantly different ways of theorizing coercion found in recent writing on coercion. One focuses on the ability of the coercer to inhibit actions by the coercee through techniques such as force, violence, and like powers, or threats based in such powers. The other approach restricts coercion to cases where coercion manipulates the will of the coercee, though widens it to include any sort of threat that puts pressure on the coercee's will and alters the coercee's intentional choice of action. The former, enforcement approach used to be widely assumed by many political theorists who discussed the place of coercion in law and politics, though it has been largely supplanted by the latter, pressure approach. I show that these approaches are indeed quite distinct, and argue that the enforcement approach is in several ways superior to and more fundamental than the pressure approach for recognizing and understanding coercion in ethics and political and legal philosophy. I also consider and respond to a number of objections to the enforcement approach, showing that it can deal with some puzzle cases such as bluffs, blackmail, inefficacious threats, oblique threats, and economic coercion. (shrink)

Part I. Furthering debate between leading theories of Law -- The Explantory Role of the Weak Natural Law Thesis -- In Defense of Hart -- Law's Authority is not a Claim to Preemption -- The Normative Fallacy Regarding Law's Authority -- The Problem about the Nature of Law vis-à-vis Legal Rationality Revisited : Towards an Integrative Jurisprudence -- Part II. The Power of Legal Systems -- Law as Power : Two Rule of Law Requirements -- A Comprehensive Hartian (...) Theory of Legal Obligation : Social Pressure, Coercive Enforcement, and the Legal Obligations of Citizens -- Law and the Entitlement to Coerce -- Part III. Conceptual Analysis -- Farewell to Conceptual Analysis (in Jurisprudence) -- What Do We Want Law to Be? Philosophical Analysis and the Concept of Law -- Part IV. New Directions -- Legal as a Thick Concept -- Making Old Questions New : Legality, Legal System, and State -- Legal Disagreements and the Dual Nature of Law -- Is There One Right Answer to the Question of the Nature of Law? (shrink)

In recent years, global corporations and national governments have been enacting a growing number of codes of conduct and public regulations to combat dangerous and degrading work conditions in global supply chains. At the receiving end of this activity, local producers must contend with multiple regulatory regimes, but it is unclear how these regimes interact and what results, if any, they produce. This article examines this dynamic in the sugar sector in Brazil. It finds that although private and public agents (...) rarely communicate, let alone coordinate with one another, they nevertheless reinforce each other’s actions. Public regulators use their legal powers to outlaw extreme forms of outsourcing. Private auditors use the trust they command as company insiders to instigate a process of workplace transformation that facilitates compliance. Together, their parallel actions block the low road and guide targeted firms to a higher road in which improved labor standards are not only possible but even desirable. (shrink)