Philologus, founded in 1846, is one of the oldest and most respected periodicals in the field of Classics. It publishes articles on Greek and Latin literature, historiography, philosophy, history of religion, linguistics, reception, and the history of scholarship. The journal aims to contribute to our understanding of Greco-Roman culture and its lasting influence on European civilization. The journal Philologus, conceived as a forum for discussion among different methodological approaches to the study of ancient texts and their reception, publishes original scholarly (...) contributions with a strong international focus. Publications languages are: German, English, Italian, French. As of 2014 the publication of supplementary volumes will be resumed. The series Philologus. Supplemente / Philologus. Supplementary Volumes will publish monographs and edited volumes pertaining to all aspects of the study of ancient literature and its reception, with a special focus on topics concerning literary theory, philosophy and the history of scholarship from an interdisciplinary perspective. (shrink)

When mature minors face a decision with important consequences, such as whether to undergo a risky but potentially life-saving medical procedure, who should decide? Relying on liberal political theory’s account of the importance of decisional autonomy for adults, and given the scalar nature of the capacities needed to exercise decisional autonomy, I argue that mature minors with the requisite capacities and commitments have a right to decisional autonomy though they are not yet 18. I argue for this right using a (...) ‘balancing of interest’ account of rights: the interest mature minors have in decisional autonomy outweighs their parents’ interest in shaping their children as a means of ‘creative self-extension’. But I propose two limitations on this right: requests for waivers of the rule that one must be at least 18 to decide cannot be so numerous as to make adjudication impractical; and though a competent adult’s voluntary decision to refuse medical treatment should generally be respected, the state may reject a mature minor’s decision upon review by an indifferent judge of the minor’s capacities and reasons. The judge reviews not the substantive merits or prudence of the decision, but whether the decision promotes the interest in decisional autonomy, by asking among other things whether the decision is the minor’s own, is tethered to core commitments rather than based on arbitrary preferences, and could be regarded as reasonable to the minor’s ‘future self’. (shrink)

In this paper I apply a suitably developed version of Joseph Raz’s service conception of authority to the debate over the legitimacy of state action aiming to fulfill cosmopolitan moral obligations. I aim to advance two interrelated theses. First, viewed from the perspective of Raz’s service conception of authority, citizens’ moral duties to non-compatriots are an appropriate ground for authoritative intervention by agents of the state. Second, international law based on these duties can also enjoy moral (...) authority over government decision makers. An important source of the moral force of international law is derived from the power of international law to improve officials’ ability to recognize and conform to the totality of their reasons, which contributes to their states’ legitimacy. (shrink)

This article looks at negotiations with state authorities and the evidentiary criteria they create in culturally contrasting contexts when phenomena deal with elements that for the dominant society are conceptualized as “supernatural.” We draw from the level of experiences of other-than-human beings, especially spirits and “ungraspable” presences, as social practices in and of themselves as well as acts of mobilizing those which are meaningful for knowledge production in Indigenous Amazonia and North European contexts. Our two cases show how in (...) state territorial protection debates and health services, visibility, quantification, measurability, Euro-American dominant, mainly binary, and bounded concepts are employed to create the grounds of validity. Yet, for actual individual or collective experiences, new types of evidence work can emerge in collaborations. Thus, this article sheds light on the needs for contextual and communicative actions to overcome contrasting onto-epistemologies in the context of the state. (shrink)

Originally published between 1921 and 1950 the volumes in this collection showcase many of the most important philosophical, political and literary works of Benedetto Croce. The volumes Discuss key political, philosophical and aesthetic issues such as freedom and historical judgment Reveal notes made by Croce from private meetings with Allied forces during 1943 and 1944 Examine and explain the literature of Dante, Goethe, Shakespeare, Ariosto and Corneille Discuss the conception of liberty, liberalism and the relation of individual morality to the (...) State. (shrink)

This article discusses the specificity of remote communication between state authorities and citizens as part of e-administration services. Attention was paid to the available technological tools used in state-citizen communication, but most of all, the focus was on the pragmatics of creating messages in the “digital office”. The aim of the present study was to identify the main linguistic and quasi-linguistic instruments that build the stylistic and pragmatic formula of e-administration in Poland. The source material was taken from (...) the widely available and most popular e-administration platforms, containing detailed information on services provided by public administration and enabling the citizen to establish remote contact with the state, such as Obywatel.gov.pl, ePUAP.gov.pl, CEIDG.gov.pl and Biznes.gov.pl. (shrink)

The following exchange grew out of a series of posts to the Cultural Studies Association of Australasia discussion list. As a talking point leading into a regular meeting for early career cultural studies researchers in Brisbane, Melissa Gregg, Jean Burgess and Joshua Green quoted a passage from Simon During’s recent Cultural Studies: A Critical Introduction in the hope of provoking a wider debate about the current state of Australian cultural studies. Various members of the list were duly provoked, and (...) the ensuing discussion was later picked up in a paper by John Frow and continued in private correspondence and then in invited responses to the developing exchange. (shrink)

In the years since the publication of the _Prison Notebooks_, the interest and importance of Antonio Gramsci’s contribution to Marxist thought and political analysis has become widely recognised. The concern to explore and identify the structures of the capitalist state is both the principal characteristic of Gramsci’s theoretical and political writings and also the inspiration for his writings on Italian history. This set re-issues four volumes by leading commentators on Gramsci's politics and philosophy which were originally published between 1979 (...) and 1981. (shrink)

It is often asserted that a liberal theory of political obligation is unattainable. This is, largely, because liberalism revolves around consent and hence, is supposed to be intrinsically inimical to the existence of state authority. However, there is at least one liberal proposal – the argument of fair play, that makes a plausible case for justifying the establishment of a coercive entity. The most popular contemporary version of it, which is offered by George Klosko, turns on the fact (...) that non-excludable goods cannot be exchanged based on consent. Instead, there must be enforceable, independent, objective standards of fairness that should govern the distribution of the effects of such goods. In this article, I argue that if Klosko’s account is correct, then not only the existence of non-excludable goods but also, the production and exchange of existentially significant excludable goods warrant an establishment of coercive authority. I argue that in this way, we can take an important step towards establishing a full-blown liberal theory of political obligation. (shrink)

If we are looking for an Ur-explanation for the persistence of the Ur-myth, or any other myth, in our literature, could we not more directly find it in the structure of a mind which does not have to remember in order to imitate? The occasion of both myth and literature is the social life of the species which, in Starobinski's sense, is a history of continual eviction; but as regards the apparatus of thought by which this social life is reflected (...) in art it is more a history of assimilation and repetition. "The work of the brain," to cite a recent article in Scientific American, "is to create a model of a possible world rather than to record and transmit to the mind a world that is metaphysically true…Different worlds are presumably constructed by similar species."1 And, presumably, similar worlds are constructed by similar species. Weisinger hints briefly at something like this in his essay "The Mythic Origins of the Creative Process," but one has the clear impression, as his title suggests, that he would like to have the [myth/ritual] cart before the creative horse.2 However much this may satisfy our longing to crown our literature, if not creativity itself, with a mythic genealogy, it seems a wistful hypothesis. One might just as well look upon the remains of early man's shelters, marvel that they too had roofs, just like ours, and conclude that therefore our roofs have their origin in theirs.· 1. Harry J. Jerison, "Paleoneurology and the Evolution of Mind," Scientific American, January 1976, p. 99.· 2. Herbert Weisinger, The Agony and the Triumph: Papers on the Use and Abuse of Myth , p. 250.Bert O. States, professor of dramatic arts at the University of California at Santa Barbara, is the author of Irony and Drama: A Poetics and The Shape of Paradox: An Essay on "Waiting for Godot.". (shrink)

One of the measures taken by states to relieve the burden of providing for asylum seekers and refugees is privatization and delegation of asylum regimes. I analyze the privatization and delegation of authority that is taking place within asylum systems and describe three tiers of privatization/delegation: 1. admission at points of entry or criminalization of undocumented entry, 2. status determination, 3. social integration and provision of social and economic rights and benefits. I then ask why states are privatizing and (...) delegating authority within the context of asylum systems and argue that privatization and delegation of authority are intended to be used to maintain control and reduce immigration and integration of asylum seekers. Governments are often helpless in their attempts to manage refugee migration and need to recruit other sectors to assist them in regaining control over immigration. This “tool” is particularly instrumental as it allows governments to maintain—to a large extent—control of immigrations and at the same time distance themselves from their responsibilities, from human rights violations, etc. Governments attempt to have private or other actors carry out acts that they cannot—whether because of practical reasoning or due to legal constraints. Finally, I argue that asylums systems are a special locus; thus, special care, great caution, much regulation, or complete refrain from privatizing at all, is paramount since privatization of asylums systems carries unique and severe consequences. (shrink)

Journal of Political Philosophy, Volume 30, Issue 1, Page 48-69, March 2022.

Legal standards of disclosure in a variety of jurisdictions require physicians to inform patients about the likely consequences of treatment, as a condition for obtaining the patient’s consent. Such a duty to inform is special insofar as extensive disclosure of risks and potential benefits is not usually a condition for obtaining consent in non-medical transactions. -/- What could morally justify the physician’s special legal duty to inform? I argue that existing justifications have tried but failed to ground such special duties (...) directly in basic and general rights, such as autonomy rights. As an alternative to such direct justifications, I develop an indirect justification of physicians’ special duties from an argument in Kant’s political philosophy. Kant argues that pre- legal rights to freedom are the source of a duty to form a state. The state has the authority to conclusively determine what counts as “consent” in various kinds of transactions. The Kantian account can subsequently indirectly justify at least one legal standard imposing a duty to inform, the reasonable person standard, but rules out one interpretation of a competitor, the subjective standard. (shrink)

There is burgeoning interest in the field of “Islamic” bioethics within public and professional circles, and both healthcare practitioners and academic scholars deploy their respective expertise in attempts to cohere a discipline of inquiry that addresses the needs of contemporary bioethics stakeholders while using resources from within the Islamic ethico-legal tradition. This manuscript serves as an introduction to the present thematic issue dedicated to Islamic bioethics. Using the collection of papers as a guide the paper outlines several critical questions that (...) a comprehensive and cohesive Islamic bioethical theory must address: (i) What are the relationships between Islamic law (Sharīʿah), moral theology (uṣūl al-Fiqh), and Islamic bioethics? (ii) What is the relationship between an Islamic bioethics and the lived experiences of Muslims? and (iii) What is the relationship between Islamic bioethics and the state? This manuscript, and the papers in this special collection, provides insight into how Islamic bioethicists and Muslim communities are addressing some of these questions, and aims to spur further dialogue around these overaching questions as Islamic bioethics coalesces into a true field of scholarly and practical inquiry. (shrink)

Algorithmic systems are increasingly used by state agencies to inform decisions about humans. They produce scores on risks of recidivism in criminal justice, indicate the probability for a job seeker to find a job in the labor market, or calculate whether an applicant should get access to a certain university program. In this contribution, we take an interdisciplinary perspective, provide a bird’s eye view of the different key decisions that are to be taken when state actors decide to (...) use an algorithmic system, and illustrate these decisions with empirical examples from case studies. Building on these insights, we discuss the main pitfalls and promises of the use of algorithmic system by the state and focus on four levels: The most basic question whether an algorithmic system should be used at all, the regulation and governance of the system, issues of algorithm design, and, finally, questions related to the implementation of the system on the ground and the human–machine-interaction that comes with it. Based on our assessment of the advantages and challenges that arise at each of these levels, we propose a set of crucial questions to be asked when such intricate matters are addressed. (shrink)

The modern state claims supreme authority over the lives of all its citizens. Drawing together political philosophy, jurisprudence, and public choice theory, this book forces the reader to reconsider some basic assumptions about the authority of the state. Various popular and influential theories - conventionalism, contractarianism, and communitarianism - are assessed by the author and found to fail. Leslie Green argues that only the consent of the governed can justify the state's claims to authority. (...) While he denies that there is a general obligation to obey the law, he nonetheless rejects philosophical anarchism and defends civility - the willingness to tolerate some imperfection in institutions - as a political virtue. (shrink)

For the political naturalist, skepticism about political obligations only arises because of a basic confusion about the necessity of the state for human well-being. From this perspective, human beings are naturally political animals and cannot flourish outside of political relationships. In this paper, I suggest that this idea can be developed in two basic ways. For the thick naturalist, political institutions are constitutive of the best life. For the thin naturalist, they secure the basic background conditions of peace and (...) stability that are necessary for any minimally decent human life. Both approaches, however, are problematic, and while political institutions might have a special kind of value for human well-being, it is difficult to convert this claim into a justification for political obligations. (shrink)

Thomas Hobbes has often been portrayed as supporting a 'realist' view of international relations—a view in which everything is permitted among states, in which the insecurity of the international sphere justifies states in unrestrainedly pursuing the national interest. Yet, as this paper aims to show, this interpretation is not without difficulties. It overshadows both the advantages that Hobbes believes can be gained from interstate cooperation and the fundamental role he attributes to a superior common authority in making cooperative ventures (...) stable and lasting. More specifically, this paper brings into relief the important limitations that Hobbes's natural law theory places on sovereigns' freedom of action. It also argues that the most frequently advanced disanalogies between the Hobbesian interpersonal and interstate states of nature fail to explain why it would be irrational for Hobbesian sovereigns to submit to a supra-state authority; the main obstacle is instead to be found in Hobbes's absolutist conception of sovereignty. (shrink)

Three issues related to Feldman and Levin's treatment of biological variability are discussed. We question the usefulness of the indirect component of δλ. We suggest that trade-offs between speed and accuracy in aimed movements support identification of δλ, rather than λ, as a control variable. We take issue with the authors' proposal for resolving redundancy in multi-joint movements, given recent data.

In lieu of an abstract, here is a brief excerpt of the content:Walking the Bodhisattva Path/Walking the Christ PathU.S. Conference of Catholic BishopsCatholics and Buddhists brought together by Dharma Realm Buddhist Association, the San Francisco Zen Center, and the United States Conference of Catholic Bishops (USCCB) met 20-23 March 2003 in the first of an anticipated series of four annual dialogues. Abbot Heng Lyu, the monks and nuns, and members of the Dharma Realm Buddhist Association hosted the dialogue at the (...) City of Ten Thousand Buddhas in Talmage, California. The community had transformed their Confucius Hall into a chapel, with a large, newly constructed wooden cross on a wall above an altar facing out from a raised platform, so the Catholic delegation would have a space for worship. A special poster announcing the theme of the conference, "Walking the Bodhisattva Path/Walking the Christ Path," showing a Buddhist dharma wheel at one foot of a bridge and a Celtic cross at the other foot, had been created by the hosting community.The daily schedule for the dialogue did not interfere with the monastic routine at the City of Ten Thousand Buddhas, which included early morning chanting (4:00-5:00 am), daily rituals in the Buddha Hall, and the single large meal for monastics before noon to which all participants were invited. Catholics and Buddhists meeting in the dialogue began each day with an optional forty-five minutes of quiet sitting together in the monastery meditation hall, each following their own form of meditation and prayer. There was a Eucharist on Friday and Saturday evenings for the Catholics and to which the Buddhists were invited, and additional meals of breakfast and supper throughout the meeting at the City's Jyun Kang Restaurant.Fourteen Buddhists and fourteen Catholics participated in the formal discussions. Each participant spoke on what it means to them to follow Christ or the way of the Bodhisattvas or enlightened beings. In addition to speaking, each participant distributed a short passage, usually from a traditional text, on this topic. Several passages from Master Dogen's Shobogenzo and the Gospel of John were among those shared by the group. Other passages shared were taken from the Avatamsaka Sutra and the Shurangama Sutra and from the other gospels and the writings of Zen master HakuinZenji, the Dalai Lama, Korean Zen Master I-sahn Hye-yeon, the teachings of Master [End Page 247] Hsuan Hua, Shantideva, Origen, St. Ignatius, St. Benedict, the author of The Cloud of Unknowing, St. John of the Cross, and Chiara Lubich. A minute of silence separated the fifteen-minute segments for each presentation. With so large a group, most of the time in the formal sessions involved listening to series of presentations; however, during discussion periods the participants asked several challenging questions of one another.Some participants noted the tension they felt between belonging to a particular religious group and the need to let go of any consequential narrowness. The goal of the discussion was to promote understanding of the differences and similarities between Christianity and Buddhism. At one point, the participants noted several concerns about mutual enrichment: whether Buddhist methods can be separated from Buddhism and Christian methods from Christianity, and what specific aspects of Christian practice truly enrich Buddhists and which Buddhist practices likewise enrich Christians. Several times participants discussed their understanding of terms such as transformation, grace, the incarnation and the passion of Jesus, discernment of spirits, prayer, Buddha-nature, and related terms. There was consensus that Buddhists and Catholics can practically help one another regarding mental cultivation and religious precepts. They expressed this consensus in their choice of the topic forthe next dialogue, "Transformation of Hearts and Minds: Chan/Zen-Catholic Approaches to Precepts."The group agreed to reconvene in 2004 to respond to six presentations, three from each side, on different aspects of this topic.Chairing the sessions were Rev. Heng Sure for the Dharma Realm Buddhist Association, Rev. Taigen Dan Leighton for the San Francisco Zen Center, and Bishop John Webster for the United States Conference of Catholic Bishops. Their three organizations are the sponsors of the Northern California Chan/Zen-Catholic Dialogue. Chan and Zen are respectively the Chinese and Japanese terms for the meditation school... (shrink)

Joseph Raz's defence of government is grounded in his ‘normal justification thesis’. This thesis justifies the exercise of state authority in just those cases where subjects are more likely to fulfill their duties by obeying the state than by carrying out their own deliberations. I argue that the assumptions underlying this argument are importantly similar to those made by the Enlightenment anarchist philosopher William Godwin. Raz's arguments can supplement Godwin's political theory, producing an argument which, though grounded (...) in anarchist principles, justifies a limited state authority. (shrink)

States are believed to be the paradigmatic instances of legitimate political authority. But is their prominence justified? The classic concept of state sovereignty predicts the danger of a fatal deadlock among conflicting authorities unless there is an ultimate authority within a given jurisdiction. This scenario is misguided because the notion of an ultimate authority is conceptually unclear. The exercise of authority is multidimensional and multiattributive, and to understand the relations among authorities we need to analyse (...) this complexity into its different aspects. Instead of ultimate authorities we can have actors endowed with superior authority over others in one regard, but not necessarily in another. And this limited superiority is sufficient for resolving conflicts. There is no need for ultimate authorities. Having discarded the notion of sovereignty we can embrace a different conception of legitimate authority, one that is not interested in the pedigree of actors, but in their capacity to serve its subjects. If states wish to retain their central role in the domain of political authority, they will have to earn it. (shrink)

The normal justification of authority, as examined in Ch. 3, yields the conclusion that the extent of governmental authority varies from person to person. It cannot justify the authority that governments, in fact, claim for themselves in the case of most people. An analysis of consent is provided in order to explore the prospect that consent might serve to extend the scope of the authority of states. It is argued that consent can ground an extension of (...) political authority only so far as it is non‐instrumentally valuable. Those who, as a mode of expressing identification with their community, consent to the authority of reasonably just governments or respect their laws, are subject to that authority since such modes of consent have non‐instrumental value. (shrink)

Prior research has demonstrated that trust in robots and performance of robots are two important factors that influence human–autonomy teaming. However, other factors may influence users’ perceptions and use of autonomous systems, such as perceived intent of robots and decision authority of the robots. The current study experimentally examined participants’ trust in an autonomous security robot (ASR), perceived trustworthiness of the ASR, and desire to use an ASR that varied in levels of decision authority and benevolence. Participants (N (...) = 340) were recruited from Amazon Mechanical Turk. Results revealed the participants had increased trust in the ASR when the robot was described as having benevolent intent compared to self-protective intent. There were several interactions between decision authority and intent when predicting the trust process, showing that intent may matter the most when the robot has discretion on executing that intent. Participants stated a desire to use the ASR in a military context compared to a public context. Implications for this research demonstrate that as robots become more prevalent in jobs paired with humans, factors such as transparency provided for the robot's intent and its decision authority will influence users’ trust and trustworthiness. (shrink)

This essay examines the reconfiguration of the racial and sexual contracts underpinning democratic theory and practice in the transition to independence in India. Drawing upon the work of Carole Pateman and Charles Mills, Keating argues that the racialized fraternal democratic order that they describe was importantly challenged by nationalist and feminist struggles against colonialism in India, but was reshaped into what she calls a postcolonial sexual contract by the framers of the Indian Constitution.

The COVID-19 pandemic spurred legal and policy attacks against foundational public health authorities. Act for Public Health — a partnership of public health law organizations — has tracked legislative activity since January 2021. This article describes that activity, highlighting 2023 bills primarily related to vaccine requirements and policy innovations undertaken in the wake of the pandemic. Finally, we preview a legal framework for more equitable and effective public health authority.

We applaud Gasper for reviewing five approaches to operationalizing neutral states. To supplement Gasper’s important contribution, we express the five neutral conditions at the appraisal lev...

In this article I argue that Jacques Derrida is correct in holding that the law is always an authorized force but that he is mistaken in suggesting that its ultimate font or origin (what he calls the ‘mystical foundation of authority’) is an originary or ‘foundationalional’ act of violence. I suggest that Derrida and, more recently, Jens Bartelson fall prey to a curious, one-sided narrow view of ‘foundationalism’ and contrast their overly ‘architecturalized’ image of the ‘foundation’ of authority (...) with the foundationalism of Thomas Hobbes which is, I shall argue, architectural only as and when appropriate. I also suggest that Hobbes helps us to see that the state, strictly speaking, does not ‘have’ or ‘exercise’ authority but that it is, rather, the font or source of the authority wielded by its (empirical) government. Key Words: Jens Bartelson • Jacques Derrida • Thomas Hobbes • justice • Immanuel Kant • law • Michel de Montaigne • Blaise Pascal • violence. (shrink)

ABSTRACT R. P. Wolff has argued that there is an irreconcilable conflict between the distinguishing mark of every state, viz. supreme authority over all its citizens, and the primary obligation of rational beings, viz. to act autonomously by taking moral responsibility for all of their actions. Utilitarian and consent theories which seek to justify the state's claim to possess a monopoly of the rightful use of force are shown to fail and the concept of a ‘legitimate (...) class='Hi'>state’to be morally incoherent. However, Wolff's version of individualist anarchism does not follow. Human beings are by no means equally rational or homogeneously autonomous. There are ‘states’which have a contingent and variable right to enforce obedience over an indefinitely large number of their ‘subjects’, although not over those who are autonomous because rational in high degree. (shrink)

The best way to divide control over children’s education between private and state authorities is unclear. This task has ethical implications that this thesis explores—in the context of a pluralist liberal democracy. In cases where authority over children’s education is granted to private groups, like ethnic or religious minorities, rights are often part of the default vocabulary adopted by politically liberal commentaries. These rights are often viewed as a shield that offers the group immunity from state interference. (...) Some illiberal minority groups argue that they need to be shielded from state interference because the persistence of their cultural or religious identity depends on it. For example, the Amish community in Wisconsin argued in Wisconsin v. Yoder that the future of their community would be jeopardized if they were forced to send their children to school beyond the age of fourteen. While a rights-based approach does explain many of the variables connected with cases like these, the explanation is incomplete. I will offer two clarifications to the rights-based view. First, in the event that a minority group is shielded from state interference, it is not clear that it would be morally legitimate for the group to take over the authority of the state. I will, then, offer a plausible theory that could justify the self-governing authority of minority groups in these situations. My second clarification is that the concept of individual autonomy, often the central liberal value protected by rights, is too broad to support a zero-tolerance approach toward illiberal groups. This indicates that illiberal minority groups might still have a claim to self-governing authority even though they arguably interfere with the autonomy of their children. Some interference with minor elements of individual autonomy should arguably be tolerated in cases where the ruination or assimilation of the group’s unique culture or religion is at stake. (shrink)

Robert Nozick and Eric Mack have tried to show that a minimal state could be just. A minimal state, they claim, could help to protect people’s moral rights without violating moral rights itself. In this article, I will discuss two challenges for defenders of a minimal state. The first challenge is to show that the just minimal state does not violate moral rights when taxing people and when maintaining a monopoly on the use of force. I (...) argue that this challenge can be met. The second challenge is to show that the just min-imal state has political authority including, most importantly, the moral power to im-pose duties on citizens. I argue that both Nozick and Mack lack the resources to meet that challenge, and that political authority cannot be deflated. This is an important prob-lem because a lack of political authority also undermines a state’s justness. (shrink)

Although libertarians typically eschew coercion as a means to political ends, many theorists cannot avoid endorsing the coercion that is entailed by even minimal states when addressing the concerns of individualist anarchists. The dissertation first identifies distinct approaches to libertarian theory, then examines the arguments justifying the minimal level of coercion necessary for the state. I argue that minimal state libertarians implicitly appeal to a particular set of concerns that, despite the general presumption against the state, are (...) taken to justify political authority. I isolate and examine these core worries about the threat of chaos and compare them against anarchist responses to the challenges they pose. Although some economists and game theorists have worked on the problem of coercion and cooperation, this body of work has not yet been brought to bear on the philosophical discussion about the relationship of the individual to the state, at least not with regard to resolving the dispute between libertarian statists and libertarian anarchists. I conclude that the anarchists' conception of legal theory and social order, in light of the work on the evolution of cooperation, is sufficiently plausible to answer the concerns of libertarian statists. (shrink)

The fundamental interaction that triggers a fiduciary obligation is the exercise by one party of discretionary power of an administrative nature over another party's interests, where the latter party is unable, as a matter of fact or law, to exercise the fiduciary's power. The goal of this paper is to demonstrate that there is something "deeply fiduciary" about the interaction between a state and its subjects. The fiduciary nature of this relationship provides the justification for the state's legal (...) authority and its obligation to act in the interests of its subjects. The practical manifestation of the state's overarching fiduciary obligation to its subjects is the rule of law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 29.4 (1999) 116-127 [Access article in PDF] Authority, Solidarity, and the Political Economy of Identity: The Case of the United States David A. Hollinger Theorists of nationalism tend to circle around the United States like boy scouts who have spotted a clump of poison oak. The nationalism of the United States has figured small in the robust and wide-ranging discourse about nationalism that has involved sociologists, historians, (...) political scientists, philosophers, and literary scholars during the past two decades. Although there are significant exceptions to this pattern of avoidance--David Miller and Liah Greenfeld are convenient examples--several prominent cases illustrate the pattern. The United States is mentioned in only a single footnote in Ernest Gellner's Nations and Nationalism. The United States is given short shrift in three of the most important collections of the 1990s: Homi Bhabha's Nation and Narration, John Hutchinson and Anthony D. Smith's Nationalism, and Geoff Eley and Ronald G. Suny's Becoming National. Montserrat Guibernau mentions the United States only twice, and in passing, in her Nationalisms: The Nation-State and Nationalism in the Twentieth Century. The United States gets less attention than Canada and the Ukraine in John A. Hall's rich, state-of-the-art collection of 1998, The State of the Nation. Ronald Beiner's Theorizing Nationalism has much more to tell us about Quebec than about the United States, which is alluded to even in passing by only half the contributors to this valuable anthology of 1999. That "nationalism is unknown" in the United States is claimed by Elie Kedouri, even in the fourth edition of his classic text Nationalism [143]. But the most interesting case of all is that of nationalism's most creative and influential theorist, Benedict Anderson.Anderson provides only episodic treatment of the United States while discussing "creole nationalism" in his influential book Imagined Communities. To be sure, Anderson's demonstration of the similarities between a large number of similarly situated, comparably developing national projects among creole populations in the New World is no cause for complaint. It is a signal contribution, and still insufficiently absorbed by a persistently Europe-centered discourse about nationalism. Anderson's recent book, The Spectre of Comparisons, also deals episodically with the United States, which Anderson now tells us explicitly has proved "too sui generis for ready-to-hand" [336] comparisons with other national projects in the Western Hemisphere. Most of Spectre of Comparisons is about Southeast Asia, just as the preponderance of Imagined Communities is about Latin America. Fair enough. [End Page 116]My point is not to find fault with Anderson for being an Area Studies specialist in so many areas of the world outside the United States. Nor do I have any significant quarrel with what little Anderson does say about the United States. What is worth remarking upon is simply that even the least Eurocentric of our era's leading theorists of nationalism in general has emerged not from the study of the United States, but from the study of Southeast Asia and Latin America. This is less a comment about Anderson than about the class of theorists of which he is a member. The scholars whose careers focus on the United States are "area studies specialists" of a kind, but few of them have intervened tellingly in the cross-disciplinary discussion of nationalism. One who did was the historian David Potter, whose still-powerful article "Historian's Use of Nationalism and Vice Versa" was published nearly forty years ago but is rarely cited today.The poison oak effect among theorists of nationalism would not be worthy of notice were it not for one fact that might be expected to attract rather than repel these theorists: the United States is the most successful nationalist project in all of modern history. What makes it "successful" is its longevity, its absorption of a variety of peoples, and its sheer power. Two-and-one-quarter centuries after its founding and 135 years after its Civil War, it is by far the most powerful nation-state... (shrink)

This book clarifies the relation between religion and ethics, articulates principles governing religion in politics, and outlines a theory of civic virtue. It frames institutional principles to guide governmental policies toward religion and counterpart standards to guide individual citizens; and it defends an account of toleration that leavens the ethical framework both in individual nations and internationally.