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This paper enquires into the relationship between democracy, law, and revolution in the Marxist works of Harold J. Laski (1893-1950). It is a helpful study to sketch the way in which British Socialists interpreted Marxian categories in the early twentieth century. Laski’s theses on legal pluralism, the opposition of ‘revolution’ and ‘counter-revolution’, and the incompatibility between capitalism and democracy will be discussed by emphasising their interaction with his notion of ‘revolution by consent’. I will also show that Laski’s conception of law and revolution might shed light on his interpretation of the relationship between the economic structure and the politico-legal superstructure, and particularly on his thesis of the reciprocal influence of those two layers of society as giving crucial importance to democratic methods. These conclusions, in the end, might be profitably compared with some conventional readings of Marx’s ideas about revolution, in order to examine and discuss their interpretive validity and stress their implications concerning the transformation of legal systems.
While Supreme Court nominations have become increasingly high-salience political events, we know little about their prioritization relative to other issues by core constituency groups. We examine how individual donors and the mass public prioritize nominations, as well as factors they believe presidents should consider when selecting judges. To do so, we constructed original questions for a survey of over 7,000 validated donors and a comparison general population sample. We find donors are substantially more likely to prioritize nominations than their general public co-partisans, particularly Republican donors. Further analysis suggests the prioritization gap is consistent with theories that donors are motivated to move policy toward the ideological extremes. Analyzing policy positions, the largest donor-public difference occurs for diversity in appointments, but for all positions we find smaller differences than for prioritization. Overall, the findings highlight donors’ policy priorities may diverge from those of the public even more than policy positions do.
Research suggests that caregivers of patients with disorders of consciousness such as minimally conscious states (MCS) believe they suffer in some way. How so, if they cannot experience sensations or feelings? What is the nature of their suffering? This paper explores non-experiential suffering (NES). It argues that concerns about NES are really concerns about harms (e.g., dignity-based harms), but still face problems. Second, it addresses the moral importance of bearing witness to suffering. It explores several possible accounts: epistemic (bearing witness generates important knowledge), consequentialist (witnesses’ interests also matter), and deontological (there is a duty to bear witness). It argues that witnessing suffering creates epistemic advantages and disadvantages for determining a patient’s interests; that clinicians’ interests to not bear witness may have considerable moral weight; and that the obligation to bear witness to NES is unclear.
How can governments in racially divided societies protect vulnerable populations from political violence after large-scale internal conflict? When the dominant majority is bent on perpetuating its power and privileges in the racial hierarchy, benevolence by government interveners is unlikely to curb oppressive violence against subordinate groups. There is thus no alternative to using military coercion to crush insurgents and their civilian supporters. However, failing to maintain this coercive apparatus can exacerbate violence over the long term by triggering racialized revenge dynamics, particularly in communities that were occupied by troops of the subordinate minority. To substantiate these claims, we show that different parts of the postbellum American South experienced uneven spikes in white supremacist violence following the end of federal military occupation in the 1870s: counties that had previously been occupied by Black troops witnessed higher incidences of anti-Black violence than other areas. This effect persisted for many decades, contributing to the dismal climate of violence that prevailed during the nadir of American race relations.
This essay argues that what distinguishes a negatively valenced phenomenal experience from suffering is an ability to make meaning of the experience. In this sense, intellectual ability influences the extent and nature of suffering. But this connection is not a straightforward one, since intellectual ability cuts both ways. On the one hand, those with higher levels of intellectual functioning are better able to make meaning of negative experiences, thereby reducing their suffering. On the other, intellectual ability can influence the depth and breadth of one’s negative experiences, thereby increasing suffering. This means that we cannot make any assumptions about a person’s susceptibility to suffering based on their level of intellectual functioning alone.
Long viewed as an example of effective multilateralism, UN peace operations are facing mounting challenges. Transformations in the landscape of conflict are outpacing their ability to respond. Rising expectations of peacekeeping have led to disenchantment with what they can deliver, while dis- and misinformation tactics undermine the efforts of the UN to make and build peace. As UN peace operations risk becoming another casualty of intensifying international tensions, great power rivalry, and the erosion of the rules and norms that govern international cooperation, we consider the future of UN peace operations. In the debate between a “pragmatic” and an “adaptive” approach to peacekeeping, we argue that a fundamental question is the ability of both alternatives to address three recurring issues that have shaped the effectiveness and legitimacy of peace operations: the mismatch between ambitious mandates and limited resources; the gap between the protection of civilians objective and its implementation in practice; and growing difficulties in honoring the principles of impartiality. We argue that policymakers and researchers should not lose sight of the fact that peacekeeping's legitimacy depends on its adherence to some version of host-state consent and some kind of restriction on when and how force is used. The expectation of civilian populations that the UN stands for protection also means that the UN must continue to safeguard some key norms associated with peacekeeping.
This article addresses recent work on empire and colonisation which calls for a reappraisal of how agency and resistance manifests among groups responding to structural marginalisation. We argue that approaching these questions from within the colonial order reveals important idiosyncrasies regarding how groups understood resistance, agency, and popular organising as possible responses that emerged from within imperial landscapes. Using the example of race as a central regulatory category and practice of colonial power, we analyse two cases which we suggest benefit from an account of agency and resistance within colonial order: the Black Loyalists in English America and the Indigenous royalists of New Granada, two groups which pursued emancipation by choosing to remain under colonial rule. The resulting analysis produces a more dynamic account of resistance and emancipation which responds to the far-reaching influence of colonial order for resistance movements at local, national, and international levels. This account contributes to recent debates which call for theoretical analysis of “middle actors” and popular thinking as it relates to international politics, postcolonial movements, and studies of empire.
Can United Nations peace operations improve their effectiveness and strengthen longer-term positive legacies in host nations by shifting to greater use of renewable energy? Since the end of the Cold War and the growth of modern UN peace operations, attention has been focused on the missions’ mandate of supporting political strategies for peace and core objectives such as protecting civilians. Could missions better meet their mandate with improved energy options and reduced emissions, or is there a trade-off with the core objectives? As the missions are nearly fully dependent on diesel generators to power their operations, what is the UN’s responsibility to reduce emissions at a time when addressing climate change is a priority of the UN Secretary-General? Is there an ethical case to make for the UN to support greater use of renewable energy where it operates? And could the UN partner with host nations and others to support a shift in energy use that benefits the communities that host peace operations? This essay argues that missions could reduce their emissions and leverage their energy needs to increase security, strengthen ties to local communities, increase energy access, and support the climate goals of host nations. Drawing on case studies in recent peacekeeping missions and the author’s review of UN commitments across mandates, the Sustainable Development Goals, peacebuilding, and climate goals, this essay will address this area of potential innovation that can help build a positive legacy for UN missions and countries emerging from conflict.
Discussions of Nazi law tend to centre upon Fuller’s desiderata of the rule of law. Whilst not disputing this connection, this essay argues that tyranny and oppression are marked by the (ab)use of law to invade the domain proper to individual moral thinking, and to transform citizens into models of conformity to whatever values the tyrant cherishes. Its main consideration is how a community can recover from periods of tyranny, and how the law can recover its dignity having shown itself capable of evil uses. So, it is focused more on ‘substantive’ rather than ‘procedural’ morality.
Kant begins the 1781 Preface of the Critique of Pure Reason with a history of metaphysics told as a sequence of failed political regimes. This history has been largely passed over both in the literature on Kant’s metaphysics and in that on his political philosophy. This article provides an interpretation of Kant’s history of metaphysical regimes as a way of exploring the political themes and aims of the First Critique. Kant’s opening narrative articulates the role his critique of metaphysics plays in establishing the possibility of a lawful order of reason that defends morality against threats arising from reason’s theoretical dissatisfaction. The political history of metaphysics presented in the A Preface reveals Kant’s understanding of the public role philosophy must undertake in the context of the modern crisis of reason.
Although it is largely overlooked, Thomas Hobbes spent the final years of his life translating Homer’s epic poetry. Despite an overwhelmingly popular extant English edition of the Iliad by George Chapman, Hobbes chose to proffer his own account, often taking great liberties with the source material. Juxtaposed against Chapman’s translation, we see that Hobbes implicitly critiques the political philosophy it commends—a philosophy which disrespects kingly power, misunderstands sovereign authority, and abdicates human virtue. Hobbes sees these elements as corrupting the poetic imagination of England, precipitating much of the unrest we see in the seventeenth century. In correcting and reframing these tales for a new world, Hobbes provides a moral scaffolding for his political philosophy through one of the most widely read classical texts of his time.
Debates on reparations for colonial atrocities highlight the relationship between international law, political time, and (in)justice. This paper examines Germany's foreclosure of reparation claims raised by descendants of survivors of its 1904–8 colonial genocide. The analysis draws on parliamentary interpellation records (1989–2021) around the question of German reparations to Namibia's Ovaherero and Nama. I argue that Germany mobilizes temporal rules of international law, especially the non-retroactivity of the Genocide Convention, to deflect from such claims. This strategy first confines the political question of colonial reparations to the international legal realm, only to then invalidate it via the temporal rule of law's non-retroactivity. I argue that this strategy enables a ‘chronopolitics of deflection’, by which Germany has pointed away from colonial reparations while directing attention to development assistance payments to Namibia. The paper relates these findings to theories of political time, arguing that Germany's reliance on the non-retroactivity of the Genocide Convention yields what I call a ‘projection of history as normatively temporalized time’. The paper concludes with critiques of the relationship between international law and colonial reparations, arguing that current invocations of inter-temporal and non-retroactive international law implicitly reiterate colonial law, thereby locking in place an unjust legal past.
This paper reflects on representations of the convergence of Islam and feminism in light of the recent uprising of Iranian women. Most of the existing literature discussing Muslim women’s rights are locked in a dichotomy of approaches, one being prejudicial and the other apologetic. The prejudicial approach is a (neo-)Orientalist one. It understands Muslim societies as backward and their redemption in abandoning Islam and following the lead of the “West.” The apologetic approach is a multiculturalist one, advocating most prominently by academic feminists based in Europe and United States. In trying to reclaim agency for Muslim women, this approach denies real oppressions happening in Muslim societies, and as a result of Islamic practices. Inspired by Iranian women’s fight for freedom, this paper challenges the aforementioned dichotomy, and instead calls for a third approach that begins with, and responds to, the lived experiences of women living in Muslim societies.
In this paper, we propose a performative account of hinge epistemology to make the case for a feminist hinge epistemology. We characterize it as follows: 1) there are hinges that enable and govern our ordinary epistemic practices, functioning as rules; 2) these hinges are enacted and actualized in the specific actions of agents that participate in such practices; 3) this makes room for the transformation and emergence of hinges; 4) against this background, we argue in favor of the possibility of feminist hinges. This novel account opens the way for hinge epistemology to be useful for feminist goals in epistemology, which we believe is the ultimate criterion for hinge epistemology to be legitimately feminist.
Modal panentheism claims that God encompasses all possible worlds and that a substantial number of possible worlds exist. This article defends a version of modal panentheism that is grounded in perfect-being theology, which maintains that God holds all great-making properties to the highest possible degree. In addition to goodness, modal panentheists consider encompassment to be a great-making property, and therefore, God (a maximally encompassing being) is said to encompass all possible worlds.
Nagasawa argues that modal panentheism faces a significant problem: the modal problem of evil. The argument states that if modal realism is true, then there exists a substantial number of possible evils that contradict God’s perfect goodness. Nagasawa proceeds to claim that modal evil poses a greater threat to modal panentheism than actual evil does to traditional theism.
This article develops two responses to the modal problem of evil. The first response (maximal-panentheism) argues that God need not be all-good or all-encompassing. The second response (no evil worlds) argues that worlds contradicting God’s perfect goodness are not possible worlds. In the light of these responses, I claim the modal problem of evil for modal panentheism is no more intractable than the problem of evil for traditional theism.
The neo-Kantian transcendentalist reading of the epistemic status of logical axioms in Frege argues that he is committed to the neo-Kantian idea that we are epistemically justified in accepting logical axioms because accepting them is necessary for achieving epistemically crucial goals. However, I show that Frege hesitates to be fully committed to neo-Kantian transcendentalism because he struggles to accept the idea that such a teleological reason can constitute an epistemic warrant. This interpretation shows some crucial aspects of his philosophy of logic, such as his understanding of the relationship between the simplicity and the sufficiency of logical systems.
We study original position arguments in the context of social choice under ignorance. First, we present a general formal framework for such arguments. Next, we provide an axiomatic characterization of social choice rules that can be supported by original position arguments. We illustrate this characterization in terms of various well-known social choice rules, some of which do and some of which do not satisfy the axioms in question. Depending on the perspective one takes, our results can be used to argue against certain rules, against Rawlsian theories of procedural fairness, or in support of richer, multidimensional models of individual choice.
This paper addresses the problem of patriarchy in Hegel’s Philosophy of Right by focusing on his conceptualization of family life. The question is not whether the social order envisaged by Hegel is patriarchal or not: his account of the domestic relations between the sexes, in the first place, leaves no doubt about the fact that what he has in mind is a society ruled by men at all levels, while women have no access to public life broadly conceived (from the labour market to corporations and political affairs). The point is rather to ask what kind of patriarchal order this is. Through an analysis of Hegel’s joint criticism of both the social contract and the marriage contract, I intend to show how a specifically modern form of patriarchal rule, understood as pure masculine domination, has emerged as the product of the contractualist interpretation of social relationships. Hegel helps us indeed acknowledge that a peculiar kind of dominion, one that systematically places the structure of arbitrariness at the heart of politics, is inscribed in the rationale of contractualism in so far as it has progressively become the theoretical basis of legitimate authority in modern European states. Patriarchy, in this context, surfaces as the negation of traditional patriarchal rule: it consists in the formalistic and thus arbitrary absolutization of a masculine order that is no longer articulated in society’s constitutional arrangement but is ideologically subsumed from an unproblematized social experience. Hegel’s patriarchal order, on the contrary, remains a strictly political-constitutional feature of the organization of ethical life. Although his views in this regard are both despicable and unviable for us, then, his speculative contribution concerning the conceptual framework of social domination can help us better frame modern and contemporary forms of patriarchy.