Political Obligation 4

Similar documents
Political Obligation 3

Political Obligation 2

Political Obligation. Dr Simon Beard. Centre for the Study of Existential Risk

Advanced Political Philosophy I: Political Authority and Obligation

Rawls versus the Anarchist: Justice and Legitimacy

enforce people s contribution to the general good, as everyone naturally wants to do productive work, if they can find something they enjoy.

Natural Law and Spontaneous Order in the Work of Gary Chartier

POL 10a: Introduction to Political Theory Spring 2017 Room: Golding 101 T, Th 2:00 3:20 PM

Politics between Philosophy and Democracy

Business Ethics Journal Review

Jus in Bello through the Lens of Individual Moral Responsibility: McMahan on Killing in War

Proceduralism and Epistemic Value of Democracy

-Capitalism, Exploitation and Injustice-

1. In the feudal period there was little idea of individuals having their own interests or

When Jobs Require Unjust Acts: Resolving the Conflict between Role Obligations and Common Morality

Running head: MOST SCRIPTURALLY CORRECT THEORY OF GOVERNMENT 1. Name of Student. Institutional Affiliation

A Conflict Of Visions: Ideological Origins Of Political Struggles PDF

Session 20 Gerald Dworkin s Paternalism

What Is Unfair about Unequal Brute Luck? An Intergenerational Puzzle

Why Does Inequality Matter? T. M. Scanlon. Chapter 8: Unequal Outcomes. It is well known that there has been an enormous increase in inequality in the

Last time we discussed a stylized version of the realist view of global society.

New Zealand Germany 2013

But priority problem: how do you decide in conflicts of principles

A NORMATIVE POSITIVISM: LINKING STRUCTURAL AND PROCEDURAL PRINCIPLES TO CONCEPTIONS OF AUTHORITY USING HART S RULE OF RECOGNITION

Samaritanism and Political Obligation: A Response to Christopher Wellman s Liberal Theory of Political Obligation *

Phil 115, June 20, 2007 Justice as fairness as a political conception: the fact of reasonable pluralism and recasting the ideas of Theory

Ethical Basis of Welfare Economics. Ethics typically deals with questions of how should we act?

Multiculturalism and liberal democracy

Choose one question from each section to answer in the time allotted.

The Forgotten Principles of American Government by Daniel Bonevac

CHAPTER 4, On Liberty. Does Mill Qualify the Liberty Principle to Death? Dick Arneson For PHILOSOPHY 166 FALL, 2006

Salutary Neglect. The character of the colonists was of a consistent pattern and it persisted along with the colonists.

Introduction to Social & Political Philosophy

CRITICAL PHILOSOPHICAL ANARCHISM

John Stuart Mill. Table&of&Contents& Politics 109 Exam Study Notes

Notes from discussion in Erik Olin Wright Lecture #2: Diagnosis & Critique Middle East Technical University Tuesday, November 13, 2007

Definition: Institution public system of rules which defines offices and positions with their rights and duties, powers and immunities p.

1. The two dimensions, according to which the political systems can be assessed,

ANARCHISM: What it is, and what it ain t...

Comments by Nazanin Shahrokni on Erik Olin Wright s lecture, Emancipatory Social Sciences, Oct. 23 rd, 2007, with initial responses by Erik Wright

Bobsdijtu Bddpvoubcjmjuz

Dye & Sparrow: Politics in America. Chapter 1: POLITICS: Who Gets What, When, and How

What happens at a Crown Court trial - The prosecution case.

Phil 116, April 5, 7, and 9 Nozick, Anarchy, State, and Utopia

Democracy is Bankrupt

Subverting the Orthodoxy

Core Values of the German Basic Law: A Source of Core Concepts of Civic Education

Political Science 103 Spring, 2018 Dr. Edward S. Cohen INTRODUCTION TO POLITICAL PHILOSOPHY

CONCEPTS IN THREE CENTRAL CHAPTERS OF INVITATION TO SOCIOLOGY BY PETER BERGER

We the Stakeholders: The Power of Representation beyond Borders? Clara Brandi

CHAPTER TWO EARLY GOVERNANCE AND THE CONSTITUTIONAL FRAMEWORK

Political Science 103 Fall, 2015 Dr. Edward S. Cohen INTRODUCTION TO POLITICAL PHILOSOPHY

To cite this article: Anna Stilz (2011): ON THE RELATION BETWEEN DEMOCRACY AND RIGHTS, Representation, 47:1, 9-17

Citizenship Education for the 21st Century

POSTGRADUTAE PROGRAM: BUSINESS ETHICS AND SOCIAL ACCOUNTING, SOME GENERAL CONSIDERATIONS TO INTEGRATE THE PAPERS AND THE SLIDES OF THE COURSE

Comment on Baker's Autonomy and Free Speech

RECONSIDERING CONTESTED SECESSIONS: UNFEASIBILITY AND INDETERMINACY

Choose one question from each section to answer in the time allotted.

Economic philosophy of Amartya Sen Social choice as public reasoning and the capability approach. Reiko Gotoh

Comments on Justin Weinberg s Is Government Supererogation Possible? Public Reason Political Philosophy Symposium Friday October 17, 2008

GOVT International Relations Theory Credits: 3 (NR)

2. Hobbes believes that this form of government would be best a. Democracy b. Republic *c. Dictatorship

The Moral Myth and the. Abuse of Humanitarian Intervention

POLITICAL AUTHORITY AND PERFECTIONISM: A RESPONSE TO QUONG

The O rigins of G overnm ent

Anarcho-Feminism: Two Statements

Locke. Locke s State of Nature

ABSTRACT. Electronic copy available at:

διανοια In order to clarify the functions of violence within the legal order of the modern REVOLUTION, REVELATION, RESPONSIBILITY:

Economic Perspective. Macroeconomics I ECON 309 S. Cunningham

The Democracy Project by David Graeber

Do you think you are a Democrat, Republican or Independent? Conservative, Moderate, or Liberal? Why do you think this?

Social Contract Theory

Summary of Social Contract Theory by Hobbes, Locke and Rousseau

Communitarianism I. Overview and Introduction. Overview and Introduction. Taylor s Anti-Atomism. Taylor s Anti-Atomism. Principle of belonging

how is proudhon s understanding of property tied to Marx s (surplus

4AANB006 Political Philosophy I Syllabus Academic year

BOOK REVIEW BY DAVID RAMSEY, UNIVERSITY OF LIMERICK, IRELAND

VI. Rawls and Equality

Lesson 10 What Is Economic Justice?

The limits of background justice. Thomas Porter. Social Philosophy & Policy volume 30, issues 1 2. Cambridge University Press

Summary. A deliberative ritual Mediating between the criminal justice system and the lifeworld. 1 Criminal justice under pressure

Is Rawls s Difference Principle Preferable to Luck Egalitarianism?

Liberals (aka the Left)

The limits of background justice. Thomas Porter. Rawls says that the primary subject of justice is what he calls the basic structure of

Lecture 11: The Social Contract Theory. Thomas Hobbes Leviathan Mozi Mozi (Chapter 11: Obeying One s Superior)

Social Contract Theory According to Thomas Hobbes & John Locke

A CRITICAL COMMENTARY ON KUKATHAS S TWO CONSTRUCTIONS OF LIBERTARIANISM

Rejection of liberalism. The justification for dictatorships

Dr. Mohammad O. Hamdan

What Does It Mean to Understand Human Rights as Essentially Triggers for Intervention?

Founding. Rare and Rational. A conscious, deliberate act of creating a system of government that benefits the people.

Lockean Liberalism and the American Revolution

Morals by Convention The rationality of moral behaviour

Theories of Justice to Health Care

Great comments! (A lot of them could be germs of term papers )

Ethics Handout 18 Rawls, Classical Utilitarianism and Nagel, Equality

University of Miami Law Review

Plato s Concept of Justice: Prepared by, Mr. Thomas G.M., Associate Professor, Pompei College Aikala DK

Chapter Two: Normative Theories of Ethics

Transcription:

Political Obligation 4 Dr Simon Beard Sjb316@cam.ac.uk Centre for the Study of Existential Risk

Summary of this lecture Why Philosophical Anarchism doesn t usually involve smashing the system or wearing a Che Guevara T-Shirt How classical anarchists subverted the idea of the state of nature and the original position to work against arguments for political obligation Why Robert Wolff believed governments wern't only unjustified, but unjustifiable, and that political obligations were like the square circle Why John Simmons rejected Wolff s account of philosophical anarchism, even though he also believes that we have no political obligations either Why one does not always have to chose between theories in political philosophy, but people tend to give you funny looks if you don t

Philosophical Anarchism If arguments for political obligation have succeeded then it follows that moral people have some special reason to obey the law. Philosophical anarchism is simply the denial of this, moral people have no special reason the obey the law. Of course they may well still obey most laws: 1. Most laws forbid things that would be immoral to do anyway 2. Laws are universal, non-voluntary and coercive, so it is also in our self interest to obey most of them most of the time 3. Obedience to the law may form part of 'the good life' (Plato, Hume, Rawls) Does it bother you if I say that you have no reason to obey laws that are both immoral and bad for you and that you would not be punished for breaking? If not then you may well be a philosophical anarchist

Philosophical Anarchism On the other hand, a philosophical anarchist also believes that there is ultimately no justification for the state at least on moral grounds. States simply happen to exist, they are 'amoral'. Furthermore, they think that if an action is wrong, then its also being illegal provides no additional (moral) reason not to do it but most of us probably feel that it does (e.g. theft is worse than not giving to charity which is worse than taxation). Note that people who believe in conditional political obligations (such as Natural Duty theorists) are not the same as philosophical anarchists. They may both think that (some) laws are unjustified, e.g. undemocratic laws. However, they still think that just laws do give moral agents additional reasons to obey them.

William Godwin Lived 1756-1836. Husband of Mary Wolfstoncraft. Responder to Edmund Burke. All around rebel and Georgian bad boy. Human beings in the state of nature are capable of building a moral society without any need for the state (as Locke argued). However, this takes a lot of time to perfect, and right now we are on our way towards that perfection. Our sense of obligation to the state is not what protects us from reverting to the state of nature, it is something that prevents us from moving forwards to a state of free cooperation. Such a state would be clearly preferable because it allows us all to act according to our private judgement about morality, which is the most reliable mechanism we have for living ethical (utility maximising) lives. So we should not consent to the government deciding for us, do not benefit from it doing so and cannot regard it as just.

Peter Kropotkin Lived 1842-1921. Russian anarchist and revolutionary. Played a, peripheral, part in the October Revolution of 1917. People, and other animals, are capable of tremendous degrees of cooperation even without the interference of state power. Even the most selfish people can easily evolve patterns of cooperation when they have to interact with others (e.g. soldiers in opposing trenches). Authoritarian institutions such as state governments entrench divisions along the lines of nationality, gender, race and class. Many laws play the role of policing these divisions and hence preventing valuable cooperation from taking place. This creates a state of conflict that is much harder to to resolve than those occurring in the state of nature.

Classical Anarchism Philosophical anarchism - we have no (moral) reason to obey the law. Political anarchism - we have some (moral) reasons to disobey the law Godwin and Kropotkin argue for philosophical anarchism via political anarchism the state is a bad thing, so we have no obligations to it Both see a state of anarchy as solving a problem that we perceive when we consider the effects of our current political state compared to the state of nature. We would be better off without the state and so are not obliged to obey its laws The problem with such theories is that there is very little evidence that when people coexist completely without states, in either recent or classical times, that their lives are better or their relationships more cooperative

Robert Wolff Each of us has a Primary Obligation of Autonomy which is the refusal to be Ruled (IDA 18). Humans do not only have the capacity to chose, and hence to be free, we also have a responsibility to use this capacity, and hence to be autonomous agents. Political obligations imply that we have surrendered our right to choose to an authority (whether individual or collective) and hence are neglecting our obligation to be autonomous agents who decide for ourselves. In effect, we have a Natural Duty against political obligation. The only exception to this, Wolff argues, would be a truly consensual democracy in which every individual chooses and constantly affirms the laws that they obey. However, Wolff points out, obedience to such rules would not really constitute any kind of political obligation.

Robert Wolff We have a Primary Obligation of Autonomy because this is a necessary precondition for moral action, we cannot have political obligations because we cannot chose not to chose. Wolff isn't arguing that we should simply reject all arguments for our political obligations, but rather that such obligations cannot exist - they belong in the category of the round square, the married bachelor, and the unsensed sense-datum (IDA 71) Imagine the response your mother would give you if you told her that you did something bad because your friend told you to. It isn t (only) that she thinks your friend told you to do the wrong thing, she also thinks that you were never in a position to give up your moral responsibility like that.

Robert Wolff Why is autonomy supposedly our primary obligation above all else? Why is autonomy so utterly incompatible with authority? Do we not chose who to give authority to? Is not accepting authority an important part of developing our personal autonomy (nobody is autonomous from birth)? How can we even make sense of individual autonomy when people s choices depend, in so many ways, on identity, norms, values and culture? Autonomy can lead to paradoxes. For instance in order to chose an action I need to chose principles that guide my action. However my action is then not autonomous, but dependent upon the principles that I had chosen previously. What should I do in such situations?

John Simmons Simmons rejects Wolff s argument on different grounds. He argues that if we had the primary obligation of autonomy that Wolff claims then it would rule out not only political obligation, but also promise keeping and other unobjectionable institutions. However Simmons is still a philosophical anarchist on purely 'aposteriori' grounds. He just does not accept that there is any justification for political obligation - not that it is inherently unjustified. The only way in which we could obtain political obligations would be to swear an oath to uphold the law (actual consent to be governed). Very few adults in most states do this; children sometimes do so, but should they be held to such oaths?

Against Philosophical Anarchism John Horton - it is a mistake to think that political life is left more or less unchanged by dispensing with some conception of political obligation and adopting the perspective of philosophical anarchism. Unless it can be shown that we can continue to talk intelligibly and credibly of our government or our state, then a radical rethinking of our political relations is an unavoidable consequence (PO 133) Do we really believe that states are amoral, or even immoral? If so then it probably doesn t matter if we don t have any political obligations. However why not adopt political anarchism in such cases? However, it seems like, whilst they all fail, the arguments for political obligation are getting at something. Also states do seek justification from their citizens at least in modern times, are all such efforts really in vain?

Ethical pluralism and political obligation All arguments for political obligation and philosophical anarchism are contingent upon the kind of moral theory that we support. A growing number of moral philosophers however are pluralists, they do not believe that any one moral theory is correct, but that many different theories provide us with reasons for moral decision making. Many of the objections that particular theories face stem from the fact that their accounts of political obligation cannot be universalised. Social Contract Theory only applies to those who have consented, the principle of Fair Play to those who have accepted goods or occupy public office, natural duty theories to democratic or just states. If we combined these views then this might extend their collective reach

Ethical pluralism and political obligation It is also possible to accept that some people have political obligations, whilst others do not. For instance, if an act is illegal and yet morally permissible we may feel that ordinary citizens aren t obliged to obey it, but that public office holders would be wrong to do so However pluralism is less common amongst political philosophers. Most accounts of political philosophy are both thin, in the sense that they do not seek to commit one to wider ethical theories, and ideal, in the sense that they seek to provide universal principles for action under ideal circumstances. Hence, even if a pluralist conception of political obligations might satisfy our intuitions about political obligation, it is unlikely to satisfy many political philosophers

Closing thoughts Methodology - what do we do with all these arguments? 1.Defend which ever theory we think is right or best 2.Improve any theory, whether we agree with it or not, by strengthening it against relevant objections 3.Narrow the field by excluding all theories that are obviously wrong whilst not deciding between others (maybe we are indifferent between them, maybe we accept pluralism or maybe we will leave this work for others) 4.Reject all of the available theories and try to produce a new theory that does better than any of them 5.Reject all of the available theories and question some key premise or assumption that is driving them all down Impact - despite being academic these arguments matter, and don t you forget it!

References IDA - Wolff, Robert, (1998). In Defense of Anarchism, University of California Press. PO - Horton, John, (1992). Political Obligation, Macmillan. Simmons, John, (1979). Moral Principles and Political Obligations, Princeton University Press.