October 2008

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According to the value theory advanced so far, democracy is best understood in terms of three core values: equality of interests, political autonomy, and reciprocity. These values ground democratic rights of citizens, most obviously rights associated with the rule of law, on the one hand, and familiar freedoms of conscience and expression on the other. These rights, and the values they express, take seriously our status as free citizens who are, in equal measure, the willing authors and subjects of the laws.

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I’m grateful for the opportunity to participate in this forum, and thank Simon May and Public Reason for the work in organizing this symposium.

My paper provides a positive account of coercion that responds to difficulties I have found in many recent writings about coercion.  It enters these debates through what seems a bit of an off-hand distinction that some have made, between coercion via threat, and uses of direct force or violence for similar purposes (such as to constrain an agent from being able to act).  Some philosophers have made a big deal of the claim that coercion has to go “through the will” of the coercee, and thus direct force is not coercive.  By and large, though, most recent writers have simply assumed this to be so, as though it were obvious. This seems to me quite at variance with older notions of coercion, so this change is worth remarking upon.

I argue in this talk, the dispute over whether there are two sorts of coercion here or one points up a problem with accounts that identify coercion with the way threats put “pressure on the will,” giving little or no attention to the kinds of powers and activities that make it possible for coercers to issue credible threats.  I claim that in order to reasonably regard a particular communication (say, a “threat”) as coercive, the threat maker must be drawing upon the sorts of powers that explain why the coercee should take such threats as credible.  These would include relational facts that explain why the coercee does not in turn threaten the coercer back, disarm or disable him, evade the threatened consequence, ignore the threat, or otherwise proceed contrary to the way the threat-maker demands.  When one agent demonstrates a willingness and ability to use powers such as force and violence, unchecked, against another, this powerful agent is in a position to greatly restrict the possibilities for action of his target.  The powerful agent can thereby make demands of the target, the fulfillment of which become necessary means to virtually anything the target of the demand might wish to do.  Without such powers over the target, it becomes somewhat mysterious why the target should accede to the demands of the would-be coercer.

In this podcast, I am only able to outline the two different ways of thinking about coercion (what I call the “enforcement approach”, contrasted with what I call the “pressure-on-the-will approach”), and give some reasons to think that the enforcement approach is more fundamental.  In a longer version of this paper, I consider a variety of objections that might be raised to the central account presented here. If you are interested in the longer version of this paper, you can find it at this link

I am grateful also to William Edmundson for taking time to respond to this paper, and look forward to a lively discussion in the comments. [Bill's comments are available here -- SCM]

Conference: Whose Opportunities? A Critique of Equality 

When? 29, 30, 31 October 2009

Where? Lisbon

Organization

Centre for Humanistic Studies, University of Minho (CEHUM)

Centre for the History of Culture, New University of Lisbon (CHC)

Call For Papers: Equality of Opportunity 2009. Submission Deadline: 1st of March 2009

The Centre for Humanistic Studies of the University of Minho (CEHUM) and the Centre for the History of Culture of the New University of Lisbon (CHC) are sponsoring an international conference on the ideal of equality of opportunity which will take place in Lisbon the 29th, 30th and 31st of October 2009. Participants to the conference include: Richard Arneson (University of California, San Diego), Vincent Bourdeau (University of Besançon), Matthew Clayton (University of Warwick ), Marc Fleurbaey (Cerses, CNRS), Axel Gosseries (Hoover Chair, University of Louvain-la-Neuve), Cécile Laborde (University College London), Ruwen Ogien (Cerses, CNRS), Martin O’Neill (MANCEPT, University of Manchester), Patrick Savidan (Sorbonne-Paris IV University), Adam Swift (Centre for Social Justice, University of Oxford), Bertil Tungodden (Norwegian School of Economics and Business Administration), Daniel Weinstock (CRÉUM, University of Montreal), Jonathan Wolff (University College London).

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Consider the following case:

Tanya lives in a small, newly created country in Eastern Europe. Perhaps the most important issue in the region is the treatment of a disenfranchised minority that lives throughout the country. Tanya truly dislikes the minority and wants to further damage them if she can. While public opinion concerning the minority varies greatly, the government has taken the side of the minority. Consequently, a ban has been placed on any action or public speech that is intended to hurt the disenfranchised minority. In other words, the government has made laws against hurting the minority, but Tanya wishes she could hurt them.

Now ask yourself: ‘To what extent do these laws diminish Tanya’s freedom?’

Once you have thought of an answer to this question, consider a case that is exactly the same except that Tanya wants to help the disenfranchised minority:

Tanya lives in a small, newly created country in Eastern Europe. Perhaps the most important issue in the region is the treatment of a disenfranchised minority that lives throughout the country. Tanya truly cares about the minority and really wants to help them if she can. While public opinion concerning the minority varies greatly, the government has sided against the minority. Consequently, a ban has been placed on any action or public speech that is intended to help the disenfranchised minority. In other words, the government has made laws against helping the minority, but Tanya wishes she could help them.

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So far Democratic Rights has forced a choice for theorists developing a conception of democracy. We can accept an austere procedural ideal or an expansive basket of substantive rights. Positions that fall in between are prone to instability. Ronald Dworkin famously exploited this instability in his criticism of proceduralism in Law’s Empire. He thinks that we misconstrue the concept of democracy when we identify it with the mere presence of majoritarian institutions. To make good on this claim, he treats democracy as an interpretive concept. We can get at its inner structure by constructively interpreting the practice where the concept “lives.” What follows is a method for resolving disputes about the content of the concept of democracy. We identify that values that make democracy worthwhile. The interpretation that casts democracy in its best light will yield its concept.

I hope this sets the stage for Chapter 3 of Democratic Rights. It is here that the distinctiveness and ambition of the Brettschneider’s view is fully on display. The chapter aims to put into place the pieces for a position that is considerably more expansionist than Dworkin’s. The idea is that democratic citizens – given their liability to coercion from a system of law – are owed much more than the rights traditionally associated with democracy. It is not enough to extract freedoms of speech and the rule of law from a concept of democracy. We can extend this approach to yield a package of substantive claims normally associated with a theory of distributive justice. The rights defended in Chapters 4 – 7 – including rights to privacy, basic assistance, and not to be executed by one’s state – aren’t understood to follow from ordinary usages of the bare idea of democracy.

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Many thanks to Anna for another very careful summary and an important set of questions.  In Chapter One and our discussion about it I emphasized why the value theory forces proceduralists to make a choice: Either they can acknowledge that there are values and outcomes that constrain procedures or they must give up on the idea that there are democratic rights that cannot be jettisoned.  It strikes me that Habermas tries to avoid this dilemma in his repeated insistence that his is a procedural account of democracy at the same time that he proclaims the importance of rights of addressees. Anna suggests that Habermas’ notion that “legal form” and the “discourse principle” are co-original might suggest that he is close to my own view that democratic procedures are at times constrained by some democratic outcomes.  On such a reading Habermas would have to give up on procedure as the normative grounding of democracy.  I think that this is likely the best reconstructed reading of Habermas, but it is a concession that many Habermasians do not want to make. On such a reading, procedure has a role in but it cannot serve as the fundamental normative grounding of a theory of democracy. Charles Larmore’s piece “The Foundations of Modern Democracy: Reflections on Jurgen Habermas,” is on point here and suggestive of why Habermas himself tries to resist such a move. I would be interested in hearing from others whether they read Habermas as endorsing something like the value theory or whether he might go the kind of route that Jordon Dodd was suggesting in our discussion of the previous chapter.

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It seems that governments sometimes act in ways that are good, but not required by any plausible conception of justice.  Think of the lovely flowers on the highway median, or the block party thrown in your town each year, or the grant you received last summer.  Or, more controversially, consider the victim compensation fund set up by the U.S. Congress after the September 11th attacks, or maybe even the $700 billion bailout of the U.S. financial industry going on right now.

When the government provides for these things, it may be engaging in what we can call government supererogation.  Which acts we’d label as examples of government supererogation will depend on which theories of justice and goodness we accept.  While there is disagreement over these theories, and thus disagreement over which specific acts are supererogatory, I believe most people would identify some acts as fitting into the category.  Taken together, these acts may consume a substantial amount of public resources and attention.

In my contribution to the Political Philosophy Podcast Symposium, I argue that the kinds of acts that seem to be examples of government supererogation are only apparently supererogatory.  Because of the kind of agent government is, the category of supererogation is unavailable to it.  Acts of apparent government supererogation, I argue, are instead either wrong or required by justice, and for most such acts the latter option is implausible.

This paper is related to a larger project of mine on questions about the agency of justice.  Some of these questions have to do with the agency of the state, since the state is typically thought of as the prime agent of justice.  Other questions concern other possible agents of justice, such as private citizens and voluntary associations.

I look forward to getting your thoughts on the paper.  Thanks for listening / reading.  Thanks also to Simon for setting up the Symposium, and to Helena de Bres for her very helpful comments.

Click here to read the paper.

Click here to read Helena de Bres’s comments on the paper.

Moral Sense Test

Fellow philosophy blogger Eric Schwitzgebel (Riverside/The Splintered Mind) is looking for philosophers to participate in a Moral Sense Test specifically designed for philosophers. The test presents trolley-type scenarios and asks respondents for their moral judgments about those scenarios. Eric and his collaborator, Fiery Cushman, are particularly looking for participation from ethicists. You can access the test here.

Summary:

Corey Brettschneider argues in Chapter 2 of Democratic Rights that citizens’ status as rulers in a democracy entitles them to claim individual rights based on the core elements of the value theory—equality of interests, political autonomy, and reciprocity.  These democratic rights are substantive rights and not just rights of participation.  After elaborating how the value theory works to ground substantive rights, Brettschneider closes by considering how two fundamental democratic rights—to the rule of law and to freedom of speech—might be argued for from the perspective of the value theory.

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I would like to thank Micah and Eric for organizing this group.  I would also like to thank Micah for his very careful and insightful summary of Chapter One, “The Value Theory of Democracy.”  I’ll take his second question first.  Micah is right to say that the value theory rejects a sharp distinction between democracy and liberal rights but that it relocates a tension between democratic procedures and substantive rights within the ideal of democracy.  The value theory does not resolve the tension between democracy and substantive rights in the particular sense that it gives neither an absolute weight to either democratic rights or democratic procedure.  Ideally, on my view, democratic procedures will affirm democratic outcomes.  But non-ideal circumstances will arise where democratic procedures violate democratic rights.  I examine such non- ideal cases in chapter seven, which Alon will comment on.  I argue there in favor of a balancing approach between democratic substantive rights and democratic procedures when these non-ideal circumstances arise.

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Here is my contribution to this podcast symposium; I’d like to add my thanks to Simon May for organizing this online event.

In a number of states and countries, transgender activists and scholars are challenging the rules and regulations for altering one’s sex status on official documents and records.  In this presentation, I explore why each person must have an official or legal sex, and why these identities are subject to the control of our governments.

I include below links to an audio file, as well as presentation slides, with and without the same audio, so you can listen and read along at the same time.  I also include a link to the text of my presentation.   Lori Gruen’s helpful comments are linked below my text.

Presentation slides with embedded audio

Presentation slides without audio

Text

Lori Gruen’s comments

Welcome to the first installment of our reading group on Corey Brettschneider’s Democratic Rights: The Substance of Self-Government. This post will focus on Chapter 1, The Value Theory of Democracy.

Summary

This chapter begins by describing the view, commonly held among liberal theorists, that there is a conflict between democracy and individual rights. On this view, democracy is defined by a set of political procedures, whereas rights are substantive, or “procedure-independent,” constraints on the outcomes of those procedures. This view leads to the following puzzle in democratic theory:  If democratic procedures confer legitimacy on their outcomes – because the people who are subject to those outcomes have also authorized them – then how can those outcomes be limited by a set of procedure-independent, or substantive, rights? This is what Brettschneider calls the “problem of constraint” (8). Read the rest of this entry »

Starting on Monday, we will be hosting a virtual reading group on Corey Brettschneider’s book, Democratic Rights: The Substance of Self-Government. Following the model of the Estlund reading group, we will be reading one chapter each week. Someone will post a brief summary of the chapter, along with a few questions or comments to help start discussion. Corey has agreed to participate, and we hope you will join us. The schedule for the reading group is included below the fold. [Corey's responses for each chapter discussion are linked in parentheses.] Read the rest of this entry »

Hi everybody,

The paper I am presenting for this podcast symposium is part of an ongoing research interest of mine in how torture becomes institutionalized in military forces that are (in theory at least) committed to the prohibition against torture. I am particularly interested in how the processes of rationalization and normalization contribute to the use of torture, and how language, training, and torture methods effect the moral attitudes of those involved in the authorization and use of torture.

I was inspired to write this paper after noticing that the term “torture lite” was turning up quite frequently in the public debate about torture, used both by those who argue against torture and by those arguing that torture might sometimes be justified. I was interested in how the use of this phrase (and similar phrases such as “enhanced interrogation”) shaped the debate about torture, and in whether this term does pick out a set of torture techniques that are generally or always less severe than more violent torture methods. In particular, I began to wonder how the techniques described as torture lite (for example, extended sleep deprivation, forced standing, noise bombardment, isolation, and manipulation of heat and cold) shaped torturers’ (and others’) moral perception of what is being done to the victims and who is responsible for it. It struck me that so-called torture lite techniques share certain features that tend to mask the effects of these methods on the victims and minimize the torturer’s role in causing the victims’ suffering, and that this might play an important role in making such forms of torture seem more palatable to liberal democracies than would otherwise be the case.

I hope you find the paper interesting to read/listen to. I look forward to reading your comments, and many thanks to Simon May for organizing this symposium.

I haven’t included the footnotes in the podcast of the paper, and I have left some material out in order to make it a manageable length, but you can read the full version of the paper here

David Sussman’s excellent comments are available here

You can listen to the podcast below.

Murphy Institute Fellowships: 17 November 2008

The Center for Ethics and Public Affairs at the Murphy Institute at Tulane University announces residential Faculty Fellowships for the 2009-2010 academic year.

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Stanford Center for Ethics: 15 November 2008 – 10 January 2009

From Debra Satz and Rob Reich at Stanford:

The McCoy Family Center for Ethics in Society and the Program in Global Justice at Stanford University seek five post-doctoral fellows for 2009-10. We welcome candidates with substantial normative research interests from diverse backgrounds including philosophy, the social sciences, environmental studies, and professional schools.

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