The right to resist and the right to rebel have again become relevant as legal problems. Their justifications traditionally derive from natural law, human rights, the principle of the lesser evil or of the social contract. Interpretation of the right to resist expresses the tendencies to the law of people, in particular, the right to self-determination, distinguishing national and international understanding, and underscores the special nature of such right. Also, two-level research of the right (...) to resist should be distinguished research of the right to resist – the first is a debate about the nature character and legislative consolidation of this right, partly focused on preventive-limiting its properties, whereas the second one is updated at the time of social upheaval and legal concerns, and it contains not only the evaluation of the events, but sometimes attempts to justify ex post risk of abuse and original post-legitimation of public authorities. An important condition for the existence of the right to resistance is a legitimate aim. This could be called the internal condition, which is provided by those who implement this right. Other condition (which can be called external) and the base of implementation should recognize certain actions, acts or decisions by public authorities – those that violate human rights are illegal and unfair. At the same time, the purpose and result of the right to resistance may be changes in the public authorities, the termination of abuse of authority and violation of human rights by its agents, return to democratic legal regime or change in the constitutional system, aimed at creating a state of law, as well as in some cases, when combined with the right to self-determination, – the achievement of independence. The author of the present paper considers that the right to resist is an individual right, a human right. The author inclines to the idea of the collective nature of the right to resist implementation, but warns against simply counting the number of persons engaged in it. In other words, it does not matter how many people commit acts, but it does matter how many people support them. Considering the modalities of implementing the right to resist, it should be noted that these forms can be active or passive, expressed in actions directly or indirectly. The right of rebellion is an extreme form of the right to resist, which is carried out in case if the non-violent means of resistance are exhausted or proved ineffective. The conditions (and bases) of the right of rebellion are phenomena, such as the following: (1) massive human rights violations by public authorities (quantitative criterion); (2) systematic human rights violations by public authorities (accumulating criterion); or (3) extraordinary human rights violations by public authorities (criterion by serious, explicit and violent nature of the violation). Ambiguous is an issue of the limits of the right of rebellion, its permission and proportion, as well as whether it is possible to develop a mechanism for exercising this right. (shrink)

Mengzi believed that tyrannical rulers can be justifiably deposed, and many contemporary scholars see this as evidence that that Mengzi endorsed a right of popular rebellion. I argue that the text of the Mengzi reveals a more mixed view, and does so in two respects. First, it suggests that the people are sometimes permitted to participate in a rebellion but not permitted to decide for themselves when rebellion is warranted. Second, it gives appropriate moral weight not (...) to the people’s judgments about the justifiability of rebelling, but rather to certain affections and behaviors that closely track their life satisfaction. I contend that in both respects the permissions Mengzi grants the people fall short of a proper right of rebellion. I conclude that the more historical account of Mengzi’s “just revolt theory” suggests an intriguing division of justificatory labor, and note some of the advantages of this account. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Recovering Aquinas's Common-Good-Oriented Right of RebellionNathaniel A. MoatsIntroductionAs recent events have woefully displayed, armed rebellion is not a topic of merely theoretical interest.1 While theory seemingly has very little impact on the citizens participating in armed rebellions, theory still remains of paramount importance, providing crucial criteria to evaluate, restrain, apply, and respond to such force. Criteria such as legitimate authority, just cause, right intention, necessity, proportionality, (...) and likelihood of success have been offered by thinkers advocating "just war" theory from across diverse political, philosophical, and religious backgrounds, garnering widespread agreement over the centuries. Contemporary scholars who identify as "historically oriented" just war thinkers have continued to defend that historical tradition as a sufficient and substantial guide for contemporary practice.2 Yet some have questioned whether the it can provide useful aid for dealing with contexts of political tyranny. In a 2013 article, Valeria Morkevičius describes [End Page 175] Western culture as divided over the moral permissibility of armed rebellion, with advocates basing their views on the Enlightenment ideas found in John Locke and Jean-Jacques Rousseau, whereas traditional just war theorists have generally denied a right to armed rebellion.3 In Morkevičius's perspective, she argues that there can be justified use of armed force against tyranny and calls upon other scholars to help create a "just rebellion theory" that would "radically reimagine" traditional just war thinking.4 She claims that there is a "lack of a systematic and rigorous ethical framework for evaluating the justness of rebellions"5 and that "a new theory of just rebellion—a systematic way of evaluating the justness of real world rebellions, of determining appropriate state responses to domestic rebellions, and of weighing the pros and cons of intervention" is needed.6In line with Morkevičius' sentiments, the last ten years has seen the increasing rise of self-proclaimed just war revisionists.7 Jeff McMahan, the figurehead for this movement, claims that the classical just war criteria "can no longer stand."8 McMahan argues that traditional just war theory has [End Page 176] depicted war as a morally sui generis category of violence in which unique moral principles apply.9 The moral asymmetry of war is also reinforced by a "statist" and "collectivist" orientation that overrides the importance of individuals and their rights of life, liberty, property, and other fundamental goods. Instead of seeing war as a distinct category of violence, McMahan argues that war and self-defense are morally symmetrical. Further, he argues that combatants should be depicted as individuals distinct from their political or collective identity.10 In other words, McMahan offers a theory of war oriented around individuals and their rights based in the concept of justified self-defense.11 Extending McMahan's theory, Cécile Fabre has particularly targeted the criterion of legitimate authority as morally problematic.12 Rejecting the exclusive authorization of armed force by political authorities, she argues in favor of an individual's right to war, and by extension the right to rebellion.13 Therefore, given the historical just war tradition's emphasis on the criterion of legitimate authority (i.e., the restriction of armed force [End Page 177] to established authorities) and resistance to support armed rebellions due to the lack of recognized political leaders, revisionists conclude that traditional just war thinking is inadequate for providing contemporary guidance in the context of rebellion.14To challenge revisionist claims, I analyze Thomas Aquinas's ingenuity and relevance for future "just rebellion" thinking. First, I argue that classical just war thinking is not as antithetical to armed rebellion as suggested.15 One just rebellion theory has coexisted alongside the classical formation of just war theory, albeit often neglected or ignored by contemporary thinkers.16 It is well known that Aquinas formalized the Augustinian classical just war theory revolving around the criteria of legitimate authority, just cause, and right intention. Much less known, however, is the fact that Aquinas also crafted criteria for justified armed rebellions. While Aquinas's just war thinking rearticulates Augustine's perspective, Aquinas appropriated his mentor's views to allow for justified armed rebellions. Aquinas's originality was displayed not only in allowing justified armed... (shrink)

The words 'rebellion' and 'revolution' have gained renewed prominence in the vocabulary of world politics and so has the question of justifiable armed 'resistance'. In this book Christopher J. Finlay extends just war theory to provide a rigorous and systematic account of the right to resist oppression and of the forms of armed force it can justify. He specifies the circumstances in which rebels have the right to claim recognition as legitimate actors in revolutionary wars against domestic (...) tyranny and injustice, and wars of liberation against wrongful foreign occupation and colonialism. Arguing that violence is permissible only in a narrow range of cases, Finlay shows that the rules of engagement vary during and between different conflicts and explores the potential for irregular tactics to become justifiable, such as non-uniformed guerrillas and civilian disguise, the assassination of political leaders and regime officials, and the waging of terrorist war against civilian targets. (shrink)

The words 'rebellion' and 'revolution' have gained renewed prominence in the vocabulary of world politics and so has the question of justifiable armed 'resistance'. In this book Christopher J. Finlay extends just war theory to provide a rigorous and systematic account of the right to resist oppression and of the forms of armed force it can justify. He specifies the circumstances in which rebels have the right to claim recognition as legitimate actors in revolutionary wars against domestic (...) tyranny and injustice, and wars of liberation against wrongful foreign occupation and colonialism. Arguing that violence is permissible only in a narrow range of cases, Finlay shows that the rules of engagement vary during and between different conflicts and explores the potential for irregular tactics to become justifiable, such as non-uniformed guerrillas and civilian disguise, the assassination of political leaders and regime officials, and the waging of terrorist war against civilian targets. (shrink)

I compare Kant's position on the issue as to whether there exists a right of rebellion with the position that can be attributed to Hegel on this issue. I argue that while Kant must concede that such a right exists when the state no longer respects what he calls the universal law of right. Hegel offers us grounds for thinking that a right of rebellion may exist even when the state has achieved the form (...) of a Kantian Rechtstaat. I appeal to Hegel's understanding of right as the concrete expression of the general will and his account of poverty in order to establish this conclusion. (shrink)

This article presents a broad analysis of the political economy and dynamics of social change during the first year of the Evo Morales government in Bolivia. It situates this analysis in the wider historical context of left-indigenous insurrection between 2000 and 2005, the changing character of contemporary capitalism imperialism, and the resurgence of anti-neoliberalism and anti-imperialism elsewhere in Latin America. It considers at a general level the overarching dilemmas of revolution and reform. Part III examines the complexities of the politics (...) of indigenous liberation and the political economy of the Movimiento al Socialismo government between January 2006 and January 2007. It pays special attention to the limits of reform in the hydrocarbons sector. Also explained in Part III is the formation of an autonomist right-wing movement in the eastern lowlands, and how the new Right has intervened in the process of the Constituent Assembly. The article shows how the actual Constituent Assembly set into motion by the Morales administration in 2006 differs in fundamental terms from the revolutionary assembly envisioned by leading left-indigenous forces during the cycle of revolt in the first five years of this century. (shrink)

It is often argued that Kant’s understanding of the right to revolution is contradictory. On the one hand, he expresses enthusiasm for the French Revolution and the ideas on which it rests, while on the other, he openly denies the existence of a legal right to revolution. This paper aims to make Kant’s position plausible by showing that he does not deny the right to revolution in all states, but only in those that fulfill the purpose for (...) which they were created, which is to protect the rights and freedoms of all citizens. (shrink)

Ispoljavanje dobra u Hegelovim Osnovnim crtama filozofije prava nije postizanje srece ili malogradjanskog komfora, nego hrabro i odlucno, gotovo slucajno i spolja posmatrano neosnovano ispoljavanje partikularne volje. Ovakav pojam dobra je upravo suprotan pojmu dobra u smislu dobara i uzivanja koji sprecava stvaranje subjektivnosti kod onih koji su neprepoznati od datog drustvenog sistema, urusavajuci mogucnost partikularnog delanja kod ovih, i time ih podrzavajuci u mentalitetu rulje, to jest mase. Nadomestavanje nedostatka slobode komforom je pre karakteristika faze apstraktnog prava, koju faza (...) moralnosti tezi da prevazidje. U fazi apstraktnog prava, zbog slepog postovanja suvog legaliteta, ono sto je pravo u sebi i za sebe ne moze nikako biti ispoljeno u pravom smislu reci jer je izjednaceno sa ugovornom pravdom, cija je prava osnova nista drugo do pravo jaceg. (shrink)

This article, which will appear in three parts over three issues of Historical Materialism, presents a broad analysis of the political economy and dynamics of social change during the first year of the Evo Morales government in Bolivia. It situates this analysis in the wider historical context of left-indigenous insurrection between 2000 and 2005, the class structure of the country, the changing character of contemporary capitalist imperialism, and the resurgence of anti-neoliberalism and anti-imperialism elsewhere in Latin America. It considers, at (...) a general level, the overarching dilemmas of revolution and reform. These considerations are then grounded in analyses of the 2000–5 revolutionary epoch, the 18 December 2005 elections, the social origins and trajectory of the Movimiento al Socialismo as a party, the complexities of the relationship between indigenous liberation and socialist emancipation, the process of the Constituent Assembly, the political economy of natural gas and oil, the rise of an autonomist right-wing movement, US imperialism, and Bolivia's relations with Venezuela and Cuba. The central argument is that the economic policies of the new government exhibit important continuities with the inherited neoliberal model and that advancing the project of indigenous liberation and socialist emancipation will require renewed self-activity, self-organisation and strategic mobilisation of popular left-indigenous forces autonomous from the MAS government. (shrink)

Both radical rebellion and humanitarian intervention aim to defend citizens against tyranny and human rights abuses at the hands of their government. The only difference is that rebellion is waged by the oppressed subjects themselves, while humanitarian intervention is carried out by foreigners on their behalf. In this paper, it is argued that the prudential constraints on war (last resort, probability of success, and proportionality) impose tighter restrictions on, or demand more of, humanitarian interveners than they do of (...) rebels. Specifically, I argue that rebels enjoy exemptions from the success principle that do not apply to humanitarians, and that rebels are not constrained by the foreseen mediated consequences of their actions ? consequences that are interceded by the agency of other parties. The same cannot be said for intervening states. If this is right, then it is possible for a humanitarian intervention to fall short of the prudential conditions of legitimate war despite being expected to accomplish no less, and to cost no more, than a rebellion which is rightly judged to satisfy these conditions. (shrink)

The roots of the formation of a post-Mongol political theology that situated Muslim emperors and sultans at the center of an Islamic cosmos are found in the Ilkhanid court in late thirteenth- and early fourteenth-century Iran. This article investigates the case of the short-lived rebellion of the Mongol governor of Rūm and Mahdi-claimant Temürtash. It demonstrates how the discourse of religious reform was recruited to translate and support the claims of non-Chinggisid commanders to the transfer of God’s favor, thus (...) opposing the Chinggisids’ heaven-derived exceptionalism. Exploring affinities with the Timurid appropriation of the mujaddid tradition a century later, the article argues that Temürtash’s rebellion signaled the early stages of the dispersion of a new political language that freed Muslim kingship from the restrictive genealogical and juridical Sunni models of authority. (shrink)

In this paper I draw on Thaddeus Metz’s pioneering work in African ethics, and particularly his account of the concept described by the terms ubuntu, botho, hunhu or utu, to sketch an African normative understanding of the act of rebellion against the authority of the state. Most commonly articulated in the phrase “a person is a person through other persons”, ubuntu is interpreted by Metz as a unique communitarian moral principle which can be described in its essence as the (...) claim that “actions are right, or confer ubuntu on a person, insofar as they prize communal relationships, ones in which people identify with each other, or share a way of life, and exhibit solidarity toward one another, or care about each other’s quality of life”. On the face of it, this principle appears at odds with rebellions against state authority. Following Metz, I argue, however, that a deeper grasp of this principle does, in fact, provide a justification for instances of civilian rebellion against state authority, under appropriate circumstances. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Index to Volume Fifty-SixArticlesBernier, Bernard, National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, 1 : 84-105Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, Chai-sik Chung, 2 : 253-280Buxton, Nicholas, The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, 3 : 392-408Chan, Sin Yee, The Confucian Notion of Jing (Respect), Sin Yee Chan, 2 : (...) 229-252Chong, Kim-chong, Zhuangzi and the Nature of Metaphor, 3 : 370-391Chung, Chai-sik, Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, 2 : 253-280The Confucian Ideal of Harmony, Chenyang Li, 4 : 583-603The Confucian Notion of Jing.(Respect), Sin Yee Chan, 2 : 229-252The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? Jay L. Garfield, 2 : 201-228The Crisis of Knowledge in Islam (I): The Case of al-'āmirī, Paul L. Heck, 1 : 106-135The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, Nicholas Buxton, 3 : 392-408De Reu, Wim, Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, 2 : 281-300The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhaga-vadgītā, Christopher Framarin, 4 : 604-617Framarin, Christopher, The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhagavadgītā, 4 : 604-617Garfield, Jay L., The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? 2 : 201-228Heck, Paul L., The Crisis of Knowledge in Islam (I): The Case of al-'ā mirī, 1 : 106-135Heidegger's Comportment toward East-West Dialogue, Lin Ma and Jaap van Brakel, 4 : 519-566Ho, Chien-hsing, Saying the Unsayable, 3 : 409-427Kantor, Hans-Rudolf, Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538-597) Tiantai Buddhism, 1 : 16-68Lai, Karyn, Li in the Analects: Training in Moral Competence and the Question of Flexibility, 1 : 69-83Li, Chenyang, The Confucian Ideal of Harmony, 4 : 583-603Li in the Analects: Training in Moral Competence and the Question of Flexibility, Karyn Lai, 1 : 69-83Ma, Lin, and Jaap van Brakel, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, Bernard Bernier, 1 : 84-105Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538- 597) Tiantai Buddhism, Hans-Rudolf Kantor, 1 : 16-68Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, Wim De Reu, 2 : 281-300The Role of Time in the Structure of Chinese Logic, Jinmei Yuan, 1 : 136-152Sakya Pandita and the Status of Concepts, Jonathan Stoltz, 4 : 567-582Saying the Unsayable, Chien-hsing Ho, 3 : 409-427Schiltz, Elizabeth, Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, 3 : 451-468Spackman, John, The Tiantai Roots of Dōgen's Philosophy of Language and Thought, 3 : 428-450Stevenson, Frank W., Zhuangzi's Dao as Background Noise, 2 : 301-331Stoltz, Jonathan, Sakya Pandita and the Status of Concepts, 4 : 567-582The Tiantai Roots of Dōgen's Philosophy of Language and Thought, John Spackman, 3 : 428-450 [End Page 709]Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, Elizabeth Schiltz, 3 : 451-468van Brakel, Jaap, and Lin Ma, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566Yuan, Jinmei, The Role of Time in the Structure of Chinese Logic, 1 : 136-152Zhuangzi and the Nature of Metaphor, Kim-chong Chong, 3 : 370-391Zhuangzi's Dao as Background Noise, Frank W. Stevenson, 2 : 301-331Book NotesFenner, David E. W., Introducing Aesthetics (note by James McRae), 3 : 515-516Introducing Aesthetics, by David E. W. Fenner (note by James McRae), 3 : 515-516McRae, James, a book... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rebellion and the SacredSacrifice in Camus's RebelBrian Harding (bio)René Girard has argued, in "Camus's Stranger Retried," that Camus's later novel The Fall represents a kind of novelistic conversion on Camus's part: an admission that the ethics of The Stranger were faulty. This is a criticism not only of a character (Mersault) but of the author's own views. In fact, on the Girardian reading, The Fall recognizes that Camus's (...) own activism was never purely altruistic, but partook of a kind of unstated competition, seeking to outstrip others in care for the downtrodden, and thereby prove his supremacy. Both Camus and Clamence, the lawyer in The Fall, recognize that (as Girard puts it)Mercy, in his hands, was a secret weapon against the unmerciful, a more complex form of self-righteousness. His real desire was not to save his clients but to prove his moral superiority by discrediting the judges.1The drama of The Fall is this realization and its ramifications. Beyond this, Girard argues, it represents Camus's judgment on his own work; it represents [End Page 29] the realization that his writings hitherto lacked self-criticism. Until The Fall, Camus revolted against everything but his pride, but in The Fall he turns his critical powers inward, writing the novel as a kind of auto-criticism. I think there is a lot of truth to this, and in what follows, it guides my interpretations of The Rebel.Girard's comments on The Plague suggest that he sees it as essentially "romantic" in the technical sense he gives that term. Like The Stranger, it falls into the illusion of authenticity and autonomy: Dr. Rieux stands apart from the city, paternalistically guiding it without succumbing to the infections circulating around him.2 To the extent that The Rebel is often paired with The Plague (in the same way The Myth of Sisyphus is joined to The Stranger) one might expect that the same could be said of that philosophical essay—that is, that it persists in a romantic delusion of being above or separate from the problems it diagnoses and that The Rebel's defense of the oppressed only serves to assuage the author's conscience, reassuring him that he is one of the good ones—just as did Clamence's work as a defense attorney.That expectation is, I think, only half right. The Rebel, I believe, oscillates between romantic lie and novelistic truth; Camus senses that he is not above the fray and that the very act of rebellion itself unleashes furies that one struggles to tame. Whether he has reached the full consciousness represented by The Fall is uncertain, but it is clear to me that, at times at least, this awareness rises to the surface in The Rebel. Indeed, the emergence and repression of this awareness are part of the book's fascination and flaws. The apparent inconstancy between Camus's lionization of rebellion and his profound worries about what it unleashes is rooted in this oscillation. Because of this oscillation, The Rebel is too complex a text to be treated in a paper of a reasonable length. To simplify matters, I focus on two parts whose interest to readers of Contagion will need no explanation: first, Camus's gnomic remarks on the relationship between rebellion and the sacred, and second, Camus's discussion of the killing of King Louis and the Terror. Following that, I close with some general remarks.REBELLION AND THE SACREDCamus's rebellion is intimately related to the sacred [le sacré]. To be sure, we should not assume that just because Camus and Girard use the same word that they mean the same thing by it. In fact, Camus primarily uses the term to refer to a religious sensibility without developing, for example, a theory of the violent origins of the sacred. Nevertheless, Camus seems to sense that there is a [End Page 30] connection between the sacred and violence. Moreover, it is of course impossible that Camus intended to refer to Girard's work when he alludes to the sacred. Nevertheless, if Girard is right about the meaning and function of the sacred... (shrink)

Rogue One is a complex film that invites a wide range of philosophical questioning. This chapter focuses on the film's political aspect. Rogue One powerfully illustrates an essential and timely claim made about the nature of democracy by John Dewey. Rogue One is significantly different from earlier Star Wars films. It does not offer a simple, mythic morality tale, where the difference between right and wrong is as stark as the contrast between Leia's white gown and Vader's black mask. (...) Rogue One takes place in a messy and unfair world in which traditional moral frameworks appear naive and ill‐suited. The rest of Rogue One is exceptionally powerful not only because of amazing acting, sound design, and cinematography, but because it uses the tropes and setting of gritty war cinema to tell a universal story about the power of hope and faith in others. (shrink)

Marx's Rebellion Against Lenin is a representative of the contemporary revitalization of the thought of Marx. It fulfils this task in three ways. First, it overthrows the dialectical materialism of Engels and of Stalinist Bolshevism by exploring 18th century historical thought and illustrating how these Enlightenment historians and political theorists first explored method of historical explanation that were later adopted by Marx. It is shown that contrary to the theory of Stalinist Bolshevism, Hegel was a vital influence on Marx. (...) Second, Levine's book represents Marx as an exponent of Classical Humanism. Marx did not define communism as a form of materialism, as economic egalitarianism, but rather related communism to the Classical ethics of Aristotle, to the Aristotelian ideas of polis citizenship and the ethics of distributive justice. Third, it is argued that the 17th and 18th Century Enlightenment was not simply a liberal center extolling property, individual rights and capitalism. Instead it is shown that the 17th and 18th century Enlightenment was divided between an Enlightenment Center and an Enlightenment Left, with the Enlightenment Left challenging the domination of capitalism and private property. Marx's Rebellion Against Lenin traces the flow of the theories of the Enlightenment Left into Marx and in doing so liberates Marxist thought from its imprisonment in 19th century materialism and relocates it within the traditions of Classical Humanism. (shrink)

The works of Hannah Arendt and Albert Camus--two of the most compelling political thinkers of the "resistance generation" that lived through World War II--can still provide penetrating insights for contemporary political reflection. Jeffrey C. Isaac offers new interpretations of these writers, viewing both as engaged intellectuals who grappled with the possibilities of political radicalism in a world in which liberalism and Marxism had revealed their inadequacy by being complicit in the rise of totalitarianism. According to Isaac, self-styled postmodern writers who (...) proclaim the death of grandiose ideologies often fail to recognize that such thinkers as Camus and Arendt had already noted this. But unlike many postmodernists, these two sought to preserve what was worthy in modern humanism--the idea of a common human condition and a commitment to human rights and the dignity of individuals. Isaac shows that both writers advanced the idea of a democratic civil society made up of self-limiting groups. Although they criticized the typical institutions of mass democratic politics, they endorsed alternative forms of local and international organization that defy the principle of state sovereignty. Isaac also shows how Arendt's writings on the Middle East, and Camus's on Algeria, urged the creation of such institutions. The vision of a "rebellious politics" that Arendt and Camus shared is of great relevance to current debates in democratic theory and to the transformations taking place in Europe and the states of the former Soviet Union. (shrink)

This essay argues that the thief, a liminal figure that haunts the boundary of political membership and the border between the law of reason and the law of beasts, drives Locke’s accounts of the foundation of the commonwealth and the right to rebellion in the Second Treatise of Government. Locke’s political theory is best read through punishment as a theory of subject formation, which relies on an unstable concept of proportionality to produce this liminal figure in order to (...) secure the member as a “stable” political subject. (shrink)

As an Enlightenment philosopher and the father of liberalism, John Locke’s explication of the natural right to property, of limited government, and of the right to rebellion constitute fascinating ideas that are often treated by scholars as deserving of attention in and of themselves. This is not the case for Kristie McClure. McClure is more interested in the “architecture of order” and how this metaphysical and epistemological metaphor ultimately shapes and defines Locke’s political theory. From this perspective, (...) McClure draws out some interesting insights into the nature of Locke’s political philosophy. (shrink)

Intrigued by the so-called “rebellion of the poor,” this paper traces back the current South African concern with popular protest to its reconfiguration during the last years of the apartheid order. Focusing on the discourse around grassroots resistance in the mid- to late-1980s, I begin by showing how, in juxtaposition to an ideal notion of civil society, popular mobilization had been largely delegitimized and the emancipatory politics of ungovernability recast as antidemocratic by the first few years of the post-apartheid (...) regime. In deploying particular notions of violence and culture, this discursive shift, I suggest, fed into reconstructing the ungovernable subject as the racial other of the new South Africa’s citizenry. The second part of the paper mobilizes Foucault’s genealogy of liberalism to draw parallels between this process and the liberal effort to resolve the potentially conflicting principles of governing the economic subject and the subject of rights within the realm of civil society. Finally, via the postcolonial critique of liberal notions of civility and their rootedness in racial thinking, I suggest that civil society secures the governability of the population through rendering the potentially disruptive freedom of the people as the excess freedom of the racialized other. (shrink)

Like Hobbes and unlike Locke, Kant denied the possibility of a right to rebellion. But unlike Hobbes, Kant did not argue for a unitary head of state in whom legislative, judicial, and executive powers are inseparable, and thus did not believe that the executive power in a state to whom must be conceded a monopoly of coercion also defines all rights in the state. Instead, Kant insisted upon the necessary division of authority in a state into a separate (...) legislature, executive, and judiciary, and thus, while rejecting the idea that a people could ever rightfully overthrow their entire constitution or government, he could and did hold that a people represented by a parliament have genuine rights against the executive power within their state even though that executive power properly has a monopoly on the coercive enforcement of the parliament's laws. (shrink)

Human Rights are fundamental. Rights should be considered natural to all human beings. Man, is born with some rights. These rights exist irrespective of the fact whether they are recognized by the society or not. Some rights of man are eternal to man and they are prior to States. These rights are known as “natural rights”. Para 3 of the Preamble to Universal Declaration of Human Rights says that whereas it is essential, if man is not be compelled to have (...) recourse, as a last resort to rebellion against tyranny and oppression, that human right should be protected by the rule of law. All men and women, everyone in the world, are entitled to the rights and freedom contained in the Declaration without any discrimination. The human rights contained in the Universal Declaration may be divided intotwo categories: civil and political rights, which are usually insisted upon in the western liberal democracies; and economic, social and cultural rights, which are generally emphasized in the socialist democracies. The Constitution of India has issued two broad mandates to the Parliament, the Legislatures of the States and to all institutions of the Government. They are: (1) not to take away or abridge certain rights described as fundamental rights; and (2) to apply certain principles described as Directive Principles of State Policy. Both are interrelated. The social and economic obligations of the State are to protect the rights of the citizens prescribed in the ancient texts. To show the importance of human rights and to protect it, the President of India promulgated an Ordinance on September 28,1993 with a view to provide for the setting up of a National Human Rights Commission for better protection of Human Rights and for matters connected therewith. (shrink)

Assess to quality diets is a basic human right. Geographical challenges and cultural traditions have contributed to the widespread malnutrition present among ethnic minorities of mountainous areas in Northwest Vietnam. Home gardens can play a role in increased diet diversity and micronutrient intakes. However, low production yields and plant diversity in ethnic home gardens have limited their contributions to household food security and nutrition. The pilot study tested a home garden intervention in weekly vegetable harvests and increasing household production (...) and consumption of diverse vegetables year-round. Food ethics issues encountered included limited access to quality food by resource-poor groups, conflicts arising from low preference and value given to some nutritious foods, limited access to information and technology for food production and consumption, each of which were addressed in the study design. The intervention includes: (1) nutrition-focused home garden training and (2) locally-adapted home garden packages consisting of garden planning, technical assistance, and high-yielding seed varieties. Twenty households from two ethnic villages in Son La province participated in the study and were randomly assigned into two groups (intervention and non-intervention). The total vegetable supply from weekly harvests of home garden produce was significantly higher in the intervention households (226 kg) compared to the non-intervention households (39 kg). The intervention group yielded 5.8 and 1.7 times more vegetables by weight and weight per area than those without the intervention. The vegetables were mainly consumed at home for both groups, but the intervention households gave more vegetables as gifts to neighbors. The intervention group cultivated a higher diversity of vegetables with a total of 42 different vegetables compared to 24 in the non-intervention group, which is reflected in an overall higher nutritional yield of vitamin A, iron, other micronutrients and phytochemicals. The home garden training significantly improved the amount, diversity and continuity of household food and nutrient supply. The home garden model is effective and could be scaled up to improve household vegetable supply and consumption, particularly in Northwest Vietnam. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

This article argues that the Universal Declaration of Human Rights, by claiming certain inheritances from eighteenth-century American and French rights declarations, simultaneously disavowed others, reshaping the genre of the rights declaration in ways amenable to forms of imperial and racial domination. I begin by considering the rights declaration as genre, arguing that later participants can both inherit and disavow aspects of what came before. Then, drawing on original archival research, I consider the drafting of the UDHR, using as an entry (...) point the reception of the NAACP’s Appeal to the World petition, edited by W.E.B. DuBois. I reconstruct conversations within the drafting committee about the right to petition, self-determination, and the right to rebellion, and the separation of the Declaration from the rights covenants, to illustrate the allegiances between US racial politics and French imperial politics, and their legacies for our contemporary conceptions of human rights. (shrink)

This paper examines expressed hopelessness among environmental activists in Extinction Rebellion. While activists claim that they have lost all hope for a future without global warming and species extinction, through despair emerges a new hope for saving what can still be saved—a hope for what is left. This radical hope, emerging from despair, may make Extinction Rebellion even more effective. Drawing from personal interviews with 25 Extinction Rebellion activists in the United Kingdom and the published work of (...) other Extinction Rebellion activists, this paper identifies signs of radical hope. While activists have cast off false hope and passive hope, a new hope for what is still possible remains. This hope is based on virtue ethics: doing what is right in the moment, rather than being attached to a desired outcome. This drives forward activism despite the results. Through their principle of regenerative culture, Extinction Rebellion activists learn to support each other and be prepared for a more turbulent and challenging future. Through a regenerative culture they can salvage and repair what is left and sustain radical hope. (shrink)

In this article we examine the true scope of the right Hobbes recognizes, even for the subjects of a State, to life. We hold that the right to live includes the subject's right not to accept to be deprived not only of life but also of limb; a right not to have to kill; a right not to accept to be imprisoned. The sovereign of course has a right to kill, mutilate and arrest but (...) the conflict of his right and the subject's is an original feature of Hobbes's political thought, not to be found for instance in Locke's. Also, since life is motion and desire is a continual progress from one object to another, the mere survival of the subject is not enough to make him content once peace has been achieved. The expression of the subject's discontent is illegal, but it may happen since we can understand the right to live as a right to an ever more ambitious desire. The ruler who wants to avoid discontent and its uncivil effects should in a certain measure pave the way for economic development, in order to permit the subjects to at least partially attain their desire. Obviously this is not a moral duty of the sovereign, but a prudential one, if he does not want to risk losing his office. (shrink)

Discusses the moral and ethical aspects of euthanasia and related topics.

In Evangelium vitae, Pope St. John Paul II recognized that scientific progress would bring about new attacks on the dignity of the human person. Since that time, remarkable expansion in our knowledge and understanding of the human genome has brought forth questions of ownership rights via patents on human genes and related technology. This article argues that patenting human genes is incompatible with human dignity as it commodifies that which is priceless. In contrast, granting patents to manipulations of human genes (...) does not violate human dignity so long as it is utilized toward the common good. National Catholic Bioethics Quarterly 15.2 : 265–285. (shrink)

In the Theological-Political Treatise, published in 1670, Spinoza asked why people “fight for their servitude as if for salvation.” In doing so, he foregrounded the affective dimension of despotism, putting forward the idea that servitude is not just passively endured but passionately strived for—something people want and will. Three hundred years later, Gilles Deleuze and Félix Guattari repeated this formula in Anti-Oedipus, arguing that it was the central question of political philosophy. They read Spinoza through Wilhelm Reich, stating that the (...) astonishing thing is that “those who are exploited are not continually out on strike.” In doing so they shifted the political question from domination to exploitation. Following Deleuze and Guattari, I argue for an updated version of the question, asking why people fight for exploitation as if it were rebellion. Asking this question involves reexamining the way in which the critique of religion is the antechamber of the critique of political economy in Marx, and is the thread connecting Spinoza to Marx. Finally, I argue that reframing the question in terms of rebellion and exploitation is useful in making sense of contemporary forms of right populism that present themselves as rebellion, but actually deepen the domination of capitalism over our lives. (shrink)

Under the UDHR, all persons have the right to "seek and to enjoy . . . asylum from persecution." From this designation as fundamental followed codification of the right in the 1951 Convention relating to the Status of Refugees and the 1967 Protocol Relating (collectively 'the Convention'), the "centrepiece" of treaties and customary norms that make up international refugee law. It defines and regulates the status and rights of refugees; its purpose is to safeguard the basic rights of (...) persons "outside their country of origin," who have fled due to a legitimate fear of persecution. Fundamentally, it guarantees that asylees and refugees enjoy rights without discrimination; without penalization for illegal territorial entry; and, without expulsion or return to "territories where . . . life or freedom would be threatened on account of . . . race, religion, nationality, membership of a particular social group or political opinion," —or 'non-refoulement'. What follows is background on development of the principle of non-refoulement, evasive US Asylum Cooperative Agreements ('ACAs') and implementing legislation, and the resulting erosion to the right to asylum. (shrink)

This paper draws upon Hannah Arendt's idea of the 'right to have rights' to critique the current protection gap faced by refugees today. While refugees are protected from refoulement once they make it to the jurisdiction or territory of a state, they face an ever-increasing array of non-entrée policies designed to stymie access to state territory. Without being able to enter a state capable of securing their claims to safety and dignity, refugees cannot achieve the rights which ought to (...) be afforded to them under international law. Drawing upon both legal theory and political philosophy, this paper argues that refugees today, just as the stateless in Arendt’s time, must be afforded the ‘right to have rights’, understood as a right to enter state territory. (shrink)

ABSTRACTAbel Evans's poem Vertumnus celebrates Jacob Bobart the Younger, second keeper of the Oxford Physick Garden, as a model monarch to his botanical subjects. This paper takes Vertumnus as a point of departure from which to explore the early history of the Physick Garden, situating botanical collections and collecting spaces within utopian visions and projects as well as debates about order more widely in the turbulent seventeenth-century. Three perspectives on the Physick Garden as an ordered collection are explored: the architecture (...) of the quadripartite Garden, with particular attention to the iconography of the Danby Gate; the particular challenges involved in managing living collections, whose survival depends on the spatial order regulating the microclimates in which they grow; and the taxonomic ordering associated with the hortus siccus collections. A final section on the ideal ‘Botanick throne’ focuses on the metaphor of the state as a garden in the period, as human and botanical subjects resist being order and can rebel, but also respond to right rule and wise cultivation. However, the political metaphor is Evans’s; there is little to suggest that Bobart himself was driven by utopian, theological and political visions. (shrink)

This article challenges the tendency exhibited in arguments by Michael Ignatieff, Jeremy Waldron, and others to treat the Law of Armed Conflict as the only valid moral frame of reference for guiding armed rebels with just cause. To succeed, normative language and principles must reflect not only the wrongs of ‘terrorism’ and war crimes, but also the rights of legitimate rebels. However, these do not always correspond to the legal privileges of combatants. Rebels are often unlikely to gain belligerent recognition (...) and might sometimes have strong moral reasons to exceed the rights of regular combatants. Where this gives rise to tensions between morality and the LOAC, a decision is needed to determine which to follow. Setting aside the idea of suppressing just war theory altogether in favour of a more purely regulatory approach to war and reforming law in the direct light of moral theory, I question the attempt by Waldron to argue that moral weight of the legal conventions at the heart of the LOAC trump any moral reasons there might be for breaching them. Even if non-combatant immunity is, as Waldron suggests, a deadly serious convention, I argue that war is justified only if pursued for the sake of deadly serious causes which may even be serious enough to oblige agents to break the law. A political theory of the ethics of war is needed to mediate between the moral and legal in such cases where they cannot be reconciled directly. (shrink)

The call for "doing right things on behalf of Heaven" made by Sung Chiang, the hero of the Chinese novel Shui hu [Water Margin], has long been welcomed by some people. They think that a right thing should be defined as the "revolutionary course" or the "reason" by which rebellions can be justified and that "doing right things on behalf of Heaven" is an antigovernment slogan. They are wrong. As has been clearly demonstrated in Shui hu, (...) class='Hi'>right things refer to the Confucian-Mencian doctrine and Neo-Confucianism in the Sung and Ming dynasties. Hanging out the white flag of reactionary Neo-Confucianism, Sung Chiang carries out the capitulationist line and buries the peasant uprising. (shrink)

This article traces opposition to women's contraceptive rights moving from the role of St Augustine and Thomas Aquinas to the modern day role of the Vatican. Traditional views of women and sexuality have been challenged by modern feminism but Catholicism is still pursuing a global crusade against abortion, birth control, and redefinitions of the family that might include homosexual couples. This means opposing sex education curricula and opposition to state funding for family planning assistance. But the Catholic crusades against women's (...) reproductive rights have generated rebellion among some Catholics worldwide. This is led by Catholics for a Free Choice and the SeeChange campaign. (shrink)

In 428b.c.e.the city of Mytilene launched a revolt against the Athenians and invited the Spartans to send them assistance. The plans for the revolt were reported to the Athenians (3.2), who sent a force against the city (3.3). The Mytilenians asked for help from the Spartans (3.4.5–6), but the fleet they sent arrived too late to help the city (3.26.4). The revolt appears to have been the initiative of the city's wealthier citizens: Thucydides reports (3.27–8) that heavy armour was not (...) distributed to the people until Salaethus, the leader of the rebellion, realized that Spartan help would not arrive in time. Once the people received this armour, they refused to take orders from officials and held meetings, insisting that the government should distribute all available grain. If they did not, they threatened to negotiate on their own with the Athenians about surrender. The government was powerless to stop them and decided it was best to come to terms with the Athenians. It was agreed that the Athenians would have the power to act as they wished with the city and that the Mytilenians would have the right to send envoys to Athens to plead their case before the Assembly. (shrink)

The right to privacy is one of the rights most widely demanded today. Privacy has not always so been demanded. The reasons for the present concern for privacy are complex and obscure. They obviously relate both to the possibilities for very considerable enjoyment of privacy by the bulk of people living in affluent societies brought about by twentieth-century affluence, and to the development of very efficient methods of thoroughly and systematically invading this newly found privacy. However, interesting and important (...) as it is as a socio-philosophical inquiry, the concern of this paper is not with why privacy has come to be so highly prized, but rather with whether it is rightly prized, and if so, when and why. This means that my concern will be with what privacy is, what is its domain, whether there is a right to privacy, and, if so, whether it is an ultimate, basic, albeit, a prima facie right, or simply a conditional right. (shrink)