Resistance in the Age of Trump

2018 ◽  
Author(s):  
Candice Delmas
Keyword(s):  
Hate Crimes ◽  
Civil Servants ◽  
Political Obligation ◽  
Donald Trump ◽  
Political Obligations ◽  
Recent Debate ◽  
The Law ◽  
Political Association

This chapter uses the book’s previous arguments to inquire into American citizens’ and officials’ present political obligations under President Donald Trump. Citizens are bound by the natural duty of justice, the principle of fairness, the Samaritan duty, and political association to resist the various injustices threatened or enacted by Trump’s administration, including by protesting, educating themselves, disobeying the law, intervening in cases of hate crimes, acting in solidarity, and donating cash and time to movements. The chapter then presents the recent debate over whether to serve under Trump, and argues that civil servants (officials and bureaucrats) have a political obligation to minimize damage from within, that is based on the duty of justice and the principle of fairness. Finally, it argues that resistance from within, given its anti-democratic appearance, should generate feelings of ambivalence among civil servants.

The Principle of Fairness, Political Duties, and the Benefits Proviso Mistake

2016 ◽  
Vol 13 (3) ◽  
pp. 265-293 ◽  
Author(s):  
Daniel Koltonski
Keyword(s):  
Public Goods ◽  
Public Good ◽  
Political Obligation ◽  
Voluntary Action ◽  
Net Benefit ◽  
Cooperative Scheme ◽  
Recent Debate ◽  
The Law

Recent debate in the literature on political obligation about the principle of fairness rests on a mistake. Despite the widespread assumption to the contrary, a person can have a duty of fairness to share in the burdens of sustaining some cooperative scheme even though that scheme does not represent a net benefit to her. Recognizing this mistake allows for a resolution of the stalemate between those who argue that the mere receipt of some public good from a scheme can generate a duty of fairness and those who argue that only some voluntary action of consent or acceptance of the good can generate such a duty. I defend a version of the principle of fairness that holds that it is the person’s reliance on a scheme for the provision of some product or service that generates duties of fairness to share in the burdens of sustaining the scheme. And, on this version, the principle of fairness is politically significant: regardless of whether the citizen has a duty to obey the law, she will still have important political duties of fairness generated by her reliance on the various public goods provided by those society-wide cooperative schemes sustained by the sacrifices of her fellow citizens.

Conclusion

2018 ◽  
Author(s):  
Candice Delmas
Keyword(s):  
Real World ◽  
Political Obligation ◽  
Political Agency ◽  
Political Obligations ◽  
The World ◽  
The Law ◽  
Exclusive Focus

This concluding chapter highlights the logical connections between the book’s arguments and synthesizes them into a general, multiple-principle account of political obligations in response to injustice. It reiterates the necessity to forsake the equation of political obligation with, or the exclusive focus on, the duty to obey the law, and to expand the concept of political obligation to include duties to resist injustice and disobey unjust law. The latter, given real-world injustices, are more salient than the duty to obey the law, and beg our philosophical attention. The chapter also addresses an Arendtian objection to the instrumental thinking deployed throughout the book, namely, that the account misrepresents political agency by assuming that we can know the effects our actions will have in the world.

Political Association and Dignity

2018 ◽  
Author(s):  
Candice Delmas
Keyword(s):  
Political Obligation ◽  
Political Obligations ◽  
Political Association ◽  
Political Membership

Chapter 6 is devoted to associative political obligations. After presenting the lay of the associativist land, the chapter focuses on Ronald Dworkin’s liberal, dignity-based associativist account of political obligation, defended in his 2011 book Justice for Hedgehogs. From this account, the discussion derives political obligations to resist injustice, understood as violation of or threat to dignity. Dignitary political membership, under certain circumstances, justifies even violent and undignified resistance. The chapter also defends an associative political obligation to assert one’s dignity even when there is no hope of achieving anything else. Finally, dignitary political membership supports a political obligation of solidarity among and with the oppressed.

scholarly journals Plato’s Crito on Civil Disobedience and Political Obligations

2018 ◽  
pp. 139-158
Author(s):  
Tomasz Kuniński
Keyword(s):  
Civil Disobedience ◽  
The State ◽  
Political Obligation ◽  
Moral Duty ◽  
Moral Reasons ◽  
Political Obligations ◽  
Complex Relation ◽  
The Law

The present paper focuses on the complex relation between ethics andpolitics in Plato’s Crito. While the issue is presented from a contemporaryperspective, the problems of civil disobedience and politicalobligation are the present study’s primarily concern. The issue of civildisobedience concerns moral reasons for breaking the law, whereasthe concept of political obligation refers to a moral duty to obey the law.When disagreeing with the view that Socrates in the dialogue arguesfor an unconditional obedience to the state, the article builds on theApology. Subsequently, the similarities between the position of Socratesand that of H.D. Thoreau are investigated. Finally, the paper discussesthe concept of political obligation so as to show that the argumentin the Crito anticipates several modern theories. The modern controversiesthat this article covers are shown to play an important role in Plato’sdialogue, as they are the basis of Socrates’ political obligation.

Contracts for the Benefit of Third Parties in Japan

2018 ◽  
Author(s):  
Masami Okino
Keyword(s):  
Case Analysis ◽  
Case Law ◽  
Contract Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
German Model ◽  
Recent Debate ◽  
The Law

This chapter discusses the law on third party beneficiaries in Japan; mostly characterized by adherence to the German model that still bears an imprint on Japanese contract law. Thus, there is neither a doctrine of consideration nor any other justification for a general doctrine of privity, and contracts for the benefit of third parties are generally enforceable as a matter of course. Whether an enforceable right on the part of a third party is created is simply a matter of interpretation of the contract which is always made on a case-by-case analysis but there are a number of typical scenarios where the courts normally find the existence (or non-existence) of a contract for the benefit of a third party. In the recent debate on reform of Japanese contract law, wide-ranging suggestions were made for revision of the provisions on contracts for the benefit of third parties in the Japanese Civil Code. However, it turned out that reform in this area was confined to a very limited codification of established case law.

Political Obligation

2018 ◽  
Author(s):  
Richard Dagger
Keyword(s):  
A Priori ◽  
Political Obligation ◽  
Political Obligations ◽  
Philosophical Anarchism

Although it is an ancient and much-discussed problem, political obligation continues to pose challenges to political and legal philosophers. Some of these challenges are conceptual, for they require explanations of what a political obligation is and how it differs from other obligations, duties, or responsibilities. Other challenges concern the practical matters of whether and to what extent political obligations are truly binding on us. In this respect, the foremost challenge is that of anarchism, including the “philosophical anarchism” that has become increasingly influential in recent decades. This chapter aims to meet these challenges by setting out a coherent account of political obligation and providing reason to believe that neither political nor philosophical anarchists have made a satisfactory a priori case against the possibility of a compelling theory of political obligation.

scholarly journals LEGAL PROTECTON OF WOMEN CIVIL CERVANTS OF GENDER DISCRIMINATION IN THE ERA OF REGIONAL AUTONOMY IN THE DISTRICT ADMINISTRATION SUMBAWA - WEST NUSA TENGGARA

2013 ◽  
Vol 2 (1) ◽  
Author(s):  
Syarif Dahlan
Keyword(s):  
Gender Discrimination ◽  
Legal Protection ◽  
Civil Servant ◽  
Civil Servants ◽  
Not Given ◽  
Regional Autonomy ◽  
Legal Structure ◽  
Close Relationship ◽  
The Law ◽  
District Administration

Aware of gender discrimintaion of women and students of women in different countries, so they protest and movement finally manage to do some conference that have produced Convention On The Elimination Of All Form Of Diskrimination Against Women   (CEDAW). Indonesia has ratified CEDAW with Law No. 7, 1984. But until now gender discrimination still occurs in all facets of life and society. One of them is a fimale civil servant in Sumbawa regency. Discrimination that has accurred not given the opportunity to accupy the fimale civil servant echelon-echelon II and III. In connection with the second echelon echelon II or III on Sumbawa Regency :      1) What are the forms of gender discrimination against fimale civil servants. 2) What factors are causing it, and 3) What is the form of legal protection against civil servants are women from gender discrimination. This study includes empirical legal research aims to determine the effectiveness of the law and the legal vacuum in the administration and management of government, particularly in women civil servants in positions echelon II or III. Dates collected were analyzed with descriptive analytic techniques. These form of discrimination against women in Sumbawa civil servants include marginalization and subordination, the factors that cause it was a mistake in the interpretation and implementation   gender equality, influence the understanding and application of Islamic teachings, political and cultural factors shame, geographical factors tough, close relationship with the ruling factor, factor in the civil servants streotif women and a heavier workload factor for women. Moderate forms of legal protection can be seen from the substance of the law, the legal structure and legal culture.

Reformist Consent and Political Obligation

1991 ◽  
Vol 39 (4) ◽  
pp. 676-690 ◽  
Author(s):  
George Klosko
Keyword(s):  
Political Institutions ◽  
Political Obligation ◽  
Political Obligations ◽  
Plausible Model ◽  
Voluntary Character ◽  
Voluntary Choice ◽  
Consent Theory

It is commonly held that theories of political obligation based on consent, whether express or tacit, cannot account for most people's obligations; that political obligations generally stem from being born into specific societies rather than from voluntary choice. In recent years, consent theorists have turned to ‘reformist’ consent, arguing that consent theory could be rescued if political institutions were reformed to allow the possibility of widespread consent. Various possible reforms are examined and shown to be inadequate. The most obvious mechanism, ‘consent-or-leave’, is disqualified because it is coercive. Other mechanisms would be unable to induce widespread consent while preserving consent's essential voluntary character. I refer to the most plausible model as ‘Hobbes's choice’, though because it must unacceptably limit non-consentors' ability to defend themselves, it too is unsatisfactory.

Parfit's Moral Arithmetic and the Obligation to Obey the Law

1990 ◽  
Vol 20 (2) ◽  
pp. 191-213 ◽  
Author(s):  
George Klosko
Keyword(s):  
Political Obligation ◽  
Derek Parfit ◽  
The Law

Though consequentialist theories of political obligation have been widely criticized in recent years, a series of arguments presented by Derek Parfit, in Reasons and Persons, are now believed to have given this position new life.

TERMINATION OF CIVIL SERVICE

2020 ◽  
Vol 59 (10) ◽  
pp. 98-100
Author(s):  
Samira Eldar Mehraliyeva ◽  
Keyword(s):  
Key Words ◽  
Public Administration ◽  
Civil Service ◽  
Civil Servant ◽  
Civil Servants ◽  
Legal Basis ◽  
The Law

The responsibility of civil servants in public administration in a democratic environment is one of the central issues. The responsibility of civil servants and the grounds and conditions of termination are specified in the Law on Civil Service, which is the main legislative act implementing sectoral regulation, which emphasizes the importance of this issue. The article briefly analyzes the civil service position and civil servant, the legal basis, the concept of responsibility as a legal phenomenon, and the grounds for termination. Key words: civil service position, civil servant, termination, responsibility, restrictions

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