Global Governance and Civil Society. Some Reflections on NGO Legitimacy

Today civil society groups are important actors on the international stage. Nongovernmental organizations (NGOs) have taken roles that traditionally have been the sole province of states or intergovernmental institutions. NGOs are not bound to act in the public interest. Neither are their actions justified by formal democratic procedures, as is the case with states. Therefore, questioning the legitimacy of their actions is a crucial thing to do. This article presents the results of empirical research on the legitimacy of internationally operating NGOs (INGOs). From the interview data seven types of legitimacy are distinguished. These do not give us a comprehensive categorisation of sources of legitimacy; rather they provide tools to counterbalance existing views of legitimacy. The aim is to develop concepts for evaluating the legitimacy of INGO activities which are grounded in theory as well as in practice. Before analysing the empirical results concerning NGO legitimacy, some views on civil society will be discussed with a focus on the problem of legitimacy.     

DuPont and Environmental Defense Fund Co-Constructing a Risk Framework for Nanoscale Materials: an Occasion to Reflect on Interaction Processes in a Joint Inquiry

There is interest in more and better interaction between civil society and actors developing nanotechnologies, nano-materials and nano-enabled products: government agencies but also branch organizations in the chemical sector position civil society organizations (CSOs) as ‘voices of civil society’, and invite CSOs to participate in multistakeholder events. In such events, CSOs are expected to articulate societal needs, issues and values so that these can be taken up by actors with institutional roles and mandates to develop and embed newly emerging nanosciences and nanotechnologies (NEST). This article argues that such a division of moral labor between CSOs and nanotechnology actors is not productive to address NEST and its emerging societal issues. There is an assumption that societal issues are ‘out there’ and can be recognized by CSOs, while in fact, societal issues might co-evolve with new development trajectories and thus have to be discovered and articulated. More productive deliberation requires, ideally, overcoming the traditional division of moral labor between these two groups of actors: technology developers should also inquire into and articulate emerging societal issues, and CSOs should inquire into and reflect on actual development trajectories. In order to explore issues and repercussions that arise in such a repositioning, this article will discuss a bottom up experiment of such an interaction between a nanotechnology developer (DuPont) and a CSO (Environmental Defense Fund). Based on the empirical analysis of this bottom up experiment, tentative requirements will be developed for how joint inquiries between technology developers and CSOs can be realized on a larger scale in our society.     

Pity: a mitigated defence

The aim of this article is to offer a mitigated moral justification of a much maligned emotional trait, pity, in the Aristotelian sense of ‘pain at deserved bad fortune’. I lay out Aristotle's taxonomic map of pity and its surrounding conceptual terrain and argue – by rehearsing modern accounts – that this map is not anachronistic with respect to contemporary conceptions. I then offer an ‘Aristotelian’ (albeit not Aristotle's) moral justification of pity, not as a full virtue intrinsically related to eudaimonia but as a positive moral quality that has instrumental value in developing and sustaining a certain intrinsically valuable state of character – namely compassion. The justification offered is mitigated in the sense that it does not elevate pity to a virtuous disposition, constitutive of the good life; yet it does offer a crucial counterweight to Aristotle's own denunciation of pity.     

‘A philosophy of change’: Emotions,civil society and global development

Dominant paradigms of global development have historically been devoid of emotions, connected with racialized and gendered ideas of rationality and civility. Within contemporary scholarship there is however increasing recognition of the importance of emotions for understanding development processes. This paper adds to this body of work by exploring the ways that emotions shape how people who are trying to ‘do’ development actually do it. Drawing on empirical material from conversations with civil society activists based on the Caribbean islands of Grenada and Barbados, this article explores some of the emotions that are present within civil society organizing and makes the case that in this context emotions are not just felt, they are generative of civil society organizing and wider development processes. Focusing on shame, the article demonstrates how emotions are produced relationally within civil society organizing, how emotions are generative and can co-construct spaces for civil society and how civic organizing can act as counter-expressions to these feelings. Emotions are then constitutive of global development, yet often neglected in dominant discourses of civil society within the development sphere, with professional subjectivities dominant.     

The criminalization of money laundering and terrorism in global contexts: a hybrid solution

What obligations do global actors have to prevent terrorism? Is consent required to create an international obligation, or does the correctness of its goals ground its legitimacy? In this paper, I consider these questions with respect to a subset of international law often overlooked: anti-money laundering and combating the financing of terrorism (AML/CFT). AML/CFT comprises peaceful response to violence and terrorism, making it a significant component of international justice and diplomacy. First, I present the current legal framework for AML/CFT institutions and identify two conflicting sources of justification: objective value and consent. The fix for this problem, I argue, does not come from either component alone. Objective value cannot provide the sole source of justification because it cannot settle the choice between multiple competing norms that would achieve the same objective goods were we to follow them (‘the choice problem’). Consent cannot provide the sole source of justification (‘the constraint problem’) for two reasons: some contracts that people agree to are morally abhorrent and others are morally required but people do not agree to them. But objective value and consent can be combined consistently, and I articulate this hybrid as a sound basis for evaluating and reforming AML/CFT laws and institutions.     

Love Your Neighbour as Yourself

This paper examines the many ways interreligious dialogue and interreligious relationship-building interact with and serve how we live out – with others – the moral core of the Christian faith, which is the love of God and neighbour. I take as an example the contemporary Poor People’s Campaign in the United States. The campaign originated with the Rev. Dr Martin Luther King Jr, the Rev. Ralph Abernathy, and others involved in the civil rights movements of the early 1960s. While the Poor People’s Campaign was initiated by and is led by Christians, it is intentionally inclusive of people of many different faiths and those with no particular faith, all of whom share the commitment to love and to serve the poor.     

Remedial responsibilities beyond nations

David Miller's theory of nationalism and national responsibility offers the leading alternative ‘anticosmopolitan’ theory of global justice. His theory claims that ‘nations’ may be held responsible for the benefits and harms resulting from their collective decisions. Nations may be held remedially responsible to help nations in need even where the former lack causal or moral responsibility, for example. This article critically examines Miller's position that remedial responsibilities – the responsibilities of nations to remedy others in need – can and should only be satisfied by nations. I argue that the characteristics that define and justify a particular understanding of nationalism extend to further constructions of identity, such as religious affiliation and other connections. The problem with Miller's position is that it is overly narrow by focusing solely on our national identities as the characteristic most relevant for determining remedial responsibilities. It is possible and desirable to widen our focus, enriching our understanding of global justice and remedial responsibility. Moreover, this wider perspective is an extension, and not a break from, Miller's position. Our shared identities should have significance for considerations of global justice and they can help us to develop a more robust view of anticosmopolitanism.     

The importance of what they care about

Many forms of contemporary morality treat the individual as the fundamental unit of moral importance. Perhaps the most striking example of this moral vision of the individual is the contemporary global human rights regime, which treats the individual as, for all intents and purposes, sacrosanct. This essay attempts to explore one feature of this contemporary understanding of the moral status of the individual, namely the moral significance of a subject’s actual affective states, and in particular her cares and commitments. I argue that in virtue of the moral significance of actual individuals, we should take actual cares and values very seriously—even if those cares and values are not expressions of the person’s autonomy—as partially constituting that individual as a concrete subject who is the proper object of our moral attention. In particular, I argue that a person’s actual cares and values have non-derivative moral significance. Simply because someone cares about something, that care is morally significant. In virtue of this non-derivative moral significance of cares, we ought to adopt of a commitment to accommodate others’ cares and a commitment not to frustrate their cares.     

Political agency and violence: understanding the causes of the Mountain Meadows Massacre

ABSTRACT

In contrast to political power – a generalised capacity for modifying the behaviour of other actors – the article conceptualises political agency as the actions of political actors which actually cause other actors to behave in a certain way. Analysing agency consists of identifying agents, actual veto players whose (in)actions lead to the outcomes in question, and explaining the causal relation between their (in)actions and the behaviour of other actors. Thus conceptualised, agency becomes an empirically grounded, value-free synonym for the more emotionally charged notions of political or moral responsibility. This model of political agency is then applied to an empirical analysis of the Mountain Meadows Massacre, a mass murder of emigrants in Utah committed by Mormons and Native Americans in 1857. Three categories of factors are invoked – cultural, institutional and behavioural – to recreate the chain of necessary, sufficient, SUIN and INUS causes which led up to the event.     

Political reconciliation at the level of global governance1

This article applies the idea of political reconciliation to current debates on the role and legitimacy of global governance. My underlying thesis is that the idea of reconciliation fits better with the non-ideal circumstances of global injustice. To this end, I will first of all develop a three-tiered model of political reconciliation and introduce the related concept of restorative justice. I will then look at some of the most obvious forms of international and global injustice – historical injustice, economic exploitation, and political domination – and argue that a normative theory of political reconciliation provides better proposals for feasible global governance reforms than do theories of corrective, retributive, or distributive justice. Finally, I will make a few comments on the role of political philosophy as a medium of ‘narrative reconciliation’.     

Globalization and the Evolution of Democratic Civil Society: Democracy as Spatial Discourse

At its core, the evolution of democratic civil society is a process of transcending existing, historical social space, a process that desires to dissolve “political society” into “civil society” and with it to reformulate space as more democratic, participatory public space, and global spheres of interaction. In this article, the author examines the implications of globalization and the evolution of democratic civil society. Drawing on the work of French theorists de Certeau and Lefebvre, the author examines the nature of space as a social construct and the importance of understanding space as a practiced place in relation to the evolution of democratic civil society that makes transnational space a practiced place for global civil society. The author argues that as globalization spreads across nation-states, spatial forces produced by economic, cultural, and political discourses and practices give way to the potential for the evolution of democratic civil society.     

Nonsense on Stilts? Wittgenstein,Ethics, and the Lives of Animals

Wittgenstein is often invoked in philosophical disputes over the ethical justifiability of our treatment of animals. Many protagonists believe that Wittgenstein's philosophy points to a quantum difference between human and animal nature that arises out of humans' linguistic capacity. For this reason – its alleged anthropocentrism – animal liberationists tend to dismiss Wittgenstein's philosophy, whereas, for the same reason, anti‐liberationists tend to embrace it. I endorse liberationist moral claims, but think that many on both sides of the dispute fail to grasp the import of Wittgenstein's philosophy. My argument proceeds through close engagement with Michael Leahy's Against Liberation, which makes extensive use of Wittgenstein's ‘notion of language‐games’ as an ‘essential methodological aid’ in its defence and justification of the moral status quo. Leahy's understanding and application of that method exemplifies an entrenched interpretative stance in the wider Wittgensteinian scholarship which I seek to counter. This enables me to show that far from entailing conservatism, as some of his critics and followers contend, Wittgenstein's philosophical method is just as conducive to radical moral and political critique as it is to any other normative position.     

The Anarchist's Myth: Autonomy,Children, and State Legitimacy

Philosophical anarchists have made their living criticizing theories of state legitimacy and the duty to obey the law. The most prominent theories of state legitimacy have been called into doubt by the anarchists' insistence that citizens' lack of consent to the state renders the whole justificatory enterprise futile. Autonomy requires consent, they argue, and justification must respect autonomy. In this essay, I want to call into question the weight of consent in protecting our capacity for autonomy. I argue that if we care about all of the preconditions for autonomy, then we have good reasons to leave the state of nature. This leaves the philosophical anarchist with a dilemma. If she truly cares about autonomy, then she must welcome the state. But if she wants to deny the legitimacy of the state because of the value of consent, then she needs to downplay the moral significance of autonomy in people's lives. If autonomy matters, the state does too. If it doesn't, then consent doesn't. The philosophical anarchist can't have it both ways.     

The future of involuntary civil commitment in the U.S.A. after Kansas v. Hendricks

This article examines new sexual predator commitment laws enacted recently in the United States to civilly commit dangerous sex offenders after they have served their prison sentences. It then examines Kansas v. Hendricks, a Supreme Court case that upheld these laws as constitutionally permitted. The article next describes the broad parameters that demarcate the government's civil commitment authority identified by the Supreme Court in that case. The author concludes that Hendricks establishes that the state has expansive civil commitment power much greater than our previous understanding. The government may use civil commitment solely to protect the public from dangerous individuals without proving a medically recognized mental disorder, recent evidence of dangerousness, or a treatment purpose or possibility. Moreover, this quarantine system may be justified by proving the same unlawful behavior for which the individual has already been criminally punished.     

The Importance of Philosophy: Reflections on John Rawls

This paper tackles the question whet her we should punish a remorseful offender. Traditional retributive and consequentialist theories on punishment are struggling with the question of the justification of punishment, but I think a more basic question needs to be solved first; namely, how can we interpret the practice of punishment. I state that a theory of symbolic restoration can help us to understand the meaning of this practice. A theory of symbolic restoration depends on an expressivist account of punishment, like Joel Feinberg's. Expressivism gives us an insight into the importance of the feeling of moral condemnation and it is this feeling that gives rise to the longing for punishment and remorse. Because of moral condemnation after a crime we ask for punishment and expect some kind of remorse. The question is whether punishment can be exchanged for remorse and I argue that in certain cases it cannot. The punishment of a remorseful offender is, I argue, – in certain cases – justified.     

Can Lutheran Theology and Virtue Ethics Be Friends?

Lutheran theology is generally suspicious of virtue ethics. This suspicion arises from (1) the Lutheran commitment to justification by faith in God's unconditional promise; and (2) Luther's corollary understanding of sin as existential self‐absorption. Some Lutheran theologians have sought to incorporate virtue ethics by using it as an orientation for Christian life, while making sure to avoid any contamination of the doctrine of justification by virtue ethics. My project is to consider the possibility of a mutual illumination and interaction between the doctrine of justification and virtue ethics’ focus on formation by habituation. As an aid in exploring this possibility I use the distinction in Dietrich Bonhoeffer's Ethics between the “ultimate” and the “penultimate.”     

Pluralism in Multicultural Liberal Democracy and the Justification of Female Circumcision

This article discusses the problems that a liberal, multicultural democracy has in dealing with cultural practices, such as female circumcision, which themselves suppress the liberal values of autonomy and pluralism. In this context I have chosen the justification of female circumcision as my issue for three reasons. First, with increasing immigration, in Western multicultural and pluralistic societies this practice has recently been given a good deal of public attention; second, I believe that it is time to put this cruel and discriminatory tradition finally in the past; and third, the paradox that the victims of this practice are also often its strongest proponents well demonstrates the problems that liberal democracies have in dealing with the question of autonomy and tolerance in real-life situations. My main argument is that, without giving up tolerance, we can show that there can be no moral justification for such a tradition as female circumcision, even within a multicultural and pluralist society.
I shall first show why neither female circumcision nor any other tradition that oppresses and harms individuals and is maintained by coercion can be satisfactorily defended by liberal arguments. Then I shall discuss why 'communitarian'counter-arguments which appeal to the significance of communal values and traditions or to cultural rights also fail to give any plausible support to the maintenance of this tradition. Finally, I shall consider in more detail how the value of autonomy should be normatively understood in a modern pluralist society [1].     

Predicting Divine Action

This article sets out a formal procedure for determining the probability that God would do a specified action, using our moral knowledge and understanding God as a perfect being. To motivate developing the procedure I show how natural theology – design arguments, the problems of evil and divine hiddenness, and the treatment of miracles and religious experiences as evidence for claims about God – routinely appeals to judgments involving these probabilities. To set out the procedure, I describe a decision-theoretic model for practical reasoning which is deontological so as to appeal to theists, but is designed not to presuppose any substantive moral commitments, and to accommodate normative and non-normative uncertainty. Then I explain how judgments about what we probably ought to do can be transformed into judgments about what God would probably do. Then I show the usefulness of the procedure by describing how it can help structure discussions in natural theology and a-theology, and how it offers an attractive alternative to ‘skeptical theism’.     

Democracy,Deliberation and Disobedience

This paper develops a theory of civil disobedience informed by a deliberative conception of democracy. In particular, it explores the justification of illegal, public and political acts of protest in constitutional deliberative democracies. Civil disobedience becomes justifiable when processes of public deliberation fail to respect the principles of a deliberative democracy in the following three ways: when deliberation is insufficiently inclusive; when it is manipulated by powerful participants; and when it is insufficiently informed. As a contribution to ongoing processes of public deliberation, civil disobedience should be carried out in a way that respects the principles of deliberative democracy, which entails a commitment to persuasive, non-violent forms of protest.Civil disobedience is understood in this paper as public, illegal and political protest carried out against state laws or policies. Justification here is understood as a moral or political justification -- where civilly disobedient citizens claim that they are morally or politically entitled to disobey law. It does not imply legal justification.John Rawls, A Theory of Justice (Oxford: Oxford University Press, 1972); Ronald Dworkin, A Matter of Principle (London: Harvard University Press, 1985).