A Further Defence of the Right Not to Vote

Opponents of compulsory voting often allege that it violates a ‘right not to vote’. This paper seeks to clarify and defend such a right against its critics (Lardy in Oxf J Leg Stud 24:303–321, 2004; Hill in Aust J Polit Sci 50:61–72, 2015a; in Crit Rev Int Soc Polit Philos 18:652–660, 2015b). First, I propose that this right must be understood as a Hohfeldian claim against being compelled to vote, rather than as a mere privilege to abstain. So construed, the right not to vote is compatible with a duty to vote, so arguments for a duty to vote do not refute the existence of such a right. The right against compulsion is most easily defended within a liberal framework, hence its critics often appeal instead to a republican conception of freedom. In the latter part of the paper, I argue that even these republican arguments are inconclusive. Even non-dominating interference still conditions freedom, which may require justification. Further, citizens can live up to republican ideals, so long as they are vigilant; they need not actually vote. Thus, republican arguments fail to refute a right not to vote.     

Response to Umbers: An Instability of the Duty and Right to Vote

Res Publica - Lachlan Umbers (Res Publica. https://doi.org/10.1007/s11158-018-9395-4, 2018a) defends democracy against Jason’s Brennan’s (Philos Q 61:700–724, 2011) competence...     

A Duty to Adopt?

All over the world millions of children are without parental care. As a consequence they are liable to suffer serious harm. I argue the general duty to assist those in need extends to children without parental care and that some people are under a moral duty to adopt rather than have biological children. I defend this claim against the following objections: (1) intimate decisions are excluded from the duty to assist, (2) adopting children is too costly to be required by morality, (3) the duty to assist is a collective duty, (4) the duty to assist is an imperfect duty, and (5) there are, in fact, very few adoptable children.     

A Direct Kantian Duty to Animals

Kant's view that we have only indirect duties to animals fails to capture the intuitive notion that wronging animals transgresses duties we owe to those animals. Here I argue that a suitably modified Kantianism can allow for direct duties to animals and, in particular, an imperfect duty to promote animal welfare without unduly compromising its core theoretical commitments, especially its commitments concerning the source and nature of our duties toward rational beings. The basis for such duties is that animal welfare, on my revised Kantian view, is neither a conditioned nor unconditioned good, but a final and nonderivative good that ought to be treated as an end‐in‐itself. However, this duty to promote animal welfare operates according to a broadly consequentialist logic that both accords well with our considered judgments about our duties to animals and explains differences between these duties and duties owed to rational agents.     

Cognitive Impairment and the Right to Vote: A Strategic Approach

Most democratic countries either limit or deny altogether voting rights for people with cognitive impairments or mental health conditions. Against this weight of legal and practical exclusion, disability advocacy and developments in international human rights law increasingly push in the direction of full voting rights for people with cognitive impairments. Particularly influential has been the adoption by the UN of the Convention on the Rights of Persons with Disabilities in 2007. Article 29 declares that states must ‘ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected’. This article also argues for the right of all people to vote, including people with cognitive impairments, by adopting a uniquely strategic approach. Firstly, some of the strategic limitations of existing arguments in favour of extending the franchise are highlighted. Most such arguments are flawed because they run the risk of inviting disparaging philosophical commentary which compares disabled people to animals, or because they are based on implausible empirical claims, or because they inadvertently tie the case for voting rights for the disabled to other cases unlikely to ever enjoy widespread acceptance. This article, instead, justifies extending voting rights to all people with cognitive impairments based on a simple cost‐benefit analysis that avoids all of these problems.     

Unintentional Residence and the Right to Vote

Democratic theory offers robust resources in order to defend the claim that noncitizens are, in many cases, entitled to the right to vote in their place of residence, regardless of their citizenship. On this, Avner de Shalit and I are in broad agreement. But the route we take to justify this right rests on substantially different argumentation: whereas I believe that residence is necessary and sufficient to justify the right to vote at the municipal and, more controversially, at the national level, de Shalit believes that noncitizens must also intend to reside in a city over the longer term in order to merit the right to vote on city matters. I will argue that this focus on intention is dangerous for the most vulnerable of city dwellers, who are most in need of the right to vote, even if only at the city level. In particular, I argue that the only way that the right to vote can play its protective role is if it is available to migrants on the basis of residence, regardless of their stated intention.     

The Duty to Object

We have the duty to object to things that people say. If you report something that I take to be false, unwarranted, or harmful, I may be required to say as much. In this paper, I explore how to best understand the distinctively epistemic dimension of this duty. I begin by highlighting two central features of this duty that distinguish it from others, such as believing in accordance with the evidence or promise-keeping. In particular, I argue that whether we are obligated to object is directly influenced not only by what other relevant members of the conversational context or community do, but also by the social status of the agent in question. I then show that these features are shared by the duty to be charitable, and the similarities between these two duties point to a potentially deeper explanation: while promise-keeping is regarded as a classic perfect duty, charity is an imperfect one. I then argue that the duty to object can be modeled on a particular conception of imperfect duties, one that takes the duty to belong to communities and other collectives, rather than to individuals. I conclude by showing that this framework provides us with reason for accepting that there are imperfect epistemic duties in general.     

Neither Here nor There,I Do Not Vote and I Do Not Care: The External Electoral Participation of Mexican Migrants in New Zealand

In 2006, an estimated 4.2 million Mexican emigrants were entitled to vote in presidential elections in Mexico, making this country the highest potential recipient of external votes around the world. Despite this fact, during the 2006 and 2012 presidential elections, less than 1 % of that estimated population actually casted their external votes raising questions about how previous patterns of political behavior can transcend borders and accompany migrants to their new countries. In this work, I argue that Mexican migrants’ interaction with an established democracy such as New Zealand is not a fundamental reason to encourage political participation through external voting. Through a qualitative lens, the paper attempts to analyze sentiments, attitudes, and behaviors of Mexican migrants toward the political arena and their effect in preventing or encouraging formal participation in Mexican elections. I conclude that cultural patterns of electoral behavior that originated in Mexico play a decisive role in the way Mexicans relate to their native country, regardless of the intensity of political integration to New Zealand democracy.     

Leadership Perceptions in Relation to a Presidential Vote1

In the 1988 American presidential election, leadership perceptions and perceived platforms were used to predict votes for one of the two final candidates (Governor Michael Dukakis and Vice President George Bush). Both leadership perceptions and perceived platforms were found to be related to voting. However, political involvement moderated the relationship between the perceived platforms and the votes, while leadership perceptions were found to be a consistent predictor of voting across levels of political involvement. Leadership perceptions, perceived platforms, and the interaction between involvement and perceived platforms predicted voting above and beyond the voters’ political affiliations. Consistent with a categorization model of leadership perceptions, the prototypicality of perceived leader traits was found to be strongly related to a tendency to vote for a candidate who was perceived to possess those traits. In comparing general favorability of characteristics versus prototypicality with respect to an effective political leadership category, general favorability played a larger role in uninvolved voters’ decisions than in involved voters’ decisions. Differences in mean leadership prototype ratings were also explored as a function of political affiliation and political involvement. The implications of these findings for campaign strategies and for leadership in organizational contexts are discussed.     

A Kantian Moral Duty for the Soon-to-be Demented to Commit Suicide

It has been argued that, on Kantian grounds, pedophiles, rapists and murderers are morally obligated to take their own lives prior to committing a violent action that will end their moral agency. That is, to avoid destroying the agent's moral life by performing a morally suicidal action, the agent, while he still is a moral agent, should end his body's life. Although the cases of dementia and the morally reprehensible are vastly different, this Kantian interpretation might be useful in the debate on the permissibility of suicide for those facing dementia's effects. If moral agents have a duty to act as moral agents, then those who will lose their moral identity as moral agents have an obligation to themselves to end their physical lives prior to losing their dignity as persons.     

Not Making Exceptions: A Response to Shue

abstract   This article refutes Henry Shue's claim that in the case of preventive military attacks it is sometimes morally permissible to make an exception to the fundamental principle regarding the inviolability of individual rights. By drawing on a comparison between torture and preventive military attacks, I will argue that the potential risks of institutionalizing preventive military attacks — what I call the Institutionalizing Argument — are far too great to even contemplate. Two potential risks with setting up a bureaucracy which specializes in preventive military attacks will be highlighted: that any preventive military strike may nourish a cycle of violence that will inevitably cause more deaths and destruction than could ever be justified; and that such preventive military strikes may be abused by political leaders in a desperate effort to hold on to power, including democratically elected political leaders working within a democratic framework .     

The Duty to Forgive Repentant Wrongdoers

Abstract

The purpose of this paper is to consider the question of whether we have a duty to forgive those who repent and apologize for the wrong they have done. I shall argue that we have a pro tanto duty to forgive repentant wrongdoers, and I shall propose and consider the norm of forgiveness. This norm states that if a wrongdoer repents and apologizes to a victim, then the victim has a duty to forgive the wrongdoer, other things being equal. That someone has a pro tanto duty to forgive a repentant wrongdoer means that he or she ought to forgive unless other considerations outweigh the norm of forgiveness. Furthermore, a distinction is made between what are termed ‘general considerations’ and ‘case‐relative considerations’, and it is argued that only after all the relevant considerations have been examined can it be determined whether there is a duty to forgive, all things considered.     

The Duty to Support Nationalistic Policies

We demonstrate that citizens perceive a duty to support policies that benefit their nation, even when they themselves judge that the consequences of the policies will be worse on the whole, taking outsiders into account. In terms of actions, subjects think they would do their perceived duty rather than violate it for the sake of better consequences. The discrepancy between duty and judged consequences does not seem to result from self‐interest alone. When asked for reasons, many subjects felt an obligation to help their fellow citizens before others, and they also thought that they owed something to their nation, in return for what it did for them. The obligation to help fellow citizens was the strongest predictor of perceived duty. In an experiment with Israeli and Palestinian students, group membership affected both perceived overall consequences and duty, but the effect of group on perceived consequences did not account for the effect on perceived duty. Copyright © 2011 John Wiley & Sons, Ltd.