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Civil disobedience in the shadows of postnationalization and privatization

Published on Oct 1, 2016in Journal of International Political Theory
· DOI :10.1177/1755088215617192
William E. Scheuerman16
Estimated H-index: 16
(IU: Indiana University Bloomington)
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Abstract
Bringing together normative political theory and recent empirical research on the state, the essay examines the challenges posed by the postnationalization and privatization of state authority to conventional accounts of civil disobedience. It does so by taking a careful look at John Rawls’ influential theory of civil disobedience along with its oftentimes neglected implicit assumptions about state and society, assumptions which turn out to have reproduced commonplace postwar statist and Westphalian ideas, including the optimistic view that the liberal democratic nation state should prove up to the task of successfully regulating and perhaps civilizing capitalism. Postnationalization and privatization render those assumptions problematic. Consequently, the Rawlsian model that was partly constructed on them becomes problematic as well. However, some of its features transcend the obsolescent empirical assumptions on which it was implicitly built. Theorists of civil disobedience should not just deconstruct b...
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  • Citations (5)
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References16
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Published on Dec 1, 2015in Journal of Political Philosophy0.85
William E. Scheuerman16
Estimated H-index: 16
(IU: Indiana University)
Published on Jun 29, 2015
Kurt Schock10
Estimated H-index: 10
1 Conceptualization and Debates 2 Civil Resistance in Theory and Practice 3 Proliferation and Expanding Forms of Civil Resistance 4 How Resistance Happens 5 The State and Civil Resisters 6 Transnational Relations and Intervention 7 Processes, Dynamics & Outcomes 8 Conclusion
Antonio Franceschet5
Estimated H-index: 5
(U of C: University of Calgary)
Illegal state actions are sometimes interpreted as civil disobedience. Yet, liberal theorists insist that, to count as such, states must intend to reform the systemic imperfections of the international legal order. Moreover, states must have the capacity to engineer such reforms responsibly. These requirements result in an elitist conception of international civil disobedience because weaker states cannot refashion the key rules of the international legal order. By introducing a broader concepti...
Published on Mar 16, 2015
Todd May10
Estimated H-index: 10
Preface Chapter 1: Vignettes of Nonviolence Chapter 2: What is Nonviolence? Chapter 3: Dynamics of Nonviolence Chapter 4: The Values of Nonviolence: Dignity Chapter 5: The Values of Nonviolence: Equality Chapter 6: Nonviolence in Today s World Endnotes
Published on Mar 1, 2015in Maryland Law Review
Nathan J. Miller2
Estimated H-index: 2
(UI: University of Iowa)
This Article offers a theory of international civil disobedience under which a state could stage an unlawful military intervention to stop massive human rights abuses without sacrificing its respect for the rule of international law — if the intervention conformed to the characteristics that distinguish international civil disobedience from other types of illegal conduct. These are publicity, conscientiousness, a preference for non-violence, and willingness to accept the legal consequences of th...
Published on Feb 3, 2015
Michael A. Gould-Wartofsky1
Estimated H-index: 1
Occupy Wall Street burst onto the stage of history in the fall of 2011. First by the tens, then by the tens of thousands, protestors filled the streets and laid claim to the squares of nearly 1,500 towns and cities, until, one by one, the occupations were forcibly evicted. In The Occupiers, Michael Gould-Wartofsky--one of the first social scientists on the ground in Zuccotti Park--offers a front-seat view of the action in the streets of New York City and beyond. Painting a vivid picture of every...
Published on Jan 1, 2015in Social Philosophy & Policy0.53
Simon Caney20
Estimated H-index: 20
(University of Oxford)
Published on Jan 1, 2015in Ethics & Global Politics0.71
Temi Ogunye1
Estimated H-index: 1
(UCL: University College London)
Almost all accounts of global justice recognise that the world, as it is, is unjust, and that something ought to be done about this. But what? In this paper, I argue that wealthy individuals have a duty grounded in the natural duty of justice to engage in civil disobedience against the currently unjust global order with the aim of pressuring for institutional reform. In particular, I argue that those who subscribe to the two main views on global justice—cosmopolitanism and statism—can agree that...
Published on Aug 1, 2014in German Law Journal
Christian Joerges20
Estimated H-index: 20
(University of Bremen)
The European Union is in troubled waters. Its original reliance on law as the object and agent of the integration project and on the “economic constitution” which the EMU, as accomplished by the Treaty of Maastricht, were expected to complete have proven to be unsustainable. Following the financial and the sovereign debt crises, the EMU, with its commitments to price stability and monetary politics, is perceived as a failed construction precisely because of its reliance on inflexible rules. The ...
Cited By5
Newest
With the rise of globalization, the debate around free trade versus fair trade and liberalism versus protectionism has become increasingly complicated. At times, the regulations of the World Trade Organization seem to pit developed markets against emerging markets as governments attempt to expand international trade while at the same time protecting local industry. To this end, antidumping measures have been extensively developed as a way to block foreign low-cost goods (often produced in emergi...
William E. Scheuerman16
Estimated H-index: 16
(IU: Indiana University)
Radical democratic political theorists have used the concept of constituent power to sketch ambitious models of radical democracy, while many legal scholars deploy it to make sense of the political and legal dynamics of constitutional politics. Its growing popularity notwithstanding, I argue that the concept tends to impede a proper interpretation of civil disobedience, conceived as nonviolent, politically motivated lawbreaking evincing basic respect for law. Contemporary theorists who employ it...
Published on Jan 1, 2019in Ethics & International Affairs1.42
William Smith8
Estimated H-index: 8
Published on Nov 1, 2018in Res Publica
N. P. Adams (Goethe University Frankfurt)
Standard accounts of civil disobedience include nonviolence as a necessary condition. Here I argue that such accounts are mistaken and that civil disobedience can include violence in many aspects, primarily excepting violence directed at other persons. I base this argument on a novel understanding of civil disobedience: the special character of the practice comes from its combination of condemnation of a political practice with an expressed commitment to the political. The commitment to the poli...
Danny Michelsen (GAU: University of Göttingen)
The article deals with the question of whether or under which circumstances it is reasonable to interpret some forms of illegal state action as civil disobedience and whether republican political theory can make a difference to the justification of those actions. It is argued that the theory of freedom as non-domination and the interpretation of the right to participation as the “right of rights” in a legitimate state provide a better justificatory scheme for cases in which developing or emergin...
Published on Dec 1, 2017in Constellations
Jonathan White12
Estimated H-index: 12
(LSE: London School of Economics and Political Science)
The article examines how the contestation of policy in the European Union increasingly depends on a willingness to break rules. It develops an account of what a politics of disobedience in this context may look like, the kinds of political agent that can lead it, and the normative basis on which to distinguish it from illegitimate forms of extra-legality.
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