MVE 6030 The Good Society and its Learnt Members

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MVE 6030The Good Society and its Learnt Members

• Topic 5
• The Ideal Membership of the Good Society
• Citizenship and Nationality

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Liberalism
Distributive Justice
Relational Justice
Communitarianism
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Rawls Distributive Justice of Primary Goods
Youngs Relational Justice Politics of
Differences
Rworkins distributive Justice of Resources
Relational Justice as Cultural Preconditions
Distributive Justice as Material Preconditions
Distributive Justice
Relational Justice
Frasers Parity of Participation
Sens Distributive Justice of capabilities
Frasers Relational Justice Politics of
Recognition
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Liberalism
Neutral to Rival Beliefs Ways of Life
Neutral to Rival Interests
Impartial Impersonal Rules of Morality
Morally Dangerous for Egoism Emotionism
Morally Dangerous for Collective Totalitarianism
Moral Dialectics
Moral Goods Incarnated in Communal Lives
Moral Agencies Reinforced among Fellow Agents
Adhere to Communal Practices
Adhere to Communal Narrative
Adhere to Communal Traditiion
Communitarianism
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Liberalism
Citizenship
Rights
Virtues
Obligations
Patriotism
Ethical Responsibilities
Political Self- Determination
Identity
Nationality
Communitarianism
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MVE 6030The Good Society and its Learnt Members

• (I)
• Citizenship
• Membership in Modern Political Communities (i)

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Citizenship

• It refers to the ideal-typical membership endowed
  with subjects of a sovereign modern state.
• The conceptions of the modern state
• Max Webers conception A state is a human
  community that (successfully) claims the monopoly
  of the legitimate use of physical force within a
  given territory. Note that territory is one of
  the characteristics of the state. Specifically
  the right to use physical force is ascribed to
  other institutions or individuals only to the
  extent to which the state permits it. The state
  is considered the sole source of the right to
  use violence. (Weber, 1946, p.78)

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Citizenship

• The conceptions of the modern state
• Charles Tillys conception An organization
  which control the population occupying a definite
  territory is a state insofar as (1) it is
  differentiated from other organizations operating
  in the same territory (2) it is autonomous (3)
  it is centralized and (4) its division are
  formally coordinated with one another. (Tilly,
  1975, p.70)

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Citizenship

• The conceptions of the modern state
• Accordingly, the modern state can be defined as a
  set of power apparatuses, which can constitute
  effective rules internally and externally over a
  definitive territory and the residents within it.
  Hence, the modern state consists of the following
  constituent features
• the definitive territory
• the definitive subjects
• monopoly of use of physical force, i.e. sovereign
  power
• the establishment of external and internal public
  authority

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Citizenship

• The conception of citizenship
• Reinhard Bendix defines citizenship as
  individualistic and plebiscitarian membership
  before the sovereign and nation-wide public
  authority
• Its development signifies the codification of
  the rights and duties of all adults who are
  classified as citizens. (Bendix, 1964, p.9)
• Accordingly, citizenship can be defined as
  institutionalized relationships between the state
  and its legitimate subjects, i.e. citizens. These
  relationships consist of citizens definitive
  rights and obligations towards the modern state.

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Ronald Dworkins Liberal Conception of
Citizenship Rights

• Rights as trumps Dworkin suggests, Rights are
  best understood as trumps over some background
  justification for political decision that states
  a goal for the community as a whole. (Dworkin,
  1984, P.153) More recently he underlines,
  Political rights are trumps over otherwise
  adequate justifications for political decision.
  (Dworkin, 2011, P. 329) Accordingly, in
  conceptualizing the idea of political rights of
  citizens, we are to enquire the question What
  kind of rights do we each as individuals have
  against our state?against ourselves
  collectively? (Dworkin, 2011, P. 328)

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Ronald Dworkins Liberal Conception of
Citizenship Rights

• Two basic principles of legitimacy Dworkin
  suggests that a state and its government can
  impose a collective and coercive decision upon
  its citizens unless it subscribes to two reigning
  principles. He states, No government is
  legitimate unless it subscribes two reigning
  principle principles. First, it must show equal
  concern for the fate of every person over whom it
  claims dominion. Second, it must respect fully
  the responsibility and right of each person to
  decision for himself how to make something
  valuable of his life. (Dworkin, 2011, P. 2)

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Ronald Dworkins Liberal Conception of
Citizenship Rights

• In accordance to these two principles of equal
  concerns and respects, Dworkin underlines that
  governments have a sovereign responsibility to
  treat each person in their power with equal
  concerns and respect. (Dworkin, 2011, P. 321) In
  light of Dworkins conceptions of political
  rights as trumps of citizens over the sovereignty
  of the state, the development citizenship rights
  can be approached in the following two
  perspectives, namely historical-sociological
  perspective of T.H. Marshall and Wesley Hohfelds
  jurisprudential (legal-philosophical) perspective.

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T.H. Marshalls Thesis of Development of
Citizenship Rights

• Contradictory trajectory of development of
  capitalism and citizenship
• Capitalism is an institution based upon the
  principle of inequality, which is in turn built
  on uneven distribution of property and/or
  property right
• Citizenship is an institution based upon the
  principle of equality, which is built on equal
  citizen status and its derivative rights
• Development of citizenship is construed by
  Marshall as means of abating social class
  conflict

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T.H. Marshalls Thesis of Development of
Citizenship Rights

• The Historical Trajectory of Development of
  Citizenship Rights
• Development of civil rights in the 18th century
  and the constitution of the Court of Justice and
  the Rule of Law
• Development of the political rights in the 19th
  century and the constitution of the parliamentary
  system and the democratic state
• Development of the social rights in the 20th
  century and the constitution of the social
  service departments and the welfare state

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Wesley Hohfelds Conception of Rights

• Rights as Liberties
• Rights as Claims
• Rights as Powers
• Rights as Immunities
• Thomas Janoskis Classification of Citizenship
  Rights with Hodfelds Conception

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The Theory of Citizenship Obligations

• Conception of citizenship obligations The
  concept of citizenship obligation can be
  discerned as the rights of the state in forms of
  claims or powers to its citizenship. Citizenship
  obligations may range from the sometimes vague
  but other times enforceable requirement to
  respect another persons opinion and position in
  life (i.e. general tolerance) to state-enforced
  civil obligations including conscription and
  taxation under the penalty of imprisonments.
  (Janoski, 1998, p. 54)

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The Theory of Citizenship Obligations

• Typology of citizenship obligations
• Supportive obligations consist of paying taxes,
  contributing to insurance-based funds, and
  working productively.
• Caring obligations to others and to oneself
  require a person to respect others right, care
  for children and a loving family, and respect
  oneself by pursuing an education, a career, and
  adequate medical care.
• Service obligations include efficiently using
  service, and actually contributing services - be
  it voter registration, health care for the
  elderly, pro bono work in public defense for
  lawyers, volunteer fire fighting, on youth
  service.

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The Theory of Citizenship Obligations

• Typology of citizenship obligations
• Protection obligations involve military service,
  police protection, and conscription to protect
  the nation by bearing arms or caring for the
  wounded, and social action to internally protect
  the integrity of a democratic system through
  social service, protests, or demonstrations.

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The Theory of Citizenship Obligations

• Approaches to the justification of citizenship
  obligations
• The contractual and instrumental approach
  Obligations are conceived as returns to
  recipience and acceptance of rights

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The Theory of Citizenship Obligations

• Approaches to the justification
• The community-based and legitimacy approach This
  approach avoids the narrowly instrumental
  approach to citizenship obligation and asserts
  that some obligations do not entail rights and
  discerns obligations with the concept of general
  exchange, which underlines people helping people
  who help other people. (p. 61) The approach
  claims that most citizens do not calculate a
  right-obligation exchange on daily bases but tend
  to adopt a generalized exchange stance, in
  which people do not expect immediate and
  reciprocal returns form the people they help, but
  they do expect to see their returns materialize
  over time in building a decent life in a more or
  less just society. (p. 61)

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The Theory of Citizenship Obligations

• Approaches to the justification
• Limiting obligation approach This approach sees
  citizenship obligations claimed or enforced by
  the state upon its citizens may in conflict
  individual citizens rights. For example
  individual citizens rights to smoke in public
  venues are in conflict with the rights of the
  public to be free from environments hazardous to
  health. Hence, this approach asserts that in
  order to safeguard the violation of individual
  citizens rights, the state could demand its
  citizens to oblige only under four conditions
  (p. 64)
• there is a clear danger,
• no reasonable exist,
• the decisions in favor of society are least
  intrusive, and
• effectors are made to minimize damage or treat
  the effects of constraining a right.

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The Theories of Citizen Virtues

• Criticism of vote-centric democracy
• The intrinsic dilemma of liberal democracy C.B.
  Macpherson underlines at the opening page of his
  oft-cited work The Life and Times of Liberal
  Democracy, If liberal democracy is taken to mean
  a society striving to ensure that all its
  members are equally free to realize their
  capacities. Liberal can mean freedom of the
  stronger to do down the weaker by following
  market rules or it can mean equal effective
  freedom of all to use and develop their
  capacities. The later freedom is inconsistent
  with the former. The difficulty is that liberal
  democracy during most of its life so far has
  tried to combine the two meanings. (Macpherson,
  1977, P. 1)

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The Theories of Citizen Virtues

• Criticism of vote-centric democracy
• The degradation of citizenship The development
  of liberal democracies in capitalist societies,
  especially those in Europe and North America, in
  the twentieth century witnessed the degradation
  of the ideal-typical conception of democratic
  citizen, who is supposed to be rational,
  reasonable, responsible, and active participants
  in political decision-making processes in
  particular and public affairs in general. With
  the rise of welfare state and politics of
  seduction, citizens have been indulged and
  relegated to become clients of the welfare
  states, consumers of welfare service,
  desire-seeking free-riders in politics of
  seduction, and spectators of politics of scandal
  in mass media.

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The Theories of Citizen Virtues

• Criticism of vote-centric democracy
• The constitution of the vote-centric democracy
  In much of the post-war period, democracy was
  understood almost exclusively in terms of voting.
  Citizens were assumed to have set of preferences,
  fixed prior to and independent of the political
  process, and the function of voting was simply to
  provide a fair decision-making procedure or
  aggregation mechanism for translating these
  pre-existing preferences into public decisions,
  either about who to elect or about what law to
  adopt. But it is increasingly accepted that this
  aggregative or vote-centric conception of
  democracy cannot fulfill norms of democratic
  legitimacy. (Kymlicka, 2002, P.290)

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The Theories of Citizen Virtues

• Theorizing deliberative democracy or
  talk-centric democracy
• To overcome the shortcomings of vote-centric
  democracy, numbers of social scientists and
  political philosophers have advocated alternative
  models of democracy to rectify if not replace the
  prevailing vote-centric democracy. One of these
  is the deliberative democracy, which aims to
  bring genuine and engaging talks and
  deliberations among reasonable citizens back into
  the decision-making processes in democracy.

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The Theories of Citizen Virtues

• Theorizing deliberative democracy or
  talk-centric democracy
• What is deliberative democracy?
• Amy Gutmann and Dennis Thompson define
  deliberative democracy as a form of government
  in which free and equal citizens (and their
  representatives), justify decisions in a process
  in which give one another reasons that are
  mutually acceptable and generally accessible,
  with the aim of researching conclusions that are
  binding in the present on all citizens but open
  to challenge in the future. (Gutmann and
  Thompson, 2004, P. 7)

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The Theories of Citizen Virtues

• From this definition, Gutmann and Thompson
  underline four essential characteristic of
  deliberative democracy. These are

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The Theories of Citizen Virtues

• Reason-giving Most fundamentally, deliberative
  democracy affirms the need to justify decisions
  made by citizens and their representatives. Both
  are expected to justify the laws they would
  impose on one another. In a democracy, leaders
  should therefore give reasons for their
  decisions, and respond to reasons that citizens
  give in return. (Gutmann Thompson, 2004, P. 3)
  Furthermore, reasons put forth and accepted in
  the decision-making process of the deliberative
  democracy are not confined to procedural
  reasons and justifications but also include
  substantive reasons and justification. In this
  reason-giving and reason-justifying process, it
  is expected that understanding, reciprocity, and
  cooperation can be faired among most if not all
  parties concerns.

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The Theories of Citizen Virtues

• Accessible A second characteristic of
  deliberative democracy is that the reasons given
  in this process should be accessible to all the
  citizens to whom they are addressed. (Gutmann
  Thompson, 2004, p. 4) In order to input reasons
  and justifications into the democratic
  deliberation and make them accessible to all
  citizens, these reasons must be presented in
  comprehensible forms and the deliberations must
  take place in public.

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The Theories of Citizen Virtues

• Binding The third characteristic of
  deliberative democracy is that its process aims
  at producing a decision that is binding for some
  period of time. (Gutmann Thompson, 2004, P. 5)
  Talks taken place in deliberative democracy are
  essentially different from conventional political
  debates and arguments, in which engaging parties
  are simply try to impose their preferences and
  reasons on their opponents in a winner-take-all
  manner. The primary aim of talks in the
  deliberative democracy is consensus building and
  reciprocity constituting so that conclusion can
  be researched and decision can be made that will
  have binding effects on all citizens.

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The Theories of Citizen Virtues

• Dynamic The fourth characteristic of
  deliberative democracy is that the process of
  deliberation itself should be dynamic and
  continuous. Although deliberation aims at a
  justifiable decision, it does not presuppose that
  the decision at hand will in fact be justified,
  let alone that a justification today will suffice
  for the indefinite future. It keeps open the
  possibility of a continuing dialogue. (Gutmann
  Thompson, 2004, P. 6)

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The Theories of Citizen Virtues

• Conception of the virtues of citizens
• Reconceptualization of citizenship In view of
  the shortcomings of the vote-centric democracy
  and politics of seduction, scholars begin to
  extend the discourse on citizenship beyond the
  right-based and obligation-based conceptions.
  They begin to enquire the necessary skills,
  performances and dispositions required of
  citizens in democratic processes. Numbers of
  scholars have characterized this dimension of
  democratic citizenship as virtue of citizen or
  simply civic virtue.

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The Theories of Citizen Virtues

• Conception of the virtues of citizens
• William A. Galston underlines that one of the
  structural tension in liberal democracy is the
  tension between virtue and self-interest. (1991,
  P. 217) More specifically, it is the tension
  between two dimension of citizenship in
  liberalism. One the one hand is the
  interest-based citizenship rights and on the
  other the virtues required of democratic
  citizens. Galston has characterized four types of
  civic virtues which he thinks are instrumental
  the function of liberal democracy. They are
  (Galston, 1991, Pp. 221-7)

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The Theories of Citizen Virtues

• Conception of the virtues of citizens
• General virtues They include courage, i.e. the
  willingness to fight and even die on behalf of
  ones country (P. 221) law-abidingness and
  loyalty, i.e. the developed capacity to
  understand, to accept, and to act on the core
  principles of ones society (P. 221).
• Virtues of liberal society They include virtue
  of independence, i.e. the disposition to care
  for, and take responsibility for, oneself and to
  avoid becoming needlessly dependent on others
  (P. 222) and the virtue of tolerance, i.e. the
  relativistic belief that every personal choice,
  every life plan, is equally good, hence beyond
  rational scrutiny and criticism. (P. 222)

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The Theories of Citizen Virtues

• Conception of the virtues of citizens
• Virtues of liberal economy They include
  entrepreneurial virtues, i.e. enterprising
  dispositions such as imagination, initiative,
  drive, determination (P. 223) and
  organizational virtues of employee, i.e. traits
  such as punctuality, reliability, civility
  toward co-workers, and a willingness to work
  within established frameworks and tasks. (P.
  223)

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The Theories of Citizen Virtues

• Conception of the virtues of citizens
• Virtues of liberal politics They include
  basically the disposition and capacity of
  reasonableness and tolerance. The former include
  willingness and capacity to engage in public
  discourse with communicative rationality and
  ethics as Habermas has underlined (See Lecture
  Note on Lecture 4 and 5, E.5.c). The latter
  include the willingness and capacity to respect
  viewpoints which are in opposition to ones own
  and readiness and capacity to narrow the gap
  among disagreements and antagonism or even the
  ability to arrive at a consensual resolution.
  (see also Benjamin Barber, 1999)

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The Obligation and Virtue to Disobey The
Conception of Civil Disobedience

• Civil disobedience has been one of the important
  topics within the discourse of citizenship
  because it overlaps all three dimensions of
  citizenship, namely
• Civil disobedience as citizen right It is argued
  that citizens has the liberty not to comply to
  policy that they consider to be wrong, unwise or
  damaging to law that they think to be unjust
  and even law and policy that are in opposition to
  ones conscience.

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The Obligation and Virtue to Disobey The
Conception of Civil Disobedience

• Civil disobedience
• Civil disobedience as citizen obligation The
  argument can elevate to the level that it is not
  ones liberty or discretion to opt for
  noncompliance but ones obligation that one, as
  citizens of a democratic state or even as a
  conscientious agent, has to act against a policy
  or legislation that is wrong, unjust, unethical
  or inhumane.

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The Obligation and Virtue to Disobey The
Conception of Civil Disobedience

• Civil disobedience
• Civil disobedience as citizen virtue The
  argument can also be formulated by juxtapose
  disobedience and civility within the concept of
  citizen virtue. For example, one may ask Is
  non-cooperation, non-compliance, or overt
  defiance of a government policy or law an act of
  virtue or vice of a citizen? How is civility as
  one of the citizen virtue be reconcile with act
  of breaking the law within the conception civil
  obedience?

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The Obligation and Virtue to Disobey The
Conception of Civil Disobedience

• Conceptions of civil disobedience
• John Rawlss conception I shall begin by
  defining civil disobedience as a public,
  nonviolent, conscientious yet political act
  contrary to law done with the aim of bringing
  about change in the law or policies of the
  government. By acting in this way one addresses
  the sense of justice of the majority of the
  community and declares that, in ones considered
  opinion the principles of social cooperation
  among free and equal men are not being respect.
  It allows for what some have called indirect as
  well as direct civil disobedience. (Ralws, 1971,
  P. 365-366)

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The Obligation and Virtue to Disobey The
Conception of Civil Disobedience

• Conceptions of civil disobedience
• Jurgen Habermass conception In an interview
  made in 1986, Habermas said, There are three
  things to be said about that (referring to civil
  disobedience). First civil disobedience cannot
  be ground in an arbitrary private Weltanschauung
  (world view). But only in principles, which are
  anchored in the constitution itself.

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The Obligation and Virtue to Disobey The
Conception of Civil Disobedience

• Conceptions of civil disobedience
• Jurgen Habermass conception In an interview
  made in 1986, Habermas said, ..
• Second civil disobedience is distinguished from
  revolutionary praxis, or from a revolt, precisely
  by the fact that it explicitly renounces
  violence. The exclusively symbolic breaking of
  rules ? which furthermore is only a last resort,
  when all other possibilities have been exhausted
  ? is only particularly urgent appeal to the
  capacity and willingness for insight of the
  majority.

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The Obligation and Virtue to Disobey The
Conception of Civil Disobedience

• Conceptions of civil disobedience
• Jurgen Habermass conception In an interview
  made in 1986, Habermas said, ..
• Third a position, such as that defended by
  Hobbes, Carl Schmitt, or . In which the
  upholding of the law is made only the highest,
  but the exclusive ground of legitimation of a
  legal system, seems to me to be extremely
  problematic, After all, one would very much like
  to know under what conditions, and for what
  purpose, the legal peace should be upheld.
  (Habermas, 1986, P. 225)

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The Obligation and Virtue to Disobey The
Conception of Civil Disobedience

• Conceptions of civil disobedience
• Ronald Dworkins conception Civil
  disobedienceis very different from ordinary
  criminal activity motivated by selfishness or
  anger or cruelty or madness. It is also
  differentfrom the civil war that break out
  within a territory when one group challenges the
  legitimacy of the government or the dimensions of
  the political community. Civil disobedience
  involves those who do not challenge authority in
  so fundamental a way. They do not think of
  themselvesas seeking any basic rupture or
  constitutional reorganization. They accept the
  fundamental legitimacy of both government and
  community they act to acquit rather than to
  challenge their duty as citizens. (Dworkin,
  1985, P105)

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The Obligation and Virtue to Disobey The
Conception of Civil Disobedience

• Conceptions of civil disobedience
• Jean Cohen and Andrew Aratos conception Civil
  disobedience involves illegal acts, usually on
  the part of collective actors, that are public,
  principle, and symbolic in character, involve
  primarily nonviolent means of protest, and appeal
  to the capacity for reason and the sense of
  justice of the populace. The aim of civil
  disobedience is to persuade public opinion in
  civil and political societythat a particular law
  or policy is illegitimate and a change is
  warranted. Collective actors involved in civil
  disobedience invoke the utopian principles of
  constitutional democracies appealing to the ideas
  of fundamental rights or democratic legitimacy.
  (Cohen Arato, 1992 quoted in Habermas, 1996,
  P. 383)

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The Obligation and Virtue to Disobey The
Conception of Civil Disobedience

• Justificatory grounds for Civil Disobedience
• The institutional assumption of civil
  disobedience As the preceding definitions
  suggest, advocates and organizers of civil
  disobedience start off their campaign under the
  working assumption that they are living within a
  more or less just democratic state and that they
  recognize and accept the legitimacy of the
  constitution (Rawls, 1971, P. 362) And their
  focal point of defiance is only on particular law
  or policy, which they find so unacceptable or
  even wrong that they have to defy it directly or
  indirectly. As a result, the organizers and
  participants of a civil disobedience campaign owe
  the law-abiding majority of the community a
  burden of proof of their act of disobedience.

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The Obligation and Virtue to Disobey The
Conception of Civil Disobedience

• Justificatory grounds for Civil Disobedience
• Ronald Dworkin, a prominent scholar of
  jurisprudence in the US, has induced three basic
  justificatory grounds for civil disobedience.
• Conscience or integrity-based civil
  disobedience He points to the Fugitive Slave Act
  of 1850 in the US. He indicates, Someone who
  believes it would be deeply wrong to deny help to
  an escaped slave who knocks at his door, and even
  worse to turn him over to the authority, think
  the Fugitive Slave Act requires him to behave in
  an immoral way. His personal integrity, his
  conscience, forbids him to obey. (Dworkin, 1985,
  P. 107)

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The Obligation and Virtue to Disobey The
Conception of Civil Disobedience

• Justificatory grounds for Civil Disobedience
• Dworkin, justificatory grounds for civil
  disobedience.
• Justice-based civil disobedience Dworkin
  points to the civil rights movement and the
  anti-Vietnam-war movement in the US during the
  1960s in the US. He suggests that those
  participating in these civil disobedient
  movements aim to oppose and reverse a program
  they believe unjust, a program of oppression by
  the majority of a minority. Those in the civil
  rights movement who broke the law and many
  civilians who broke it protesting the war in
  Vietnam thought the majority was pursuing its own
  interests and goals unjustly because in disregard
  of the rights of others, the rights of the
  domestic minority in the case of civil rights
  movement and of another nation in the case of the
  war. This is just-based civil disobedience.
  (Dworkin, 1985, P. 107)

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The Obligation and Virtue to Disobey The
Conception of Civil Disobedience

• Justificatory grounds for Civil Disobedience
• Dworkin, justificatory grounds for civil
  disobedience.
• Policy-based civil disobedience Dworkin points
  to the movement of occupying US military bases in
  West Germany during the Euro-missile deployment
  debate in the 1980s. He suggests that people
  sometimes break the law not because they believe
  the program they oppose is immoral or unjustbut
  because they believe it very unwise, stupid, and
  dangerous for the majority as well as the
  minority. The recent protest against the
  deployment of American missiles in Europe, so far
  as they violate local law, were for the most part
  occasions of this third kind of civil
  disobedience , which I shall call policy-based.
  If we tried to reconstruct the beliefs and
  attitudes of the people who occupied the
  military bases in Germany, we would find
  thatthey thought that majority had made a
  tragically wrong choice from the common
  standpoint. They aim, not to force the majority
  to keep faith with principle of justice, but
  simply to come to its sense. (Dworkin, 1985, P.
  107)

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The Obligation and Virtue to Disobey The
Conception of Civil Disobedience

1. The function of civil disobedience in democratic
   and rule-of-law state Taking together John
   Rawls, Jurgen Habermas and Ronald Dworkins
   formulations, they consensually point to the
   positive contribution of civil obedience to the
   formation of the political culture of the
   democratic and rule-of-law state (Rechtsstaat in
   Germen)

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The Obligation and Virtue to Disobey The
Conception of Civil Disobedience

• The function of civil disobedience .
• John Rawls underlines, Indeed, civil
  disobedience ( and conscientious refusal as well)
  is one of the stabilizing devices of a
  constitutional system, although by definition an
  illegal one. Along with such things as free and
  regular elections and an independent judiciary
  empowered to interpret the constitution (not
  necessary written), civil disobedience used with
  due restraint and sound judgment helps to
  maintain and strengthen just institutions. By
  resisting injustice within the limits of fidelity
  to law, it serves to inhibit departures from
  justice and to correct them when they occur. A
  general disposition to engage in justified civil
  disobedience introduces stability into a
  well-ordered society, or one that is nearly
  just. (Rawls, 1971, P. 383)

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The Obligation and Virtue to Disobey The
Conception of Civil Disobedience

• The function of civil disobedience .
• Jurgen Habermas characterized the civil
  disobedience (in the form of occupying the US
  military bases in Germany) against the
  Euro-missile deployment in Germany in early 1980
  in the following ways
• The present movement gives us the first chance,
  even in Germany, to grasp civil disobedience as
  an element of a ripe political culture.
  (Habermas, 1983 quoted in Specter, 2010, P. 156
  my emphasis)
• The practice gives the German public, for the
  first time, the chance to liberate itself from a
  paralyzing trauma and to look without fear on the
  previous taboo question of the formation of a
  radical democratic consciousness. The danger is
  that this chance ? which other countries with a
  longer democratic tradition have integrated
  productively ? will be passed up. (Habermas,
  1985 quoted in Specter, 2010, P. 156)

60
The Obligation and Virtue to Disobey The
Conception of Civil Disobedience

• The function of civil disobedience .
• Jurgen Habermas has also put civil disobedience
  against the context of Rechtsstaat (the
  rule-of-law state) and suggests that
• The paradox of the Rechsstaat is that it must
  embody positive law, but also stand for
  principles which transcend it, and by which
  positive law may be judged. The Rechsstaat,
  wanting to remain identical with itself, stands
  before a paradoxical task. It must protect
  against injustice that may emerge in legal
  forms, although this mistrust cannot take an
  institutionally secured form. With this idea of a
  non-institutionalizable mistrust of itself, the
  Rechsstaat projects itself over the entirety of
  its positive law. (Habermas, 1983 quoted in
  Specter, 2010, P. 156)

61
The Obligation and Virtue to Disobey The
Conception of Civil Disobedience

• The function of civil disobedience .
• Jurgen Habermas .
• Immediately following the quotation, Mathew
  Specter underlines that Habermas claim that the
  paradox can be resolved by citizens of matured
  political culture because they alone show the
  sense of judgment necessary to decide how to
  act in relation to unjust laws, or majority
  decision, with which they agree. Civil
  disobedience was thereby figured as a necessary
  component of a successful Rechsstaat. (Specter,
  2010, P. 167 my emphasis)

62
The Obligation and Virtue to Disobey The
Conception of Civil Disobedience

• The function of civil disobedience .
• Ronald Dworkin in retrospective reflection on the
  civil disobedient movements of the US in the
  1960s and 70s, he suggests that we can say
  something now we could not have said three
  decades ago that Americans accept that civil
  disobedience ha s a legitimate if informal place
  in the political culture of their community. Few
  Americans now either deplore or regret the civil
  rights and antiwar movements of the 1960s. People
  in the center as well as on the left of politics
  give the most famous occasions of civil
  disobedience a good press, at least in
  retrospect. They concede that these acts did
  engage the collective moral sense of the
  community. Civil disobedience is no longer a
  frightening idea in the United States. (Dworkin,
  1985, P. 105)

63
The Obligation and Virtue to Disobey The
Conception of Civil Disobedience

1. To summarize, we may map out the connection
   between the rule of law, democratic political
   participation and civil disobedience in the
   following way

64
Humans are endowed with natural rights. They can
join together to live reciprocally peacefully
in communal form. Each of them by mutual
agreement are willing to surrender part of their
natural rights to a public authority to form the
state
The Rule of the State
The Rule of Democracy
The Rule of Law
The institutional paradox
Public order built on legal positivism
Moral and/or political value based on natural law
Legitimacy
Legality
Conscience-based
Policy-based
Justice-based
Challenging the legality of majority rule on the
ground of legitimacy
Civil Disobedience
65
Humans are endowed with natural rights. They can
join together to live reciprocally peacefully
in communal form. Each of them by mutual
agreement are willing to surrender part of their
natural rights to a public authority to form the
state
Pros Civil Disobedience as Fundamental Citzen
right guarding against the stae
The Rule of the State
The Rule of Democracy
The Rule of Law
Cons Civil Disobedience as Political-Participati
on in liberal state Self-defeating effect
The institutional paradox
Pros Civil Disobedience as Moral Rights
Public order built on legal positivism
Moral and/or political value based on natural law
Legitimacy
Legality
Conscience-based
Policy-based
Justice-based
Challenging the legality of majority rule on the
ground of legitimacy
Civil Disobedience
66
Humans are endowed with natural rights. They can
join together to live reciprocally peacefully
in communal form. Each of them by mutual
agreement are willing to surrender part of their
natural rights to a public authority to form the
state
Proposals of political Reform General election of
Chief Executives in 2017 General election of
Legco in 2018
The Rule of the State
The Rule of Democracy
The Rule of Law
The institutional paradox
Cons - Law breaking (simple legality) -
Financial lost (instrumentalism) - Tyranny of the
populace
Pros - Delay Denial of the basic political
right of HK citizens - Crisis of ungovernability
Public order built on legal positivism
Moral and/or political value based on natural law
Legitimacy
Legality
Occupying Central as indirect Civil Disobedience
Challenging the legality of majority rule on the
ground of legitimacy
Conscience-based
Policy-based
Justice-based
Civil Disobedience
67
Humans are endowed with natural rights. They can
join together to live reciprocally peacefully
in communal form. Each of them by mutual
agreement are willing to surrender part of their
natural rights to a public authority to form the
state
?????
Proposals of political Reform General election of
Chief Executives in 2017 General election of
Legco in 2018
The Rule of the State
The Rule of Democracy
The Rule of Law
The institutional paradox
Cons - Law breaking (simple legality) -
Financial lost (instrumentalism) - Tyranny of the
populace
Pros - Delay Denial of the basic political
right of HK citizens - Crisis of ungovernability
Public order built on legal positivism
Moral and/or political value based on natural law
Legitimacy
Legality
Occupying Central as indirect Civil Disobedience
Challenging the legality of majority rule on the
ground of legitimacy
Conscience-based
Policy-based
Justice-based
Civil Disobedience
68
MVE 6030The Good Society and its Learnt Members

• (II)
• Nationality
• Membership in Modern Political Communities (ii)

69
Nationality

• It refers to the sense of comradeship of being
  the member of the political community known as
  the modern nation.
• The conception of the nation

70
Nationality

• The conception of the nation
• Max Webers conception of the nation If the
  concept of nation can in any way be defined
  unambiguously, it certainly cannot be stated in
  terms of empirical qualities common to those who
  count as members of the nation. In the sense of
  those using the term at a given time, the concept
  undoubtedly means, above all, that one may exact
  from certain group of men a specific sentiment of
  solidarity in the face of other groups. Thus, the
  concept (of nation) belongs in the sphere of
  values. Yet, there is no agreement on how these
  groups should be delimited or about what
  concreted action should result from such
  solidarity. (Weber, 1948, p.172)

71
Nationality

• The conception of the nation
• Anthony Smiths definition of the nation Smith
  has defined that the nation was a group with
  seven features
• cultural differentiae (i.e. the
  similarity-dissimilarity pattern, members are
  alike in the respects in which they differ from
  non-members)
• territorial contiguity with free mobility
  throughout
• a relatively large scale ( and population)
• external political relations of conflict and
  alliance with similar group
• considerable group sentiment and loyalty
• direct membership with equal citizenship rights
• vertical economic integration around a common
  system of labour. (Smith, 1983, p. 186 original
  numbering

72
Nationality

• The conception of the nation
• David Millers conception of the nation Millers
  defines the nation as a community (1)
  constituted by shared belief and mutual
  commitment, (2) extended in history, (3) active
  in character, (4) connected to a particular
  territory, and (5) marked off from other
  communities by its distinct public culture.
  (Miller, 1995, P.27)

73
Nationality

• The conception of nationality Nationality refers
  to the disposition, intentionality and capacity
  that members of a nation are expected to
  embodied. Miller furthers his formulation that
  the idea of nationality which I take to
  encompass the following three interconnected
  propositions. (Miller, 1995, P.10)

74
Nationality

• David Millers conception of nationality
• Nationality three interconnected propositions
• National identity It refers to that individuals
  have developed and continuously possess a sense
  of belonging to definite national communities,
  which they believe really exist (Miller, 1995,
  P. 10). Furthermore, members of a national
  community also hold that their national identity
  is an essential part, if not most essential part,
  of their personal identity. This proposition
  claims that identifying with a nation, feeling
  yourself inextricably part of it, is a legitimate
  way of understanding your place in the world.
  (Miller, 1995, P. 11)

75
Nationality

• David Millers conception of nationality
• Nationality three interconnected propositions
• Ethical obligations Nationality implies a
  claims that nations are ethical communities.
  They are contour lines in the ethical landscape.
  The duties we owe to our fellow-nationals are
  different from, and more extensive than, the
  duties we owe to human beings as such. (Miller,
  1995, P. 11) These national ethical duties may
  further be juxtaposed with ones duties family,
  religious group, or other human associations.
  These ethical obligatory claims also imply
  restrictions that they only apply within definite
  national boundaries, and that in particular
  there is no objection in principle to
  institutional schemes ?such as welfare states?
  that are designed to deliver benefits exclusively
  to those who fall within the same boundaries as
  ourselves. (Miller, 1995, P. 11)

76
Nationality

• David Millers conception of nationality
• Nationality three interconnected propositions
• Political self-determination The third
  proposition is political, and states that people
  who form a national community in a particular
  territory have a good claim to political
  self-determination there ought to be put in
  place an institutional structure that enables
  them to decide collectively matters that concern
  primarily their own community. Notice that I
  have phrased this cautiously, and have not
  asserted that the institution must be that of a
  sovereign state. Nevertheless national
  self-determination can be realized in other ways,
  and as we shall see there are cases where it must
  be realized other than through sovereign state,
  precisely to meet the equally good claims of
  other nationalities. (Miller, 1995, P. 11)

77
Nationality

• Perspectives in National Identity Study
• In light of studies in nationalism and
  national identity generated since the second half
  of the 20th century, two sets of dichotomous
  perspectives could be synthesized.

78
Nationality

• Perspectives in National Identity Study
• In relation to the nature of the concept of
  national identity, there seems to be two
  dichotomous theoretical stances prevailing
• Essentialism Essentialism approaches national
  identity as essentials or attributes, which are
  naturally endowed or structurally determined.
  This perspective takes national identity as well
  as gender identity or class identity as given
  facts and preexisting reality. Hence, the
  formations of national identities are
  conditioned, shaped, or determined by sets of
  essentially fixed traits, such as biological
  consanguinity, racial origins, place of birth,
  cultural and linguistic heritage, etc.

79
Nationality

• Perspectives in National Identity Study
• two dichotomous theoretical stances
• Constructionism Constructionism approaches
  national identity as socially constructed
  reality, which are negotiable and maneuverable.
  They are on the one hand collectively constituted
  in social process or even social movement, such
  as national liberation movement, and individually
  constructed in deliberately presentations and
  articulations.

80
Nationality

• Perspectives in National Identity Study
• In relation to the origins of the national
  identity, there are two adversary perspectives,
  namely primordialism and modernism.
• Primordialism It attributes the origin and/or
  the contributing factors to national-identity
  formation to some primordial ties inherited
  from the ancient past, such as sense of kinship
  feeling of consanguinity earth boundedness and
  geographical embeddedness.

81
Nationality

• Perspectives in National Identity Study
• two adversary perspectives
• Modernism It attributes the rise of nationalism
  and the formation of national identity to their
  instrumental and functional contributions to
  modernization and more specifically
  industrialism. It emphasizes the contribution of
  national identity to the formation of a common
  ground for the secular and anonymous lifestyle of
  factory production, market exchange, urbanism,
  democratic participation, etc.

82
Modernism
Constructionism
Essentialism
Primordialism
83
Development of the Modern Form of Political
Community Nation-State

• The paradoxical natures of the nation-state
  Throughout the developing trajectories of the
  nation-states, their two constituent sites,
  namely the state and nation, have been in
  paradoxical relationship in most of the time. The
  paradox is primarily espoused by the different
  institutional natures of the two human
  aggregates.

84
Development of the Modern Form of Political
Community Nation-State

• The paradoxical natures of the nation-state
• For the state, it is a human organization formed
  primarily by naked physical forces and then
  institutionalized by political and legal
  authorities, desirably in the form of
  constitutional-liberal democracy. It demands its
  human subjects complete compliances and imposes
  sovereign and non-disputable power over its
  territory

85
Development of the Modern Form of Political
Community Nation-State

• The paradoxical natures of the nation-state
• For the nation, it is a human community formed by
  a specific sentiment of solidarity. This
  psycho-cultural sense of solidarity and we-group
  feeling may take on various forms and shapes in
  different historical and socio-political
  contexts. They have unleashed tremendous
  collective human efforts in accomplishing epical
  movements in the forms of independent movements
  or national liberations or in waging devastating
  wars in the forms of ethnic cleansings or
  genocides.

86
Development of the Modern Form of Political
Community Nation-State

• Empirical contexts of the nation-state formations

87
Development of the Modern Form of Political
Community Nation-State

• Empirical contexts of the nation-state
  formations
• The distinction between states and nations is
  fundamental States can exist without a nation,
  or with several nations, among their subjects
  and a nation can be coterminous with the
  population of one state, or be included together
  with other nations with one state, or be divided
  between several states. The belief that every
  state is a nation, or that all sovereign states
  are national states, has done much to obfuscate
  human understanding of political realities.

88
Development of the Modern Form of Political
Community Nation-State

• the nation-state formations
• ..A state is a legal and political
  organization, with the power to require obedience
  and loyalty from its citizens. A nation is a
  community of people, whose members are bound
  together by a sense of solidarty, a common
  culture, a national consciousness. Yet in the
  common usage of English and of other modern
  languages these two distinct relationship are
  frequently confused. (Seton-Watson, 1977, P. 1)

89
Development of the Modern Form of Political
Community Nation-State

• the nation-state formations
• According to recent estimates, the worlds 184
  indendent states contain over 600 living language
  groups, and 5,000 ethnic groups. In very few
  countries can citizens be said to share the same
  language, or belong to the same ethnonational
  group. (Kymlicka, 1995, P. 1)

90
Development of the Modern Form of Political
Community Nation-State

• The Historical Trajectories of Nation Building
• The first generation of nation building in
  Western Europe and American in 18th -19 centuries
• Nation-building through revolution and
  constitution of the republics
• The French Declaration of Rights of Man and
  Citizen proclaims that the source of all
  sovereignty resides essentially in the nation no
  group, no individual may exercise authority not
  emanating expressly therefore. (quoted in
  Connor, 1994, p. 39)
• The Constitution of the United States writes, We
  the people of the United States, in order to form
  a more perfect union, establish justice, insure
  domestic tranquility, provide for the common
  defense, promote the general welfare, and secure
  the blessing of liberty to ourselves and our
  posterity, do ordain and establish this
  constitution for the United State of America.

91
Development of the Modern Form of Political
Community Nation-State

• The Historical Trajectories of Nation Building
• The second generation of nation building in
  Eastern Europe in the first half of the 20th
  century
• Scattered national fragments in Eastern Europe,
  especial in Balkan peninsula, as the results of
  wars between imperial powers of the East and the
  West, and between Christianity and Muslim
• Nation-building project under the ruling of
  authoritarian socialist party-states after WWII
  under the patronage of the Soviet Union.

92
Development of the Modern Form of Political
Community Nation-State

• The Historical Trajectories of Nation Building
• The third generation of nation building in Asia
  and Africa in the second half of the 20th century
• Independent movements in European colonies after
  WWII
• Nation building took the form of state-based
  territorialism (Smith, 1983)