The Duty to Punish and Legitimate Government

Mcdermott, D.

doi:10.1111/1467-9760.00071

Cited by 7 publications

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“…The liberal democratic state therefore as follows: (1) lacks legitimacy because the state serves elite interests at the expense of individual and collective self-governance and (2) impedes individual autonomy and self-determination by compelling individuals to obey the state through coercion (rules, regulations, and laws), and even force (police and military action). Philosophical anarchists thus argue that individuals, according to their conscience, have the moral right not to comply with the state and even the moral obligation to disobey the state in the event that the policies and laws of a particular government violate the conscience of individual citizens (Lyons, 1998;McDermott, 1999).…”

Section: Obstruction Of Institutionsmentioning

confidence: 99%

Oligarchy, Anarchy, and Social Justice

Martin

2015

Contemporary Justice Review

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This article attempts to identify the problems associated with democratic organizations, and institutions. The issue of democratic, self-governing organizations, and institutions being transformed into oligarchies is addressed. Thus, the question of democratic rule being undermined by elites and their attempts to co-opt democratic organizations, specifically government, is assessed. In order to mitigate elite interests within organizations, anarchist social justice is considered (paradoxically) as a means to revitalize and transform democratic government.All modern revolutions have ended in a reinforcement of the state.Albert CamusDemocratic structures, that is, those organizations and institutions which attempt to be self-governing, majoritarian institutions, invariably become oligarchies by virtue of the fact that elite interests within these structures are prioritized over and above the needs of the majority members. In developing this thesis further, Robert Michels argued, 'It is organization which gives birth to the domination of the elected over the electors, of the mandatories over the mandators, of the delegates over the delegators. Who says organization, says oligarchy' (Michels, 1962, p. 365). Self-ruling, liberal democratic organizations, and institutions -whether liberal democracies, social democracies, or democratic socialist systems -invariably morph into oligarchic structures. Thus, concerns arise as to (1) How and why major organizations and institutions are constructed into rigid oligarchies? (2) What interests seem to dominate and control organizations? (3) What particular forces in private and public organizations obstruct democratic rule and self-determination? and (4) How are organizations and institutions linked to each other and their similar interests? If, then, it can be demonstrated that organizations, institutions, and governments, in essence form oligarchies and undermine democratic purposes, and that democratic reforms appear to be futile in remediating these oligarchies, then other alternatives to revitalize and renew democratic institutions, that is, if democratic majoritarian self-rule remains a priority for people. This is timely since there are those who argue that democratic principles can be violated in order to facilitate the *

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Section: Obstruction Of Institutionsmentioning

confidence: 99%

Oligarchy, Anarchy, and Social Justice

Martin

2015

Contemporary Justice Review

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Punishment and the State

Harel

2014

Encyclopedia of Criminology and Criminal Justice

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The Problem of Punishment

Boonin

2008

199

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In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not? Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it.

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The Duty to Punish and Legitimate Government

Cited by 7 publications

References 0 publications

Oligarchy, Anarchy, and Social Justice

Oligarchy, Anarchy, and Social Justice

Punishment and the State

The Problem of Punishment

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