Should We Be Compelled to Have Identity Cards? Justifications for the Legal Enforcement of Obligations

In many countries, there is a debate about whether compulsory identity card schemes are acceptable and justifiable. The UK government, for example, has now committed itself to introduce such a scheme. This case provides the main example in the article, although the argument is of general application. Justifying compulsion requires not only that there be a demonstrated and fundamental obligation upon residents in a country to identify themselves using a prescribed card, but that the duty should be so strong as to merit legal enforcement. The article considers, from first principles, various arguments for the existence of an obligation upon citizens to possess a standard state-issued form of identification and produce it when reasonably requested to do, and for the enforceability of such a duty. A distinctive argument is presented that there can be a valid but limited justification for such an obligation. However, this will not justify any compulsory identity card scheme. Many schemes will violate important additional side-constraints, and there are reasons to suspect that the British government's current proposals may do so. If the argument is accepted, then it would clarify exactly what the focus of debate about an identity card scheme should be. The argument also has wider implications for the scope of individual obligations.     

民生权适用中的核心问题研究--由排除妨害纠纷案件引发的思考

在社会发展的过程中,民生保障始终是重要的社会任务。近年来,民生权作为一项新型权利被提出后,在理论界和实务界都受到了一定关注。然而,由于民生权保护的利益并不同于具体的法律权利和宪法权利,因此当民生权作为一项具体权利在适用过程中,就会面临权利定性、权利行使范围以及义务责任主体等方面的具体问题。对于民生权的性质并不应当片面理解为一种宪法权利,更不是一项部门法上的单独权利,它的运行和落实需要通过与部门法规则的衔接来实现,对民生权的适用需要加以相应限制条件,并应明确国家是民生权当然的义务主体,法人、其他组织在有规定的情况下也会承担相应的民生权义务,而个人决不能被认定为民生权义务主体,否则就会造成民生权滥用和法律规则适用的混乱。     

Fixed Content of Political Obligations

An aspect of political obligations that has received little attention is the means through which their content, i.e., exactly what is required of their bearers, is determined. An adequate moral basis for political obligations must account for this requirement, which is closely linked to the concept of authority, the state's right to substitute its judgement in various areas for the subjects' own. The problems faced by theories of obligation based on gratitude and tacit consent in fixing the content of obligations are examined, while I show how a theory based on the principle of fairness is able to overcome them. As long as a cooperative enterprise supplies public goods that are indispensable to minimally acceptable lives and require 'regulated cooperation' for their supply, it is able to ground obligations with fixed content under the principle of fairness.     

In Defence of Associative Political Obligations: Part Two

This article continues the defence of associative political obligations begun in Part One. It does so by sketching an argument that supports commonplace ideas about our having a special, ethical relationship with the polity of which we are members. The argument begins by showing how non-voluntary groups in general can have value, and then seeks to identify the generic good of a polity: that good is the provision of order and security. While this is a necessary condition of associative political obligations, it is not sufficient. It needs to be supplemented by an argument explaining why we have obligations to the particular polity of which we are members. This 'associative' argument has two sides to it. The first explains how membership of a polity is for most people something like an ascribed status; that is, an identity or role that a person is taken to occupy without having chosen it. The second suggests how, through a process of identification, we incorporate membership within our self-understanding. The article concludes with some brief remarks about anarchism and why political obligation matters.     

Fair-Play Obligations: A Critical Note on Free Riding

McDermott rejects the argument that an individual, in receiving benefits from a political community, thus incurs a 'fair-play obligation' to contribute to the provision of these benefits. While acknowledging that an individual receiving benefits without contributing is 'free riding' and that free riding may be morally wrong, McDermott denies that such moral lapses entail communities having any right to demand support. Not contributing may be morally objectionable, but individuals may still have a right not to contribute. However, both proponents and opponents of the fair-play obligation claim do not sufficiently differentiate between different forms of free riding. Arguments tend to be based on rights that may or may not be invoked when individuals free ride through consuming externalities. However, this form of free riding does not entail any reciprocal obligations. Yet it can plausibly be argued that when free riding occurs in the case of the production of public goods, then communities can demand support from individuals, and can have a right to do so.     

Fair-Play Obligations

The fair-play theory of political obligation holds that citizens incur obligations to obey the law as a result of gaining important benefits from their political communities. In this essay, I argue that the fair-play theory fails in large part because it relies on a flawed understanding of the way in which free-riding is morally wrong. Starting with the assumption that those who benefit from the efforts of others have a moral reason to reciprocate, at least under some circumstances, I show that the fair-play theorists' claim that this reason is grounded in a right to reciprocation, which the providers gain, does not succeed. Therefore this theory cannot provide an adequate explanation of how citizens incur political obligations.     

What Services are Public? What Aspects of Performance are to be Ranked? The Case of “Services of General Interest”

ABSTRACT

In this article, we focus on the difficulties in evaluating the performance of so-called services of general interest. These services generally include such services as water and electricity supply, telephony, postal services, and public transport, where providers are subjected to certain universal service obligations. Because of the tensions between European internal market requirements and these universal service obligations, there exists considerable debate on the criteria to be used to evaluate the performance of these services. In addition, the status of these public services as “public” or “essential” services is disputed. Rankings of the performance of these services will always reflect a certain dominant definition of performance. Ranking schemes as a result both reflect and create performance.     

The Obligation to Contribute to Discretionary Public Goods

The principle of fairness, first introduced by H. L. A. Hart in 1955, is able to support a workable theory of political obligation upon liberal premises. In a previous paper, 'Presumptive benefit, fairness, and political obligation', I argued that the principle can establish general obligations to cooperate in the provision of 'presumptive public goods' (that is, public goods that are indispensable to the typical member of society). Because a wider range of governmental services is necessary for the provision of presumptive goods, the principle also supports obligations to support 'discretionary public goods' (goods that are desirable but not indispensable). The 'indirect argument' developed in this paper counters the criticisms of my previous paper presented by A. John Simmons in 'The anarchist position: a reply to Klosko and Senor'.     

USA,the West and the Rest after September 11/October 7, 2001+: A Midterm Report

This article argues that if the proponents of immigration reform have it their way, the proposed guest worker program will transform American citizenship from an institution based on civic membership to one based on residence rights and socio-economic status. American citizenship, now a relatively accessible option, will become a closed-off status, unattainable for the majority of temporary workers. With this policy, the United States will create a permanently disadvantaged category of guest workers and further reduce the competitiveness of low-skilled minimum wage American workers. The concept of immigration has begun to change from an inclusive notion granting equal rights to immigrants and citizens to a more ambivalent model emphasizing obligations and responsibilities of newcomers while withholding social, political, and legal rights. Guest worker programs with limited residence will accentuate for immigrants that they must pay taxes and benefit the American economy, obey US laws and otherwise contribute to the host society which, in turn, has no reciprocal obligations toward them. This will exacerbate the already existing two-tiered system of human and social rights, creating a new feudalism in America.     

Administrative responsibility in a developing country: Theoretical considerations and the case of Zambia

Administrative weaknesses in post colonial Africa have not commonly been assessed against notions of responsibility. Regarded as involving both institutionalized controls and moral obligations, responsibility provides a useful means of assessing the limitations and weaknesses of administration. Having elucidated the ideal of responsibility, the article takes Zambia as illustrating a situation present in different third world countries where administration is unsatisfactory judged against the ideal. Weaknesses are elaborated and the reasons for failures discussed. Emphasis is placed on the overcentralization of control in the person of the President and the failure in staff development and training to recognize the importance of encouraging a sense of moral obligation and the undue emphasis on management techniques.     

The June 1999 European Parliament elections

In countries with a majoritarian electoral system, the expenses of challengers are generally found to have a stronger effect on the electoral outcome than the expenses of incumbents. Research on campaign expenditure effects in Brazil suggests that this is not the case in countries with an open list PR system and large districts. This hypothesis is confirmed by an analysis of the effect of individual campaign expenses on the number of preferential votes in the 2003 legislative elections in Flanders/Belgium. An analysis of high quality candidates shows that the expenses have a substantial effect on the vote which does not vary according to incumbency status. However, the effect of media exposure on the vote is stronger than and largely independent of the effect of campaign expenses.     

Thick Cosmopolitanism

This paper analyses the account of political obligation given by cosmopolitans and concludes that this account, which depends on a weak or thin connection between members of common humanity, leaves a motivational vacuum at the heart of cosmopolitanism. An alternative view, according to which material ties that bind prompt obligations of justice in a globalising world, is offered. This is 'thick cosmopolitanism'.     

Cosmopolitan citizenship

Traditional statist approaches to citzenship emphasise the rights and duties which individuals have as members of bounded sovereign communities. They deny that citizenship has any meaning when detached from the sovereign nation‐state. Theorists in the Kantian tradition have used the idea of world citizenship to refer to obligations to care about the future of the whole human race. This article extends the Kantian approach by arguing for a dialogic conception of cosmopolitan citizenship. What distinguishes this approach is the claim that separate states and other actors have an obligation to give institutional expression to the idea of a universal communication community which reflects the heterogeneous character of international society.     

THE FINANCIAL ACCOUNTABILITY FRAMEWORK OF AUSTRALIAN PUBLIC ENTERPRISE

Abstract: This paper is concerned with the complexities of accountability for Australian public enterprise and analyses some of the conceptual issues which need to be addressed in developing a framework for reform. The analysis suggests that the matrix of financial accountability relationships is quite complex in terms of its objectives, its concern for both public interest and commercial viability issues and the number of participants. Furthermore, it operates in an intricate environment of political, administrative and control structures. Although the general financial reporting objectives for public and private enterprises may be similar from a conceptual viewpoint, the assumptions underlying the private sector agency model (a simple one-to-one shareholder-manager relationship based on profit maximisation and individual self-interest) may not allow a realistic or suitable modelling of the intricacies of this process at an operational level at least.
The analysis identifies some of the difficulties encountered when modelling the financial accountability processes for public enterprises. It then suggests a framework which takes into account the multi-layered nature of performance objectives and the unique operational environment of public enterprises. The model encompasses performance responsibilities at both the macro- and micro-economic levels, and operates through a linked chain of participants, each with distinct financial accountability obligations and information needs. It identifies several tiers of participants together with the appropriate accountability responsibilities at each level.     

Wealth,Citizenship and Responsibility: The Views of “Better Off” Citizens in the UK

The retheorisation of citizenship since the 1980s has been marked by an emphasis on responsibility over rights, and a focus on poor citizens. The article discusses why an interest in wealthy citizens is timely, including the argument in the UK that the citizenship responsibilities of those with high incomes should be expressed through the notion of active citizenship, not solely by paying tax. Findings are presented from empirical research in the UK, based on in-depth interviews with better off citizens. It is argued that wealthy citizens have benefited from a reduced obligation to pay taxation but there has not been a corresponding acceptance of active citizenship. Moreover, respondents' actual engagement with active citizenship and the expression of responsibility through an essentially individual ethos of economic independence promote a conception of citizenship that is exclusionary rather than inclusive. The research does not lead to an argument for the diminution of citizenship responsibility, but that there is a need for greater interest in the position of wealthy, not just poor, citizens.     

Future generations as rightholders

Many people believe that we have obligations with respect to future generations concerning the state of the environment that we pass on to them. Apart from the practical problem of people not really acting on such beliefs, there are also conceptual or philosophical issues that make these obligations problematic. The so-called non-identity problem is especially difficult: depending on which courses of action we adopt, different people will be born in the future, which means that even future people who due to our behavior will live under fairly poor circumstances might not have any ground for complaint. Had we not behaved as we did, they would not even have existed. It is argued here that, at least within a rights-theoretical approach, the non-identity problem can be solved by moving from considering individual rights to generational rights, rights which future generations hold qua generations.     

Electronic Service Delivery: Achieving Accuracy and Consistency in Complex Transactions

This article discusses the use of rule-base technology in the administration of legislation. It first looks at determinative processes, the management of assessments of entitlement and obligations that form much of the operational work for many government agencies. It examines existing problems that agencies experience when attempting to secure accurate and consistent primary decision-making when administering complex legislation. It also examines the way in which traditional techniques for administering legislation constrain the service delivery methods open to an agency. It suggests that rule-base systems are a peculiarly appropriate technology for improving these determinative processes. It then argues that the use of rule-base systems offers two main benefits to agencies. They can improve the quality of primary decision-making and they can provide a means for dramatically widening the range of service delivery options open to an agency. Finally, the article argues that, until agencies have applications that are capable of automating complex transactions, such as the determination of entitlements, they will not be able to achieve large-scale benefits from electronic service delivery.     

Against Restitution

Recently, states and other institutions have undertaken to make restitution for past abuses. Distinctions need to be made between various kinds of restitutive practices that rest on quite different normative grounds. Moreover, the core idea of restitution, in attaching obligation to particular historically grounded relationships, is questionable, and what is being attempted is better explained and justified in terms of a number of standard principles of justice of a non-restitutive kind; for although there is, in principle, a clear case of restitutive justice, its elements rarely, if ever, exist in the real world in an unmixed state. Although there are significant objections to deriving local obligations from principles of universal justice, they have no force in this case. Policies termed 'restitutive' may well be justifiable, but they are misdescribed.     

On the Reasonableness of Compelling Citizens to 'Vote': the Australian Case

The legitimacy of compelling citizens to vote is rarely explored beyond claims about partisan benefit or infractions of liberty and democratic freedom of choice. Using the Australian model as a particularly successful and well administered case, I explore more deeply the issue of whether the state imposed obligation to vote is a legitimate one. The problem is approached via a number of questions, among them: Does compulsion have any properties that make it superior to a voluntary system? Does compulsion place an undue burden on voters? Is voting in the interests of individuals? Does voting do any good? Is there an obligation to vote? And, if so, to whom is the obligation owed?
I conclude that compulsion is reasonable because it yields collective (and ultimately individual) goods and protects a number of democratic, liberal and moral values. It is suggested that although there may be an obligation (but not a duty) to vote, this obligation is not owed to the state but rather to other citizens. An important effect of compulsory voting is its capacity to make voting a more 'rational' activity because it limits informational uncertainty and reduces opportunity costs. Compulsion removes most, if not all, the barriers to voting normally experienced by abstainers in voluntary systems. In doing so it releases or generates a variety of positive values, utilities and capabilities.     

Public Opinion and Collective Obligations

This article attempts to identify the general principles that underlie public reasoning about collective obligations and that help explain when political parties can create new obligations or defend existing ones. I use these principles to President Clinton’s unsuccessful attempt to create government health-care plan and attempts by President Bush to privatize Social Security. The success of a party in selling – or defeating – an obligation depends upon what people believe about the competence and capacity of government and the value of autonomy – choices made by each citizen; whether people perceive the obligation as providing floors or establishing ceilings by limiting choice or otherwise restricting opportunities for the better-off; and whether the program is more like insurance or more like welfare. A party’s ability to maintain credibility with voters also depends upon whether party leaders can suppress issues that threaten intra-party elite pacts. When attempts to suppress “taboo” issues like “stem cells” or “black crime” fail, the party loses credibility with its voters and attempts to defend or sell obligations fail.