Why government outsourcing of public powers is making us less free Many governmental functions today—from the management of prisons and welfare offices to warfare and financial regulation—are outsourced to private entities. Education and health care are funded in part through private philanthropy rather than taxation. Can a privatized government rule legitimately? The Privatized State argues that it cannot. In this boldly provocative book, Chiara Cordelli argues that privatization constitutes a regression to a precivil condition—what philosophers centuries ago called (...) "a state of nature." Developing a compelling case for the democratic state and its administrative apparatus, she shows how privatization reproduces the very same defects that Enlightenment thinkers attributed to the precivil condition, and which only properly constituted political institutions can overcome—defects such as provisional justice, undue dependence, and unfreedom. Cordelli advocates for constitutional limits on privatization and a more democratic system of public administration, and lays out the central responsibilities of private actors in contexts where governance is already extensively privatized. Charting a way forward, she presents a new conceptual account of political representation and novel philosophical theories of democratic authority and legitimate lawmaking. The Privatized State shows how privatization undermines the very reason political institutions exist in the first place, and advocates for a new way of administering public affairs that is more democratic and just. (shrink)

Across countries, governments are urging civil society, in particular charitable and non-profit associations, to take up a part of the social burden, and to produce and provide critical human services and social goods, either independently or on governments' behalf. This type of privatization, or public–private partnership, is encouraged by many on grounds of pluralism and liberty, as empowering individuals and their associations. In this paper, I aim to provide a liberty-based normative argument against privatization. A common view, supported by both (...) conservatives and classical liberals, is that the more social responsibility is left or delegated to civil society, the more civil society will flourish. I contend, by contrast, that when political societies rely on civil society to provide critical goods and services, individuals' freedom of association is threatened. The consequence of privatization is a multiple loss, in terms of individual freedom, value pluralism and the expressive character of civil society. (shrink)

Journal of Political Philosophy, EarlyView.

I argue that an agent can be appropriately blamed for failing to assist someone in need, even if her failure to assist is not wrong, and that an agent can be morally required to assist even if assisting is overly costly for her—more costly than what the relevant moral baseline is ordinarily taken to allow. Whether this is the case depends on whether the agent has previously failed to discharge her “prospective duties.” Once these duties are taken into consideration, even (...) apparently moderate accounts of beneficence appear to be not very moderate after all. (shrink)

Introduction : philanthropy in democratic societies / Rob Reich, Lucy Bernholz, and Chiara Cordelli -- Altruism and the origins of nonprofit philanthropy / Jonathan Levy -- Why is the history of philanthropy not a part of American history? / Olivier Zunz -- On the role of foundations in democracies / Rob Reich -- Contributory or disruptive : do new forms of philanthropy erode democracy? / Aaron Horvath and Walter W. Powell -- Reconciling corporate social responsibility and profitability : (...) guidelines for the conscientious manager / Paul Brest -- When is philanthropy? : how the tax code's answer to this question has given rise to the growth of donor-advised funds and why it's a problem / Ray D. Madoff -- Creating digital civil society : the Digital Public Library of America / Lucy Bernholz -- The free-provider problem : private provision of public responsibilities / Eric Beerbohm -- Philanthropy and democratic ideals / Ryan Pevnick -- Reparative justice and the moral limits of discretionary philanthropy / Chiara Cordelli. (shrink)

I wish to thank the contributors to this symposium for the thoughtfulness and care with which they engaged with my book, The Privatized State. I wrote this book with two animating goals in mind. Th...

I first defend my Kantian account of the authority of democracy against Harel’s objection that it mandates democratic rule when it is not required and Stilz’s concern that the justification of democracy I propose is not sufficiently capacious to rescue democratic rule from epistocratic challenges. I then rescue my integrated model of administrative legitimacy from Vredenburgh’s charge that such model cannot solve the tension between the demands of democracy and those of bureaucracy. I finally address Saunders-Hastings’ concern that my account (...) of the wrong of privatization relies on an excessively idealized view of political institutions for it to be action-guiding. (shrink)

Philanthropy is everywhere. In 2013, in the United States alone, some $330 billion was recorded in giving, from large donations by the wealthy all the way down to informal giving circles. We tend to think of philanthropy as unequivocally good, but as the contributors to this book show, philanthropy is also an exercise of power. And like all forms of power, especially in a democratic society, it deserves scrutiny. Yet it rarely has been given serious attention. This book fills that (...) gap, bringing together expert philosophers, sociologists, political scientists, historians, and legal scholars to ask fundamental and pressing questions about philanthropy’s role in democratic societies. (shrink)

The legitimacy of putting public activities – such as providing education and welfare, but also running prisons or providing military services – into the hands of private companies is hotly contested. In The Privatized State, Chiara Cordelli puts forward an original argument, from a Kantian perspective, for why it is problematic: it replaces the omnilateral will of all citizens, which is realized through public institutions, with the unilateral will of agents to whom these activities have been delegated. While (...) adding an important dimension to the debate, I am not fully convinced that private institutions always fail to realize the omnilateral will, and that this is the only, or always most central, normative problem of privatization. Instead, many concrete cases of privatization seem normatively overdetermined in their wrongness. Nonetheless, Cordelli’s brilliant discussion invites us to rethink these phenomena from an important angle and helps us to better understand what an ideal civil service would look like. (shrink)

I praise the book for its strong argument and provide recommendations for further research about how the book's arguments can be applied to student government contexts.

Chiara Cordelli’s book The Privatized State makes an important contribution to debates over the morality of public administration and widespread privatization. Cordelli argues that widespread privatization is a problem of legitimacy, as private actors impose their will unilaterally on others. Bureaucratic decision-making, by contrast, can be legitimate, within the correct institutional context and in accordance with a bureaucratic ethos. In this review, I argue that bureaucratic policymaking faces similar changes from the value of legitimacy that Cordelli (...) raises against widespread privatization. First, I argue that for a polity subject to bureaucratic policymaking to be self-ruling, bureaucracies must incorporate more democracy; but, so doing goes against the rationale of their institutional form. Second, I argue that bureaucrats and private actors acting on behalf of the state do not have starkly different levels of free purposiveness, and that it is morally desirable for bureaucrats to have more free purposiveness than Cordelli allows, and private actors less. (shrink)

Chiara Cordelli’s The Privatized State is a book that should be widely read for many reasons.1 In the first place, it engages with an important set of issues in governance and public administration...

Chiara Cordelli’s The Privatized State1 offers an original perspective on an important, and indeed extremely topical issue, particularly in view of the way in which the role of the state and of its...

Chiara Cordelli’s The Privatized State offers a powerful critique of privatization and an inspiring vision of the kind of democratic governance that could secure citizens’ equal freedom. This essay raises questions about how Cordelli’s arguments apply in non-ideal theory. It asks whether her arguments about the illegitimacy of privatization provide us with adequate reasons to reject ongoing processes of privatization. It also queries some of her recommendations for how philanthropy should be practiced by individuals and incentivized by (...) the state. (shrink)

This paper critically assesses Chiara Cordelli’s Kantian theory of the legitimacy of public administration. I argue, first, that Cordelli’s understanding of Kantian legitimacy offers an insufficiently robust defense of democracy: it leaves too much scope for rule by epistocrats, individuals who are wiser than others in ascertaining the demands of justice. Second, I argue that Cordelli should be open to the eventual abolition of bureaucracy, through the increased involvement of ordinary citizens in public administration. Once we (...) begin to worry about the problem of bureaucratic unilateralism, it may be hard to avoid the conclusion that it is democratically necessary to abolish the bureaucratic state. (shrink)

Is it possible that justice requires giving people with disabilities like autism sufficient opportunities to pursue a flourishing life by promoting accessibility at theme parks and other places of public accommodation? I explore this question by analyzing the ethical issues at play in a series of disability lawsuits against Disney Parks and Resorts. Drawing on the work of Martha Nussbaum and Chiara Cordelli, I argue that Disney has an obligation of justice to provide these plaintiffs with their requested (...) disability modification. I further articulate how public accommodations other than Disney should accommodate disabled customers, sometimes with government assistance. (shrink)

Recent decades have seen a dramatic transformation in the mode of governing, with government increasingly outsourced to a network of private actors, spanning education, prisons, regulation, arbitration, the military, and access to healthcare and welfare. Chiara Cordelli’s The Privatized State probes the ethical and philosophical questions raised by this transformation, and develops a distinctive account of the wrong of privatization: that a privatized government cannot be a legitimate government. In so doing, Cordelli engages and advances not only (...) pressing questions about privatization, but also broader questions about public administration, political representation, democratic authority, and neorepublicanism. This symposium brings together scholars for a wide-ranging discussion of this transformation in governance and the deep and challenging questions it raises. (shrink)

Drawing on philosophy, law and political science, and on a wealth of practical experience delivering emergency medical services in conflict-ridden settings, Lepora and Goodin untangle the complexities surrounding compromise and complicity.

The article examines the ethics of musical interpretation, focusing on the performer’s responsibility in faithfully recreating a work from the score. Drawing inspiration from conductor Daniel Barenboim’s reflections (2016), it analyzes the delicate balance between personal expression and fidelity to the work, highlighting how interpretation involves not only technical skill but also moral responsibility. This notion develops through the importance attributed to history, authenticity, and the present in interpretation. These concepts are explored in the relationship between the score and the (...) performer, addressing the ethical challenges involved in balancing fidelity and creativity. The study of Historically Informed Performance (HIP) demonstrates how it serves as the foundation of the ethics of musical interpretation, due to its attempt to recreate the original conditions of performances. However, it is also noted that HIP embodies an overly rigid fidelity, thus requiring a more balanced approach that views musical practice as an ongoing dialogue between past and present. Finally, since the rules of musical practice are not enough for performers to interpret ethically, as they need to be internalized, the role of Aristotelian phronesis is explored as an internal guide for performers in interpretative practice. Phronesis aids the performer in mediating between past and present and in making interpretative decisions that are both ethically and musically appropriate. (shrink)

Friedrich Albert Lange was a neo-Kantian and a socialist. Scholars have questioned whether there is a connection between these two aspects of Lange’s work. The paper argues that such a connection is apparent once Lange’s philosophy is understood in light of Schiller’s Kantianism. According to Lange, Schiller’s aesthetic redemption consists of two tasks: to create the beautiful image of an ideal reality; and to realize this ideal model in the actual world. Accordingly, I show that Lange’s political analysis points to (...) three different types of social evolution: 1) one corresponding to the natural state of humanity, based on Darwin’s and Malthus’s concept of the struggle for survival; 2) one corresponding to ideal evolution, in which all human beings achieve full development of their talents (first task of the esthetic redemption); 3) one corresponding to the actual realization of this ideal, in which human beings advance step by step thanks to social experimentation and the resulting progress in knowledge (second task of esthetic redemption). (shrink)

This article is about the terms used in the works traditionally ascribed to Alexander of Aphrodisias to mean the process of abstraction through which intellect separates form and matter. The passages are studied in order to identify what nouns and verbs are used. Since in two works of dubious authorship aphaireô and aphairesis are found, the usage of these terms in the works that can be ascribed with certainty to Alexander is studied. The results obtained are examined in the light (...) of the hypotheses about the authorship and chronology of the cited works formulated by scholars so far. (shrink)

Medical complicity in torture is prohibited by international law and codes of professional ethics. But in the many countries in which torture is common, doctors frequently are expected to assist unethical acts that they are unable to prevent. Sometimes these doctors face a dilemma: they are asked to provide diagnoses or treatments that respond to genuine health needs but that also make further torture more likely or more effective. The duty to avoid complicity in torture then comes into conflict with (...) the doctor’s duty to care for patients. Sometimes the right thing for a doctor to do requires complicity in torture. Whether this is the case depends on: the expected consequences of the doctor’s actions; the wishes of the patient; and the extent of the doctor’s complicity with wrongdoing. Medical associations can support physicians who face this dilemma while maintaining a commitment to clear principles denouncing torture. (shrink)

After initially emerging in China, the coronavirus (COVID-19) outbreak has advanced rapidly. The World Health Organization (WHO) has recently declared it a pandemic, with Europe becoming its new epicentre. Italy has so far been the most severely hit European country and demand for critical care in the northern region currently exceeds its supply. This raises significant ethical concerns, among which is the allocation of scarce resources. Professionals are considering the prioritisation of patients most likely to survive over those with remote (...) chances, and this news has triggered an intense debate about the right of every individual to access healthcare. The proposed analysis suggests that the national emergency framework in which prioritisation criteria are currently enforced should not lead us to perceive scarce resources allocation as something new. From an ethical perspective, the novelty of the current emergency is not grounded in the devastating effects of scarce resources allocation, which is rife in recent and present clinical practice. Rather, it has to do with the extraordinarily high number of people who find themselves personally affected by the implications of scarce resources allocation and who suddenly realise that the principle of ‘equals should be treated equally’ may no longer be applicable. Along with the need to allocate appropriate additional financial resources to support the healthcare system, and thus to mitigate the scarcity of resources, the analysis insists on the relevance of a medical ethics perspective that does not place the burden of care and choice solely on physicians. (shrink)

Torture is unethical and usually counterproductive. It is prohibited by international and national laws. Yet it persists: according to Amnesty International, torture is widespread in more than a third of countries. Physicians and other medical professionals are frequently asked to assist with torture. -/- Medical complicity in torture, like other forms of involvement, is prohibited both by international law and by codes of professional ethics. However, when the victims of torture are also patients in need of treatment, doctors can find (...) themselves torn. To accede to the requests of the torturers may entail assisting or condoning terrible acts. But to refuse care to someone in medical need may seem like abandoning a patient and thereby fail to exhibit the beneficence expected of physicians. -/- In this paper, we argue that this dilemma is real and that sometimes the right thing for a doctor to do, overall, is to be complicit in torture. Though complicity in a wrongful act is itself prima facie wrongful, this judgment may be outweighed by other factors. We propose three criteria for analyzing how those factors apply to particular cases of medical complicity in torture. (shrink)

The current situation around COVID-19 portrays a threat to us in several ways: It imposes uncertainty, a lack of control and reminds us of our own mortality. People around the world have reacted to these threats in seemingly unrelated ways: From stockpiling yeast and toilet paper to favoring nationalist ideas or endorsing conspiratorial beliefs. According to the General Process Model of Threat and Defense the confrontation with a threat - a discrepant experience - makes humans react with both proximal and (...) distal threat responses. While the proximal response manifests in behavioral inhibition that leads to heightened anxious arousal and vigilance, distal responses seek to lower behavioral inhibition and the associated state of anxiety and vigilance through engaging in distal defenses. In the present research, we propose that the reactions to COVID-19 may represent distal defense strategies to the pandemic (in the form of environmental or group related worldview defenses) and therefore can be explained and forecasted by the model. Thus we hypothesized increased perceived COVID-19 threat perception to lead to a proximal threat response in the form of heightened behavioral inhibition. This, in return, should enhance the use of distal defenses (i.e.: several ingroup biases, system justification and conspiratorial beliefs) overlapping with the reactions observed as a response to COVID-19. This hypothesized mediated effect of increased perceived COVID-19 threat on distal defenses was tested in two pre-registered studies: In Study 1 (N = 358) results showed perceived COVID-19 threat to be related to behavioral inhibition and in turn to be associated with increased distal defenses (i.e., higher entitativity, control restoration motivation, passive party support). In Study 2 (N = 348) we manipulated COVID-19 threat salience and found results suggesting the distal defenses of system justification and conspiratorial beliefs to be mediated by the proximal threat response. The results of the present research hint towards a common mechanism through which the seemingly unrelated reactions to COVID-19 can be explained. The results might help to predict future behavior during the COVID-19 pandemic and design measures to counteract detrimental effects of the pandemic. (shrink)

Whereas “professional vision” has been mostly analyzed in apprenticeship and other settings where knowledge is made explicit or reflected upon, I focus on how expertise tacitly plays out in task-oriented interaction among practitioners. The paper considers orientation both to the coworker’s and one’s own expertise in the collaborative accomplishment of airport security work. I show how screeners recruit action from colleagues in largely underspecified ways, based on shared access to the visibility field and expected professional vision. Requesting is tacitly accomplished (...) via “highlighting,” which also accounts for one’s request. Accepting is silently achieved via locomotion, which also serves as a display of understanding. Embodied action is systematically preferred to verbal one. Talk is employed in larger proportions when the domain of scrutiny is not equally accessible to interactants, and when “face-work” is required. (shrink)

In the philosophy of science and epistemology literature, robustness analysis has become an umbrella term that refers to a variety of strategies. One of the main purposes of this paper is to argue that different strategies rely on different criteria for justifications. More specifically, I will claim that: i) robustness analysis differs from de-idealization even though the two concepts have often been conflated in the literature; ii) the comparison of different model frameworks requires different justifications than the comparison of models (...) that differ only for the assumption under test; iii) the replacement of specific assumptions with different ones can encounter specific difficulties in scientific practice. These claims will be supported by a case study in population ecology and a case study in geographical economics. (shrink)

Il saggio descrive e analizza la teoria della rappresentazionalità presentata da Kendall Walton in Mimesi come far finta. Le rappresentazioni sono supporti atti a suscitare un far finta che si esplica come un immaginare proposizionale: ecco la tesi dell’autore. I caratteri di tale far finta, la dinamica della partecipazione, la distinzione tra figuralità e verbalità, e il problema delle entità fittizie, sono i punti cardine della proposta waltoniana. La questione dell’esperienza, e la sua possibile, originaria, tematizzazione estetica; il tema del (...) rapporto tra emozioni fittizie e reali; e la maniera specifica in cui l’autore intende la mimesi della rappresentazione, sono, in particolare, gli aspetti che il saggio problematizza più estesamente. The essay is intended to describe while analyzing the theory of representationality as presented by Kendall Walton in Mimesis as Make-Believe. Representations are mediums leading to provoke a make-believe – its kind building up as propositional acts of imagination: such the thesis that the author asserts. Features of this make-believe, the dynamics of participation, the distinction between figurality and verbality, the problem of fictional entities, those are the nodal joints of the waltonian proposal. The question of experience – and its possible, originary, aesthetical thematization, the thematization of the relation between fictional and real emotions, and the specific sense in which the author draws the mimesis proper to representation: such the aspects which the present essay is mostly concerned with. (shrink)