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- Burden of Innocence | brownjppe
The Burden of Innocence: Arendt’s Understanding of Totalitarianism through its Victims Elena Muglia Author Emerson Rhodes Meruka Vyas Editors Hannah Arendt set out to describe an ideology and government that burst past understandings of politics, morality, and the law asunder. In Origins of Totalitarianism , Arendt argues that totalitarianism could not fit into previous political typologies. Instead, it navigates between definitions of political regimes like tyranny and authoritarianism, as well as distinctions historically made between lawlessness and lawfulness, arbitrary and legitimate power. Even then, Arendt holds on to the idea that totalitarianism can be described and analyzed despite escaping traditional understanding as a political ideology and system. In the preface of the first edition, Arendt expresses this hope, writing that Origins was: “Written out of the conviction that it should be possible to discover the hidden mechanics by which all traditional elements of our political and spiritual world were dissolved into a conglomeration where everything seems to have lost specific value and has become unrecognizable for human comprehension, unusable for human purpose.” One of the traditional elements of our “political and spiritual” world that she inquires about are questions of innocence, guilt, and responsibility. How can these concepts, which have both moral and legal implications, be applied and understood in the case of Nazi Germany, a regime void of morality and legality? Many political theorists have explored Arendt’s understanding of guilt in her report Eichmann in Jerusalem . In the report, Arendt utilizes Adolf Eichmann’s case—a Nazi Party official who helped carry out the Final Solution—to provide a concrete example of someone who is guilty but does not fit traditional understandings of what is required to be criminally guilty. Alan Norrie points out that Arendt exposes the tension between Eichmann’s lack of criminal intent, mens rea , and his criminal and evil actions (Norrie 2008. 202). The totality of totalitarianism complicates his criminal guilt, as Nazi Germany rendered every member of society complicit in its crimes. To unpack this complex nexus of guilt and responsibility, Iris Young looks at two of Arendt’s essays; “Organized Guilt and Universal Responsibility” and “Collective Responsibility” (Young 2011, 90). Young outlines how Arendt understands guilt as centered on the self, while responsibility implies a relationship with the world and membership in a political community (Young 2011, 78). Guilt arises from an objective consequence of somebody’s actions (Young 2011, 79) and is not a product of someone’s subjective state. With this understanding, everybody in Nazi Germany was responsible (irrespective of whether they took up political responsibility), but not everybody was guilty. Those who acted publicly against the Nazi Regime, like the Scholl siblings, took up political responsibility in a positive sense (Young 2011, 91). Richard Bernstein, who also discusses Eichmann, shares this understanding with Young—Eichmann is criminally guilty, but bystanders are not. Bernstein, however, elucidates that the bystanders’ responsibility is imperative to understand because their complicity was an “essential condition for carrying out the Final Solution” (Bernstein 1999, 165). By focusing on the areas of guilt and responsibility and primarily looking at Eichmann, however, these scholars leave a theoretical gap in understanding the relationship between the victims—the stateless and Jewish people for Nazi Germany—and totalitarian ideology. These groups lack political responsibility within the totalitarian system because their innocence implies a separation from the world and a political community. In her essay “Collective Responsibility,” Arendt notes that the twentieth century has created a category of men who “cannot be held politically responsible for anything” and are “absolutely innocent.” The innocence of these victims and their apoliticality strikes at the heart of why Arendt postulates that totalitarian ideology and terror constitute a novel form of government—“[it] differs essentially from other forms of political oppression known to us such as despotism, tyranny and dictatorship.” Totalitarianism targets victims en masse , but their status as victims is not based on any action they take against the regime. While Norrie, Young, and Bernstein all address that Arendt thinks that any “traditional” conception of the relationship between law and justice cannot be applied to totalitarianism directly, by focusing primarily on Eichmann, they are missing and understanding of a group of people that allowed totalitarianism to explode these notions. By tracking and parsing through Arendt’s understanding of the innocents and innocence in Origins of Totalitarianism and placing it in conversation with her understanding of action in The Human Condition, I elaborate on the unique and lack thereof, political relationship between totalitarian ideology and the innocents. I argue that the condition of innocence of the victims represents the essence of totalitarianism’s unique form of oppression and negation of the human condition. The positioning of the innocents in a totalitarian society acts as a lens for how totalitarianism aims to reshape traditional notions of political, moral, and legal personhood. I demonstrate this by first outlining what created fertile ground in the 20th century for the condition of rightlessness of the innocents. Second, I highlight how the targeting of innocents in concentration camps lies at the heart of totalitarianism’s destruction of the juridical person—someone who is judged based on their actions. Third, I argue that by bending any notions of justice, totalitarianism destroys the moral person, a destruction that is best expressed in the innocents’ lack of internal freedom. Finally, I argue that all these components entail severing the victims from a world where they can appear and be recognized as humans. Overall, I contend that while many of the techniques unleashed on the innocents apply, to an extent, to everyone under totalitarianism, including people like Eichmann, the innocents represent the full realization of totalitarianism’ attempt to alter the essence of a political and acting person. To understand how totalitarian regimes created a mass of ‘superfluous’ people who existed outside the political realm, it is first necessary to highlight what conditions Arendt thinks sowed fertile ground for totalitarian domination and terror in the first place. A crucial condition is rooted in the failures of the nation-state in dealing with the new category of stateless people in the interwar period in Europe. Following WWI, multiethnic empires, like the Austro-Hungarian and Ottoman empires, dissolved, which led Europe to resort to the familiar nation-state principle—presuming that each nationality should establish its state. As Ayten Gundogdu writes, “the unquestioning application of this principle turned all those who were ‘ejected from the old trinity of state-people-territory’ into exceptions to the norm” (Gundogdu 2014, 31). These exceptions to the norm, as were Jewish people, could not be repatriated anywhere because they did not have a nation. Instead of integrating these minorities and making them fully-fledged political members, policies like Minority Treaties codified minorities as exceptions to the law. The massive scale of refugees that existed outside a political community left a set of people without any protections apart from the ones that the state gave out of their own prerogative and charitable actions. This stateless crisis crystallized, for Arendt, the aporia of human rights—even though human rights guarantee universal rights, irrespective of any social and political category, they are enforced based on political membership. Human rights end up being the rights of citizens, leading the stateless to a condition of “absolute rightlessness.” This condition of rightlessness does not entail the loss of singular rights—just like the law temporarily deprives a criminal of the right to freedom—but a deprivation of what Arendt calls the right to have rights. Defined by Arendt as a right to live “in a framework where one is judged by one’s actions and opinions.” Instead of being judged based on actions or opinions, the stateless are judged based on belonging to a group outside the nation. This innocence, an inability to be judged based on one’s deeds and words, is the defining mark of the statelessness’ loss of a “political status” (Arendt 1951, 386), which primes these groups of people for the particular form of oppression that totalitarianism entails. While the stateless and their condition of rightlessness was constructed even before Nazi Germany, the existence and the continuous creation of a mass of innocents lies at the core of the raison d’étre of totalitarian politics. According to Arendt, totalitarianism operates based on a law of Nature and History, which has “mankind” as an end product, an “‘Aryan’ world empire” for Hitler. Mankind becomes the “embodiment” of law and justice. Jewish people, under Nazi Germany, are portrayed as the “objective enemy” halting nature’s progression, whereby every stage of terror is seen as a further development that is closer to achieving the development of the ultimate human. This continuous need to follow a Darwinian law of nature leads Arendt to define one of totalitarianism’ defining features as the law of movement: the only way that totalitarian regimes can justify their existence, expansion, and domination, and it relies almost entirely on the group of innocents. The innocents are crucial components of the concentration camps because they are placed there alongside criminals who have committed an action. If they only targeted “criminals” or those that committed particular actions, the Nazi party would have scant logic to fulfill its law of movement. The “innocents” are “both qualitatively and quantitatively the most essential category of the camp population.” in the sense that they exist in an “enormous” capacity and will always be present in society. Totalitarianism relies on innocents because their existence removes any “calculable punishment for definite offenses.” Totalitarian politics aim, eventually, to turn everyone into an innocent mass that could be targeted, not because of their actions, but their existence. Even criminals were often sent to concentration camps only after they had completed their prison sentences, meaning they were going there not because of their criminal activity but rather arbitrarily, sacrificing a mass in favor of the laws of history and nature. The condition of rightlessness combined with total domination, exerted through the concentration camps, obliterates the juridical person for all the victims of totalitarianism. The juridical person is the foundation of modern understandings of law, constituting a person who bears rights and can exercise rights and who, in derogation of the law, faces proportional and predictable consequences. By destroying the juridical person and turning its victims into a mass of people who exist outside any legal framework and logic, totalitarianism operates beyond any previously conceived notions of justice. As Arendt explains: “The one thing that cannot be reproduced [in a totalitarian regime] is what made the traditional conceptions of Hell tolerable to man: the Last Judgment, the idea of an absolute standard of justice combined with the infinite possibility of grace. For in the human estimation, there is no crime and no sin commensurable with the everlasting torments of Hell. Hence the discomfiture of common sense, which asks: What crime must these people have committed in order to suffer so inhumanly? Hence also the absolute innocence of the victims: no man ever deserved this. Hence finally the grotesque haphazardness with which concentration camp victims were chosen in the perfected terror state: such punishment can, with equal justice and injustice, be inflicted on anyone .” By “traditional conceptions of Hell” tolerable to man, Arendt means a Hell where every individual will be judged based on their actions and nothing else on the day of the Last Judgment. Totalitarianism shatters this idea and any existence of an “absolute standard of justice” through the concentration camps, which creates Hell on earth but without any rightful last judgment. Even more importantly, because of these innocents and the arbitrariness and “haphazardness” of the way they are chosen, Arendt explains that state punishment can be “inflicted on anyone.” A tyranny targets the opponents of a regime or anyone who causes disorder, but totalitarianism cannot be understood through such a utilitarian lens. As Arendt points out in various places in Origins , without understanding totalitarianism’ “anti-utilitarian behavior.” it is difficult and impossible to understand its use in targeting people who commit no specific action against the regime. Concentration camps and terror materialize the law of movement like positive law materializes notions of justice in lawful governments. The guilty are innocents who stand in the way of movement. Totalitarianism does not only operate outside any traditional forms of legality and juridical personhood but also transcends any understanding of morality—the moral person is destroyed just as the juridical one is; and this is, once again, fully expressed through the treatment of innocents who become the ideal subject of totalitarianism. The ideal subject of totalitarianism lacks both internal and external freedom—which is precisely what is imposed on the victims. A lack of internal freedom implies an inability to distinguish right and wrong. As Arendt explains, “totalitarian terror,” in the concentration camps, achieves triumph when it cuts the moral person from “the individualist escape and in making the decisions of conscience questionable and equivocal.” The Nazi Regime achieved this by asking the innocent to make impossible decisions that involved balancing their own life and the ones of their families. This often involved a blurring of “the murderer and his victim.” by involving even the concentration camp inmates in the operations of the camp. Concerning this, Robert Braun talks about Primo Levi’s discussion of the complicated victim—explaining that those who survived the concentration camps are always seen as suspect because of these blurred lines (Braun 1994, 186). Arendt has a parallel opinion to Levi that focuses more on those victim’s subjective state, explaining that when they return to the “word of the living,” they are “assailed by doubts” regarding their truthfulness. The innocents represent the perfect totalitarian subject as their doubts represent an inability to distinguish between truth and falsehood, which Arendt describes as the “standards of thought.” What is most striking about the destabilization of conscience is that it results in an inability to a freezing effect and an inability to act. As Arendt explains, “Through the creation of conditions under which conscience ceases to be adequate and to do good becomes utterly impossible, the consciously organized complicity of all men in the crimes of totalitarian regimes is extended to the victims and thus made really total.” Regardless of what “good” entails, doing it entails committing an action that is for others. Doing good can be understood as analogous to how Young interprets Arendt’s understanding of political responsibility… further explaining how the victims are left to a condition of non-responsibility through their inability to both distinguish what is right and wrong, and act on it. The erasure of “acting” in totalitarianism gains new meaning, or rather a more comprehensive explanation, when looking at Arendt’s discussion of acting in The Human Condition. Arendt’s work in The Human Condition illuminates the full extent of why acting becomes impossible under totalitarianism, especially for its victims. As Nica Siegel explains, an essential aspect of her understanding of action in The Human Condition is the spatialized logic that grounds action in a space where one can “reveal their unique personal identities and make their appearance in the world.” Only in this way can an action take place as it has a “who”—a unique author—at its root, and thus has the potential to create new beginnings. With this understanding, totalitarianism is the antithesis of action for everyone, to an extent, but completely for the innocent. Totalitarianism removes their space to act internally—through the destruction of conscience explained in the previous section—and externally—removing any place to appear publicly. The innocent are removed from the rest simply by being in the concentration camps, isolated from everyone else but also from one another. This means that totalitarianism, in practice, removes any source and space for spontaneity. Arendt defines spontaneity in Origins almost identically to how she defines action in The Human Condition , saying that spontaneity is “man’s power to begin something new out of his resources, something that cannot be explained on the basis of reactions to environment or events.” This condition of the innocent also illuminates why creating new and making a political statement is impossible under totalitarianism. As Arendt explains, “no activity can become excellent if the world does not provide a proper space for its exercise.” As with many other tactics in totalitarianism, this lack of excellence and new beginnings is rooted in the fate of the innocents. Nobody’s actions can “become excellent” if they face the same consequences of the concentration camp as the mass of those who commit no action. This is why under totalitarianism, “martyrdom” becomes “impossible.” Just as totalitarianism assimilates criminals with innocents in their punishment, political actors are also assimilated to this category, as they are “deprived of the protective distinction that comes of their having done something,” just as the innocents are. What totalitarianism does to its victims is, therefore, a symptom of its wider perversion of human individuality and action in general. Even perpetrators like Eichmann lose their sense of individuality—A.J. Vetlesen has described the phenomenon as a double dehumanization between the victims and the perpetrator Every bureaucrat in Nazi Germany was replaceable and totalitarianism made them feel, paradoxically, “subjectively innocent,” in the sense that they do not feel responsible for their actions “because they do not really murder but execute a death sentence pronounced by some higher tribunal.” Jalusic argues that both aspects of humanization have in common, the “loss of the human condition.”, but what Jalusic misses is that Vetlesen, by arguing that it is the persecutors that dehumanize themselves to avoid personal responsibility and alienate themselves from their actions—thus going against the cog in the machine theory. The perpetrators retain a level of agency that is ultimately denied to the victims. The victims do not alienate themselves from their actions, as they cannot act in the first place. When Nazi officials send victims to the concentration camp, they lose any ability to appear and thus face a loss of the human condition, as Arendt describes in The Human Condition, “A life without speech and without action, on the other hand-and this is the only way of life that in earnest has renounced all appearance and all vanity in the biblical sense of the word-is, literally dead to the world; it has ceased to be a human life because it is no longer lived among men” The emphasis she places on action as being an essential part of living “among men” explains why, according to her, totalitarianism, unlike other forms of oppressive governments, transforms “human nature itself.” While she uses the term “human nature,” she makes a strict distinction between human nature and condition in The Human Condition , arguing that it is impossible for us to understand human nature without resorting to God or a deity. Even in Origins , when talking about human nature, she criticizes those, like the positivists, who see it as something fixed and not constantly conditioned by ourselves. In light of her understanding of the human condition, I argue that Arendt means that totalitarianism undermines an essential part of the human condition, not human nature. Arendt views the human condition, as opposed to human nature, as being rooted in plurality. By plurality, she means that each individual is uniquely different but also shares a means of communication with every other individual, and thus, the ability of each individual to make themselves known and engage with one another. With this in mind, “human plurality is the basic condition for both action and speech,” as each individual can make a statement and be understood by others. The treatment of victims and their innocence as their defining factor highlights that fellow humans can distort and condition crucial aspects of our human condition in favor of laws that pretend that humans can instill justice and nature on earth. To a degree, totalitarianism subjects everyone to the conditions of “innocence” that victims face. What distinguishes the victims from other agents under totalitarianism is that they demonstrate the ability of totalitarian ideology to instill a complete condition of innocence by playing a person entirely outside any political and legal realm and, by extension, outside of mankind. Innocence under totalitarianism is not a negative condition—in the sense of not having done anything, not taking action—but it is primarily a lack of positive freedom—the ability to do something and act. Arendt’s understanding of innocence elaborates on the unique condition of superfluousness under totalitarianism. This ‘superfluousness’ is justified through a legal and political doctrine that explodes past legal and normative frameworks by being based on movement instead of stability. The law of nature is in a constant process of Darwinian development, with the superfluous innocents as the sine qua non to keep going. A lot of what happens to the innocents, as their obliteration of a space to act, does happen to everyone under totalitarianism; however, the innocents bear the full expression of totalitarianism and fight past notions of moral, political, and legal personhood. The innocents are not only cut off from this personhood but also from what Arendt thinks it means to be human, as they represent an inability to do what human beings do, which is to create beginnings through spontaneous action. The unique condition of innocence that the victims of totalitarianism face exposes totalitarianism’s own legal and political theory. The Law of Nature that Nazi Germany espouses here cannot exist without the realization of a group of innocents who prove the nihilistic idea that humans can be sacrificed for perfected mankind. As Arendt explains, the concentration camps are where the changes in “human nature are tested.” We can only understand how totalitarianism could occur by looking at this unique political erasure. The terror and fate of the innocents act as proof for everyone in the totalitarian regime that they could be next. The status of the victims also sheds lights on the inexplicable deeds that Eichmann committed, as Arendt writes that one of the few, if not only one, discernible aspects of totalitarianism is that “radical evil has emerged in connection with a system in which all men have become equally superfluous.” Totalitarianism proves that it is fellow humans who are dehumanized, albeit to a different degree, who completely sever an individual’s ties from political and legal structures meant to protect them. This conclusion and elaboration of the peculiar form of oppression and domination of totalitarianism has pressing practical and theoretical implications for modern-day politics. As Arendt explains, totalitarianism is born from modern conditions, and so looking at how modern polities can and do create superfluousness can be a thermometer for descent into totalitarianism. After all, it is important to remember that statelessness in the 20th century came before totalitarianism’s domination and terror. References Arendt, Hannah. “Collective Responsibility.” Amor Mundi: Explorations in the Faith and Thought of Hannah Arendt , edited by S. J. James W. Bernauer, Springer Netherlands, 1987, pp. 43–50. Springer Link , https://doi.org/10.1007/978-94-009-3565-5_3. ---. Eichmann in Jerusalem: A Report on the Banality of Evil . Penguin Books, 2006. ---. The Human Condition: Second Edition . Edited by Margaret Canovan and a New Foreword by Danielle Allen, University of Chicago Press. University of Chicago Press , https://press.uchicago.edu/ucp/books/book/chicago/H/bo29137972.html. Accessed 8 May 2024. ---. The Origins of Totalitarianism . 1951. Penguin Classics, 2017. Benhabib, Seyla. “Judgment and the Moral Foundations of Politics in Arendt’s Thought.” Political Theory , vol. 16, no. 1, 1988, pp. 29–51. JSTOR , https://www.jstor.org/stable/191646. Bernstein, Richard J. “Responsibility, Judging, and Evil.” Revue Internationale de Philosophie , vol. 53, no. 208 (2), 1999, pp. 155–72. JSTOR , https://www.jstor.org/stable/23955549. Braun, Robert. “The Holocaust and Problems of Historical Representation.” History and Theory , vol. 33, no. 2, May 1994, p. 172. DOI.org (Crossref) , https://doi.org/10.2307/2505383. Gundogdu, Ayten. Rightlessness in an Age of Rights . Oxford University Press, 2015. DOI.org (Crossref) , https://doi.org/10.1093/acprof:oso/9780199370412.001.0001. Jalusic, Vlasta. “Organized Innocence and Exclusion: ‘Nation-States’ in the Aftermath of War and Collective Crime.” Social Research , vol. 74, no. 4, 2007, pp. 1173–200. JSTOR , https://www.jstor.org/stable/40972045. Norrie, Alan. “Justice on the Slaughter-Bench: The Problem of War Guilt in Arendt and Jaspers.” New Criminal Law Review , vol. 11, no. 2, Apr. 2008, pp. 187–231. DOI.org (Crossref) , https://doi.org/10.1525/nclr.2008.11.2.187. Siegel, Nica. “The Roots of Crisis: Interrupting Arendt’s Radical Critique.” Theoria: A Journal of Social and Political Theory , vol. 62, no. 144, 2015, pp. 60–79. JSTOR , https://www.jstor.org/stable/24719945. Vetlesen, Arne Johan. Evil and Human Agency: Understanding Collective Evildoing . 1st ed., Cambridge University Press, 2005. DOI.org (Crossref) , https://doi.org/10.1017/CBO9780511610776. Young, Iris Marion, and Martha Nussbaum. Responsibility for Justice . Oxford University Press, 2011. DOI.org (Crossref) , https://doi.org/10.1093/acprof:oso/9780195392388.001.0001.
- The Pay Gap Among Academic Faculty for Higher Education in the U.S | brownjppe
The Pay Gap Among Academic Faculty for Higher Education in the U.S Yucheng Wang Author Aditi Bhattacharjya Jason Fu Meruka Vyas Editors Abstract This paper investigates whether academic rank, academic field, and gender account for the pay disparity in higher education in the United States. Analyzing 2,235 faculty in the University of Iowa, I find that pay gaps are primarily driven by academic rank, especially among professors and non-tenured faculty. Male assistant professors earn 23.8% more than females, while non-tenured males earn 31.6% less than females. Within identical academic ranks, there are gender pay gaps between assistant professors and non-tenured faculty. By analyzing 301 assistant professors, this paper identifies the academic field as another factor in pay discrepancies across academia, particularly among business, medical, social science, and STEM disciplines. However, gender doesn’t contribute to the pay disparity problem when faculties are under the same academic rank and field of study. Given this paper does not utilize datasets for any private institutions or colleges in other states, the paper’s findings can only be generalized to public universities in the U.S. I. Introduction In August 2023, five of Vassar’s female professors sued the college for wage discrimination against female faculties. According to the Washington Post, full-time male professors at Vassar earn an average annual salary of about $154,200, while their full-time female professors only earn $139,300. In this lawsuit, advocates for Vassar professors argued that the gender pay gap arose due to substantial differences in starting salaries. In academia, there exists a merit rating system biased against females, alongside a discriminatory promotion process that systematically prevents or delays the advancement of female professors compared to males. This gender bias and stark compensation difference between male and female faculty members does not only happen at Vassar College. The American Association of University Professors (AAUP) finds that full-time women professors make up 82% of what their male colleagues earn across academia. Recent lawsuits in Vassar have alleged wage discrimination against female professors, raising questions about the presence of the gender pay gap in academia across the United States. The College and University Professional Association for Human Resources has discovered persistent pay disparities for females in staff and faculty positions at colleges and universities across the United States. Academic researchers and policymakers hypothesize that the gender gap in earnings persists because it is hidden intentionally (Trotter et al., 2017). Given that limited research focuses on the gender pay gap for higher education in the United States, this paper aims to provide evidence of how male and female academic faculties differ in their earnings at colleges or universities in the United States. Moreover, this paper also investigates non-gendered factors contributing to the pay gap in academia across the United States like academic rank and field. Using the University of Iowa as its primary data source, this paper examines whether academic rank, academic field, and gender account for the pay disparity for higher education in the United States. Motivated by Koedel and Pham’s research in 2023, I categorize determinants of salary disparity into two areas: conditional gaps and unconditional gaps. Since compensation differences can be explained partially by the level of faculty’s skills and contributions, the conditional gaps include academic rank and academic field. The remaining unexplained portion of the pay gap falls under the unconditional gap like gender. Faculties with higher seniority typically take more responsibility in teaching and administrative tasks, have more years of experience, and potentially make more substantial contributions to research. Therefore, academic rank has the most significant impact on pay disparity in academia. Besides academic rank, the academic field is the second most influential factor. As some academic fields like medicine or business are historically more prestigious or better funded for research, it leads to a greater pay discrepancy when faculty members have identical academic ranks. As a result, I hypothesize that gender is the least influential factor in the pay gap problem. II. Background President Obama proposed the White House Equal Pay Pledge in 2016 to narrow the gender wage gap across the United States. Following Obama’s campaign, academic institutions formed new committees and commissions on college campuses to address the gender pay inequality problems. For instance, Louisiana State University established the Council on Gender Equity to emphasize gender pay equality. However, research still shows a persistent gender pay gap among university faculty across the United States. AAUP finds that a full-time female professor earned roughly $82 for every $100 a full-time male professor earned in 2023. This compensation difference between male and female full-time professors raises questions about the existence of a gender pay gap for higher education in the United States. Does pay depend on the skills and contributions of males and females equally, or does bias result in differential salary solely based on the individual's gender? From the late 1980s to the mid 2010s, previous research indicates that the gender pay gap, a form of unconditional gap, accounts for 20% of wage difference at research universities (Koedel & Pham, 2023). Besides the unconditional gap, the conditional gap contains the unexplained portion of the pay gap in academia. The conditional gap is typically associated with the academic field, years in the position, and peer performance evaluations. In contrast to the unconditional gap, the conditional gap only accounts for 4% to 6% of wage difference, or 20% to 30% of the unconditional gap (Li & Koedel, 2017). Given that the unconditional gender pay gap is almost three to five times bigger than the conditional gap, this sizable difference underscores the substantial influence of gender on salaries within academia. Furthermore, this finding also suggests that the pay gap in academia is more closely tied to gender-based disparities than to intellectual or performance measurements. III. Data My main estimates are based on an analysis of data from the Iowa Legislature for the University of Iowa in 2022. This annual census survey collects data on full-time and part-time teaching and administrative staff at degree-granting public universities and their affiliated colleges in Iowa State from July 1 to June 30 of the following year. The survey covers 14,295 employees in the University of Iowa, including administrative and support staff, librarians, all full-time tenure track faculties, part-time affiliated staff, adjunct staff, clinical staff in teaching hospitals, visiting scholars, and research staff who have academic ranks and salaries similar to teaching staff, for all those whose term of appointment is not less than 12 months. The main objective of this paper is to examine how male and female academic faculties differ in their earnings at universities or colleges in the United States. Thus, this dataset excludes clinical staff, visiting scholars, research staff, teaching assistants, administrative and support staff, and librarians. Since the Iowa Legislature mandates that state employees participate in the annual census survey, confidential pay information is obtained directly from the Department of Administrative Services without additional verification or editing. As the publicly available salary data is directly obtained from this State Employee Salary Book, the accuracy of data and publicly accessible features make the University of Iowa an ideal choice for this paper. Data about demographics, qualification data, and salaries were collected for all tenured, tenure-track, and non-tenured track faculty. Demographic data include each faculty member’s gender and county information. Qualification data include each faculty member’s academic rank and academic field. The salary data is directly obtained from the Iowa State Employee Salary Book payroll records. A limitation of the Iowa Legislature database is the generalizability problem. The database only includes state-funded public universities like the University of Iowa, Iowa State University, and the University of Northern Iowa. Other private universities or liberal arts colleges are not included in the Iowa Legislature database due to confidentiality concerns regarding wage information. This restriction poses a significant challenge in drawing broader conclusions about pay disparities across all public or private institutions in the United States. IV. Methods Given that the range of faculty’s wages varies from $1,000 to $1,685,834, this paper uses a log specification for salary to normalize the scales of the variables to make it less prone to outliers. To examine whether the faculty’s academic rank correlates with the pay gap, I analyzed 2,235 faculty members among tenured, tenure track, and non-tenured track at the University of Iowa for 2022. Tenured faculty typically secure lifetime professor employment after a six-year probationary period. Tenure track faculty hold positions as Associate Professor or Assistant Professor and are currently in the promotion and evaluation process towards attaining the status of tenured full professor. All faculties besides tenured or tenure track are classified as nontenured track faculties. The tenured faculties include 496 employees as full-time professors. The tenured track includes 415 employees as full-time associate professors or assistant professors. The non-tenured track includes 1,324 employees as part-time Adjunct staff, Professors of Instruction, Professors of Practice, and Lecturers. The general regression model is represented as follows: log Salary= β1AssociateProfessor + β2NonTenured + β3Professor + β4Male + β5AssociateProfessor Male + β6NonTenured Male + β7Professor Male + α + ε where Male is an indicator variable that equals 1 if the assistant professor is a male and 0 if not. AssociateProfessor, Professor, and NonTenured are indicator variables that equal 1 if the faculty member is associate professor, professor, or non-tenured track accordingly, and 0 if not. To test for differential returns for ranking by sex, I include three interaction variables: AssociateProfessor Male, Professor Male, and NonTenured * Male. These interaction variables are equal to 1 if the faculty member is a male assistant professor, male professor, or male in a non-tenured track accordingly, and 0 otherwise. To testify whether the faculty’s academic field correlates with the pay gap, I controlled the academic rank effect and analyzed 301 assistant professors at the University of Iowa for 2022. Faculties are sampled from six academic disciplines: art, business, humanities, medicine, social science, and STEM (Science, Technology, Engineering, and Mathematics). Once a discipline was selected for sampling, all assistant professors listed on the department website were included in the dataset. The Arts discipline includes 22 assistant professors from the Arts Division in the College of Liberal Arts and Sciences. The Humanity discipline includes 21 assistant professors from the Humanities Division at the College of Liberal Arts and Sciences. The STEM discipline includes 61 assistant professors from the College of Engineering and Natural and Mathematical Sciences Division in the College of Liberal Arts and Sciences. The Social Sciences discipline includes 41 assistant professors from the Social Sciences Division in the College of Liberal Arts and Sciences and College of Education. The Business discipline includes 23 assistant professors belonging to the College of Business. The Medical discipline includes 133 assistant professors from the College of Medicine, Dentistry, and Nursing. The general regression model is represented as follows: log Salary= β1Business + β2Humanity + β3Medical + β4SocialScience + β5STEM + β6Male + β7Business Male + β8Humanity Male + β9Medical Male + β10SocialScience Male + β11STEM Male + α + ε where Male is an indicator variable that equals 1 if the assistant professor in the arts field is male and 0 otherwise. Business, Humanity, Medical, SocialScience, and STEM are indicator variables that equal 1 if the faculty member is business, humanity, medical, social science, or STEM accordingly, and 0 if not. To test for differential returns for the academic field by sex, I include five interaction variables: Business Male, Humanity Male, Medical Male, SocialScience Male, and STEM * Male. These interaction variables are equal to 1 if the assistant professor is a male in business, humanity, medical, social science, or STEM, and 0 otherwise. V. Results V.a.1 Academic Rank on Salary AAUP finds that the average annual salary in 2021 for assistant professors, associate professors, and professors was about $83,300, $96,000, and $140,500 respectively. Professors typically have more years of experience and research grants, so they tend to have higher salaries than associate professors or assistant professors. From this result, I hypothesize that academic rank correlates with pay disparity in academia. To test my hypothesis, the regression in Table 1 compared each faculty member’s salary based on their academic rank, with the expectation that professors have the highest wages compared to associate professors, assistant professors, and non-tenured track faculties. The non-tenured track faculty in my dataset consists of adjunct staff, lecturers, Professors of Instruction, and Professors of Practice. In the University of Iowa, the Professor of Instruction and Professor of Practice are instructional faculty solely responsible for teaching and not involved in administrative duties. Since the hiring criteria for instructional faculty is less rigorous in terms of research and scholarship requirements as compared to those for tenured or tenure track faculty, instructional faculty tend to receive lower compensation. In this regression, the adjusted R2 is 54.8%, which is consistent with my hypothesis that academic rank accounts for salary disparity. The β1, β2, and β3 coefficients indicate relative salary differences for female associate professors, non-tenured track faculties, and professors compared to female assistant professors. Because of higher ranks, the predicted signs for β1 and β3 coefficients are positive, suggesting that female associate professors or professors receive higher salaries compared to female assistant professors. However, the β1 coefficient is negative and not statistically significant at 0.01 level, suggesting pay is not increasing for associate professors. The β3 coefficient is positive and suggests that female Professors earn relatively 26.3% higher than female assistant professors. Since non-tenured track faculties are part-time basis or instructional faculty, they receive lower compensation than their tenured or tenure track colleagues. Thus, the predicted sign for β2 is negative. The β2 coefficient is negative and suggests female non-tenured track faculty earn relatively 173.7% less than female assistant professors. Given both Professor and NonTenure variables are economically significant and statistically significant at 0.01 level, I conclude that academic rank accounts for wage discrepancies only in the professor and non-tenured track faculty levels. V.a.2 Gender Effect on Salary Within Same Academic Rank AAUP found that full-time women professors earned 82 cents for every dollar their male counterparts earned in 2023. This compensation disparity motivated me to investigate whether gender influences salary within identical academic rank conditions. In Figure 1, male faculty members earn much more than their female counterparts under professors, associate professors, and assistant professors levels. However, female non-tenured faculty members receive higher salaries than their male colleagues. Therefore, within the same academic rank, I hypothesize that gender accounts for pay discrepancy. To test my hypothesis, the regression in Table 1 compares each faculty member’s salary based on their gender when they have identical academic ranks. The β4, β5, β6, and β7 coefficients indicate relative salary differences for male assistant professors, associate professors, non-tenured track faculties, and professors compared to their female counterparts under the same academic rank condition. I expect males to earn less at the non-tenured level while earning more at the professor, associate professor, or assistant professor level. The predicted sign for β6 is negative while β4, β5, and β7 are positive. However, both β5 and β7 coefficients are not statistically significant at 0.01 level, suggesting that the pay gap for the associate professor and professor level cannot be explained by gender reasons. In contrast, the β4 coefficient is positive and suggests that male Assistant Professor earns relatively 23.8% higher than female assistant professors. The β6 coefficient is negative and suggests that male non-tenured track faculties earn relatively 31.6% less than female non-tenured track faculties. Since both Male and NonTenure * Male variables are economically significant and statistically significant at 0.01 level. I conclude that gender bias accounts for wage disparity only in assistant professor and non-tenured levels when both female and male faculty have identical academic ranks. V.b.1 Academic Field on Salary Within the Same Academic Rank Under the same academic rank, is gender the sole factor contributing to the wage disparity at the University of Iowa? Previous research suggests that academic rank and academic field account for 4% to 6% of wage difference in academia (Li & Koedel, 2017). To examine whether the academic field impacts wage differences, I analyzed 301 assistant professors across six academic departments at the University of Iowa in 2022. The regression in Table 2 compared each assistant professor’s salary based on their academic field. I anticipate that medical, business, and STEM assistant professors will have the highest wages relative to other disciplines. Professions like doctors, investment bankers, and software engineers are known for their lucrative salaries. As a result, students are more likely to declare majors in medical, business, or STEM subjects. To meet the growing demand for these majors while providing a more robust academic curriculum, universities, and liberal arts colleges offer competitive salaries to attract top-tier talent for teaching positions. Therefore, I hypothesize that the academic field accounts for wage discrepancy at the assistant professor level. In this regression, the adjusted R2 is 32.9%, which is consistent with my hypothesis that the academic field accounts for salary disparity. The β1, β2, β3, β4, and β5 coefficients indicate relative salary differences for female assistant professors in business, humanity, medicine, social science, and STEM compared to the female assistant professors in the arts field. Since the business, medical, and STEM fields provide lucrative salaries, the predicted signs and values for β1, β3, and β5 are positive and mathematically larger. It suggests that female assistant professors in business, medicine, or STEM receive higher salaries than those in the art department. Since the β2 coefficient is slightly positive and not statistically significant at 0.01 level, it suggests the salary difference for female assistant professors between humanities and art disciplines is negligible. In contrast, the β1, β3, β4, and β5 coefficients are positive, which suggests that female assistant professors in the business, medical, social science, and STEM fields earn a relatively higher proportion of salaries than those in the art department. Given that the β1, β3, β4, and β5 coefficients are positive and statistically significant at the 0.01 level, I conclude that the academic field accounts for wage disparity for assistant professors in business, medical, social science, and STEM disciplines. V.b.2 Gender Effect on Salary Within Same Academic Rank and Field In Figure 2, I observed the average annual salary between male and female assistant professors separately within the Arts, Business, Humanity, Medical, Social Science, and STEM fields at the University of Iowa in 2022. Within the same academic field, the greatest gender gap is $110,510 in the Medical department while the smallest is only $558 in the Humanities department. Given that the gender pay gap exists among all six departments, I hypothesize that gender accounts for pay disparity when female and male assistant professors are within the same academic field. To test my hypothesis, the regression in Table 2 compared each assistant professor’s salary based on their gender when they are in the same academic discipline. The β6, β7, β8, β9, β10, and β11 coefficients indicate relative salary differences for male assistant professors in Arts, Business, Humanity, Medical, Social Science, and STEM compared to their female assistant professors under the same academic field condition. Since the β6, β7, β8, β10, and β11 coefficients are economically insignificant at the 0.1 level and statistically insignificant at the 0.01 level, I find that there is not any gender pay gap under the assistant professor level within the Arts, Business, Humanity, Social Science, and STEM departments. However, the β9 coefficient suggests the relative salary difference for male assistant professors is 32.4% higher than for female assistant professors within the medical field. As the β9 coefficient is economically significant at 0.1 level while statistically insignificant at 0.01 level, I identify that there is no gender pay gap under the assistant professor level within the medical field. In sum, gender does not account for wage disparity at the assistant professor level within the same department condition. V.b.3 Gender Effects for Assistant Professor in Medical Field Previous research suggests that women may encounter greater pay inequality in which they are underrepresented within a field (Casad et al., 2022). In Figure 3, I find 23 more male assistant professors in the Medical department, while the faculty number difference is less than 10 for each Arts, Business, Humanities, and STEM department. The economically significant relationship is present only in the Medical department due to the underrepresentation of female assistant professors. In the University of Iowa case, there are 58.6% male and 41.4% female assistant professors within the medical field, which implies that females are underrepresented in the medical department. As the β9 coefficient is economically significant at 0.1 level while statistically insignificant at 0.01 level, it partially confirms my hypothesis that the mismatch between male and female faculty numbers leads to the gender pay difference. Historical reasons point to why the medical department has more male faculty members than female. Typically, students need to take three or four years of education in medical schools along with three to nine years of medical training before they enter hospitals or academia. The Association of American Medical Colleges (AAMC) finds that the average age for assistant professors in United States Medical Schools is 45.5 and 43.2 years old in 2023, which suggests the current assistant professors received their M.D. or D.O. degree from medical schools between 1997 and 2004. According to the AAMC records, from 1997 to 1998, 58.3% of medical school graduates were males while only 41.7% were females. From 2003 to 2004, 54.1% of medical school graduates were males and 45.9%were female. Even though the medical department still has high male representation, the rise of advocacy for women in STEM and the increased proportion of female medical school graduates from AAMC records imply that the gender pay gap in the medical field is likely to narrow in the future. VI. Conclusion I use the University of Iowa in 2022 as my dataset to investigate factors accounting for wage disparity in higher education in the United States. The findings show that academic rank explains wage differences in professors or non-tenured track faculty levels. Within the same academic rank, the gender pay gap only exists for assistant professors or non-tenured track level. Besides academic rank, the academic field also accounts for the wage discrepancy when I limit my dataset to only focus on the assistant professor level. The pay gap arose among business, medical, social science, and STEM disciplines. However, when two faculty members have identical academic ranks, there is no gender pay gap within the same department. To improve and expand on this research, diversifying the dataset must be a key focus by adding more public and private universities or colleges. A large dataset would provide a comprehensive perspective on whether the gender pay gap in academia is a nationwide inequality problem or a local inequality problem inside Iowa. If the study reveals stark differences between male and female faculty, it would be advisable to inform policymakers of the severity of the issue and propose equity focused policies such as implementing pay transparency laws to reduce pay inequality and associated gender gaps. Bibliography Gabriel, D. (2023). Female professors sue Vassar College, alleging wage discrimination. https://www.washingtonpost.com/education/2023/08/30/vassar-college-wage-discrimination-lawsuit/ American Association of University Professors. (2023) “Annual Faculty Compensation Survey.” American Association of University Professors, June 2023, https://www.aaup.org/news/aaup reports-third-consecutive-year-faculty-wages-falling-short-inflation Koedel, C., & Pham, T. (2023). The Narrowing Gender Wage Gap Among Faculty at Public Universities in the U.S. SAGE Open , 13 (3), 21582440231192936. https://doi.org/10.1177/21582440231192936 Li, D., & Koedel, C. (2017). Representation and Salary Gaps by Race-Ethnicity and Gender at Selective Public Universities. Educational Researcher , 46 (7), 343–354. https://doi.org/10.3102/0013189X17726535 College and University Professional Association for Human Resources. (2024) “Representation and Pay Equity in Higher Education Faculty: a Review and Call to Action.” College and University Professional Association for Human Resources, April 2024, https://www.cupahr.org/surveys/research-briefs/representation-and-pay-equity-in-higher-ed faculty-trends-april-2024/ The Iowa Legislature. (2022) https://www.legis.iowa.gov/publications/fiscal/salarybook Casad, B. J., Garasky, C. E., Jancetic, T. R., Brown, A. K., Franks, J. E., & Bach, C. R. (2022). U.S. Women Faculty in the Social Sciences Also Face Gender Inequalities. Frontiers in Psychology , 13 , 792756. https://doi.org/10.3389/fpsyg.2022.792756 Trotter, R. G., Zacur, S. R., & Stickney, L. T. (2017). The new age of pay transparency. Business Horizons , 60 (4), 529–539. https://doi.org/10.1016/j.bushor.2017.03.011 Wiedman, C. (2020). Rewarding Collaborative Research: Role Congruity Bias and the Gender Pay Gap in Academe. Journal of Business Ethics , 167 (4), 793–807. https://doi.org/10.1007/s10551- 019-04165-0 Association of American Medical Colleges. (2023) “U.S. Medical School Faculty Trends: Average Age.” Association of American Medical Colleges, Dec 2023, https://www.aamc.org/data reports/faculty-institutions/data/us-medical-school-faculty-trends-average-age Association of American Medical Colleges. (2019) “Percentage of U.S. medical school graduates by sex, academic years 1980-1981 through 2018-2019.” Association of American Medical Colleges, August 2019, https://www.aamc.org/data-reports/faculty-institutions/data/us-medical-school faculty-trends-average-age Appendix Figure 1. Average Salary for Female and Male Faculties in Each Academic Rank Figure 2. Average Salary for Female and Male Assistant Professors in Each Academic Department Figure 3. Number of Female and Male Assistant Professors in Each Academic Department
- Body Ethics | brownjppe
Body Ethics: Moving Beyond Valid Consent Christine Chen Author Steve Nam Coco Zhu Rebecca Yang Editors There is little controversy that individuals generally have an interest against intrusion of or interference with their personal domain, which encompasses one’s person—body and mind—and property. For example, we typically think that we are entitled to moral complaint when another person pinches us, kisses us, or looks through our phone without our permission. That is to say, we have a moral right against these kinds of unauthorized interactions. Here, a right is understood as “entitlement (not) to perform certain actions, or (not) to be in certain states; or entitlements that others (not) perform certain actions or (not) be in certain states” (Weinar). This is not to say, of course, that all interpersonal interactions are impermissible. One key way in which we facilitate morally permissible interactions on a daily basis is by providing, through verbal or sometimes non-verbal communication, valid consent. Present moral theories of consent identify it as an interpersonal justification for an act upon an agent, the consent-giver, from which they would otherwise have moral protection in the form of a duty of the others not to infringe upon their personal domain. Consent releases the consent-receiver from such duty against intrusion or interference and provides an interpersonal justification for the act within the content of the consent. However, our moral intuition suggests that there is something beyond ordinary, valid consent necessary for an act to be morally permissible when the body is involved, like an invasive procedure or sexual intercourse. Indeed, patients sometimes believe that they are wronged by a medical procedure despite having given legally valid consent, which contributes to the deteriorating patient-physician relationship and growing mistrust (Nie et al.). In these cases, are the patients entitled to such complaint? In this paper, I aim to challenge Tom Dougherty’s theory of consent, presented in his book The Scope of Consent, by attempting to identify a second condition for moral permissibility in cases involving the body through a series of hypothetical cases. I posit that, besides a consent-based right against bodily intrusion or interference, agents have an additional preference-based right that entitles them to moral complaint, which is not typically present in ordinary cases of consent that do not involve the body. Defining Consent: Expression of Will View Before diving into cases, I will first define consent as it is understood in this paper. Under Dougherty’s Expression of Will View, consent is a deliberate expression of one’s will (Dougherty 2021, 111). Like forfeitures and waivers, consent provides a way for us to give up moral complaints against others for causally contributing to interference with our personal domain, namely, our bodies and property (Dougherty 2021, 102). As such, consent constitutes a justification for how others can interact with or act within the consent-giver’s personal domain. For the purpose of this paper, I accept Dougherty’s Expression of Will View as the working conception of consent that governs interpersonal interactions. As an evidential account of consent, this view emphasizes the role of available reliable evidence and enhanced reliable evidence, both of which define the validity and scope of consent according to the Due Diligence Principle, which states: Due Diligence Principle. At time t, an action A falls within the scope of the consent that X gives to Y if and only if at t, X gives consent or, prior to t, X has given consent and has not subsequently revoked this consent; at t, the available reliable evidence sufficiently supports the interpretation that X intends their consent-giving behaviour to apply to Y performing A; and at t, the enhanced reliable evidence also sufficiently supports this interpretation. (Dougherty 2021, 149) According to Dougherty, “the ‘enhanced reliable evidence’ is defined as the available reliable evidence, supplemented by any reliable evidence that the consent-receiver has a duty to acquire” (Dougherty 2021, 146); the distinction between enhanced reliable evidence (ERE) and available reliable evidence (ARE) will be explored further in this paper. Thus, for consent to be considered valid, the consent-receiver also has to fulfill their duty to acquire additional reliable evidence that is not presently readily available to confirm and clarify the veracity and scope of the consent-giver’s expression of will. Dougherty indicates in the footnote that the definition of enhanced reliable evidence “focuses on actual phenomena” and “not a counterfactual definition of evidence that someone would have” (Dougherty 2021, 146). The duty here is owed to the consent-giver regardless of what the available reliable evidence suggests or what the consent-receiver believes the additional information would indicate. In other words, the consent-receiver should obtain additional evidence even if there is reasonable belief that any additional information that could be obtained would have confirmed that the behavior falls within the scope of consent. In all of the cases I present below, we can presume that the Due Diligence Principle is fulfilled when consent is verified with a verbal or written follow-up. To bring out our moral intuition of the justifying force of consent, let’s consider the following case of ordinary consent. “Control” Case—Consent to Use of Property Landlord signs a legal contract to lease an apartment but prefers not to do so for personal, non-morally significant reasons—e.g. Landlord has a friend visiting that month and would rather use the apartment for that purpose—and presumably expresses such lack of enthusiasm, either with a verbal aside or in the tone of voice. It seems morally permissible for Tenant to move in, since the given consent is valid and deliberately expressed in the form of a legally-binding contract. In other words, Landlord’s lack of underlying preference is not sufficient to render Tenant’s act of renting the apartment morally impermissible. What about when it involves the body? According to Dougherty and US criminal law, there is no complaint if the consent is valid and freely given by an agent who is of sound mind without coercion. For example, suppose a person gives clear and passionate consent to sexual intercourse with their partner of their own volition while sober and uninfluenced. Criminal law and Dougherty’s view both recognize that she is not wronged by the partner unless the consent is undermined. The partner does not wrong her even if she does not like the intercourse during or after it happens so long as she does not indicate in any way that she withdraws consent. Neither is she considered wronged if she is under the false belief that her consent is invalid. Likewise, obtaining voluntary informed consent from a competent patient is a legal and ethical obligation of the medical practitioner as it permits the administration of the intervention in question. We generally consider valid consent to be sufficient when another agent asks to, say, borrow a pen or enter our office. We cannot successfully sue another person for trespassing after knocking and being given permission to come inside our apartment. However, we do not seem to think that it is morally permissible for the consent-receiver to act on the consent or justify their act with the given consent in some cases. To illustrate this, I present a few hypothetical examples below. Let’s consider a first case of a minimally invasive and reversible bodily intrusion. Warm-up case: People Pleaser Gets a Face Tattoo People Pleaser (PP) consents to getting a face tattoo for what we shall term here, extrinsic reasons—reasons that do not come from one’s own internal desires but rather serves to achieve an external goal like garnering praise or receiving an award such as to make Tattoo Artist (TA) think well of them. PP does this freely and not against their will, with no external social pressure like social stigma while of sound mind, and through a deliberate expression of consent, e.g. a verbal yes. In other words, the consent is unambiguously valid according to Dougherty’s Expression of Will View. However, PP has a preference not to receive a face tattoo, of which TA is somehow aware. Is it morally permissible for TA to give PP a face tattoo after consent was given? Let’s stipulate that there is minimal difference in interest for the Tattoo Artist in either outcome scenarios, other than received payment for their services. There is minimal risk of harm for PP—a tattoo is generally minimally invasive and reversible now—even though the tattoo in question is a face tattoo. Here, our moral intuition seems to suggest that it is not morally permissible for TA to proceed because, simply put, PP does not want to have the tattoos and he knows it. It seems, on first pass, that PP’s lack of underlying preference is the necessary but not sufficient condition additional to consent. Dougherty’s Objection—Consent-Centric view of Interpersonal Justification Argument TA has the obligation of Due Diligence to secure both available reliable evidence, e.g. evidence supporting that PP is very clearly sober and of sound mind – i.e. not visibly inebriated or have lost their faculties – when consenting to getting tattooed, and enhanced reliable evidence, i.e. evidence TA has a duty to actively acquire, e.g. a verbal confirmation from PP to clarify that they indeed knowingly and deliberately consent to a tattoo. If TA has sufficiently performed Due Diligence appropriately given the stake of the act—getting a face tattoo—and the cost of acquiring such evidence, the valid consent should justify this act; PP is no longer entitled to a complaint here. This would be analogous to a case in which the consent-giver, PP, falsely believes that their consent is invalid. Dougherty can agree that it is wrong in this case for TA to give PP a face tattoo. However, he would object that, rather than there being something else that makes tattooing PP morally impermissible, it is because the consent is actually not valid. How can that be? Dougherty asserts that consent is invalid when it is given under unjust social pressure like a misogynistic culture that demands unconditional sex from wives (Dougherty 2022). He could appeal that, in this case, PP experiences social pressure, which is “the exertion of influence on a person or group by another person or group” (American Psychology Association). People generally have a right to be free from this kind of pressure or external influence when making decisions, according to Kant’s Principle of Autonomy (Kant G4: 440). Consent is thus invalid in the Dougherty sense when social pressure is present because, like coercion, it denies the agent one or more options that they are entitled to have. Therefore, PP’s consent to receiving a face tattoo is invalid and TA has wronged PP by tattooing them. However, not all cases of consent for extrinsic reasons involve this unfair denial of options. Here, we would be mistaken to frame PP’s extrinsic reason—people pleasing—as coercion because coercion, by definition, is imposed upon the consenting agent by another agent, which is not present. PP’s “pressure” to consent is self-imposed, which means that this consent is still valid, ceteris paribus. Case 2—Intimate Relations with the Asexual Partner Two individuals, Ace and Bee, initiate a sexual encounter. Ace expresses consent to engage in sexual intercourse with Bee deliberately and freely while sober and of sound mind. However, Ace is asexual and would prefer not to have sex with Bee (or anyone, for that matter). Say, Ace would not mind if the fire alarm goes off as Ace and Bee are about to begin intercourse and interrupts it. Ace simply consents because she prefers not to make Bee think negatively of her. Like in previous cases, Ace’s consent is valid, though there is no underlying preference for the token act. Bee performs Due Diligence to interpret consent based on available reliable evidence and enhanced reliable evidence, which Bee acquires by asking Ace whether she is feeling pressured to consent to sex, to which Ace answers decisively, “No.” Assume that Bee is aware both generally and in this instance that Ace is asexual and prefers not to have sex. Bee proceeds to have sex with Ace because the consent is present and valid. Can we blame Bee for having sex with Ace? Can Ace make a complaint to Bee for acting against her preference? There seems to be something morally unsavory about Bee engaging in sexual intercourse with Ace despite knowing that Ace prefers not to do so even though there is valid, deliberate consent from Ace. Again, valid consent here, though necessary, does not seem sufficient to justify an act of bodily intrusion. So far, our cases have featured minimal interest and risk of harm on both sides. If underlying preference is indeed a necessary but not sufficient condition for the moral permissibility of acts of bodily intrusion, how would increasing the interest for one or both parties interact with the preference condition? Here, I understand interest as the stakes or concern one has in acting or withholding from acting in a given situation or to achieve a given outcome. For example, a student has an interest in maintaining a good grade point average because it is beneficial for future career or academic opportunities. Case 3—Obedient Patient’s Minimally Invasive Elective Surgery Obedient Patient (OP) is advised to undergo laser vision correction—a minimally invasive elective procedure otherwise known as LASIK—by their ophthalmologist. The operation has relatively low risk and marginal benefit for the patient. Let’s assume that the ophthalmologist, while board-certified and knowledgeable, does not exert an overwhelming epistemic authority over OP during the treatment process, i.e., OP does not feel epistemically pressured to follow the doctor’s orders. OP, obedient by nature, signs an informed consent form after the ophthalmologist provides a detailed explanation of what the procedure would entail, along with the potential benefits, risks, and side effects. However, OP disprefers to undergo this surgical intervention, all things considered; OP only consents because they do not want to disappoint the ophthalmologist. For OP, the best-case scenario would be if, after consenting, the ophthalmologist informs OP that LASIK would no longer be recommended or is generally canceled. Having obtained verbal confirmation in addition to written consent, the ophthalmologist performs LASIK surgery. Is this surgery morally permissible? Can OP make a complaint against their ophthalmologist? If valid—and verified—consent were necessary and sufficient for moral permissibility, then the ophthalmologist would have been perfectly justified to perform LASIK, which is not the case. Once again, the violation of the consent-giver’s underlying preference presents a weighty challenge to the moral significance of consent in a case involving bodily intrusion. If the elective surgery case yields ambiguous conclusions, consider the following similar but necessary procedure instead. Case 4—Required Surgery Suppose, now, our Obedient Patient instead consents to cataract surgery, which is required for their health, as they risk losing their vision if they forego the surgery. The procedure is the current standard of care for cataracts, a non-life-threatening but nonetheless serious condition, and OP has been adequately informed of the benefits, potential risks, and side effects such that the Due Diligence principle is fulfilled by the ophthalmologist, the consent-receiver. There is certainly now more interest for OP to comply with medical advice; like any reasonable individual, OP has an interest in preserving—or, in this case, restoring—their vision. However, OP would prefer not to undergo the surgery, all things considered, just like in the elective surgery case. Nonetheless, OP consents to avoid disappointing the ophthalmologist. Given valid and verified consent, and considering the necessity of the procedure to OP’s health and wellbeing, the ophthalmologist proceeds to perform cataract surgery on OP. Is this cataract surgery morally permissible? Can OP now make a complaint against their ophthalmologist? I concede that, to a bystander, OP has every reason to want the surgery, given the overwhelming interest and relatively low risk. Consequentialist theorists would argue that the moral calculus alone is enough to justify the surgery, and consent-centric theorists like Dougherty would cite the valid consent—verified by available reliable evidence and enhanced reliable evidence—to be sufficient for moral permissibility. However, I argue that there is something morally unsavory about disrespecting OP’s underlying preference not to be operated on despite these reasons, as intuitively, we want our preferences to be respected. Simply put, it would be wrong to proceed with the surgery when OP, who is getting the surgery, disprefers the surgery, and OP’s preference should be respected. Here, valid consent is still insufficient to justify this act of bodily intrusion. If this still does not demonstrate that consent alone is insufficient, consider the post-operation scenario. Case 4.5—Post-Operation Suppose OP finds the surgery unpleasant and is angry afterwards. They say to the surgeon, “You knew I didn’t want that. How could you do that to me? You could easily have said, ‘I know you are only consenting to please me; so, although that consent you gave is valid, I won’t go forward.’ Why didn’t you do that?” The surgeon—who has read up on Dougherty and the legal literature—could respond, “valid consent is all I needed to operate on you. Since I fulfilled my duty to acquire consent as well as additional evidence that your consent was valid while acting in your best interest, I did nothing wrong. I did not wrong you.” If the Due Diligence Principle only cares about available reliable evidence and enhanced reliable evidence for consent, and both indicate that the consent is valid and the procedure is within its scope, then, in the Dougherty sense, there is no moral wrong here. However, does it not feel wrong for the ophthalmologist to insist that no wrong was committed? While the ophthalmologist dutifully obtained and verified OP’s consent, something is missing here: namely, they did not act according to OP’s underlying preferences, which I identify as the other necessary condition for moral permissibility in this case. Note that preference seems to play a weightier role in our intuitive moral judgment of the ophthalmologist’s actions than case 3, where the operation is elective. It would seem that the higher stakes that the patient has in the bodily intrusion they consent to is reflected in a weightier consideration of the preferences of the consent-giver. To further illustrate this second condition of agent preference in cases of bodily intrusion, I invite the reader to consider the case of Unenthused Organ Donor (UOD). Case 5—Unenthused Organ Donor UOD is a match for a kidney transplant for a patient with end stage renal disease (ESRD). Upon being contacted for the match, UOD is sufficiently informed of the relevant details of the organ donation procedure and understands that there would be little to no risk or harm to their long-term quality of life. UOD understands that there is a great interest for the ESRD patient to receive the transplant and signs the consent form to undergo the procedure. When prompted, they confirm that they indeed consent freely and without external pressure. However, as the name implies, UOD prefers not to have a kidney removed. UOD consents only because it would look bad to refuse to donate. This is not a case of defective consent in Dougherty’s sense because the reason UOD consents—not wanting to look bad—is not an unjust pressure, as it is self-imposed. The consent is still considered valid. Would it be morally permissible for the doctor on the case to remove UOD’s kidney? I don’t think so. UOD’s preferences are clearly violated, so although they gave valid consent, the doctor is not justified to remove UOD’s kidney. Once again, preference clearly matters for the consent-giver, just as I have illustrated in the series of cases involving the body above. For the People Pleaser, preference mattered when a face tattoo was administered. It mattered for Ace, who consented to sexual relations with their partner. It no doubt mattered for Obedient Patient, who really did not want to undergo surgery despite its necessity. This moral significance of preference persists across the spectrum of interest weightings, from a reversible face tattoo to an organ donation operation, meaning that it is not the weight of the interest that matters in addition to the consent but the preference regarding one’s body itself. Objection—Weightier Interests? So far, I have shown that in cases involving property, like the Landlord case, valid consent suffices for moral permissibility. However, in cases involving the body, it does not. The cases I present posit that underlying preference is the necessary—though not sufficient—condition that makes the difference. One alternative explanation for this difference in the permissibility of consensual interference is that there simply is a weightier interest for the agent when an interaction involves their body. Dougherty would argue that bodily intrusion is more costly for an agent because the body is necessary for survival. It would be intuitive, then, that we should be more prudent when acting on consent that involves the body given the higher stakes for the consenting person. By that logic, individuals may have a similar interest when it comes to their property: there would be a weighty interest in having a large proportion or absolute sum of one’s property interfered with only when they prefer it. If this were true, we would expect to observe an apparent reverse correlation between the cost to the consent-giver and the justifying power of the consent. In minimally intrusive and reversible cases of bodily interference like the face tattoo case, there is minimal interest or harm for People Pleaser to get a face tattoo—it is not too painful, financially costly, does not affect present or future physical or emotional health, assuming we now live in a world where a face tattoo is not deemed socially unacceptable. We would expect that the consent to be asymptotically sufficient for the act’s moral permissibility, which contradicts our initial conclusion. In other words, since interest is low for PP in the tattoo case, we would expect consent-power to be high. Meanwhile, cases of higher-stake bodily intrusion like sexual intercourse or surgery do not minimize the role of valid consent. For example, in the second case of intimate relations, we can generally agree that the stakes are higher than in the face tattoo case, but ultimately, there is still, presumably, little or no risk of physical harm to the consent-giver, Ace. For Bee, there is more interest than in the last case for TA, assuming that allosexual—non-asexual—individuals have some interest in having sexual intercourse with others. The difference in the level of interest for the consent-giver is not reflected in a difference in consent-power in the moral permissibility of the act. Indeed, as the consent-giver’s interest increases, we continually see a restraint on consent’s moral weight in justifying the bodily intrusion. In the LASIK case, OP has a considerable interest in improving their vision, which contributes to their health and well-being. This interest further increases in the cataract surgery case, as delayed intervention could lead to permanent vision damage or even blindness, which OP, like any rational, seeing individual, would want to avoid. On the other hand, while we can acknowledge that the increased interest for the consenting Obedient Patient restricts the justifying force of consent, it does not drown out its role underlying the moral permissibility of the surgery either. OP would not have won a lawsuit, for instance, if they were to sue the surgeon for operating on them with valid consent. OP could only make the case to undermine the validity of the consent on the grounds that their obedience poses a type of pressure akin to coercion, which I have previously shown in the tattoo case to be unsubstantiated. According to Dougherty’s Expression of Will View, OP would have been under the false belief that they gave invalid consent, which does not itself invalidate the consent. If weightier interest were a sufficiently robust explanation for the restriction on consent’s justifying force, we should expect a similar conclusion from the above bodily intrusion cases in a property case. To investigate this hypothesis, I propose a test case involving property in which an agent has weighty interest and compare our moral intuition to the violation of preference with our intuitions regarding previous cases involving the body. Weighty Property Test Case—Stubborn but Conflict-Avoidant Private Company Owner Suppose an agent J owns a one-person private company. As the only employee and owner, J has sole ownership of this firm, so the company is akin to another form of property. J has a weighty interest in this firm because it is J’s only source of income—it generates present cash flow—and has the potential to continue generating monetary value. Now suppose a local chain offers to acquire J’s firm with attractive conditions: J would not only keep the job but also gain the opportunity to reach more clients, make more money, and potentially take over other departments of this future parent company. J signs the contract and verbally confirms this agreement with the legal representative of the chain company. In other words, in the eyes of the law and according to Dougherty, the acquisition of J’s company is justified. Yet, J is very stubborn and disprefers selling the company. J only consents to avoid conflict with the chain legal representative. The chain company executes the signed and verified contract and acquires J’s firm. It would be utterly absurd for J to make a public complaint against the local chain or the legal presentative and say, “you knew I didn’t want to sign the contract! You have wronged me by executing it and acquiring my company!” If the weight of interest for the consent-giver is the only thing that matters, we would not expect to find J’s complaint absurd. After all, J’s company financially supports J and therefore matters a lot to J! Recall that in the cataract surgery case, it was reasonable for the patient to insist that a wrong had been committed when the surgeon proceeded with the operation with valid consent but no underlying preference. This difference suggests that heightened interest does not sufficiently explain why consent alone is not enough when an agent’s body is interfered with while simultaneously being sufficient in property cases like the case of J’s company. This test case suggests that, when it comes to the body, something else has to be present, namely, preference. Objection—Preference as Consent Revocation? Another possible objection would be to assert that consent is preference-based. The lack of underlying preference would be equivalent to the absence of consent or its revocation, which would render the act no longer justified according to the first condition in Dougherty’s Due Diligence Principle (Dougherty 2021, 149). If the consent is revoked, then performing the token act that the consent is meant to permit would be, again, an intrusion of one’s personal domain. Since preference is a subjective, comparative evaluation (Hansson and Grüne-Yanoff), a conception of consent grounded in or functionally equivalent to preference would be categorized as a mental account, which recognizes that consent consists of a certain mental attitude (Dougherty 2021, 23). In other words, an agent’s mental content determines the scope of the consent. An agent can thus alter the scope of their consent or revoke it simply by changing their mind (Dougherty 2021, 33). Since preference is a kind of mental attitude, changing one’s preference thereby effectively either alters the scope of one’s consent or withdraws it entirely. Therefore, the proponent of the preference account would appeal to the lack of underlying preference as either the absence of consent in the first place or a revocation of consent. There are a few flaws with this objection. Firstly, Dougherty himself rejects the Mental View: in The Scope of Consent, he presents four arguments in favor of the Behavioral View over the Mental View, partly by relating consent to promise, which we generally agree requires public behavior (Dougherty 2021, 56). The Behavioral View thus holds that like promises, consent requires behavior to express the intention to release another individual from the duty not to act in such a way that intrudes in someone’s personal domain (Dougherty 2021, 61). Dougherty points out the asymmetry between promises and the mental account of consent. The latter can create, reimpose, and eliminate duties with mere intention. The former, by contrast, requires an act that publicly acknowledges the change in duties and how the two or more agents involved relate to each other (Dougherty 2021, 56). Though I in no way assert that consent is a kind of promise, we can nonetheless intuit from their shared moral currency and role in guiding interpersonal relationships that mere mental attitudes like intentions or preferences are insufficient in creating valid consent between individuals. Indeed, Dougherty’s own conception of consent—the Expression of Will view—rejects the moral or epistemic equivalence between preference and the expression of will; to equivocate these two entirely different concepts would render this objection unsound. Rather, there is something fundamentally different between consent, which, according to Dougherty, is a deliberate expression of will, and preference. The former, while a more undemanding version, remains a Behavior View of consent. The expression of will is a deliberate behavior that authorizes the intrusion of one’s personal domain. It may reflect an underlying preference or it may not. For consent to be valid under this view, preference is not mandatory but behavior is required. Even if we grant the Mental View, the preference account is still problematic. Dougherty argues that only certain kinds of mental attitudes can ground consent (Dougherty 2021, 27). We can find the motivation behind this view in the Autonomy Argument, which “appeals to the idea that consent is an exercise of an individual’s autonomy” (Dougherty 2021, 25). This is initially attractive given that much of consent literature, at least within the clinical world, arose in the aftermath of inhumane human trials in which subject autonomy was grotesquely violated. Since autonomy is partly reflected in an ability to consciously control our moral boundaries (Dougherty 2021, 25), a mental view of consent, conceptualized to maximize the protection of autonomy, should also be “under our intentional control” (Dougherty 2021, 27). However, preferences, like desires, are not necessarily under our intentional control. An agent can be born with a preference against injection needles without ever being subject to one, which supports the intuition that preferences are not always intentional. Therefore, preferences do not inherently generate a mental account of consent, so we should reject the worry that the lack of underlying preferences would somehow have the same moral significance as the absence or revocation of consent. Upshots Granted, in many cases in real life, the consent-receiver will not be in a position to know whether the preference is present. Indeed, sometimes the consent-giver would not even be aware or certain of their own lack of underlying preference until after the act has begun, as many preferences are nuanced, weak, or unconscious. In such cases, the ignorance of such underlying preference—or the lack thereof—would constitute a blameless ignorance of a morally-relevant fact, which would render the violation of the consent-giver’s personal domain blameless. As Gideon Rosen argues in “Culpability and Ignorance”, an agent is not culpable for an act done from moral ignorance if and only if such ignorance itself is not culpable (Rosen 61). I endorse this view and apply it to what would otherwise be culpable acts of bodily intrusions and concede that they, too, are inculpable if and only if the upstream ignorance of the consent-giver’s preference is not culpable. Moreover, there are cases where the consent-receiver fails to realize that the consent-giver has been wronged. For instance, calling back to our earlier case of LASIK surgery, our patient OP consents to be operated on by the ophthalmologist P. In this case, P has fulfilled Due Diligence, having obtained enhanced reliable evidence, and has OP’s patient profile, which indicates that he disprefers surgery, especially ones that do not involve general anesthesia. Yet, through no fault of P’s own, P fails to connect the dots and realize that OP’s aversions to surgery without general anesthesia would make it wrong for P to proceed with the consent. Again, Rosen would take this case as a kind of inculpable ignorance, which renders P’s intrusion blameless. Even theorists who deny that moral ignorance is exculpatory, like Elizabeth Harman, acknowledge that the failure to realize that the wrong-making features of an action make it morally wrong could sometimes exculpate the offending agent (Harman 2017, 117). Dougherty, too, would excuse this kind of intrusion. Since the Expression of Will View is an undemanding version of the Behavioral View, it does not require successful interpretation or communication for the consent to be considered valid (Dougherty 2021, 32); in fact, Dougherty rejects the Uptake Condition, which states that: An action A falls within the scope of the consent that X gives to Y only if Y successfully interprets X’s behaviour as motivated by an intention to release Y from their duty not to perform A. (Dougherty 2021, 78) Therefore, the consent is considered valid even if the consent-receiver is not aware as long as the conditions for validity are met (Dougherty 2021, 79). Nonetheless, even in these bodily intrusion cases where the preference is unknown or misinterpreted, there is still an issue of objective rightness to which the individual being wronged is entitled. We can concede that the consent-receiver acts blamelessly, but nevertheless unjustifiably. After all, we acknowledge that the consent-giver is still wronged insofar as their preferences are disrespected. Yet, since it is done from inculpable ignorance, as I have established, it is blameless. Such acts, according to Rosen, would call for “agent regret” but not moral blame (Rosen 69). Another account of such unwitting violations of the consenting agent’s preference comes from Elizabeth Harman, who proposes a moral category called morally permissible moral mistake (Harman 2016, 366). According to Harman’s conception, there are acts that one should do, all things considered, for moral reasons, but is not morally obligated to do, such that in failing to do them, one makes a moral mistake that is nonetheless permissible (Harman 2016, 373-374). The failure to perform such an act is a moral mistake because there are moral reasons for the agent to not fail to do it. Meanwhile, failing to perform the act is permissible because one is not obligated to perform it; not performing it is not morally impermissible. If we accept that morally permissible moral mistakes as Harman conceives exist, does proceeding with valid consent for bodily intrusion without the consent-giver’s preference fall under this category? Since I accept that valid consent releases the consent-receiver from the duty not to interfere with the consent-giver’s body, acting on valid consent would be morally permissible like in cases involving property, regardless of whether preference is present. Yet, the absence of preference makes it a moral mistake when it involves the body because, all things considered, there are moral reasons why the consent-receiver should respect the consent-giver’s bodily preferences. For the ophthalmologist, for example, to perform LASIK surgery on the Obedient Patient, would be a morally permissible moral mistake. On the other hand, we cannot say that it is a moral mistake for the Tenant to disrespect Landlord’s preferences against leasing in light of the contract, which makes Tenant’s use of Landlord's Apartment morally permissible. Acting with valid consent but without preference in property cases is not a moral mistake and is simply morally permissible. In either account, we can acknowledge that the consenting individual is still wronged despite the sanction of their valid consent without blaming the consent-receiving actor. In cases of bodily intrusion, we should not be in the business of blame but rather focus on protecting and respecting the moral boundaries and dignity of individuals, which is reflected by their preferences. The Due Diligence Principle, Revisited So what does this mean for Dougherty’s conception of consent? Should we abandon the Due Diligence Principle altogether? Of course not. These cases above have revealed that there is something beyond consent—namely, an agent’s underlying preferences—that should also guide and justify the actions of other individuals interacting with or acting within their personal domain alongside consent, not in place of it. One way to remedy Dougherty’s Due Diligence Principle is to acknowledge that, in cases involving the body, from a reversible tattoo to an invasive medical procedure, there is a further question about the consent-giver’s preference. Such preference should be clearly understood as an additional enhanced reliable evidence that the consent-receiver has a duty to obtain, though not a component of consent itself, such that knowing violations of underlying preference about the body are avoided and inadvertent intrusions are minimized. Note that, since Dougherty rejects the Mental View, and I have established that preference is a kind of mental attitude separate from consent, we can presume that Dougherty’s present conception of the Due Diligence Principle does not include information about preference as a kind of enhanced reliable evidence as I propose. Dougherty’s Expression of Will View does not care about preference. Therefore, my account here is a revision of Dougherty’s Due Diligence Principle, rather than a more generous interpretation.Whether an agent has sufficiently obtained such evidence is, of course, a matter of what is epistemically possible in a given situation, and should be evaluated on a case by case basis, as the Enhanced Reliable Evidence Principle suggests. A helpful metric remains the Reasonable Agent Standard common in the legal literature on intimate relations and medical practice, or Dougherty’s suggestion that it be appropriate given the stakes of the consented act and the cost of acquiring the relevant evidence (Dougherty 2021, 144). The important thing is that such due diligence to obtain evidence for the consenting individual’s underlying preference is carried out before the bodily intrusion is consummated. Conclusion In this paper, I have argued that valid consent alone is not fully dispositive in cases involving the body. Instead, a second preference-based right is another necessary condition for the moral permissibility of the intrusion. I have demonstrated through a series of cases that preference, rather than merely the cost to the agent, matters in addition to valid consent and should be respected. I then addressed the upshots relating to epistemic challenges, including ignorance and the failure to realize certain facts. I also outlined two moral accounts of consensual bodily intrusion without preference: a morally impermissible but blameless account under Rosen’s framework and a morally permissible moral mistake account under Harman’s conception. Lastly, I proposed an addendum to Dougherty’s Due Diligence Principle of consent to include one’s underlying preference. Future work should expand upon the moral significance of preference and provide a more conclusive account of what motivates its relevance in cases involving the body. Acknowledgements I would like to thank my advisor, Professor Gideon Rosen, for his guidance and feedback throughout the junior independent work process. I also want to thank family and friends, especially John Wallar, for providing comments and unrelenting support. References “Cataract Surgery.” National Eye Institute. Accessed December 2, 2024. http://www.nei.nih.gov/learn-about-eye-health/eye-conditions-and-diseases/cataracts/cataract-surgery#:~:text=What%20happens%20during%20cataract%20surgery,be%20awake%20du ring%20cataract%20surgery. Dougherty, Tom. “Social Constraints on Sexual Consent.” Politics, Philosophy & Economics 21, no. 4 (July 26, 2022): 393–414. https://doi.org/10.1177/1470594x221114620. Dougherty, Tom. The scope of consent. Oxford: Oxford University Press, 2021. Hansson, Sven Ove, and Till Grüne-Yanoff. “Preferences.” Stanford Encyclopedia of Philosophy, October 4, 2006. https://plato.stanford.edu/archivES/FALL2017/Entries/preferences/. Harman, Elizabeth. “Morally Permissible Moral Mistakes.” Ethics 126, no. 2 (January 2016): 366–93. https://doi.org/10.1086/683539. Harman, Elizabeth. “When Is Failure to Realize Something Exculpatory?” Oxford Scholarship Online, July 20, 2017. https://doi.org/10.1093/oso/9780198779667.003.0006. Kant, Immanuel. Groundwork of the Metaphysics of Morals. Cambridge: University Press, 2012 “Kidney Transplant.” Kidney Transplant | Johns Hopkins Medicine, May 24, 2024. http://www.hopkinsmedicine.org/health/treatment-tests-and-therapies/kidney-transplant#:~:text=You%20may%20need%20a%20kidney,other%20substances%20from% 20the%20blood. “LASIK.” Wikipedia, November 21, 2024. https://en.wikipedia.org/wiki/LASIK. Nie, Jing‐Bao, Yu Cheng, Xiang Zou, Ni Gong, Joseph D. Tucker, Bonnie Wong, and Arthur Kleinman. “The Vicious Circle of Patient–Physician Mistrust in China: Health Professionals’ Perspectives, Institutional Conflict of Interest, and Building Trust through Medical Professionalism.” Developing World Bioethics 18, no. 1 (September 18, 2017): 26–36. https://doi.org/10.1111/dewb.12170. Rosen, Gideon. “IV-Culpability and Ignorance.” Proceedings of the Aristotelian Society (Hardback) 103, no. 1 (June 2003): 61–84. https://doi.org/10.1111/j.0066-7372.2003.00064.x. “Social Pressure.” APA Dictionary of Psychology. Accessed December 2, 2024. https://dictionary.apa.org/social-pressure. Wenar, Leif. “Rights.” Stanford Encyclopedia of Philosophy, February 24, 2020. https://plato.stanford.edu/entries/rights/.
- Arab Spring | brownjppe
How Political Instability Unravels Religious Commitment in the Face of Uncertainty: Navigating Uncertainty in Political Instability and Religiosity in Post-Arab Spring Egypt and Tunisia Abanti Ahmed Abstract This paper explores the dynamic relationship between political instability and religiosity in Egypt and Tunisia, with a focus on the period from 2012 to 2018. The central research question examines how individuals navigate uncertainty and address political challenges, influencing the role of religion in their lives. The argument posits that tangible solutions to political challenges diminish religious commitment, while a lack of such solutions fosters an increased reliance on religion. Drawing on a detailed analysis of events, protests, and economic conditions, the paper reveals that the perception of uncertainty can be controlled and the pursuit of tangible solutions demotes religion to a secondary role in individuals' lives. When addressing citizens' concerns during economic challenges, political repression, and societal grievances, policymakers should consider creating platforms for discussion, promoting religious tolerance, and offering practical avenues for positive change, which can be achieved through religious accommodation laws, interfaith dialogue initiatives, and religious endowments. These initiatives ease society’s broader challenge in engaging in open dialogue about the complex human response to political instability that encourages a reevaluation of how uncertainty is navigated. Introduction The periods after pivotal moments in American history, such as the September 11 attacks and the Great Depression, were marked by sharp, brief increases in church attendance as communities sought solace during troubling times. Religious communities are often the first place that people who feel like they have lost control seek refuge. Is this short-lived surge because they have found alternative solutions or because religion slowly loses its allure in the face of prolonged turmoil? Perhaps online communities provide a platform that empowers apostates to be open and therefore increases their visibility. Alternatively, escalating religious persecution and intolerance might contribute to a decline in religiosity, as individuals distance themselves from beliefs facing opposition. Yet, the root causes behind these shifts remain unclear. In this paper, I will explore the conditions under which political instability decreases religiosity. In the currents of geopolitical turmoil, economic upheaval, and rocky political transitions, one might expect religiosity to be a steadfast anchor, providing relief in uncertain times. Yet, as the Arab Spring swept across the landscapes of Egypt and Tunisia, leaving behind a trail of political transformations, the unexpected occurred: religiosity rather than standing resilient, underwent stark fluctuations. The Arab Spring marked a significant period of upheaval and change across the Middle East and North Africa (MENA) region, characterized by widespread protests, demands for political reform, and calls for greater social justice. While Tunisia is often recognized as the birthplace of the Arab Spring, the movement’s mass protests and uprisings transcended national boundaries, influencing countries like Syria, Libya, Yemen, Egypt, and Bahrain, each with its unique socio-political context and grievances. In Egypt, if the period from 2012-2018 was marked by political turmoil, while the period from 2018-2021 focused on economic reforms and stability, then why did religiosity decrease during turmoil but increase during more stable times? In Tunisia, the opposite occurred; religiosity increased during periods of relatively more political instability from ongoing democratic transitions between 2018-2021 than between 2012-2018. In these two cases, fluctuations in religiosity trends were very similar over the same periods of time despite having divergent political outcomes. This is not to postulate that the essence of religion is solely a response to political instability or repression, nor does it assert that religion solely arises from a particular type of uncertainty. Rather, it underscores that within the realm of political instability, a condition that inherently diminishes religious commitment is a type of uncertainty that invites competitive resolutions that take precedence over religious avenues. Despite fluctuations in non-religiosity within a specific sub-group of the Egyptian population over the past decade, it has not exceeded 25%. Consequently, religion consistently maintains a primary role in the lives of the majority within this subset, highlighting its enduring significance and resilience amidst societal changes. My central thesis posits that when individuals are confronted with tangible solutions to alleviate the challenges that they attribute to their political instability, this set of solutions will take precedence over religious commitment. Religious commitment increases when individuals do not have access to these solutions and feel disillusioned by the future. Their perception of the future is important here, and I will discuss in these cases how these perceptions emerge and are sustained during political instability. Consequently, religion assumes a secondary role in individuals’ lives as it is outcompeted by alternative solutions that best alleviate their uncertainties. One secondary argument entails that overall trends of secularization, driven by societal shifts toward modernization, play a central role in diminishing religiosity. As societies modernize and prioritize democratic values, religious influence tends to decline. This argument suggests that broader secularization, marked by the declining significance of religion in public and private spheres, has an impact on individual piety. An alternative argument delves into the role of political Islam during periods of political instability. It suggests that individuals may attribute their political and economic grievances to religious frameworks, especially when political actors weaponize religion for political gains. This attribution may lead to a decline in religious commitment as people scrutinize religion's involvement in political decisions and its consequential impact on their daily lives. This paper will be structured as follows: First, I will discern the type of political instability I will examine. I will explore the types of uncertainties that come with political instability, and how uncertainty is tied to religious commitment. Then, I will showcase what happens to the role of religion when individuals perceive particular types of uncertainty to be present. Finally, I will introduce my cases of Egypt and Tunisia following the Arab Spring and explore how my proposed conditions of political instability are present in both despite their divergent transitions and outcomes. Theory Political instability exhibits diverse characteristics in terms of duration and intensity, ranging from brief upheavals to prolonged disruptions. My focus extends beyond a general assessment of political instability, emphasizing instances of uncertainty directly impacting citizens' daily lives and their perception of the world around them. This perception has cascading effects on how the role of religion is viewed, so I seek to analyze the relationship between individuals' perception of uncertainty with their resulting course of action and religious commitment. Religion, despite being an ancient phenomenon, can also be a psychological response to uncertainty and turbulent times. Religiosity is measured by attitudes toward religious practices, frequency of worship, and overall belief in God. When religion is tied to self-identity, changes within the political sphere are least impactful on individuals’ religiosity. In Lebanon, for example, individuals tend to identify with their religious and ethnic identities before an overarching national identity. In countries where people prioritize nationalism, ethnic divisions, and plurality of religion, the secondary nature of religion in everyday life makes it more susceptible to change in response to changes in the political sphere such as regime change, citizen repression, economic hardship, and military and police brutality. For instance, in Turkey, there are reports of decreased religiosity among youth and even self-reported accounts of hijabi women who wear the hijab in the public eye, but have said to have already “left Islam.” The Republic of Turkey—whose founding father, Ataturk, had revolutionized Turkey as a “modern” state, adopted a Latin alphabet in place of Ottoman Turkish, and removed religion in state affairs—has consequently experienced decades of secularization. Now, with President Erodgan, Turkish society reaches a crossroads with religion and secularization; as Erdogan increases the role of Islam in politics, such as reducing interest rates because “Islam demands it” while inflation increases. As a result, Turkish citizens attribute their economic challenges to religion. While religion may not be the direct cause of these difficulties, the deliberate political weaponization of Islam can contribute to this perception among the population. I postulate that there are two types of uncertainty: controlled uncertainty and random uncertainty. Under controlled uncertainty, individuals have an optimistic outlook that they have the power and agency to pursue tangible courses of action to relieve their uncertainties. In contrast, under random uncertainty, individuals have the pessimistic outlook that their uncertainties are beyond their control. This perception is coupled with a sense of disillusionment regarding the future. In Israel, for example, women responded to random uncertainty by participating in palm recitation to better cope with the uncertain conditions of the Second Intifada and the threat of terror. They inhibited both an absence of control over their uncertain circumstances and disillusionment with the future, which increased their reliance on rituals as a coping mechanism. Trauma is particularly powerful in identity formation, as it brings out what attributes and experiences individuals have in common. While existing research suggests that instability can heighten individuals' religious commitment by reminding them of their shared religious beliefs, this study aims to delve deeper by considering not just the presence of instability, but also its nature and activity. The activity of instability (e.g. living in a constant state of poverty vs. experiencing escalating instability) determines the type of uncertainty individuals perceive of their circumstances. When faced with controlled uncertainty, where the level of instability remains relatively stable, individuals may rely more on their religious beliefs as a source of solace and guidance. However, in situations of escalating instability, where uncertainty intensifies over time, individuals may be more inclined to explore alternative solutions beyond religion to address immediate challenges brought about by political instability. "The consequential secondary role of religion is supported by the notion of secular competition—when economic opportunities or social norms conflict with religious obligations—that individuals face when considering alternative solutions. For instance, during the Great Depression, as conditions worsened, many Americans cataloged the failures of capitalism and voluntarism, emphasizing citizens’ basic responsibilities to one another. Even conservative religious leaders began to join social workers and hungry Americans in calling for more vigorous federal intervention as they faced the suffering before them and their own inability to alleviate it. Their efforts took off in the summer of 1932, when tens of thousands of out-of-work World War I veterans and their families marched to Washington, DC to demand early payment of promised service bonuses. Yet as the federal government extended its place in Americans’ daily lives, leaders of some religious institutions feared for their own status. This historical example illustrates how under conditions of political instability, individuals may perceive a sense of control over their uncertain situation and may prioritize tangible courses of action over religious commitment due to the perceived favorability of the outcomes they desire." To determine, then, the conditions under which political instability decreases religiosity, I argue that when individuals face controlled uncertainty, their reliance on religion becomes secondary as alternative solutions with the potential for immediate favorable outcomes take precedence, but random uncertainty results in the increase in religiosity that many might predict. The cases of Tunisia and Egypt offer valuable insights into the dynamics between political instability, tangible actions, and the evolving role of religion under political instability. Case of Tunisia: Controlled Uncertainty In the case of Tunisia, the Arab Spring catalyzed in December 17, 2010 when Mohamed Bouazizi, a 26-year-old street vendor in the impoverished city of Sidi Bouzid, Tunisia, self-immolated. This came after market inspectors confiscated some of Bouazizi’s wares, claiming that he lacked the necessary permit. Bouazizi’s suicide was the result of desperation rather than symbolizing a political cause, though it was publicly interpreted as an act of protest. Several reward systems were activated after Bouazizi's suicide. Bouazizi was considered as a "hero for Tunisians and the Arab world as a whole" by Tunisian film directors, assumed a martyr by the Progressive Democratic Party (PDP) of Tunisia, and named TIME magazine’s person of the year in 2011. The publicized suicide of Bouazizi made many people in similar situations believe that suicide was an appropriate action for them as well. Bouazizi was a university graduate distraught with the inability to financially support his mother and siblings, reflecting the vast majority of Tunisians experiencing soaring rates of unemployment. In 2009, the overall unemployment rate in Tunisia was 13.3%, but 30% among Tunisia's youth, who made up almost a third of the total population. The Tunisian government decreased expenditures from 45% to 29% from the 1970s to the 1990s, lowering the quality of public goods and services. Hence, Zine El Abidine Ben Ali, president of Tunisia from 1987 to 2011, along with his family and other elites, created and strengthened the inner circle of cronyism—political elites appropriating economic resources and creating privileges by preventing outsiders. Controlling half the country’s wealth, the enterprises they owned produced 3% of total output and employed only 1% of the labor force. In addition, Ben Ali never allowed genuine political opposition to emerge and elections were manipulated: In 1989, he supposedly garnered 99.3% of the vote; in 1994, 99.9% and five years later, 99.4%. Political opponents — in particular Islamists— were persecuted, tortured or forced into exile. Tunisia's press was censored. According to the theory of suicide proposed by French sociologist Emile Durkheim, Bouazizi's self-immolation would be best categorized as anomic suicide. This type of suicide occurs when individuals experience a chronic state of societal disorganization, where traditional sources of regulation, such as religion and government, fail to provide moral constraints in the face of an unregulated capitalist economy. Anomic suicide is often associated with a sense of disillusionment about the future, leading individuals to see self-infliction as a way out. It's important to note that self-immolation directly contravenes Islamic law, as the Quran prohibits harm to oneself. Therefore, Bouazizi’s act can be viewed as a poignant illustration of the prioritization of social circumstances over religious beliefs. Despite the religious prohibition, Bouazizi saw self-immolation as a desperate means to escape his dire socio-economic situation. This conflict between religious doctrine and the perceived urgency of his socio-economic plight highlights how individuals may prioritize immediate material concerns over religious commitments. After years of severe economic hardship, during which most Tunisians were struggling to survive while President Ben Ali’s family, friends, and allies were getting richer, Bouazizi’s self-immolation marked the tipping point. Tunisians began to protest. Tensions heightened on December 22nd when another young man from Sidi Bouzid climbed up an electricity pylon and electrocuted himself on the cables, saying he was fed up with being unemployed. The new wave of strikes first erupted on December 17th in Sidi Bouzid, and came after the labor unions announced that they would organize peaceful marches to urge the government to improve its performance in development and employment. A few days later, a teenager was killed when police in Sidi Bouzid opened fire on protesters. An interior ministry spokesperson said police had been forced to "shoot in self-defense" from protesters who were setting police cars and buildings ablaze. The Tunisian government had been trying to manage the crisis politically before using force and the Tunisian development minister traveled to Sidi Bouzid to announce a new $10m employment program. The Tunisian government’s concessions—often met with skepticism on its sincerity and implementation—were a response to the resilience and violence of the crisis, showing Tunisians that the government was reacting to their demands rather than solely resorting to violence. This instilled hope in Tunisians regarding the positive trajectory of their protests. Despite protests, the rich were getting richer, the poor were not only getting poorer, but also had no job prospects, no ability to express themselves, and no way of criticizing government policy. The protests that erupted in Sidi Bouzid were spontaneous, yet they were marked by a level of organization and sophistication that appeared grounded in the sheer determination of those who participated in them. Tunisians faced a more costly and risky path due to being the first country to protest, unlike Egyptians who benefited from the momentum generated in Tunisia. The cost of cronyism and corruption to Tunisia is much higher because it also hinders job creation and investment and contributes to social exclusion. The presence of cronyism exacerbates the costs of protest by increasing repression, legal and financial consequences, social stigmatization, and psychological toll for protesters. The fear of retaliation from security forces was high, and protesting carried significant risks, including arrest, torture, and disappearance. For Tunisians, the standard method of expressing dissent has been informally within the party framework, but the masses participate in riots and demonstrations. The first president of Tunisia, Habib Bourguiba (1957-1987), carefully appointed members of the political elite and removed them from office in such a way as to prevent anyone from building up a political base to keep factions to a minimum. The Tunisian economy was heavily centralized around the ruling elite and suffered from widespread corruption and cronyism. Economic grievances were a major driver of the Tunisian uprising, and many protesters were motivated by frustrations with unemployment, poverty, and lack of economic opportunities. The economic challenges faced by Tunisians may have increased the perceived costs of protesting, as individuals risked losing their livelihoods or facing economic hardships as a result of participating in protests. In Tunisia, the uprising was driven by a broad-based coalition of activists, students, workers, and ordinary citizens who came together to demand change. Solidarity among protesters helped to mitigate some of the risks associated with protesting by providing emotional support, practical assistance, and collective action. From this, it is clear that Tunisians perceived their uncertainties as resolvable through risky actions, therefore partaking in actions that would immediately relieve their grievances rather than remaining disillusioned with their future, which ultimately decreased their religiosity during this period. On January 13, 2011, Ben Ali appeared on national television and made broad concessions to the opposition, promising not to seek reelection as president when his term would end in 2014. He expressed regret over the deaths of protesters and vowed to order police to stop using live fire except in self-defense. Addressing some of the protesters’ grievances, he said he would reduce food prices and loosen restrictions on Internet use. Ben Ali’s concessions did not satisfy the protesters, who continued to clash with security forces, resulting in several deaths. The next day, a state of emergency was declared, and Tunisian state media reported that the government had been dissolved, Ben Ali fled Tunisia, and that legislative elections would be held in the next six months. Ben Ali’s reign from 1987-2011 had ended and Prime Minister Mohammed Ghannouchi, appointed by Ben Ali in 1999, assumed power. The aftermath of Ben Ali's departure marked a significant moment for Tunisia, as protests persisted despite the regime change. Protesters had gathered in the area to demand that the interim government step down and the current parliament be disbanded. Demonstrators were also asking for suspension of the current constitution and the election of an assembly that can write a new one, as well as organize the transition to democracy. There were daily protests that members of Ben Ali's Democratic Constitutional Rally (RCD) party were in the new government and thousands of largely peaceful anti-RCD protests emerged.36 After persistent clashes between protesters and armed forces, Ghannouchi announced his resignation particularly following the death of three people in the country's capital, Tunis: “I am resigning today because I am not willing to be a person that takes decisions that could cause casualties," he told reporters Sunday. He also questioned "why a lot of people considered their main target to keep attacking the government, although a lot of its members agreed to join in this critical time." Ghannouchi’s resignation can be seen as a tangible outcome of the protesters' efforts. It signifies that their voices were heard and that their actions had a direct impact on the political landscape. Ghannouchi's acknowledgment of the need to avoid decisions that could cause casualties reflects a recognition of the legitimacy of the protesters' grievances and a commitment to avoiding further violence. Bouazizi's actions were instrumental in differentiating between controlled uncertainty and random uncertainty, providing Tunisians with a tangible catalyst that transformed disillusionment into proactive engagement with the future. Role of Religion Becomes Secondary As people sought to find concrete control over uncertain circumstances amid political instability, their dedication to religious beliefs weakened. Involvement in organized protests, the confrontation of severe repression, and the navigation of severe economic hardships became the focal points of their attention, demoting religious commitment to a secondary position. In 2012, the Pew Research Center surveyed Tunisians and found that though democratic principles were high priorities, as were the economy and security. 92% said that improving the economy ranked as the most important priority while 79% said that it was very important to maintain law and order. Also, people found democratic freedoms more important than religious divisions. This shows that Tunisians found these economic and democratic principles to take precedence over other grievances they faced. In this time period, a perceived resolution for these priority issues was through civil resistance, demonstrations, general strikes, and self-immolations, that were leading to visible outcomes and relieving uncertainty in a way that religion was not. Outside the party system, Tunisians became politically active, especially Tunisian women, who protested the draft constitution, the economy, and the ruling coalition. Within this political context of newly found political liberalizations, similar to Egypt, various religious groups started coming out of the underground in order to take advantage of the political openings. As these political openings were prioritized, trust in religious leaders went down from 38% to 35% between 2012 and 2018 and those who say they are not religious increased from 18% in 2012 to 30% in 2018. Tunisian Muslims that attend mosques at least some of the time decreased from 52% in 2012 to 30% in 2018. Tunisia’s troubled economy was the biggest challenge in 2017. The national unity government took some measures to stimulate growth, but it struggled to implement key reforms. High unemployment, a rising inflation rate, and tax increases plagued Tunisians. In January 2018, protests erupted in more than a dozen cities over price hikes. This further emphasizes the continued prioritization of addressing economic challenges by the Tunisian people. Secularization In Tunisia, the decades of Ben Ali’s secular regime had excluded religion from the public sphere. Its cascading effects have led Tunisia to have notably lower religiosity than other Middle East and North Africa (MENA) countries with the proportion of people who said they were not religious increasing from 15% in 2013 to over 30% in 2018. The ousting of Ben Ali created political opportunities for Islamists, yet the secularizing impact of his two-decade-long regime remains a compelling explanation for the decline in religiosity between 2012-2018. Following the dissolution and drafting of a new constitution in October 2011, Tunisia no longer enforced secularism through repression. Surveillance, restriction, and harassment of Islamist activists that were previously practiced by the government ceased during the year. The new draft gave rise to Islamists to fight for power. In the months that followed the 2010-2011 revolution, several hundred imams were replaced, often by violent Islamists who accused the imams of having collaborated with the former Ben Ali regime. By October 2011, the Ministry of Religious Affairs announced that it had lost control of about 400 mosques.6 The “uncontrolled” classification means that a mosque’s imams were operating without the official authorization of the Ministry of Religious Affairs. In Tunisia’s new political landscape, the content of prayer services was also no longer controlled by government authorities, a step many Tunisians approved of and viewed as part of the new liberties acquired through the revolution. In 2014, secular parties edged out Islamists at the polls. In the October parliamentary elections, Nidaa Tounes, a secularist political party, won 85 seats compared to 69 for Ennahda, an Islamist political party. Veteran politician Mohamed Beji Caid Essebsi, the head of Nidaa Tounes and a former prime minister, was elected president in December. But turnout was lowest among the young, who ignited the Arab uprisings; among cities, the turnout was lowest in Sidi Bouzid, the birthplace of the uprisings that spread across the Middle East and North Africa. In 2016, Nidaa Tounes, the ruling secular party in Parliament, splintered. Ennahda founder Rachid Ghannouchi declared the Islamist party was abandoning political Islam. Amidst competition between Islamist and secular parties, when asked whether Turkey or Saudi Arabia is a better model for the role of religion in Tunisia’s government, 78% of Tunisians prefer the more secular Turkey, seeing it as a model for religion and politics. While the trends toward secularization during this period seemingly impact individual piety levels, the dominant controlled uncertainty factor holds greater significance, given that secularization has not been exclusive to this period and has prevailed since the era of Ben Ali. Despite the freedom of Islamist parties to enter political life, the government’s loss of control over regulating mosques, and new liberties granted toward religious freedom, levels of non-religiosity still prevailed. Political Islam In contrast to secularization efforts during Tunisia’s political transition, the country simultaneously experienced concerted efforts from Islamists to increase the role of religion in politics. During this period, the presence of political Islam coupled with economic and political insecurities might have led individuals to deviate from religious commitments as they witnessed greedy power grabs from both Islamists and secular parties who employed religion as a political instrument. From January to October 2011, an interim government moved toward reform, recognizing new political parties and disbanding Ben Ali’s party. On October 23, Ennahda, a moderate Islamist party, won the national elections and formed a coalition government with two secular parties. Ennahda first emerged as an Islamist movement in response to repression at the hands of a secularist, authoritarian regime that denied citizens religious freedom and the rights of free expression and association. In 2014, the new constitution incorporated mentions of Islam as the religion and culture of the Tunisian people while also establishing a state role for protecting freedom of religious worship and expression. Ennahda, formerly an Islamist movement, transitioned into a party of "Muslim democrats," distancing itself from the label of "Islamism" due to negative associations with radical extremism. This shift reflects a strategic response to counter the misinterpretation and abuse of Islam by radical groups like ISIS, positioning Ennahda as a moderate political force advocating for democratic principles. Ennahda’s re-labelling as “Muslim democrats” reflects frustration with outsiders not understanding its supposedly true democratic nature which may have resulted in individuals associating their challenges with these religious changes in governance and frustration with religion being politicized. Today, Tunisians are less concerned about the role of religion than about building a governance system that is democratic and inclusive and that meets their aspirations for a better life. However, the interplay between political Islam and religiosity is tied to perceptions of uncertainty. The prevalent economic hardships—regardless of the presence of political Islam—left Tunisians uncertain about the future. In 2011, 78% of Tunisians expressed optimism that the economy would improve to some extent within the following 2-3 years. However, by 2018, this hope had significantly dwindled, with only 33% of Tunisians maintaining confidence in a better economic outlook over the same timeframe. Case of Egypt Egypt stands as a prominent example of a country profoundly affected by the events in Tunisia. The success of the Tunisian Revolution in ousting President Zine El Abidine Ben Ali provided a template for dissent, inspiring Egyptians to rise up against the longstanding rule of President Hosni Mubarak. The images and narratives of Tunisian protesters challenging authoritarianism and demanding change resonated with Egyptians, fueling their own aspirations for political reform and social justice. In Egypt, decades of corruption, police brutality, media censorship, unemployment, and inflation led labor and youth activists, feminists, and individual members of the Muslim Brotherhood to protest. From the occupation of downtown Cairo’s Tahrir Square, to labor strikes, acts of civil disobedience, clashes with armed forces, and others, violence between protestors and the police resulted in hundreds of deaths and thousands of injuries. The wave of organized protests gained momentum following the oustings of Presidents Hosni Mubarak and Mohamed Morsi in 2011 and 2013, respectively. These pivotal events demonstrated to Egyptians that mass mobilization could be an effective means of addressing the longstanding issues they had endured. Despite Mubarak's lengthy rule from 1981 until his departure in 2011, previous protests had proven ineffective in leading to his resignation. However, the timely catalyst provided by Tunisia's Revolution ignited a sense of urgency among Egyptians, inspiring them to seize upon the pan-Arabist phenomenon sweeping the region. This newfound determination empowered Egyptians to confront their decades-long grievances head-on. Egyptians, seeking an immediate end to enduring abuse and corruption, embraced large, organized protests despite harsh governmental crackdown and threats of death. Their perception of the uncertainty faced during this period appeared to be remedied by protests and political changes, thereby diminishing the role of religion to a secondary position. The Egyptian case took advantage of the momentum that the Tunisian revolution brought, making it unique to examine the intricate relationship between their resistance and the decline in religious commitment, challenging the notion that religious avenues are the primary recourse during times of political instability. Controlled Uncertainty Egypt has been an authoritarian government since 1952 with periodic revolts and unrest. The causes of the 2011 protests against Mubarak also existed in 1952, when the Free Officers, who led the Egyptian Revolution of 1952, ousted King Farouk. Issues such as inherited power, corruption, under-development, unemployment, and unfair distribution of wealth have persisted as constants in Egyptian life since 1952. Successive Egyptian regimes have systematically used repression to ensure order. The authoritarian barter “bread and security for freedom” has been widely disseminated along with the notion that the country was not yet ready for democracy. Egypt has long grappled with a systemic pattern of human rights abuses and repression embedded in its governance, prompting citizens to attribute their crises directly to the government. While these challenges have persisted since 1952, worsening economic conditions, government corruption, and Mubarak’s rule, coupled with the influence of the Arab Spring ignited by the events in Tunisia, led Egyptians to unite in similar protests in 2011. The momentum from Tunisia became a catalyst, empowering Egyptians to engage in hands-on initiatives challenging Mubarak’s authoritarian government. President Hosni Mubarak's regime was also repressive, but opposition groups had more space for political activism compared to Tunisia, which lacked a traditional history of political dissent. Mubarak’s regime escalated violence against protesters significantly as protests enlarged with the anticipation of Mubarak’s resignation. Pro-Mubarak demonstrators targeted journalists, and, in what became known as the “Battle of the Camel," plainclothes policemen rode into Tahrir Square on camels and horses to attack unarmed protesters. The issuing of laws restricting public assembly allowed security officials to ban protests up to their discretion and were consequently allowed to use indiscriminate force on defying protestors. Egyptians mobilized protests in diverse ways and when they were repressed through laws restricting public assembly or with increasingly violent police responses, organized protests grew larger and more inflamed. Messages were picked out in stones and plastic tea cups, graffiti, newspapers and leaflets, and al-Jazeera's TV cameras which broadcast hours of live footage from the square everyday. When one channel of communication was blocked, people tried another. Mubarak had grown fearful of the protestors’ relentlessness—first pledging to form a new government, then promising not to seek another term in the next elections, and later becoming increasingly defiant about not stepping down—all the while asking protesters to return to normal. Eventually, Mubarak was forced to step down and the Supreme Council of Egyptian Armed Forces (SCAF) assumed leadership of the country on February 11, 2011. Protests still endured; during March and April 2011, SCAF granted a number of concessions to protesters’ demands in an effort to clear the streets of continued demonstrations. Human Rights Abuses Mubarak’s regime initially responded to the protests with brute force and tear gas, beating and arresting protesters. The regime responded to later increases in protest mobilization by shutting down internet service and mobile phone text messages, replacing regular police forces with the military, and imposing a curfew. This exemplifies a cycle of human rights abuses that not only heightened violent responses but also fueled additional protests, as Egyptians became increasingly outraged. Egyptians faced constant repression and abuse for decades under Mubarak’s rule, and used religious commitment as a coping mechanism before Tunisia catalyzed the Arab Spring, bringing newfound hope that Egyptians could better their circumstances. Since 2013, the military and security-led regime has reinstated its control over society and citizens with an iron fist, curtailing freedom of information and banning freedom of expression. Peaceful political participation and civil society activism, which were the pillars of the January uprising, have been de facto outlawed by the adoption of an arsenal of undemocratically spirited and restrictive laws. Protesting was costly and these laws banning public assembly made it much more risky for Egyptians to participate in protests, but the momentum of the revolution had assured individuals that there would be large turnouts, therefore bolstering their confidence in protesting as a means to confront the military and security-led regime. Egyptians, fueled by the momentum of their revolution and triggered by the ousting of Mubarak and Morsi, found empowerment in protesting. The logical nature of their efforts heightened hope for the future, as each overthrow or victory seemed to validate their path to stability. The move against Morsi deepened the political schism. Millions of Egyptians had taken to the streets against Morsi, but large numbers also protested the ousting of Morsi. A crackdown by security forces killed hundreds and Egypt declared a state of emergency. The emergency measures allowed security forces to detain people indefinitely for virtually any reason. They also granted broad powers to restrict public gatherings and media freedom. Gallup classifies respondents as thriving, struggling, or suffering, according to how they rate their current and future lives on a ladder scale numbered from 0 to 10 based on the Cantril Self-Anchoring Striving Scale. Egyptians gave their lives some of the worst ratings they ever have in the weeks leading up to former President Mohamed Morsi's removal from office. The 34% of Egyptians who rated their lives poorly enough to be considered suffering in June was up from 23% in January. Fewer than one in 10 rated their lives positively enough to be considered thriving. Role of Religion Becomes Secondary Fridays frequently became “days of rage” in Egypt and elsewhere because of the convenience of organizing would-be protesters during Friday prayers. Likewise, mosques themselves are often said to have served as organizational hubs for protest. Mosques functioned as a locus of anti-government agitation and logistical centers of preparation for demonstrations. While it may seem that protest activities at mosques contributed to an apparent increase in mosque attendance, thus suggesting elevated overall religious commitment, these places of worship primarily assumed roles as organizational centers during the peak of the protests, prioritizing logistics over prayer and religious services. Although, of course, mosques and Friday services were still attended for customary reasons, the dual functionality of the mosque introduced secular competition as highlighted earlier in the Theory section. Individuals are confronted with the dilemma of choosing between prayer and protest. Protest is a costly behavior that becomes progressively less risky as the number of participants increases. Hence, overall Mosque participation during the height of mass protests between the overthrow of Mubarak in 2011 to the beginning of El-Sisi’s presidency in 2014, declined. Prior to the Arab Spring, strength in religious beliefs were at high levels: the belief that things would be better if there were more people with strong religious beliefs decreased from 89.8% in 2005 to 83.4% in 2013. Additionally, the percentage of individuals with the belief that religious faith is an important quality in children decreased from 47.1% in 2005 to 27.7% in 2013. Muslims who say they attend the mosque at least some of the time decreased from around 85% in 2012-2014 to 75% in 2018-2019. Secularization In Egypt, as the regime experienced waves of regime changes and upheavals, the period between 2012-2016 witnessed efforts toward constitutional reform emphasizing the protection of civil liberties, the separation of powers, and the establishment of a democratic system of government. While Islam remained the state religion, the constitution also guaranteed freedom of religion and prohibited discrimination based on religion. The constitutional assembly was almost entirely composed of Islamists (Muslim Brothers, Salafis, and independent Islamists). Dozens of articles addressed individual rights and liberties of Egyptian citizens, which was more than the number of articles mentioning Islam. By enshrining these goals in the constitution, the government was held accountable, making failure to fulfill its constitutional obligations not just an act of inefficiency but anti-constitutional. Examples include Article 61, which demands to eradicate illiteracy within ten years; Article 66, which requires the state to provide opportunities for sports and physical exercise; and Article 184, which instructs the state to assimilate living standards across the country. While Islamist groups participated in the drafting of the constitution, the outcome reflected a broader commitment to democratic principles and social reforms driven by the demands of the people. In 2013, Abdel Fattah el-Sisi ousted Morsi and campaigned for the presidency on an anti-Islamist platform. He deemed the Muslim Brotherhood a terrorist organization, imposing restrictions on their operations and political activities. Liberals called the Brotherhood’s vision for Egypt “totally contradictory with the Egyptian national character,” which they argued respected pluralism of religion and the separation of religion and politics. The banning of the Muslim Brotherhood has likely contributed to the loss of faith in Islamist parties. El-Sisi also claimed that ‘the religious discourse in the Islamic World has lost the values of humanity in Islam’ and rejected the idea of an Islamic state. When he won the presidency in 2014, many moderate Muslims supported El-Sisi because he had taken a clear stand against Islamist radicalism and expressed a genuine desire to support a peaceful understanding of Islam. And in 2018, when El-Sisi ran again, he was re-elected with 97 percent of the vote, although the turnout was low and he faced virtually no competition. The crackdown against human rights defenders and independent rights organizations have made effective monitoring of the elections extremely difficult, especially with the number of organizations that were granted permission to monitor the elections being 44 percent fewer than in the last presidential election in 2014. This has resulted in elections facing criticism for not meeting the standards of a free and fair democratic process. This can also suggest that through negative partisanship, or the phenomenon of individuals forming their political opinions based on their opposition to certain individuals or parties, people viewed El-Sisi as either the best among limited options or endorsed his secularization efforts. Political Islam When governments weaponize a religion that the majority of their populations affiliate with, it is reasonable to link political Islam and individual piety to assert that piety levels and overall religiosity may decrease. This is a competitive argument because perceptions of Islam are directly shaped by how their governments implement Islamic laws, often at the expense of neglecting the needs of the people. Individuals are increasingly witnessing religion being wielded as a political tool. On one hand, they are promised welfare services in the name of Islam, while on the other hand, their repression is justified through the manipulation of Islamic texts. While El-Sisi initially presented himself as anti-Islamist, appearing on stage with the Coptic Pope, the Sheikh of Al-Azhar (the country's most esteemed institution of Islamic learning), and Galal al-Murra, a prominent Salafist, following the overthrow of President Mohamed Morsi, he privately holds conservative Islamic views. In A 2006 paper that Sisi wrote for the U.S. Army War College, he argued that democracy in the Middle East could only be of an Islamic nature, and that Islam provides the intellectual framework for his political beliefs. In addition, in 2011, when crowds protested against the military for imposing “virginity tests” on female protesters, Sisi declared that it was his responsibility to “decide if [protesters] were honorable.” However, the fluctuating influences of political Islam in Egypt between 2012-2018 indicate that it is not a strong enough condition on its own for political instability to decrease religiosity. Even the most liberal Egyptian party in 2012, the Free Egyptians Party, publicly defended a constitutional clause making the principles of Sharia the source of legislation. Even when the dominant strategy of the incumbent government was to combat political Islam—as has been the case since July 2013—the formal discourse of President El-Sisi included frequent mentions of the Qur'an and Hadith.33 The Muslim Brotherhood witnessed a consistent rise in support from July 2011 to February 2012 at 63%, followed by a sharp decline in April 2012 to 42%. Prior to the Brotherhood’s rise to power, many believed that its political inclusion would lead to its democratization and moderation. Throughout the eighteen days of demonstrations in January and February 2011 that toppled Mubarak, Brotherhood leaders were aware that the protests were not dominated by Islamist ideas but rather oriented toward the broad goals of freedom and social justice. As a result, Brotherhood leaders were deliberate in their strategies to appeal to voters by not expressing their Islamist views too overtly. This deception was caught on by Egyptians. Nevertheless, between 2011 and 2013, the old state chose to cooperate with Islamists, including the Brotherhood, to neutralize the revolutionary mood in the country. After coming to power, the Brotherhood quickly lost support among the main recipients of its social welfare network: the poor. The Brotherhood’s relationship with the poor was entirely clientelist and was concerned exclusively with creating an electoral base as opposed to developing a more substantive ideological or political relationship. It preferred to reproduce poverty as long as it translated into welfare recipients and, by extension, loyal voters. However, the strength of the argument that the presence of political Islam decreases religiosity diminishes when considering the current scenario, where political Islam exerts even more influence, and yet, religiosity has increased. This discrepancy suggests that the dynamics between political Islam and religiosity are subject to evolving perceptions of uncertainty. During the height of the revolution, Egyptians may have perceived their uncertainties about the future differently, driven by a sense of optimism and the belief in activism. In contrast, the present disillusionment with uncertainties about the future may be contributing to an enhanced role of religion in their lives. The increased religiosity could be a response to the perceived inadequacy of political solutions to address current challenges, prompting individuals to turn to religion as a source of guidance in times of persistent uncertainty. Conclusion I have posited that the conditions of political instability that decrease religiosity are controlled uncertainty and the secondary role of religion. When individuals are presented with concrete solutions to address challenges they attribute to their political circumstances, these solutions will assume greater significance than religious commitment. And when individuals lack access to these tangible solutions and experience disillusionment about the future, religious commitment tends to increase. The pivotal factor in this dynamic is individuals' perception of the future, and this analysis delved into how these perceptions manifested and endured during periods of political instability. Consequently, the outcome is a demotion of religion to a secondary role in individuals' lives, outcompeted by favorable solutions that emerge from the uncertainties they face. It's noteworthy that Egypt has faced challenges since the Mubarak regime, raising concerns about the possibility of a new Arab Spring. Despite the ongoing deterioration of human rights conditions, the intensity that characterized the Arab Spring has diminished. Reflecting on the revolution has yielded diverse opinions, with some viewing it as a success while others perceiving it as a failure. Although repression in Egypt may arguably be more severe today, the period between 2011 and 2016 marked a distinct phase. The ongoing debates surrounding the success or failure of the initial Arab Spring make it seem improbable for a similar movement to occur. Despite the immediate changes following the revolution, both Egypt and Tunisia continue to grapple with longstanding grievances. Tunisia, in particular, is confronted with economic challenges, with approximately 6,000 Tunisians joining ISIS, marking the highest per capita rate globally. Tunisians became disillusioned with post-revolution politics, especially well-educated youths, who experienced unemployment at extremely high rates. Despite the gradual political progress seen over the past seven years, economic rewards have yet to emerge, spurring some to radicalize. Some remaining questions that emerge are: Do individuals revert to heightened religious commitment after resolving political instability, or does the influence of tangible solutions have a lasting impact on their religious commitment? 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Tunisia: National Conditions and Views of the Future,” Pew Research Center, accessed December 14, 2023, https://www.pewresearch.org/global/2012/07/10/chapter-6-tunisia-national-conditions-and-views-of-the-future/ . [27] Elizabeth R. Nugent, After Repression: How Polarization Derails Democratic Transition (Princeton University Press, 2020), 229. [28] Esen Kirdiş, “Uncertainty and the Religious Market: The Unexpected Rise of Salafism in Egypt and Tunisia after the Arab Spring,” Journal of Church and State, (March 2020), https://academic.oup.com/jcs/article/63/1/23/5801163 . [29] “Arabs are losing faith in religious parties and leaders,” Arab Barometer, accessed December 14, 2023, https://www.arabbarometer.org/2019/12/arabs-are-losing-faith-in-religious-parties-and-leaders/ . [30] “Tunisia Timeline: Since the Jasmine Revolution,” United States Institute of Peace, accessed December 14, 2023, https://www.usip.org/tunisia-timeline-jasmine-revolution . [31] “The Arab world in seven charts: Are Arabs turning their backs on religion?,” BBC, accessed December 14, 2023, https://www.bbc.com/news/world-middle-east-48703377 . [32] Refworld, "United States Department of State: Country Reports on Human Rights Practices for 2012 - Tunisia," accessed April 17, 2024, https://www.refworld.org/reference/annualreport/usdos/2012/en/87501. [33] "The Radicalization of Tunisia's Mosques," Combating Terrorism Center at West Point, accessed April 17, 2024, https://ctc.westpoint.edu/the-radicalization-of-tunisias-mosques/ . [34] “Tunisia Timeline: Since the Jasmine Revolution,” United States Institute of Peace, accessed December 14, 2023, https://www.usip.org/tunisia-timeline-jasmine-revolution . [35] “Chapter 6. Tunisia: National Conditions and Views of the Future,” Pew Research Center, accessed December 14, 2023, https://www.pewresearch.org/global/2012/07/10/chapter-6-tunisia-national-conditions-and-views-of-the-future/ . 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[41] Arab Barometer, "Tunisia Public Opinion Report 2018-2019," accessed April 17, 2024, https://www.arabbarometer.org/wp-content/uploads/ABV_Tunisia_Report_Public-Opinion_2018-2019.pd f. [42] "Arab Spring: Egypt," Religious Literacy Project, Harvard Divinity School, accessed April 17, 2024, https://rpl.hds.harvard.edu/faq/arab-spring-egypt . [43] Daron Acemoglu, Tarek A. Hassan, Ahmed Tahoun, “The Power of the Street: Evidence from Egypt’s Arab Spring ,“ MIT Economics, (February 2016): 1-32, https://economics.mit.edu/sites/default/files/publications/The%20Power%20of%20the%20Street%20-%20Evidence%20from%20Egypts%20Ara.pdf . [44] Amr Hamzawy, “Authoritarian Narratives and Practices in Egypt,” JSTOR, (2022): 32, https://www.jstor.org/stable/10.3998/mpub.12237894.8?seq=6 . [45] Elizabeth R. Nugent, After Repression: How Polarization Derails Democratic Transition (Princeton University Press, 2020), 233-234. [46] Internet role in Egypt's protests,” BBC, accessed December 14, 2023, https://www.bbc.com/news/world-middle-east-12400319 . [47] Elizabeth R. Nugent, After Repression: How Polarization Derails Democratic Transition (Princeton University Press, 2020), 234. [48] Internet role in Egypt's protests,” BBC, accessed December 14, 2023, https://www.bbc.com/news/world-middle-east-12400319 . [49] Amr Hamzawy, “Authoritarian Narratives and Practices in Egypt,” JSTOR, (2022): 26, https://www.jstor.org/stable/10.3998/mpub.12237894.8?seq=6 . [50] “Egypt Timeline: Since the Arab Uprising,” United States Institute of Peace, accessed December 14, 2023, https://www.usip.org/egypt-timeline-arab-uprising . [51] Gallup, "As Morsi Ousted, Egyptians Suffer From Political, Economic Hardships," accessed April 17, 2024, https://news.gallup.com/poll/163877/morsi-ousted-suffering-shot-egypt.aspx. [52] Michael Hoffman and Amaney Jamal, “Religion in the Arab Spring: Between Two Competing Narratives,” The Journal of Politics, Vol. 76 No. 3, (2014): 593-606. [53] Michael Hoffman and Amaney Jamal, “Religion in the Arab Spring: Between Two Competing Narratives,” The Journal of Politics, Vol. 76 No. 3, (2014): 593-606. [54] “Public Opinion (Egypt),” The Association of Religion Data Archives, accessed December 14, 2023, https://www.thearda.com/world-religion/national-profiles?u=73c . [55] “Arabs are losing faith in religious parties and leaders,” Arab Barometer, accessed December 14, 2023, https://www.arabbarometer.org/2019/12/arabs-are-losing-faith-in-religious-parties-and-leaders/ . [56] United States Institute of Peace, "Egypt's 2012 Constitution," accessed April 17, 2024, https://www.usip.org/sites/default/files/PB139-Egypt%E2%80%99s%202012%20Constitution.pdf . [57] Elizabeth R. Nugent, After Repression: How Polarization Derails Democratic Transition (Princeton University Press, 2020), 240. [58] “Is the MENA Region Becoming Less Religious? An Interview with Michael Robbins,” Arab Barometer, accessed December 14, 2023, https://www.arabbarometer.org/2020/04/is-the-mena-region-becoming-less-religious-an-interview-with-michael-robbins/ . [59] “Major Points from Sisi’s First Election Interview,” Carnegie Endowment For International Peace, accessed December 14, 2023, https://carnegieendowment.org/2014/05/08/major-points-from-sisi-s-first-election-interview-pub-55542 . [60] “Top 10 reasons why many Egyptians will vote for Sisi,” Aljazeera, accessed December 14, 2023, https://www.aljazeera.com/opinions/2014/5/25/top-10-reasons-why-many-egyptians-will-vote-for-sisi . [61] “Egypt Timeline: Since the Arab Uprising,” United States Institute of Peace, accessed December 14, 2023, https://www.usip.org/egypt-timeline-arab-uprising . 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- Personal and Social Identity | brownjppe
Divisive Identities: Exploring the Interplay of Personal and Social Identities Ella Neeka Sawhney Author Aimee Zheng Faith Li Editors I. Abstract Personal and social identity, whilst existing as two different entities, combine and interact to form our overall individual identities. Personal identity centres around how an individual’s fundamental beliefs and commitments are shaped by their personal experiences, whilst social identity arises from one’s belonging to various social groups, including one’s social relationships. This essay juxtaposes arguments from Amartya Sen and Bikhu Parekh to argue that our personal and social identities are profoundly intertwined and thus should not be viewed as separate from one another. By drawing on theoretical frameworks and real-life examples, I demonstrate how Parekh’s model offers a comprehensive and nuanced understanding of individual identity which encompasses personal and social dimensions as dynamic entities. Thus, through a critical examination of Parekh’s model and Sen’s respective criticisms, this essay concludes that Parekh’s model, by acknowledging the plurality and diversity of identities as well as the complex interplay between personal and social identities, provides a robust defence of individual identity as comprised of personal and social identities, expertly addressing concerns raised by Sen. II. Introduction Classical problems within this idea of personal identity can be categorised into families. For instance, the persistence problem and the personhood puzzle both focus on questions regarding the continuity and ethical implications of self-identity. I choose to concentrate on ‘The Characterisation Question’ which delves into what comprises our personalities. This question is important as it is one that we grapple with daily, permeating all aspects of our lives. Specifically, I focus on the debate between Parekh and Sen, as I find this debate to have strong implications for understanding individual identity In this essay, I investigate Parekh’s twofold model of individual identity, scrutinising its effectiveness in addressing the concerns raised by Sen. My thesis contends that through his emphasis on plurality and diversity, Parekh efficiently responds to Sen’s concerns about the divisive potential of social identities, ultimately undermining Sen’s criticisms. First, I explore the intricacies of the concept of philosophical (including both personal and social) identity. Next, I explain Parekh’s model and juxtapose it against Sen’s criticisms. I then evaluate whether Parekh’s theory can escape Sen’s criticism of dogmatic sectarianism. Lastly, I debate Sen’s critique of over-conformity to social roles as a result of combining social and personal identity. Prima facie, our identity addresses the ubiquitous question ‘Who am I?’, encompassing the beliefs, ideas and qualities that shape a person’s character. Yet, philosophical identity, namely individual identity, explores the intricacies of how an individual may deduce their identity from their various distinctive features. This individual identity is what “distinguishes” (Parekh, 2009, p. 267) agents, functioning as a “predicate” (Sollberger, 2013) used to describe specific attributes of a subject and identify its differentiators. Individual identity comprises two components: personal (shaped by one’s personal life experiences) and social (arising from one’s belonging in groups or a relationship), according to Parekh (2009). By examining personal identity one can better understand and analyse ‘The Characterisation Question’: ‘What is it that makes me the unique individual I am?’, a question originally termed by Schechtman (2007) who presented ‘The Characterisation Question’ as: “The question of which beliefs, values, desires, and other psychological features make someone the person she is.. [it] concerns identity in the sense of what is generally called… an ‘identity crisis’” (p. 1) My analysis of ‘The Characterisation Question’ throughout the remainder of this essay investigates the features which define one’s personal identity and how they render a person differentiable from others. Moreover, viewing personal identity as “contingent and temporary” (Olson, 2023) suggests that one’s definition of self changes throughout one’s lifetime. For example, an only child’s identity shifts when becoming an older sibling, following their younger sibling’s birth. Hence, personal identity evolves alongside changing exogenous factors and is influenced by introspective processes, such as changing religious beliefs. III. Parekh’s model Parekh’s (2009) model of “overall” (p. 268) identity, alternatively referred to as individual identity, encompasses both personal and social identity. Parekh’s concept of personal identity centres around how an individual’s “fundamental beliefs and commitments” (ibid., p. 267) shape their perceptions of the world and their role within it. This recurrent journey of “self-definition” (ibid., p. 268) permits individuals to make sense of their convictions, including values, beliefs and opinions, thus developing their inner comprehension of personal identity. Moreover, Parekh describes social identity as a key aspect of individual identity, arising from one’s belonging to various social groups. He interprets social identity as “inherently plural” (ibid., p. 267), acknowledging its multi-layered influence on a person’s identity. Social identity includes relationships and groups a person feels they belong to, which play a crucial role in shaping their self-perception. Hence, these interconnected layers contribute to one’s personal identity, allowing social identity to, more broadly, impact individual identity. Yet, an interpretive challenge lies in Parekh’s vague explication of the relationship between personal and social identity, leaving the permeability of the boundary, and the extent of their interaction unclear. These ambiguities in Parekh’s model make it difficult to interpret how personal and social identities coalesce. This is showcased in Parekh’s example of the two teachers: “For one it is nothing but a job that she would readily give up if she got a better one”, for the other “being a teacher means a great deal to her. She identifies with it, sees it as an integral part of who she is and would not even dream of giving it up” (ibid., p. 274) Here, the first teacher is mechanically fulfilling their role, while the other integrates teaching into their personal identity. This quote illustrates the challenge of unravelling the complex, and deeply intertwined web of overlapping personal and social identities. The interpretive challenge concerning Parekh’s claim that may arise here is how individuals navigate their identities and to what extent their social identities integrate into their overall identities. Thus, I acknowledge that there are some tensions within Parekh’s view that are slightly contradictory. Namely, when comparing this difficulty in interpreting Parekh’s view of the interaction between personal and social identities with Parekh’s persistent assertion that our personal and social identities are inherently linked, inconsistencies arise. This is something that I shall discuss further in my discussion of ‘dogmatic sectarianism’. IV. Sen’s concerns Sen (2009) presents three key objections to Parekh’s model of personal and social identity which I outline below: The proposition that “a change in social affiliation would make one a different person altogether” is flawed. Our personal identity shouldn’t be “combinable” with our social identity as our social identities can change, without our overall identity changing (p. 286). “One’s personal identity is not threatened by one’s decision to depart from the activities of others belonging to the same group.” Moreover, over-emphasising our social identity results in a lack of reasoning and mutual understanding between members from different groups (p. 287). “Once the priority of a social affiliation is accepted as an integral part of one’s ‘overall identity’, something substantial is lost.” This leads to a person’s lack of deviation from their group’s views and affiliations (p. 288). Sen critiques Parekh’s viewpoint on the combinability of personal and social identity. Specifically, he faults Parekh for overemphasising the impact of social identity on overall identity, asserting that his view is likely to foster dissent hence contributing to societal divides. Sen (2007, pp. xiii-xiv) further encourages the separation of our social influences from our personal decisions. This derives from his argument that a singular or “dominant” social “classification” may hinder deviation from one’s societal or cultural norms, impeding personal decision-making abilities. He stresses that acknowledging our “pluralit[y] of identity” prevents rigid adherence to social groups so that our personal decisions are not entirely dictated by them. A. Dogmatic sectarianism A key feature of Sen’s (2009, p. 286) first criticism is that Parekh’s model is illogical in strongly combining personal and social identity because this view suggests that a change in social affiliation will result in an entire change of personality. Thus, Sen reasons that, according to Parekh’s model “a change of social affiliation would make one a different person altogether” (ibid.). From this, Sen asserts that a likely consequence is the emergence of “dogmatic sectarianism”, meaning that individuals unwaveringly adhere to a strict set of beliefs which often leads to ignorance towards the views of other groups. This creates a lack of willingness to deviate from these norms, as well as ignorance towards and dismissal of other groups’ perspectives, breeding intolerance and hindering understanding between groups. I applaud Sen for identifying the dangers of dogmatic sectarianism. Specifically, he recognises a person’s reluctance to stray from their group’s collective views can foster strong antagonism towards outsiders with different opinions. For Sen, one must separate their personal and social identities to prevent this phenomenon. He asserts that through uncoupling one’s personal and social identity, one can retain a part of their social identity and remain associated with that social group without sacrificing one’s entire personal identity. Hence, Sen warns against Parekh’s model which arguably sees individuals as rigidly tying their personal identity to their social identity. An example supporting Sen’s reflections involves the separation of personal identity from religious affiliations, which falls within social identity. The consolidation of personal and social identity can lead to “sectarian violence” (ibid., p.287). Per Sen’s second criticism: individuals overly emphasise their religious identity and struggle to find areas of agreement or understanding with other religious groups. This is evident in the Northern Ireland conflict; a strong ethnoreligious divide which created a divergence between Catholics and Protestants (Ferguson, 2016). For the Northern Irish, this rigid adherence to religious groups blurred the lines between religious and social identity, fuelling violence and hostility between them. The entrenchment of religious identity within personal identity demonstrates the risk of overly combining personal and social identities, creating a scenario where separation becomes nearly unattainable. Moreover, one must acknowledge that Sen does not assert that dogmatic sectarianism is an inevitable result of combining personal and social identity. Instead, it is only a possibility that poses a significant threat and should be avoided. Thus, he envisions more than one potential outcome of combining personal and social identity, demonstrating his open-mindedness and nuanced analysis. However, I find that Parekh’s flexible and plural model can escape Sen’s criticism of dogmatic sectarianism. This is because Parekh’s (2009) emphasis on plural identities and his encouragement towards the usage of “plural perspectives” (p. 276) prevents the dominance of one single identity. Parekh’s interpretation allows a person to recognise different aspects of themselves, which combine to influence their overall identity. Sen fails to recognise the potential of Parekh’s model and emphasis on “plural identities” to counteract any dangers of dogmatic sectarianism. Under closer examination of Parekh’s model, his awareness of plural identities can provide an alternative solution to Sen’s criticisms, thus demonstrating his model’s versatility and robustness. Parekh’s ability to respond to Sen’s criticism can be demonstrated by applying his model to the aforementioned example of the Northern Irish conflict. Taking a more pluralistic approach, one can see that his model does not succumb to the pitfalls of dogmatic sectarianism. If Northern Irish citizens embraced a pluralistic understanding of their identities, recognising their shared nationality in addition to their differing religious affiliations, conflict might have been reduced. Thus, mutual recognition of plural social identities allows Parekh to maintain his argument of multifaceted and inter-connected personal and social identities, defying Sen’s criticism that Parekh’s model encourages rigid and unfaltering social divides. Therefore, Parekh expertly responds to Sen’s criticism of dogmatic sectarianism as his pluralistic emphasis and encouragement to recognise our own diverse social identities counteracts Sen’s concern that tying personal and social identities fosters inflexibility. B. Over-conformity and Combinability of Social and Personal Identity Sen’s third point criticises Parekh’s model for its over-emphasis of social identity when combined with personal identity. He argues that excessively coupling our personal identities to societal and cultural norms, renders our personal identity secondary. Consequently, people become compelled to strictly adhere to their social norms, constituting a loss of their personal sense of self. Sen (2009) criticises the apparent “reductionism” of a person’s identity to one aspect of their social identity such as their ethnicity or nationality, (p. 288) which, as Sen believes, arises from combining personal and social identities At first glance, Sen’s argument seems logically valid as over-conforming to one affiliation could correspond with disregarding other aspects of one’s overall identity. Sen terms this “epistemic failure” (ibid.) whereby people cannot understand certain aspects of their identity because one affiliation has taken priority. He illustrates this with the example of different groups such as ‘British Muslims’ in which over-emphasising religious identity “miniature[ises] human beings and their many affiliations” (ibid.). This leads to a neglect of plural identifying elements beyond religion, whereby people are reduced to this “single category” (ibid.). Sen further demonstrates his argument by referencing British Bangladeshis who are merely “defined” (ibid.) as ‘British Muslims’. Although a majority of Bengalis in Britain are Muslim, this reduction disregards the distinct culture of Bengali individuals, which may be secular and not solely defined by their religion, demonstrating how combining personal and social identities oversimplifies the manifold nature of individual identity. Moreover, Sen’s argument is further developed by his assertion that over-simplifying our identities leads people to seemingly lose their innate autonomous abilities. By “reducing” (ibid.) one’s identity, it becomes very difficult for one to perceive their identity outside of their social categorisation, thus obfuscating decision-making and threatening individual autonomy. When an individual’s social affiliations determine their overall identity, they confine themselves to making decisions only within these affiliations. For example, women forced to conform to their societal gender role as homemakers may have to forgo personal endeavours that exist outside of the home. This demonstrates how over-emphasising gender as a social affiliation can confine women and prevent them from exerting their agency. However, I believe Parekh’s model withstands Sen’s criticism by recognising the complexity of our identity, where combined aspects of our identity influence decision-making. Particularly, he acknowledges that there is great “variation” (Parekh, 2009, p. 273) in our perception of what constitutes individual identity. Here, Parekh emphasises the diverse interpretations of our social identities which can be assigned varying importance to different aspects. He specifies people can “define and relate” (p. 274) to their societal roles in various ways, demonstrating an awareness that people may choose to identify with different social identities to varied extents. In the above example, British Muslims can challenge their simplistic categorisation by prioritising their religious identity differently. Consequently, Parekh’s model evades Sen’s criticism of over-conformity by acknowledging social identities as qualitative, rather than objective, with some holding greater significance. Sen argues that, in order to prevent over-conformity, individuals can and should completely separate their personal and social identities. Yet, I cannot deem this as feasible, as I believe that personal and social identity cannot be viewed as two separate entities; instead, they constantly combine and influence one another throughout our lives. Specifically, our personal values are often shaped by our social context and so aiming to separate this largely oversimplifies our complex human identity. For example, growing up adhering to the Sikh faith, I was taught the importance of seva (selfless service) and helping those less fortunate than myself. These values instilled in me a passion for charity and volunteer work, which have become an integral aspect of my personal identity. I thus find that my social identity as a Sikh is deeply intertwined with my personal values and I therefore find it inconceivable to attempt to separate them. Therefore, I find Sen’s proposed alternative to Parekh’s model–in which an individual must divide personal and social identities–incomprehensible in practice. V. Conclusion My essay explored Parekh’s twofold model of individual identity, focusing on its capability to respond to Sen’s criticisms. Firstly, I disputed Sen’s point of dogmatic sectarianism, articulating the ability of Parekh’s pluralistic framework to evade Sen. Next, I asserted that Parekh’s acknowledgement of the differing importance of each social identity refutes Sen’s claim that Parekh’s combined framework leads individuals to over-conform to their social identity above personal identity. Ultimately, I conclude that Parekh’s framework expertly responds to each of Sen’s concerns about the divisive potential of social identities. References Ferguson, N. a. (2016). Social Identity Theory and Intergroup Conflict in Northern Ireland. In Understanding Peace and Conflict Through Social Identity Theory (pp. 215-277). Springer, Cham. Olson, E. T. (2023, June 30). Personal Identity . Retrieved from The Stanford Encyclopedia of Philosophy: https://plato.stanford.edu/archives/fall2023/entries/identity-personal/ Parekh, B. (2009). Logic of identity. Politics, philosophy & economics , 267-284. Schechtman, M. (2007). Introduction . In The Constitution of Selves (pp. 1-3). Cornell University Press . Sen, A. (2007). Identity and Violence: The Illusion of Destiny. Penguin Books India. Sen, A. (2009). 285The fog of identity. Politics, Philosophy & Economics , 251-352. Sollberger, D. (2013). On identity: from a philosophical point of view. Child and Adolescent Psychiatry and Mental Health volume , Article number 29.
- Not In Use: The Captain and the Doctor | brownjppe
The Captain and the Doctor: On the Enchantment of Modern Men George LeMieux Author Alexander Gerasimchuk Fatima Avila Editors Though we be on the far side of the world, this ship is our home. This ship is England. Introduction Modern man is lost. He is not home to himself. He lacks the longings that great men once had. While Nietzsche, Rousseau, or Burke might better articulate or explore this problem, I intend to explore how it might be remedied, a possible antidote to our modern poison. From the Western canon, I have identified three such antidotes or rather three figures who might re-enchant the modern man, the man of the democratic age. They are the vanguard of Marx, the conqueror of Nietzsche, and the disciple, which is first constituted Biblically but later in Toqueville among others. I shall conduct this search through the metaphor of a ship’s captain, in this case, Captain Jack Aubrey as depicted in the celebrated series and film Master and Commander , which I will briefly outline. Before that outline is given, I will first justify this metaphor by the virtue of captaincy itself (despite the fact I would shoehorn this favorite film of mine into anything). Then in the aftermath, I will examine these three figures as our “captains.” In this examination, I hope to reveal that modern man may only be enchanted, or at least enchanted to humanity’s benefit, by a disciple. For our captain, only the disciple offers a path that does not self-destruct and looks beyond worldly motivation. A Metaphor Since there is a long and storied history of philosophers making use of the ship and other nautical nomenclature as metaphor for their sophisticated views on man, government, and what other nonsense comes to their minds, I see no reason to deviate from the tradition. For what is better than a ship with captain and crew? She, like her nation, must suffer through trial and tribulation, storm and battle. She must adjust her sails so that she catches the wind but not let loose so much as to rip her masts apart. She must have a rigid hull built to withstand cannon and carronade, but she must also have flexibility, lest the changing temperatures and humidity crack her hull. She must be led by a captain, strong and decisive in his command. Yet he must not be a tyrant. He must court the hearts of his men so that he may win their will. If not, his men will mutiny. The uninspired crew would have no other reason to entertain the otherwise insufferable conditions of life at sea. Indeed, I do think this will be a fitting metaphor. The Captain Captain Jack Aubrey of His Majesty's Royal Navy is a man caught between two worlds, between two times. Behind him is the aristocracy of old: kings, queens, lords, ladies, and government by the few for the many, at least ideally. In front of him stands modernity: merchants, naturalists, revolutions, counter-revolutions, Napoleon, the new world, America, and democracy. Such is the world of Captain Aubrey as depicted in Patrick O'Brian's novel and Peter Weir’s film Master and Commander: The Far Side of the World. Jack is a man of tradition. He respects the Crown. He reads his scripture. He loves his country. Jack’s hero is none other than Duke and Admiral Horatio Nelson, a brave and sturdy man who dies defending his love of king and country. And yet Jack sees his idols, his pillars crumbling. He has witnessed the chaos of the revolutions in France. He holds the Burkean sentiment that it is the modern radicals that “despise experience as the wisdom of unlettered men; [...] they have wrought underground a mine that will blow up, at one grand explosion, all examples of antiquity, all precedents, charters, and acts of parliament. They have ‘the rights of men.’” It is this modern threat with its rights and revolutionaries that is epitomized by the two foils of the film. The first foil is the Acheron —the ship of the modern age. She is at the forefront of naval technological advancement. Her hull is braced by three layers of live oak and white oak, making her near impenetrable for any ship of her class. She is the largest of any frigate built, able to carry more guns, yet also more aerodynamic, “heavier, but faster spite it” (Weir, Collee). In every way, she outclasses the H.M.S Surprise , Jack’s nimble but aging frigate. And where is the Acheron built? Boston. While Peter Weir had the financial sensibility to make the antagonist of the film French, i.e. Acheron , Patrick O’Brian’s ship was called U.S.S Norfolk . It is with this name that the dichotomy O’Brian intended is much clearer. It is the new world and the old world, His Majesty and Mr. President. And the new world is winning. The second foil is not a figure of oak and iron but of flesh and bone. Doctor Stephen Maturin is the ship’s surgeon and a savant of a surgeon he is. He is also a naturist, collecting, diagraming, and recording the various species he encounters on the ship’s voyages. Upon the ship’s travel to the Galapagos Islands, the parallels to the young Darwin are evident. More important, however, than any of this, he is Jack’s best friend. Despite sharing little common interest, much less a common worldview, Jack confides in Stephen what he confides in no one else. Stephen, in turn, voices his dissent to Jack, when no crew member nor officer would otherwise dare. He is both his greatest ally and greatest challenger. He is the check to Jack’s ambition and the prosecutor of his reason. He is the liberal to Jack’s conservatism. He echoes the voices of democracy, of the social contract, and the danger of tyrants. His respect for Jack comes not from his title or station but from how he leads, how he governs. It is Stephen who most quickly becomes the radical, the revolutionary, when Jack steps out of line. The Jack we see at the film’s beginning is willing to die on the hill of order and naval tradition. He is unable to see anything but the objective of his mission. Stephen and even the other officers are unable to go as far. To Jack’s credit, it is his daring and force of will, despite insurmountable odds, that makes him a great captain. In his pursuit of the Acheron , Jack takes risks that make his moves unpredictable and effective; his crew calls him Lucky Jack for a reason. But those risks do not come without their costs, even if Jack is lucky more often than he is not. Eventually, Jack carelessly pursues the Acheron into a storm and loses a man and a mast in the process. Still, Jack does not turn tail, despite Stephen’s pleas. He refits and refocuses. Only by the film's end does Jack reform and he does so not through reasoning but out of his friendship with Stephen. When Stephen is injured in an accident on board (a marine shoots him while aiming for a bird), Jack sends his ship ashore to one of the Galapagos islands instead of continuing his pursuit, likely to his detriment. This act of compassion, as it turns out, is the saving grace of the Surprise. Not only is the Acheron spotted on the far side of the island, but Stephen inspires Jack on how to capture her. While Jack's act of compassion does not separate him from his ideology, it reveals a complexity in his nature. In not letting his warrior-like nature subjugate the other parts of his conscience, Jack demonstrates his command of self, making him a good captain in more ways than one. His compassion for Stephen, despite their differences, allows him to occupy a middle ground between old and the new, between those of high and low station, between those conservative and radical. Despite their differences, Jack and Stephen end their days together with music, with a duet, playing the cello and violin as the Surprise sails into the sunset. Looking at this time and this day, in this new world, one must wonder if such bonding, such good feeling, such balance between the conservative and the liberal is possible. Every day the position of the radical, of the accelerationist, becomes more compelling even to the conservative. In America, the rigging and line that once held hull and sail together have frayed and torn, not in the harshest winds but in their daily use. The physical lines that once held men together are now virtual, connections in the cloud and the internet. These lines between men were once tangible things; now, there are few of these left. The conservative now must ask himself what he intends to conserve and if he is capable of such conservation. With conservatives far to the right, liberals far to the left, and a confused chasm in between, can those old ropes hold society together any longer? Perhaps, it is time to cut the rope. Perhaps, it is time for both right and left to become radical. Or, perhaps, there is faith to be had in those old ropes. Perhaps, there could be a man to renew their strength, reorganize them, and apply a fresh coat of tar to protect them. Perhaps, there might be a man who could tie new ropes without cutting away the old. Is there such a captain for this ship of modernity? Is there a Jack who can reason with the moderns, take heed of their desires but not be dragged off course? What does such a captain look like? The Captain’s Virtue Before one can talk of any mystical quality a good captain must have, one must first talk about his primary obligation, his duty, his vocation. For if this station is not sound in virtue, the metaphor is not fit for its goal. A captain, such as Jack, is the leader of a warship and of its crew. He would not be a good captain if he could not sail, navigate, or command the ship in battle. He must understand every part of his command and responsibility. It was for such reasons that those men who became captains most often started their time at sea from their early teens as Midshipmen, who were responsible for commanding gun crews of sailors twice their age. It is this good practice, of physical strain and tangible purpose, that makes the vocation virtuous. Virtue is not found in sophistry or the professing of morality but in good works and deeds. Both Rousseau and Marx recognized that the “sensible” men of the world are not the magistrates but the “workers” and the “people.” In this way, the captain is a unique station. It is a position that reaches downward to the grit and servitude that is required but reaches up toward order and inspiration. On one hand, a captain must stand amongst his sailors and with his marines facing the enemy, taking with them every shot fired, equally as likely to be impaled by shrapnel and splinter, equally as likely to take grapeshot from a swivel gun, equally as likely to take a cannonball straight through his gut. On the other hand, a captain must reach upward. He must engage in strategy, diplomacy, and negotiation. He takes his orders from admirals, parliament, and the King. He must, with his officers, stand apart and govern the crew, making sure he does not fraternize with them or become too social. He must whip those who are insubordinate. And it is he who gives the parting sermon after his men die in battle. The captain is both above and below, a man who mediates between king and country, between God and his men. Vanguard For Marx, the nature of our captain is clear. He must be a vanguard, a man who can reach from the high to the low, from bourgeois to proletariat, a man who has the means to lead the proletariat to “acquire political supremacy” and “ constitute itself the nation” (Marx 488). The vanguard can not be of the lower classes as they do not hold the means of production or own sufficient property. The vanguard will not be the bourgeois socialist who wants “all the advantages of modern social conditions without the struggles and dangers necessarily resulting from them.” That man would not lead nor fight in the “impending bloody conflicts” that the revolution requires. But the captain might. He, by virtue of his practice, gains access to the epistemic standpoint of the working man. He can call his men into battle because he will be in that battle himself, because he will stand in front, with pistol and cutlass in hand, because he knows their plight and their struggle. Yes, the captain might be the perfect vanguard, if he had the disposition and the courage required to lead the revolution. But no vanguard will heal or reinspire the whole nation. He will take the radicals he agrees with and burn the rest. The ideal vanguard may be the captain, the general, or some other man of higher but not so noble station, that comes down to act on behalf of the proletariat. But the unifying captain is, in the root of his position, opposed to such a severing. More fit, would be the treasonous first officer who leads a mutiny against the captain and the remaining loyal officers. To be a vanguard is to be a “slash and burn” farmer who wreaks devastation on the present vegetation so that the soil may be made fertile again. There will be no healing, under the vanguard. Conqueror Then perhaps the captain, who must fight to re-enchant our new world, must be a conqueror. The conqueror does not require a revolution, or at least not an ideological one, for the conqueror has no need for the traditional radical who operates on moral principles. He is not the vanguard who cries out to the poor that they must liberate themselves. The conqueror only asks for good men, inspired to fight for their home and fatherland, inspired to make something more of what they have been given. The conqueror rises in rank and comes to lead a nation because of his proven success on the battlefield. This captain inspires not because of his pleasant sailing or wise words but because he sinks ships. Nietzsche asks “[m]ust the ancient fire not some day flare up [...] More: must one not desire it with all its might.” Is it not blood that would surely wake the modern man from his slumber, wake the animal instinct inside of him? Perhaps the true conservative can only believe that “antiquity incarnate” arises through a conqueror, a superman, a Napoleon. And yet one must ask of Nietzsche, what is to happen after the conquest? What is to happen after one has conquered all he can or has been defeated? What was Napoleon to do, having failed in Russia? What was Alexander to do when he lay sick and dying in his bed? What is left to hold a nation together when the expansion has stopped and the wars have come to an end? How is a conqueror to at last govern his people? If the measure of man’s vitality is only to be strength and victory, then there will be no man who finds purpose in times of peace. When the soldier again becomes the carpenter after his service is done, he must now aspire to be the superman of carpentry. He must strike down all other table builders and door makers in his path if he is to achieve vitality. He will feel not for his fellow man, now that he does not need him to protect his flank or cover his advance. He will be a frustrated and lonely man, who, in his attempted rationalization to maximize his will and vitality, will frantically look around every corner to become the carpenter of all carpenters, betraying every man who gets in his path. Nietzsche might retort that one should not care for the carpenter, for all carpenters are weak men who failed to rise to a higher station. But if one is to build a society, does one not need the carpenter? Would it not be better to be his friend so that he may more willingly and caringly craft one’s furniture? Perhaps Nietzsche thinks that forcing the carpenter to build a chair would be better to maximize the will than to engage in normal transaction or to politely ask him. Society needs carpenters; a ship needs sailors. Neither will run well if every request is made out of threat or a difference in power. Sure power may be unequally distributed among men, and men will surely wield that power to their advantage, but every interaction need not be a Melian Dialogue . No unification of society, no mending of wounds, could ever take place in such a one-dimensional existence. Even if, for but a fleeting moment, conservative and liberal may be united by the fires of war, such a state is only temporary. While the ancient fires may rise again, they may just as quickly die. For all Napoleon was, how many more revolutions and fragile republics followed? There was no remnant of antiquity to build upon. Instead, it was democratic man who, upon the rubble of Europe, raised his new throne. In his time, Tocqueville correctly surmised that democracy would be here to stay: “I think that in the long run, government by democracy shall increase the real strength of society.” While “slave” in its morality, democracy is dominant in its presence. Its practitioners are no longer just the carpenters or even the priests; they are the captains, the generals, the senators themselves. While European antiquity lay unaware, the strength and size of America, of democratic power, grew. “Something that passed unnoticed a century ago now strikes the attention of all.” Now, antiquity not only lacks the popular momentum to overcome the democratic age, but it lacks the strength. If there is to be a man who rekindles the flame of the West, he will not be a conqueror who slays democratic man. He will be a democratic man himself. And What for God? Purposely absent from the mind of Marx’s vanguard and Nietzsche’s superman is the Kingdom of God. Nietzsche and Marx are the archetypes of, as John Courtney Murray would categorize them, “the postmodern atheist”. The post-moderns not only leave God out of their government, philosophy, and science as the moderns do; they actively strike Him out, act against Him, and demonstrate how He cannot exist. The postmodern is offended that a God could exist and (in Marx’s case) allow for so much scarcity, so much evil, or (in Nietzsche’s case) deprive man of his freedom, the will, that makes man human. God, if he exists, is either a tormenter, imprisoner, or both. Nietzsche further declares that the morality man claims to have derived from God, the morality of the Christian and the Jew is the greatest perversion of the natural order: strength and weakness. Good and evil, concepts of vengeful weaklings, invert the true “morality” by which man once lived and should live again. Of Marx’s and Nietzsche’s cases, Nietzsche’s is the stronger. When one eliminates God from the worldly equation, one must also eliminate the morality that came with Him. Marx may claim scarcity is the great evil, but this concept of evil only comes through sympathy for the suffering of others. What is the evil of inequality or greed or a dominant bourgeois class if there is no concern for fellow man? From where does the humanist goodness, ascribed by Marx to the elimination of suffering, originate? Without an order, ordained above and outside by divine authority, there can be no objective good. No worldly cosmodicy is sufficient to prove an objective good. If one’s ultimate goal is “good” for the nation, one cannot look to Nietzsche for a cure; the concept of good is, in fact, part of the disease. But if one looks to Marx, one cannot find a source of good. Therein, the postmoderns are fruitless. And democratic man seems to agree. The true moral plague is that democratic man is not looking for goodness but instead assumes it. The modern atheist does not kill God but walks away from Him. In His absence, he does not search for truth or morality but merely replicates the idea of good that was passed down to him. He imitates, but his imitations, as they are not rooted in the source, are imperfect: bastardized (Murray and Nietzsche agree). He might even hold some personal religious sentiment but will not act on religious conviction. He does not mix the personal with the external world. He will work, govern, and wage war but will never do so in the name of God. He lives as if God does not exist. This … breed says in effect that, since he cannot know what God is, he will refuse to affirm that God is. But this stupidity, one may well think, surpasses that of the idolater. It is not merely an implicit refusal of God; it is an explicit denial of intelligence. The essence of God does indeed lie beyond the scope of intelligence, but his existence does not. It is this modern man—the man who does not deny God but shoves him aside—that has become commonplace. This modern man feels neither the warm light of heaven nor the scorching hellfire below. He wanders in a cold fog, blind, deaf and dumb. He lingers in the cave only seeing shadows of the truth. Because he does not see the source of the light, he assumes there is no source and does not search for it. It is this modern man who must be re-enchanted. Disciple So how is our captain to deal with the moderns, with the Dr. Maturins that now sail aboard every ship? What is he to do with those who synthesize values of democracy and the equality of man but do not acknowledge the creator who created them equally? Thankfully, the modern agnostic, despite his lack of reason in comparison to the Nietzschean, has not yet thrown off his moral yoke. In some ways, he still feels a connection to the world beyond the material. There are yet some embers left to kindle. There are yet men left to kindle them. There is hardly any human action, however private it may be, which does not result from some very general conception men have of God, of His relations with the human race, of the nature of their souls, and the duties to their fellows. Nothing can prevent such ideas from being the common spring from which all else originates. If man is to truly be re-enchanted—to be inspired and given lasting direction—he must look to that only thing which is transcendent, that is not merely of time and matter. If there is ever again to be unity amongst men, there must be unity with their creator. There must be disciples to show us the way. When man has been enchanted, even democratic man, it has been with and through religious spirit, fostered by disciples and prophets. These men once walked among us. These were the men in between God and humanity, Heaven and Earth, men who heard His voice and acted on His will. They were Moses and Abraham and David and Paul and Peter. God even revealed Himself to man in mortal form, in and through man’s pain and flesh. And yet, despite all of these, man’s faith remains weak. The disciples' task is never finished. He may never stop, for if he does, man is quick to forget and quick to lose his way. He will lose himself in the desert, and never find the promised land, his true home, his self. The disciple must be an ever-present and ever-constant reminder of God. The captain, disciple in his most righteous form, has some divine spark, some glint in his eye, some Promethean fire in his bosom that animates bravery and fortitude. The captain calls his men to voyage into the unknown, across the far side of the world. He calls his men to fight for a home that long disappeared behind a horizon last seen thousands of miles ago. He brings together those born across the empire, those who share little, and those who resent much. The duty the captain must call his men to cannot be incentivized with the stuff of the earth. He can promise them no amount of riches or glory among men to keep them steadfast. There is something the captain must awaken in his men that moves their spirits, their souls, guiding them toward something not here attainable. Only manna sent down from upon high can quell a spiritual hunger. And so the Captain must be like Moses, the interlocutor between man and God—newly the interlocular between conservative and liberal. He does not make the manna nor the law in the heavens, but he does transmit them. He walks down from Sinai to deliver to those below. He understands the plight of his crew, the doctor, and the common man, but he does not let them build golden calves. He has ambition but he does not raise towers of Babble; he does not push onward without cause. Where have these disciples gone? Where is Moses to be seen? Who upholds the commandments given from on high? Might it not be the lack of disciples but man who is the problem? Have there been one too many golden calves built in town squares, one too many towers of Babylon raised to the mockery of Heaven? Are there enough ears today willing to hear a sermon, enough lips willing to say a prayer? I contend there are. While the world may not be presently enchanted, there have been moments, glimpses, of enchantment. There was Reagan who stood in the way of the communist threat with his quick wit but mild manner. There was Dr. King who appealed to the heavens, preached to the masses, and marched hand in hand with the persecuted. There was Churchill who looked the devil right in the eye and spat back at him. There was Lincoln who looked over a battlefield and made a promise those men would not die in vain. There was Washington who led his soldiers, served his time, and ceded his throne. It was these disciples that reminded man of himself, of his nature, of his longings. They called upon God, evoked a higher duty, and bound men to each other. They knew that “[r]eligion [...] imposes on each man [...] obligations toward mankind, to be performed in common [...] and so draws him away from thinking about himself.” Like a captain, those disciples, who were fit to suffer, suffered in common with their men when they could have stood afar. Dr. King marched with his men, was imprisoned for them, and died for them. Reagan too took a bullet for his nation, although he fortunately survived. Lincoln, in his service and his stress, aged himself twenty years in the span of four and was assassinated shortly thereafter, giving the last full measure of his devotion. Washington lost battles for months on end in the bitter cold until he found success in a Christmas night attack. Oh, the joy nations will feel when leaders acquire such courage again when they call upon the heavens as they did not so long ago. Oh, they will know that feeling that gathered hundreds of thousands on the National Mall, that mustered the men who crossed the Delaware, that had black and white Union soldiers singing “Glory, Glory, Hallelujah” as they marched surely to their deaths at Fort Wagner. Only then can man come home to himself. Conclusion Who is our captain to be? What direction would we have him take our ship? Must he not be both a man of the people and a man of the elite, a democratic man who still has a touch, a memory in him, of that antiquity, that nobility, that honor of old? Still, he is not the vanguard of the proletariat, for the vanguard is a mutineer hellbent on revolution, not a captain. Neither is he the conqueror, for the captain must govern his ship beyond the rush of battle. He must lead his crew through those many times at sea which are dull and mundane. He must care for his men beyond their use in warfare. He must be selfless because that is what God calls him to be in times of struggle, a disciple who looks upward before he looks onward. But if those fires are ever to rise again, if the trumpet must once again cry its song of battle, the captain must be ready. He must again be simply a man of his trade, a good seaman and a good officer. He must dexterously maneuver his ship, out-sail, and outsmart his opponents. And when he must call for cannon fire, he must know what to cry to his men. He must have their best, not just for him, but for their God, their nation, and their fellow man. JACK - Want to see a guillotine in Piccadilly? CREW- No! JACK- Do you want to call Napoleon your king? CREW- No! JACK- Want your children to sing The Marseillaise? CREW- No! JACK- Mr. Mowett, Mr. Pullings, starboard battery! References Burke, Edmund, et al. Select Works of Edmund Burke: A New Imprint of the Payne Edition. Liberty Fund, 1999. Marx, Karl, et al. The Marx-Engels Reader. Norton, 1978. Murray, John Courtney. “The Problem of God Yesterday and Today.” Georgetown University Library, 1963, library.georgetown.edu/woodstock/murray/1964c. Nietzsche, Friedrich Wilhelm. On the Genealogy of Morals. Translated by Walter Kaufmann and R. J. Hollingdale, Vintage Books, 1989. Rousseau, Jean-Jacques. The Major Political Writings of Jean-Jacques Rousseau: The Two Discourses and the Social Contract. Translated by John T. Scott, The University of Chicago Press, 2014. Tocqueville, Alexis De, et al. Democracy in America. Harper Perennial Modern Classics, 2006. Weir, Peter, and John Collee. Master and Commander: Far Side of the World. Twentieth Century Fox, Aug. 2001.
- The Captain and the Doctor: On the Enchantment of Modern Men | brownjppe
The Captain and the Doctor: On the Enchantment of Modern Men George LeMieux Author Alexander Gerasimchuk Fatima Avila Editors Though we be on the far side of the world, this ship is our home. This ship is England. Introduction Modern man is lost. He is not home to himself. He lacks the longings that great men once had. While Nietzsche, Rousseau, or Burke might better articulate or explore this problem, I intend to explore how it might be remedied, a possible antidote to our modern poison. From the Western canon, I have identified three such antidotes or rather three figures who might re-enchant the modern man, the man of the democratic age. They are the vanguard of Marx, the conqueror of Nietzsche, and the disciple, which is first constituted Biblically but later in Toqueville among others. I shall conduct this search through the metaphor of a ship’s captain, in this case, Captain Jack Aubrey as depicted in the celebrated series and film Master and Commander , which I will briefly outline. Before that outline is given, I will first justify this metaphor by the virtue of captaincy itself (despite the fact I would shoehorn this favorite film of mine into anything). Then in the aftermath, I will examine these three figures as our “captains.” In this examination, I hope to reveal that modern man may only be enchanted, or at least enchanted to humanity’s benefit, by a disciple. For our captain, only the disciple offers a path that does not self-destruct and looks beyond worldly motivation. A Metaphor Since there is a long and storied history of philosophers making use of the ship and other nautical nomenclature as metaphor for their sophisticated views on man, government, and what other nonsense comes to their minds, I see no reason to deviate from the tradition. For what is better than a ship with captain and crew? She, like her nation, must suffer through trial and tribulation, storm and battle. She must adjust her sails so that she catches the wind but not let loose so much as to rip her masts apart. She must have a rigid hull built to withstand cannon and carronade, but she must also have flexibility, lest the changing temperatures and humidity crack her hull. She must be led by a captain, strong and decisive in his command. Yet he must not be a tyrant. He must court the hearts of his men so that he may win their will. If not, his men will mutiny. The uninspired crew would have no other reason to entertain the otherwise insufferable conditions of life at sea. Indeed, I do think this will be a fitting metaphor. The Captain Captain Jack Aubrey of His Majesty's Royal Navy is a man caught between two worlds, between two times. Behind him is the aristocracy of old: kings, queens, lords, ladies, and government by the few for the many, at least ideally. In front of him stands modernity: merchants, naturalists, revolutions, counter-revolutions, Napoleon, the new world, America, and democracy. Such is the world of Captain Aubrey as depicted in Patrick O'Brian's novel and Peter Weir’s film Master and Commander: The Far Side of the World. Jack is a man of tradition. He respects the Crown. He reads his scripture. He loves his country. Jack’s hero is none other than Duke and Admiral Horatio Nelson, a brave and sturdy man who dies defending his love of king and country. And yet Jack sees his idols, his pillars crumbling. He has witnessed the chaos of the revolutions in France. He holds the Burkean sentiment that it is the modern radicals that “despise experience as the wisdom of unlettered men; [...] they have wrought underground a mine that will blow up, at one grand explosion, all examples of antiquity, all precedents, charters, and acts of parliament. They have ‘the rights of men.’” It is this modern threat with its rights and revolutionaries that is epitomized by the two foils of the film. The first foil is the Acheron —the ship of the modern age. She is at the forefront of naval technological advancement. Her hull is braced by three layers of live oak and white oak, making her near impenetrable for any ship of her class. She is the largest of any frigate built, able to carry more guns, yet also more aerodynamic, “heavier, but faster spite it” (Weir, Collee). In every way, she outclasses the H.M.S Surprise , Jack’s nimble but aging frigate. And where is the Acheron built? Boston. While Peter Weir had the financial sensibility to make the antagonist of the film French, i.e. Acheron , Patrick O’Brian’s ship was called U.S.S Norfolk . It is with this name that the dichotomy O’Brian intended is much clearer. It is the new world and the old world, His Majesty and Mr. President. And the new world is winning. The second foil is not a figure of oak and iron but of flesh and bone. Doctor Stephen Maturin is the ship’s surgeon and a savant of a surgeon he is. He is also a naturist, collecting, diagraming, and recording the various species he encounters on the ship’s voyages. Upon the ship’s travel to the Galapagos Islands, the parallels to the young Darwin are evident. More important, however, than any of this, he is Jack’s best friend. Despite sharing little common interest, much less a common worldview, Jack confides in Stephen what he confides in no one else. Stephen, in turn, voices his dissent to Jack, when no crew member nor officer would otherwise dare. He is both his greatest ally and greatest challenger. He is the check to Jack’s ambition and the prosecutor of his reason. He is the liberal to Jack’s conservatism. He echoes the voices of democracy, of the social contract, and the danger of tyrants. His respect for Jack comes not from his title or station but from how he leads, how he governs. It is Stephen who most quickly becomes the radical, the revolutionary, when Jack steps out of line. The Jack we see at the film’s beginning is willing to die on the hill of order and naval tradition. He is unable to see anything but the objective of his mission. Stephen and even the other officers are unable to go as far. To Jack’s credit, it is his daring and force of will, despite insurmountable odds, that makes him a great captain. In his pursuit of the Acheron , Jack takes risks that make his moves unpredictable and effective; his crew calls him Lucky Jack for a reason. But those risks do not come without their costs, even if Jack is lucky more often than he is not. Eventually, Jack carelessly pursues the Acheron into a storm and loses a man and a mast in the process. Still, Jack does not turn tail, despite Stephen’s pleas. He refits and refocuses. Only by the film's end does Jack reform and he does so not through reasoning but out of his friendship with Stephen. When Stephen is injured in an accident on board (a marine shoots him while aiming for a bird), Jack sends his ship ashore to one of the Galapagos islands instead of continuing his pursuit, likely to his detriment. This act of compassion, as it turns out, is the saving grace of the Surprise. Not only is the Acheron spotted on the far side of the island, but Stephen inspires Jack on how to capture her. While Jack's act of compassion does not separate him from his ideology, it reveals a complexity in his nature. In not letting his warrior-like nature subjugate the other parts of his conscience, Jack demonstrates his command of self, making him a good captain in more ways than one. His compassion for Stephen, despite their differences, allows him to occupy a middle ground between old and the new, between those of high and low station, between those conservative and radical. Despite their differences, Jack and Stephen end their days together with music, with a duet, playing the cello and violin as the Surprise sails into the sunset. Looking at this time and this day, in this new world, one must wonder if such bonding, such good feeling, such balance between the conservative and the liberal is possible. Every day the position of the radical, of the accelerationist, becomes more compelling even to the conservative. In America, the rigging and line that once held hull and sail together have frayed and torn, not in the harshest winds but in their daily use. The physical lines that once held men together are now virtual, connections in the cloud and the internet. These lines between men were once tangible things; now, there are few of these left. The conservative now must ask himself what he intends to conserve and if he is capable of such conservation. With conservatives far to the right, liberals far to the left, and a confused chasm in between, can those old ropes hold society together any longer? Perhaps, it is time to cut the rope. Perhaps, it is time for both right and left to become radical. Or, perhaps, there is faith to be had in those old ropes. Perhaps, there could be a man to renew their strength, reorganize them, and apply a fresh coat of tar to protect them. Perhaps, there might be a man who could tie new ropes without cutting away the old. Is there such a captain for this ship of modernity? Is there a Jack who can reason with the moderns, take heed of their desires but not be dragged off course? What does such a captain look like? The Captain’s Virtue Before one can talk of any mystical quality a good captain must have, one must first talk about his primary obligation, his duty, his vocation. For if this station is not sound in virtue, the metaphor is not fit for its goal. A captain, such as Jack, is the leader of a warship and of its crew. He would not be a good captain if he could not sail, navigate, or command the ship in battle. He must understand every part of his command and responsibility. It was for such reasons that those men who became captains most often started their time at sea from their early teens as Midshipmen, who were responsible for commanding gun crews of sailors twice their age. It is this good practice, of physical strain and tangible purpose, that makes the vocation virtuous. Virtue is not found in sophistry or the professing of morality but in good works and deeds. Both Rousseau and Marx recognized that the “sensible” men of the world are not the magistrates but the “workers” and the “people.” In this way, the captain is a unique station. It is a position that reaches downward to the grit and servitude that is required but reaches up toward order and inspiration. On one hand, a captain must stand amongst his sailors and with his marines facing the enemy, taking with them every shot fired, equally as likely to be impaled by shrapnel and splinter, equally as likely to take grapeshot from a swivel gun, equally as likely to take a cannonball straight through his gut. On the other hand, a captain must reach upward. He must engage in strategy, diplomacy, and negotiation. He takes his orders from admirals, parliament, and the King. He must, with his officers, stand apart and govern the crew, making sure he does not fraternize with them or become too social. He must whip those who are insubordinate. And it is he who gives the parting sermon after his men die in battle. The captain is both above and below, a man who mediates between king and country, between God and his men. Vanguard For Marx, the nature of our captain is clear. He must be a vanguard, a man who can reach from the high to the low, from bourgeois to proletariat, a man who has the means to lead the proletariat to “acquire political supremacy” and “ constitute itself the nation” (Marx 488). The vanguard can not be of the lower classes as they do not hold the means of production or own sufficient property. The vanguard will not be the bourgeois socialist who wants “all the advantages of modern social conditions without the struggles and dangers necessarily resulting from them.” That man would not lead nor fight in the “impending bloody conflicts” that the revolution requires. But the captain might. He, by virtue of his practice, gains access to the epistemic standpoint of the working man. He can call his men into battle because he will be in that battle himself, because he will stand in front, with pistol and cutlass in hand, because he knows their plight and their struggle. Yes, the captain might be the perfect vanguard, if he had the disposition and the courage required to lead the revolution. But no vanguard will heal or reinspire the whole nation. He will take the radicals he agrees with and burn the rest. The ideal vanguard may be the captain, the general, or some other man of higher but not so noble station, that comes down to act on behalf of the proletariat. But the unifying captain is, in the root of his position, opposed to such a severing. More fit, would be the treasonous first officer who leads a mutiny against the captain and the remaining loyal officers. To be a vanguard is to be a “slash and burn” farmer who wreaks devastation on the present vegetation so that the soil may be made fertile again. There will be no healing, under the vanguard. Conqueror Then perhaps the captain, who must fight to re-enchant our new world, must be a conqueror. The conqueror does not require a revolution, or at least not an ideological one, for the conqueror has no need for the traditional radical who operates on moral principles. He is not the vanguard who cries out to the poor that they must liberate themselves. The conqueror only asks for good men, inspired to fight for their home and fatherland, inspired to make something more of what they have been given. The conqueror rises in rank and comes to lead a nation because of his proven success on the battlefield. This captain inspires not because of his pleasant sailing or wise words but because he sinks ships. Nietzsche asks “[m]ust the ancient fire not some day flare up [...] More: must one not desire it with all its might.” Is it not blood that would surely wake the modern man from his slumber, wake the animal instinct inside of him? Perhaps the true conservative can only believe that “antiquity incarnate” arises through a conqueror, a superman, a Napoleon. And yet one must ask of Nietzsche, what is to happen after the conquest? What is to happen after one has conquered all he can or has been defeated? What was Napoleon to do, having failed in Russia? What was Alexander to do when he lay sick and dying in his bed? What is left to hold a nation together when the expansion has stopped and the wars have come to an end? How is a conqueror to at last govern his people? If the measure of man’s vitality is only to be strength and victory, then there will be no man who finds purpose in times of peace. When the soldier again becomes the carpenter after his service is done, he must now aspire to be the superman of carpentry. He must strike down all other table builders and door makers in his path if he is to achieve vitality. He will feel not for his fellow man, now that he does not need him to protect his flank or cover his advance. He will be a frustrated and lonely man, who, in his attempted rationalization to maximize his will and vitality, will frantically look around every corner to become the carpenter of all carpenters, betraying every man who gets in his path. Nietzsche might retort that one should not care for the carpenter, for all carpenters are weak men who failed to rise to a higher station. But if one is to build a society, does one not need the carpenter? Would it not be better to be his friend so that he may more willingly and caringly craft one’s furniture? Perhaps Nietzsche thinks that forcing the carpenter to build a chair would be better to maximize the will than to engage in normal transaction or to politely ask him. Society needs carpenters; a ship needs sailors. Neither will run well if every request is made out of threat or a difference in power. Sure power may be unequally distributed among men, and men will surely wield that power to their advantage, but every interaction need not be a Melian Dialogue . No unification of society, no mending of wounds, could ever take place in such a one-dimensional existence. Even if, for but a fleeting moment, conservative and liberal may be united by the fires of war, such a state is only temporary. While the ancient fires may rise again, they may just as quickly die. For all Napoleon was, how many more revolutions and fragile republics followed? There was no remnant of antiquity to build upon. Instead, it was democratic man who, upon the rubble of Europe, raised his new throne. In his time, Tocqueville correctly surmised that democracy would be here to stay: “I think that in the long run, government by democracy shall increase the real strength of society.” While “slave” in its morality, democracy is dominant in its presence. Its practitioners are no longer just the carpenters or even the priests; they are the captains, the generals, the senators themselves. While European antiquity lay unaware, the strength and size of America, of democratic power, grew. “Something that passed unnoticed a century ago now strikes the attention of all.” Now, antiquity not only lacks the popular momentum to overcome the democratic age, but it lacks the strength. If there is to be a man who rekindles the flame of the West, he will not be a conqueror who slays democratic man. He will be a democratic man himself. And What for God? Purposely absent from the mind of Marx’s vanguard and Nietzsche’s superman is the Kingdom of God. Nietzsche and Marx are the archetypes of, as John Courtney Murray would categorize them, “the postmodern atheist”. The post-moderns not only leave God out of their government, philosophy, and science as the moderns do; they actively strike Him out, act against Him, and demonstrate how He cannot exist. The postmodern is offended that a God could exist and (in Marx’s case) allow for so much scarcity, so much evil, or (in Nietzsche’s case) deprive man of his freedom, the will, that makes man human. God, if he exists, is either a tormenter, imprisoner, or both. Nietzsche further declares that the morality man claims to have derived from God, the morality of the Christian and the Jew is the greatest perversion of the natural order: strength and weakness. Good and evil, concepts of vengeful weaklings, invert the true “morality” by which man once lived and should live again. Of Marx’s and Nietzsche’s cases, Nietzsche’s is the stronger. When one eliminates God from the worldly equation, one must also eliminate the morality that came with Him. Marx may claim scarcity is the great evil, but this concept of evil only comes through sympathy for the suffering of others. What is the evil of inequality or greed or a dominant bourgeois class if there is no concern for fellow man? From where does the humanist goodness, ascribed by Marx to the elimination of suffering, originate? Without an order, ordained above and outside by divine authority, there can be no objective good. No worldly cosmodicy is sufficient to prove an objective good. If one’s ultimate goal is “good” for the nation, one cannot look to Nietzsche for a cure; the concept of good is, in fact, part of the disease. But if one looks to Marx, one cannot find a source of good. Therein, the postmoderns are fruitless. And democratic man seems to agree. The true moral plague is that democratic man is not looking for goodness but instead assumes it. The modern atheist does not kill God but walks away from Him. In His absence, he does not search for truth or morality but merely replicates the idea of good that was passed down to him. He imitates, but his imitations, as they are not rooted in the source, are imperfect: bastardized (Murray and Nietzsche agree). He might even hold some personal religious sentiment but will not act on religious conviction. He does not mix the personal with the external world. He will work, govern, and wage war but will never do so in the name of God. He lives as if God does not exist. This … breed says in effect that, since he cannot know what God is, he will refuse to affirm that God is. But this stupidity, one may well think, surpasses that of the idolater. It is not merely an implicit refusal of God; it is an explicit denial of intelligence. The essence of God does indeed lie beyond the scope of intelligence, but his existence does not. It is this modern man—the man who does not deny God but shoves him aside—that has become commonplace. This modern man feels neither the warm light of heaven nor the scorching hellfire below. He wanders in a cold fog, blind, deaf and dumb. He lingers in the cave only seeing shadows of the truth. Because he does not see the source of the light, he assumes there is no source and does not search for it. It is this modern man who must be re-enchanted. Disciple So how is our captain to deal with the moderns, with the Dr. Maturins that now sail aboard every ship? What is he to do with those who synthesize values of democracy and the equality of man but do not acknowledge the creator who created them equally? Thankfully, the modern agnostic, despite his lack of reason in comparison to the Nietzschean, has not yet thrown off his moral yoke. In some ways, he still feels a connection to the world beyond the material. There are yet some embers left to kindle. There are yet men left to kindle them. There is hardly any human action, however private it may be, which does not result from some very general conception men have of God, of His relations with the human race, of the nature of their souls, and the duties to their fellows. Nothing can prevent such ideas from being the common spring from which all else originates. If man is to truly be re-enchanted—to be inspired and given lasting direction—he must look to that only thing which is transcendent, that is not merely of time and matter. If there is ever again to be unity amongst men, there must be unity with their creator. There must be disciples to show us the way. When man has been enchanted, even democratic man, it has been with and through religious spirit, fostered by disciples and prophets. These men once walked among us. These were the men in between God and humanity, Heaven and Earth, men who heard His voice and acted on His will. They were Moses and Abraham and David and Paul and Peter. God even revealed Himself to man in mortal form, in and through man’s pain and flesh. And yet, despite all of these, man’s faith remains weak. The disciples' task is never finished. He may never stop, for if he does, man is quick to forget and quick to lose his way. He will lose himself in the desert, and never find the promised land, his true home, his self. The disciple must be an ever-present and ever-constant reminder of God. The captain, disciple in his most righteous form, has some divine spark, some glint in his eye, some Promethean fire in his bosom that animates bravery and fortitude. The captain calls his men to voyage into the unknown, across the far side of the world. He calls his men to fight for a home that long disappeared behind a horizon last seen thousands of miles ago. He brings together those born across the empire, those who share little, and those who resent much. The duty the captain must call his men to cannot be incentivized with the stuff of the earth. He can promise them no amount of riches or glory among men to keep them steadfast. There is something the captain must awaken in his men that moves their spirits, their souls, guiding them toward something not here attainable. Only manna sent down from upon high can quell a spiritual hunger. And so the Captain must be like Moses, the interlocutor between man and God—newly the interlocular between conservative and liberal. He does not make the manna nor the law in the heavens, but he does transmit them. He walks down from Sinai to deliver to those below. He understands the plight of his crew, the doctor, and the common man, but he does not let them build golden calves. He has ambition but he does not raise towers of Babble; he does not push onward without cause. Where have these disciples gone? Where is Moses to be seen? Who upholds the commandments given from on high? Might it not be the lack of disciples but man who is the problem? Have there been one too many golden calves built in town squares, one too many towers of Babylon raised to the mockery of Heaven? Are there enough ears today willing to hear a sermon, enough lips willing to say a prayer? I contend there are. While the world may not be presently enchanted, there have been moments, glimpses, of enchantment. There was Reagan who stood in the way of the communist threat with his quick wit but mild manner. There was Dr. King who appealed to the heavens, preached to the masses, and marched hand in hand with the persecuted. There was Churchill who looked the devil right in the eye and spat back at him. There was Lincoln who looked over a battlefield and made a promise those men would not die in vain. There was Washington who led his soldiers, served his time, and ceded his throne. It was these disciples that reminded man of himself, of his nature, of his longings. They called upon God, evoked a higher duty, and bound men to each other. They knew that “[r]eligion [...] imposes on each man [...] obligations toward mankind, to be performed in common [...] and so draws him away from thinking about himself.” Like a captain, those disciples, who were fit to suffer, suffered in common with their men when they could have stood afar. Dr. King marched with his men, was imprisoned for them, and died for them. Reagan too took a bullet for his nation, although he fortunately survived. Lincoln, in his service and his stress, aged himself twenty years in the span of four and was assassinated shortly thereafter, giving the last full measure of his devotion. Washington lost battles for months on end in the bitter cold until he found success in a Christmas night attack. Oh, the joy nations will feel when leaders acquire such courage again when they call upon the heavens as they did not so long ago. Oh, they will know that feeling that gathered hundreds of thousands on the National Mall, that mustered the men who crossed the Delaware, that had black and white Union soldiers singing “Glory, Glory, Hallelujah” as they marched surely to their deaths at Fort Wagner. Only then can man come home to himself. Conclusion Who is our captain to be? What direction would we have him take our ship? Must he not be both a man of the people and a man of the elite, a democratic man who still has a touch, a memory in him, of that antiquity, that nobility, that honor of old? Still, he is not the vanguard of the proletariat, for the vanguard is a mutineer hellbent on revolution, not a captain. Neither is he the conqueror, for the captain must govern his ship beyond the rush of battle. He must lead his crew through those many times at sea which are dull and mundane. He must care for his men beyond their use in warfare. He must be selfless because that is what God calls him to be in times of struggle, a disciple who looks upward before he looks onward. But if those fires are ever to rise again, if the trumpet must once again cry its song of battle, the captain must be ready. He must again be simply a man of his trade, a good seaman and a good officer. He must dexterously maneuver his ship, out-sail, and outsmart his opponents. And when he must call for cannon fire, he must know what to cry to his men. He must have their best, not just for him, but for their God, their nation, and their fellow man. JACK - Want to see a guillotine in Piccadilly? CREW- No! JACK- Do you want to call Napoleon your king? CREW- No! JACK- Want your children to sing The Marseillaise? CREW- No! JACK- Mr. Mowett, Mr. Pullings, starboard battery! References Burke, Edmund, et al. Select Works of Edmund Burke: A New Imprint of the Payne Edition. Liberty Fund, 1999. Marx, Karl, et al. The Marx-Engels Reader. Norton, 1978. Murray, John Courtney. “The Problem of God Yesterday and Today.” Georgetown University Library, 1963, library.georgetown.edu/woodstock/murray/1964c. Nietzsche, Friedrich Wilhelm. On the Genealogy of Morals. Translated by Walter Kaufmann and R. J. Hollingdale, Vintage Books, 1989. Rousseau, Jean-Jacques. The Major Political Writings of Jean-Jacques Rousseau: The Two Discourses and the Social Contract. Translated by John T. Scott, The University of Chicago Press, 2014. Tocqueville, Alexis De, et al. Democracy in America. Harper Perennial Modern Classics, 2006. Weir, Peter, and John Collee. Master and Commander: Far Side of the World. Twentieth Century Fox, Aug. 2001.
- The European Union Trust Fund for Africa: Understanding the EU’s Securitization of Development Aid and its Implications | brownjppe
The European Union Trust Fund for Africa: Understanding the EU’s Securitization of Development Aid and its Implications Migena Satyal Author Jason Fu Sophie Rukin Editors Abstract Migration policies in the European Union (EU) have long been securitized; however, the 2015 migration crisis represented a turning point for EU securitization of development aid to shape migration outcomes from various African countries. In 2015, the European Union Emergency Trust Fund for Stability and Addressing Root Causes of Irregular Migration and Displaced Persons in Africa (EUTF) was created at the Valletta Summit on Migration to address the drivers of irregular migration such as poverty, poor social and economic conditions, weak governance and conflict prevention, and inadequate resiliency to food and environmental pressures. The duration of this fund was from 2016-2021. Central to the strategy of the EUTF was addressing “root causes” however, the fund came with security dimensions. Under its objective of improved migration management, the EU directed capital to various security apparatuses in Africa to limit the movement of irregular migrants and prevent them from reaching Europe. This method diverted aid from addressing the existing problems faced by vulnerable populations in the region and contributed to practices and organizations that are responsible for implementing coercive measures to limit movement of migrants and committing human rights abuses. This paper examines the political and ideological motives and objectives behind the EU's securitization of development financing via the EUTF, how it has strategically used the “root causes'' narrative to secure these arrangements, and the ways in which this pattern of interaction is inherently neo-colonial. Introduction: The European Union Trust Fund for Africa (EUTF) The European Union Emergency Trust Fund for Stability and Addressing Root Causes of Irregular Migration and Displaced Persons in Africa (EUTF for Africa) was passed in November 2015 at the Valletta Summit on Migration where European and African heads of state met to address the challenges and opportunities presented through the 2015 migration crisis. African and European heads of state recognized that migration was a shared responsibility between the countries of origin, transit, and destination. They were joined by the African Union Commission, the Economic Community of West African States, states parties to the Khartoum and Rabat Process, the Secretary General of the United Nations, and representatives of the International Organization for Migration. The Valletta Summit identified the root causes of irregular migration and forced displacement which became the guiding narrative to create and implement the EUTF. The Action Plan of the Summit stated, “the Trust Fund will help address the root causes of destabilization, forced displacement, and irregular migration by promoting economic and equal opportunities, strengthening the resilience of vulnerable people, security, and development.” Therefore, addressing these issues via development aid would limit irregular migration. The European Commission claimed that “demographic pressure, environmental stress, extreme poverty, internal tensions, institutional weaknesses, weak social and economic infrastructures, and insufficient resilience to food crises, as well as internal armed conflicts, terrorist threats, and a deteriorated security environment” needed to be addressed within the EUTF framework. However, the root cause narrative itself was partially based on assumption rather than empirical evidence. Economic data analyzing the correlation between economic development aid and migration show that the two variables have an inverse relationship. Economic and human development increase peoples’ ambitions, competencies, and resources, encouraging them to emigrate. Migration has a downward trend only when a country reaches an upper-middle income level. This concept is also known as a migration hump. Although EU officials were aware of this phenomenon, they ignored the underlying issues of the root causes narrative and proceeded to create the fund. Between 2016 and 2022 the EUTF dispersed approximately EUR 5.0 billion across 26 African countries in the Sahel and Lake Chad, North Africa, and the Horn of Africa. This funding was on top of pre-existing EUR 20 billion annual aid from the EU to these geographical regions. Despite packaging the EUTF as development aid and extracting the money almost exclusively from the European Development Fund (EDF), which specifically targets economic, social, and cultural development programs, the EUTF fell within the 2015 European Agenda on Migration, introducing a security dimension to development financing. The EU and African partner countries used a significant amount of aid from the EUTF to bolster migration management initiatives via the funding and strengthening of security apparatuses that are responsible for targeting migrants within Africa, before they could embark on their journeys to European states. Under the EUTF, improved migration management constitutes “contributing to the development of national and regional strategies on migration management, containing and preventing irregular migration, and fight against trafficking of human beings, smuggling of migrants and other related crimes, effective return and readmission, international protection and asylum, legal migration, and mobility.” It includes increasing logistical capabilities by providing capital to train border agents, and bolstering surveillance infrastructure to monitor citizens’ movement, and expanding logistical capacities. In some cases, it also relies on encouraging certain policies in recipient countries to align with the priorities of the donor countries. As shown in EUTF annual reports (Figures 1.1-1.6), there was an increasing diversion of capital towards funding migration management projects in Africa, which came at the expense of economic development projects. By using aid to fund security goals, the EU securitized and politicized development financing. Securitization in migration policy refers to the externalization and extra-territorialization of migration control through border controls and reclassification of various activities like drug trafficking, illegal immigration, and delinquency of migrants as national security concerns. Still, some EUTF funding went towards projects geared at economic development. As stated in the Action Plan and shown in subsequent annual reports, the EUTF implemented programs that promoted job creation, education, entrepreneurship, and building resiliency. However, they also used the money from the development package to strengthen migration management initiatives and shift responsibilities to third countries in Africa, ultimately creating “legal black holes” where European norms about human rights did not apply. Despite the clear evidence of the EU’s contribution to abuses towards African irregular migrants, the EU continues to implement repressive policies through various externalization mechanisms and faulty narratives that have been empirically proven to not work – such as the root causes narrative – in order to further its own interests in the African continent. Research Question The practice of funneling capital toward security-related migration management projects raises the following question: Why has the EU opted to securitize its development aid through EUTF in the aftermath of the 2015 migration crisis? Furthermore, what are the implications of aid securitization in terms of development aid effectiveness, human rights practices, and the EU’s external legitimacy as a normative actor? To answer these overarching questions and understand the promotion and proliferation of migration policies through pacts like the EUTF requires an inward look into the European Union and its political and ideological interests in the migration policy domain. Therefore, I propose that the EUTF was a neo-colonial mechanism through which European member states could further their migration policy priorities into certain African states thereby reinforcing their colonial legacy hierarchies. Methodology First, I will provide background information about the EUTF, highlighting its objectives and strategies for development aid implementation and effectiveness. Then, I will provide quantitative data regarding the dispersion of money from the EUTF to show the increasing investments toward migration management schemes. Understanding these specificities and inherent challenges of the EUTF will contextualize my hypotheses. Next, I will support my hypothesis through case studies of specific EUTF security operations in African countries, analysis of the EU’s previous migration policies, interviews with African and European Union stakeholders about EUTF’s development and impact, and various theories to help explain how the EU navigates its migration policies. Finally, I will assess the implications of aid securitization in both Europe and Africa. My research will rely on official documents from the EU about its migration agenda and policies. It will also use data from academic journals and previous literature that have examined the trajectory of the EU’s migration-development nexus, specifically through the EUTF. Assessing the current nature of the EU’s migration policies will be useful in helping guide future policies. As migration becomes an increasingly salient issue, it is crucial to determine strategies or “best practices” that are humane and sustainable to address it. Adhering to human rights norms should be at the center of these policies. Background The Action Plan of the Valletta Summit was based on five priority domains: Reducing poverty, advancing socio-economic development, promoting peace and good governance. Facilitating educational and skills training exchanges between EU and EU member states as well as the creation of legal pathways of employment for migrants and returnees. Providing humanitarian assistance to countries needing food assistance, shelter, water, and sanitation. Fighting against irregular migration, migrant smuggling, and trafficking. Facilitating the return, readmission, and reintegration of migrants. During Valletta, Martin Schulz, the former President of the European Parliament stated, “By boosting local economies through trade, for example through economic partnership agreements and through ‘aid for trade’ programs, by investing in development and by enhancing good governance people will be enabled to stay where they want to be ‘at home.’” He reiterates that the purpose of the EUTF is not “fight the migrants” but rather, “fight the root causes of migration: poverty and conflict.” This seemingly proactive approach underscores the belief that addressing the primary drivers of migration by promoting development measures will empower people to remain in their respective countries by choice rather than feeling compelled to migrate elsewhere. “Root Causes”: Overlooking Evidence The problem with the EU’s understanding and use of the “root causes” narrative is that it ignores how wage differentials contribute to migratory patterns. Wage differentials refers to the discrepancy in wages for similar jobs due to factors like industry or geography. While development aid can be effective, it is not enough to redistribute wealth and address the deep structural inequalities of the global economy that drive migration to more developed and wealthier countries. Subsequent sections will elaborate further on the adoption of the root causes framing. EUTF Annual Aid Reports (2016-2022) As stated in the Valletta Summit political declaration, the EU was committed to “address the root causes of irregular migration” through the EUTF. However, aid allocation data (Figures 1-1.6) from EUTF annual reports, which highlight the distribution of aid in amount and percentage terms by geographical window and five of the EUTF’s objectives, show an increased prioritization of implementing migration management schemes at the expense of development projects between 2016 and 2022. In 2016 (Figure 1), when EUTF was in the implementation phase, EU officials distributed significantly more funds for economic development projects across North Africa, the Sahel, and Horn of Africa than any other domains which aligned with the root causes narrative that was emphasized at Valletta. In 2017 (Figure 1.1), the allocation for improved migration management significantly increased across the three regions. In North Africa, funding for economic development, strengthening resilience, and conflict prevention was eliminated while EUR 285 million was given to migration management. This pattern is strategic due to the geographic proximity of the region to southern European borders. In 2018 (Figure 1.2), North Africa remained the biggest recipient of migration management funds but did not receive funding for development projects. In 2019 (Figure 1.3), 31.56 percent of total funding was invested in migration management. In 2020 (Figure 1.4), 2021 (Figure 1.5), and 2022 (Figure 1.6), improved migration management projects continued to receive most funding at the expense of other objectives. The funding patterns outlined in these reports show the EU’s increased focus towards its migration objectives. Figure 1: EUTF Projects Approved in 2016 Figure 1.1: EUTF Projects Approved in 2017 Figure 1.2: Projects Approved in 2018 Figure 1.3: Projects Approved in 2019 Figure 1.4: Projects approved in 2020 Figure 1.5: Projects approved in 2021 Figure 1.6: Projects approved in 2022 Taking the background information and data into account, I will prove my hypothesis, explaining why the EU increasingly invested in migration management projects in the following sections. Defining Neo-Colonialism The concept of ‘neo-colonialism; was coined by Kwame Nkrumah’s Neo-Colonialism: The Last Stage of Imperialism, in which he argues that neo-colonialism is a contemporary form of colonialism that is perpetuated through less traditionally coerciece methods, such as development aid. This theory can be applied when assassing relations and interdependency between former colonial states with formerly colonized states. Interdependence is manufactured by former colonial powers that “[give] independence” to their subjects, only for them to follow up by allocating aid.” They speak about guaranteeing independence and liberation but never implement policies to preserve them in an effort to maintain their influence and objectives via unobstrusive and monetary means rather than directly coercive ones. As a result, these countries’ economic system, and thus their political policy, is “directed from outside” through foreign capital.” EUTF as a Neo-Colonial Instrument In the 19th and 20th centuries, European powers reshaped all aspects of African society, through colonialism, for their own strategic imperatives. These included, but were not limited to, extraction of material resources, manufactured dependency, and assertion of European institutions and policies at the expense of indigenous cultures and institutions. The complete overhaul of pre-colonial Africa interrupted economic and political development in the region and led to its continued structural subordination despite achieving independence from European colonial states in the 21st century. As a result, the repercussions of colonialism have contemporary implications in EU-Africa relations. During the colonial era, colonial powers used military power and additional forms of coercive strategies to assert foreign influence; currently, former colonial powers capitalize on the weaknesses of African countries and use political and economic measures to gain influence. Colonialism never disappeared, but rather, evolved into neo-colonialism. This concept is demonstrated in the framework of the EUTF which, despite being a development aid package and product of a seemingly coordinated multilateral process, imposed conditionalities and security measures on African states to achieve political goals in the field of migration. Under the EUTF, patterns of cooperation between European countries and their former colonies to limit migration are also prevalent, especially in the case of Libya and Niger. These initiatives safeguard colonial-era power structures and undermine the sovereignty of the respective African states. The EU took advantage of its status as a donor institution through three mechanisms that enforced hierarchies between African and European powers: The governance structure,designed to dismiss African stakeholder engagement EU’s imposition of positive and negative conditionalities to certain African states The strategic partnerships between European and African states to implement migration management programs These steps demonstrate the EU’s broader goals to assert their influence in the region’s migration policies by implementing security schemes, jeopardizing the needs of African states and the preservation of human rights in the process. The use of EUTF to conduct such projects signals the “de facto policy purchase” on the African government’s stance on migration. Consequently, African states become an “instrument” for European neo-colonial policies, especially in the migration domain. Eurafrica to Modern EU-Africa Relations The legacy and discourse of colonialism and neo-colonialism are not equal among EU member states. Many European countries were colonial powers, with the exception of Ireland and Malta, along with several central European countries that were subjugated to the authority of larger imperial powers. However, specific past actions hold little significance when discussing the broader nexus between European integration, the European Union, and colonialism. In Eurafrica: The Untold History of European Integration and Colonialism , Peo Hansen and Stefan Jonsson argue that there was a vast overlap between the colonial and European projects. Several African countries, under colonialism, have historically played a key role in efforts towards European integration and unity from the 1920s to the 1950s under the geo-political concept of Eurafrica. According to this idea, European integration would only occur through “coordinated exploitation of Africa and Africa could be efficiently exploited only if European states cooperated and combined their economic and political capacities.” The pan-European movement in the interwar period was based on conditions for peace through a “united colonial effort” in Africa. Eurafrica turned into a political reality with the emergence of the European Economic Community (EEC) made up of Belgium, France, Italy, Luxembourg, the Netherlands, and West Germany, along with colonial possessions that were referred to as “overseas countries and territories” (OCTs). For the EEC, Africa served as a “necessity,” “a strategic interest,” “an economic imperative,” “a peace project,” “a white man’s burden,” and “Europe’s last chance.” Put differently, “Africa was indispensable for Europe’s geopolitical and economic survival.” Africa became the guiding force of European integration and Eurafrica became a system through which colonial powers could preserve their empires. Eurafrica, in its original form, did not materialize because African countries took back control from European colonial powers, but its legacy is crucial to the development of the EEC and modern EU-Africa relations. Today, the EU describes its relationship with Africa in terms like “interdependence,” and “partnership of equals.” Nonetheless, the EU’s colonial past still plays a significant role in its foreign policy with Africa as it promotes the adoption of European rules and practices in its “normative empires.” The continuation of these empires has cemented core-periphery dynamics of interaction, which ultimately advances European interests, especially in the migration domain. Specifically, the EU’s externalization of border and migration management efforts to transfer the European model of governance to third countries have transformed them into “southern buffer zones” to curtail unwanted migration and enhance Europe’s sense of security. Such measures demonstrate the separation of physical borders from functional regimes in Europe’s fluid borderlands, which are antecedent to imperial practices when control was extended beyond territorial boundaries. These practices are evident in the EU’s security operations through pacts like the EUTF, EU-Turkey Deal, and Operation SOPHIA. These externalization policies ensure the continuity of the vision derived from the Eurafrica project in the 21st century. Conditional aid The EUTF was conditional as it leveraged development aid to finance security-related migration projects and imposed positive and negative conditionalities that were used as leverage for African cooperation. When the European Commission announced its Migration Partnership Framework in 2016, it stated that development and trade policies will use positive and negative conditionalities to encourage cooperation on EU’s migration management projects. The “more for more, less for less” framework embedded into development financing means that “African governments use migration cooperation as a bargaining chip for procuring finance through renting inherent powers of state sovereignty to control entry and exit.” This coercive and concessional method contradicts the nature of cooperation that was emphasized at the Valletta Summit in 2015 and undermines the autonomy of the African states as these conditionalities perpetuate neo-colonial practices. EUTF Governance Structure and Oversight The EUTF was a product of a multilateral decision-making process. However, its governance structure, which limits proper stakeholder engagement from African representatives, signals the EU’s push to prioritize its policies over development in Africa. The European Commission claims that it is taking a bottom-up approach where the EU delegations play a key role in identifying and formulating the EUTF through consultations and dialogues to build partnerships with local stakeholders (civil society organizations, national and local authorities, and representatives). Subsequently, proposals are created by the EUTF for African teams based on EU Commission Headquarters and EU delegations. Then, the proposal is submitted to the Operational Committee for approval. Once approved, the proposals are implemented via EU member states’ authorities, developmental and technical cooperation agencies, civil society organizations, international or UN organizations, and private sector entities. The governance of the EUTF is dependent upon the Strategic Board and Operational Committees for each of the three regions where the EUTF distributed funds. The Strategic Board is responsible for “adopting the strategy of the EUTF, adjusting the geographical and thematic scope of the EUTF in reaction to evolving issues, and deciding upon amendments to the guiding document establishing the internal rules for the EUTF.” The board is chaired by the European Commission and composed of representatives and contributing donors. The Operational Committee is responsible for “reviewing and approving actions to be financed, supervising the implementation of the actions, and approving the annual report and accounts for transmission to the Strategic Board.” In the Board and the Committee, the African partner countries can only act as observers and do not hold decision-making powers. This management framework is ineffective as it is designed to limit the participation of African parties that have more comprehensive knowledge regarding the needs of the continent and areas where funds need to be directed. However, they are structurally silenced. The classification of the EUTF as development aid from the EU to Africa also provided a loophole under which parliamentary oversight was not required. The European Development Fund, which operates outside the EU budget, funded most of the aid, bypassing conventional parliamentary procedures, allowing for swift implementation of the fund. As a spokesperson for the European Commission’s DG DEVCO claimed that simplifying the procedures allows for more flexibility so projects can be implemented earlier. Proponents of the fund believe that the easy implementation process is what makes it advantageous. However, opponents of the fund like Elly Schelien, a member of the European Parliament’s Development Committee, claimed that the EU Parliament has not been given “the right democratic scrutiny” of the fund. The framing of the fund as an “emergency instrument” led to retracted bureaucratic measures to increase effectiveness as project cycles were much shorter than traditional development programming. The consolidation of power to the EU institutions and representatives meant that EUTF projects were “identified at the country level under the leadership of the EU Delegations, discussed and selected by an Operational Committee.” Engagement from African stakeholders and civil society was not required. An interview with a representative from the Operational Committee revealed that EUTF “projects were simply approved without discussion. Negotiations took place upstream between EUTF managers, European agencies, EU delegations, and partner countries.” This form of decision-making amplifies hierarchical structures between European and African representatives. Strategic Partnerships Certain EU member states partnered with African states to implement migration management programs in which they exercised authority over the movement of migrants within Africa, especially in the origin and transit countries. Not only do these policies directly conflict with the EU’s stated commitments regarding development aid and cooperation with partner countries, but the EU’s agenda is antecedent to European empires leveraging local African officials to undertake security operations in the continent. Today, this exploitative relationship is parallel to the EU’s allocation of capital, military equipment, and capacity-building instruments to African representatives who adhere to the needs of EU leaders. This pattern is visible in various projects and funding executed under the EUTF. Though reluctant to enter into such agreements with Europe, African policymakers are forced into a “perpetual balancing act, juggling domestically-derived interests with the demands of external donor and opportunity structures.” This concession stems from inherent power asymmetry between relatively weak and powerful states, upholding colonial legacy hierarchies. Case Studies on Libya and Ethiopia In the following section, I use Libya and Ethiopia as case studies to provide evidence that EUTF’s prioritization of funding migration management projects, increasing policing and surveillance in these countries, and imposing positive and negative conditionalities are reflective of neo-colonial practices to assert dominance over the movement of African irregular migrants. I chose these countries to study because each one falls within one of the two geographical windows and serves either as a popular departure or transit country where the European Union is heavily involved in migration management projects. Libya Libya is a major departure country for migrants from West African countries of origin such as Nigeria, Guinea, Gambia, Ivory Coast, Mali, and Senegal. Italy demonstrated strategic interest in Libya due to its geographical proximity and colonial legacy. Between 2017 and 2022, the Italian Ministry of Interior (MI) led implementations of various migration management projects that sought to curb the arrival of migrants into Italy. In 2017, MI led the first phase of its project called “Support to Integrated Border and Migration Management in Libya” with a budget of EUR 42.2 million and a EUR 2.23 million co-financing from Italy. The principal objective of this phase was migration management. Focus areas included strengthening border control, increasing surveillance activities, combatting human smuggling and trafficking, and conducting search and rescue operations. The second phase of this project was launched by MI in 2018 until 2024 for EUR 15 million. This phase was focused on capacity-building activities and institutional strengthening of authorities such as the Libyan Coast Guard and the General Administration of Coastal Security. It also advanced the land border capabilities of relevant authorities and enhanced search and rescue (SAR) capabilities by supplying SAR vessels and corresponding maintenance programs. The beneficiaries of this project included 5,000 relevant authorities from the Libyan Ministry of Interior (MoI), Ministry of Defense (MoD), and Ministry of Communications. The indirect beneficiaries include “future migrants rescued at the sea due to the procession of life-saving equipment to Libyan Coast Guard and General Administration for Coastal Security for them to be able to save lives.” Italy’s actions under the EUTF compromise the proper use of development financing tools by diverting them for the use of security-related projects. Its engagement and strengthening of Libyan security apparatuses such as the Libyan Coast Guard also undermine the values of human rights that EU member states claim to promote in their foreign policies as the Libyan Coast Guard is notorious for violating non-refoulment principles and committing human rights violations such as extortion, arbitrary detention, and sexual violence against migrants and asylum seekers. Recognizing brutal actions by the border authorities and the deplorable living conditions in detention centers in Libya, the Assize Court in Milan condemned the torture and violence inflicted in these centers. In November 2017, the UN High Commissioner on Human Rights released a statement criticizing the EU’s support for the Libyan Coast Guard as “inhumane” as it led to the detention of migrants in “horrific” conditions in Libya. Despite institutional disapproval of the EU’s and Italy’s involvement in Libya, funding for these security projects continued. Ethiopia While Ehtiopia was never formally colonized, it remained under Italian occupation from 1935-1941 and subsequently fell under (in)formal British control from 1941-1944. The EUTF initiatives in Ethiopia do not show the same patterns of cooperation as seen in Libya and Niger, since Ethiopia served as a key interest to the EU due to its status as one of the main countries of origin, transit, and destination for migrants and refugees. EUTF report from 2016 highlighted that Ethiopia hosts over one million displaced people. It is also the biggest recipient of EUTF funding in the Horn of Africa. Its geographical proximity to countries like Eritrea, Somalia, and South Sudan has vastly affected its migration demographics, making it a focus area for the EU’s development aid under the EUTF. While there pre-existing migration management schemes in Ethiopia, they were concerned with the returns and reintegration of irregular Ethiopian migrants and refugees rather than building up the capacity of various security actors as seen in other regions. This objective was linked with positive conditionalities as the Third Progress Report on the Partnership Framework with third countries under the European Agenda on Migration links progress in the returns and readmissions field with more financial support for refugees that reside within Ethiopia. Additional projects in Ethiopia were geared towards economic development and focused on addressing the root causes as outlined in Valletta. Some of these initiatives included job creation, providing energy access, healthcare, and education to vulnerable populations which are in line with development cooperation. However, the European Union’s increasing focus on returns and readmission of Ethiopian migrants can decrease revenue derived from remittances which contribute three times more to the Ethiopian economy than development financing. This approach ensures the fulfillment of the EU’s migration interests while undermining Ethiopia’s economic needs. Ethiopian officials also expressed disappointment with the EUTF measures because they were guided by the EU’s focus on repatriation, thereby eroding migration cooperation with Ethiopia. In regards to EU interests in Ethiopia, an EU official claimed: “We can pretend that we have joint interest in migration management with Africa, but we don't. The EU is interested in return and readmission. Africa is interested in root causes, free movement, legal routes, and remittances. We don't mention that our interests are not aligned.” This non-alignment in interests is irrelevant to the EU because it is the more dominant actor and has the power to assert its priorities by using money as leverage. However, this pattern of interaction comes at the cost of losing cooperation with Ethiopian stakeholders and diverging finances from refugee and migrant populations in Ethiopia who need humanitarian assistance. Perspectives from Africa African representatives and ambassadors displayed suspicion about the fund’s motives and called on the EU to fund projects that increase economic opportunities in their respective countries. As Nigerien mayor of Tchirozerine Issouf Ag Maha stated, “as local municipalities, we don’t have any power to express our needs. The EU and project implementers came here with their priorities. It’s a ‘take it or leave it’ approach, and in the end, we have to take it because our communities need support.” Maha’s statement highlights the role the EU plays in shaping the direction of development money and how its priorities overshadow decisions and input from local officials, who are significantly more knowledgeable about the needs of their communities. Despite diverging interests and priorities, African officials concede to their demands because their communities require financial resources to alleviate hardships. President Akufo-Addo from Ghana claimed that “ instead of investing money in preventing African migrants from coming to Europe, the EU should be spending more to create jobs across the continent.” Similarly, Senegalese President Mackey Sall and former Chairperson of the African Union warned that the trust fund to tackle the causes of migration is not sufficient to meet the needs of the continent stating, stated that “if we want young Africans to stay in Africa, we need to provide Africa with more resources.” The allocation of aid to security-related projects comes at the expense of funding genuine development projects that align with the needs of African communities. It also takes advantage of the ‘cash-starved’ governments.” These statements underscore the necessity of the EUTF to direct capital towards structural and sustainable economic development as opposed to combatting, detaining, or returning migrants. However, the EU has not been responsive to these inputs from its African stakeholders despite stressing the importance of cooperation and partnership during the Valletta Summit. Reinforcing Power Imbalances The imposition of European policies and priorities through the EUTF takes advantage of African nations' relatively weaker economic standing and agency, showing that the political and security needs of powerful states and institutions determine where and how development aid is designated. It also shows the continued influence and intervention of European interests into their ostensibly independent former colonial holdings, therefore reiterating Nkrumah’s theory that foreign capital, such as development aid, can be used for the exploitation of developing countries by their former colonial powers. This hypocrisy goes against the EU’s normative approaches to its foreign policy while also continuing to reinforce power imbalances and colonial-era hierarchies between Europe and Africa. Discussion Critically examining the European Union Trust Fund in the broader context of EU-Africa relations demonstrates how EUTF represents a complex intersection of historical legacies, political interests and expediency, and political ideologies that determine attitudes towards migrants and refugees and thus, shape policy outcomes. These factors reinforce each other by showing the multifaceted nature of migration governance. The neo-colonialism lens in my hypothesis provides historical context to show how enduring colonial legacies continue to guide policies today. This lens also forms the basis for discourse about EU-Africa relations because of the visible power imbalances that are sustained through policies like the EUTF which are structurally designed to achieve European political interests at the expense of the needs of African states. As seen through the case studies on Libya, Niger, and Ethiopia, development aid is not always allocated for the benefit of the recipient. Rather, aid can be abused as a political tool to reach the objectives of the donor institutions. Despite the rhetoric of cooperation between stakeholders, preservation of human lives, equal partnership, and addressing root causes, as stated in Valletta, the strategic policy design of the EUTF highlights the persistence of neo-colonialism because it continues historical patterns of exploitation and hierarchies between Europe and Africa. Conclusion The findings in this paper show that EUTF was not merely a development instrument but also a political one that came with negative consequences for African irregular migrants. The securitization of aid along with the EU’s other externalization policies have not effectively solved the problems that have caused the migration crisis. Instead, it has reinforced them. The model of the EU’s migration policies under the EUTF has also created issues beyond the realm of migration. As discussed, it continues to sustain power imbalances between Europe and Africa, shift aid priorities, and undermine development goals.Addressing the migration crisis will require a paradigm shift in the EU migration policy domain. The EU needs to deviate away from a security-based approach to a holistic and rights-based approach. This ideological reform requires the EU to look inward to address its own limitations and failures by recognizing its neo-colonial practices, acting out of mutual rather than political interests, and lastly, collectively humanizing migrants and refugees arriving to Europe for safety and opportunities. Through these measures, the EU and African stakeholders can address the true root causes of migration – which stem from structural global inequalities. References “A European Agenda on Migration.” European Commission. 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Accessed March 14, 2024. https://trust-fund-for-africa.europa.eu/our-programmes/support-integrated-border-and-migration-management-libya-second-phase_en Tawat, Mahama and Eileen Lamptey. “The 2015 EU-Africa Joint Valletta action plan on migration: A parable of complex interdependence.” International Migration 60, no. 6 (21 December 2020): 28-42. https://onlinelibrary.wiley.com/doi/10.1111/imig.12953 Trust Fund Financials.” Emergency Trust Fund for Africa. Accessed March 14, 2024. https://trust-fund-for-africa.europa.eu/trust-fund-financials_en Tusk, Donald. “Valletta Summit on Migration.” Speech. Valletta, Malta. November 2015. European Council. https://www.consilium.europa.eu/en/meetings/international-summit/2015/11/11-12/ “Valletta Summit, 11-12 November 2015 Action Plan.” European Commission. Accessed March 14, 2023. https://www.consilium.europa.eu/media/21839/action_plan_en.pdf “What is the EU-Turkey deal?” Rescue. March 16, 2023. https://www.rescue.org/eu/article/what-eu-turkey-deal Zaun, Natascha and Olivia Nantermoz. “Depoliticising EU migration policies: The EUTF Africa and the politicization of development aid.” Journal of Ethnic and Migration Studies 49, no. 12 (May 2023): 2986-3004. https://www.tandfonline.com/doi/full/10.1080/1369183X.2023.2193711 Zaun, Natascha and Olivia Nantermoz. “The use of pseudo-causal narratives in EU policies: the case of the European Union Emergency Trust Fund for Africa.” Journal of European Public Polic y 29, no. 4 (February 28, 2021): 510-529. https://www.tandfonline.com/doi/full/10.1080/13501763.2021.1881583#:~:text=According%20to%20the%20Commission%20Decision,insufficient%20resilience%20to%20food%20crises'%2C “2016 Annual Report.” Trust Fund for Africa. 2016. https://trust-fund-for-africa.europa.eu/system/files/2018-10/eutf_2016_annual_report_final_en-compressed_new.pdf “2017 Annual Report.” Trust Fund for Africa. 2017. https://trust-fund-for-africa.europa.eu/document/download/1a5f88be-e911-4831-9c2a-3a752aa27f7e_en?filename=EUTF%202017%20Annual%20Report%20%28English%29.pdf “2018 Annual Report.” Trust Fund for Africa. 2018. https://trust-fund-for-africa.europa.eu/document/download/fb0737ce-3183-415a-905c-4adff77bfce3_en?filename=Annual%20Report%202018%20%28EN%29%20 “2019 Annual Report.” Trust Fund for Africa. 2019. https://trust-fund-for-africa.europa.eu/document/download/e340b953-5275-43e5-8bd3-af15be9fc17a_en?filename=EUTF%202019%20Annual%20Report%20%28English%29.pdf “2020 Annual Report.” Trust Fund for Africa. 2020. https://trust-fund-for-africa.europa.eu/document/download/4a4422e5-253f-4409-b25c-18af9c064ca1_en?filename=eutf-report_2020_eng_final.pdf “2021 Annual Report.” Trust Fund for Africa. 2021. https://trust-fund-for-africa.europa.eu/document/download/f3690961-e688-44de-9789-255875979c1b_en?filename=EUTF%202021%20Annual%20Report%20%28English%29 “2022 Annual Report.” Trust Fund for Africa. 2022. https://trust-fund-for-africa.europa.eu/document/download/f3690961-e688-44de-9789-255875979c1b_en?filename=EUTF%202021%20Annual%20Report%20%28English%29
- Non-Self Through Time | brownjppe
Non-Self Through Time Anita Kukeli Author Hansae Lee Koda Li Nahye Lee Editors Buddhism, like other major religions, has a particular philosophical framework underpinning its teachings. In other words, Buddhism and other religions might be thought of as offering a set of answers to philosophical inquiries, such as questions about moral right and wrong or questions about our position in the universe. The area of philosophical inquiry with which this paper is concerned is the philosophy of self. What does it mean to be a person? Buddhism engages with this debate. Foundational Buddhist thought, or Theravada Buddhism, offers a particular conception of personhood called anatman , or “non-self.” The idea here is that the commonly accepted notion of the self if mistaken; we are not selves. Ordinarily, pre-philosophical reflection on the question of what a person is, one might likely respond that a person it a unified individual entity, such as you or me. Philosophical views depart from this common concept to varying degrees. Some define a person as a human body, comprised of cells and ultimately governed by biological processes. Alternatively, perhaps a person is a mind, constituted most fundamentally by their beliefs and feelings and decisions. Maybe personhood is some mix of the two, or something else entirely. In contrast, the Buddhist conception of personhood rejects the notion of the self as a definable single entity entirely. At first glance, this may seem unacceptable to someone unfamiliar with Buddhist teachings. However, by reproducing the arguments presented in early Buddhist texts, I will show that anatman is on its own a plausible view. I will argue that the real trouble for anatman arises when considered within the broader tradition of Buddhist thought, especially in regard to samsara and karma . Samsara refers to the Buddhist idea of a cycle of rebirth, closely related to karma. Both samsara and karma involve the self persisting from one lifetime to the next. But, if there is no self, how can it persist? Surely, for something to persist through time, that thing must exist. So, it seems that if we accept anatman , and there is no such thing as a self, then we cannot accept samsara or karma. To resolve this tension, there must be a description of this persistence through time that does not require the existence of a self. I will argue that the Buddhist concept of dependent arising accomplishes this, and therefore resolves the tension between anatman on the one hand and samsara and karma on the other. Anatman The argument for anatman derives from the concept of the five aggregates. This is a Buddhist concept that refers to five constitutive parts of a person. The five aggregates are translated various ways, but for the purposes of this paper I will offer them in simple terms. The five aggregates consist of 1) material form, 2) sensation, 3) perception, 4) volitional force, and 5) consciousness. A foundational Buddhist text, the Questions of King Milinda, includes a conversation in which a Buddhist monk named Nagasena purports that the self does not exist. His interlocutor, King Milinda, then asks, what is it that the name Nagesna is denoting? Does it refer to material form? To sensation? He continues through each of the five aggregates, and Nagasena responds that it is none of these (Milinda’s Questions 36). To explain how that may be, he uses an analogy of a chariot. A chariot is not its wheels nor its axle nor its pole, though it is also not an entity separate from these things (37). In this case, the whole is not greater than the sum of its parts. Therefore, the chariot, as an entity, doesn’t exist. Rather, “chariot” is merely a term used to denote a collection of things and nothing more. Similarly, Nagasena’s name is just a useful term referring to the collection of constitutive parts called aggregates, but not to an individual self (34). The self cannot be reduced to any one of the five aggregates, and it is also not an entity separate from them. Indeed, when understood in this way, the self simply doesn’t exist. Samsara Samsara , or the cycle of rebirth, is another foundational Buddhist concept. It posits that when someone dies, they are reborn. This means that each of us have past lives that we don’t remember, from which we died and were reborn. So, we persist through one lifetime into the next. This notion of samsara is closely related to the Buddhist concept of karma , which ascribes a desert component to this cycle. Karma drives the rebirth cycle by attributing the quality of the life into which a person is reborn to the actions of their past lives. If someone commited immoral acts in their past lives, they would face the consequences by being reborn into a hellish miserable life. Conversely, if someone committed good acts, they would be reborn into a happy beautiful life (Sayings 203). This causal explanation between the actions someone undertook in their past lives and circumstances of their current life is what’s referred to as karma . In foundational Buddhist thought, Karma governs the persistence within a person from one lifetime to the next, and thus is related to samsara . The concepts of saṃsāra and karma , hand in hand, appear to be incompatible with anātman . If we grant that no person can point to any of the five aggregates and claim — “That is me!” — but, at the same time, a person is nothing more than those aggregates, we can accept the claim that the self does not exist. That is the structure of the argument presented above by Nagasena. However, accepting that the life a person is living right now is a consequence of a life they lived in the past requires that that person is persisting over time. That is, if we are to correctly say that Anita, for instance, deserves the poor quality of her life because she undertook immoral actions in her past lives, it must be that the Anita experiencing this poor-quality life is the same Anita who undertook those immoral actions. Otherwise, the immoral actions of the past lives couldn’t be attributed to the person who is living the consequentially poor-quality life. So, karma and saṃsāra require persistence. However, if the self doesn’t even exist, surely it cannot have the quality of persisting over time. Persistence necessitates existence. This is the tension that arises with the consideration of anātman in conjunction with saṃsāra ; it seems we cannot accept one without rejecting the other — unless, that is, we have an account of non-self that involves persistence through time. Dependent Arising The concept of non-self can extend through the dimension of time with the inclusion of dependent arising. In another early Buddhist text, the Buddha delineates a series of causal chains. He says, “Conditioned by ignorance there are volitional forces, conditioned by volitional forces there is consciousness, conditioned by consciousness there is mind-and-body, conditioned by mind-and-body there are the six senses…” until he arrives at suffering (Sayings 210-211). This causal chain is called dependent arising. Within this series of states, each caused by an earlier one and causing the next, we find the five aggregates: between volitional forces, consciousness, and mind-and-body. So, the five aggregates we refer to when we speak of the self are themselves just parts within a system that extends beyond them. In this way, the non-self is positioned within a greater system of causal chains. If this understanding is applied to the earlier concepts of saṃsāra and karma , the tension between them and anātman may be resolved. Initially, the idea that there is a cycle of death and rebirth called saṃsāra seems to presuppose the existence of a self, particularly as an individual entity that persists through time. Moreover, the proposition, known as karma , that the conditions of one’s present life are a consequence of past lives ascribes continuity within a self as it undergoes multiple life cycles. It seems to follow from this that one’s past actions result in one’s current experiences, meaning that the person who commits the actions must be the same person who has the current experiences. So, there must be a self that persists. But, if the cycle of rebirth driven by karma is reconsidered through a lens of dependent arising, there is no need to account for the existence of an individual entity called a self. It need not be the case that there is a self who at one point both committed certain actions and is now experiencing the effects. There need not be an individual entity to which these actions are attributed. Rather, there can be certain actions committed and resultant effects being experienced. Indeed, the constitutive parts of a person, the five aggregates, are nothing more than steps within a greater causal chain. By accepting dependent arising, we can understand what was once necessarily the persistence of the self through time as, instead, a causal relationship and no more. Earlier states bring about later states. There is no self. Conclusion By including an account of non-self over time, such as dependent arising, the tensions between saṃsāra and anātman are resolved. The argument for anātman in a given moment, what I’ve referred to as static non-self, derives from the five aggregates. As expressed in the chariot analogy, a person is not any one of the five aggregates and a person is not anything more than them. Therefore, the existence of a unified self is a mere illusion. This is an important claim within Buddhist thought because it is included in a foundational teaching: that clinging to the self is the cause of suffering. This might be enough to motivate letting go of the idea of the self, for the purpose of ending suffering. However, the idea that clinging to the self causes suffering isn’t enough to justify the plausibility of non-self. It must also be consistent with other teachings in Buddhism. Initially, it seems to be incompatible with the teachings of saṃsāra and karma . These teachings seem to necessitate a self that persists through time, because surely it must be the same person who lives through the multiple lives involved in a particular cycle of rebirth driven by their own karma . But, if the self doesn’t exist even for a given moment, how can it exist from one moment to the next? Indeed, it doesn’t. This can be explained through the concept of dependent arising, a dynamic picture of non-self. Through this lens, the five aggregates are placed in a causal chain of events. This way, there can be causal continuity within a person's life — or lives — without there necessarily being a self. Past events cause later events, and so goes the cycle of rebirth. Finally, there is no incompatibility between anatman and the rest of Buddhist teaching, and it can be justifiably accepted as a plausible account. In this manner, dependent arising resolves the tension initially faced between anatman and saṃsāra . References Gethin, Rupert. 2008. Sayings of the Buddha : a selection of suttas from the Pali Nikayas, Oxford world's classics. Oxford ; New York: Oxford University Press. Gethin, Rupert. 1998. The Foundations of Buddhism. Oxford [England] ; New York: Oxford University Press.
- In the Augenblick | brownjppe
In the Augenblick, Not the Moment: A Heideggerian Critique of Temporal Inauthenticity Lukas Bacho Author Gabriel Gonzalez Alexander Gerasimchuk Matthew Wong Editors “Be in the moment!” In our chronically online and attention-deficient age, this admonition is a constant refrain. It usually means: “Focus on neither the past nor the future, but rather the present—what is happening right now. ” A favorite instruction of guided meditations, it may also be heard as a protest against the impulse to sully a beautiful view with a photo shoot. Too often, our minds are clouded by remorse for past events or anxiety about future events that we are unable to appreciate the present for what it is. Clearly, there is some truth to this. However, the normative force of “Be in the moment!” relies on the misleading descriptive claim that we are only ever in the moment (so why try to exist outside it?). This, in turn, rests on a conception of time as a series of punctual moments, as on a timeline, that seem linked only because we perceive them as such. Martin Heidegger had a name for this understanding: “now-time,” or the “ordinary” (Vulgär ) conception of time. I seek to argue, with Heidegger’s help, that the admonition to “be in the moment” obscures essential features of our temporality, thereby diminishing our potential for authentic living. My primary aim is to reconstruct Heidegger’s accounts of now-time, world-time, originary temporality, and the authentic mode of relating to all of these. What emerges is the foundation for a more authentic way of relating to time whose explanatory priority lies not in one’s present situation but in one’s future possibilities. Now-time (Jetzt-Zeit ) is the most proximal conception of time according to which we humans, as Dasein , live our lives. On this understanding, Heidegger writes, “time shows itself as a sequence of nows which are constantly ‘present-at-hand,’ simultaneously passing away and coming along. Time is understood as a succession, as a ‘flowing stream’ of nows, as the ‘course of time.’” The language of “sequence” and “succession” indicates that time is here understood as a series of discrete moments so short that their continual coming and going seems to constitute a flow, but in fact does not. Each moment, or “now,” is “present-at-hand” in the sense that it has an objective (and thus constant) duration. One can quibble about how long exactly the “now” is, but most would say a fraction of a second. Heidegger calls this conception “now-time” because it views time as nothing but these infinitesimally short “nows,” linked by nothing but one another; for “the sequence of nows is uninterrupted and has no gaps.” Now-time resembles a popular position in contemporary philosophy known as the cinematic or snapshot view of time, which holds that “neither our awareness itself nor its contents have temporal extension.” But now-time is also the idea we live by in our everyday lives, most obviously in our use of clocks. The convention of designating the current “now” with clock-time reflects our conception of time as a series of discrete moments: 4:17 comes after 4:16, the fourth second of a minute comes after the third, and so on. Heidegger emphasizes that now-time existed far before the invention of clocks, for Dasein has always measured its time, whether by the sun or some other means; the only difference is that the units of measurement have changed. If time were divided into sufficiently short instants, the logic goes, there would be nothing between them. Indeed, now-time is so integral to our everyday existence that it is hard to imagine any other way to conceive of time. Now-time is implicit in our telling someone to “be in the moment.” To show how, let us begin by acknowledging that the imperative asks one to exist in the present, at the exclusion of both the past and the future. What is the present? Although the word “moment” seems to leave the present’s length ambiguous—it could be a split second, or the multi-hour duration of an activity—the statement’s exclusion of the past and future actually requires that the “moment” be infinitesimally short. If one were to “be” in the next minute or even the next second—that is, anticipate or worry about what will happen then—one could not claim to be in the moment. Thus, the perception of time as a succession of constantly fleeting nows underlies “be in the moment.” But that is not all: the insistence upon the singularity of the moment betrays the idea that there is only ever one moment to be in. In fact, the moment has no duration: like the instants of now-time, the moment is a point . Thus, “be in the moment,” as a statement of now-time, objectifies the present in such a way that there is nothing significant about it except the fact that it is the present. Why should we be in the present? Because it is the present—because it is all that is. Heidegger complicates this picture by introducing the notion of world-time (Weltzeit ). If now-time is responsible for our sense of the present’s punctuality, world-time is responsible for our sense of the present’s universality, and is thus explanatorily prior to our conception of now-time. As Heidegger puts it, world-time is “that time ‘wherein’ entities within-the-world are encountered.” In other words, it is the kind of time that enables us to encounter things in the world. We can clarify what world-time is by examining its four constitutive aspects in turn: publicness, datability, spannedness, and worldhood. The most accessible of world-time’s four aspects is publicness (Öffentlichkeit ). Indeed, Heidegger often calls world-time “public time.” Publicness is the characteristic of world-time whereby we take ourselves to be in the same “now” as one another at any given time. Publicness allows me to say to another person, “Now it is twelve o’clock,” knowing that if they are in the same time zone, it is now twelve o’clock for them, too. If they are not in my time zone—if we are talking on the phone, for instance—I still understand that while it is currently another time for them, we are fundamentally in the same now . And publicness extends beyond the now: only because we understand time as public, as shared, as out there in the world, can we say that we “use,” “buy,” or “borrow” time. Publicness is perhaps the aspect of world-time that is least concealed in now-time, since the measurement of time with clocks and timeliness obviously presupposes that any quantified time will be intelligible as the same “now” by everyone. Still, the fact that we take ourselves to be in the same now remains hidden in now-time. We take for granted that “now” is simply now —that when one person says “be in the moment,” the other will know what time they mean. A second aspect of world-time is datability (Datierbarkeit ), the structure by which Dasein assigns a temporal structure to its experience. In practice, datability refers to our assignment of times to events and events to times, even “before” we impose the numerical values of now-time (like “November 8” or “9:15 a.m.”) on those events. For example, when we say “It is cold,” we mean “It is cold now ,” just as when we say “It was cold,” we mean “It was cold formerly .” Conversely, time has content for us, for “When we say ‘now,’ we always understand a ‘now that so and so.’” Although datability includes the word “date,” it has nothing to do with numerical dates. Instead, datability simply means that all that happens is happening at a time, and every time is a time when something is happening. Clearly, datability enables the conception of now-time, since interpreting time as a sequence of nows makes sense only if Dasein has an intuitive idea of its existence within a structure of past, present, and future. If Dasein could not date itself, time could not seem to be a “flowing stream,” since Dasein would not be fixed in relation to it. In this admittedly murky way, now-time reveals datability as a feature of world-time. Mostly, however, now-time covers up datability, for the now of now-time is not understood to be “now, when x ,” but rather simply “now.” This is especially glaring in “Be in the moment!” In the moment when you are doing what? The admonition suggests that the moment is a space where you need not do anything, when in fact every moment is always a moment when you are doing something. The aspect of world-time which may be most obscured by now-time is spannedness (Spanne ), which affords every “now” the property of duration. Heidegger introduces the concept of spannedness by observing that we understand there to be a length of time—not just a series of nows—between any “now” and a future “then.” This liminal length is itself datable with expressions like “during” and “meanwhile,” which shows that we can conceive of a future “now” (and by extension, any past or present now) with a duration we ourselves have determined. Spannedness accounts for how I can simultaneously say “Now I am writing,” “Now I am a student,” and “Now I am alive,” even though these nows are of vastly different lengths. In fact, no now to which we refer is ever punctual; every now is temporally extended. Even the clock, our paradigmatic instrument of now-time, reveals the spanned nature of world-time by designating as an hour an arbitrary number of minutes and as minute an arbitrary number of seconds. Seconds may be in turn divided into milliseconds, nanoseconds, and so on—there are infinite nows between one second and the next—though the clock does not show this directly. Assigning numbers to time requires that we pin down the now as if it were punctual, when in fact it is spanned. Much like a clock obscures the spannedness of seconds, the statement “be in the moment”—in its exclusion of anything that might be called past or future—obscures the spannedness of said moment, despite the fact that “moments” are by definition variable in length. The fourth aspect of world-time is worldhood (Weltlichkeit ), which situates every time in a normative structure of significance. As Heidegger explains, “The time which is interpreted in concern is already understood as a time for something. The current ‘now that so and so…’ is as such either appropriate or inappropriate .” He returns to the sun for a primitive example: depending on the context, the now of dawn is understood implicitly as the time for waking up or the time for going to work. The clock, as an instrument of now-time, obscures this aspect of world-time by seeming to give every “now” equal status. But it is in light of the worldhood of time that clocks are useful to us: 8:00, for example, is not just a string of numbers—“the time it is now”—but “the time for waking up,” or whatever the case may be. Moreover, the design of a clock—which assigns the hour and half-hour to the extreme points of its vertical axis, and the fifteen-minute intervals between these to its leftmost and rightmost points—reflects our taking certain numerical times to be more appropriate than others as times for anything. For instance, 9:00 is a more “appropriate” time than 9:03 or 9:10 not by itself, but rather for setting an alarm to wake up, holding a meeting, etc. The statement “be in the moment” similarly covers up the worldhood of time by suggesting that the moment is not “for” anything but itself. When someone leading a meditation says it, they want the one hearing to “forget” that they have made the moment significant as a moment for meditating. When a photo-averse person says it, it is because they have designated the moment as a moment for enjoying the scenery, not a moment for taking photos. The worldhood of time entails that by doing anything, I am implicitly asserting that now is the right time to do it. As we have seen, the admonition to “be in the moment” covers up all four aspects of the kind of time (world-time) from which we derive our ordinary conception of time (now-time). Yet Heidegger shows us that world-time is in turn explicable only by an even more basic kind of time, originary or primordial (ursprünglich ) time. Primordial time is the kind of time that Heidegger has been working to uncover throughout Being and Time ; it is “the condition which makes the everyday experience of time both possible and necessary.” In Division II, Chapter 6, he gets primordial time into view by observing that Dasein is not just Being-towards-the-end (i.e., death), but also Being-towards-the-beginning (i.e., birth). To see this, we need not look further than Dasein’s characteristic activity of thrown projection, by which Dasein claims the circumstances it has been thrown into from birth , even as it reinterprets them by projecting its own possibilities until death. Because of the bidirectional gaze of thrown projection, “Dasein does not exist as the sum of the momentary actualities of Experiences which come along successively and disappear.” In other words, Dasein does not exist exclusively in now-time, for Dasein is not just the sum of its experiences at a series of present-at-hand nows. Rather, Dasein is also its past circumstances and future possibilities. As Heidegger puts it, Dasein “is stretched along and stretches itself along ” primordial time via its own activity. The scope of primordial time is Dasein’s entire lifetime, without which the four aspects of world-time could not exist. The now could not be public, datable, spanned, or worldly without the finite being that discloses the now as public, dates the now, relates the now to the broadest now of its own life, and renders the now a time for something in light of its finitude. Therefore, primordial time is the kind of time that makes Dasein a whole and undergirds its Being as care (cf. ). Encouraging someone to “be in the moment” obfuscates primordial time, thereby exemplifying an inauthentic relation to time that Heidegger calls “making-present” (gegenwärtigen ). Making-present describes a state of “falling into the ‘world’ of one’s concern”—the everyday realm where Dasein’s perspective is confined to the objects it encounters as equipment for fulfilling immediate ends. In making-present, Dasein’s attention becomes myopic: it seems to forget its Being as thrown projection, which is to say it forgets that it goes about all its everyday tasks in the context of broader priorities. Of course, the most global context Dasein forgets in making-present is its own finitude, in virtue of which all its priorities matter. The imperative to “be in the moment” epitomizes making-present because it disallows making sense of what one is doing now in light of anything futural; thus, it stands opposed to the maxim “live every day as if it were your last,” even though similar sentiments may motivate the two statements. To “be in the moment” is to forget not only that one has priorities, but also that everything one does is an implicit articulation of those priorities. Consequently, one’s experience of time becomes “an inauthentic awaiting of ‘moments’—an awaiting in which these are already forgotten as they glide by.” Time seems never to arise, but only to pass away; one conceives of oneself not as stretching oneself along time, but rather passively lost in its flow. What making-present makes present, then, is primordial time itself, whose past and futural aspects are subjugated to the cult of the present “moment.” Heidegger reveals our potential for a more authentic relation to primordial time and world-time by contrasting making-present with his concept of the Augenblick , in which Dasein recognizes its past, present, and future as inseparable aspects of its own wholeness. The Augenblick is “the resolute rapture with which Dasein is carried away to whatever possibilities and circumstances are encountered in the Situation as possible objects of concern.” Bearing in mind both its possibilities (projection) and its circumstances (thrownness), Dasein does not lose sight of its priorities amid the world of its concern, but sees those priorities themselves as objects of concern to be constantly actualized and reevaluated. In the Augenblick, Dasein understands its Being as care and itself as finite, but not in such a way that it is afraid of its own death; its rapture is resolute , at once unflinching in its acknowledgment of mortality and steadfast in its commitment to living. The Augenblick is an “ecstasis” in the sense that it allows Dasein to stand outside the world of its concern—outside the punctual present of now-time—and grasp world-time and primordial time, if only implicitly, as the grounds of its temporal experience. Crucially, the Augenblick does not mean an escape from the present—where all experience occurs—but rather expands the present to include one’s whole life. If we translate it as “moment,” we had better bear in mind the English word’s other meaning of “importance,” from which we get “momentous.” The Augenblick renders the present important—i.e., consequential—precisely by being the “gaze of the eye,” for it is in the present (both right this second and during one’s life ) that one judges practically what is worth attending to by focusing on certain things rather than others. The Augenblick, then, could not be more different from the “moment” of “be in the moment,” for while the former imbues the now with momentous stakes by maximally dilating it, the latter deflates the stakes of the now by maximally contracting it. Even the English word “moment” obscures the essential relation between Dasein and time, whereas the German word Augenblick identifies Dasein’s caring activity—its gaze—as the precondition for temporal experience and Dasein’s sense of continuity from one moment to the next. It is an inevitable consequence of the Augenblick’s expansion of the now that the future acquires explanatory priority over the present in the question of Dasein’s Being. While the inauthentic understanding of one’s potentiality-for-Being “temporalizes itself in terms of making present,” Heidegger observes, the Augenblick does so “in terms of the authentic future.” This means that while making-present confines the implications of one’s activity to the punctual now of now-time, the Augenblick discloses those implications as primarily futural. Thus, the Augenblick is explicable not in terms of the vulgar “now” (dem Jetzt ), but in terms of future possibilities: as the “gaze of the eye,” it “permits us to encounter for the first time what can be ‘in a time’ as ready-to-hand or present-at-hand.” In the Augenblick, Dasein discovers itself in the equipment that constitutes the world of its concern, which in turn leads it to recognize that it is the one responsible for stretching oneself along and projecting itself toward certain possibilities rather than others. The worldhood of time becomes particularly apparent, for the current “moment” no longer seems trivial; every “now” becomes significant in terms of what it is a time for , which is to say in terms of its bearing on the future. So while “be in the moment” suggests that the present is all that matters, the Augenblick insists that the present matters only because the future does. In Heidegger’s categories of inauthenticity and authenticity we find the foundation I promised for a more authentic way of relating to time. “Be in the moment” exemplifies an inauthentic mode of relating to time—i.e., making-present—that obscures world-time and primordial time as the fundamental structures of our experience. To be in the Augenblick, on the other hand, is to relate to the now authentically : it means to own up to the present as datable, public, spanned, and worldly; and to understand it as inseparable from the past and future. In the inauthentic mode, one is lost in one’s immediate concerns rather than seeing the “big picture,” and passively awaits the future rather than owning it as the ground of one’s priorities. Thus, although “be in the moment” seems to inflate the status of the present, it actually diminishes the present into a kind of hollow shell. But in the authentic mode, one owns up to both the past and future—stretching back to one’s birth and forward to one’s death—as constitutive of who one is and what one does. Heidegger’s authenticity is proto-ethical in that it denotes appropriation of one’s own temporality as the ground of one’s reasons for doing this rather than that in any given case. Yet authenticity is not fully ethical, for while it describes a relation to one’s reasons (the “subjective ought”), it fails to prescribe specific actions (the “objective ought”). The extent to which one could derive the latter from the former is doubtful, at least within the framework of Being and Time. Yet authenticity, if proto-ethical, is far from irrelevant. We could retort that relating authentically to time is further than most people get in life—never mind living ethically. By saying things like “be in the moment,” we evacuate ourselves from the now, only to reinsert ourselves in it as passengers. We say that time is a flowing stream, forgetting that we are the ones stretching ourselves along. At worst, we pretend indifference, when in fact—as being in the Augenblick reminds me—there is nothing more fundamental to our experience than that we care. References Hägglund, Martin. “Lecture 25: Now-Time, World-Time, and Originary Temporality.” Lecture. PHIL 402: Being and Time, Yale University, 24 April 2024. Heidegger, Martin. Being and Time . 1927. Translated by John Macquarrie and Edward Robinson, Harper Perennial, 2008. Phillips, Ian, editor. The Routledge Handbook of Philosophy of Temporal Experience . Routledge, 2017.
- Schedule F And The Future Of Civil Service Protections | brownjppe
Schedule F And The Future Of Civil Service Protections Sasha Bonkowsky Author Abstract Civil service protections in the United States, such as merit-based hiring, employee tenure, and the dismissal appeal , have come under attack in recent years, most notably from former president Donald Trump’s proposed Schedule F that would strip those protections from many federal employees. Under Schedule F, thousands of federal positions would become political appointees who could be dismissed at-will. This paper examines the history and justifications for exempting positions from traditional civil-service protections, as well as the feasibility for Biden’s Office of Personnel Management to forestall Schedule F. I conclude that Schedule F would likely have negative effects on government performance and morale, but that the OPM may not be able to effectively prevent implementation of Schedule F in the event of Trump’s re-election. Word count: 4,059 Introduction Throughout President Donald Trump’s administration, he frequently attacked the federal bureaucracy for what he saw as its inefficiency or refusal to enact his policies. He was elected on promises of “draining the swamp” in American government; after the 2016 election, he repeatedly attacked a supposed “deep state” of insider operatives within federal agencies and departments who were ideologically opposed to him and used their positions in the bureaucracy, from which it was hard to dismiss them, to hamstring and block his agenda. Where Trump had appointment power, such as with agency heads or other political appointees, he was quick to remove those he saw as disloyal. However, many of his attacks were limited to mere invective. In the vast American civil service comprising more than two million employees, only 4,000 of those are political appointees that the president can remove at will. And in comparison to other democracies like the UK, France, or Japan, which all have similar civil service systems,, the US actually has many more political appointees. The rest are career employees. Career civil servants are usually hired using a merit-based, competitive examination system, in which all prospective employees are given the same exam, and those meeting or exceeding a particular score are hired. Once in the federal bureaucracy—and after a probationary period of several months to a year—employees usually cannot be dismissed unless they are found to be significantly derelict in their duties, and they can appeal a firing to the Merit Systems Protection Board (MSPB), which can investigate and reinstate an employee if they have been unlawfully dismissed. There are certain exceptions to this process, known as Schedules A through E, but they are only used when the usual processes are deemed “impractical.” In October 2020, Trump signed Executive Order 13957, which would have significantly increased the number of political appointees. It created a new category of positions within the federal bureaucracy—known as Schedule F positions—that would be exempted from regular civil service hiring procedures. Instead of the examination process, the president would be able to handpick employees for positions that fell under Schedule F and dismiss them at will without worrying about an appeal to the MSPB, as the Government Accountability Office (GAO) found in its analysis of the order. President Biden repealed the executive order during his first days in office, writing that it “undermined the foundations of the civil service and its merit system principles.” But such an action is hardly permanent—after all, another future president could easily reissue the executive order. To avoid that, the Office of Personnel Management (OPM) issued a proposed rule in late 2023 that would prevent career employees from being excepted under Schedule F or a similar order. The proposed rule also stated that any employee who was reclassified as political appointee would still possess the same protections from being fired and could appeal any dismissal to the MSPB. However, it’s unclear if this proposal will take effect before the 2024 election and a possible transition of power. This paper first examines civil service protections and common exemptions—especially those for current political appointees—in more detail, before turning to the possible effects of Schedule F and attempts to block it. Data from the past 10 years of OPM rulemaking demonstrates that, on average, rules take about a year to be finalized, meaning that if this civil service rule follows the usual timeline, it may be too late to go fully into effect before a Republican president or Republican Congress could repeal it. Civil Service Exceptions The US civil service already allows certain positions to be excepted from the competitive service in five categories: Schedules A, B, C, D, and E. Typically, prospective civil service employees must take a general exam, from which the highest scorers (and those with veteran’s preference) can be selected for hiring. However, this process can be slow, and does not cover specialized knowledge that an agency might require. Positions excepted under one of these schedules can be hired without this usual examination process when it is determined that the exam would make it impractical to recruit adequate numbers of students from qualifying institutions, (under Schedule D), when urgency is required (under Schedule A), or when selecting for particular experience (under Schedule B), among others. Only one schedule deals with political appointments—Schedule C—and it functions most similarly to the proposed Schedule F. Schedule C allows excepted hiring for “positions which are policy-determining or which involve a close and confidential working relationship with the head of an agency or other key appointed officials”. These are often positions like press secretaries for individual bureaus within agencies, White House liaisons, or confidential assistants to secretaries and undersecretaries. There are usually between 1,500 and 1,800 Schedule C appointments at any given time, with 1,725 at the end of the first Bush administration, 1,538 at the end of the Obama administration, and 1,566 at the end of the Trump administration. These political appointments within the civil service didn’t always exist, and like the present-day Schedule F, Schedule C was the subject of significant controversy when it was first carved out in 1956 under the Eisenhower administration. One Democratic senator decried Schedule C as “an attempt to turn the civil service into a Republican grab bag” on the Senate floor, and the Democratic Party platform of 1956 stated that the Eisenhower administration’s policies “reflect prejudices and excessive partisanship to the detriment of employee morale”. The director of the Civil Service Commission defended them in the New York Times , writing that “the American people in 1952 expected your Administration to put into effect your announced policies…it is of the most vital importance that…policy-determining officials should be subject to change with any change in political administration”. Yet despite this public criticism, the Democratic-controlled Congress passed no legislation curtailing or ending Schedule C, and presidents of both parties have made use of Schedule C’s hiring authority. Several restrictions are placed on Schedule C positions and the ways in which they can be assigned. There are no “vacant” Schedule C positions which may be filled at will by the President—instead, any Schedule C positions must be approved by the director of OPM, and OPM’s authorization for those positions is automatically revoked when an employee leaves. Additionally, when requesting Schedule C exception, the head of the requesting agency must submit a statement to OPM that the position was not created in order to detail the employee to the White House—that is, assign them to work in the White House while still being paid by their original agency. This requirement was added after a 1990 GAO report found that Schedule C appointees were being inappropriately detailed to the White House rather than performing the specified duties of their positions. Though Schedule F and Schedule C may appear similar in their creation of low-level, politically appointed positions, the proposed Schedule F category would carve out much broader exceptions to the competitive service. Schedule C restricts its exceptions to appointments of a “confidential or policy-determining” character; Schedule F would allow exceptions to the competitive service for positions of a “confidential, policy-determining, policy-making, or policy -advocating character.” Policy-making or policy-advocating are much broader terms than merely policy-determining, and their definitions are statutorily vague, meaning they could be applied to a much greater number of employees. The executive order drew its legal basis from Section 7511 of Title 5 of the US Code, which excludes employees “of a confidential, policy-determining, policy-making or policy-advocating character” from competitive examination procedures and protection from dismissal. Determination of whether an employee’s job fits these requirements are made by the President and required to be authorized by the head of OPM. This exception, however, had never been put into practice before. The effects of Schedule F implementation are unclear. The executive order was issued in late October 2020, directing that agencies should submit a list of positions that would fall under Schedule F and their reasons for selecting those positions within 90 days (on January 19, 2021). Agencies were also directed to submit petitions to the Federal Labor Relations Authority to determine whether excepted positions under Schedule F would also be excluded from collective bargaining authorities. Few agencies—15 in total, out of over 400 federal agencies—submitted information to OPM, many claiming that they needed more time. Of those, just four agencies submitted names and lists of positions for conversion: the International Boundary and Water Commission proposed converting just 5 employees of its 234, the Environmental Protection Agency proposed 579 employees of its 11,000, the Federal Energy Regulatory Commission proposed 836 of its 1,166 employees, and the Office of Management and Budget (OMB) proposed 436 of its 527 employees. One issue is these agencies are not particularly representative of the bureaucracy as a whole—the IBWC and FERC are independent commissions, and OMB is deeply embedded in the White House—and so it remains unclear exactly how many employees would be affected by a future implementation of Schedule F. However, the authors of Schedule F have definite intentions for its use and assumptions of how many employees it might affect. The executive order was largely crafted and written by James Sherk, a member of the Domestic Policy Council focusing on labor policy. In 2017, he submitted a memo entitled “Proposed Labor Reforms,” in which he argued for the possibility that “Article II executive power gives the president inherent authority to dismiss any federal employee. This implies civil service legislation,as well as other protections for federal employees, (such as preventing their dismissal for joining a union) are unconstitutional. If so, the President could issue an Executive Order outlining a streamlined new process for dismissing federal employees”. Three years later, he would see that executive order realized in the creation of Schedule F. At a panel discussion for the National Academy of Public Administration (NAPA) in 2023, he continued to argue in favor of this proposition, saying that “every federal employee should serve at the pleasure of the president”. Given the limited data submitted by agencies, there’s no set number of employees Schedule F might affect. Experts, and Sherk himself, have estimated around 50,000, although Sherk noted the number as a low estimate., In the same NAPA seminar, he said that “I think there's ways you could broaden the scope of the order…I think you could expand it beyond 50,000. Say to like, 200,000. 300,000.” Former Trump administration officials have reportedly “saved lists of previous appointees…as well as career officers they viewed as uncooperative and would seek to fire based on an executive order to weaken civil service protections”, although such lists have not been made public. But having the ability to fire employees, or doing so, doesn’t necessarily mean the administration would be able to fill the positions. The Trump administration was slower than other administrations to nominate officials to key positions, other civil servants rated Trump appointees as less competent than previous Republican administrations or career civil servants, and the Trump administration faced difficulties finding even officials to fill top-level positions. While the Trump administration was able to authorize and fill about as many Schedule C positions as previous administrations, that doesn’t necessarily mean they would be able to fill Schedule F positions given the vastly larger number of them. Besides the numerical scope of its effects, Schedule F was also defended as necessary to improve the efficiency of the federal bureaucracy. The text of the executive order itself cited “long delays and substandard-quality work for important agency projects” as part of its rationale, and stated “agencies need the flexibility to expeditiously remove poorly performing employees”. Many stakeholders that GAO interviewed acknowledged that the speed of federal hiring should be improved, and that Schedule F would streamline that process; one also told GAO that “employees in Schedule F positions should be…more motivated to quickly and effectively implement the President’s policy agenda”. Criticism of a slow-moving and unresponsive bureaucracy, in which onerous hiring procedures and strict removal protections hamstring the agencies themselves, has been long-standing. Presidents and agencies alike have bipartisanly seen problems in the hiring process and sought to reform it: the US National Performance Review in 1993 wrote that “hiring is complex and rule-bound” in the civil service; a Bush-era report from the Merit Systems Protection Board wrote in favor of reform that would “provide agencies the flexibilities they need to effectively manage” and recommended that OPM should “speed the process” of federal hiring; and the Obama administration in turn issued guidance on simplifying and overhauling the civil service hiring process. The picture is little better in terms of firing underperforming employees: it’s long been understood that civil protections reduce the power of incentives, such that employees in government see little connection between performance and job security. But Schedule F seems unlikely to accomplish these reforms in a way that benefits government performance. Several of the stakeholders which GAO spoke to said that Schedule F could make recruitment of federal employees more difficult, as potential applicants might be leery of taking a Schedule F position if they believed they could be removed after a change in administration or for other political reasons. This is in line with the theory advanced by Gailmard and Patty, which states that civil servants are incentivized to build expertise when tenure provides them the stability to make such an investment. David Lewis writes in his book The Politics of Presidential Appointments, drawing on the example of the OPM in the 1980s and 1990s, that, while “politicization helped change policy,” it came at the expense of “long-term agency capacity and reputation…experienced career professionals left the agency and it was hard to replace them [or] recruit bright young people to work in the agency.” New meta-analysis of the meritocratic civil services on government performances found that associated practices such as tenure or merit-based hiring are broadly associated with stronger government performance and lower corruption. With an eye towards a potential future reissuing of the executive order, authors conclude that “converting career employees to Schedule F and removing their civil service protections is likely to degrade government performance”. Rulemaking To Prevent the Reinstatement of Schedule F The Biden administration and Democrats more broadly share similar concerns about Schedule F’s potential impact on the federal government were it to be reinstated by Trump or another future administration. Congressional Democrats have attempted multiple times to pass bills which would prevent Schedule F’s reinstatement or add amendments blocking Schedule F to must-pass defense appropriation bills. However, their efforts have been blocked by Republicans. Bypassing the legislative method, Biden’s OPM released on September 18, 2023, a proposed rule entitled “Upholding Civil Service Protections and Merit Systems Principles,” aimed as a regulatory method to prevent future administrations from reissuing Schedule F. The rule would: allow employees moved from the competitive service to the excepted service to retain their civil service protections unless the employee voluntarily relinquishes them. redefine “confidential, policy-determining, policy-making, or policy-advocating”—the language which Sherk and the Trump White House relied on to craft the executive order—to mean only non-career, political appointees. allow employees moved from the competitive service to the excepted service to appeal the move to the MSPB. This would, in essence, cut out the heart of Schedule F: removing its legal basis and specifying that converted employees retain tenure protections, such that converting their positions to the excepted service does not make them at-will employees. OPM draws its authority to make these changes from Chapter 75 of Title 5 of the United States Code, specifically 5 U.S. Code § 7514 and 5 U.S. Code § 7504, both sections which give OPM broad discretion to regulate civil service protections for federal employees. OPM also asserts its authority based on 5 U.S.C. 1103(a)(5) and 5 U.S.C. 1302 to make specific regulations about the procedures of moving employees between the competitive and excepted service, pointing out that OPM has repeatedly exercised that authority in the past (and indeed, regulated that movement in the implementation of Schedule F). The proposed rule closed its 60-day comment period on November 17, 2023, during which time it received 4,096 comments. With the strong support of the Biden administration and the leadership of OPM behind it, the rule is expected to move forward. However, the proposed rule has been the target of criticism by Republicans and people associated with the Trump 2024 campaign—which gives OPM a potential impending deadline. Almost certainly, if Trump wins the 2024 election and the rule is not finalized by his inauguration, he will direct the OPM to drop it; and even a finalized rule could be subject to overturning by a potential Republican Congress under the Congressional Review Act. The Congressional Review Act (CRA) is a tool that Congress can use to overturn federal regulatory actions, which was enacted as part of the Small Business Regulatory Enforcement Fairness Act in 1996. The CRA requires that agencies submit finalized rules to Congress and the GAO 60 legislative days before they take effect: if Congress passes a resolution of disapproval of the rule within that time period and the President signs it, or if Congress passes such a resolution over a presidential veto, then the rule cannot go into effect. Because of the threat (and exercise) of presidential veto power, rules have been overturned under the CRA only immediately following a change in presidential administration, in 2001, 2017, and 2021. However, the deadline for finalized rules to avoid CRA review by a potentially hostile Congress or President is not just 60 days before a new president could be inaugurated (that is, late November). Congress has 60 legislative days to consider rules—and if Congress adjourns sine die during that period, the 60-day period resets in its entirety beginning on the 15th day of the new legislative session, in what’s known as a “lookback” period. In 2017, that meant that the Republican Congress was able to disapprove of rules finalized as far back as May 2016. Thus, in order to be certain that it will go into effect, OPM must finalize its rule by mid-2024. But the question is if it will be able to do so by then. In the 2023 Fall Unified Agenda, published by the Office of Information and Regulatory Affairs (OIRA), OPM specified that it is targeting April 2024 for publication of a final rule. Based on historical precedent, this would provide the rule enough time to avoid reconsideration and potential disapproval from the next Congress. But OPM’s projected timeline may be overly optimistic, given its past timelines in publishing final rules. I collected data on finalized OPM rules between 2023 and 2013 in the Federal Register and examined how long it took between publication of the proposed rule and publication of the finalized rule. Since OPM’s proposed rule at hand of upholding civil-service protections has been defined as “significant” under Executive Order 12866 (likely due to its potential to “raise novel legal or policy issues arising out of legal mandates [or] the President’s priorities”), I restricted my search to only those rules which were similarly deemed significant, as they require a full review by OIRA that lengthens the rulemaking process. I also did not include OPM rules that were issued only as interim final rules rather than undergoing a full notice-and-comment period. The full list of all OPM rules meeting these criteria and their timelines can be found in Appendix A. Below are the summarized results: FIGURE 1: OPM RULEMAKING AVERAGE TIMELINE Notes: The timeline of OPM rulemaking is defined as the number of days between OPM’s publication of a proposed rule and the publication of a final rule. Several outlier rules took more than three years to be finalized. Data sourced from the Federal Register, 2013-2023. FIGURE 2. OPM RULEMAKING TIMELINE BY YEAR Notes: OPM published no significant final rules in 2017. Data sourced from the Federal Register 2013-2023. On average, it took 473 days between OPM issuing a proposed rule and OPM issuing a final rule. Even after eliminating the major outlier rule that took nearly 6 years to finalize, the data still suggests that it generally takes over a year to finalize a rule after it is proposed. Though the timeline varies slightly year by year, there is no clear pattern that would allow us to infer that the OPM of 2023-2024 finalizes rules significantly faster or slower than the OPM of, say, 2013-2014. If this timeline holds for OPM’s rule undercutting Schedule F, we can project that OPM will finalize the rule sometime in December 2024—too late to avoid a potential disapproval under the CRA. However, one case study of similar civil-service rulemaking demonstrates that potential CRA review is not the same as certain CRA review. On September 17, 2019, the OPM under Trump issued a proposed rule that would more strictly enforce the probationary period before employees were accepted to a competitive service position and sought to streamline civil service removal procedures. In many ways, this rule was a precursor to Schedule F, drawing on the same language and reasoning about an ineffective federal government that couldn’t remove underperforming employees. The rule was finalized on October 16, 2020, a timeline which would have allowed the 117th Congress under unified Democratic control to review and disapprove it. They didn’t. It’s not entirely clear why not: congressional disapproval of rules cannot be filibustered in the Senate, and 20 days after their proposal can be discharged for a floor vote by a minority of 30 Senators. More likely, the Democratic Congress preferred to let rollback occur through the agency processes: there were only three rule disapprovals in total in 2021 of Trump-era rules, but many more were overturned by agencies’ new leaders. But that process takes time, and so it was only in November 2022 when OPM finalized its rollback, meaning the Trump-era changes were in place for almost two full years of the Biden administration. The OPM’s proposed anti-Schedule F rule would likely follow a similar track. An OPM under Trump would certainly seek to undo it, even if the rule is successfully finalized and put into effect without disapproval—but as in the case above, it would likely take them months or years to do so. A rule undoing this one would also be open to legal challenges that an executive order would not be, and the Trump administration faced significant challenges in successful rulemaking. Previous administrations succeeded in roughly 70% of challenges to agency actions, while the Trump administration had a dismal 23% success rate in legal challenges due to bypassing procedural requirements, providing incomplete analyses of policy effects, or taking action which exceeded an agency’s statutory authority. Conclusion Whether or not OPM manages to finalize its rule and put it into effect successfully, the fight over the structure and protections of the civil service is unlikely to end in 2024 or beyond. In recent years, long-held civil service practices of non-politicization and tenure protections that were largely taken as established have come under increasing attack, largely from Republican officials and presidential candidates. In recent years, it’s the executive branch which has been most involved in determining the structure of federal civil service, from the Schedule F executive order to OPM’s proposed rulemaking, and attempts for similar legislation have been blocked or stalled out before making major progress, and research has largely focused on the president’s and agencies’ influence. But Congress has historically been the instrument of major changes to the civil service, from the Pendleton Act to the Civil Service Reform Act of 1978—and it’s only recently that Congress has ceded that power to the executive. While research such as this examining the direction, scope, and timing of executive influence over civil service is certainly beneficial given the political context, one potential direction for further research could be an examination of Congress’ role in civil service in the past, and what potential legislative actions would be beneficial in future. 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Oliveira, Eloy, et al. “What Does the Evidence Tell Us about Merit Principles and Government Performance?” Public Administration , vol. n/a, no. n/a, June 2023. Wiley Online Library , https://doi.org/10.1111/padm.12945 . OPM. “Probation on Initial Appointment to a Competitive Position, Performance-Based Reduction in Grade and Removal Actions and Adverse Actions.” Federal Register , 17 Sept. 2019, https://www.federalregister.gov/documents/2019/09/17/2019-19636/probation-on-initial-appointment-to-a-competitive-position-performance-based-reduction-in-grade-and . ---. “Upholding Civil Service Protections and Merit System Principles.” Federal Register , 18 Sept. 2023, https://www.federalregister.gov/documents/2023/09/18/2023-19806/upholding-civil-service-protections-and-merit-system-principles . Peters, Gerhard, and John Wooley. “1956 Democratic Party Platform.” The American Presidency Project , https://www.presidency.ucsb.edu/documents/1956-democratic-party-platform . Accessed 12 Dec. 2023. Rainey, Hal G. “Perceptions of Incentives in Business and Government: Implications for Civil Service Reform.” Public Administration Review , vol. 39, no. 5, 1979, pp. 440–48. JSTOR , https://doi.org/10.2307/3109918 . Rein, Lisa, et al. “Trump’s Historic Assault on the Civil Service Was Four Years in the Making.” Washington Post , 24 Oct. 2020. www.washingtonpost.com , https://www.washingtonpost.com/politics/trump-federal-civil-service/2020/10/23/02fbf05c-1549-11eb-ba42-ec6a580836ed_story.html . “SUPPLEMENTAL APPROPRIATIONS 1956.” CIA FOIA , 5 May 2010, https://www.cia.gov/readingroom/document/cia-rdp63t00245r000100180018-2 . Swan, Jonathan, et al. “Biden Administration Aims to Trump-Proof the Federal Work Force.” The New York Times , 15 Sept. 2023. NYTimes.com , https://www.nytimes.com/2023/09/15/us/politics/trump-biden-schedule-f.html . Swan, Jonathan, and Maggie Haberman. “Heritage Foundation Makes Plans to Staff Next G.O.P. Administration.” The New York Times , 20 Apr. 2023. NYTimes.com , https://www.nytimes.com/2023/04/20/us/politics/republican-president-2024-heritage-foundation.html . Thompson, James R. “Civil Service Reform Is Dead: Long Live Civil Service Reform.” Public Personnel Management , vol. 50, no. 4, Dec. 2021, pp. 584–609. SAGE Journals , https://doi.org/10.1177/0091026020982026 . Trump, Donald. “Executive Order on Creating Schedule F In The Excepted Service.” The White House , https://trumpwhitehouse.archives.gov/presidential-actions/executive-order-creating-schedule-f-excepted-service/ . Accessed 13 Dec. 2023. Ungar, Bernard L. “Details of Schedule C Employees to the White House.” GAO , 1992. https://www.gao.gov/assets/t-ggd-92-28.pdf United States Government Policy and Supporting Positions (Plum Book), 2016 . U.S. Government Publishing Office, 1 Dec. 2016. DGPO , https://www.govinfo.gov/app/details/GPO-PLUMBOOK-2016 . United States Government Policy and Supporting Positions (Plum Book), 2020 . U.S. Government Publishing Office, 1 Dec. 2020. DGPO , https://www.govinfo.gov/app/details/GPO-PLUMBOOK-2020 . Wagner, Erich. “Schedule F Architects Say the Plan’s Critics Are ‘Hyperbolic.’” Government Executive , 29 June 2023, https://www.govexec.com/workforce/2023/06/schedule-f-architects-plans-critics-hyperbolic/388118/ . ---. “Year of the Living Dead: How Schedule F Continued to Threaten to Upend the Civil Service in 2022.” Government Executive , 28 Dec. 2022, https://www.govexec.com/workforce/2022/12/year-living-dead-how-schedule-f-continued-threaten-upend-civil-service-2020/381257/ . Young, Philip. “Civil Service and Eisenhower Texts.” The New York Times , 1 Oct. 1956, p. 14. Tables Table 1: OPM Significant Rules, 2013-2023 Rule Name Date Finalized Date Proposed Time Passed (Days) Appointment of Current and Former Land Management Employees 12/6/23 5/15/20 1300 Fair Chance to Compete For Jobs 9/1/23 4/27/22 492 Federal Employees' Retirement System; Present Value Conversion Factors for Spouses of Deceased Separated Employees 9/28/23 7/14/23 76 Retirement: Members of Congress and Congressional Employees 5/17/23 11/16/22 182 Access to Federal Employees Health Benefits (FEHB) for Employees of Certain Tribally Controlled Schools 4/13/22 9/3/21 222 Enhancing Stability and Flexibility for the Federal Long Term Care Insurance Program (FLTCIP)-Abbreviated Underwriting, Applications for FLTCIP Coverage, and Technical Corrections 11/16/22 6/3/22 166 Probation on Initial Appointment to a Competitive Position, Performance-Based Reduction in Grade and Removal Actions and Adverse Actions (repeal) 11/10/22 1/4/22 310 Temporary and Term Employment 12/1/22 9/14/20 808 Opportunities To Enroll and Change Enrollment in the FEHB Program During a Lapse in Appropriations; Continuation of Certain Insurance Benefits During a Lapse in Appropriations 4/2/21 7/20/20 256 Promotion and Internal Placement 6/8/21 12/16/19 540 Representative Payees Under the Civil Service Retirement System and Federal Employees' Retirement System 10/8/21 3/8/21 214 Federal Employees Health Benefits Acquisition Regulations: Self Plus One and Contract Matrix Update 3/25/20 4/2/19 358 Federal Employees' Group Life Insurance Program: Clarifying Annual Rates of Pay and Amending the Employment Status of Judges of the United States Court of Appeals for Veterans Claims 9/24/20 6/29/18 818 Probation on Initial Appointment to a Competitive Position, Performance-Based Reduction in Grade and Removal Actions and Adverse Actions 10/16/20 9/17/19 395 Compensatory Time Off for Religious Observances and Other Miscellaneous Changes 4/29/19 8/30/13 2068 Examining System 5/3/19 10/29/18 186 Federal Employees Dental and Vision Insurance Program: Extension of Eligibility to Certain TRICARE-Eligible Individuals; Effective Date of Enrollment 6/7/19 11/19/18 200 Federal Employees' Retirement System; Present Value Conversion Factors for Spouses of Deceased Separated Employees 9/23/19 5/28/19 118 Federal Employees Health Benefits Program Flexibilities 4/27/18 12/19/17 129 Federal Employees Health Benefits Program: Removal of Eligible and Ineligible Individuals From Existing Enrollments 1/23/18 12/1/16 418 General Schedule Locality Pay Areas 12/7/18 7/9/18 151 Veterans' Preference 12/7/18 12/27/16 710 Weather and Safety Leave 4/10/18 7/13/17 271 Career and Career-Conditional Employment 12/8/16 1/6/14 1067 Family and Medical Leave Act; Definition of Spouse 4/8/16 6/23/14 655 Access to Federal Employees Health Benefits (FEHB) for Employees of Certain Indian Tribal Employers 12/28/16 8/31/16 119 Special Rights for Transferred Employees Under the Dodd-Frank Act Regarding Federal Employees' Group Life Insurance 9/1/16 1/6/14 969 Personnel Management in Agencies 12/12/16 2/8/16 308 Recruitment, Selection, and Placement (General) and Suitability 12/1/16 5/2/16 213 Designation of National Security Positions in the Competitive Service, and Related Matters 6/5/15 12/4/10 1644 Federal Employees Health Benefits Program Self Plus One Enrollment Type 9/17/15 12/2/14 289 Federal Employees Health Benefits Program: Enrollment Options Following the Termination of a Plan or Plan Option 10/8/15 1/7/15 274 Federal Employees Health Benefits Program: FEHB Plan Performance Assessment System 6/30/15 12/15/14 197 Federal Employees Health Benefits Program; Subrogation and Reimbursement Recovery 5/21/15 1/7/15 134 Federal Long Term Care Insurance Program Eligibility Changes 10/30/15 11/13/14 351 Managing Senior Executive Performance 9/25/15 12/10/14 289 Solicitation of Federal Civilian and Uniformed Service Personnel for Contributions to Private Voluntary Organizations 10/23/15 8/17/15 67 Collection by Offset From Indebted Government Employees 1/6/14 5/2/11 980 Nondiscrimination Provisions 7/29/14 9/4/13 328 Phased Retirement 8/8/14 6/5/13 429 Electronic Retirement Processing 11/18/13 3/5/13 258 Excepted Service-Appointment of Persons With Intellectual Disabilities, Severe Physical Disabilities, and Psychiatric Disabilities 2/22/13 2/7/12 381 Garnishment of Accounts Containing Federal Benefit Payments 5/29/13 4/19/10 1136 Federal Employees Health Benefits Program: Members of Congress and Congressional Staff 10/2/13 8/8/13 55 Expanding Coverage of Children; Federal Flexible Benefits Plan: Pre-Tax Payment of Health Benefits Premiums: Conforming Amendments 10/30/13 7/20/12 467 General Schedule Locality Pay Areas 1/24/13 11/26/12 59 Programs for Specific Positions and Examinations (Miscellaneous) 12/2/13 9/7/10 1182 AVERAGE: 473 days
- Income Tax | brownjppe
Not Paying Income Tax Timely Leads to Significant Financial Losses for the governments. What Design Changes Could Be Made to Tax Collection Policy to Minimize These Delays? Aryan Midha Author Maxwell Robinson Vittorio Nazzi Matthew Wong Editors Abstract Behavioral economics challenges the notion that humans are always rational and capable of making good decisions. Humans often rely on various heuristics under uncertainty making them irrational at times. Heuristics is a mental shortcut or rule of thumb that simplifies decision-making and problem-solving. In this paper, we discuss the use of behavioral economics in improving tax policies by considering the status-quo bias, framing, and conformity heuristics. Status-quo bias causes taxpayers to stick to their default condition (i.e tax non-payment.) Framing refers to the formulation of the problem and how the information is presented to the decision maker. Further, conformity encourages taxpayers to pay their taxes by appealing to personal and social norms. Using these heuristics, I will explore how tax collection policies can be refined to minimize financial losses for the government. I. Introduction Einstein said, “The hardest thing in the world to understand is the income tax, ” which remains relevant today as tax computation and the payment process remain complicated. This leads to procrastination and non-payment, creating detrimental financial losses for the government. For example, In the US, between 2014 to 2016, the tax gap, the difference between true tax liability and amount paid on time, was $496 billion (IRS, 2022). The tax liability increased by more than 23% between the two periods, 2011-2013 and 2014-2016 indicating a need to change the tax policy. Studies show that tax policies that implement behavioral economics are more impactful and efficient compared to traditional tax policies (World Bank Group, 2018; Behavioral Insights Team, 2012; OECD, 2021). Behavioral economics assumes that humans have limited capability to compute large amounts of data at once. The World Bank splits the tax-paying process into four stages: understanding, deciding, declaring, and paying (World Bank Group, 2008). Behavioral policies can improve compliance at each stage by addressing systematic errors which are “cognitive biases or heuristics that consumers use to make pragmatic choices that are not rational or optimal ”(Kahneman, 2011). This paper will explore three main biases, namely Framing, Status quo, and Conformity, and take them into account to create a viable tax policy that targets the four stages mentioned above. Every year, more than 170 million taxpayers have to file taxes in the US. With the tax code becoming increasingly complex, taxpayers have to spend a significant amount of time filling out the 1040 form, various schedules and keeping records of their transactions. This leads to some individuals failing to pay taxes in a timely manner or take up benefits such as the Earned Income Tax Credit (EITC). II. Framing Kahneman and Tversky define framing as the formulation of the problem and how the information is presented to the decision maker (Kahneman and Tversky, 1981). This shows how information is presented impacts the decision-making process. Framing is indeed a bias, as it leads to decision-makers making different choices with identical information. Their choices are not uniform. Governments can use this to their advantage by presenting income tax letters in a way that encourages taxpayers to pay their accurate tax amount on time hence improving compliance. A study by Jones (2017) further found that at least 30% of the extra revenue accrued to the government from overwithholding arises from loss-averse behavioral response. He claims it is possible to manipulate a taxpayer’s perception of what constitutes a gain or a loss—potentially through relatively cheap manipulations to phrasing or presentation. Loss framing could be induced to increase the take-up rate of a specific tax-based incentive in targeted populations. Gain framing could be induced to reduce evasion motives among traditionally non-compliant groups, potentially in a cost-effective manner when compared to audits. Hard Tone vs Soft Tone A study in Poland (World Bank Group, 2018) showed the effect of using a hard tone versus a soft tone on tax compliance. To do so, they created two types of letters: public good positive and public good negative , where both letters informed the taxpayer how the tax revenue would be used to provide public goods such as preschools, schools, roads, and safety. The public good positive treatment creates a perception of the taxpayer as a responsible member of their community who is helping provide public goods by paying their taxes. This appeals to the taxpayer on a very personal level making them aware of the public benefitting infrastructure provided by the government, which encourages them to pay on time. The public good negative treatment frames non-payment as an implicit threat where all the municipal benefits currently enjoyed would be lost without sufficient tax revenue. It uses the principle of loss aversion to motivate taxpayers to pay. The reaction of the taxpayer, as a result, will be to pay taxes to avoid losses. Loss aversion is defined as: “changes that make things worse (losses) loom larger than improvements or gains ” (Kahneman, Knetsch, and Thaler, 1991). The key contrast between both approaches is the “inability of the government to continue providing ” vis-à-vis “potential losses suffered by the individual in the future ”. These treatments are considered soft tones as they do not mention any form of punishment for non-payment. To create a comparison, “hard tone” was also used to clearly understand what encourages taxpayers the most to pay taxes on time. The World Bank used four different hard tone samples, including: deterrence, deterrence with an execution order attached, omission, and omission combined with deterrence together. These treatments explored the different effects of using a harsher tone. In the deterrence treatment, actions such as blocking bank accounts and salaries could be implemented as a punishment. Furthermore, payment of any execution expenses that arise must be covered by the non-complier. The deterrence with execution order treatment had the same contents as the deterrence letter however a sample execution order form was attracted to the letter. This evokes guilt and fear of the possible consequences of delayed payments. Taxpayers are illuminated to the harshness of the consequences. In an omission model the government chooses to see the non-payment of taxes as accidental and gives the benefit of the doubt to the defaulter. This method of framing is used to overcome status-quo bias, which will be explored in detail later in this paper. The effectiveness of the hard and soft-tone letters was compared in three parts: payment rate, payment amount, and outstanding tax liability. The payment rate is the percentage of the tax-paying population that pays their tax on time. The control group received an official enforcement letter called a dunning letter. Of this group, 40.2% made on-time tax payments. On average, the soft-tone letter increased payment rate to 43.8% while the hard-tone letter raised payments to 46.9% with p=0.01. This suggests that proper framing can increase payment rates and that overall hard tone is the most effective choice. Additionally, the use of hard-tone and soft-tone letters increased the payment amount received per letter sent. In the control group, taxpayers paid on average 1,122.7 PLN (Polish Zloty), the soft-tone letters yielded 1278.0 PLN ($341 USD), while the hard-tone letters yielded 1368.3 PLN ($365 USD). The increase in payment received is significant as the total revenue collected increases greatly with the average payment. Lastly, the use of different tones reduced the overall tax liability. The dunning letter group had an average of 6.26% in tax liability, while behavioral letters had a tax liability of 6.17% for soft-tone and 6.10% for hard-tone letters. This shows that more people were filing their taxes and the number of short fillers was reduced giving the government valuable insight on the methods to use to increase tax compliance. Lastly, this study delved deeper into how different taxpayers react to give a more insightful result. Letters reveal that taxpayers in their mid-40s are most responsive, with responsiveness decreasing afterwards. The hard-tone messages (omission commission + deterrence) perform best among those in their 50s, while softer messages reduce compliance, especially among older taxpayers. Younger taxpayers (20–29) respond positively to soft, public good messages, but these same messages have a negative impact on those aged 50–64, likely because older taxpayers don't benefit directly from services like schools. The 5.2pp difference in response is statistically significant. Customizing messages by emphasizing relevant public goods for each age group could improve tax compliance. Both men and women’s highest paying rate from all the treatments was in the hard-tone treatment showing both genders respond more to the hard-tone letters. However, a difference emerges between parents and non-parent taxpayers. Parents were not very responsive to any of the treatments and the behavioral letter was the most effective. Conversely, all the hard-tone letters performed better than soft-tone and the behavioral letters showing hard-tone messages work on non- parents, but not on parents. Given these differences in effects across groups, a targeting system could be used to send out appropriate toned messages to increase tax compliance. These studies concluded that hard-tone letters were the most effective in increasing tax compliance payments over outstanding debts. This does not negate that using soft-tone letters was also beneficial. The efficacy of these different tones depends on the individual characteristics of the taxpayer, such as age, gender, and parental status. Complexities Another major reason for tax noncompliance is the excessive use of legal jargon that impedes taxpayers’ understanding and ability to pay (Alm 2012, p.53). Fatigue and lethargy often influence an individual’s decision when a choice depends on a large amount of data as they are often unwilling to spend too much time or energy on that decision. Blumenthal and Slemrod (1992) found that, on average, taxpayers spent 27 hours recording and reporting their taxable activities. This leads people to employ heuristics such as intuition in decision-making. Thaler and Sunstein (2008) found that humans have two systems for making decisions: an "automatic system" that quickly finds a solution and a "reflective system" that logically reasons out the problem. The use of intuition falls in the realm of “automatic systems.” Most of the time, the “automatic system” comes up with the same solutions as the reflective system, which uses logic, but sometimes it does not due to the usage of heuristics. As mentioned earlier, the tax payment process has four steps: understanding, decision to pay, declaration, and payment. Complexities can be present in the “understanding” or “declaration” phase. Taxpayers have to individually compute the total value of taxes, a process which may be tedious due to inexperience or a lack of clarity regarding current tax laws. Additional problems arise during payment. Technology is constantly improving, thus, paying taxes has become much more simple. At times, too many options and related guidelines confuse and frustrate the taxpayer, causing them to abandon the process midway. Lastly, the complexity of the system makes the taxes seem unfair due to the lack of transparency in the income tax process which makes the taxpayer reluctant to pay their taxes on time or in full. Economic models have customarily recognized three costs which might deter the take-up of tax benefits which are: the transaction costs of applying for a benefit, the costs of learning about eligibility and application rules, and lastly, the stigma associated with enrollment (Currie 2006). These concerns could be a consequence of confusion regarding program eligibility or incentives (e.g., Liebman and Zeckhauser 2004), inattention (e.g., Karlan et al. 2015), or psychological aversion to program complexity or the small “hassles” often involved in claiming (e.g., Bertrand, Mullainathan, and Shafir 2006). This reflects a failure of policy to deliver benefits to those who most need them. As a case study, the United Kingdom released simplified letters to test whether they would increase tax compliance among dentists and doctors (Behavioural Insights Team, 2012). The simplified letters contained three short and easy-to-read sentences, outlining the actions and procedures required for compliance. This treatment saw a 15-30% higher response rate than other types of messaging, which shows that even highly skilled and well-educated people can be influenced to pay their taxes on time by simplifying the process. Furthermore, in Belgium, different methods were tested to overcome complexities in tax payment (Spinnewijn, Tsankova, and Luts, 2019). They simplified the tax letter by shortening the length of words, reducing the information overload, and highlighting the action-relevant information. This led to an increase in compliance by 10 percentage points (pp)(23% of the control mean). Moreover, late payers from the previous year were 2.6 pp more likely to file their taxes on time. Complexities affect individuals in developed countries and underdeveloped countries similarly. Taxpayers in low and middle-income countries are also particularly adversely affected, due to lower literacy rates and a lack of trained accountants. This causes difficulty in accurately maintaining records, filing returns, and comprehending tax laws, resulting in partial filing, late filing or non-filing making them partial or non-compliant. This backs the findings of Gangl (Gangl et al., 2015b) where perceived fairness and legitimacy lead to deliberate trust in the tax authorities. By removing these complexities, taxpayers can understand how much they are paying and how it is calculated, building trust and improving compliance. Complexities can lead to notable inefficiencies in government-run programs such as the Earned Income Tax Credit (EITC). Simplifying the tax system and reducing compliance burdens could increase benefit take-up, reduce forgone benefits, and enhance revenue collection. The EITC, initially designed as an incentive for low-income individuals to work, demonstrates the barriers taxpayers face in claiming available benefits. Studies estimate a program take-up rate of 75% (Plueger 2009). A substantial portion of non-participation stems from informational barriers, with 16% of eligible individuals not filing taxes and 9% failing to claim the credit despite filing. This highlights the need for clarity in tax communication and simplification of claim procedures. Experimental evidence further underscores the sensitivity of benefit take-up to reduced informational complexity. Simplified notices, shorter worksheets, and enhanced salience of benefits through targeted messaging have demonstrably increased EITC claims, with a field study resulting in $4 million in claimed benefits out of $26 million identified as unclaimed (Manoli, 2015). Moreover, over-withholding demonstrates how simplifying processes can benefit both taxpayers and the government. Employers withholding excess taxes reduces taxpayers' need for year-end adjustments, leveraging loss-averse behavior to generate 42% more revenue than expected from interest costs alone. Simplification strategies can similarly mitigate tax manipulation, increase voluntary compliance, and maximize revenue efficiency. Governments can reduce complexities in tax policy to increase the legitimacy and perceived fairness of tax administration. Simpler tax systems will increase compliance and reduce the opportunity for tax evasion and avoidance by making the steps of paying taxes easier and reducing the mental computation required of taxpayers. III. Conformity Conformity refers to individuals changing their beliefs, attitudes, behaviors, or perceptions to complement the beliefs of a group to which they want to belong, and so they yield to group pressures (Crutchfield, 1955). Herbert C Kelman, an American psychologist, analyzed this behavior and distinguished three different forms of conformity: compliance, internalization, and identification (Kelman, 1958). For this paper, compliance and internalization are relevant. Compliance refers to “when an individual accepts influence [...] to gain specific rewards or approval and avoid specific punishment (Kelman, 1958, p. 53). This is a heuristic as many people become irrational and fall in without considering the benefits and drawbacks of their decision. According to an analysis (Zafar, 2011) people conform to groups because they are uncertain about their beliefs and believe that the group is more likely to be correct, a pattern denoted descriptive conformity . The second category is internalization which happens “when an individual accepts influence because the content of the induced behavior - the ideas and actions of which it is composed - is intrinsically rewarding. They adopt the induced behavior because it is congruent with their value system ” (Kelman, 1958, p. 53) which is also considered injunctive conformity. In this form of conformity, the group’s beliefs become part of the individual’s belief system and the behavioral change is permanent. Examples of personal norms could include the individual desire to live a healthy lifestyle or help in social causes. The World Bank tested conformity bias in Latvia where The informal economy was estimated at 20.3% of the GDP in 2016 (World Bank, 2019). The shadow economy refers to people who operate entirely outside the tax and regulatory system (US Treasury). The World Bank intervened by sending out tax letters which incorporate behavioral changes in this case social norms. These modified letters are called behavioral letters. There is a social norm to return favors where people feel obligated toward those who have done something for them. This is called reciprocity. The social norms letter boosted timely tax filing compared to the control group by 5% (3.2pp). Social norms messages also generated the maximum number of tax declaration submissions as compared to other methods like simple reminders and an omission/commission letter when given to non-compliers. This experiment further showed that the social norms messages had a greater impact on women than men as women responded to the messages by 3.0 pp more when compared to the control group. This coincides with the findings of Cross (Cross, 2017) where women are more likely than men to conform to social norms. The social norms letter even increased the average amount paid per taxpayer by $13.97 (210% increase from control group). The field experiment in Latvia concludes that using social norms improves tax punctuality and increases the payment amount. In Poland, The World Bank tested the use of social norms (World Bank, 2017). The payment rate for the dunning letter was 40.2% while payment rates increased to 43.7%, the average payment amount increased from 1,123 PLN to 1,300 PLN, and outstanding liability was reduced from 6.26% to 6.17% where letters mentioning social norms were used. This experiment corroborates the findings of the Latvia experiment. According to an OECD report (OECD, 2010) on small and medium-sized enterprises (SMEs), SME compliance is highly influenced by personal norms. Phrases such as “Doing the right thing,” “Because it is the law,” and “Presumption from Revenue that you have been honest,” are indicated as having a strong influence on compliance. Social norms affect these SMEs less compared to personal ones as the owner's personal norms may be more prominent. Personal norms are feelings of moral obligations to do “the right thing” (Schwartz & Howard, 1981). The owner can also easily implement changes based on their prioritized heuristics . Social norms may not play a crucial role in the taxpayer's mind as the owner would want to be unique compared to larger firms. Therefore when the government tries to evoke conformity by using other firms as an example small businesses might not be encouraged to pay taxes. Responses related to personal norms are therefore stronger from a compliance perspective. Hence,it would be much more beneficial for the government to use personal norms on SMEs to improve tax compliance. A field experiment in the UK (Behavioural Insights Team, 2012) examined the effect of various types of norms on taxpayers who had declared their income but had yet to pay their taxes. Three norm statements were used: “Nine out of ten people pay their tax on time” (basic norm); “Nine out of ten people in the UK pay their tax on time” (country norm); “Nine out of ten people in the UK pay their tax on time. You are currently in the very small minority of people who have not paid us yet” (minority norm). Upon receiving the responses the economists learned that the basic norm statement produces a treatment effect of 1.3%, and the country norm statement produces a treatment effect of 2.1%. If these letters were sent to the entire tax-paying population there would be a £623,000 and £980,000 increase in total taxes paid within 23 days. In comparison, the minority norm statement had a much greater impact of 5.1%, which would represent a £2.367 million increase in taxes paid within 23 days. This underscores the highly effective method of using the conformity bias to improve tax payments. A follow-up experiment was done to replicate the most effective treatment from the first experiment to increase credibility. The effect of descriptive (what others do) and injunctive (what others think should be done) norms were also compared. Results showed that reminder letters with the norm framings have a 7.1-7.8% effect on payment. Letters with norm statements motivate people to pay their taxes, especially when a minority norm frame is used. This boosts overall tax compliance. Moreover, when comparing descriptive and injunctive, the data indicates that the descriptive treatment group has a 1.44% larger effect on payment than injunctive norms. Furthermore, this work reinforces wider evidence that descriptive norms are most effective when they can be targeted at a specific population or group, which in this case was achieved by referencing their local area. Applying successful messages throughout HMRC’s (UK's tax, payments, and customs authority) debt management practices led to £210 million being brought forward in the 2012/13 financial year alone. This would benefit the government greatly as they can use this revenue to provide subsidies and provide fiscal stimulus to the economy when needed. By using social norms, taxpayers gain a sense of fairness, knowing that their neighbors and fellow citizens are held to the same standards. This creates transparency between the government and taxpayers. Taxpayers are more willing to file taxes on time when they have faith in their government (Jimenez, Iyer, 2016). To inform taxpayers and foster healthy personal norms, tax administrations may attempt to communicate messages that emphasize the significance of compliance. Engaging with young professionals can have an impact on their beliefs, which improves long-term tax compliance. Individuals are less likely to avoid their taxes if there is a sense that tax evasion is rare and the bulk of people are compliant. People frequently assume that disobedience is more common than it is. Therefore, dispelling misconceptions about the extent of evasion strengthens compliance and has a marginal cost for the policymaker. This increases tax compliance and reduces financial losses for the government. IV. Status Quo Status quo bias refers to the tendency to stick to one's current situation (Samuelson and Zeckhauser, 1998). Most decisions have a status-quo option and studies show that individuals tend to unjustifiably stick with the status quo (Samuelson and Zeckhauser (1988); Anderson (2003)). People are often unwilling to change primarily because of the effort it takes to understand other available options or the lack of awareness about the alternatives. Christopher J. Anderson researched status quo bias and characterized this behavior as “conservation of energy” (Anderson, 2008) where humans do not decide unless a deadline is coming. In terms of income tax, this can be seen as taxpayers continuing to avoid paying taxes as they have already done so for an extended period. Not paying taxes has become the status quo of these taxpayers. Now there are many methods of filing taxes that are faster and more efficient, however, taxpayers seem to stick to the older methods. This could cause financial losses for the government as they don’t receive the full tax amount they are expected to collect. There also could be incomplete taking up of tax benefits such as Earned Income Tax Credit (EITC), Standard Deductions or Itemized Deductions in the USA when that is not their status quo. People tend to favor minimal changes and choose the default option (Kahneman, 1991). Even if there are better options, they will not change their actions or choices. Most real-world decisions have the status quo option. That is, do nothing and keep the current or previous state showing the significant influence default choices have on behavior. The World Bank (World Bank Group, 2018; World Bank Group, 2019; World Bank Group, 2020), experimented with status-quo bias and its societal prevalence. They used a deliberate choice method to overcome the bias wherein non-compliance was considered a deliberate choice. This technique is intended to eliminate omission that serves as an excuse for non-compliance. Taxpayers unknowingly evade taxes by following the status quo. When they received letters they were made aware of their status quo so that lack of information can no longer be the reason for non-payment. Framing noncompliance as intentional minimizes uncertainty regarding inaction, heightens moral duties to take action and boosts the perception of deterrence. For instance, the deliberate decision letter in Guatemala (World Bank Group, 2020) contributed to an increase of $17.95 (269% increase compared to no letter) in the average amount paid per taxpayer. Taxpayers in Guatemala who received the behavioral letters in the first year paid four times as much in taxes. Over time, these gains have been maintained. The intentional choice letter, when received, raises the average amount paid by $23.05, according to local average treatment effects (LATE). If this letter was sent to all the sampled tax-payers an estimate of US$757,837 of extra tax revenue could be generated in 11 weeks compared to when no letter was sent. This is over 35 times the cost of sending the letters highlighting the benefit to the government. The experiment with the status quo made use of framing as well. The phrase also exempts the taxpayer from failing to declare previously, which introduces a concept of reciprocity as the taxpayer is driven to feel he has been offered a favor. The wording suggests that the taxpayer's actions are being closely monitored, which heightens the feeling that noncompliance will result in penalties. In Guatemala, the deliberate choice letter, social norm letter, national pride letter, and behavioral letter were tested. Out of them, the deliberate choice letter was the most effective letter for improving declaration rates, boosting declarations by 5.4 pp (46% increase) compared to the control group. The average amount paid conditionally on payment grew by 38.5 percent, and the payment rate increased significantly by 1.4% points. Further, the average unconditional amount increased from US$6.70 the control group average to US$17.95 showing an increase of US$11.25 in tax revenue for each letter sent. The average cost of sending behavioral letters lowers as the rate of payment and payment amount increases. Omission is the failure to fulfill a moral obligation, in this case, taxes. The World Bank used 3 different behavioral designs to overcome the status quo in Poland (World Bank Group, 2018), the treatments were "Omission + Deterrence", "Omission vs Commission" and "Omission Taxpayer-Perspective". These letters all suggested that the government had given the taxpayers the benefit of the doubt, presuming that non-compliance had been due to oversight and not dishonesty. The letters inform the taxpayer about non-compliance and the potential consequences of non-compliance in the future Upon analysis, it was found that the letter combining omission and deterrence messages was the most effective. It resulted in a 48.6% payment rate (8.37% increase) and increased taxpayer payments by 25.9%. The "omission + deterrence" letter also had the most significant reduction in outstanding tax liability, 19.3%. The use of only a deterrence message does not improve the standard behavioral letter as the standard behavioral letter had a payment rate of 46.3% compared to 44.8% for only deterrence. However, there is a significant gain when paired with the omission letter as payment rates jump from 44.8% to 48.6%. The other omission letters, which offer an excuse for noncompliance, do not yield a significant improvement in payment amounts over the standard behavioral message, despite increasing the compliance rate. The "omission + deterrence" letter was found to be the most effective out of the 3 categories of letter design and was always in the top 4 in increasing tax revenue. The omission letters also performed better overall than the behavioral letters suggesting that the omission message encourages payment mostly among tax- payers with a smaller liability; combining it with the threat (omission + deterrence) is very effective for taxpayers who owe more. In Latvia (World Bank Group, 2019), an experiment using a simple reminder, a social norms letter, and an omission/commission treatment was done. The omission/commission treatment was found to be most effective in increasing compliance with taxpayer filing deadlines and the annual income statement (AID) process. It led to a 9.4% higher filing rate than the control group, a statistically significant improvement. It can be inferred that including social norms is not as effective as using omission in improving tax compliance as the omission/commission treatment increases compliance with taxpayers following deadlines. Another experiment in the UK (Behavioural Insights Team, 2012) related to reducing the cost or inconvenience of filling out forms to pay taxes was done. Initially, only a simple letter with details of the payment form attached, was sent which achieved a response rate of 19%. Subsequently, this letter was updated to include the tax timelines and a link to the online system as well as contact information in case of questions. This significantly reduced the effort of the taxpayers. The simplification of the process helped many taxpayers overcome the status quo as they could start the tax filing process by just clicking on the link. This resulted in an improved response rate to 23%. This reduction in work aligns with Anderson's research, which suggests that individuals tend to default to the status quo as a way of conserving energy. Online tax calculators could also be made more readily available so taxpayers can calculate the total tax they need to pay. This can help avoid delays due to dependence on tax accountants and overcome the status quo bias of relying on the accountant completely. The benefits of simplification and digitalization are transferable over different aspects of a tax structure. In the USA taxpayers have two options to reduce their taxable income: standard deduction or itemized deduction. The standard deduction is a fixed amount that reduces taxable income without requiring documentation, while itemized deductions allow taxpayers to subtract specific expenses (e.g., medical costs, mortgage interest) if they exceed the standard deduction, though it requires detailed record-keeping and filing. Most taxpayers opt for the standard deduction due to its simplicity. This decision to itemize deductions versus claiming the standard deduction provides another lens into how complexity influences taxpayer behavior. While itemizing can result in larger deductions, it imposes higher compliance costs, including meticulous record-keeping and additional forms. Revealed preference analysis suggests taxpayers perceive the burden of itemizing as equivalent to 19 hours of regular work or approximately $617, deterring many from pursuing this option (Benzarti, 2015). Consequently, two-thirds of taxpayers opt for the standard deduction, potentially leaving money on the table. This highlights another aspect of the tax system that is often overlooked by taxpayers and sticks with the status quo. If information was more readily available and digitalization of calculating deductions itemized income could be implemented, it could nudge taxpayers to choose the options with greatest savings. Throughout the year, individuals make taxable income and make payments based on anticipated liabilities. On tax day, any discrepancy between total taxes owed and payments made is refunded, resulting in either a "loss" (balance due) or a "gain" (refund)(Jones, 2017). Kahneman and Tversky (1979) demonstrated that the perceived value of a marginal dollar declines sharply as a taxpayer moves from losses to gains. This loss aversion drives taxpayers facing a balance due to manipulate their liabilities more aggressively. Empirical analysis done by Jones of the 1979–90 IRS Statistics of Income Panel of Individual Returns, revealed significant shifts in the balance due distribution consistent with higher manipulation in the loss domain. Individuals facing a loss pursue an additional $34 of tax reductions above and beyond what would be pursued if they faced a gain. This highlights how taxpayers allocate more value to perceived losses and are more likely to change their behavior by changing their status quo to minimize their losses. This is particularly pronounced among high-income earners, underscoring how loss aversion exacerbates tax manipulation, ultimately depriving the government of revenues that would otherwise have been collected. It was estimated that if tax filers owning a payment were as motivated to manipulate as those facing a refund, 1.4 billion dollars of additional tax revenue would be collected. Addressing this behavior by incentivizing over-withholding or reducing opportunities for manipulation could mitigate these losses and enhance revenue stability. V. Possible tax policy With the help of these field experiments, we realize that status quo, conformity, and framing biases play a pivotal role in tax revenue collection. These biases are often used by taxpayers to make their lives easier by doing what others do or sticking to their original choice. Governments should implement these behavioral findings into their current tax policies. By doing so, overall tax compliance from taxpayers would increase and cause less financial loss for the government as seen from the above case studies. They can successfully plan and fund projects and schemes that benefit the country's citizens. Below is a proposed framework outlining plausible policies and strategies that can be implemented to overcome the aforementioned biases. The use of hard-tone language in tax letters, such as deterrence messages and execution letters, can increase tax compliance. Field experiments in Poland show that hard-tone letters were more successful in mobilizing payments and reducing tax debt compared to soft-tone letters. This method is particularly effective for older working age groups, who need a greater nudge. They have been paying taxes for a long period and have developed lethargy regarding this continuous and tedious process. Soft-tone letters were also found to be effective in improving compliance rates, but not as impactful as hard-tone. In most cases, only hard-tone should be used throughout the letter to make the need to pay taxes seem more urgent and prevent defaults. However, to increase tax compliance overall, governments should use a soft tone in letters to certain taxpayers based on their social identities. For example, hard-tone letters may not be effective with taxpayers who do not support the party in control. Soft-tone letters could also be used for younger taxpayers (ages 20-30) who may be more willing to comply with rules and regulations. Additionally, using a soft tone in letters to taxpayers with school-going children may be effective as they may be more willing to pay taxes to support the public education system. A hard-tone could be used for older taxpayers (50+) as they are more receptive to the hard-tone than the soft-tone. Moreover, the hard-tone can be implemented on non-parents as they need to be nudged more as they have lesser responsibilities (no children). Simplifying the tax letter by removing legal jargon and providing clear steps to follow for tax paying will expedite the process and will increase tax revenue. This can overcome status quo bias and reduce the complexity of decision-making. Evidence from the UK and Belgium shows a positive correlation between clear and concise tax letters and compliance rates. Simplification also reduces the reliance on automatic systems and encourages timely payments from both late filers and payers. The government can take advantage of the status quo bias by making tax deductions from employee salaries by the company the default choice. The company can pay the income tax collected directly to the government along with its corporate taxes. This is called an opt-in policy as the status quo is to opt in. Most employees would prefer to stay with the status quo as it reduces hassles for them. Another opt-in policy could be where the government directly estimates how much the employee has to pay. At the end of the financial year, the taxpayer can compare how much tax was estimated and collected by the government compared to how much they need to pay. This works on similar principles of advanced taxes where the employee estimates his payable tax amount and pays it to the government quarterly. This solves the problem of how to pay taxes for the taxpayer as the government is doing it automatically for them and helps them overcome their status quo. The use of social norms was also greatly experimented with in Latvia, Guatemala, Poland, and the UK. This underlines the importance of social norms in tax policies. It was found that personal norms hold a higher value than social norms in individuals and small and medium enterprises. Governments can use these findings to implement personal norms. These can be simple pieces of information regarding an individual's belief systems. Descriptive norms were found to be more impactful than injunctive norms in the UK. Governments should use personal norms when distributing tax letters to small-scale companies but use descriptive norms in the letters they send to individuals. Lastly, along with these norms described above the government can club it with a minority norm. This puts a spotlight on defaulting taxpayers who feel like they are not part of the desired group encouraging them to file their taxes. This will make the most efficient use of the conformity bias. Using a "worst offenders" list will also be effective as there would be a perceived social consequence to being on the list. People will increase their tax compliance so that they are not the exceptions. This phenomenon of feeling uncomfortable when not conforming is called the “spotlight effect” (Gilovich, 2000). The Australian tax office's real-time analytics initiative sends customized prompts to taxpayers filing annual tax returns (OECD, 2021). For example, a taxpayer may see a pop-up notifying them that they have reported work-related expenses unusually high and prompting them to confirm their entries. The initiative prompted 25% of taxpayers to voluntarily amend their tax returns, generating approximately AUD$ 22.4 million in revenue from 2018 to 2019. This method can also be used so that tax filings are honest and accurate. Along with these customized prompts, Another small change that can be implemented to the tax filing website is subtle environmental cues such as smiling faces and a friendly telephone voice. These small nudges can stimulate cooperation among taxpayers and overcome the status quo of not paying taxes or partial payment of taxes. Similarly, this also implements a soft tone to gently nudge taxpayers to be honest with their tax fillings. 5.1 How does behavioral economics advance cost-effectiveness as opposed to traditional economics? Behavioral interventions are extremely effective while having minimal additional costs as compared to the original tax letters. The average revenue collected is more than the average cost, hence highlighting that this method is extremely cost-effective for the government. The field study conducted in Guatemala (World Bank Group, 2020) helped increase revenue generated but at the same time was particularly cost-effective. It was estimated that the deliberate choice message would have generated revenues of USD 778,927 at a cost of $21,090 if sent to the entire sample of 43,387 taxpayers. This equates to 36 times the return on investment for tax authorities. It was estimated that $303,366 in revenue was generated and declared a profit of $288,301 for the Guatemalan Tax Authority showing it is beneficial to apply behavioral changes. Moreover, since there are no statistically significant differences in delivery method outcomes, the option of sending reminders by regular mail can simplify execution procedures in Poland without affecting revenue collection. However, for tax payments, tax authorities can use existing technology, such as websites and smartphones, to facilitate compliance on a modest budget. In Kosovo (World Bank Group, 2019) emails and SMS messages were used to send out behavioral tax letters instead of paper mail. This slightly reduces the overall costs resulting in increased tax revenue. The only major cost would be incurred while setting up the infrastructure. In years to come only small maintenance costs would be incurred making it a cost-effective solution in the long run. The government can make these design changes to its tax policies and use these biases to its advantage and work towards effectively increasing its tax revenue. These changes are uncomplicated, cost-effective, easily implementable, and have achieved a positive impact worldwide. Hence it is the best possible solution available to limit the financial loss currently being sustained by the government due to non-payment of taxes. VI. Conclusion The World Bank Group has extensively researched how to successfully implement behavioral changes to tax policies. Behavioral changes are very helpful as they increase tax revenues and receiving correct tax amounts on time helps reduce financial losses for the government. They have run field experiments in various countries, like Guatemala, Poland, and Kosovo, and have found compelling evidence on how to nudge taxpayers to be more compliant. The 3 biases explored in this paper are only a few, many other biases and heuristics such as availability and loss aversion are present in the tax-paying process which also negatively affect the government. 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