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The Nature of Justice
  1. John M. Armstrong (1997). Epicurean Justice. Phronesis 42 (3):324-334.
    Epicurus is one of the first social contract theorists, holding that justice is an agreement neither to harm nor be harmed. He also says that living justly is necessary and sufficient for living pleasantly, which is the Epicurean goal. Some say that there are two accounts of justice in Epicurus -- one as a personal virtue, the other as a virtue of institutions. I argue that the personal virtue derives from compliance with just social institutions, and so we need to (...)
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  2. Gillian Brock (1999). Just Deserts and Needs. Southern Journal of Philosophy 37 (2):165-188.
    In this paper I argue for there being some deep connections between claims of desert and claims of need, despite the fact that these sorts of claims are frequently pitted against one another. I present an argument to show some conceptual links between desert and needs. Principles underlying why people are thought to be deserving entail principles which commit us to caring about others' needs. I also examine whether we can construct some coherent notion of desert and an argument for (...)
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  3. Thom Brooks (2012). Preserving Capabilities. American Journal of Bioethics 12 (6):48-49.
    The American Journal of Bioethics, Volume 12, Issue 6, Page 48-49, June 2012.
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  4. Brian E. Butler (2010). Sen's The Idea of Justice: Back to the (Pragmatic) Future. Contemporary Pragmatism 7 (2):219-229.
    Sen argues that Rawls’ political theory suffers from the flaw of “institutional fundamentalism.” In response, he develops an alternate theory of justice that does not rely upon contractarian premises. I argue that Sen’s theory largely maps on to the insights of classic pragmatist thought. Further, the pragmatic tradition can help critique and supplement Sen’s project.
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  5. Simon Caney (2014). Two Kinds of Climate Justice: Avoiding Harm and Sharing Burdens. Journal of Political Philosophy 21 (4):125-149.
  6. Anca Gheaus (2013). The Feasibility Constraint on The Concept of Justice. Philosophical Quarterly 63 (252):445-464.
    There is a widespread belief that, conceptually, justice cannot require what we cannot achieve. This belief is sometimes used by defenders of so-called ‘non-ideal theories of justice’ to criticise so-called ‘ideal theories of justice’. I refer to this claim as ‘the feasibility constraint on the concept of justice’ and argue against it. I point to its various implausible implications and contend that a willingness to apply the label ‘unjust’ to some regrettable situations that we cannot fix is going to enhance (...)
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  7. A. J. Julius (2003). Basic Structure and the Value of Equality. Philosophy and Public Affairs 31 (4):321–355.
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  8. Leonard Kahn (ed.) (2012). Mill on Justice. Palgrave Macmillan.
  9. Leonard Kahn (2012). The Objection From Justice and the Conceptual/Substantive Distinction. In , Mill on Justice. Palgrave Macmillan. 198.
    I begin this chapter by outlining Mill's thinking about why justice is a problem for utilitarians. Next, I turn to Mill's own account of justice and explain its connection with rights, perfect duties, and harms. I then examine David Lyons' answer to the question of how Mill's account is meant to answer the Weak Objection from Justice. Lyons maintains that Mill's account of justice has both a conceptual side and a substantive side. The former provides an analysis of such concepts (...)
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  10. Chad Kautzer (2014). Self-Defensive Subjectivity The Diagnosis of a Social Pathology. Philosophy and Social Criticism 40 (8):743-756.
    In his book Das Recht der Freiheit (2011), Axel Honneth develops a theory of social justice that incorporates negative, reflexive and social forms of freedom as well as the institutional conditions necessary for their reproduction. This account enables the identification of social pathologies or systemic normative deficits that frustrate individual efforts to relate their actions reflexively to a normative order and inhibits their ability to recognize the freedom of others as a condition of their own. In this article I utilize (...)
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  11. Holly Lawford-Smith (2010). Debate: Ideal Theory—A Reply to Valentini. Journal of Political Philosophy 18 (3):357-368.
    In her ‘On the apparent paradox of ideal theory’, Laura Valentini combines three supposedly plausible premises to derive the paradoxical result that ideal theory is both unable to, and indispensable for, guiding action. Her strategy is to undermine one of the three premises by arguing that there are good and bad kinds of ideal theory, and only the bad kinds are vulnerable to the strongest version of their opponents’ attack. By undermining one of the three premises she releases ideal theorists (...)
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  12. Holly Lawford-Smith (2010). Feasibility Constraints for Political Theories. Dissertation, Australian National University
  13. Annabelle Lever (2007). What's Wrong with Racial Profiling? Another Look at the Problem. Criminal Justice Ethics 26 (1):20-28.
    According to Mathias Risse and Richard Zeckhauser, racial profiling can be justified in a society, such as the contemporary United States, where the legacy of slavery and segregation is found in lesser but, nonetheless, troubling forms of racial inequality. Racial profiling, Risse and Zeckhauser recognize, is often marked by police abuse and the harassment of racial minorities and by the disproportionate use of race in profiling. These, on their view, are unjustified. But, they contend, this does not mean that all (...)
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  14. Brian Lightbody (2003). Theseus Vs. The Minotaur: Finding the Common Thread in the Chomsky-Foucault Debate. Studies in Social and Political Thought 1 (8):67-83.
  15. Alice MacLachlan & C. Allen Speight (eds.) (2013). Justice, Responsibility, and Reconciliation in the Wake of Conflict. Springer.
    What are the moral obligations of participants and bystanders during—and in the wake of –a conflict? How have theoretical understandings of justice, peace and responsibility changed in the face of contemporary realities of war? Drawing on the work of leading scholars in the fields of philosophy, political theory, international law, religious studies and peace studies, the collection significantly advances current literature on war, justice and post-conflict reconciliation. Contributors address some of the most pressing issues of international and civil conflict, including (...)
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  16. Michael Moehler (forthcoming). Rational Cooperation and the Nash Bargaining Solution. Ethical Theory and Moral Practice:1-18.
    In a recent article, McClennen (2012) defends an alternative bargaining theory in response to his criticisms of the standard Nash bargaining solution as a principle of distributive justice in the context of the social contract. McClennen rejects the orthodox concept of expected individual utility maximizing behavior that underlies the Nash bargaining model in favor of what he calls full rationality, and McClennen’s full cooperation bargaining theory demands that agents select the most egalitarian strictly Pareto-optimal distributional outcome that is strictly Pareto-superior (...)
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  17. Jeppe von Platz (2012). Negative Perfectionism. Philosophy and Public Issues 2 (1):101-122.
    In this essay I defend a variety of political perfectionism that I call negative perfectionism. Negative perfectionism is the position that if some design of the basic structure of society promotes objectively bad human living, then this should count as a reason against it. To give this hypothetical some bite, I draw on Rousseau’s diagnosis of the maladies of his society to defend two further claims: first, that some human lives are objectively bad, and, second, that some designs of the (...)
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  18. Enzo Rossi (2012). Justice, Legitimacy, and (Normative) Authority for Political Realists. Critical Review of International Social and Political Philosophy 15 (2):149-164.
    One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant approach I (...)
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  19. Makoto Usami (2008). Law as Public Policy: Combining Justice with Interest. In Tadeusz Biernat & Marek Zirk-Sadowski (eds.), Politics of Law and Legal Policy: Between Modern and Post-Modern Jurisprudence. Wolters Kluwer Polska. 292--315.
    In newly emerging democracies, succeeding governments have numerous policy tasks for the purpose of developing the free market and the democratic process. In such legal systems, policy-oriented views of law, which regard law as a policy tool for diminishing public problems, seem descriptively pertinent and prescriptively helpful. This is also the case in mature democratic legal systems, where the public problems faced by governments become more and more complex. Policy-directional views of law do not necessarily imply that law is a (...)
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  20. David Wiens (forthcoming). 'Going Evaluative' to Save Justice From Feasibility -- A Pyrrhic Victory. Philosophical Quarterly.
    I discuss Gheaus's (2013) argument against the claim that the requirements of justice are not constrained by feasibility concerns. I show that the general strategy exemplified by this argument is not only dialectically puzzling, but also imposes a heavy cost on theories of justice -- puzzling because it simply sidesteps a presupposition of any plausible formulation of the so-called "feasibility requirement"; costly because it it deprives justice of its normative implications for action. I also show that Gheaus's attempt to recover (...)
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The Priority of Justice
  1. David Fagelson (2001). Two Concepts of Sovereignty. International Politics 38 (4):499-514.
  2. Brian Lightbody (2003). Theseus Vs. The Minotaur: Finding the Common Thread in the Chomsky-Foucault Debate. Studies in Social and Political Thought 1 (8):67-83.
  3. Enzo Rossi (2012). Justice, Legitimacy, and (Normative) Authority for Political Realists. Critical Review of International Social and Political Philosophy 15 (2):149-164.
    One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant approach I (...)
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The Scope of Justice
  1. Chris Armstrong (2009). Global Egalitarianism. Philosophy Compass 4 (1):155-171.
    To whom is egalitarian justice owed? Our fellow citizens, or all of humankind? If the latter, what form might a global brand of egalitarianism take? This paper examines some recent debates about the justification, and content, of global egalitarian justice. It provides an account of some keenly argued controversies about the scope of egalitarian justice, between those who would restrict it to the level of the state and those who would extend it more widely. It also notes the cross-cutting distinction (...)
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  2. Thomas M. Besch (2013). On Political Legitimacy, Reasonableness, and Perfectionism. Public Reason 5 (1):58-74.
    The paper advances a non-orthodox reading of political liberalism’s view of political legitimacy, the view of public political justification that comes with it, and the idea of the reasonable at the heart of these views. Political liberalism entails that full discursive standing should be accorded only to people who are reasonable in a substantive sense. As the paper argues, this renders political liberalism dogmatic and exclusivist at the level of arguments for or against normative theories of justice. Against that background, (...)
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  3. Thomas M. Besch (2004). On Practical Constructivism and Reasonableness. Dissertation, University of Oxford
    The dissertation defends that the often-assumed link between constructivism and universalism builds on non-constructivist, perfectionist grounds. To this end, I argue that an exemplary form of universalist constructivism – i.e., O’Neill’s Kantian constructivism – can defend its universalist commitments against an influential particularist form of constructivism – i.e., political liberalism as advanced by Rawls, Macedo, and Larmore – only if it invokes a perfectionist view of the good. (En route, I show why political liberalism is a form of particularism and (...)
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  4. Emanuela Ceva (2012). Beyond Legitimacy. Can Proceduralism Say Anything Relevant About Justice? Critical Review of International Social and Political Philosophy 15 (2):183-200.
    Whilst legitimacy is often thought to concern the processes through which coercive decisions are made in society, justice has been standardly viewed as a ‘substantial’ matter concerning the moral justification of the terms of social cooperation. Accordingly, theorization about procedures may seem appropriate for the former but not for the latter. To defend proceduralism as a relevant approach to justice, I distinguish three questions: (1) Who is entitled to exercise coercive power? (2) On what terms should the participants to a (...)
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  5. Emanuela Ceva (2007). Plural Values and Heterogeneous Situations. Considerations on the Scope for a Political Theory of Justice. European Journal of Political Theory 6 (3):359-375.
    This article aims to investigate the way in which a political theory of justice should respond to the endorsement of pluralism. After offering reasons in support of the necessity for such a theory to take pluralism seriously, an argument is put forward for its characterization in minimal and procedural terms. However, taking issue with the straightforward relationship of implication identified by a number of scholars between pluralism and procedural justice, this article contends that a direct relation can only be established (...)
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  6. Emanuela Ceva & Enzo Rossi (eds.) (2012). Justice, Legitimacy, and Diversity: Political Authority Between Realism and Moralism. Routledge.
    Most contemporary political philosophers take justice—rather than legitimacy—to be the fundamental virtue of political institutions vis-à-vis the challenges of ethical diversity. Justice-driven theorists are primarily concerned with finding mutually acceptable terms to arbitrate the claims of conflicting individuals and groups. Legitimacy-driven theorists, instead, focus on the conditions under which those exercising political authority on an ethically heterogeneous polity are entitled to do so. But what difference would it make to the management of ethical diversity in liberal democratic societies if legitimacy (...)
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  7. Kenneth M. Ehrenberg (2003). Procedural Justice and Information in Conflict-Resolving Institutions. Albany Law Review 67:167-209.
    “A logical analysis of the idea of justice would seem to be a very hazardous business. Indeed, among all evocative ideas, that of justice appears to be one of the most eminent and the most hopelessly confused.” –Chaïm Perelman1 I. INTRODUCTION One difficult question that political and moral thinkers have grappled with is how to limit justice.2 We have a tendency to see justice as potentially applicable to almost any circumstance in which values are somehow involved with interpersonal behavior.3 Yet (...)
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  8. Karen Green (2003). Distance, Divided Responsibility and Universalizability. The Monist 86 (3):501-515.
    Peter Singer is responsible for having developed a powerful argument that apparently shows that most of us are far more immoral than we take ourselves to be. Many people follow a minimalist morality. They avoid killing, stealing, lying and cruelty, but feel no obligation to devote themselves to the well-being of everybody else. If we are unstintingly generous, constantly kind or untiring advocates for the prevention of cruelty, we take it that we are doing more morally than is strictly required. (...)
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  9. Carl Knight (2011). In Defence of Cosmopolitanism. Theoria 58 (129):19-34.
    David Miller has objected to the cosmopolitan argument that it is arbitrary and hence unfair to treat individuals differently on account of things for which they are not responsible. Such a view seems to require, implausibly, that individuals be treated identically even where (unchosen) needs differ. The objection is, however, inapplicable where the focus of cosmopolitan concern is arbitrary disadvantage rather than arbitrary treatment. This 'unfair disadvantage argument' supports a form of global luck egalitarianism. Miller also objects that cosmopolitanism is (...)
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  10. Andy Lamey (2010). The Thinking Man's Marxist. [REVIEW] The Literary Review of Canada (June).
    An essay-review of the work of G. A. Cohen, timed to the publication of Why Not Socialism?.
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  11. Alice MacLachlan (2007). The Object of Repair: Commentary on Margaret Urban Walker’s ‘Restorative Justice and Reparations'. Symposium on Race, Gender and Philosophy 3 (2).
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  12. Søren Flinch Midtgaard (2012). On the Scope of Justice. Croatian Journal of Philosophy 12 (1):77-96.
    The paper defends the so-called political conception of the scope of justice proposed by Thomas Nagel. The argument has three stages: (a) I argue that A. J. Julius’ influential criticism of the political conception can be answered. Pace Julius, actual and (relevant) hypothetical cases of state coercion do in fact involve a claim to the effect that people have a duty to obey, so the problem of justice does arise, according to Nagel’s criterion, in the critical cases scrutinised by Julius. (...)
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  13. Michael Moehler (2009). Justice and Peaceful Cooperation. Journal of Global Ethics 5 (3):195-214.
    Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most (...)
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  14. Jeppe von Platz (2012). Negative Perfectionism. Philosophy and Public Issues 2 (1):101-122.
    In this essay I defend a variety of political perfectionism that I call negative perfectionism. Negative perfectionism is the position that if some design of the basic structure of society promotes objectively bad human living, then this should count as a reason against it. To give this hypothetical some bite, I draw on Rousseau’s diagnosis of the maladies of his society to defend two further claims: first, that some human lives are objectively bad, and, second, that some designs of the (...)
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  15. Joshua Preiss (2009). Why Brian Barry Should Be a Multiculturalist. Social Theory and Practice 35 (2):229-249.
    In this paper I argue that Barry, given the commitments that underlie his own theory of justice as impartiality, should be far more receptive to claims for cultural accommodation. Recognizing certain cultural rights claims will help balance against the ways that policies adopted by democratic majorities fail to treat members of minority cultural groups impartially. While I frame the paper in terms of an immanent criticism of this well-known opponent to multiculturalism, my analysis places demands on a whole section of (...)
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  16. Enzo Rossi (2012). Justice, Legitimacy, and (Normative) Authority for Political Realists. Critical Review of International Social and Political Philosophy 15 (2):149-164.
    One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant approach I (...)
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  17. Lynne Tirrell (forthcoming). “Transitional Justice in Post-Genocide Rwanda: An Integrative Approach”. In Claudio Corradetti, Nir Eisikovits & Jack Rotondi (eds.), Theorizing Transitional Justice. Ashgate.
    An imperfect “politics of justice” seems to be inevitable in the aftermath of genocide. In Rwanda, this is especially true, given the scale of the atrocities, the breadth of participation, and the need to build a justice system from scratch while establishing security and restoring the rule of law. Official contexts for survivor testimony and corresponding perpetrator punishment are crucial for establishing shared norms and narratives, but these processes can destabilize social relations in important ways. Accordingly, without development, these justice (...)
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  18. Makoto Usami (2011). Intergenerational Justice: The Rights of Future People or the Duty of Fair Play. Tokyo Institute of Technology Department of Social Engineering Discussion Paper (2011-05):1-19.
    Among various views on intergenerational justice, the most widely accepted theory invokes the rights of future generations. However, the rights theory seems to suffer from the non-identity problem addressed by Derek Parfit. Some rights theorists attempt to circumvent the problem by examining causal links between actions taken by preceding generations and their effects on succeeding ones. Others try to do so by replacing future individual rights with such collective rights. This paper argues that both individualist and collectivist versions of the (...)
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  19. Makoto Usami (2011). Intergenerational Rights: A Philosophical Examination. In Patricia Hanna (ed.), An Anthology of Philosophical Studies, Vol. 5. Athens Institute of Education and Research.
    One of the primary views on our supposed obligation towards our descendants in the context of environmental problems invokes the idea of the rights of future generations. A growing number of authors also hold that the descendants of those victimized by historical injustices, including colonialism and slavery, have the right to demand financial reparations for the sufferings of their distant ancestors. However, these claims of intergenerational rights face theoretical difficulties, notably the non-identity problem. To circumvent this problem in a relationship (...)
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  20. Makoto Usami (2005). World Poverty and Justice Beyond Borders. Tokyo Institute of Technology Department of Social Engineering Discussion Paper (05-04):1-18.
    Most cosmopolitans who are concerned about world poverty assume that for citizens of affluent societies, justice beyond national borders is a matter of their positive duty to provide aid to distant people suffering from severe poverty. This assumption is challenged by some authors, notably Tomas Pogge, who maintains that these citizens are actively involved in the incidence of poverty abroad and therefore neglect their negative duty of refraining from harming others. This paper examines the extent to which it is pertinent (...)
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Aspects of Justice, Misc
  1. Gosseries Axel, Marciano A. & Strowel A. (eds.) (2008). Intellectual Property and Theories of Justice. Basingstoke & N.Y.: Palgrave McMillan.
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  2. Gosseries Axel & Meyers L. (eds.) (2009). Intergenerational Justice. Oxford University Press.
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  3. Gosseries Axel & Hungerbühler M. (2006). Rule Change and Intergenerational Justice. In Tremmel J. (ed.), The Handbook of Intergenerational Justice. Edward Elgar.
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  4. Thom Brooks (2012). Preserving Capabilities. American Journal of Bioethics 12 (6):48-49.
    The American Journal of Bioethics, Volume 12, Issue 6, Page 48-49, June 2012.
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  5. Pablo Gilabert (2012). Comparative Assessments of Justice, Political Feasibility, and Ideal Theory. Ethical Theory and Moral Practice 15 (1):39-56.
    What should our theorizing about social justice aim at? Many political philosophers think that a crucial goal is to identify a perfectly just society. Amartya Sen disagrees. In The Idea of Justice, he argues that the proper goal of an inquiry about justice is to undertake comparative assessments of feasible social scenarios in order to identify reforms that involve justice-enhancement, or injustice-reduction, even if the results fall short of perfect justice. Sen calls this the “comparative approach” to the theory of (...)
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  6. Pablo Gilabert & Holly Lawford-Smith (2012). Political Feasibility. A Conceptual Exploration. Political Studies 60 (4):809-825.
  7. Axel Gosseries (2009). Three Models of Intergenerational Justice and Its Challenges. In Gosseries Axel & Meyer Lukas (eds.), Intergenerational Justice. Oxford University Press.
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