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Siblings:History/traditions: Political Obligation
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  1. S. Aiyar (2000). The Problem of Law's Authority: John Finnis and Joseph Raz on Legal Obligation. [REVIEW] Law and Philosophy 19 (4):465-489.
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  2. Arthur Isak Applbaum (2010). Legitimacy Without the Duty to Obey. Philosophy and Public Affairs 38 (3):215-239.
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  3. Richard J. Arneson, Consent.
    The Lockean natural rights tradition—including its libertarian branch-- is a work in progress.1 Thirty years after the publication of Anarchy, State, and Utopia, Robert Nozick’s classic work of political theory is still regarded by academic philosophers as the authoritative statement of right-wing libertarian Lockeanism in the Ayn Rand mold.2 Despite the classic status of this great book, its tone is not at all magisterial, but improvisational, quirky, tentative, and exploratory. Its author has more questions than answers. On some central foundational (...)
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  4. Marcus Arvan (2009). In Defense of Discretionary Association Theories of Political Legitimacy: Reply to Buchanan. Journal of Ethics and Social Philosophy.
    Allen Buchanan has argued that a widely defended view of the nature of the state – the view that the state is a discretionary association for the mutual advantage of its members – must be rejected because it cannot adequately account for moral requirements of humanitarian intervention. This paper argues that Buchanan’s objection is unsuccessful,and moreover, that discretionary association theories can preserve an important distinction that Buchanan’s alternative approach to political legitimacy cannot: the distinction between “internal” legitimacy (a state’s ability (...)
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  5. Tongdong Bai (2010). What to Do in an Unjust State?: On Confucius's and Socrates's Views on Political Duty. [REVIEW] Dao: A Journal of Comparative Philosophy 9 (4):375-390.
    Confucius argued for the centrality of the superior man’s political duty to his fellow human beings and to the state, while Socrates suggested that the superior man (the philosopher) may have no such political duty. However, Confucius also suggested that one not enter or stay—let alone save—a troubled state, while Socrates stayed in an unjust state, apparently fulfilling his political duty to the state by accepting an unjust verdict. In this essay, I will try to show how Confucius could solve (...)
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  6. W. Macmahon Ball (1931). The Limits of Political Obligation. International Journal of Ethics 41 (3):296-304.
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  7. Randy Barnett (1977). Whither Anarchy? Has Robert Nozick Justified the State? Journal of Libertarian Studies 1 (1):15-21.
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  8. Steve Beackon & Andrew Reeve (1976). The Benefits of Reasonable Conduct: The Leviathan Theory of Obligation. Political Theory 4 (4):423-438.
  9. Charles R. Beitz (1980). Tacit Consent and Property Rights. Political Theory 8 (4):487-502.
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  10. John G. Bennett (1979). A Note on Locke's Theory of Tacit Consent. Philosophical Review 88 (2):224-234.
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  11. Harry Beran (1977). In Defense of the Consent Theory of Political Obligation and Authority. Ethics 87 (3):260-271.
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  12. Harry Beran (1976). Political Obligation and Democracy. Australasian Journal of Philosophy 54 (3):250 – 254.
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  13. William S. Boardman (1987). Coordination and the Moral Obligation to Obey the Law. Ethics 97 (3):546-557.
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  14. Aryeh Botwinick (1981). Politics in a World of Scarcity: Theories of Justice and Political Obligation. Journal of Social Philosophy 12 (3):7-15.
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  15. Jeffrey Brand-Ballard (2010). Limits of Legality: The Ethics of Lawless Judging. Oxford University Press.
    Introduction -- Practical reasons and judicial use of force -- Deviating from legal standards -- The legal duties of judges -- The normative classification of legal results -- Reasons to deviate -- Adherence rules -- Obeying adherence rules -- The judicial oath -- Legal duty and political obligation -- Systemic effects -- Agent-relative principles -- Optimal adherence rules -- Guidance rules -- Treating like cases alike -- Implementation -- Theoretical implications -- Conclusion.
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  16. Nathan Brett (2008). Is There a Duty to Obey the Law? - By Christopher Heath Wellman and A. John Simmons. Philosophical Books 49 (1):86-88.
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  17. Kimberley Brownlee (2008). Legal Obligation as a Duty of Deference. Law and Philosophy 27 (6):583 - 597.
    An enduring question in political and legal philosophy concerns whether we have a general moral obligation to follow the law. In this paper, I argue that Philip Soper’s intuitively appealing effort to give new life to the idea of legal obligation by characterising it as a duty of deference is ultimately unpersuasive. Soper claims that people who understand what a legal system is and admit that it is valuable must recognise that they would be morally inconsistent to deny that they (...)
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  18. Daniel Brudney (1991). Hypothetical Consent and Moral Force. Law and Philosophy 10 (3):235 - 270.
    This article starts by examining the appeal to hypothetical consent as used by law and economics writers. I argue that their use of this kind of argument has no moral force whatever. I then briefly examine, through some remarks on Rawls and Scanlon, the conditions under which such an argument would have moral force. Finally, I bring these considerations to bear to criticize the argument of judge Frank Easterbrook's majority opinion in Flamm v. Eberstadt.
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  19. Allen Buchanan, Secession. Stanford Encyclopedia of Philosophy.
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  20. Allen Buchanan (2002). Political Legitimacy and Democracy. Ethics 112 (4):689-719.
  21. Allen Buchanan (1999). Recognitional Legitimacy and the State System. Philosophy and Public Affairs 28 (1):46–78.
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  22. Allen E. Buchanan (2004). Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law. Oxford University Press.
    This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace among states, (...)
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  23. Allen Buchanan & Robert O. Keohane (2006). The Legitimacy of Global Governance Institutions. Ethics and International Affairs 20 (4):405–437.
  24. John R. Carnes (1960). Why Should I Obey the Law? Ethics 71 (1):14-26.
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  25. Craig L. Carr (2004). Fairness and Political Obligation—Again. Social Theory and Practice 30 (1):33-57.
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  26. Craig L. Carr (2002). Fairness and Political Obligation. Social Theory and Practice 28 (1):1-28.
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  27. Alan Carter (2006). The Evolution of Rawls's Justification of Political Compliance: Part 1 of the Problem of Political Compliance in Rawls's Theories of Justice. Journal of Moral Philosophy 3 (1):7-21.
    As Rawls's thought evolved from his 1958 article ‘Justice as Fairness’ to the 1996 edition of his book Political Liberalism, his response to the problem of political compliance would seem to have undergone a number of changes. This article critically evaluates the development of Rawls's various explicit or implied arguments that serve to justify compliance to just social arrangements, and concludes that the problem of political compliance remains without any cogent solution within the vast corpus of Rawls's work. Key Words: (...)
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  28. Alan Carter (2001). Presumptive Benefits and Political Obligation. Journal of Applied Philosophy 18 (3):229–243.
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  29. Emanuela Ceva (2009). Just Procedures with Controversial Outcomes: On the Grounds for Substantive Disputation Within a Procedural Theory of Justice. Res Publica 15 (3):219-235.
    Acts of civil disobedience and conscientious objection provide valuable indications of the congruence of political outcomes with citizens’ conceptions of justice and the good. As their primary concern is substantive, their logic seems extraneous to procedural approaches to justice. Accordingly, it has often been argued that these latter condemn citizens to a ‘deaf-and-blind’ acceptance of the outcomes of agreed procedures. A closer analysis of such acts of contestation shall reveal that although, for proceduralism, the outcomes of just procedures cannot be (...)
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  30. Naima Chahboun (forthcoming). Nonideal Theory and Compliance—A Clarification. European Journal of Political Theory:1474885114559040.
    This paper examines the various ways in which nonideal theory responds to noncompliance with ideal principles of justice. Taking Rawls’ definition of nonideal theory as my point of departure, I propose an understanding of this concept as comprising two subparts: Complementary nonideal theory responds to deliberate and avoidable noncompliance and consists mainly of theories of civil disobedience, rebellion, and retribution. Substitutive nonideal theory responds to nondeliberate and unavoidable noncompliance and consists mainly of theories of transition and caretaking. I further argue (...)
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  31. T. Christiano & S. Sciaraffa (2003). Legal Positivism and the Nature of Legal Obligation. Law and Philosophy 22 (5):487-512.
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  32. Thomas Christiano (2009). Debate: Estlund on Democratic Authority. Journal of Political Philosophy 17 (2):228-240.
  33. Thomas Christiano (2006). Debate: Democracy's Authority: Reply to Wall. Journal of Political Philosophy 14 (1):101–110.
  34. Thomas Christiano (2004). The Authority of Democracy. Journal of Political Philosophy 12 (3):266–290.
  35. Thomas Christiano (1999). Justice and Disagreement at the Foundations of Political Authority. Ethics 110 (1):165-187.
  36. Tom Christiano, Authority. Stanford Encyclopedia of Philosophy.
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  37. Thomas I. Cook (1939). Political Obligation, Democracy, and Moralistic Legislation. Ethics 49 (2):148-168.
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  38. David Copp (1999). The Idea of a Legitimate State. Philosophy and Public Affairs 28 (1):3–45.
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  39. Maurice William Cranston (1972). Hobbes and Rousseau: A Collection of Critical Essays. Garden City, N.Y.,Anchor Books.
    Introduction, by R. Peters and M. Cranston.--Hobbes: the problem of interpretation, by W. H. Greenleaf.--Warrender and his critics, by B. Barry.--Hobbes and the just man, by K. R. Minogue.--Hobbes on the knowledge of God, by R. W. Hepburn.--The context of Hobbes's theory of political obligation, by Q. Skinner.--The economic foundations of Hobbes' politics, by W. Letwin.--Hobbes & Hull: metaphysicians of behaviour, by R. Peters and H. Tajfel.--Hobbes on power, by S. I. Benn.--Liberty, by J. W. N. Watkins.--Man and society in (...)
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  40. Garrett Cullity (2008). Public Goods and Fairness. Australasian Journal of Philosophy 86 (1):1 – 21.
    To what extent can we as a community legitimately require individuals to contribute to producing public goods? Most of us think that, at least sometimes, refusing to pay for a public good that you have enjoyed can involve a kind of 'free riding' that makes it wrong. But what is less clear is under exactly which circumstances this is wrong. To work out the answer to that, we need to know why it is wrong. I argue that when free riding (...)
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  41. Garrett Cullity (1995). Moral Free Riding. Philosophy and Public Affairs 24 (1):3–34.
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  42. Simon Cushing (2003). Justification, Legitimacy, and Social Embeddedness: Locke and Rawls on Society and the State. Journal of Value Inquiry 37 (2):217-231.
  43. Simon Cushing (1999). Rawls and "Duty-Based" Accounts of Political Obligation. APA Newsletter on Law and Philosophy 99 (1):67-71.
    Rawls's theory of political obligation attempts to avoid the obvious flaws of a Lockean consent model. Rawls rejects a requirement of consent for two reasons: First, the consent requirement of Locke’s theory was intended to ensure that the liberty and equality of the contractors was respected, but this end is better achieved by the principles chosen in the original position, which order the basic structure of a society into which citizens are born. Second, "basing our political ties upon a principle (...)
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  44. Jason D'Cruz (2014). Displacement and Gratitude: Accounting for the Political Obligation of Refugees. Ethics and Global Politics 7 (1).
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  45. A. P. D'Entrèves (1968). On the Nature of Political Obligation. Philosophy 43 (166):309 - 323.
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  46. R. Dagger (2000). Philosophical Anarchism and its Fallacies:A Review Essay. [REVIEW] Law and Philosophy 19 (3):391-406.
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  47. R. Dagger (1977). Books in Review : The Shotgun Behind the Door: Liberalism and the Problem of Political Obligation by Philip Abbott. Athens: University of Georgia Press, 1976. Pp. Xv, 208. $8.00. [REVIEW] Political Theory 5 (1):133-136.
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  48. Richard Dagger, Political Obligation. Stanford Encyclopedia of Philosophy.
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  49. Richard Dagger (1985). Rights, Boundaries, and the Bonds of Community: A Qualified Defense of Moral Parochialism. The American Political Science Review 79 (2):436-447.
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  50. Richard Dagger (1977). What Is Political Obligation? The American Political Science Review 71 (1):86-94.
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