Legislation and non-neutral principles: A Lockean approach

Journal of Political Philosophy 8 (3):363–378 (2000)
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Abstract

When citizens and legislators attempt to justify coercive acts, such as fines or imprisonment, they often do so on the basis of controversial justificatory principles. There are at least two ways a principle can be controversial: one may claim that the principle in question is false; or one may claim that the principle, correctly applied, does not actually justify the specific act in question. Thus, suppose the state invokes the principle ‘false beliefs should be censored’ to justify silencing a dissident. The dissident might disagree because she thinks the state should not be in the business of censoring false beliefs, or she might agree with the principle but object to the action because she is quite convinced that her beliefs are not false.

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