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David Lefkowitz [20]David B. Lefkowitz [1]
  1. David Lefkowitz (forthcoming). Should the Law Convict Those Who Act From Conviction? Reflections on a Demands-of-Conscience Criminal Defense. Criminal Law and Philosophy:1-19.
    How should the judge or jury in a just criminal court treat a civil disobedient, someone who performs a conscientiously motivated communicative breach of the criminal law? Kimberley Brownlee contends that all else equal a court of law should neither convict nor punish such offenders. Though I agree with this conclusion, I contend that Brownlee mischaracterizes the nature of the criminal defense to which civil disobedients are entitled. Whereas Brownlee maintains that such actors ought to be excused for their criminal (...)
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  2. David Lefkowitz (2011). The Principle of Fairness and States’ Duty to Obey International Law. Canadian Journal of Law and Jurisprudence 24 (2):327-346.
    I employ the principle of fairness to argue that many existing states have a moral duty to obey international law simply in virtue of its status as law. On this voluntarist interpretation of the principle of fairness, agents must accept the benefits of a cooperative scheme in order to acquire an obligation to contribute to that scheme’s operation. I contend that states can accept the benefits international law provides, and that only if they do so do states have a fair-play (...)
     
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  3. David Lefkowitz (2010). Debate: Legitimate Authority, Following Orders, and Wars of Questionable Justice. Journal of Political Philosophy 18 (2):218-227.
  4. David Lefkowitz (2010). Stilz, Anna . Liberal Loyalty: Freedom, Obligation, and the State . Princeton, NJ: Princeton University Press, 2009. Pp. 264. $29.95 (Cloth). [REVIEW] Ethics 120 (4):874-878.
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  5. David Lefkowitz (2010). The Sources of International Law: Some Philosophical Reflections. In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. OUP Oxford
     
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  6. David Lefkowitz (2009). Partiality and Weighing Harm to Non-Combatants. Journal of Moral Philosophy 6 (3):298-316.
    The author contests the claim made independently by F.M. Kamm and Thomas Hurka that combatants ought to assign greater weight to collateral harm done to their compatriot noncombatants then they assign to collateral harm done to enemy non-combatants. Two arguments by analogy offered in support of such partiality, one of which appeals to permissible self/other asymmetry in cases of harming the few to save the many, and the second of which appeals to parents' justifiable partiality to their children, are found (...)
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  7. David Lefkowitz (2009). Review of Thomas Christiano, The Constitution of Equality: Democratic Authority and its Limits. [REVIEW] Notre Dame Philosophical Reviews 2009 (5).
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  8. David Lefkowitz (2008). Collateral Damage. In Larry May & Emily Crookston (eds.), War: Essays in Political Philosophy. Cambridge University Press
     
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  9. David Lefkowitz (2008). On the Concept of a Morally Relevant Harm. Utilitas 20 (4):409-423.
    The author argues that only when the two harms are morally relevant to one another may an agent take into account the number of people he can save. He defends an orbital conception of morally relevant harm, according to which harms that fall within the of a given harm are relevant to it, while all other harms are not. The possibility of preventing a harm provides both a first-order reason to prevent that harm, and a second-order reason not to consider (...)
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  10. David Lefkowitz (2008). On the Foundation of Rights to Political Self-Determination: Secession, Nonintervention, and Democratic Governance. Journal of Social Philosophy 39 (4):492-511.
  11. David Lefkowitz (2008). Solving The Chronological Paradox In Customary International Law: A Hartian Approach. Canadian Journal of Law and Jurisprudence 21 (1):128-148.
    As traditionally conceived, the creation of a new rule of customary international law requires that states believe the law to already require the conduct specified in the rule. Distinguishing the process whereby a customary rule comes to exist from the process whereby that customary rule becomes law dissolves this chronological paradox. Creation of a customary rule requires only that states come to believe that there exists a normative standard to which they ought to adhere, not that this standard is law. (...)
     
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  12. David Lefkowitz (2007). On a Moral Right to Civil Disobedience. Ethics 117 (2):202-233.
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  13. David Lefkowitz (2007). Review of Margaret Gilbert, A Theory of Political Obligation: Membership, Commitment, and the Bonds of Society. [REVIEW] Notre Dame Philosophical Reviews 2007 (6).
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  14. Philip Pettit, David Lefkowitz, Steven Wall, Mark Schroeder, Paula Casal & Rosalind Hursthouse (2007). 10. Evan Selinger and Robert Crease, Eds., The Philosophy of Expertise Evan Selinger and Robert Crease, Eds., The Philosophy of Expertise (Pp. 377-381). [REVIEW] In Laurie DiMauro (ed.), Ethics. Greenhaven Press
     
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  15. David Lefkowitz (2006). On Moral Arguments Against a Legal Right to Unilateral Humanitarian Intervention. Public Affairs Quarterly 20 (2):115-134.
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  16. David Lefkowitz (2006). The Duty to Obey the Law. Philosophy Compass 1 (6):571–598.
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  17. David Lefkowitz (2005). A Contractualist Defense of Democratic Authority. Ratio Juris 18 (3):346-364.
  18. David Lefkowitz (2005). Customary Law and the Case for Incorporationism. Legal Theory 11 (4):405-420.
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  19. David Lefkowitz (2004). Legitimate Political Authority and the Duty of Those Subject to It: A Critique of Edmundson. Law and Philosophy 23 (4):399 - 435.
    According to <span class='Hi'>William</span> Edmundson, a legitimatepolitical authority is one that claims tocreate in its subjects a general duty ofobedience to the law, and that succeeds increating in its subjects a duty to obey stateofficials when they apply the law in particularcases. His argument that legitimate politicalauthority does not require the state''s claim tobe true rests on his analysis of legitimatetheoretical authority, and the assumption thattheoretical and practical authority are thesame in the relevant respects, both of whichare challenged here. In (...)
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  20. David Lefkowitz (2004). The Nature of Fairness and Political Obligation. Social Theory and Practice 30 (1):1-31.
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  21. David B. Lefkowitz (2003). A Moral Contractualist Defense of Political Obligation. Dissertation, University of Maryland, College Park
    Do citizens of any modern state have a general duty to acknowledge its authority to determine for them, for action guiding purposes, whether certain kinds of conduct are morally permissible, required, or forbidden? That is, is there a duty to obey the law? Moral Contractualism, I contend, entails that citizens of a liberal democratic state have such a duty. ;Treating others morally often requires agents to act collectively, but even agents who accept the moral necessity of collective action will sometimes (...)
     
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