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Matthew Lister [18]Matthew J. Lister [5]
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Profile: Matthew J. Lister (University of Pennsylvania)
Profile: Matthew Lister (Birkbeck College)
  1. Matthew Lister (forthcoming). Four Entries for the Rawls Lexicon: Charles Beitz, H.L.A. Hart, Citizen, Sovereignty. In Jon Mandle & David Reidy (eds.), The Rawls Lexicon. Cambridge University Press.
    These are for entries for the forthcoming _Rawls Lexicon_, edited by Jon Mandle and David Reidy, on H.L.A. Hart, Charles Beitz, Sovereignty, and Citizen.
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  2. Matthew Lister (forthcoming). Review of Corvino and Gallagher, Debating Same-Sex Marriage. [REVIEW] Criminal Law and Philosophy.
    With the recent U.S. Supreme Court cases finding the Defense of Marriage Act unconstitutional and removing impediments to same-sex marriage in California,as well as a number of recent successes in special elections and with legislators inthe U.S. and other countries, we might wonder whether there is still need for a book debating same-sex marriage. Is not the tide of history inevitably movingtowards marriage equality? While that position seems tempting, it is too quick.
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  3. Matthew Lister (2014). Climate Change Refugees. Critical Review of International Social and Political Philosophy 17 (5):618-634.
    Under the UNHCR definition of a refugee, set out in the 1967 Protocol Relating to the Status of Refugees, people fleeing their homes because of natural disasters or other environmental problems do not qualify for refugee status and the protection that come from such status. In a recent paper, "Who Are Refugees?", I defended the essentials of the UNHCR definition on the grounds that refugee status and protection is best reserved for people who can only be helped by granting them (...)
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  4. Matthew Lister (2014). Review of Defeasibility in Philosophy: Knowledge, Agency, Responsibility, and the Law; Claudia Blöser, Mikael Janvid, Hannes Ole Matthiessen, and Marcus Willaschek (Eds.). [REVIEW] Notre Dame Philosophical Reviews 2014.
    This volume is based on papers presented at a conference on defeasibility in ethics, epistemology, law, and logic that took place at the Goethe University in Frankfurt in 2010. The subtitle (“Knowledge, Agency, Responsibility, and the Law”) better reflects the content than does the title of the original conference. None of the papers focuses directly or primarily on defeasible reasoning in logic, though a few touch on this indirectly. Nor are the papers evenly split among the topics. Six are primarily (...)
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  5. Paul Robinson, Joshua S. Barton & Matthew J. Lister (2014). Empirical Desert, Individual Prevention, and Limiting Retributivism: A Reply. New Criminal Law Review 17 (2):312-375.
    A number of articles and empirical studies over the past decade, most by Paul Robinson and co-authors, have suggested a relationship between the extent of the criminal law's reputation for being just in its distribution of criminal liability and punishment in the eyes of the community – its "moral credibility" – and its ability to gain that community's deference and compliance through a variety of mechanisms that enhance its crime-control effectiveness. This has led to proposals to have criminal liability and (...)
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  6. Matthew Lister (2013). John Corvino and Maggie Gallagher: Debating Same-Sex Marriage. Criminal Law and Philosophy:1-9.
  7. Matthew Lister (2013). Who Are Refugees? Law and Philosophy 32 (5):645-671.
    Hundreds of millions of people around the world are unable to meet their needs on their own, and do not receive adequate protection or support from their home states. These people, if they are to be provided for, need assistance from the international community. If we are to meet our duties to these people, we must have ways of knowing who should be eligible for different forms of relief. One prominent proposal from scholars and activists has been to classify all (...)
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  8. Matthew Lister (2012). Book Reviews Fox-Decent , Evan . Sovereignty's Promise: The State as Fiduciary Oxford: Oxford University Press, 2011. Pp. 283. $99.00 (Cloth). [REVIEW] Ethics 123 (1):150-154.
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  9. Matthew Lister (2012). Review of Carl Knight, Luck Egalitarianism. [REVIEW] Journal of Moral Philosophy 9 (1):127-30.
  10. Matthew Lister (2012). Review of Sovereignty’s Promise: The State as Fiduciary by Evan Fox-Decent. [REVIEW] Ethics 123 (1):150-4.
    In Sovereignty’s Promise: The State as Fiduciary, Evan Fox-Decent uses the idea of fiduciary relationships to explain the legitimate exercise of governmental authority. He makes use of the idea of the state as a fiduciary for the people to ground an account of the duty to obey the law, to explain the proper relationships between colonial (or “settler”) societies and aboriginal populations, the role of agency discretion and judicial review in the administrative state, the rule of law, the relationship between (...)
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  11. Matthew Lister (2012). There is No Human Right to Democracy. But May We Promote It Anyway? Stanford Journal of International Law 48 (2):257.
    The idea of “promoting democracy” is one that goes in and out of favor. With the advent of the so-called “Arab Spring”, the idea of promoting democracy abroad has come up for discussion once again. Yet an important recent line of thinking about human rights, starting with John Rawls’s book The Law of Peoples, has held that there is no human right to democracy, and that nondemocratic states that respect human rights should be “beyond reproach” in the realm of international (...)
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  12. Matthew Lister (2012). The Use and Abuse of Presumptions: Some Comments on Dempsey on Finnis. Villanova Law Review 57:485.
    This paper is a short commentary on Michelle Dempsey's contribution to a symposium on the work of John Finnis which took place at Villanova Law School in the fall of 2011. It focuses on Finnis's claim that there is a presumptive obligation to obey the law and some worries that Dempsey raises against this claim. It is forthcoming, along with several other papers from the symposium, in the Villanova Law Review.
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  13. Matthew Lister (2011). Review of Gerald Gaus, The Order of Public Reason. [REVIEW] Notre Dame Philosophical Review.
  14. Matthew Lister (2011). The Legitimating Role of Consent in International Law. Chicago Journal of International Law 11 (2).
    According to many traditional accounts, one important difference between international and domestic law is that international law depends on the consent of the relevant parties (states) in a way that domestic law does not. In recent years this traditional account has been attacked both by philosophers such as Allen Buchanan and by lawyers and legal scholars working on international law. It is now safe to say that the view that consent plays an important foundational role in international law is a (...)
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  15. Matthew J. Lister (2011). Are Institutions and Empiricism Enough? [REVIEW] Transnational Legal Theory 2 (1).
    Legal philosophers have given relatively little attention to international law in comparison to other topics, and philosophers working on international or global justice have not taken international law as a primary focus, either. Allen Buchanan's recent work is arguably the most important exception to these trends. For over a decade he has devoted significant time and philosophical skill to questions central to international law, and has tied these concerns to related issues of global justice more generally. In what follows I (...)
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  16. Matthew Lister (2010). Citizenship, in the Immigration Context. University of Maryland Law Review 70:175.
    Many international law scholars have begun to argue that the modern world is experiencing a "decline of citizenship," and that citizenship is no longer an important normative category. On the contrary, this paper argues that citizenship remains an important category and, consequently, one that implicates considerations of justice. I articulate and defend a "civic" notion of citizenship, one based explicitly on political values rather than shared demographic features like nationality, race, or culture. I use this premise to argue that a (...)
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  17. Matthew Lister (2010). Immigration, Association, and the Family. Law and Philosophy 29 (6):717-745.
    In this paper I provide a philosophical analysis of family-based immigration. This type of immigration is of great importance, yet has received relatively little attention from philosophers and others doing normative work on immigration. As family-based immigration poses significant challenges for those seeking a comprehensive normative account of the limits of discretion that states should have in setting their own immigration policies, it is a topic that must be dealt with if we are to have a comprehensive account. In what (...)
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  18. Matthew Lister (2010). Review of May & Hoskins, International Criminal Law and Philosophy. [REVIEW] Concurring Opinions Blog.
    This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins.
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  19. Matthew Lister (2009). Criminal Law Conversations: &Quot;dESERT: EMPIRICAL, NOT METAPHYSICAL" and "CONTRACTUALISM AND THE SHARING OF WRONGS&Quot;. In Paul Robinson, Kimberly Ferzan & Stephen Garvey (eds.), Criminal Law Conversations.
    Following are two short contributions to the book, _Criminal Law Conversations_: commentaries on Paul Robinson's discussion of "Empirical Desert" and Antony Duff & Sandra Marshal's discussion of the sharing of wrongs.
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  20. Matthew J. Lister (2008). Gang-Related Asylum Claims: An Overview and Prescription. University of Memphis Law Review 38 (4).
    Over the last several years asylum cases relating to activities of criminal gangs have greatly increased in frequency. Cases involving Central American gangs, the so-called maras, have attracted the most attention but similar cases have arisen out of South Eastern and Eastern Europe as well. Applicants in such cases face a number of difficulties as their cases do not fit into paradigm categories for asylum claims. These cases almost always involve non-state actors, for example, acting for reasons that are not, (...)
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  21. Matthew Lister (2007). Well-Ordered Science. Journal of Philosophical Research 32 (Supplement):127-139.
    The debate over the use of genetically-modified (GM) crops is one where the heat to light ratio is often quite low. Both proponents and opponents of GM crops often resort more to rhetoric than argument. This paper attempts to use Philip Kitcher’s idea of a “well-ordered science” to bring coherence to the debate. While I cannot, of course, here decide when and where, if at all, GM crops should be used I do show how Kitcher’s approach provides a useful framework (...)
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  22. Matthew J. Lister (2007). A Rawlsian Argument for Extending Family-Based Immigration Benefits to Same-Sex Couples. University of Memphis Law Review 37 (Summer).
    In this paper I argue that anyone who accepts a Rawlsian account of justice should favor granting family-based immigration benefit to same-sex couples. I first provide a brief over-view of the most relevant aspects of Rawls's position, Justice as Fairness. I then explain why family-based immigration benefits are an important topic and one that everyone interested in immigration and justice must consider. I then show how same-sex couples are currently systematically excluded from the benefits that flow from family-based immigration rights. (...)
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  23. Matthew J. Lister (2007). Well-Ordered Science: The Case of GM Crops. Journal of Philosophical Research (Feb.):127-139.
    The proponents of competing views about the safety and usefulness of GM crops often talk past each other. One major reason for this is the lack of a shared framework in which to evaluate their competing claims. In this paper I shall make use of Philip Kitcher's idea of a well-ordered science to see if it may offer us any guidance here. In doing so I shall first lay out the idea of a well-ordered science, as developed by Kitcher. Next (...)
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