19 found

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  1.  4
    Review of Michael Blake, Justice, Migration, and Mercy, Oxford University Press, Oxford, 2020, 266 Pp, ISBN: 9780190879556. [REVIEW]Jamie Draper - 2021 - Res Publica 27 (2):303-307.
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  2.  12
    The Inevitable Social Contract.David Dyzenhaus - 2021 - Res Publica 27 (2):187-202.
    The mark of ‘the political’, according to Bernard Williams, lies in a society finding an answer to the ‘first political question’—the ‘Hobbesian’ question of how to secure ‘order, protection, safety, trust, and the conditions of cooperation’. It is first because ‘solving it is the condition of solving, indeed posing, any others’. Williams also argues that a political order differs from an ‘unmediated coercive’ order in that it seeks to satisfy the ‘Basic Legitimation Demand’ that every legitimate state must satisfy if (...)
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  3.  5
    Human Rights, Legitimacy, Political Judgement.Edward Hall & Dimitrios Tsarapatsanis - 2021 - Res Publica 27 (2):171-185.
    This paper grapples with Bernard Williams’s prima vista enigmatic assertion that ‘[w]hether it is a matter of good philosophical sense to treat a practice as a violation of human rights, and whether it is politically good sense, cannot ultimately constitute two separate questions’. Though Williams’s approach to thinking about human rights has a number of affinities with other ‘political’ and ‘minimalist’ understandings, we highlight its distinctive features and argue that it has significant implications for our understanding of human rights along (...)
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  4.  9
    Williams and Rawls in Philadelphia.Dimitrios Kyritsis - 2021 - Res Publica 27 (2):203-218.
    In A Theory of Justice John Rawls proposes that the two principles of justice should be realized through a four-stage sequence of institutional action that starts with a constitution agreed upon by delegates to a constitutional convention. A largely overlooked aspect of this proposal is that delegates are taken to hold conflicting opinions about justice. Their disagreement is one of the factors that determine their institutional choices. This paper employs Bernard Williams’s theory of the political value of liberty to explain (...)
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  5.  2
    Friend or Foe?: Bernard Williams and Political Constitutionalism.Cormac S. Mac Amhlaigh - 2021 - Res Publica 27 (2):219-234.
    This article looks at Bernard Williams’s relevance to particular debates in constitutional theory about the legitimacy of two competing models of institutional design: political constitutionalism which endorses giving the final say on the meaning of constitutional rights to legislatures; and legal constitutionalism which endorses giving the final say on the meaning of rights to courts. Recent defences of political constitutionalism have made claims about the realism of their accounts when compared with legal constitutionalism and have co-opted Bernard Williams’s realism to (...)
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  6.  21
    Too Much Info: Data Surveillance and Reasons to Favor the Control Account of the Right to Privacy.Jakob Thrane Mainz & Rasmus Uhrenfeldt - 2021 - Res Publica 27 (2):287-302.
    In this paper, we argue that there is at least a pro tanto reason to favor the control account of the right to privacy over the access account of the right to privacy. This conclusion is of interest due to its relevance for contemporary discussions related to surveillance policies. We discuss several ways in which the two accounts of the right to privacy can be improved significantly by making minor adjustments to their respective definitions. We then test the improved versions (...)
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  7.  8
    Political Moralism and Constitutional Reasoning: A Reply to Bernard Williams.Roni Mann - 2021 - Res Publica 27 (2):235-253.
    Williams’s well-known critique of the ‘moralism’ of liberal political philosophy—its disconnect from political reality—holds special significance for the theory and practice of constitutional adjudication, where calls for ‘realism’ increasingly resound. Is constitutional discourse also guilty of moralism—as Williams himself thought—or might it succeed where political philosophy has failed? This paper reconstructs Williams’s critique of political moralism as one that decries the empty idealism of the philosophical project of abstraction: the quest for general, timeless, and universal principles drains theory of its (...)
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  8.  12
    Williams, Pragmatism, and the Law.Cheryl Misak - 2021 - Res Publica 27 (2):155-170.
    This paper views Bernard Williams through the lens of the pragmatist tradition. The central insight of pragmatism is that philosophy must start with human practice, in contrast to high theory or metaphysics. Williams was one of the twentieth century’s most able proponents of this insight, especially when considering the topics of ethics and the law. Williams never saw himself as a pragmatist, because he took Richard Rorty’s radical relativism to be the exemplar of the position. But I shall suggest that (...)
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  9.  5
    Time and Timelessness in Constitutional Thought.Thomas Poole - 2021 - Res Publica 27 (2):255-270.
    This paper considers the character of moral peoplehood, our life as a people, and the rules and principles through which that life is expressed. In so far as those rules and principles take legal form, as determining the ground rules of association and denoting political rights and duties, this moral community is also a jural community. The paper engages with Bernard Williams’s thought with a view to resolving the tension between two conceptions of the constitution that differ in their account (...)
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  10.  2
    Moral Luck, Responsibility, and Systems of Tort Liability.Emmanuel Voyiakis - 2021 - Res Publica 27 (2):271-286.
    Bernard Williams drew our attention to what might be wrong with denying the role of luck in our understanding of agency and responsibility. Susan Wolf and David Enoch, in separate works, have asked us to focus instead on what might be virtuous and valuable in embracing that role, and on how our institutions might assist us in that regard. They claim that the agent who ‘takes’ a responsibility that law or morality do not already assign to them may be displaying (...)
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  11.  9
    Naturally and Socially Caused Inequalities: Is the Distinction Relevant for Assessments of Justice?Fernando de los Santos Menéndez - 2021 - Res Publica 27 (1):95-109.
    In ‘Justice and Nature’, Thomas Nagel claims that social institutions are not responsible for inequalities caused primarily by nature, as opposed to socially caused inequalities. I evaluate this claim. To do so, I distinguish causal responsibility from substantive responsibility. I argue that Nagel rightly identifies conditions in virtue of which social institutions are not substantively responsible for an inequality, but the causal responsibility of nature is irrelevant for that assessment. The natural/social distinction is, I hold, misleading, and I offer two (...)
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  12.  7
    Extrinsic Democratic Proceduralism: A Modest Defence.Chiara Destri - 2021 - Res Publica 27 (1):41-58.
    Disagreement among philosophers over the proper justification for political institutions is far from a new phenomenon. Thus, it should not come as a surprise that there is substantial room for dissent on this matter within democratic theory. As is well known, instrumentalism and proceduralism represent the two primary viewpoints that democrats can adopt to vindicate democratic legitimacy. While the former notoriously derives the value of democracy from its outcomes, the latter claims that a democratic decision-making process is inherently valuable. This (...)
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  13.  2
    The Impact of Trade Policy Decisions on Social Justice.Sarah C. Goff - 2021 - Res Publica 27 (1):59-76.
    Some recent trade decisions, such as the U.S.’s imposition of protectionist measures against China, have attracted fervent popular support as well as outrage. Critics of these trade policies argue that they fail to promote society’s own interests. This paper catalogues the different ways that trade decisions can hinder and facilitate a society’s pursuit of social justice. I adopt a simple description of trade liberalization: a society forgoes the use of certain policy options, in order to pursue greater economic productivity through (...)
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  14.  2
    On the Permissibility of Free-Riding on the Global Lingua Franca.Siba Harb - 2021 - Res Publica 27 (1):111-128.
    English today seems to be emerging as a global lingua franca. And a global lingua franca would be a global public good. Characteristically, being non-excludable, public goods are susceptible to free-riding: absent targeted distributive policies, some individuals can accrue a good’s benefits without having contributed to the costs of its production. In this paper, I make two arguments. First, I argue, against Philippe Van Parijs, that Anglophones are not unfairly free-riding on the efforts of non-Anglophones of producing English as a (...)
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  15.  9
    Lying, Misleading, and the Argument From Cultural Slopes.Lisa Herzog - 2021 - Res Publica 27 (1):77-93.
    This paper discusses a novel kind of argument for assessing the moral significance of acts of lying and misleading. It is based on considerations about valuable social norms that might be eroded by these actions, because these actions function as signals. Given that social norms can play an important role in supporting morality, individuals have a responsibility to preserve such norms and to prevent ‘cultural slopes’ that erode them. Depending on whether there are norms against lying, misleading, or both, and (...)
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  16.  4
    Conflicts and Reasons in Contextual Normative Theory: A Reply to Modood and Thompson.Peter Matthew Hills - 2021 - Res Publica 27 (1):145-150.
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  17.  14
    Equality of Resources and Non-domination: Can the Two be Compatible?Sotiria Skarveli - 2021 - Res Publica 27 (1):3-24.
    Social egalitarians hold that one fundamental requirement of the ideal of social equality is that people should stand in relations of non-domination to one another. In the light of this, they reject luck egalitarian principles of justice as incompatible with a society of equals, because the former violate the non-domination requirement. I call this the domination objection. In this paper I examine its force against Dworkinian resource egalitarianism. There are two reasons why equality of resources might be thought to be (...)
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  18.  11
    A Buck-Passing Account of ‘Moral Equality’.Elaine Lok-Lam Yim - 2021 - Res Publica 27 (1):25-40.
    The belief that all human beings are ‘moral equals’ is widespread within the canon of Western liberal philosophy. However, it is unclear precisely what ‘moral equality’ or its associate terms mean, what grounds our ‘moral equality’ and what the implications of being ‘moral equals’ are. In this paper, I distinguish between three ways of understanding ‘moral equality’: the ‘buck-passing’, ‘explanatory’ and ‘reverse-explanatory’ accounts. The buck-passing account of moral equality is in parallel with Scanlon’s buck-passing account of value. It holds that (...)
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  19.  2
    Confusion and the Role of Intuitions in the Debate on the Conception of the Right to Privacy.Björn Lundgren - 2021 - Res Publica:1-6.
    Recently, Jakob Thraine Mainz and Rasmus Uhrenfeldt defended a control-based conception of a moral right to privacy —focusing on conceptualizing necessary and jointly sufficient conditions for a privacy right violation. This reply comments on a number of mistakes they make, which have long reverberated through the debate on the conceptions of privacy and the right to privacy and therefore deserve to be corrected. Moreover, the reply provides a sketch of a general response for defending the limited access conception of the (...)
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