19 found

Year:

  1.  6
    A Puzzle About Proportionality.David Alm - 2019 - Res Publica 25 (2):133-149.
    The paper addresses a puzzle about the proportionality requirement on self-defense due to L. Alexander. Indirectly the puzzle is also relevant to the proportionality requirement on punishment, insofar as the right to punish is derived from the right to self-defense. Alexander argues that there is no proportionality requirement on either self-defense or punishment, as long as the aggressor/offender has been forewarned of the risk of a disproportional response. To support his position Alexander appeals to some puzzle cases, challenging us to (...)
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  2.  10
    Should Abraham Get a Religious Exemption?Andrei Bespalov - 2019 - Res Publica 25 (2):235-259.
    The standard liberal egalitarian approach to religious exemptions from generally applicable laws implies that such exemptions may be necessary in the name of equal respect for each citizen’s conscience. In each particular case this approach requires balancing the claims of devout believers against the countervailing claims of other citizens. I contend, firstly, that under the conditions of deep moral and ideological disagreement the balancing procedure proves to be extremely inconclusive. It does not provide an unequivocal solution even in the imaginary (...)
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  3.  10
    Regulating Compensatory Paternalism.Johan Brännmark - 2019 - Res Publica 25 (2):167-185.
    Some recent arguments for paternalist government interventions have been based in empirical results in psychology and behavioral economics that would seem to show that adult human beings are far removed from the ideals of rationality presupposed by much of philosophical and economic theory. In this paper it is argued that we need to move to a different conception of human decision-making competence than the one that lies behind that common line of philosophical and economic thinking, and which actually still lies (...)
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  4.  6
    Further Thoughts on Talking to the Unreasonable: A Response to Wong.Matthew Clayton & David Stevens - 2019 - Res Publica 25 (2):273-281.
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  5.  10
    Regaining Traction on the Problem of Punishment: A Critique of David Boonin’s Use of the Entailment Test.Alex Howe - 2019 - Res Publica 25 (2):261-272.
    Boonin examines more than a dozen theories of punishment and offers perhaps the most systematic argument that the legal practice of punishment is probably unjustified. This provocative claim comes at a time when US prisons face unsustainable population growth and high recidivism rates. In place of punishment, Boonin offers an account of ‘compulsory victim restitution’. Responses to Boonin have focused on the merits of his theory of restitution or have defended a single particular theory of punishment from his objections. The (...)
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  6.  6
    Matthew Kramer: Liberalism with Excellence.Donald Bello Hutt - 2019 - Res Publica 25 (2):295-300.
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  7.  9
    Towards a More Particularist View of Rights’ Stringency.Benedict Rumbold - 2019 - Res Publica 25 (2):211-233.
    For all their various disagreements, one point upon which rights theorists often agree is that it is simply part of the nature of rights that they tend to override, outweigh or exclude competing considerations in moral reasoning, that they have ‘peremptory force’, making ‘powerful demands’ that can only be overridden in ‘exceptional circumstances’, Philosophical Foundations of Human Rights, Oxford University Press, Oxford, 2016, p. 240). In this article I challenge this thought. My aim here is not to prove that the (...)
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  8.  6
    Germ-Line Genetic Information as a Natural Resource as a Means to Achieving Luck-Egalitarian Equality: Some Difficulties.Ronen Shnayderman - 2019 - Res Publica 25 (2):151-166.
    In his left-libertarian theory of justice Hillel Steiner introduces the idea of conceiving our germ-line genetic information as a natural resource as a means to achieving luck-egalitarian equality. This idea is very interesting in and of itself. But it also has the potential of turning Steiner’s theory into a particularly powerful version of left-libertarianism, or so I argue in the first part of this paper. In the second part I critically examine this idea. I show why, in contrast to what (...)
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  9.  30
    Democratic Legitimacy and the Competence Objection.Lachlan Montgomery Umbers - 2019 - Res Publica 25 (2):283-293.
    Elitist scepticism of democracy has a venerable history. This paper responds to the latest round of such scepticism—the ‘competence objection’, articulated in recent work by Jason Brennan. Brennan’s charge is that democracy is unjust because it allows uninformed, irrational, and morally unreasonable voters to exercise power over high-stakes political decisions, thus imposing undue risk upon the citizenry. I show that Brennan’s objection admits of two interpretations, and argue that neither can be sustained on close examination. Along the way, I consider (...)
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  10.  13
    Overcoming the Institutional Deficit of Agonistic Democracy.Manon Westphal - 2019 - Res Publica 25 (2):187-210.
    Agonistic democrats have enriched debates on the political challenge of pluralism by raising awareness for the depth of disagreements and the political potentials of conflict. However, they have so far failed to explore the shape of institutional settings that are conducive to agonism and show how the agonistic stance may, in a very practical sense, strengthen democracies’ capacity to deal with pluralism and conflict. This article argues that this ‘institutional deficit’ of agonistic democracy can be overcome. It develops an approach (...)
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  11.  10
    Effective Vote Markets and the Tyranny of Wealth.Alfred Archer, Bart Engelen & Viktor Ivanković - 2019 - Res Publica 25 (1):39-54.
    What limits should there be on the areas of life that are governed by market forces? For many years, no one seriously defended the buying and selling votes for political elections. In recent years, however, this situation has changed, with a number of authors defending the permissibility of vote markets. One popular objection to such markets is that they would lead to a tyranny of wealth, where the poor are politically dominated by the rich. In a recent paper, Taylor :313–328, (...)
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  12.  7
    A Fluid Demos for a Hypermigration Polity.Enrico Biale - 2019 - Res Publica 25 (1):101-117.
    In this paper I will hold that it is desirable to ensure people be included within the borders and the political community both, but I will point out the potential incompatibility of the two. In an open-borders society, members of a polity would not be exclusively individuals who expect to stay in a country for a long time but also people who temporarily work and live there. Among this latter group would be individuals who would continuously migrate—call them hypermigrants. While (...)
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  13.  10
    Linguistic Integration—Valuable but Voluntary.Anna Goppel - 2019 - Res Publica 25 (1):55-81.
    Over the last decade, states have increasingly emphasised the importance of integration, and translated it into legal regulations that demand integration from immigrants. This paper criticises a specific aspect to this development, namely the tendency to make permanent residency dependent on language skills and, as such, seeks to raise doubts as to the moral acceptability of the requirement of linguistic integration. The paper starts by arguing that immigrants after a relatively short period of time acquire a moral claim to permanent (...)
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  14.  28
    On Respecting Animals, or Can Animals Be Wronged Without Being Harmed?Angela K. Martin - 2019 - Res Publica 25 (1):83-99.
    There is broad agreement that humans can be wronged independently of their incurring any harm, that is, when their welfare is not affected. Examples include unnoticed infringements of privacy, ridiculing unaware individuals, or disregarding individuals’ autonomous decision-making in their best interest. However, it is less clear whether the same is true of animals—that is, whether moral agents can wrong animals in situations that do not involve any harm to the animals concerned. In order to answer this question, I concentrate on (...)
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  15.  13
    What is Wrong with Sufficiency?Lasse Nielsen - 2019 - Res Publica 25 (1):21-38.
    In this paper, I ask what is wrong with sufficiency. I formulate a generic sufficiency principle in relation to which I discuss possible problems for sufficientarianism. I argue against the arbitrariness–concern, that sufficiency theory need only to identify a possible space for determining a plausible threshold, and I argue against the high–low threshold dilemma concern, that multiple-threshold views can solve this dilemma. I then distinguish between currency-pluralist and currency-monist multiple-threshold views and test them against two different versions of the widely (...)
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  16.  13
    Jamie Carlin Watson’s Winning Votes by Abusing Reason: Responsible Belief and Political Rhetoric. [REVIEW]Joe Slater - 2019 - Res Publica 25 (1):127-132.
    In Winning Votes by Abusing Reason, Jamie Carlin Watson combines research from epistemology, political philosophy, psychology, and economics in constructing a sophisticated argument that challenges unspoken commitments held by those engaged in politics. Watson’s main focus is what he calls the ‘problem of political rhetoric’. He asks whether we can ever really learn anything from the testimony of politicians. He is not optimistic. Watson argues that political rhetoric is damaging to our reasoning faculties. He sees no solution to this problem, (...)
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  17.  16
    Why the Duty to Self-Censor Requires Social-Media Users to Maintain Their Own Privacy.Earl Spurgin - 2019 - Res Publica 25 (1):1-19.
    Revelations of personal matters often have negative consequences for social-media users. These consequences trigger frequent warnings, practical rather than moral in nature, that social-media users should consider carefully what they reveal about themselves since their revelations might cause them various difficulties in the future. I set aside such practical considerations and argue that social-media users have a moral obligation to maintain their own privacy that is rooted in the duty to self-censor. Although Anita L. Allen provides a paternalist justification of (...)
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  18.  6
    Conjecture and the Division of Justificatory Labour: A Comment on Clayton and Stevens.Baldwin Wong - 2019 - Res Publica 25 (1):119-125.
    Clayton and Stevens argue that political liberals should engage with the religiously unreasonable by offering religious responses and showing that their religious views are mistaken, instead of refusing to engage with them. Yet they recognize that political liberals will face a dilemma due to such religious responses: either their responses will alienate certain reasonable citizens, or their engagements will appear disingenuous. Thus, there should be a division of justificatory labour. The duty of engagement should be delegated to religious citizens. In (...)
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  19.  18
    Constitutional Democracy in the Age of Populisms: A Commentary to Mark Tushnet’s Populist Constitutional Law.Valerio Fabbrizi - 2019 - Res Publica:1-17.
    This contribution aims at discussing constitutional democracy in the age of populisms, by explaining how populist movements oppose liberal-democratic constitutionalism and by presenting the thesis of a so-called ‘populist constitutionalism’, as proposed by Mark Tushnet. In the first section, a general and analytic exploration of populist phenomena will be drawn, by focusing on the so-called thesis of a ‘populist’ constitutionalism. In the second part, Tushnet’s arguments for a populist constitutionalism will be presented, through the analysis of his two main contributions: (...)
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