Contents
81 found
Order:
1 — 50 / 81
  1. Why Liberal States Must Accommodate Tax Resistors.Jason Brennan - forthcoming - Public Affairs Quarterly.
    Liberal states ought to accommodate conscientious tax resistance for the same reasons they should accommodate conscientious objection to fighting in war. Conscientious objection to fighting is nothing special.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  2. Ideal Theory and Real Politics: The Politics in Political Liberalism.Darren Cheng - forthcoming - Moral Philosophy and Politics.
    Realist thinkers in political philosophy often criticize ideal theorists for neglecting or eliminating the fact of politics in their work. This is supposed to be problematic because we should never expect to overcome politics. Any theory that attempts to do so is said to be unrealistic, naïve, and impractical. Although much has been said in the dispute between realists and ideal theorists in recent years, this particular line of criticism, which should be distinguished from other criticisms of ideal theory, has (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  3. An Instrumentalist Theory of Political Legitimacy.Matthias Brinkmann - 2024 - Oxford: Oxford University Press.
    What justifies political power? Most philosophers argue that consent or democracy are important, in other words, it matters how power is exercised. But this book argues that outcomes primarily matter to justifying power.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  4. Liberal arts and the failures of liberalism.James Dominic Rooney - 2024 - In James Dominic Rooney & Patrick Zoll (eds.), Beyond Classical Liberalism: Freedom and the Good. New York, NY: Routledge Chapman & Hall.
    Public reason liberalism is the political theory which holds that coercive laws and policies are justified when and only when they are grounded in reasons of the public. The standard interpretation of public reason liberalism, consensus accounts, claim that the reasons persons share or that persons can derive from shared values determine which policies can be justified. In this paper, I argue that consensus approaches cannot justify fair educational policies and preserving cultural goods. Consensus approaches can resolve some controversies about (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  5. Non-Consensual Vaccination and Medical Harassment: Giving Vaccine Refusers Their Due.Mihnea D. I. Capraru - 2023 - Journal of Controversial Ideas 3 (1):1-8.
    This article argues that non-consensual vaccination is morally impermissible, for the same reasons for which sexual assault is not permissible. Likewise, mandatory vaccination is morally akin to sexual harassment, and therefore is not to be allowed.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  6. Chance, consent, and COVID-19.Ryan Doody - 2023 - In Evandro Barbosa (ed.), Moral Challenges in a Pandemic Age. Routledge. pp. 204-224.
    Are mandatory lockdown measures, which place restrictions on one’s freedom to move and assemble, justifiable? Offhand, such measures appear to compromise important rights to secure goals of public health. Proponents of such measures think the trade-off is worth it; opponents think it isn’t. However, one might think that casting the debate in these terms concedes too much to the opponents. Mandatory lockdown measures don’t infringe important rights because no one has a right to impose a risk of grievous harm on (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  7. The Principle of Convergent Restraint: A Failed Framework of Public Reason.Jacob Isaac - 2023 - University of British Columbia.
    This essay undertakes a critical examination of Kevin Vallier’s Principle of Convergent Restraint (PCR) within the framework of public reason liberalism. The article begins by scrutinizing the PCR’s inaugural provision: intelligibility, advancing the argument that Vallier’s explication of intelligibility contradicts the requisites of public justification in liberal democracies. It argues that Vallier’s predilection for intelligibility over accessibility runs afoul of the fundamental principles underpinning public reason and pluralistic liberalism. It then provides an evaluation of the second provision, narrow restraint, asserting (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  8. Perché essere panarchici. Una difesa consequenzialista degli stati volontari trans-territoriali.Davide Saracino - 2023 - Notizie di Politeia 39 (149):89-110.
    Panarchism is a political theory advocating a global society made up of voluntary trans-territorial states founded on explicit contracts signed between governments and prospective citizens. Throughout this paper, I first aim to clarify what panarchism entails from a theoretical and institutional standpoint. Thereafter, I examine the two most relevant arguments in support of panarchism: the intuitionist appeal to the value of consent and the consequentialist stress on the individual and/or social utility of a panarchist society. In this regard, I maintain (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  9. Perché essere panarchici. Una difesa consequenzialista degli stati volontari trans-territoriali.Davide Saracino - 2023 - Notizie di Politeia 39 (149):89-110.
    Panarchism is a political theory advocating a global society made up of voluntary trans-territorial states founded on explicit contracts signed between governments and prospective citizens. Throughout this paper, I first aim to clarify what panarchism entails from a theoretical and institutional standpoint. Thereafter, I examine the two most relevant arguments in support of panarchism: the intuitionist appeal to the value of consent and the consequentialist stress on the individual and/or social utility of a panarchist society. In this regard, I maintain (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  10. Public Reason and Political Autonomy: Realizing the Ideal of a Civic People.Blain Neufeld - 2022 - London, UK: Routledge.
    This book advances a novel justification for the idea of "public reason": citizens within diverse societies can realize the ideal of shared political autonomy, despite their adherence to different religious and philosophical views, by deciding fundamental political questions with "public reasons." Public reasons draw upon or are derived from ecumenical political ideas, such as toleration and equal citizenship, and mutually acceptable forms of reasoning, like those of the sciences. This book explains that if citizens share equal political autonomy—and thereby constitute (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   5 citations  
  11. Political Legitimacy as an Existential Predicament.Thomas Fossen - 2021 - Political Theory 50 (4):621-645.
    This essay contributes to developing a new approach to political legitimacy by asking what is involved in judging the legitimacy of a regime from a practical point of view. It is focused on one aspect of this question: the role of identity in such judgment. I examine three ways of understanding the significance of identity for political legitimacy: the foundational, associative, and agonistic picture. Neither view, I claim, persuasively captures the dilemmas of judgment in the face of disagreement and uncertainty (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  12. Consenting Under Third-Party Coercion.Maximilian Kiener - 2021 - Journal of Moral Philosophy 19 (4):361-389.
    This paper focuses on consent and third-party coercion, viz. cases in which a person consents to another person performing a certain act because a third party coerced her into doing so. I argue that, in these cases, the validity of consent depends on the behavior of the recipient of consent rather than the third party’s coercion taken separately, and I will specify the conditions under which consent is invalid. My view, which is a novel version of what I call a (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  13. What Immigrants Owe.Adam Lovett & Daniel Sharp - 2021 - Ergo: An Open Access Journal of Philosophy 8.
    Unlike natural-born citizens, many immigrants have agreed to undertake political obligations. Many have sworn oaths of allegiance. Many, when they entered their adopted country, promised to obey the law. This paper is about these agreements. First, it’s about their validity. Do they actually confer political obligations? Second, it’s about their justifiability. Is it permissible to get immigrants to undertake such political obligations? Our answers are ‘usually yes’ and ‘probably not’ respectively. We first argue that these agreements give immigrants political obligations. (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  14. Consent by residence: A defense.Stephen Puryear - 2021 - European Journal of Political Theory 20 (3):529-546.
    The traditional view according to which we adults tacitly consent to a state’s lawful actions just by living within its borders—the residence theory—is now widely rejected by political philosophers. According to the critics, this theory fails because consent must be (i) intentional, (ii) informed, and (iii) voluntary, whereas one’s continued residence within a state is typically none of these things. Few people intend to remain within the state in which they find themselves, and few realize that by remaining they are (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  15. Overriding Adolescent Refusals of Treatment.Anthony Skelton, Lisa Forsberg & Isra Black - 2021 - Journal of Ethics and Social Philosophy 20 (3):221-247.
    Adolescents are routinely treated differently to adults, even when they possess similar capacities. In this article, we explore the justification for one case of differential treatment of adolescents. We attempt to make philosophical sense of the concurrent consents doctrine in law: adolescents found to have decision-making capacity have the power to consent to—and thereby, all else being equal, permit—their own medical treatment, but they lack the power always to refuse treatment and so render it impermissible. Other parties, that is, individuals (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  16. Consent to unjust institutions.Bas van der Vossen - 2021 - Legal Theory 27 (3):236-251.
    John Rawls wrote that people can voluntarily acquire political obligations to institutions only on the condition that those institutions are at least reasonably just. When an institution is seriously unjust, by contrast, attempts to create political obligation are “void ab initio.” However, Rawls's own explanation for this thought was deeply problematic, as are the standard alternatives. In this paper, I offer an argument for why Rawls's intuition was right and trace its implications for theories of authority and political obligation. These, (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  17. The Role of Consent in Locke’s Theory of State.Elena Yi-Jia Zeng - 2020 - Historical Inquiry, Journal of National Taiwan University 66:201-236.
    John Locke’s theory of state is heavily constructed around his doctrine of consent. The doctrine indeed signifies a critical moment in the development of liberal and democratic theories in the history of political thought. Nevertheless, the doctrine has provoked various controversies and raises doubts on whether Locke’s early and later positions are reconcilable. This paper joins the scholarly debate through investigating the role of consent in Locke’s theory of state. It rejects the ahistorical readings of the doctrine that deliberation and (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  18. Global Public Reason, Diversity, and Consent.Samuel Director - 2019 - Philosophical Papers 48 (1):31-57.
    In this paper, I examine global public reason as a method of justifying a global state. Ultimately, I conclude that global public reason fails to justify a global state. This is the case, because global public reason faces an unwinnable dilemma. The global public reason theorist must endorse either a hypothetical theory of consent or an actual theory of consent; if she endorses a theory of hypothetical consent, then she fails to justify her principles; and if she endorses a theory (...)
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  19. Torture with consent.Terence Rajivan Edward - 2019 - Philosophical Pathways (230):1-3.
    There are attempts to define torture which say that a person is only being tortured if the pain inflicted upon them is pain that they have not consented to. In this very brief paper, I recommend that we define torture without this condition.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  20. Language and legitimacy: Is pragmatist political theory fallacious?Thomas Fossen - 2019 - European Journal of Political Theory 18 (2):293-305.
    Eva Erman and Niklas Möller have recently criticised a range of political theorists for committing a pragmatistic fallacy, illicitly drawing normative conclusions from politically neutral ideas abo...
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   9 citations  
  21. Berkeley: sobre la autoridad civil y el Estado secular / Berkeley on Civil Authority and Secular State.Alberto Luis López - 2019 - Bajo Palabra. Revista de Filosofía 22 (II):131-146.
    Berkeley’s social and political writings play an important role in his philosophy although, surprisingly, has been little studied by scholars. This lack of scholarly attention is a deficiency because such writings are not only interesting, but even more essential for understanding Berkeley’s philosophy as a whole, since point toward the same goal that his epistemological and metaphysical writings serves, namely, consolidate his apologetic and humanist project. This paper focuses on that forgotten part of Berkeley’s philosophy and aims to explore a (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  22. Logically Private Laws: Legislative Secrecy in "The War on Terror".Duncan Macintosh - 2019 - In Claire Oakes Finkelstein & Michael Skerker (eds.), Sovereignty and the New Executive Authority. Oxford University Press. pp. 225-251.
    Wittgenstein taught us that there could not be a logically private language— a language on the proper speaking of which it was logically impossible for there to be more than one expert. For then there would be no difference between this person thinking she was using the language correctly and her actually using it correctly. The distinction requires the logical possibility of someone other than her being expert enough to criticize or corroborate her usage, someone able to constitute or hold (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  23. Tying legitimacy to political power: Graded legitimacy standards for international institutions.Antoinette Scherz - 2019 - European Journal of Political Theory.
  24. लोकतंत्र द्वारा आत्महत्या अमेरिका और दुनिया के लिए एक प्रसूति.Michael Richard Starks - 2019 - Las Vegas, NV USA: Reality Press.
    अमेरिका और दुनिया अत्यधिक जनसंख्या वृद्धि से पतन की प्रक्रिया में हैं, पिछली सदी के लिए यह सबसे अधिक है, और अब यह सब, 3 दुनिया के लोगों के कारण. संसाधनों की खपत और 3 अरब से अधिक ca. 2100 के अलावा औद्योगिक सभ्यता पतन और भुखमरी, रोग, हिंसा और एक चौंका देने वाले पैमाने पर युद्ध के बारे में लाना होगा. पृथ्वी हर साल अपने topsoil के कम से कम 1% खो देता है, तो के रूप में यह 2100 (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  25. Democracias. Participación, deliberación y movimientos sociales.Donatella Della Porta - 2018 - Buenos Aires, CABA, Argentina: Prometeo Libros. Translated by Facundo Bey.
    Existe una impresionante paradoja en la era contemporánea: de África a Europa del Este, de Asia a América Latina, cada vez más naciones adhieren a la idea de la democracia; pero lo hacen justo en el momento en que la eficacia misma de la democracia como forma de organización a nivel nacional es puesta en tela de juicio de manera manifiesta. Mientras que importantes áreas de la actividad humana son organizadas progresivamente a nivel (macro) regional o global, el destino de (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  26. The Routledge Handbook of the Ethics of Consent.Peter Schaber & Andreas Müller (eds.) - 2018 - New York, NY: Routledge.
    While the importance of Consent has been discussed widely over the last few decades, interest in its study has received renewed attention in recent years, particularly regarding medical treatment, clinical research and sexual acts. The Routledge Handbook of the Ethics of Consent is an outstanding reference source to this exciting subject and the first collection of its kind. Comprising over thirty chapters by a team of international contributors the Handbook is divided into five main parts: General Questions Normative Ethics Legal (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
  27. Rethinking the Principle of Fair Play.Justin Tosi - 2018 - Pacific Philosophical Quarterly 99 (4):612-631.
    The principle of fair play is widely thought to require simply that costs and benefits be distributed fairly. This gloss on the principle, while not entirely inaccurate, has invited a host of popular objections based on misunderstandings about fair play. Central to many of these objections is a failure to treat the principle of fair play as a transactional principle—one that allocates special obligations and rights among persons as a result of their interactions. I offer an interpretation of the principle (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  28. Authority.Fabian Wendt - 2018 - Cambridge: Polity Press.
    From citizens paying taxes to employees following their bosses’ orders and kids obeying their parents, we take it for granted that a whole range of authorities have the power to impose duties on others. However, although authority is often accepted in practice, it looks philosophically problematic if we conceive persons as free and as equals. -/- In this short and accessible book, Fabian Wendt examines the basis of authority, discussing five prominent theories that try to explain how claims to authority (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  29. The Hegemony of Psychopathy.Lajos Brons - 2017 - Santa Barbara, California: Brainstorm Books.
    Any social and political arrangement depends on acceptance. If a substantial part of a people does not accept the authority of its rulers, then those can only remain in power by means of force, and even that use of force needs to be accepted to be effective. Gramsci called this acceptance of the socio-political status quo “hegemony.” Every stable state relies primarily on hegemony as a source of control. Hegemony works through the dissemination of values and beliefs that create acceptance (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  30. Autonomy, authority, and anarchy.James Humphries - 2017 - Dissertation, University of Glasgow
    The problem of the ‘mountain man’, the caricature of self-sufficiency and individualism, is not a new one for autonomy theorists. It seems plausible that there is genuine value in self-direction according to one’s deeply-held principles. If autonomy involves something like this, then anyone concerned with autonomy as a social rather than individualistic phenomenon must explain what the mountain man gets wrong when he denies that his autonomy admits of being placed under obligations to others. In particular, the mountain man challenges (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  31. Could Present Laws Legitimately Bind Future Generations? A Normative Analysis of the Jeffersonian Model.Shai Agmon - 2016 - Intergenerational Justice Review 9 (2).
    Thomas Jefferson’s famous proposal; whereby a state’s constitution should be re-enacted every 19 years by a majority vote; purports to solve the intergenerational problem caused by perpetual constitutions: namely that laws which were enacted by people who are already dead bind living citizens without their consent. I argue that the model fails to fulfil its own normative consent-based aspirations. This is because it produces two groups of people who will end up living under laws to which they did not give (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  32. Control, consent and political legitimacy.Robin Douglass - 2016 - Critical Review of International Social and Political Philosophy 19 (2):121-140.
  33. The Theory of Self-Determination.Fernando R. Tesón (ed.) - 2016 - Cambridge University Press.
    When can a group legitimately form its own state? Under international law, some groups can but others cannot. But the standard is unclear, and traditional legal analysis has failed to elucidate it. In The Theory of Self-Determination, leading scholars chart new territory in our theoretical conception of self-determination. Drawing from diverse scholarship in international law, philosophy, and political science, they attempt to move beyond the prevailing nationalist conceptions of group definition. At issue are such universal questions as: when does a (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
  34. The Morality of State Symbolic Power.George Tsai - 2016 - Social Theory and Practice 42 (2):318-342.
    Philosophical interest in state power has tended to focus on the state’s coercive powers rather than its expressive powers. I consider an underexplored aspect of the state’s expressive capacity: its capacity to use symbols (such as monuments, memorials, and street names) to promote political ends. In particular, I argue that the liberal state’s deployment of symbols to promote its members’ commitment to liberal ideals is in need of special justification. This is because the state’s exercise of its capacity to use (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   10 citations  
  35. On realist legitimacy.Fabian Wendt - 2016 - Social Philosophy and Policy 32 (2):227-245.
    In the last ten or fifteen years, realism has emerged as a distinct approach in political theory. Realists are skeptical about the merits of abstract theories of justice. They regard peace, order, and stability as the primary goals of politics. One of the more concrete aims of realists is to develop a realist perspective on legitimacy. I argue that realist accounts of legitimacy are unconvincing, because they do not solve what I call the “puzzle of legitimacy”: the puzzle of how (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   14 citations  
  36. Community Epistemic Capacity.Ian Werkheiser - 2016 - Social Epistemology 30 (1):25-44.
    Despite US policy documents which recommend that in areas of environmental risk, interaction between scientific experts and the public move beyond the so-called “Decide, Announce, and Defend model,” many current public involvement policies still do not guarantee meaningful public participation. In response to this problem, various attempts have been made to define what counts as sufficient or meaningful participation and free informed consent from those affected. Though defining “meaningfulness” is a complex task, this paper explores one under-examined dimension that concerns (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark   5 citations  
  37. Unintentional Consent.Terence Rajivan Edward - 2015 - Kritike 9 (1):86-95.
    Some political philosophers have judged that it is absurd to think that there can be unintentional consent. In this paper, I present an example of unintentional consent, which I refer to as the adapted boardroom example. I consider reasons for denying that this is an example of unintentional consent, but find that these reasons are unconvincing.
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  38. The Problem of Political Authority: An Examination of the Right to Coerce and the Duty to Obey, by Michael Huemer. [REVIEW]D. Viehoff - 2015 - Mind 124 (494):630-636.
  39. Consent as the Foundation of Political Authority - A Lockean Perspective.Frank Dietrich - 2014 - Rationality, Markets and Morals 5:64-78.
    The article focuses on the justification provided by classical contract theory for the right of states to enact laws and the corresponding obligation of political allegiance. First the distinction between political authority and parental authority developed by John Locke in his seminal work “Two Treatises of Government” is explored. Thereafter it is discussed why the interests the individuals have in the creation of a state fail to vindicate the exercise of governmental power. As regards David Hume’s influential objections to contract (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  40. The grammar of political obligation.Thomas Fossen - 2014 - Politics, Philosophy and Economics 13 (3):215-236.
    This essay presents a new way of conceptualizing the problem of political obligation. On the traditional ‘normativist’ framing of the issue, the primary task for theory is to secure the content and justification of political obligations, providing practically applicable moral knowledge. This paper develops an alternative, ‘pragmatist’ framing of the issue, by rehabilitating a frequently misunderstood essay by Hanna Pitkin and by recasting her argument in terms of the ‘pragmatic turn’ in recent philosophy, as articulated by Robert Brandom. From this (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   5 citations  
  41. Fairness, Political Obligation, and the Justificatory Gap.Jiafeng Zhu - 2014 - Journal of Moral Philosophy (4):1-23.
    The moral principle of fairness or fair play is widely believed to be a solid ground for political obligation, i.e., a general prima facie moral duty to obey the law qua law. In this article, I advance a new and, more importantly, principled objection to fairness theories of political obligation by revealing and defending a justificatory gap between the principle of fairness and political obligation: the duty of fairness on its own is incapable of preempting the citizen‟s liberty to reciprocate (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   11 citations  
  42. Social Contract Theory Should Be Abandoned.Danny Frederick - 2013 - Rationality, Markets and Morals 4:178-89.
    I argue that social-contract theory cannot succeed because reasonable people may always disagree, and that social-contract theory is irrelevant to the problem of the legitimacy of a form of government or of a system of moral rules. I note the weakness of the appeal to implicit agreement, the conflation of legitimacy with stability, the undesirability of “public justification” and the apparent blindness to the evolutionary critical-rationalist approach of Hayek and Popper. I employ that approach to sketch answers to the theoretical, (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  43. The Limits of Consent.Joseph S. Fulda - 2013 - Sexuality and Culture 17 (4):659-665.
    This journal has frequently taken the position that /consent/, or at least /informed consent/, is all that from a secular viewpoint is necessary for an activity to be ethical. We argue to the contrary, that /consent/ is and /only/ is a /political/ criterion for determining /criminality/—even for a libertarian. Consensual behavior can be /unethical/—although it should not be criminalized—if the consent will never be truly revocable in the future of if such revocability is severely compromised. We give three examples, one (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  44. Normative Consent and Authority.Daniel Koltonski - 2013 - Journal of Moral Philosophy 10 (3):255-275.
    In his recent book Democratic Authority, David Estlund defends a strikingly new and interesting account of political authority, one that makes use of a distinctive kind of hypothetical consent that he calls ‘normative consent’: a person can come to have a duty to obey another when it is the case that, were she given the chance to consent to the duty, she would have a duty to consent to it. If successful, Estlund’s account promises to provide what has arguably so (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  45. Consensus, Compromise, Justice and Legitimacy.Enzo Rossi - 2013 - Critical Review of Social and International Political Philosophy 16 (4):557-572.
    Could the notion of compromise help us overcoming – or at least negotiating – the frequent tension, in normative political theory, between the realistic desideratum of peaceful coexistence and the idealistic desideratum of justice? That is to say, an analysis of compromise may help us moving beyond the contrast between two widespread contrasting attitudes in contemporary political philosophy: ‘fiat iustitia, pereat mundus’ on the one side, ‘salus populi suprema lex’ on the other side. More specifically, compromise may provide the backbone (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark   25 citations  
  46. Justification, choice and promise: three devices of the consent tradition in a diverse society.Gerald Gaus - 2012 - Critical Review of International Social and Political Philosophy 15 (2):109-127.
    The twin ideas at the heart of the social contract tradition are that persons are naturally free and equal, and that genuine political obligations must in some way be based on the consent of those obligated. The Lockean tradition has held that consent must be in the form of explicit choice; Kantian contractualism has insisted on consent as rational endorsement. In this paper I seek to bring the Kantian and Lockean contract traditions together. Kantian rational justification and actual choice are (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  47. Political legitimacy, justice and consent.John Horton - 2012 - Critical Review of International Social and Political Philosophy 15 (2):129-148.
    What is it for a state, constitution or set of governmental institutions to have political legitimacy? This paper raises some doubts about two broadly liberal answers to this question, which can be labelled ?Kantian? and ?libertarian?. The argument focuses in particular on the relationship between legitimacy and principles of justice and on the place of consent. By contrast with these views, I suggest that, without endorsing the kind of voluntarist theory, according to which political legitimacy is simply created by individual (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   38 citations  
  48. The Compatibility of Locke's Waste Restriction.Daniel Layman - 2012 - Locke Studies 12:183-200.
    John Locke held that every person has a natural duty to use her property efficiently, and that consent is required for legitimate political power. On the face of it, these two positions seem to be in tension. This is because, (1) according to Locke, it is nearly impossible to use resources efficiently unless one lives within a political community, and (2)the waste restriction is enforceable. Consequently, it might seem that persons living outside civil society may be forced to submit to (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
  49. Legitimacy and Justice in Republican Perspective.Philip Pettit - 2012 - Current Legal Problems 65:59-82.
    Let justice be a feature of the social order imposed by a state and legitimacy a feature of how it is imposed: one that makes the imposition acceptable. This article argues that, so understood, legitimacy is quite a distinct concern from justice; that the core concern is with showing how state coercion is consistent with people’s being free citizens; that this does not require showing that the state exists by consensus or contract; that the best hope of satisfying the concern (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   5 citations  
  50. Vertrag und Vertrauen: Lockes Legitimation von Herrschaft.Michaela Rehm - 2012 - In Michaela Rehm & Bernd Ludwig (eds.), John Locke, „Zwei Abhandlungen über die Regierung“. Akademie Verlag. pp. 95-114.
    The paper discusses the foundation and genesis of the political society according to Locke, elaborating why the relationship between the civil society and the government is not defined in contractual terms, but by the notion of “trust”. Rehm argues against the view that Locke supports a liberal proceduralism, stressing that consent for him is indeed the necessary, but not the sufficient condition of legitimate political power: what needs to be added is action in accordance with the law of nature.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
1 — 50 / 81