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1 — 50 / 52
  1. added 2019-02-13
    Global Public Reason, Diversity, and Consent.Samuel Director - forthcoming - Philosophical Papers.
    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 (...)
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  2. added 2018-10-21
    Logically Private Laws: Legislative Secrecy in "The War on Terror".Duncan MacIntosh - 2019 - In Claire Finkelstein & Michael Skerker (eds.), Sovereignty and the New Executive Authority. New York, USA: 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 (...)
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  3. added 2018-09-16
    Locke on Express and Tacit Consent.Paul Russell - 1986 - Political Theory 14 (2):291-306.
    THE SUBJECT MATTER of this essay is Locke's well-known discussion of consent in sections 116-122 of the Second Treatise of Government.' I will not be concerned to discuss the place of consent in Locke's political philosophy 2 My concerns are somewhat narrower than this. I will simply be concerned to show that in important respects several recent discussions of Locke's political philosophy have misrepresented Locke's views on the subject of express and tacit consent. At theheart of these misinterpretations lie misunderstandings (...)
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  4. added 2018-08-22
    The Legitimating Role of Consent in International Law.Matthew Lister - 2011 - 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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  5. added 2018-08-22
    Citizenship, in the Immigration Context.Matthew Lister - 2010 - 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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  6. added 2018-08-02
    Democracias. Participación, deliberación y movimientos sociales [traducción].Donatella Della Porta & Facundo Bey - 2018 - Buenos Aires, CABA, Argentina: Prometeo Libros.
    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 (...)
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  7. added 2018-07-20
    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 (...)
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  8. added 2018-05-22
    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 (...)
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  9. added 2017-11-09
    Rethinking the Principle of Fair Play.Justin Tosi - 2018 - Pacific Philosophical Quarterly 4 (99):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 (...)
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  10. added 2017-09-19
    The Hegemony of Psychopathy.Lajos L. 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 (...)
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  11. added 2017-08-02
    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 (...)
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  12. added 2017-02-28
    Hypothetical Consent and Moral Force.Daniel Brudney - 1991 - Law and Philosophy 10 (3):235 - 270.
    This article starts by examining the appeal to hypothetical consent as used by law and economics writers. I argue that their use of this kind of argument has no moral force whatever. I then briefly examine, through some remarks on Rawls and Scanlon, the conditions under which such an argument would have moral force. Finally, I bring these considerations to bear to criticize the argument of judge Frank Easterbrook's majority opinion in Flamm v. Eberstadt.
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  13. added 2017-02-15
    The Theory of Self-Determination.Fernando R. Tesón (ed.) - 2016 - Cambridge University Press.
  14. added 2017-02-09
    Theories of Consent.P. Alderson & C. Goodey - unknown
  15. added 2016-12-08
    Hugo Grotius.John Salter - 2001 - Political Theory 29 (4):537-555.
  16. added 2016-12-08
    Promising, Consent, and Citizenship.Stephen Mulhall - 1997 - Political Theory 25 (2):171-192.
  17. added 2016-12-08
    Hierarchy, Consent, and the “Western Tradition”.Brian Tierney - 1987 - Political Theory 15 (4):646-652.
  18. added 2016-09-01
    The Routledge Handbook of the Ethics of Consent.Peter Schaber & Andreas Müller (eds.) - 2018 - Routledge.
  19. added 2016-05-09
    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 (...)
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  20. added 2015-11-12
    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 (...)
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  21. added 2015-10-15
    Torture with Consent.Terence Rajivan Edward - manuscript
    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.
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  22. added 2015-09-24
    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 (...)
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  23. added 2015-07-21
    The Morality of State Symbolic Power.George Tsai - 2016 - Social Theory and Practice 42 (2):318-342.
  24. added 2015-06-03
    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.
  25. added 2015-05-21
    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.
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  26. added 2015-03-10
    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 (...)
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  27. added 2014-11-03
    Control, Consent and Political Legitimacy.Robin Douglass - 2016 - Critical Review of International Social and Political Philosophy 19 (2):121-140.
  28. added 2014-08-30
    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.
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  29. added 2014-04-08
    Hobbesian Political Order.Russell Hardin - 1991 - Political Theory 19 (2):156-180.
  30. added 2014-04-02
    The Grammar of Political Obligation.Thomas Fossen - 2013 - Politics, Philosophy and Economics (3):1470594-13496072.
    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 (...)
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  31. added 2014-03-31
    Self-Government and Secession: The Case of Nations.Simon Caney - 1997 - Journal of Political Philosophy 5 (4):351–372.
  32. added 2014-03-29
    Chronicles of Consensual Times.Jacques Rancière - 2010 - Continuum.
    The head and the stomach January 1996 -- Borges in Sarajevo March 1996 -- Fin de siècle and new millenarium May 1996 -- Cold racism July 1996 -- The last enemy November 1996 -- The grounded plane January 1997 -- Dialectic in the dialectic August 1997 -- Voyage to the country of the last sociologists November 1997 -- Justice in the past April 1998 -- The crisis of art or a crisis of thought July 1998 -- Is cinema to blame (...)
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  33. added 2014-03-20
    Democratic Self-Determination and the Disenfranchisement of Felons.Andrew Altman - 2005 - Journal of Applied Philosophy 22 (3):263–273.
  34. added 2014-03-07
    The Fallacy of Consent.Nicolas Maloberti - 2010 - Journal of Value Inquiry 44 (4):469-476.
    One way in which liberal theories have argued for the legitimacy of the state is by means of a principle of implicit consent. Since Hume, critics have argued that the price of dissent would be too high for such a strategy to be successful. Some theorists have replied that the high price involved in not agreeing to do something does not need to be a defeating condition of consenting. Other theorists have proposed institutional reforms which will diminish the costs of (...)
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  35. added 2014-03-04
    New Perspectives on the Study of the Authority Relationship: Integrating Individual and Societal Level Research.Davide Morselli & Stefano Passini - 2011 - Journal for the Theory of Social Behaviour 41 (3):291-307.
    The concept of authority crosses many social sciences, but there is a lack of common taxonomy and definitions on this topic. The aims of this review are: to define the basic characteristics of the authority relationship, reaching a definition suitable for the different domains of social psychology and social sciences; to bridge the gap between individual and societal levels of explanation concerning the authority relationship, by proposing an interpretation within the framework of social representations. The authority relationship can be conceived (...)
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  36. added 2014-02-28
    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 (...)
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  37. added 2014-01-27
    Consent, Freedom and Political Obligation. By J. P. Plamenatz . (London: Oxford University Press, Humphrey Milford. 1938. Pp. Xii + 163. Price 7s. 6d.). [REVIEW]David Thomson - 1939 - Philosophy 14 (53):114-.
  38. added 2014-01-17
    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 (...)
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  39. added 2013-11-20
    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, (...)
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  40. added 2013-10-23
    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 (...)
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  41. added 2013-06-03
    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 (...)
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  42. added 2013-03-27
    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 (...)
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  43. added 2013-03-26
    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 (...)
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  44. added 2012-10-14
    For and Against the State: New Philosophical Readings.John T. Sanders & Jan Narveson (eds.) - 1996 - Rowman & Littlefield.
    This collection addresses the central issue of political philosophy or, in a couple of cases, issues very close to the heart of that question: Is government justified? This ancient question has never been more alive than at the present time, in the midst of continuing political and social upheaval in virtually every part of the world. Only two of the pieces collected here have been published previously. All the other contributions were, at the time of the inception of the volume, (...)
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  45. added 2012-10-14
    The Ethical Argument Against Government.John T. Sanders - 1980 - University Press of America.
    The institution of government requires justification. It is a human creation, the product of deliberate human action. Acts are performed in its name, and these acts have huge consequences on the lives of people. The act of creating -- or deliberately maintaining -- government, as well as the acts typically performed in the name of government, may and should be evaluated as to morality, and as to appropriateness for achieving intended goals. This book challenges the almost universally held belief that (...)
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  46. added 2012-07-18
    A Pragmatic Standard of Legal Validity.John Tyler - 2012 - Dissertation, Texas A7M University
    American jurisprudence currently applies two incompatible validity standards to determine which laws are enforceable. The natural law tradition evaluates validity by an uncertain standard of divine law, and its methodology relies on contradictory views of human reason. Legal positivism, on the other hand, relies on a methodology that commits the analytic fallacy, separates law from its application, and produces an incomplete model of law. These incompatible standards have created a schism in American jurisprudence that impairs the delivery of justice. This (...)
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  47. added 2011-09-05
    Book Review:Anarchy or Government? An Inquiry in Fundamental Politics. William Mackintire Salter. [REVIEW]W. J. Ashley - 1896 - Ethics 6 (3):395-.
  48. added 2011-06-30
    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.
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  49. added 2011-03-15
    Revolutionary Politics and Locke's Two Treatises of Government: Radicalism and Lockean Political Theory.Richard Ashcraft - 1980 - Political Theory 8 (4):429-486.
  50. added 2011-02-26
    The Problem of Authority: Revisiting the Service Conception.Joseph Raz - manuscript
    The problem I have in mind is the problem of the possible justification of subjecting one's will to that of another, and of the normative standing of demands to do so. The account of authority that I offered, many years ago, under the title of the service conception of authority, addressed this issue, and assumed that all other problems regarding authority are subsumed under it. Many found the account implausible. It is thin, relying on very few ideas. It may well (...)
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