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  1. Private Property and the Possibility of Consent. Immanuel Kant and Social Contract Theory.Alice Pinheiro Walla - forthcoming - In Larry Krasnoff, Nuria Sánchez Madrid & Paula Satne (eds.), Kant's Doctrine of Right in the 21st Century. University of Wales Press.
  2. Policing, Brutality, and the Demands of Justice.Luke William Hunt - 2021 - Criminal Justice Ethics 40 (1):1-16.
    Why does institutional police brutality continue so brazenly? Criminologists and other social scientists typically theorize about the causes of such violence, but less attention is given to normative questions regarding the demands of justice. Some philosophers have taken a teleological approach, arguing that social institutions such as the police exist to realize collective ends and goods based upon the idea of collective moral responsibility. Others have approached normative questions in policing from a more explicit social-contract perspective, suggesting that legitimacy is (...)
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  3. The Police Identity Crisis – Hero, Warrior, Guardian, Algorithm.Luke William Hunt - 2021 - New York, NY, USA: Routledge.
    This book provides a comprehensive examination of the police role from within a broader philosophical context. Contending that the police are in the midst of an identity crisis that exacerbates unjustified law enforcement tactics, Luke William Hunt examines various major conceptions of the police—those seeing them as heroes, warriors, and guardians. The book looks at the police role considering the overarching societal goal of justice and seeks to present a synthetic theory that draws upon history, law, society, psychology, and philosophy. (...)
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  4. Sovereignty and the New Executive Authority.Claire Oakes Finkelstein & Michael Skerker (eds.) - 2019 - Oxford University Press.
  5. The Retrieval of Liberalism in Policing.Luke William Hunt - 2019 - New York, NY, USA: Oxford University Press.
    There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in which (...)
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  6. Ice Cube and the Philosophical Foundations of Community Policing.Luke William Hunt - 2019 - Oxford University Press Blog.
    Essay on police legitimacy through public reason and community policing.
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  7. Consent by Residence: A Defense.Stephen Puryear - 2019 - European Journal of Political Theory 1:1-18.
    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 (...)
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  8. Must Politics Be War?: Restoring Our Trust in the Open Society.Kevin Vallier - 2019 - New York, NY, USA: Oxford University Press.
    Americans today are far less likely to trust their institutions, and each other, than in decades past. This collapse in social and political trust arguably fuels our increasingly ferocious ideological conflicts and hardened partisanship. Many believe that our previously high levels of trust and bipartisanship were a pleasant anomaly and that we now live under the historic norm. Seen this way, politics itself is nothing more than a power struggle between groups with irreconcilable aims: contemporary American politics is war because (...)
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  9. Social Contract Theory for a Diverse World: Beyond Tolerance.Ryan Muldoon - 2016 - Routledge.
    Very diverse societies pose real problems for Rawlsian models of public reason. This is for two reasons: first, public reason is unable accommodate diverse perspectives in determining a regulative ideal. Second, regulative ideals are unable to respond to social change. While models based on public reason focus on the justification of principles, this book suggests that we need to orient our normative theories more toward discovery and experimentation. The book develops a unique approach to social contract theory that focuses on (...)
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  10. In Defence of Intelligible Reasons in Public Justification.Kevin Vallier - 2016 - Philosophical Quarterly 66 (264):596-616.
    Mainstream political liberalism holds that legal coercion is permissible only if it is based on reasons that all can share, access or accept. But these requirements are subject to well-known problems. I articulate and defend an intelligible reasons requirement as an alternative. An intelligible reason is a reason that all suitably idealized members of the public can see as a reason for the person who offers it according to that person’s own evaluative standards. It thereby permits reasons into public justification (...)
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  11. Is Rawls Really a Kantian Contractarian?Baldwin Wong - 2016 - Public Reason 8 (1-2).
    In most of the introductions to Rawls and contemporary contractarianism, Rawls is seen as the representative of Kantian contractarianism. He is understood as inheriting a contractarian tradition that can be traced back to Kant and which has inspired followers such as Barry and Scanlon. This paper argues that the label does not fit Rawls. While a Kantian contractarian would presuppose a monistic conception of practical reason, Rawls is a hybrid contractarian who presupposes a dual conception. I shall first argue that (...)
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  12. Nicholas Southwood: Contractualism and the Foundations of Morality: Oxford: Oxford University Press, 2013, Paperback Edition, 222 Pages € 49,76.Michele Bocchiola - 2015 - Ethical Theory and Moral Practice 18 (4):873-875.
    In the contemporary philosophical debate, there are two opposing contractualist views. On the one side, Hobbesian contractualisms take moral principles as side-constraints to redress the failures of the interaction among self-interested individuals. On the other, Kantian versions of the social contract ground morality on an impartial and moralized viewpoint. In his recent Contractualism and the Foundations of Morality, Nicholas Southwood proposes a third and novel form of contractualism, with the aim to overcome the “implausibly personal and partial characterization of the (...)
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  13. Le désir dans l’approche contractualiste hobbesienne.Marc-Kevin Daoust - 2015 - In Daoust Marc-Kevin (ed.), Le désir et la philosophie. Les Cahiers D'Ithaque. pp. 97-109.
    Ce bref commentaire a trois objectifs. La première section vise à présenter au lecteur la philosophie matérialiste et atomiste de Hobbes. Dans la seconde section, nous exposons le rôle des désirs dans l’escalade du conflit entre les agents dans l’état de nature. Au terme de cette analyse, le lecteur disposera de quelques clés interprétatives pour aborder les chapitres VI et XIII du Léviathan.
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  14. What’s Wrong with Inequality? Some Rousseauian Perspectives.Robin Douglass - 2015 - European Journal of Political Theory 14 (3):368-377.
    In this article, I review Frederick Neuhouser’s latest book, Rousseau’s Critique of Inequality, while critically assessing the legacy of Rousseau’s ideas on inequality and amour-propre for contemporary political philosophy. I challenge the widely held notion that the account of equality set out in the Social Contract should be read as a remedy to the problems generated by amour-propre, and suggest that we have to turn to Rousseau’s other writings to reconstruct his own political remedies for these problems. I then draw (...)
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  15. From Indignation to Norms Against Violence in Occupy Geneva: A Case Study for the Problem of the Emergence of Norms.Frédéric Minner - 2015 - Social Science Information 54 (4):497-524.
    Why and how do norms emerge? Which norms emerge and why these ones in particular? Such questions belong to the ‘problem of the emergence of norms’, which consists of an inquiry into the production of norms in social collectives. I address this question through the ethnographic study of the emergence of ‘norms against violence’ in the political collective Occupy Geneva. I do this, first, empirically, with the analysis of my field observations; and, second, theoretically, by discussing my findings. In consequence (...)
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  16. Contractualism, Politics, and Morality.Adam Hosein - 2013 - Acta Analytica 28 (4):495-508.
    Rawls developed a contractualist theory of social justice and Scanlon attempted to extend the Rawlsian framework to develop a theory of rightness, or morality more generally. I argue that there are some good reasons to adopt a contractualist theory of social justice, but that it is a mistake to adopt a contractualist theory of rightness. I begin by illustrating the major shared features of Scanlon and Rawls’ theories. I then show that the justification for these features in Rawls’ theory, the (...)
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  17. In Search of the Reason and the Right—Rousseau’s Social Contract as a Thought Experiment.Nenad Miscevic - 2013 - Acta Analytica 28 (4):509-526.
    For Rousseau, social contract is a hypothetical one; the paper claims that it is, in contemporary terms, a political thought-experiment (TE). The abductive way of thinking, looking for the best normative pattern in the data, finds its counterpart in the historical abduction in the Second Discourse; the analogy between the two secures the methodological unity of Rousseau’s political philosophy. The proposed reading of the work as a TE shows that it fulfills the necessary requirements put by (hopefully) intuitively acceptable definition (...)
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  18. Social Contract Approaches.Samuel Freeman - 2012 - In David Estlund (ed.), The Oxford Handbook of Political Philosophy. Oxford University Press, Usa. pp. 133.
  19. Much Ado About Nothing?: Barry, Justice and Animals.Robert Garner - 2012 - Critical Review of International Social and Political Philosophy 15 (3):363-376.
    This article examines the extent to which Brian Barry?s contractarian political theory ? justice as impartiality ? is able to incorporate the interests of animals. Despite the initial optimism that Barry might provide a theory of justice that can provide substantial protection for the interests of animals, it is clear that he offers relatively little. Insofar as animals can be protected within justice as impartiality, they are not being protected as a result of their intrinsic value, but merely as one, (...)
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  20. 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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  21. 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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  22. The Place of Comprehensive Doctrines in Political Liberalism: On Some Common Misgivings About the Subject and Function of the Overlapping Consensus.Enrico Zoffoli - 2012 - Res Publica 18 (4):351-366.
    In this paper I argue that Rawlsians have largely misunderstood the idea of an overlapping consensus of reasonable comprehensive doctrines, thereby failing to delineate in an appropriate way the place of comprehensive doctrines in political liberalism. My argument rests on two core claims. The first claim is that (i) political liberalism is committed to three theses about the overlapping consensus. The first thesis concerns the subject of the overlapping consensus; the second thesis concerns the function of the overlapping consensus; the (...)
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  23. Rights Within the Social Contract : Rousseau on Punishment.Corey Brettschneider - 2011 - In Austin Sarat, Lawrence Douglas & Martha Merrill Umphrey (eds.), Law as Punishment/Law as Regulation. Stanford Law Books.
    This chapter argues that the same logic that imbues the state with the legitimate authority to punish also imposes restraints on that authority. It suggests that scholarship on punishment puts more emphasis on the political legitimacy of state punishment rather than on the moral question of what is deserved by criminals. It turns to Rousseau's social contract based justification for punishment as a crucial resource in that effort. It begins by closely examining Rousseau's claim that the criminal consents to punishment, (...)
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  24. Contemporary Approaches to the Social Contract.Fred D'Agostino, John Thrasher & Gerald Gaus - 2011 - Stanford Encyclopedia of Philosophy.
  25. 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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  26. Ordered Anarchy and Contractarianism.Anthony de Jasay - 2010 - Philosophy 85 (3):399 - 403.
    In a recent essay Robert Sugden sets out his view that two foundational institutions of the social order, the convention and the social contract (at least in one variant of the latter) are compatible and that therefore it is not self-contradictory to be a Humean and a contractarian at the same time.¹ The proposition, despite appearances, has greater practical importance than most other doctrinal ones tend to do for if widely conceded, it would render current political thought even more woolly (...)
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  27. 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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  28. Hobbesian Absolutism and the Paradox of Modern Contractarianism.Deborah Baumgold - 2009 - European Journal of Political Theory 8 (2):207-228.
    Hobbes's defense of absolutism involves the dual claims that consent is the foundation of legitimate authority and that sovereignty is necessarily absolute. It is a paradoxical combination of claims: If absolute government is the product of choice how can it also be the sole possible constitution? While all of Hobbes's contractarian successors have rejected his preference for absolutism, his dual claims have become commonplace. Since Hobbes, contract thinkers routinely assert that people will choose their preferred constitution and that it is (...)
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  29. Not So Novus an Ordo.Jacob T. Levy - 2009 - Political Theory 37 (2):191-217.
    Social contract theory imagines political societies as resting on a fundamental agreement, adopted at a discrete moment in hypothetical time, that binds individual persons together into a polity and sets fundamental rules regarding that polity's structure and powers. Written constitutions, adopted at real moments in historical time, dictating governmental structures, bounding governmental powers, and entrenching individual rights, look temptingly like social contracts reified. Yet something essential is lost in this slippage between social contract theory and the practice of constitutionalism. Contractarian (...)
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  30. Justice and the Social Contract: Essays on Rawlsian Political Philosophy - by Samuel Freeman.Michael Howard - 2008 - Philosophical Books 49 (1):81-83.
  31. Review of Samuel Freeman, Justice and the Social Contract: Essays on Rawlsian Political Philosophy[REVIEW]Paul Weithman - 2007 - Notre Dame Philosophical Reviews 2007 (7).
  32. Justice and the Social Contract: Essays on Rawisian Political Philosophy.Samuel Freeman - 2006 - Oxford University Press USA.
    Samuel Freeman was a student of the influential philosopher John Rawls, he has edited numerous books dedicated to Rawls' work and is arguably Rawls' foremost interpreter. This volume collects new and previously published articles by Freeman on Rawls. Among other things, Freeman places Rawls within historical context in the social contract tradition, and thoughtfully addresses criticisms of this position. Not only is Freeman a leading authority on Rawls, but he is an excellent thinker in his own right, and these articles (...)
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  33. Rousseau: The Sentiment of Existence.David Gauthier - 2006 - Cambridge University Press.
    Rousseau is often portrayed as an educational and social reformer whose aim was to increase individual freedom. In this volume David Gauthier examines Rousseau's evolving notion of freedom, where he focuses on a single quest: can freedom and the independent self be regained? Rousseau's first answer is given in Emile, where he seeks to create a self-sufficient individual, neither materially nor psychologically enslaved to others. His second is in the Social Contract, where he seeks to create a citizen who identifies (...)
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  34. Rawlsian Social-Contract Theory and the Severely Disabled.Henry S. Richardson - 2006 - The Journal of Ethics 10 (4):419-462.
    Martha Nussbaum has powerfully argued in Frontiers ofJustice and elsewhere that John Rawls’s sort of social-contract theory cannot usefully be deployed to deal with issues pertaining to justice for the disabled. To counter this claim, this article deploys Rawls’s sort of social-contract theory in order to deal with issues pertaining to justice for the disabled—or, since, as Nussbaum stresses, we all have some degree of disability—for the severely disabled. In this way, rather than questioning one by one Nussbaum’s interpretive claims (...)
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  35. A Paradox of Sovereignty in Rousseau's Social Contract.Matthew Simpson - 2006 - Journal of Moral Philosophy 3 (1):45-56.
    One unique part of Rousseau's Social Contract is his argument that a just society must have a specific constitutional arrangement of powers centred around what he calls the Sovereign and the Prince. This makes his philosophy different from other contractualists, such as Hobbes and Locke, who think that the principles of good government are compatible with any number of institutional structures. Rousseau's constitutional theory is thus significant in a way that has no parallel in Hobbes or Locke. More to the (...)
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  36. Routledge Philosophy Guidebook to Rousseau and The Social Contract (Review).Matthew Simpson - 2005 - Journal of the History of Philosophy 43 (3):364-364.
    Matthew Simpson - Routledge Philosophy Guidebook to Rousseau and The Social Contract - Journal of the History of Philosophy 43:3 Journal of the History of Philosophy 43.3 364 Christopher Bertram. Routledge Philosophy Guidebook to Rousseau and The Social Contract. London: Routledge, 2004. Pp. ix + 214. Paper, $15.95. The main problem with the interpretation of Rousseau's political thought today is that his theories rarely fit into the categories that define contemporary philosophy. He was neither a liberal nor a communitarian, neither (...)
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  37. A Moral Contractualist Defense of Political Obligation.David B. Lefkowitz - 2003 - Dissertation, University of Maryland, College Park
    Do citizens of any modern state have a general duty to acknowledge its authority to determine for them, for action guiding purposes, whether certain kinds of conduct are morally permissible, required, or forbidden? That is, is there a duty to obey the law? Moral Contractualism, I contend, entails that citizens of a liberal democratic state have such a duty. ;Treating others morally often requires agents to act collectively, but even agents who accept the moral necessity of collective action will sometimes (...)
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  38. The Morality of Risking: On the Normative Foundations of Risk Regulation.John Fredrick Karl Oberdiek - 2003 - Dissertation, University of Pennsylvania
    Risk permeates people's lives, and yet the normative dimensions of risk have been largely unexamined by philosophers. The nature and moral significance of risk and the standards governing morally permissible risking are all topics that are owed careful study. In this dissertation, I use the tools of moral and legal philosophy to explicate the morality of risking, focusing on institutional actors such as government agencies, which as a matter of course regulate risk. I begin, in the first chapter, by exploring (...)
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  39. Contractarianism / Contractualism.Stephen Darwell (ed.) - 2002 - Wiley-Blackwell.
    _ _ _Contractualism/Contractarianism_ collects, for the first time, both major classical sources and central contemporary discussions of these important approaches to philosophical ethics. Edited and introduced by Stephen Darwall, these readings are essential for anyone interested in normative ethics. With a helpful introduction by Stephen Darwall, examines key topics in the contractarian and contractualist moral theory. Includes six contemporary essays which respond to the classic sources. Includes an insightful discussion of contractualism by Gary Watson. Includes classic excerpts by key figures (...)
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  40. Ethnocentrism, Social Contract Liberalism and Positivistic-Conservatism: Rorty's Three Theses on Politics.Justin Cruickshank - 2000 - Res Publica 6 (1):1-23.
    In this article I argue that Rorty has three separatearguments for liberalism. The pragmatic-ethnocentric argument for liberalism,as a system which works for `us liberals'', is rejectedfor entailing relativism. The social contract argument results in an extreme formof individualism. This renders politics redundantbecause there is no need for the (liberal) state toprotect poetic individuals, who are capable ofdefending themselves. Even if the less able areharmed, the state could not prevent this, givenRorty''s arguments about discursive enrichment withina language game. Finally, the positivistic-conservative (...)
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  41. Agreement in Social Contract Theories: Locke Vs. Rawls.Simon Cushing - 1998 - Social Philosophy Today 13:349-371.
  42. Reason, Politics, and Contractualism.Thaddeus Metz - 1998 - Inquiry: Critical Thinking Across the Disciplines 18 (1):61-72.
  43. Kant's Purported Social Contract and the Death Penalty.Vernon Thomas Sarver - 1997 - Journal of Value Inquiry 31 (4):455-472.
  44. The General Will and the Legislator in Rousseau’s on the Social Contract.Stuart Dalton - 1996 - Southwest Philosophy Review 12 (2):85-97.
  45. BARRY, BRIAN Justice as Impartiality. [REVIEW]Antony Flew - 1995 - Philosophy 70:603.
  46. Perfectionism, Politics and the Social Contract: Rawls and Cavell on Justice.Stephen Mulhall - 1994 - Journal of Political Philosophy 2 (3):222–239.
  47. BARRY, BRIAN A Treatise on Social Justice, Vol. 1: Theories of Justice. [REVIEW]Nevil Johnson - 1990 - Philosophy 65:375.
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  48. A Treatise of Social Justice, Vol. I: Theories of Justice.Thomas W. Pogge - 1990 - Journal of Philosophy 87 (7):375-384.
  49. Kant on Property Rights and the Social Contract.Kenneth Baynes - 1989 - The Monist 72 (3):433-453.
    For all contract theorists, including Kant, political legitimacy is based upon the consent of the governed. The differences amongst them begin to emerge when we inquire into the motivations and considerations which lead up to the agreement. For Kant, consent to the social contract is not based upon considerations of rational self-interest or prudence, nor upon a natural right to self-preservation and the guarantee of absolute property rights, but upon a moral obligation to institutionalize and make peremptory in a social (...)
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  50. Jean Hampton, "Hobbes and the Social Contract Tradition". [REVIEW]Paul Russell - 1989 - Journal of the History of Philosophy 27 (4):620.
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