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  1. Review of Blake, Michael. Justice, Migration, and Mercy. [REVIEW]Matthew Lister - 2021 - Ethics 131 (3):600-605.
    The following is an unedited/copy edited version of a review to appear in Ethics. if citation is desired, please cite to the published version when it appears (April 2021). -/- For several years Michael Blake has been among the most important contributors to the philosophical literature on immigration. This book is therefore greatly anticipated, and develops a number of fruitful arguments. Although I will argue that the account is unsuccessful or incomplete at key points, it’s clearly an important work of (...)
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  2. Protecting Democracy by Commingling Polities: The Case for Accepting Foreign Influence and Interference in Democratic Processes.Duncan MacIntosh - 2021 - In Duncan B. Hollis & Jens David Ohlin (eds.), Defending Democracies: Combating Foreign Election Interference in a Digital Age. Oxford University Press. pp. 93-114.
    This chapter criticizes several methods of responding to the techniques foreign powers are widely acknowledged to be using to subvert U.S. elections. It suggests that countries do this when they have a legitimate stake in each other’s political deliberations, but no formal voice in them. It also suggests that if they accord each other such a voice, they will engage as co-deliberators with arguments, rather than trying to undermine each other’s deliberative processes; and that this will be salutary for all (...)
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  3. In defense of exclusionary reasons.N. P. Adams - 2021 - Philosophical Studies 178 (1):235-253.
    Exclusionary defeat is Joseph Raz’s proposal for understanding the more complex, layered structure of practical reasoning. Exclusionary reasons are widely appealed to in legal theory and consistently arise in many other areas of philosophy. They have also been subject to a variety of challenges. I propose a new account of exclusionary reasons based on their justificatory role, rejecting Raz’s motivational account and especially contrasting exclusion with undercutting defeat. I explain the appeal and coherence of exclusionary reasons by appeal to commonsense (...)
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  4. Tying Legitimacy to Political Power: Graded Legitimacy Standards for International Institutions.Antoinette Scherz - 2019 - European Journal of Political Theory.
    International institutions have become increasingly important not only in the relations between states, but also for individuals. When are these institutions legitimate? The legitimacy standards fo...
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  5. What Makes Law Coercive When It is Coercive.Lucas Miotto - forthcoming - Archiv Fuer Rechts Und Sozialphilosphie.
    Most legal and political philosophers agree that typical legal systems are coercive. But there is no extant account of what typically makes typical legal systems coercive when they are coercive. This paper presents such an account and compares it with four alternative views. Towards the end I discuss the proposed account’s payoffs. Among other things, I show how it can help us explain what I call ‘comparative judgements’ about coercive legal systems (judgements such as ‘Legal system a is more coercive (...)
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  6. Nation, Nationality, and National Identity: Uses, Misuses, and the Hungarian Case of External Ethnic Citizenship.Zsolt Körtvélyesi - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (3):771-798.
    The article looks at the changing terrain of inclusion and exclusion, through mapping the shifts in Hungarian citizenship law and its political context. More specifically, it deals with the legal aspects of the definitional exercise of belonging to the Hungarian nation, starting with an analysis of the relevant provisions of the 2011 Fundamental Law of Hungary and moving on to assess the phenomenon of external ethnic citizenship. The surrounding political and legal debates are read together with insights from normative scholarship (...)
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  7. Against Philosophical Anarchism.Fabian Wendt - 2020 - Law and Philosophy 39 (5):527-544.
    Philosophical anarchists claim that all states lack political authority and are illegitimate, but that some states are nevertheless morally justified and should not be abolished. I argue that philosophical anarchism is either incoherent or collapses into either statism or political anarchism.
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  8. Representing Agency: An Introduction.Katrin Trüstedt - 2020 - Law and Literature 32 (2):195–206.
    This introduction examines the main premises and terms of the special issue: person, agency, and representation. It argues that representation and agency stand in an internal relation: There is no agent without its personification and no agency without its possible vicarious representation. Yet, personification and representation enable agency only by at the same time complicating the integrity, authority, and presence of the agent. The introduction elucidates the inherent and conflictual relation of representation and agency by means of three early modern (...)
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  9. Totemism of the Modern State: On Hans Kelsen’s Attempt to Unmask Legal and Political Fictions and Contain Political Theology.Arkadiusz Górnisiewicz - 2020 - Ratio Juris 33 (1):49-65.
  10. Zhe Liu (2019): The Case You’re Working on is About Others’ Life. Le Cheng & Xitao Hu - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (1):245-249.
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  11. A Discourse on Recourse: Crime and Punishment.Brian Smithberger - unknown
    Crime takes its toll on any community. Crime does not always make a criminal. Therefore, punishment, once served, should be adequate for reconciliation and not deprive a person of life, liberty, and a remunerable career. Taking an honest look at the system is taking an even more honest look at the self and how it treats other people.
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  12. Prawa człowieka jako warunek możliwości wolności moralnej. Próba ontologicznej analizy wolności politycznej.Alicja Pietras - 2019 - Kultura I Wartości 28 (2019):131-164.
    The aim of the paper is an attempt at ontological analysis of the concept of political freedom (liberty) using the recognition and understanding of the concept of freedom (moral and political, negative and positive) in the history of philosophy. I refer, among others, to three known concepts: (1) Isaiah Berlin's distinction between positive and negative liberty, (2) Hannah Arendt historical analysis related to the distinction between political freedom and freedom of the will (moral freedom), and (3) Nicolai Hartmann's interpretation, criticism, (...)
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  13. Straffens filosofi.Kristoffer Balslev Willert - 2019 - Turbulens 1 (1):1.
  14. Das Band der Gesellschaft.Katerina Mihaylova, Daniela Ringkamp & Simon Bunke - 2015 - Tübingen, Deutschland: Mohr Siebeck.
    The articles contained in this collection look at the displacements, upheavals and dislocations in the traditional definition of obligation as experienced in the 18th and early 19th centuries from the perspective of the humanities and cultural studies. The works in this volume not only focus on Kantian moral philosophy, as the pinnacle of a specific modern development, but also examine the diverse other concepts of obligation and how they were formulated through literature, aesthetics, politics and pedagogy.
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  15. Vernunft Und Verbindlichkeit. Moralische Wahrheit in Dem Natur- Und Völkerrecht der Deutschen Aufklärung.Katerina Mihaylova - 2015 - In Simon Bunke, Katerina Mihaylova & Daniela Ringkamp (eds.), Das Band der Gesellschaft. Tübingen, Deutschland: pp. 59-78.
  16. Soldiers as Public Officials: A Moral Justification for Combatant Immunity.Malcolm Thorburn - 2019 - Ratio Juris 32 (4):395-414.
  17. Choosing Axioms of Correlativity.Andrew Halpin - 2019 - American Journal of Jurisprudence 64 (2):225-258.
    This article explores an axiomatic approach to distinguishing different usages of correlativity and investigates Hurd and Moore’s disagreement with Hohfeldian correlativity, in terms of a choice of axioms. Detailed critical consideration is provided of three negative steps, ascribing theoretical positions to Hohfeld that Hurd and Moore wish to amend or depart from; and three positive steps taken towards vindicating their stated objectives of avoiding moral combat and providing recognition to active rights. The conclusion is reached that the actual state of (...)
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  18. Replying to Halpin and Kramer: Agreements, Disagreements and No-Agreements.Heidi M. Hurd & Michael S. Moore - 2019 - American Journal of Jurisprudence 64 (2):259-274.
    The article considers in detail one criticism of an earlier paper of ours advanced by both Matthew Kramer and Andrew Halpin. This is the criticism that the content of deontic statuses does not shift but is identical in truly correlatively-related deontic statuses. We argue that the content does shift in both our scheme and in Hohfeld's scheme for the logic of rights, and that such shifts are both good things and consistent with correlativity, properly understood. Miscellaneous other criticisms are also (...)
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  19. Introducción a la Metafísica.Samuele Chilovi - forthcoming - In D. Lagier & G. Lariguet (eds.), Filosofía para Juristas. Una Introducción.
  20. Theory of Sovereignty and the Body Politic in Modern and Contemporary Political Thought.Valerio Fabbrizi - 2018 - Philosophica Critica 4 (1):3-19.
    The purpose of this article is to investigate one of the most interesting and debated issues within the philosophical dis-cussion about politics: the metaphor of the body politic and its relation with the theory of sovereignty in contemporary political theory. After an opening section, which proposes a brief sketch about the origin of the body politic within phi-losophy (especially in Plato’s and Aristotle’s contributions), the article provides a theoretical insight of such a theory, by dealing with three of its definitions: (...)
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  21. The Public Power of Judgement: Reasonableness Versus Rationality—Setting the Ball Rolling.Karolina M. Cern, José Manuel Aroso Linhares & Bartosz Wojciechowski - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (1):3-15.
    The chief concern of the paper is to initiate discussion on the difference between the private and public power of judgement. The inspiration comes from Kant and his conception of the power of judgement, customs, morality and provisional law.
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  22. How Reflective and Critical Norm-Usage Paves the Way to the Public Power of Judgement.Karolina M. Cern - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (1):175-188.
    The purpose of this paper is to demonstrate that Neil MacCormick’s conception of norm-usage makes it necessary to address the concept of the public power of judgement as the key concept for understanding the democratic legitimization of current law. Therefore, firstly I analyse MacCormick’s conception of norm-usage, secondly I demonstrate that it leads to the idea of the institutionalisation of judgemental–interpretative practice, and thirdly, I show that the latter paves the way to the public power of judgement. Finally, I argue (...)
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  23. Virtue Ethics, Criminal Responsibility, and Dominic Ongwen.Renée Nicole Souris - 2019 - International Criminal Law Review 19 (3).
    In this article, I contribute to the debate between two philosophical traditions—the Kantian and the Aristotelian—on the requirements of criminal responsibility and the grounds for excuse by taking this debate to a new context: international criminal law. After laying out broadly Kantian and Aristotelian conceptions of criminal responsibility, I defend a quasi-Aristotelian conception, which affords a central role to moral development, and especially to the development of moral perception, for international criminal law. I show than an implication of this view (...)
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  24. Is the ‘Hate’ in Hate Speech the ‘Hate’ in Hate Crime? Waldron and Dworkin on Political Legitimacy.Rebecca Ruth Gould - 2019 - Jurisprudence 10 (2):171-187.
    Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequ...
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  25. Legal Facts and Reasons for Action: Between Deflationary and Robust Conceptions of Law’s Reason-Giving Capacity.Noam Gur - 2019 - In Frederick Schauer, Christoph Bezemek & Nicoletta Bersier Ladavac (eds.), The Normative Force of the Factual: Legal Philosophy Between is and Ought. Springer Verlag. pp. 151-170.
    This chapter considers whether legal requirements can constitute reasons for action independently of the merits of the requirement at hand. While jurisprudential opinion on this question is far from uniform, sceptical views are becoming increasingly dominant. Such views typically contend that, while the law can be indicative of pre-existing reasons, or can trigger pre-existing reasons into operation, it cannot constitute new reasons. This chapter offers support to a somewhat less sceptical position, according to which the fact that a legal requirement (...)
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  26. The Constitution of Authority. [REVIEW]Michael Sevel - 2014 - Jurisprudence 5 (2):430-441.
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  27. On the Ground and Content of Our Obligations to Future Generations: A Review of Alex Gosseries and Luke H Meyer (Eds), Intergenerational Justice by Sylvie Loriaux. [REVIEW]Sylvie Loriaux - 2012 - Jurisprudence 3 (1):263-266.
  28. An Acquittal for Epistemicism.Hesam Mohamadi - 2018 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 31 (4):905-928.
    Scott Soames argues that consideration of the practice of legal judgement gives us good reason to favor the partial-definition/context-sensitive theory of vagueness against epistemicism. Despite the fact that the value of power-delegation through vagueness is evidenced in practice, Soames says, epistemicism cannot account for it theoretically, while the partial-definition/context-sensitive theory is capable of it. In this paper, I examine the two possible arguments against epistemicism that can be extracted from Soames’s account: (i) an argument based on unknown obligations, and (ii) (...)
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  29. El filósofo, el legislador, y el sistema.A. Rábanos Julieta - 2017 - Revus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 1.
    El objetivo del presente trabajo es sugerir que las cuestiones centrales relacionadas con el legislador no fueron abordadas en profundidad por Bulygin en el marco de su prolífica obra, conduciendo así a algunas inconsistencias internas en su pensamiento. Me propongo sugerir, específicamente, que: i) el ideal de sistema jurídico que sostiene en Normative Systems parece estar basado en el ideal del legislador racional; ii) el análisis de las lagunas normativas para Bulygin es dependiente de la existencia de un recorte en (...)
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  30. Morality Under Risk.Chad Lee-Stronach - 2019 - Dissertation,
    Many argue that absolutist moral theories -- those that prohibit particular kinds of actions or trade-offs under all circumstances -- cannot adequately account for the permissibility of risky actions. In this dissertation, I defend various versions of absolutism against this critique, using overlooked resources from formal decision theory. Against the prevailing view, I argue that almost all absolutist moral theories can give systematic and plausible verdicts about what to do in risky cases. In doing so, I show that critics have (...)
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  31. Justifying Resistance to Immigration Law: The Case of Mere Noncompliance.Caleb Yong - 2018 - Canadian Journal of Law and Jurisprudence 2 (31):459-481.
    Constitutional democracies unilaterally enact the laws that regulate immigration to their territories. When are would-be migrants to a constitutional democracy morally justified in breaching such laws? Receiving states also typically enact laws that require their existing citizens to participate in the implementation of immigration restrictions. When are the individual citizens of a constitutional democracy morally justified in breaching such laws? In this article, I take up these questions concerning the justifiability of noncompliance with immigration law, focusing on the case of (...)
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  32. Book ReviewsChristopher Heath Wellman,, and A. John Simmons,. Is There a Duty to Obey the Law? Cambridge: Cambridge University Press, 2005. Pp. 200. $50.00 ; $18.99. [REVIEW]Richard Dagger - 2007 - Ethics 118 (1):184-188.
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  33. Book ReviewsWilliam A., Ed. Edmundson, The Duty to Obey the Law: Selected Philosophical Readings. Lanham, Md.: Rowman & Littlefield, 1999. Pp. X+352. $74.95 ; $23.95. [REVIEW]Christopher Roberson - 2002 - Ethics 112 (3):614-616.
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  34. What Does ‘Legal Obligation’ Mean?Daniel Wodak - 2018 - Pacific Philosophical Quarterly 99 (4):790-816.
    What do normative terms like “obligation” mean in legal contexts? On one view, which H.L.A. Hart may have endorsed, “obligation” is ambiguous in moral and legal contexts. On another, which is dominant in jurisprudence, “obligation” has a distinctively moralized meaning in legal contexts. On a third view, which is often endorsed in philosophy of language, “obligation” has a generic meaning in moral and legal con- texts. After making the nature of and disagreements between these views precise, I show how linguistic (...)
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  35. Obligation and Impersonality: Wittgenstein and the Nature of the Social.Albert Ogien - 2016 - Philosophy of the Social Sciences 46 (6):604-623.
    Although sociologists conceive obligation as an objective force that compels individuals to act and think according to pre-defined norms of conduct and ways of reasoning, philosophers view it as an imperative that is met through the agent’s deliberation. The aim of this article is to undermine the standard dichotomy between the deterministically sociological and the moral–philosophical views of obligation by way of contending that Wittgenstein’s view on blind obedience bears a conception of the social. I will then argue that Wittgenstein’s (...)
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  36. II. Illegal Actions, Universal Maxims, and the Duty To Obey the Law: The Case for Civil Authority in the Crito.Daniel M. Farrell - 1978 - Political Theory 6 (2):173-189.
  37. Disobedience, Civil and Otherwise.Candice Delmas - 2017 - Criminal Law and Philosophy 11 (1):195-211.
    While philosophers usually agree that there is room for civil disobedience in democratic societies, they disagree as to the proper justification and role of civil disobedience. The field has so far been divided into two camps—the liberal approach on the one hand, which associates the justification and role of civil disobedience with the good of justice, and the democratic approach on the other, which connects them with the value and good of democracy. William Smith’s Civil Disobedience and Deliberative Democracy offers (...)
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  38. Democratic Authority and Respect for the Law.Harrison Frye & George Klosko - 2017 - Law and Philosophy 36 (1):1-23.
    In recent years, scholars have argued that democratic provenance of law establishes moral requirements to obey it. We argue against this view, claiming that, rather than establishing moral requirements to obey the law, democratic provenance grounds only requirements to respect it. Establishing what we view as this more plausible account makes clear not only exactly what democracy itself contributes to requirements to obey the law but also important difficulties proponents of democratic authority must overcome in order successfully to make their (...)
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  39. Virtue Ethics, Politics, and the Function of Laws: The Parent Analogy in Plato’s Menexenus.Sandrine Berges - 2007 - Dialogue 46 (2):211-230.
    ABSTRACT Can virtue ethics say anything worthwhile about laws? What would a virtue-ethical account of good laws look like? I argue that a plausible answer to that question can be found in Plato's parent analogies in the Crito and the Menexenus. I go on to show that the Menexenus gives us a philosophical argument to the effect that laws are just only if they enable citizens to flourish. I then argue that the resulting virtue-ethical account of just laws is not (...)
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  40. Obligation to Obey the Law: Substance and Procedure in the Thought of Lon Fuller.Robert C. L. Moffat - 1983 - International Journal of Applied Philosophy 1 (4):33-49.
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  41. Coercion and Obligation as Exercises of Authority.Steve Coyne - 2016 - Jurisprudence 7 (3):575-592.
    How do exercises of authority different from requests, threats and advice? It is common to answer this question by emphasising the role of obligation, or the role of justified coercion, to the exclusion of the other. Using a distinction between an office of authority and an exercise of authority, I develop a taxonomy of such views of authority and present arguments against each of them. In place of these views, I argue for a symmetrical view of obligation and coercion within (...)
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  42. The Presumption of Liberty and the Coerciveness of the State.Cindy Phillips - 2016 - Jurisprudence 7 (3):557-574.
    A dominant belief in political philosophy is that states must be entitled to authorize the use of coercion in order to justifiably coerce its subjects. Call this view the entitlement view. On this view, for a state to justifiably coerce its subjects, a necessary condition is that it is entitled to authorize the use of coercion. Sceptics hold the entitlement view. However, they deny that states are entitled to authorize the use of coercion. This denial informs their views regarding the (...)
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  43. How Democratic is Civil Disobedience?Daniel Weinstock - 2016 - Criminal Law and Philosophy 10 (4):707-720.
    In her book, Conscience and Conviction, Kimberley Brownlee argues that there is nothing undemocratic about the robust, primary right to civil disobedience that she devotes most of her argument to defending. To the contrary, she holds that there is nothing paternalistic about civil disobedients opposing the will of democratic majorities, because, inter alia, democratic majorities cannot claim particular epistemic superiority, and because there are flaws inherent to democratic procedures that civil disobedience addresses. I hold that Brownlee’s arguments fail. In particular, (...)
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  44. The Justification of Governmental Authority.Kurt Baier - 1972 - Journal of Philosophy 69 (20):700.
  45. The Objective Character of Legal "Intent.".J. F. Dashiell - 1931 - Psychological Review 38 (6):529-537.
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  46. Law and Authority in British Legal History, 1200–1900.Mark Godfrey (ed.) - 2016 - Cambridge University Press.
    By presenting original research into British legal history, this volume emphasises the historical shaping of the law by ideas of authority. The essays offer perspectives upon the way that ideas of authority underpinned the conceptualisation and interpretation of legal sources over time and became embedded in legal institutions. The contributors explore the basis of the authority of particular sources of law, such as legislation or court judgments, and highlight how this was affected by shifting ideas relating to concepts of sovereignty, (...)
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  47. Renzo's Attempt to Ground State Legitimacy on a Right to Self‐Defence, and the Uselessness of Political Obligation.Uwe Steinhoff - 2016 - Ratio Juris 29 (1):122-135.
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  48. Duties of Samaritanism and Political Obligation.Massimo Renzo - 2008 - Legal Theory 14 (4):310-310.
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  49. Climate Change and Justice: A Non-Welfarist Treaty Negotiation Framework.Alyssa R. Bernstein - 2015 - Ethics, Policy and Environment 18 (2):123-145.
    Obstacles to achieving a global climate treaty include disagreements about questions of justice raised by the UNFCCC's principle that countries should respond to climate change by taking cooperative action "in accordance with their common but differentiated responsibilities and respective capabilities and their social and economic conditions". Aiming to circumvent such disagreements, Climate Change Justice authors Eric Posner and David Weisbach argue against shaping treaty proposals according to requirements of either distributive or corrective justice. The USA's climate envoy, Todd Stern, takes (...)
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  50. Foundational Myths and Actual Challenges: What is Political Exclusion About?Mariano Croce - 2015 - Jurisprudence 6 (3):644-650.
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