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  1. The Relational Conception of Practical Authority.N. P. Adams - forthcoming - Law and Philosophy:1-27.
    I argue for a new conception of practical authority based on an analysis of the relationship between authority and subject. Commands entail a demand for practical deference, which establishes a relationship of hierarchy and vulnerability that involves a variety of signals and commitments. In order for these signals and commitments to be justified, the subject must be under a preexisting duty, the authority’s commands must take precedence over the subject’s judgment regarding fulfillment of that duty, the authority must accept the (...)
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  2. Uncivil Disobedience: Political Commitment and Violence.N. P. Adams - forthcoming - Res Publica:1-17.
    Standard accounts of civil disobedience include nonviolence as a necessary condition. Here I argue that such accounts are mistaken and that civil disobedience can include violence in many aspects, primarily excepting violence directed at other persons. I base this argument on a novel understanding of civil disobedience: the special character of the practice comes from its combination of condemnation of a political practice with an expressed commitment to the political. The commitment to the political is a commitment to engaging with (...)
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  3. Plastic Trees and Gladiators: Liberalism and Aesthetic Regulation.Larry Alexander - 2010 - Legal Theory 16 (2):77-90.
    The hallmark of modern liberalism is its embrace of the Millian harm principle and its antipathy to legal moralism. In this article I consider whether aesthetic regulations can be justified under the harm principle as that principle has been elaborated by Joel Feinberg. I conclude that aesthetic and other regulations that most liberals regard as unproblematic are actually instances of legal moralism.
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  4. Public Goods and Government Action.Jonny Anomaly - 2015 - Politics, Philosophy and Economics 14 (2):109-128.
  5. The Rationality of Voting and Duties of Elected Officials.Marcus Arvan - 2017 - In Emily Crookston, David Killoren & Jonathan Trerise (eds.), Ethics in Politics: The Rights and Obligations of Individual Political Agents. New York, USA: Routledge. pp. 239-253.
    In his recent article in Philosophy and Public Affairs, 'The Paradox of Voting and Ethics of Political Representation', Alexander A. Guerrero argues it is rational to vote because each voter should want candidates they support to have the strongest public mandate possible if elected to office, and because every vote contributes to that mandate. The present paper argues that two of Guerrero's premises require correction, and that when those premises are corrected several provocative but compelling conclusions follow about the rationality (...)
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  6. Why Hobbes Cannot Limit the Leviathan: A Critical Commentary on Larry May's Limiting Leviathan.Marcus Arvan - 2014 - Hobbes Studies 27 (2):171-177.
    This commentary contends that Larry May’s Hobbesian argument for limitations on sovereignty and lawmaking in Limiting Leviathan does not succeed. First, I show that Hobbes begins with a plausible instrumental theory of normativity. Second, I show that Hobbes then attempts, unsuccessfully—by his own lights—to defend a kind of non-instrumental, moral normativity. Thus, I contend, in order to successfully “limit the Leviathan” of the state, the Hobbesian must provide a sound instrumental argument in favor of the sovereign limiting their actions and (...)
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  7. The EU's Democratic Deficit in a Realist Key: Multilateral Governance, Popular Sovereignty, and Critical Responsiveness.Jan Pieter Beetz & Enzo Rossi - forthcoming - Transnational Legal Theory.
    This paper provides a realist analysis of the EU's legitimacy. We propose a modification of Bernard Williams' theory of legitimacy, which we term critical responsiveness. For Williams, 'Basic Legitimation Demand + Modernity = Liberalism'. Drawing on that model, we make three claims. (i) The right side of the equation is insufficiently sensitive to popular sovereignty; (ii) The left side of the equation is best thought of as a 'legitimation story': a non-moralised normative account of how to shore up belief in (...)
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  8. Review of Arthur Ripstein, Force and Freedom. [REVIEW]Andrew Botterell - 2011 - Canadian Journal of Political Science 44:457-458.
    A review of Arthur Ripstein, Force and Freedom: Kant's Legal and Political Philosophy (Harvard University Press, 2009).
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  9. 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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  10. Justice, Legitimacy, and Diversity: Political Authority Between Realism and Moralism.Emanuela Ceva & Enzo Rossi (eds.) - 2012 - Routledge.
    Most contemporary political philosophers take justice—rather than legitimacy—to be the fundamental virtue of political institutions vis-à-vis the challenges of ethical diversity. Justice-driven theorists are primarily concerned with finding mutually acceptable terms to arbitrate the claims of conflicting individuals and groups. Legitimacy-driven theorists, instead, focus on the conditions under which those exercising political authority on an ethically heterogeneous polity are entitled to do so. But what difference would it make to the management of ethical diversity in liberal democratic societies if legitimacy (...)
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  11. Suverenitet U Savremeno Doba.Jovana Ciric - 2008 - Filozofija I Društvo 19 (1):191-216.
    Le sujet de ce texte est le problème des limites et des transformations de la souveraineté nationale aux XXe et XIe siècles, à l'égard de l'association des Etats -Nations aux organisations internationales et aux alliances militaires et à l'égard des phénomènes transnationaux supranationaux et de la mondialisation. L'interdépendance des Etats associés diminue leur indépendance et l'expansion des phénomènes transnationaux échappe au contrôle de l'Etat - Nation. La souveraineté nationale est mise en question et il faut la réexaminer. D'abord nous nous (...)
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  12. The Transfer of Duties: From Individuals to States and Back Again.Stephanie Collins & Holly Lawford-Smith - 2016 - In Michael Brady & Miranda Fricker (eds.), The Epistemic Life of Groups. Oxford University Press. pp. 150-172.
    Individuals sometimes pass their duties on to collectives, which is one way in which collectives can come to have duties. The collective discharges its duties by acting through its members, which involves distributing duties back out to individuals. Individuals put duties in and get (transformed) duties out. In this paper we consider whether (and if so, to what extent) this general account can make sense of states' duties. Do some of the duties we typically take states to have come from (...)
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  13. The Resurgent Idea of World Government.Campbell Craig - 2008 - Ethics and International Affairs 22 (2):133–142.
    The idea of world government is returning to the mainstream of scholarly thinking about international relations. Will the world-government movement become a potent political force, or will it fade away as it did in the late 1940s?
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  14. The Authority’s Coded Discourse.E. A. Degaltseva - 2014 - Liberal Arts in Russia 3 (6):480-484.
    The article is devoted to the formal aspects of the political power. It examines the nature of power on the basis of the analysis of dreams of her media: Russian statesmen of XIXth and early XXth centuries. The relevance of the topic due to the dynamism of a modern political culture, the inability to identify formal sources of legitimacy of authority. The results indicate the mythologization and mystification of power. Components reviewed in historical Retrospect discourses were inherited from the past (...)
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  15. Authority and the Common Good in Democratic Governance.William A. Frank - 2007 - Review of Metaphysics 60 (4):813-832.
  16. Skinner, Quentin.Dustin Garlitz - forthcoming - In Marco Sgarbi (ed.), Encyclopedia of Renaissance Philosophy. Springer.
  17. Dialoghi sulla pace e la libertà.Ludovico Geymonat & Fabio Minazzi - 1992 - Cuen.
  18. Nozick, Prohibition, and No-Fault Motor Insurance.Toby Handfield - 2003 - Journal of Applied Philosophy 20 (2):201–208.
    Is a Nozickian theory of rights compatible with a no-fault motor insurance scheme? I say, Yes. The argument turns on an explication of the basis on which a Nozickian justifies the prohibition of merely risky activities.
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  19. The State.Michael Huemer - 2009 - In John Shand (ed.), Central Issues of Philosophy. Wiley-Blackwell. pp. 257--274.
  20. 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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  21. Topographia Dominium: Property, Divided Sovereignty, and the Spaces of Rule.Chad Kautzer - 2007 - In Gary Backhaus & John Murungi (eds.), Colonial and Global Interfacings: Imperial Hegemonies and Democratizing Resistances,. Cambridge Scholars Press. pp. 57-77.
  22. The Principle of Fairness, Political Duties, and the Benefits Proviso Mistake.Daniel Koltonski - 2016 - Journal of Moral Philosophy 13 (3):265-293.
    Recent debate in the literature on political obligation about the principle of fairness rests on a mistake. Despite the widespread assumption to the contrary, a person can have a duty of fairness to share in the burdens of sustaining some cooperative scheme even though that scheme does not represent a net benefit to her. Recognizing this mistake allows for a resolution of the stalemate between those who argue that the mere receipt of some public good from a scheme can generate (...)
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  23. Morality, Politics, and Law.John-Michael Kuczynski - 2010 - Kendall Hunt Publishing.
    It is argued (a) that laws are assurances of protections of rights and (b) that governments are protectors of rights. Lest those assurances be empty and thus not really be assurances at all, laws must be enforced and governments must therefore have the power to coerce. For this reason, the government of a given region tends to have, as Max Weber put it, a "monopoly on power" in that region. And because governments are power-monopolizers, it is tempting to think that (...)
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  24. Political Anarchism and Raz’s Theory of Authority.Bruno Leipold - 2015 - Res Publica 21 (3):309-329.
    This article argues that using Joseph Raz’s service conception of authority to reject philosophical anarchism can be affected by political anarchism. Whereas philosophical anarchism only denies the authority of the state, political anarchism claims that anarchism is a better alternative to the state. Raz’s theory holds that an institution has authority if it enables people to better conform with reason. I argue that there are cases where anarchism is an existing alternative to the state and better fulfils this condition. Consequently, (...)
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  25. Liberal Foundations of Democratic Authority.Andrew Lister - 2010 - Representation 46 (1):19-34.
    In Democratic Authority, David Estlund argues that decision-procedures are to be judged solely by their tendency to generate morally superior decisions, but that because any relationship of authority must be acceptable to all qualified moral points of view, the epistemic benefits of less equal procedures must be evident beyond qualified objection. If all doctrines involved in political justification must be qualifiedly acceptable, however, the qualified acceptability requirement must itself be acceptable to qualified points of view. This article provides reasons for (...)
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  26. God and Politics in Secular India.Domenic Marbaniang - forthcoming - Journal of the Contemporary Christian.
    The church is separate from the state. Thus, historically, it is seen that even though a government wasn’t secular, God was secular. He didn’t drag religion into politics, but silently did intervene to administer temporal justice and order in the world (i.e. temporal justice in relation to temporal authority). With regard to the church, it doesn’t seem that God is interested in an organized religion at all. Christianity had nothing to do with an external temple. Each Christian is the temple (...)
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  27. Examination of Practices of Ignorance Conducive to Democracy Based on Rancièrian Thought and Rortian Pragmatism.Lev Marder - 2016 - Philosophy and Social Criticism 42 (8):797-814.
    Theorists, who broadly subscribe to Claude Lefort’s characterization of democracy as the dissolution of the markers of certainty, disagree over the proper enactment of democracy. In this article, I consider the possibility of narrowing the gap by attending to the ignorance advocated by each of the two approaches – the disruptive radical route Jacques Rancière describes and the reformist approach of Richard Rorty. I highlight the attributes and shortcomings of the positive link between practices of ignorance and democracy in the (...)
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  28. Occam’s Razor and Non-Voluntarist Accounts of Political Authority.Luke Maring - 2017 - Dialogue 56 (1):159-173.
    Certain non-voluntarists have recently defended political authority by advancing two-part views. First, they argue that the state, or the law, is best (or uniquely) capable of accomplishing something important. Second, they defend a substantive normative principle on which being so situated is sufficient for de jure authority. This paper uses widely accepted tenets to show that all such defenses of authority fail.
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  29. Neither a State of Nature nor a State of Exception.José Jorge Mendoza - 2011 - Radical Philosophy Review 14 (2):187-195.
    Since at least the second half of the 19th century, the U.S. federal government has enjoyed “plenary power” over its immigration policy. Plenary power allows the federal government to regulate immigration free of judicial review and thereby, with regard to immigration cases, minimize the Constitutional protections afforded to non-citizens. The justification for granting the U.S federal government such broad powers comes from a certain understanding of sovereignty; one where limiting sovereign authority in cases like immigration could potentially undermine its legitimacy (...)
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  30. Rethinking Political Obligation: Moral Principles, Communal Ties, Citizenship.Dorota Mokrosinska - 2012 - Palgrave-Macmillan.
    Why obey the state? Dorota Mokrosińska presents a fresh analysis of the most influential theories of political obligation and develops a novel approach to this foundational problem of political philosophy, an intriguing combination of the elements of natural duty and associative theories. The theory of political obligation developed in the book extends the scope of the contemporary debate on political obligation by arguing that political obligation can be binding even under the jurisdiction of unjust states. The arguments pursued in the (...)
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  31. Billy Budd's Song: Authority and Music in the Public Sphere.Jonathan A. Neufeld - 2013 - Opera Quarterly 28 (3-4):172-191.
    While Billy Budd's beauty has often been connected to his innocence and his moral goodness, the significance of the musical character of his beauty—what I will argue is the site of a struggle for political expression—has not been remarked upon by commentators of Melville's novella. It has, however, been deeply explored by Britten's opera. Music has often been situated at, or just beyond, the limits of communication; it has served as a medium of the ineffable, of unsaid and unsayable truths (...)
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  32. Conceptualising ‘Authority’.C. Naomi Osorio-Kupferblum - 2015 - International Journal of Philosophical Studies 23 (2):223-236.
    This paper attempts a conceptualisation of authority intended to be useful across all areas where the concept is relevant. It begins by setting off authority against power, on the one hand, and respect, on the other, and then spells out S1’s authority as consisting in S2’s voluntary action performed in the belief that S1 would approve of it. While this definition should hold for authority generally, a distinction is made between three different kinds of authority according to what grounds them: (...)
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  33. L'Università Fascista di Bologna e Giovanni Gentile. Una conferenza inedita del 1930.Rossano Pancaldi - 2012 - Giornale Critico Della Filosofia Italiana 8 (1):82-124.
    In 1924 the Fascist University was founded in Bologna. This essay reconstructs the foundation of this study centre, its cultural purposes and contacts with the academic world Giovanni Gentile had frequent relations with this cultural centre. On March 9th, 1930 he participated in a crowded lecture making a speech that was to remain unknown. It is published here and analyzed in relation to his complete works and the reactions aroused in Bologna and in the national cultural environments. The essay ends (...)
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  34. The Fascist University of Bologna and Giovanni Gentile, an Unpublished Conference From 1930.Rossano Pancaldi - 2012 - Giornale Critico Della Filosofia Italiana 8 (1):82-124.
    In 1924 the Fascist University was founded in Bologna. This essay reconstructs the foundation of this study centre, its cultural purposes and contacts with the academic world Giovanni Gentile had frequent relations with this cultural centre. On March 9th, 1930 he participated in a crowded lecture making a speech that was to remain unknown. It is published here and analyzed in relation to his complete works and the reactions aroused in Bologna and in the national cultural environments. The essay ends (...)
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  35. On Respect, Authority, and Neutrality: A Response.Joseph Raz - 2010 - Ethics 120 (2):279-301.
  36. State Legitimacy and Self-Defence.Massimo Renzo - 2011 - Law and Philosophy 30 (5):575-601.
  37. Duties of Samaritanism and Political Obligation.Massimo Renzo - 2008 - Legal Theory 14 (3):193–217.
    In this article I criticize a theory of political obligation recently put forward by Christopher Wellman. Wellman's “samaritan theory” grounds both state legitimacy and political obligation in a natural duty to help people in need when this can be done at no unreasonable cost. I argue that this view is not able to account for some important features of the relation between state and citizens that Wellman himself seems to value. My conclusion is that the samaritan theory can only be (...)
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  38. The Grammars of 'Power': Between Contestation and Mediation.Mark Rigstad - 2006 - Theoria 53 (111):108-141.
    In light of the pragmatic aspirations of ordinary language philosophy, this essay critically examines the competing grammatical strictures that are often set forth within the theoretical discourse of 'power'. It repudiates both categorically appraisive employments of 'power' and the antithetical urge to fully operationalize the concept. It offers an attenuated defense of the thesis that 'power' is an essentially contestable concept, but rejects the notion that this linguistic fact stems from conflict between antipodal ideological paradigms. Careful attention to the ordinary (...)
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  39. 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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  40. Reality and Imagination in Political Theory and Practice: On Raymond Geuss’s Realism. [REVIEW]Enzo Rossi - 2010 - European Journal of Political Theory 9 (4):504-512.
    Can political theory be action-guiding without relying on pre-political normative commitments? I answer that question affirmatively by unpacking two related tenets of Raymond Geuss’ political realism: the view that political philosophy should not be a branch of ethics, and the ensuing empirically-informed conception of legitimacy. I argue that the former idea can be made sense of by reference to Hobbes’ account of authorization, and that realist legitimacy can be normatively salient in so far as it stands in the correct relation (...)
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  41. The Philosopher King : An Indian Point of View.Desh Raj Sirswal - 2015 - Sucharitha: A Journal of Philosophy and Religion 3 (01):12-19.
    The celebrated Greek philosopher Plato had dreamed of a philosopher-king to rule his ideal state. Keeping in socratarian tradition Aristotle said in similar way "it is better for a city to be governed by a good man than even by good laws ". According to Plato, “The philosopher is he who has in his mind the perfect pattern of justice, beauty, truth; his is the knowledge of the eternal; he contemplates all time and all existence; no praises are too high (...)
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  42. Political Naturalism and State Authority.Edward Song - 2012 - Journal of Social Philosophy 43 (1):64-77.
    For the political naturalist, skepticism about political obligations only arises because of a basic confusion about the necessity of the state for human well-being. From this perspective, human beings are naturally political animals and cannot flourish outside of political relationships. In this paper, I suggest that this idea can be developed in two basic ways. For the thick naturalist, political institutions are constitutive of the best life. For the thin naturalist, they secure the basic background conditions of peace and stability (...)
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  43. The Pervasive Structure of Society.Tim Syme - forthcoming - Philosophy and Social Criticism.
    What does it mean to say that the demands of justice are institutional rather than individual? Justice is often thought to be directly concerned only with governmental institutions rather than individuals’ everyday, legally permissible actions. This approach has been criticized for ignoring the relevance to justice of informal social norms. This paper defends the idea that justice is distinctively institutional but rejects the primacy of governmental institutions. I argue that the ‘pervasive structure of society’ is the site of justice and (...)
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  44. Basic Challenges for Governance in Emergencies.François Tanguay-Renaud - 2013 - In Alice MacLachlan & C. Allen Speight (eds.), Justice, Responsibility, and Reconciliation in the Wake of Conflict. Springer.
    What are emergencies and why do they matter? In this chapter (in its penultimate version), I seek to outline the morally significant features of the concept of emergency, and demonstrate how these features generate corresponding first- and second-order challenges and responsibilities for those in a position to do something about them. In section A, I contend that emergencies are situations in which there is a risk of serious harm and a need to react urgently if that harm is to be (...)
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  45. Criminalizing the State.François Tanguay-Renaud - 2013 - Criminal Law and Philosophy 7 (2):255-284.
    In this article, I ask whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a focus on the possibility of its domestic criminalization. I proceed by identifying what I take to be the core objections to such criminalization, and then investigate ways in which they can be challenged. First, I address the claim that the state is not a kind of entity that can intelligibly perpetrate domestic criminal wrongs. I argue against it by (...)
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  46. The Servient Character of Political Power According to St. Thomas Aquinas.Pawel Tarasiewicz - 2014 - Studia Gilsoniana 3:399-413.
    The author attempts to justify the thesis of the servient character of political power. By his analyses, he arrives at two conclusions. First, the ultimate goal of service fulfilled by political power should be identical with the natural goal of every human being, meaning a life of virtue. Hence, service to the cause of the citizens’ virtue requires that the fundamental duties of power include the protection of public peace, the promotion of actions towards the common good, and striving for (...)
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  47. A Fair Play Account of Legitimate Political Authority.Justin Tosi - 2017 - Legal Theory 23 (1):55-67.
    There is an emerging consensus among political philosophers that state legitimacy involves something more than—or perhaps other than—political obligation. Yet the principle of fair play, which many take to be a promising basis for political obligation, has been largely absent from discussions of the revised conception of legitimacy. This paper shows how the principle of fair play can generate legitimate political authority by drawing on a neglected feature of the principle—its stipulation that members of a cooperative scheme must reciprocate specifically (...)
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  48. Playing Fair and Following the Rules.Justin Tosi - 2017 - Journal of Moral Philosophy 14 (2):134-141.
    In his paper “Fairness, Political Obligation, and the Justificatory Gap” (published in the Journal of Moral Philosophy), Jiafeng Zhu argues that the principle of fair play cannot require submission to the rules of a cooperative scheme, and that when such submission is required, the requirement is grounded in consent. I propose a better argument for the claim that fair play requires submission to the rules than the one Zhu considers. I also argue that Zhu’s attribution of consent to people commonly (...)
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  49. The Possibility of a Fair Play Account of Legitimacy.Justin Tosi - 2017 - Ratio 30 (1):88-99.
    The philosophical literature on state legitimacy has recently seen a significant conceptual revision. Several philosophers have argued that the state's right to rule is better characterized not as a claim right to obedience, but as a power right. There have been few attempts to show that traditional justifications for the claim right might also be used to justify a power right, and there have been no such attempts involving the principle of fair play, which is widely regarded as the most (...)
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  50. The Morality of State Symbolic Power.George Tsai - 2016 - Social Theory and Practice 42 (2):318-342.
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