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  1. Political Obligation and the Particularity Problem: A Note on Markie.Uwe Steinhoff - manuscript
    P.J. Markie tries to solve the so-called particularity problem of natural duty accounts of political obligation, a problem which seems to make natural duty accounts implausible. I argue that Markie at best “dissolves” the problem: while his own natural duty account of political obligation still does not succeed in ensuring particularity, this is not an implausible but an entirely plausible implication of his account, thanks to the weakness of his concept of political obligation. The price for this, however, is that (...)
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  2. Political Obligation.Richard Dagger - unknown - Stanford Encyclopedia of Philosophy.
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  3. Political Obligation.Author unknown - manuscript
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  4. Assessing Dworkin's New Theory of Political Obligation.Timothy Shiell - unknown - Proceedings of the Heraclitean Society 15.
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  5. People Engaging with Justice: Petitions to the Scottish Parliament.Ruth Breeze - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-24.
    When the new Scottish Parliament was established through the Scotland Act of 1998, various innovative steps were taken to guarantee greater public participation in political processes. One of these measures, the Scottish e-petitioning system, provides a vehicle for interested citizens to petition the parliament directly on matters of public interest. This article examines all the e-petitions submitted since September 2011 in the area of Justice and Law, establishing how petitioners convey their own motivation for taking this step, and how Scottish (...)
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  6. Response Retributivism: Defending the Duty to Punish.Leora Dahan Katz - forthcoming - Law and Philosophy:1-31.
    This paper offers a response retributive theory of punishment, taking the role of the punisher as well as the relations between the parties to punishment to be central to retributive justification. It proposes that punishment is justified in terms of the ethics of appropriate response, and more precisely, in terms of the duty agents have to dissociate from the devaluation inherent in the culpable wrongdoing of others. The paper demonstrates that on such account, while the harm and suffering involved in (...)
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  7. Citizenship and Obligation.Pavlos Eleftheriadis - forthcoming - In Julie Dickson & Pavlos Eleftheriadis (eds.), Philosophical Foundations of European Union Law. Oxford University Press.
    Many political philosophers believe that we owe moral obligations to our political communities simply because we are asked. We are, for example to pay taxes, or serve in the army whenever we are demanded to do so by the competent authorities or agencies. Can such moral obligations be created by European Union institutions? This essay discusses the natural duty of justice to support just or nearly just political institutions as defended by John Rawls and Jeremy Waldron. It suggests that European (...)
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  8. Toying with the Law: Deleuze, Lacan and the Promise of Perversion.Kai Heron - forthcoming - European Journal of Political Theory.
    This article proposes that Deleuze’s psychoanalytically inspired theory of humour and irony provides an underappreciated way to theorize acts of resistance that adopt a structurally perverse positi...
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  9. Review: Michael Huemer, The Problem of Political Authority: An Examination of the Right to Coerce and the Duty to Obey. [REVIEW]George Klosko - forthcoming - Philosophical Explorations.
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  10. Disagreement, Unilateral Judgment, and Kant’s Argument for Rule by Law.Daniel Koltonski - forthcoming - Journal of Ethics and Social Philosophy.
    Kant argues that it is only as citizens of a properly constituted state that persons are able to respect one another’s innate right to freedom, for joint subjection to the authority of a state enables them to avoid what Kantians call ‘the problem of unilateralism’: when I interact with you in a state of nature according to my judgment of right in circumstances of disagreement between us, I implicitly claim that my judgment, and not yours, has authority over us simply (...)
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  11. Kant and the Problem of Unequal Enforcement of Law.Daniel Koltonski - forthcoming - Journal of Ethics and Social Philosophy.
    Kant infamously opposes not only revolution but also any resistance or disobedience by citizens that aims to compel states to reform themselves. This paper argues that, in fact, the Kantian account of the legitimate state has the resources for a distinctive justification of principled disobedience, including even violent or destructive disobedience, that applies to citizens of contemporary Western democracies. When a state fails to enforce the law equally, this lack of equal enforcement can deprive some citizens of the equal assurance (...)
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  12. What Immigrants Owe.Adam Lovett & Daniel Sharp - forthcoming - Ergo: An Open Access Journal of Philosophy.
    Unlike natural-born citizens, many immigrants have agreed to undertake political obligations. Many have sworn oaths of allegiance. Many, when they entered their adopted country, promised to obey the law. This paper is about these agreements. First, it’s about their validity. Do they actually confer political obligations? Second, it’s about their justifiability. Is it permissible to get immigrants to undertake such political obligations? Our answers are ‘usually yes’ and ‘probably not’ respectively. We first argue that these agreements give immigrants political obligations. (...)
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  13. Global Gender Justice: Human Rights and Political Responsibility.Margaret A. McLaren - forthcoming - Tandf: Critical Horizons:1-18.
  14. Fair Play and Wrongful Benefits.Avia Pasternak - forthcoming - New Content is Available for Journal of Moral Philosophy.
    _ Source: _Page Count 20 According to the fair play defense of political obligations citizens have a reciprocity-based duty to share the costs involved in the production of public goods. But sometimes, states produce collective goods through wrongdoing. For example, sometimes states’ wrongful immigration policies can contribute to the welfare of their own populations. Do citizens have duties of reciprocity in light of such wrongful benefits? I argue that the answer to this question is negative. Drawing on the observation that (...)
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  15. Review of Nomos LXI: Political Legitimacy. [REVIEW]Enzo Rossi - forthcoming - Perspectives on Politics.
  16. Public Opinion, Democratic Legitimacy, and Epistemic Compromise.Dustin Olson - 2021 - In Peter Hartl & Adam T. Tuboly (eds.), Science, Freedom, and Democracy. New York, NY, USA: pp. 158 - 177.
    Using a recent example from US politics as representative of contemporary liberal democracies, this chapter highlights how public opinion is shaped through the exploitation of our epistemic interdependence and partisan bias. Climate change was an important issue leading into the 2010 US mid-term elections. Public opinion on climate change was subject to a number of willfully disseminated distorting influences, having a significant impact on the election’s outcome and subsequent political discourse surrounding climate change policies. One impact of this type of (...)
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  17. Security, Local Community, and the Democratic Political Culture in Africa.Krzysztof Trzcinski - 2021 - In Pathways to Alternative Epistemologies in Africa. Palgrave Macmillan. pp. 111-122.
    In this study, the idea of the local African community as a social structure ensuring the security of its members is presented. An understanding of the concept of security is first briefly discussed, followed by the meaning of the concept of the local African community. The chapter also makes an a priori distinction between what one can call “moderate” and “radical” types of communal life and two case studies exemplifying them are presented. The chapter aims to analyze the trade off, (...)
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  18. Against the Alienage Condition for Refugeehood.Eilidh Beaton - 2020 - Law and Philosophy 39 (2):147-176.
    Under the 1951 Refugee Convention, there are two necessary conditions for refugeehood: a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion and alienage – that is, being outside of one’s country of nationality or habitual residence. In 1985 Andrew Shacknove famously argued that both of these conditions should be rejected. Shacknove’s paper prompted much debate about the suitability of the persecution condition, but his rejection of the alienage requirement has (...)
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  19. The Social Media Commons: Public Sphere, Agonism, and Algorithmic Obligation.Brian J. Collins, Jose Marichal & Richard Neve - 2020 - Journal of Information Technology and Politics 17.
    This paper takes a unique approach to framing the political obligation social media companies like Twitter and Facebook have in a democratic society by casting the public sphere as a common-pool resource. Over the last decade or so much of our civic discourse has moved to social media platforms such as Facebook and Twitter. This paper argues that just as citizens have an obligation to one another, social media companies have an obligation to promote agonistic forms of civic, political discourse (...)
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  20. Medical Complicity and the Legitimacy of Practical Authority.Kenneth M. Ehrenberg - 2020 - Ethics, Medicine and Public Health 12.
    If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative authority to (...)
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  21. Do We Have Reasons to Obey the Law?Edmund Tweedy Flanigan - 2020 - Journal of Ethics and Social Philosophy 17 (2):159-197.
    Instead of the question, ‘do we have an obligation to obey the law?,’ we should first ask the more modest question, ‘do we have reasons to obey the law?’ This paper offers a new account of the notion of the content-independence of legal reasons in terms of the grounding relation. That account is then used to mount a defense of the claim that we do indeed have content-independent moral reasons to obey the law (because it is the law), and that (...)
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  22. The Ethics of Obeying Judicial Orders in Flawed Societies.Robert C. Hughes - 2020 - Res Publica 26 (4):559-575.
    Many accounts of the moral duty to obey the law either restrict the duty to ideal democracies or leave the duty’s application to non-ideal societies unclear. This article presents and defends a partial account of the moral duty to obey the law in non-ideal societies, focusing on the duty to obey judicial orders. We need public judicial authority to prevent objectionable power relationships that can result from disputes about private agreements. The moral need to prevent power imbalances in private relationships (...)
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  23. A Quasi-Contract Theory of Political Obligation.Cameron Oren Hunter - 2020 - Law and Philosophy 39 (1):93-118.
    Whether there is a general moral obligation to obey the law, often referred to as ‘political obligation’, is an enduring question in contemporary legal and political philosophy. Theories are continually being formulated, criticized, and reformulated as theorists attempt to settle this issue. However, there yet remains no general consensus as to whether any theory successfully answers this question in either the affirmative or the negative. I propose the legal doctrine of quasi-contract as a candidate for making sense of this persistent (...)
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  24. Book Review: A Duty to Resist: When Disobedience Should Be Uncivil, by Candice Delmas. [REVIEW]Jennet Kirkpatrick - 2020 - Political Theory 48 (4):528-533.
  25. The Panglossian Politics of the Geoclique.Catriona McKinnon - 2020 - Critical Review of International Social and Political Philosophy 23 (5):584-599.
  26. Review of Richard Dagger, Playing Fair: Political Obligation and the Problems of Punishment. [REVIEW]Piero Moraro - 2020 - Criminal Law and Philosophy 14 (1):141-147.
    Richard Dagger purports to solve the problem of political obligation and the problem of punishment simultaneously, by employing the principle of fair play. Notwithstanding the valuable contribution his book makes to the philosophical debate, I argue that Dagger does not defeat long-standing objections faced by fair play-based justifications of the duty to obey the law and of state punishment.
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  27. Virtue Ethics and Political Authority.Tristan J. Rogers - 2020 - Journal of Social Philosophy 51 (2):303-321.
    Journal of Social Philosophy, EarlyView.
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  28. Solidarity with Refugees: An Institutional Approach.Clara Sandelind & Luke Ulaş - 2020 - Journal of Social Philosophy 51 (4):564-582.
  29. Political Obligations in Illiberal Regimes.Zoltán Gábor Szűcs - 2020 - Res Publica 26 (4):541-558.
    The paper is organized around two major, but closely interconnected goals. First, the paper’s principal aim is to offer a normative theory of political obligations that is based on certain insights of philosophical anarchism, theories of associative obligations and political realism. Second, the paper aims to offer a normative theoretical framework to examine political obligations in contemporary non-democratic contexts that does not vindicate non-democratic regimes and that does not exclude political obligations from the terrain of moral normativity. The theory of (...)
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  30. The Role of Consent in Locke's Theory of State.Elena Yi-Jia Zeng - 2020 - Historical Inquiry, Journal of National Taiwan University 66:201-236.
    John Locke’s theory of state is heavily constructed around his doctrine of consent. The doctrine indeed signifies a critical moment in the development of liberal and democratic theories in the history of political thought. Nevertheless, the doctrine has provoked various controversies and raises doubts on whether Locke’s early and later positions are reconcilable. This paper joins the scholarly debate through investigating the role of consent in Locke’s theory of state. It rejects the ahistorical readings of the doctrine that deliberation and (...)
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  31. Why Global Justice Matters.Chris Armstrong - 2019 - Cambridge, UK: Polity.
    While many are born into prosperity, hundreds of millions of people lead lives of almost unimaginable poverty. Our world remains hugely unequal, with our place of birth continuing to exert a major influence on our opportunities. -/- In this accessible book, leading political theorist Chris Armstrong engagingly examines the key moral and political questions raised by this stark global divide. Why, as a citizen of a relatively wealthy country, should you care if others have to make do with less? Do (...)
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  32. Capabilities, Political Liberalism and Private Law.Thom Brooks - 2019 - Archiv Fuer Rechts Und Sozialphilosphie 104 (4):556-569.
    This article argues political liberalism can and should be revised to improve its relevance to the private law. This approach is not a rejection of political liberalism, but instead a restatement consistent with the fundamental tenets of Rawls's theory of justice. The first part begins with a brief summary of Rawls's political liberalism. The second part discusses the strategies used to demonstrate the relevance of Rawls's theory to the private law. The third part examines how Rawls's theory can and should (...)
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  33. Should Undocumented Immigrants Have Access to Public Benefits?Chong Choe-Smith - 2019 - Social Philosophy Today 35:41-58.
    Undocumented immigrants are ineligible for most federally funded public benefits programs with few exceptions such as emergency medical assistance and nutrition assistance for women and children. This paper defends the view that a liberal society should provide greater access to undocumented immigrants to public benefits programs and responds to an important economic objection that a state should be able to prioritize the needs of its own members who contribute to these programs. This paper specifically addresses empirical and moral versions of (...)
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  34. Judith N Shklar as Theorist of Political Obligation.William E. Scheuerman - 2019 - European Journal of Political Theory 20 (2):366-376.
    The useful publication of Judith N Shklar's final undergraduate lectures at Harvard provides an opportunity to take a careful look at her reflections on political obligation, a matter always of gre...
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  35. Feeling the Vibrations: On the Micropolitics of Climate Change.Stephanie Erev - 2019 - Political Theory 47 (6):836-863.
    Climate change is more than a discrete issue demanding political attention and response. A changing climate permeates political life as material processes of planetary change reverberate in our bodies, affecting subterranean processes of attention and evoking bodily responses at and below the threshold of awareness. By way of example, I explore the register of bodily feeling to raise the possibility that proliferating anomalies in atmospheric, oceanic, and seismic activities are entering into subliminal experiences of time and confounding embodied expectations of (...)
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  36. Sovereignty and the New Executive Authority.Claire Oakes Finkelstein & Michael Skerker (eds.) - 2019 - Oxford University Press.
  37. Breaking the Law Under Competitive Pressure.Robert Hughes - 2019 - Law and Philosophy 38 (2):169-193.
    When a business has competitors that break a burdensome law, is it morally required to obey this law, or may it break the law to avoid an unfair competitive disadvantage? Though this ethical question is pervasive in the business world, many non-skeptical theories of the obligation to obey the law cannot give it a clear answer. A broadly Kantian account, by contrast, can explain why businesspeople ought to obey laws of a certain type even under competitive pressure, namely laws that (...)
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  38. Delmas, Candice. A Duty to Resist: When Disobedience Should Be Uncivil. Oxford: Oxford University Press, 2018. Pp. 312. $29.95. [REVIEW]Ten-Herng Lai - 2019 - Ethics 129 (4):710-715.
    Delmas successfully guides us to reconsider the traditional “wisdom” of civil disobedience. She also makes a strong case for expanding the notion of political obligation, which has been narrowly construed as mere obedience, to encompass a duty to resist. Principled disobedience, either civil or uncivil, includes a wide range of tools to tackle different forms of injustice, such as education campaigns, peaceful protests, graffiti street art, whistleblowing, vigilante self-defense, and political riots. We may question to what extent the violent disobedience (...)
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  39. Social Egalitarianism and the Private Sponsorship of Refugees.Desiree Lim - 2019 - Journal of Social Philosophy 50 (3):301-321.
  40. What Role for the State? (And a Comment on the Common Good).Matthew J. Lister - 2019 - Australasian Journal of Legal Philosophy 44 (1):124-132.
    In his _Natural Law and the Nature of Law_, Jonathan Crowe has written an important and interesting book, one that should be read by people interested in jurisprudence, ethics, and political philosophy. Its distinctive strength is in the way Crowe shows how much can be done within a natural law framework that does not assume a theological background. A distinctive feature of Crowe's approach to natural law, one that distinguishes it from other well-known approaches, is its argument that only a (...)
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  41. Contract, Treaty, and Sovereignty.Matthew J. Lister - 2019 - In Claire Oakes Finkelstein & Michael Skerker (eds.), Sovereignty and the New Executive Authority. New York, NY, USA: pp. 283-307.
    It is a common charge that treaties, perhaps especially recent treaties relating to economic activity, provide unreasonable restrictions on the sovereignty of the state parties. While this charge has been made most forcefully by smaller states, it is sometimes raised with justification by larger states or state-like bodies such as the E.U. as well. When a tribunal judging a dispute on an economic treaty tells a state that it may no longer make decisions such as to accept or reject genetically (...)
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  42. Global Gender Justice: Human Rights and Political Responsibility.Margaret A. McLaren - 2019 - Critical Horizons 20 (2):127-144.
    ABSTRACTI argue that Iris Marion Young’s concept of political responsibility is well suited for transnational feminism analyses. Young’s work reveals the intersections of ethical, social, and political theory; her model of political responsibility articulates a view of shared social and political responsibility for the structural conditions of exploitation and domination. Young’s theory of political responsibility provides an account that views responsibility for social injustice as both deeply personal, and shared. She argues that we can only discharge our political responsibility by (...)
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  43. Civil Disobedience: A Philosophical Overview.Piero Moraro - 2019 - Rowman & Littlefield International.
    What is the difference between civil and uncivil disobedience? How can illegal protest be compatible with a democratic regime based on the rule of law? Is Edward Snowden a civil disobedient? This book follows the philosophical debate around these and other issues, showing how the notion of civil disobedience has evolved from a form of passive resistance against injustice, to an active way to engage with the political life of the community. The author presents the major contributions in political and (...)
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  44. Civil Disobedience, and What Else? Making Space for Uncivil Forms of Resistance.Erin R. Pineda - 2019 - European Journal of Political Theory 20 (1):157-164.
    Theorists of political obligation have long devoted special attention to civil disobedience, establishing its pride of place as an object of philosophical analysis, and as one of a short li...
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  45. Political Authority and Unjust Wars.Massimo Renzo - 2019 - Philosophy and Phenomenological Research 99 (2):336-357.
    Just war theory is currently dominated by two positions. According to the orthodox view, provided that jus in bello principles are respected, combatants have an equal right to fight, regardless of the justice of the cause pursued by their state. According to “revisionists” whenever combatants lack reasons to believe that the war they are ordered to fight is just, their duty is to disobey. I argue that when members of a legitimate state acting in good faith are ordered to fight, (...)
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  46. On the Value of Economic Growth.Julie L. Rose - 2019 - Politics, Philosophy and Economics 19 (2):128-153.
    Must a society aim indefinitely for continued economic growth? Proponents of economic growth advance three central challenges to the idea that a society, having attained high levels of income and wealth, may justly cease to pursue further economic growth: if environmentally sustainable and the gains fairly distributed, first, continued economic growth could make everyone within a society and globally, and especially the worst off, progressively better off; second, the pursuit of economic growth spurs ongoing innovation, which enhances people’s opportunities and (...)
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  47. A Painting, a Crime, a Controversy.Christina Spiesel - 2019 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 34 (2):447-471.
    The exhibition by the Whitney Museum of American Art of a painting of the lynched Emmett Till by a white woman artist in its Biennial survey exhibition in 2017 caused a controversy that went to the heart of the contemporary art world in the United States. There was a demand made by a group, writing on behalf of artists of color that the painting be removed and destroyed. That demand gave birth to an intensive and very public conversation among important (...)
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  48. Between Carceral Feminism and Transformative Justice.Anna Terwiel - 2019 - Social Philosophy Today 35:161-165.
  49. Social Freedom and Migration in a Non-Ideal World.Drew Thompson - 2019 - Ethics and Global Politics 12 (4):21-31.
  50. In Defense of Unfair Compromises.Fabian Wendt - 2019 - Philosophical Studies 176 (11):2855-2875.
    It seems natural to think that compromises ought to be fair. But it is false. In this paper, I argue that it is never a moral desideratum to reach fair compromises and that we are sometimes even morally obligated to try to establish unfair compromises. The most plausible conception of the fairness of compromises is David Gauthier’s principle of minimax relative concession. According to that principle, a compromise is fair when all parties make equal concessions relative to how much they (...)
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