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  1. Roles and Relationships: On Whether Social Roles Ground Associative Reasons.Nina Brewer‐Davis - forthcoming - European Journal of Philosophy.
    European Journal of Philosophy, EarlyView.
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  • A Kantian Critique Of The Care Tradition: Family Law And Systemic Justice.Helga Varden - 2012 - Kantian Review 17 (2):327-356.
    Liberal theories of justice have been rightly criticized for two things by care theorists. First, they have failed to deal with private care relations’ inherent dependency, asymmetry and particularity. Second, they have been shown unable properly to address the asymmetry and dependency constitutive of care workers’ and care-receivers’ systemic conditions. I apply Kant’s theory of right to show that current care theories unfortunately reproduce similar problems because they also argue on the assumption that good care requires only virtuous private individuals. (...)
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  • When the Practice Gets Complicated: Human Rights, Migrants, and Political Institutions.Jelena Belic - 2017 - In Reidar Maliks & Johan Schaffer (eds.), Moral and Political Conceptions of Human Rights: Implications for Theory and Practice. pp. 181 - 203.
  • Law Without Legitimacy or Justification? The Flawed Foundations of Philosophical Anarchism.Ryan Gabriel Windeknecht - 2012 - Res Publica 18 (2):173-188.
    In this article, I examine A. John Simmons’s philosophical anarchism, and specifically, the problems that result from the combination of its three foundational principles: the strong correlativity of legitimacy rights and political obligations; the strict distinction between justified existence and legitimate authority; and the doctrine of personal consent, more precisely, its supporting assumptions about the natural freedom of individuals and the non-natural states into which individuals are born. As I argue, these assumptions, when combined with the strong correlativity and strict (...)
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  • Reconceptualizing Human Rights.Marcus Arvan - 2012 - Journal of Global Ethics 8 (1):91-105.
    This paper defends several highly revisionary theses about human rights. Section 1 shows that the phrase 'human rights' refers to two distinct types of moral claims. Sections 2 and 3 argue that several longstanding problems in human rights theory and practice can be solved if, and only if, the concept of a human right is replaced by two more exact concepts: (A) International human rights, which are moral claims sufficient to warrant coercive domestic and international social protection; and (B) Domestic (...)
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  • Consent by Residence: A Defense.Stephen Puryear - forthcoming - European Journal of Political Theory 18:1-18.
    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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  • Punishment, Fair Play and the Burdens of Citizenship.Piero Moraro - 2019 - Law and Philosophy 38 (3):289-311.
    The fair-play theory of punishment claims that the state is justified in imposing additional burdens on law-breakers, to remove the unfair advantage the latter have enjoyed by disobeying the law. From this perspective, punishment reestablishes a fair distribution of benefits and burdens among all citizens. In this paper, I object to this view by focusing on the case of civil disobedience. I argue that the mere illegality of this conduct is insufficient to establish the agent’s unfair advantage over his lawabiding (...)
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  • Finnis on the Authority of Law and the Common Good.George Duke - 2013 - Legal Theory 19 (1):44-62.
    This paper seeks to elucidate the role played by the common good in John Finnis's arguments for a generic and presumptive moral obligation to obey the law.1 Finnis's appeal to the common good constitutes a direct challenge to liberal and philosophical anarchist denials of a generic and presumptive obligation to obey the law.2 It is questionable, however, whether Finnis has presented the strongest possible case for his position. In the first section I outline Finnis's account of the relationship between basic (...)
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  • Patriotism, Poverty, and Global Justice: A Kantian Engagement with Pauline Kleingeld's Kant and Cosmopolitanism.Helga Varden - 2014 - Kantian Review 19 (2):251-266.
    In this article I critically engage some of the philosophical ideas Kleingeld presents in Kant and Cosmopolitanism, namely patriotism, poverty and global justice. Against Kleingeld, I propose, first, that perhaps democracy is less important and affectionate love more so to both Kant himself as well as to an account that can successfully refute a Bernard Williams style objection to Kantian patriotism; second, that guaranteeing unconditional poverty relief for all its citizens is constitutive of the minimally just state for Kant; and, (...)
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  • Political Resistance and the Constitution of Equality.Adam Benjamin Burgos - unknown
    In this dissertation I explore the conceptual relationship between equality and resistance in political philosophy. Through examination of the work of Jean-Jacques Rousseau, Karl Marx, John Dewey, and Jacques Rancière, I formulate a position called Fractured Social Holism. This is a problematic that attempts to articulate core issues at stake in the debates surrounding the purposes, meanings, and possibilities for politics. Through Fractured Social Holism I articulate a theory of equality that emphasizes the communities upon which societys institutions intend to (...)
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  • 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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  • Institutional Legitimacy and Geoengineering Governance.Daniel Edward Callies - 2019 - Ethics, Policy and Environment 21 (3):324-340.
    ABSTRACT: There is general agreement amongst those involved in the normative discussion about geoengineering that if we are to move forward with significant research, development, and certainly any future deployment, legitimate governance is a must. However, while we agree that the abstract concept of legitimacy ought to guide geoengineering governance, agreement surrounding the appropriate conception of legitimacy has yet to emerge. Relying upon Allen Buchanan’s metacoordination view of institutional legitimacy, this paper puts forward a conception of legitimacy appropriate for geoengineering (...)
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  • Injustice and the Right to Punish.Göran Duus‐Otterström & Erin I. Kelly - 2019 - Philosophy Compass 14 (2):e12565.
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  • Authority and Reason‐Giving1.David Enoch - 2014 - Philosophy and Phenomenological Research 89 (2):296-332.
  • The Particularities of Legitimacy: John Simmons on Political Obligation.Kevin Walton - 2013 - Ratio Juris 26 (1):1-15.
    In this paper, I examine the terms on which John Simmons rejects all arguments for a moral obligation to obey the law and so defends “philosophical anarchism.” Although I accept his rejection of several criteria on which others might and often do insist, I criticize his reliance on the conditions of “generality” and “particularity.” In doing so, I propose an alternative to his influential conception of legitimacy.
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  • The Political Obligation To Donate Organs.Govert Den Hartogh - 2013 - Ratio Juris 26 (3):378-403.
    The first question I discuss in this paper is whether we have a duty of rescue to make our organs available for transplantation after our death, a duty we owe to patients suffering from organ failure. The second question is whether political obligations, in particular the obligation to obey the law, can be derived from natural duties, possibly duties of beneficence. Such duties are normally seen as merely imperfect duties, not owed to anyone. The duty of rescue, however, is a (...)
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  • Political Legitimacy Without a (Claim-) Right to Rule.Merten Reglitz - 2015 - Res Publica 21 (3): 291-307.
    In the contemporary philosophical literature, political legitimacy is often identified with a right to rule. However, this term is problematic. First, if we accept an interest theory of rights, it often remains unclear whose interests justify a right to rule : either the interest of the holders of this right to rule or the interests of those subject to the authority. And second, if we analyse the right to rule in terms of Wesley Hohfeld’s characterization of rights, we find disagreement (...)
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  • Beyond the Distinction Between Positivism and Non-Positivism.Stephen Perry - 2009 - Ratio Juris 22 (3):311-325.
    In this article I discuss a number of issues raised by Professor Jules Coleman's recent article "Beyond the Separability Thesis." I suggest, to begin, that Coleman is correct that neither a narrow nor a broad formulation of the separability thesis takes us very far towards a robust distinction between legal positivism and legal non-positivism. I then offer a brief discussion of methodology in jurisprudence, suggesting that Coleman accepts, at least implicitly, what I call a "methodology of necessary features." Since there (...)
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  • Control, Consent and Political Legitimacy.Robin Douglass - 2016 - Critical Review of International Social and Political Philosophy 19 (2):121-140.
  • Fairness, Self-Deception and Political Obligation.Massimo Renzo - 2014 - Philosophical Studies 169 (3):467-488.
    I offer a new account of fair-play obligations for non-excludable benefits received from the state. Firstly, I argue that non-acceptance of these benefits frees recipients of fairness obligations only when a counterfactual condition is met; i.e. when non-acceptance would hold up in the closest possible world in which recipients do not hold motivationally-biased beliefs triggered by a desire to free-ride. Secondly, I argue that because of common mechanisms of self-deception there will be recipients who reject these benefits without meeting the (...)
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  • Global Justification and Local Legitimation.Sebastiano Maffettone - 2012 - Critical Review of International Social and Political Philosophy 15 (2):239-257.
    This paper distinguishes between the concepts of justification and legitimation with a view to offering a normative standard for global justice compatible with cultural pluralism. According to this distinction, justification is presented as an idealized, substantive and top-down enterprise rooted in the moral and metaphysical substrate of a specific culture. On the other hand, legitimation has a procedural and factual connotation and derives its strength from the success of some culturally independent but historically situated practice (bottom-up approach). Building on this (...)
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  • Was Ellen Wronged?Stephen P. Garvey - 2013 - Criminal Law and Philosophy 7 (2):185-216.
    Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no authority. Whatever authority (...)
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  • Iterative Contractualism? Global Justice and the Social Contract.Steven Lecce - 2013 - Journal of International Political Theory 9 (1):63-77.
    This article assesses Richard Vernon's attempted reconciliation of compatriot preference with global justice by analyzing the iteration proviso , which says that a group of people can legitimately set out to confer special advantages upon each other if others, outside that group, are free to do the same in their own case. Part I outlines how duties to outsiders are typically characterized in two leading accounts of global justice – moral universalism and associativism. The IP is motivated by Vernon's desire (...)
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  • On the Value of Political Legitimacy.M. Coakley - 2011 - Politics, Philosophy and Economics 10 (4):345-369.
    Theories of political legitimacy normally stipulate certain conditions of legitimacy: the features a state must possess in order to be legitimate. Yet there is obviously a second question as to the value of legitimacy: the normative features a state has by virtue of it being legitimate (such as it being owed obedience, having a right to use coercion, or enjoying a general justification in the use of force). I argue that it is difficult to demonstrate that affording these to legitimate (...)
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  • Kant's Non-Voluntarist Conception of Political Obligations: Why Justice is Impossible in the State of Nature.Helga Varden - 2008 - Kantian Review 13 (2):1-45.
    This paper presents and defends Kant’s non-voluntarist conception of political obligations. I argue that civil society is not primarily a prudential requirement for justice; it is not merely a necessary evil or moral response to combat our corrupting nature or our tendency to act viciously, thoughtlessly or in a biased manner. Rather, civil society is constitutive of rightful relations because only in civil society can we interact in ways reconcilable with each person’s innate right to freedom. Civil society is the (...)
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  • Practical Reason and Legality: Instrumental Political Authority Without Exclusion.Anthony R. Reeves - 2015 - Law and Philosophy 34 (3):257-298.
    In a morally non-ideal legal system, how can law bind its subjects? How can the fact of a norm’s legality make it the case that practical reason is bound by that norm? Moreover, in such circumstances, what is the extent and character of law’s bindingness? I defend here an answer to these questions. I present a non-ideal theory of legality’s ability to produce binding reasons for action. It is not a descriptive account of law and its claims, it is a (...)
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  • Regarding Cosmopolitanism.Richard Vernon - 2013 - Journal of International Political Theory 9 (1):92-100.
    This article attempts to respond to the major critical themes in the commentaries by Jones, Hibbert and Lecce on the book Cosmopolitan Regard. The book's ‘statist’ assumptions are acknowledged, and defended in light of the project that is undertaken. Its use of an un-sociological notion of legitimacy is explained. Its argument is characterized as one that seeks to constrain agency rather than to prescribe distributive outcomes of a strongly egalitarian kind. Finally, the argument's dependence on empirical assumptions is recognized.
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  • Political Versus Moral Justification.Nicholas Southwood - 2003 - Southern Journal of Philosophy 41 (2):261-281.
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  • Justification, Critique and Deliberative Legitimacy: The Limits of Mini-Publics.Marit Böker - 2017 - Contemporary Political Theory 16 (1):19-40.
  • Political Legitimacy, Justice and Consent.John Horton - 2012 - Critical Review of International Social and Political Philosophy 15 (2):129-148.
    What is it for a state, constitution or set of governmental institutions to have political legitimacy? This paper raises some doubts about two broadly liberal answers to this question, which can be labelled ?Kantian? and ?libertarian?. The argument focuses in particular on the relationship between legitimacy and principles of justice and on the place of consent. By contrast with these views, I suggest that, without endorsing the kind of voluntarist theory, according to which political legitimacy is simply created by individual (...)
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  • Languages of Political Support: Engaging with the Public Realm.Michael Freeden - 2009 - Critical Review of International Social and Political Philosophy 12 (2):183-202.
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