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The Law of Peoples

Philosophical Quarterly 51 (203):246-253 (2001)

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  1. Human Rights and the Politics of Victimhood.Robert Meister - 2002 - Ethics and International Affairs 16 (2):91-108.
    Meister argues for a renewal of the politics of victim and beneficiary that avoids moral pitfalls of the revolutionary project. These pitfalls inhere in a politics of victimhood.
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  • Transnational Feminisms, Nonideal Theory, and “Other” Women’s Power.J. Khader Serene - 2017 - Feminist Philosophy Quarterly 3 (1):1-24.
    Postcolonial and transnational feminists’ calls to recognize “other” women’s agency have seemed to some Western feminists to entail moral quietism about women’s oppression. Here, I offer an antirelativist framing of the transnational feminist critiques, one rooted in a conception of transnational feminisms as a nonideal theoretical enterprise. The Western feminist problem is not simple ethnocentrism, but rather a failure to ask the right types of normative questions, questions relevant to the nonideal context in which transnational feminist praxis occurs. Instead of (...)
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  • Models of International Economic Justice.Ethan B. Kapstein - 2004 - Ethics and International Affairs 18 (2):79-92.
    Kapstein offers three models that seek to capture some of the normative concerns expressed by critics of economic globalization—communitarian, liberal internationalist, and cosmopolitan prioritarian.
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  • Philosophia Semper Reformanda: Husserlian Theses on Constitution.Nythamar de Oliveira - 2000 - Manuscrito 23 (2):251-274.
    Starting from the sensuous perception of what is seen, an attempt is made at re-casting a Husserlian theory of constitution of the object of intuition, as one leaves the natural attitude through a transcendental method, by positing several theses so as to avoid the aporias of philosophical binary oppositions such as rationalism and empiri-cism, realism and idealism, logicism and psychologism, subjectivism and objectivism, transcendentalism and ontologism, metaphysics and positivism. Throughout fifty-five theses on constitution, the Husserlian proposal of continuously reforming philosophizing (...)
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  • From Concept to Conceptions: Can the Broad View Overcome the Debate Between Orthodox and Political Theories of Human Rights?Daniel P. Corrigan - 2019 - European Journal of Political Theory 19 (3):417-425.
    In Humanity without Dignity, Sangiovanni offers an interesting new approach to human rights theory called the “Broad View” of human rights. The BV involves an innovative attempt to overcome th...
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  • Assistance with Fewer Strings Attached.Vivien Collingwood - 2003 - Ethics and International Affairs 17 (1):55-67.
    This article explores the extent to which it is morally defensible to attach good governance conditions to aid and loans in international society, arguing that the use of conditionality should be limited.
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  • Comparative Vs. Transcendental Approaches to Justice: A Misleading Dichotomy in Sen's The Idea of Justice.Francesco Biondo - 2012 - Ratio Juris 25 (4):555-577.
    This paper examines the distinction drawn by Amartya Sen between transcendental and comparative theories of justice, and its application to Rawls' doctrine. It then puts forward three arguments. First, it is argued that Sen offers a limited portrayal of Rawls' doctrine. This is the result of a rhetorical strategy that depicts Rawlsian doctrine as more “transcendental” than it really is. Although Sen deploys numerous quotations in support of his interpretation, it is possible to offer a less transcendental interpretation of Rawls. (...)
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  • Inter-Collegiate Football, Responsibility, Exploitation, and the Public Good.J. Angelo Corlett - 2020 - Journal of Academic Ethics 18 (3):249-262.
    This article presents philosophical-ethical arguments concerning the extent to which NCAA inter-collegiate football is a public good and some implausible implications of the claim that it constitutes a public good and ought to be publicly subsidized as part of a component of U.S. higher education generally as is currently the case. Underlying this main argument is one concerning who or what should have the responsibility for subsidizing the necessary costs of the sport, including its associated healthcare and medical costs.
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  • An Exploratory Study of Ethics Codes of Professional Public Relations Associations: Proposing Modified Universal Codes of Ethics in Public Relations.Soo-Yeon Kim & Eyun-Jung Ki - 2014 - Journal of Mass Media Ethics 29 (4):238-257.
    Public relations scholars have demonstrated contradictory views regarding the application of universal versus culture-specific approaches for understanding global public relations ethics. However,...
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  • The Xinjiang Case and Its Implications From a Business Ethics Perspective.Alexander Kriebitz & Raphael Max - 2020 - Human Rights Review 21 (3):243-265.
    The discourse on economic integration with authoritarian regimes has evolved as a key topic throughout the different disciplines of social sciences. Are sanctions and boycotts effective methods to incentivize human rights improvements? To analyze this question, we focus on the situation in China’s Xinjiang province from 2010 to 2019. In this paper, we discuss the relevance of human rights as an ethical norm within business ethics and international law. We evaluate the ongoing processes in Xinjiang from this perspective and scrutinize (...)
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  • Book Review: Rawls Explained: From Fairness to UtopiaVoicePaul. 2011. Rawls Explained: From Fairness to Utopia. Chicago: Open Court. [REVIEW]Rajesh Sampath - 2014 - Philosophy of the Social Sciences 44 (6):843-847.
  • Political Appeasement and Academic Critique.Marcel Wissenburg - 2013 - Philosophy and Social Criticism 39 (7):675-691.
    Both environmental social movements and academic thinkers appear to move away from fundamental critique of dominant values in the direction of a more pragmatic approach to environmental politics. This article highlights some of the disadvantages of this development, using environmental concerns to illustrate the broader argument that decent societies aiming for social and environmental justice are best served by the existence of an informed, fundamental type of opposition next to cooperative, loyal modes of dissent. For academics in their inescapable role (...)
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  • The Political Perspective of Corporate Social Responsibility: A Critical Research Agenda.Glen Whelan - 2012 - Business Ethics Quarterly 22 (4):709-737.
    I here advance a critical research agenda for the political perspective of corporate social responsibility. I argue that whilst the ‘Political’ CSR literature is notable for both its conceptual novelty and practical importance, its development has been hamstrung by four ambiguities, conflations and/or oversights. More positively, I argue that ‘Political’ CSR should be conceived as one potential form of globalization, and not as a consequence of ‘globalization’; that contemporary Western MNCs should be presumed to engage in CSR for instrumental reasons; (...)
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  • Kantians and Cosmopolitanism: O'Neill and Cosmopolitan Universalism.Peter Sutch - 2000 - Kantian Review 4:98-120.
    The history of what we now term international relations theory is as rich and as complex as any area in the history of political thought. Yet in the last few decades one particular type of political philosophy has come to be almost unambiguously associated with liberal international relations theory. The dominance of Kantian cosmopolitanism in contemporary liberal international relations theory is quite remarkable. Its position is challenged, within liberalism, only by the utilitarian cosmopolitanism of thinkers such as Peter Singer and, (...)
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  • Public Reason, Non-Public Reasons, and the Accessibility Requirement.Jason Tyndal - 2019 - Canadian Journal of Philosophy 49 (8):1062-1082.
    In Liberalism without Perfection, Jonathan Quong develops what is perhaps the most comprehensive defense of the consensus model of public reason – a model which incorporates both a public-reasons-only requirement and an accessibility requirement framed in terms of shared evaluative standards. While the consensus model arguably predominates amongst public reason liberals, it is criticized by convergence theorists who reject both the public-reasons-only requirement and the accessibility requirement. In this paper, I argue that while we have good reason to reject Quong’s (...)
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  • Approaching Perpetual Peace: Kant’s Defence of a League of States and His Ideal of a World Federation.Pauline Kleingeld - 2004 - European Journal of Philosophy 12 (3):304-325.
    There exists a standard view of Kant’s position on global order and this view informs much of current Kantian political theory. This standard view is that Kant advocates a voluntary league of states and rejects the ideal of a federative state of states as dangerous, unrealistic, and conceptually incoherent. This standard interpretation is usually thought to fall victim to three equally standard objections. In this essay, I argue that the standard interpretation is mistaken and that the three standard objections miss (...)
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  • The Human Right to Political Participation.Fabienne Peter - 2013 - Journal of Ethics and Social Philosophy 7 (2):1-16.
    In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights which do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in national, but also in international (...)
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  • In Defense of Discretionary Association Theories of Political Legitimacy: Reply to Buchanan.Marcus Arvan - 2009 - Journal of Ethics and Social Philosophy (2):1-6.
    Allen Buchanan has argued that a widely defended view of the nature of the state – the view that the state is a discretionary association for the mutual advantage of its members – must be rejected because it cannot adequately account for moral requirements of humanitarian intervention. This paper argues that Buchanan’s objection is unsuccessful,and moreover, that discretionary association theories can preserve an important distinction that Buchanan’s alternative approach to political legitimacy cannot: the distinction between “internal” legitimacy (a state’s ability (...)
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  • Cosmopolitan Democratic and Communicative Rights: The Danish Cartoons Controversy and the Right to Be Heard, Even Across Borders.Alexander Brown & Sune Lægaard - forthcoming - Human Rights Review:1-21.
    During the Danish cartoons controversy in 2005–2006, a group of ambassadors to Denmark representing eleven predominantly Muslim countries requested a meeting with the Danish Prime Minister, Anders Fogh Rasmussen, to protest against the cartoons. Rasmussen interpreted their viewpoint as one of demanding limits to freedom of speech and he ignored their request for a meeting. Drawing on this case study, the article argues that it is an appropriate, and potentially effective, moral criticism of anyone who is in a position of (...)
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  • The Challenges of Extreme Moral Stress: Claudia Card's Contributions to the Formation of Nonideal Ethical Theory.Kathryn J. Norlock - 2016 - Metaphilosophy 47 (4-5):488-503.
    Open Access: This essay argues that Claudia Card numbers among important contributors to nonideal ethical theory, and it advocates for the worth of NET. Following philosophers including Lisa Tessman and Charles Mills, the essay contends that it is important for ethical theory, and for feminist purposes, to carry forward the interrelationship that Mills identifies between nonideal theory and feminist ethics. Card's ethical theorizing assists in understanding that interrelationship. Card's philosophical work includes basic elements of NET indicated by Tessman, Mills, and (...)
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  • To Every Thing There is a Season: Theory, History, and Global Justice.Amnon Lev - forthcoming - Constellations.
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  • Bright Lines in Juvenile Justice.Amy Berg - forthcoming - Journal of Political Philosophy.
    Journal of Political Philosophy, EarlyView.
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  • War and Global Public Reason.Jeremy Williams - 2017 - Utilitas 29 (4):398-422.
    This paper offers a new critical evaluation of the Rawlsian model of global public reason (‘GPR’), focusing on its ability to serve as a normative standard for guiding international diplomacy and deliberation in matters of war. My thesis is that, where war is concerned, the model manifests two fatal weaknesses. First, because it demands extensive neutrality over the moral status of persons – and in particular over whether they possess equal basic worth or value – out of respect for the (...)
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  • Material Scarcity and Scalar Justice.Matthew Adams & Ross Mittiga - forthcoming - Philosophical Studies.
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  • Reflexiones sobre ciudadanías locales, regionales y cosmopolitas en el marco de las Relaciones Internacionales de una economía globalizada.Patricia Carabelli - 2013 - Revista Opinião Filosófica 4 (1).
    En la economía global los Estados se rigen mediante acuerdos y tratados realizados en el marco del Derecho Internacional. Sin embargo, en las Relaciones Internacionales aún no existe garantía de relaciones pacíficas entre Estados. Analizamos distintas perspectivas existentes en torno a la paz mundial y nos preguntamos si la existencia de ciudadanías locales, regionales y cosmopolitas redundaría en una mayor solidaridad entre pueblos y cierta regulación basada en la reflexión conjunta de cuestiones que nos afectan y afectarán a todos.
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  • No Justice in Climate Policy? Broome Versus Posner, Weisbach, and Gardiner.Alyssa R. Bernstein - 2016 - Midwest Studies in Philosophy 40 (1):172-188.
    The urgent importance of dealing with the climate crisis has led some influential theorists to argue that at least some demands for justice must give way to pragmatic and strategic considerations. These theorists (Cass Sunstein, Eric Posner, and David Weisbach, all academic lawyers, and John Broome, an academic philosopher) contend that the failures of international negotiations and other efforts to change economic policies and practices have shown that moral exhortations are worse than ineffective. Although Broome's position is similar in these (...)
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  • Transnational Corporations and Human Rights Duties: Perfect and Imperfect.Jilles L. J. Hazenberg - 2016 - Human Rights Review 17 (4):479-500.
    This paper aims, firstly, to bridge debates on human rights and Transnational Corporations within practical philosophy and those within the business and human rights literature and, secondly, to determine the extent to which human rights duties can be assigned to TNCs. To justifiably assign human rights duties to TNCs, it is argued that these duties need to be grounded in moral theory. Through assessment of two approaches from practical philosophy, it is argued that positive duties cannot be assigned to TNCs (...)
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  • Cosmopolitanism.Pauline Kleingeld & Eric Brown - 2013 - Stanford Encyclopedia of Philosophy.
    The word ‘cosmopolitan’, which derives from the Greek word kosmopolitês (‘citizen of the world’), has been used to describe a wide variety of important views in moral and socio political philosophy. The nebulous core shared by all cosmopolitan views is the idea that all human beings, regardless of their political affiliation, do (or at least can) belong to a single community, and that this community should be cultivated. Different versions of cosmopolitanism envision this community in different ways, some focusing on (...)
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  • The Fact of Unreasonable Pluralism.Aaron Ancell - 2019 - Journal of the American Philosophical Association 5 (4):410-428.
    Proponents of political liberalism standardly assume that the citizens of an ideal liberal society would be overwhelmingly reasonable. I argue that this assumption violates political liberalism's own constraints of realism—constraints that are necessary to frame the central problem that political liberalism aims to solve, that is, the problem of reasonable pluralism. To be consistent with these constraints, political liberalism must recognize that, as with reasonable pluralism, widespread support for unreasonable moral and political views is an inevitable feature of any liberal (...)
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  • An Interview with Michael Dummett: From Analytical Philosophy to Voting Analysis and Beyond.Maurice Salles & Rudolf Fara - 2006 - Social Choice and Welfare 27:347-364.
    Social choice and welfare economics are subjects at the frontier of many disciplines. Even if economics played the major role in their development, sociology, psychology and, principally, political science, mathematics and philosophy have been central for the manifold inventiveness of the employed methods and for the diversity of the studied topics. This phenomenon can be compared with game theory, a subject which has, of course, many connections with social choice and welfare. This fact is reflected by the disciplinary origins of (...)
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  • Degenerate Cosmopolitanism.Adam Martin - 2015 - Social Philosophy and Policy 32 (1):74-100.
    :Advocates of cosmopolitan ideals, to the extent that they engage with questions of institutional design, typically imagine replicating or refining existing, nation-state models of governance but on an international scale. This essay argues that cosmopolitan ethics need not go hand in hand with international government, and may be better served by a different approach. I explore the concept of degeneracy as a principle of institutional evaluation and design in international politics. Degeneracy is a characteristic of complex systems in which multiple (...)
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  • Against Prophecy and Utopia.Mark G. E. Kelly - 2014 - Thesis Eleven 120 (1):104-118.
  • Anti-Paternalism and Invalidation of Reasons.Kalle Grill - 2010 - Public Reason 2 (2):3-20.
    I first provide an analysis of Joel Feinberg’s anti-paternalism in terms of invalidation of reasons. Invalidation is the blocking of reasons from influencing the moral status of actions, in this case the blocking of personal good reasons from supporting liberty-limiting actions. Invalidation is shown to be distinct from moral side constraints and lexical ordering of values and reasons. I then go on to argue that anti-paternalism as invalidation is morally unreasonable on at least four grounds, none of which presuppose that (...)
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  • Defending Democratic Participation Against Shortcuts: A Few Replies to Thomas Christiano.Cristina Lafont - 2020 - Jus Cogens 2 (2):205-214.
    In this essay, I address some questions and challenges brought about by Thomas Christiano in his inspiring review of my book Democracy without Shortcuts. First, I defend the democratic credentials of the conception of self-government that I articulate in the book against conceptions of self-determination that are allegedly compatible with non-democratic government. To do so, I clarify some aspects of the notion of “blind deference” that I use in the book as a contrast concept to identify a minimal, necessary condition (...)
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  • Rawls, Reciprocity and the Barely Reasonable.Christopher Mcmahon - 2014 - Utilitas 26 (1):1-22.
    The concept of the reasonable plays an important role in Rawls's political philosophy, but there has been little systematic investigation of this concept or of the way Rawls employs it. This article distinguishes several different forms of reasonableness and uses them to explore Rawls's political liberalism. The discussion focuses on the idea, found especially in the most recent versions of this theory, of a family of liberal conceptions of justice each of which is regarded by everyone in a polity as (...)
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  • The Social Cost of Carbon: Valuing Inequality, Risk, and Population for Climate Policy.Marc Fleurbaey, Maddalena Ferranna, Mark Budolfson, Francis Dennig, Kian Mintz-Woo, Robert Socolow, Dean Spears & Stéphane Zuber - 2019 - The Monist 102 (1):84-109.
    We analyze the role of ethical values in the determination of the social cost of carbon, arguing that the familiar debate about discounting is too narrow. Other ethical issues are equally important to computing the social cost of carbon, and we highlight inequality, risk, and population ethics. Although the usual approach, in the economics of cost-benefit analysis for climate policy, is confined to a utilitarian axiology, the methodology of the social cost of carbon is rather flexible and can be expanded (...)
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  • Political Liberalism for Post-Islamist, Muslim-Majority Societies.Meysam Badamchi - 2015 - Philosophy and Social Criticism 41 (7):679-696.
    This article tries to develop a moderate reading of political liberalism applicable to post-Islamist, Muslim-majority societies. Contrary to the strong reading, which considers political liberalism as limited in its scope to those societies that already have a strong liberal tradition, I argue that Rawls’ project does have something to offer to reasonable post-Islamist, Muslim individuals. In part I of the article the idea of a post-Islamist, Muslim-majority society is conceptualized and explained. Part II focuses on the Rawlsian ideas of justification, (...)
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  • Global Ethics and Human Responsibility: Challenges for the Theory and the Discipline.Rafał Wonicki - 2014 - Journal of Global Ethics 10 (3):261-266.
    The aim of this article is to identify the main challenges for global ethics as an academic discipline. This article assesses the moral and practical justifications for common global principles. Individual and institutional responsibility on the supranational level is connected with the standard of human rights and the relational aspects of the globalised world. It also points out two separate problems which global ethics should aim to solve. The first is metatheoretical and methodological and concerns the discipline's lack of self-reflexiveness. (...)
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  • Utility Contra Utilitarianism: Holbach’s International Ethics.Charles Devellennes - 2014 - Journal of International Political Theory 10 (2):188-205.
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  • Internationalizing Nussbaum’s Model of Cosmopolitan Democratic Education.Julian Culp - 2018 - Ethics and Education 13 (2):172-190.
    Nussbaum’s moral cosmopolitanism informs her capability-based theory of justice, which she uses in order to develop a distinctive model of cosmopolitan democratic education. I characterize Nussbaum’s educational model as a ‘statist model,’ however, because it regards cosmopolitan democratic education as necessary for realizing democratic arrangements at the domestic level. The socio-cultural diversity of virtually every nation, Nussbaum argues, renders it mandatory to educate citizens in a cosmopolitan fashion. Citizens must develop empathy and sympathy towards all co-citizens of their domestic polities (...)
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  • Care Ethics and Dependence— Rethinking Jus Post Bellum.Sigal Ben-Porath - 2008 - Hypatia 23 (2):pp. 61-71.
    In this essay, Ben-Porath begins from the assumption that just war theory should be extended to include a jus post bellum component. Postwar conduct should be significantly informed by a care ethics perspective, particularly its political aspects as developed by Joan Tronto and others. Care ethics should be extended to the international postwar arena with one significant amendment, namely, weakening the aim of ending dependence.
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  • Care Ethics and Dependence— Rethinking Jus Post Bellum.Sigal Ben-Porath - 2008 - Hypatia 23 (2):61-71.
    In this essay, Ben-Porath begins from the assumption that just war theory should be extended to include a jus post bellum component. Postwar conduct should be significantly informed by a care ethics perspective, particularly its political aspects as developed by Joan Tronto and others. Care ethics should be extended to the international postwar arena with one significant amendment, namely, weakening the aim of ending dependence.
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  • The Opposition of Politics and War.Bat-Ami Bar On - 2008 - Hypatia 23 (2):141-154.
  • The Opposition of Politics and War.Bat-ami Bar On - 2008 - Hypatia 23 (2):141-154.
    At stake for this essay is the distinction between politics and war and the extent to which politics can survive war. Gender analysis reveals how high these stakes are by revealing the complexity of militarism. It also reveals the impossibility of gender identity as foundation for a more robust politics with respect to war. Instead, a non-ideal normative differentiation among kinds of violence is affirmed as that which politically cannot not be wanted.
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  • Theories of Justice Underpinning Equity in Education for Refugee and Asylum-Seeking Youth in the U.S.: Considering Rawls, Sandel, and Sen.Catherine Ward - 2020 - Ethics and Education 15 (3):315-335.
    ABSTRACT This paper probes theories of justice underpinning the concept of equity to deconstruct the term and ascertain how best to equitably support refugee and asylum-seeking youth in U.S. schools. Building upon theories posited by John Rawls, Michael Sandel, and Amartya Sen, the paper aims to extend beyond ideal theory into a theoretical framework of equity with operationalizing potential. Recognizing refugee and asylum-seeking youth as part of the U.S. social contract and therefore bound to government support, the paper represents that (...)
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  • Corrective Justice Among States.Pavlos Eleftheriadis - 2020 - Jus Cogens 2 (1):7-27.
    The debate concerning solidarity and justice among states has missed the key contribution made to international affairs by corrective justice. Unlike distributive justice, which applies within states, corrective justice applies among states. It applies in particular to cooperative arrangements creating interdependence among them. Corrective justice does not require fairness in outcomes. It requires redress in cases of loss caused by unfairness. An illustration of corrective justice among states is the Eurozone’s response to the financial crisis. The assistance offered to the (...)
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  • The Possibility of Democratic Participation: Remarks on Cristina Lafont’s Democracy Without Shortcuts.Thomas Christiano - 2020 - Jus Cogens 2 (1):101-110.
    Cristina Lafont has written a searching and thought-provoking philosophical work on the nature of deliberation in modern democracy. Much of the book is a critique of recent efforts to ground the activity of deliberation in democracy in the light of two sobering and challenging obstacles to the implementation of deliberative democracy in modern society. One challenge arises from the observation of the pluralism of opinion and value in modern democracy. Good faith disagreement on principles and values is wide ranging in (...)
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  • Renegotiating the Social Contract: Hobbes to Rawls.Deborah A. Kissinger - 2003 - Dissertation, University of Hawai'i
    Hobbes, Locke, Rousseau, Kant, and Rawls set out different versions of the social contract theory. In this dissertation, these different versions are treated as iterative accounts within an on-going meta-conversation. To facilitate this conversation, a generic social contract is developed that sets out a uniform way to look at the different versions of the social contract. The generic social contract highlights specific features of the contract process for comparison by creating a set of questions that are posed to each theorist. (...)
     
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  • Beyond Sectarianism? On David Miller’s Theory of Human Rights.Kieran Oberman - 2013 - Res Publica 19 (3):275-283.
    In his most recent book, National Responsibility and Global Justice, David Miller presents an account of human rights grounded on the idea of basic human needs. Miller argues that his account can overcome what he regards as a central problem for human rights theory: the need to provide a ‘non-sectarian’ justification for human rights, one that does not rely on reasons that people from non-liberal societies should find objectionable. The list of human rights that Miller’s account generates is, however, minimal (...)
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  • 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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