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Political obligation

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  1. Anarchy, State, and Utopia.Robert Nozick - 1974 - Basic Books.
    Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.
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  • The Idea of the State.Peter J. Steinberger - 2005 - Cambridge University Press.
    For a half-century or more, political theory has been characterized by a pronounced distrust of metaphysical or ontological speculation. Such a disposition has been sharply at odds with influential currents in post-war philosophy - both analytic and continental - where metaphysical issues have become a central preoccupation. The Idea of the State seeks to reaffirm the importance of systematic philosophical inquiry into the foundations of political life, and to show how such an approach can cast a new and highly instructive (...)
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  • Moral Principles and Political Obligations.A. John Simmons - 1979 - Princeton University Press.
    Outlining the major competing theories in the history of political and moral philosophy--from Locke and Hume through Hart, Rawls, and Nozick--John Simmons attempts to understand and solve the ancient problem of political obligation. Under what conditions and for what reasons, he asks, are we morally bound to obey the law and support the political institutions of our countries?
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  • The Problem of Political Authority.Michael Huemer - 2013 - New York: Palgrave Macmillan.
  • Playing Fair: Political Obligation and the Problems of Punishment.Richard Dagger - 2018 - Oup Usa.
    In Playing Fair, Richard Dagger provides a unified theory of political obligation and the justification of punishment that takes its bearings from the principle of fair play. Dagger argues that members of a just polity have an obligation to obey its laws because they have an obligation of reciprocity or fair play to one another.
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  • Nozick and the Principle of Fairness.Nora K. Bell - 1978 - Social Theory and Practice 5 (1):65-73.
  • Associative Allegiances and Political Obligations.Christopher Heath Wellman - 1997 - Social Theory and Practice 23 (2):181-204.
  • Special Relationships and the Problem of Political Obligations.Diane Jeske - 2001 - Social Theory and Practice 27 (1):19-40.
  • Fairness and Political Obligation.Craig L. Carr - 2002 - Social Theory and Practice 28 (1):1-28.
  • The Nature of Fairness and Political Obligation: A Response to Carr.David Lefkowitz - 2004 - Social Theory and Practice 30 (1):1-31.
  • Ronald Dworkin, T.H. Green, and the Communal Theory of Political Obligation.Lucan Gregory - 2006 - Social Theory and Practice 32 (2):191-212.
  • Political Obligation and the Self.Matthew Noah Smith - 2013 - Philosophy and Phenomenological Research 86 (2):347-375.
  • Justification and Legitimacy: Essays on Rights and Obligations.A. John Simmons (ed.) - 2000 - Cambridge University Press.
    A. John Simmons is widely regarded as one of the most innovative and creative of today's political philosophers. His work on political obligation is regarded as definitive and he is also internationally respected as an interpreter of John Locke. The characteristic features of clear argumentation and careful scholarship that have been hallmarks of his philosophy are everywhere evident in this collection. The essays focus on the problems of political obligation and state legitimacy as well as on historical theories of property (...)
     
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  • Three Anarchical Fallacies: An Essay on Political Authority.William A. Edmundson (ed.) - 1998 - Cambridge University Press.
    How is a legitimate state possible? Obedience, coercion and intrusion are three ideas that seem inseparable from all government and seem to render state authority presumptively illegitimate. This book exposes three fallacies inspired by these ideas and in doing so challenges assumptions shared by liberals, libertarians, cultural conservatives, moderates and Marxists. In three clear and tightly argued essays William Edmundson dispels these fallacies and shows that living in a just state remains a worthy ideal. This is an important book for (...)
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  • Law and Disagreement.Jeremy Waldron - 1998 - Oxford University Press UK.
    Jeremy Waldron is one of the world's leading legal and political philosophers. This collection brings together thirteen of his most recent essays which, in the course of working the book up for publication, the author has revisited and thoroughly revised. He addresses central issues within the liberal tradition, focusing on the law and its role in a pluralistic state which experiences deep disagreements about values and rights, and about the role of the state itself.
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  • The Duty to Obey the Law: Selected Philosophical Readings.William Atkins Edmundson (ed.) - 1998 - Rowman & Littlefield Publishers.
    The question 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number (...)
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  • Boundaries and Allegiances: Problems of Justice and Responsibility in Liberal Thought.Samuel Scheffler - 2002 - Oxford University Press.
    This book is a collection of eleven essays by one of the most interesting moral philosophers currently writing. It examines challenges to liberal thought posed by the changing circumstances of the modern world such as the conflicting tendencies toward global integration, and greater ethnic and communal identification. The author considers whether liberal principles of justice can accommodate social and global interdependencies while reaffirming the importance of individual responsibility and acknowledging the significance of people's diverse personal and communal allegiances.
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  • Essays on Bentham: Studies in Jurisprudence and Political Theory.H. L. A. Hart - 1982 - Oxford University Press on Demand.
    In his introduction Professor Hart offers both an exposition and a critical assesment of some central issues in jurisprudence and political theory. Essay themes include Bentham's identification of the forms of mistification protecting the law from criticism, his relation to Beccaria and his conversion to democratic radicalism.
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  • A Theory of Political Obligation: Membership, Commitment, and the Bonds of Society.Margaret Gilbert - 2006 - Oxford University Press.
    Margaret Gilbert offers an incisive new approach to a classic problem of political philosophy: when and why should I do what the law tells me to do? Do I have special obligations to conform to the laws of my own country and if so, why? In what sense, if any, must I fight in wars in which my country is engaged, if ordered to do so, or suffer the penalty for law-breaking the law imposes - including the death penalty? Gilbert's (...)
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  • The Authority of the State.Leslie Green - 1988 - Clarendon Press.
    The modern state claims supreme authority over the lives of all its citizens. Drawing together political philosophy, jurisprudence, and public choice theory, this book forces the reader to reconsider some basic assumptions about the authority of the state. Various popular and influential theories - conventionalism, contractarianism, and communitarianism - are assessed by the author and found to fail. Leslie Green argues that only the consent of the governed can justify the state's claims to authority. While he denies that there is (...)
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  • Democratic Authority and the Boundary Problem.A. John Simmons - 2013 - Ratio Juris 26 (3):326-357.
    Theories of political authority divide naturally into those that locate the source of states' authority in the history of states' interactions with their subjects and those that locate it in structural (or functional) features of states (such as the justice of their basic institutions). This paper argues that purely structuralist theories of political authority (such as those defended by Kant, Rawls, and contemporary “democratic Kantians”) must fail because of their inability to solve the boundary problem—namely, the problem of locating the (...)
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  • 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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  • A Contractualist Defense of Democratic Authority.David Lefkowitz - 2005 - Ratio Juris 18 (3):346-364.
  • Rule Over None II: Social Equality and the Justification of Democracy.Niko Kolodny - 2014 - Philosophy and Public Affairs 42 (4):287-336.
  • Democratic Equality and Political Authority.Daniel Viehoff - 2014 - Philosophy and Public Affairs 42 (4):337-375.
    This essay seeks to provide a justification for the ‘egalitarian authority claim’, according to which citizens of democratic states have a moral duty to obey (at least some) democratically made laws because they are the outcome of an egalitarian procedure. It begins by considering two prominent arguments that link democratic authority to a concern for equality. Both are ultimately unsuccessful; but their failures are instructive, and help identify the conditions that a plausible defense of the egalitarian authority claim must meet. (...)
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  • Democratic Authority and Respect for the Law.Harrison Frye & George Klosko - 2017 - Law and Philosophy 36 (1):1-23.
    In recent years, scholars have argued that democratic provenance of law establishes moral requirements to obey it. We argue against this view, claiming that, rather than establishing moral requirements to obey the law, democratic provenance grounds only requirements to respect it. Establishing what we view as this more plausible account makes clear not only exactly what democracy itself contributes to requirements to obey the law but also important difficulties proponents of democratic authority must overcome in order successfully to make their (...)
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  • Joint Commitment: How We Make the Social World.Margaret Gilbert - 2013 - Oup Usa.
    This new essay collection by distinguished philosopher Margaret Gilbert provides a richly textured argument for the importance of joint commitment in our personal and public lives. Topics covered by this diverse range of essays range from marital love to patriotism, from promissory obligation to the unity of the European Union.
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  • The Constitution of Equality: Democratic Authority and its Limits.Thomas Christiano - 2010 - Oxford University Press.
    Today the question of the moral foundations of democracy is more important then ever. In this book the author helps to explain when and why democracy is important and also gives us guidance as to how democracies ought to be shaped.
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  • 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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  • Political Obligations.George Klosko (ed.) - 2005 - Oxford University Press.
    This is the first in-depth study of popular attitudes towards political obligations and how these are viewed by the state. Leading political theorist George Klosko provides a full defense of a theory of political obligation based on the principle of fairness, which is widely viewed as the strongest theory of obligation currently available. This theory is then extended into a developed 'multiple principle' theory of obligation.
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  • Consent, Freedom and Political Obligation.John Petrov Plamenatz - 1968 - Oxford University Press.
  • The Growth of Political Thought in the West.Charles Howard McIlwain - 1932 - New York: Cooper Square Publishers.
  • The Moral Limits of Law: Obedience, Respect, and Legitimacy.Ruth C. A. Higgins - 2004 - Oxford University Press.
    The Moral Limits of Law analyzes the related debates concerning the moral obligation to obey the law, conscientious citizenship, and state legitimacy. Modern societies are drawn in a tension between the centripetal pull of the local and the centrifugal stress of the global. Boundaries that once appeared permanent are now permeable: transnational legal, economic, and trade institutions increasingly erode the autonomy of states. Nonetheless transnational principles are still typically effected through state law. For law's subjects, this tension brings into focus (...)
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  • Conflicts of Law and Morality.Kent Greenawalt (ed.) - 1987 - Oxford University Press.
    Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. This objective book views these oblique circumstances from two perspectives: that of the person who faces a possible conflict between the claims of morality and law and must choose whether or not (...)
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  • Philosophical Anarchism and Political Disobedience.Chaim Gans - 1992 - Cambridge University Press.
    This book examines the central questions concerning the duty to obey the law: the meaning of this duty; whether and where it should be acknowledged; and whether and when it should be disregarded. Many contemporary philosophers deny the very existence of this duty, but take a cautious stance toward political disobedience. This 'toothless anarchism', Professor Gans argues, should be discarded in favour of a converse position confirming the existence of a duty to obey the law which can be outweighed by (...)
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  • Mutual Expectations: A Conventionalist Theory of Law.Govert den Hartogh - 2002 - Kluwer Law International.
    The law persists because people have reasons to comply with its rules. What characterizes those reasons is their interdependence: each of us only has a reason to comply because he or she expects the others to comply for the same reasons. The rules may help us to solve coordination problems, but the interaction patterns regulated by them also include Prisoner's Dilemma games, Division problems and Assurance problems. In these "games" the rules can only persist if people can be expected to (...)
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  • The Morality of Conflict: Reasonable Disagreement and the Law.Samantha Besson - 2005 - Hart.
    This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There is (...)
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  • The Grammar of Political Obligation.Thomas Fossen - 2014 - Politics, Philosophy and Economics 13 (3):215-236.
    This essay presents a new way of conceptualizing the problem of political obligation. On the traditional ‘normativist’ framing of the issue, the primary task for theory is to secure the content and justification of political obligations, providing practically applicable moral knowledge. This paper develops an alternative, ‘pragmatist’ framing of the issue, by rehabilitating a frequently misunderstood essay by Hanna Pitkin and by recasting her argument in terms of the ‘pragmatic turn’ in recent philosophy, as articulated by Robert Brandom. From this (...)
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  • Liberal Loyalty: Freedom, Obligation, and the State.Anna Stilz - 2011 - Princeton University Press.
    Many political theorists today deny that citizenship can be defended on liberal grounds alone. Cosmopolitans claim that loyalty to a particular state is incompatible with universal liberal principles, which hold that we have equal duties of justice to persons everywhere, while nationalist theorists justify civic obligations only by reaching beyond liberal principles and invoking the importance of national culture. In Liberal Loyalty, Anna Stilz challenges both views by defending a distinctively liberal understanding of citizenship. Drawing on Kant, Rousseau, and Habermas, (...)
     
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  • Liberal Nationalism.Yael Tamir - 1995 - Princeton University Press.
    "This is a most timely, intelligent, well-written, and absorbing essay on a central and painful social and political problem of out time."--Sir Isaiah Berlin"The major achievement of this remarkable book is a critical theory of nationalism, worked through historical and contemporary examples, explaining the value of national commitments and defining their moral limits. Tamir explores a set of problems that philosophers have been notably reluctant to take on, and leaves us all in her debt."--Michael WalzerIn this provocative work, Yael Tamir (...)
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  • Are There Any Natural Rights?H. L. A. Hart - 1955 - Philosophical Review 64 (2):175-191.
  • The Duty to Obey the Law.David Lefkowitz - 2006 - Philosophy Compass 1 (6):571–598.
  • Democratic Authority: A Philosophical Framework.David Estlund - 2008 - Princeton University Press.
    Democracy is not naturally plausible. Why turn such important matters over to masses of people who have no expertise? Many theories of democracy answer by appealing to the intrinsic value of democratic procedure, leaving aside whether it makes good decisions. In Democratic Authority, David Estlund offers a groundbreaking alternative based on the idea that democratic authority and legitimacy must depend partly on democracy's tendency to make good decisions.Just as with verdicts in jury trials, Estlund argues, the authority and legitimacy of (...)
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  • Review of Margaret Gilbert, A Theory of Political Obligation: Membership, Commitment, and the Bonds of Society[REVIEW]David Lefkowitz - 2007 - Notre Dame Philosophical Reviews 2007 (6).
  • Group Membership and Political Obligation.Margaret Gilbert - 1993 - The Monist 76 (1):119-131.
    This is how A. John Simmons sets the scene for his discussion of political obligation in his book Moral Principles and Political Obligations, one of the best known contemporary philosophical treatments of the subject.
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  • Political Obligation: A Critical Introduction.Dudley Knowles - 2009 - Routledge.
    Political obligation is concerned with the clash between the individual’s claim to self-governance and the right of the state to claim obedience. It is a central and ancient problem in political philosophy. In this authoritative introduction, Dudley Knowles frames the problem of obligation in terms of the duties citizens have to the state and each other. Drawing on a wide range of key works in political philosophy, from Thomas Hobbes, John Locke, David Hume and G. W. F. Hegel to John (...)
     
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  • Role Obligations.Michael Hardimon - 1994 - Journal of Philosophy 91 (7):333-363.
    Argues that role obligations are not marginal, "that they are central to morality and should be taken seriously." "A 'role obligation' is a moral requirement, which attaches to an institutional role, whose content is fixed by the function of the role, and whose normative force flows from the role." Rejects what he calls the doctrine of perfect adequacy which holds that role obligations are both comprehensive and transparent. Although this may have been plausible at earlier times, it is clearly implausible (...)
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  • In Defense of Content-Independence.Nathan Adams - 2017 - Legal Theory 23 (3):143-167.
    Discussions of political obligation and political authority have long focused on the idea that the commands of genuine authorities constitute content-independent reasons. Despite its centrality in these debates, the notion of content-independence is unclear and controversial, with some claiming that it is incoherent, useless, or increasingly irrelevant. I clarify content-independence by focusing on how reasons can depend on features of their source or container. I then solve the long-standing puzzle of whether the fact that laws can constitute content-independent reasons is (...)
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  • Special Ties and Natural Duties.Jeremy Waldron - 1993 - Philosophy and Public Affairs 22 (1):3-30.
  • Political Obligation and the Argument From Gratitude.A. D. M. Walker - 1988 - Philosophy and Public Affairs 17 (3):191-211.