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  1. Fairness, Political Obligation, and the Justificatory Gap.Jiafeng Zhu - 2015 - Journal of Moral Philosophy 12 (3):290-312.
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  • Punishment and Justice.Jules Holroyd - 2010 - Social Theory and Practice 36 (1):78-111.
    Should the state punish its disadvantaged citizens who have committed crimes? Duff has recently argued that where disadvantage persists the state loses its authority to hold individuals to account and to punish for criminal wrongdoings. I here scrutinize Duff’s argument for the claim that social justice is a precondition for the legitimacy of state punishment. I sharpen an objection to Duff’s argument: with his framework, we seem unable to block the implausible conclusion that where disadvantage persists the state lacks the (...)
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  • Fairness, Political Obligation, and the Justificatory Gap.Jiafeng Zhu - 2014 - Journal of Moral Philosophy (4):1-23.
    The moral principle of fairness or fair play is widely believed to be a solid ground for political obligation, i.e., a general prima facie moral duty to obey the law qua law. In this article, I advance a new and, more importantly, principled objection to fairness theories of political obligation by revealing and defending a justificatory gap between the principle of fairness and political obligation: the duty of fairness on its own is incapable of preempting the citizen‟s liberty to reciprocate (...)
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  • The Principle of Fairness and Free-Rider Problems.Richard J. Arneson - 1982 - Ethics 92 (4):616-633.
    This article references the following linked citations. If you are trying to access articles from an off-campus location, you may be required to first logon via your library web site to access JSTOR. Please visit your library's website or contact a librarian to learn about options for remote access to JSTOR.
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  • Essays on Bentham: Jurisprudence and Political Theory.H. L. A. HART - 1982 - Philosophical Review 94 (4):571-574.
  • Persons and Punishment.Herbert Morris - 1968 - The Monist 52 (4):475-501.
    Alfredo Traps in Durrenmatt’s tale discovers that he has brought off, all by himself, a murder involving considerable ingenuity. The mock prosecutor in the tale demands the death penalty “as reward for a crime that merits admiration, astonishment, and respect.” Traps is deeply moved; indeed, he is exhilarated, and the whole of his life becomes more heroic, and, ironically, more precious. His defense attorney proceeds to argue that Traps was not only innocent but incapable of guilt, “a victim of the (...)
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  • Why Sufficiency is Not Enough.Paula Casal - 2007 - Ethics 117 (2):296-326.
  • Political Obligations in a Sea of Tyranny and Crushing Poverty.Aaron Maltais - 2014 - Legal Theory 20 (3):186-209.
    Christopher Wellman is the strongest proponent of the natural-duty theory of political obligations and argues that his version of the theory can satisfy the key requirement of ; namely, justifying to members of a state the system of political obligations they share in. Critics argue that natural-duty theories like Wellman's actually require well-ordered states and/or their members to dedicate resources to providing the goods associated with political order to needy outsiders. The implication is that natural-duty approaches weaken the particularity requirement (...)
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  • Fair Play, Political Obligation, and Punishment.Zachary Hoskins - 2011 - Criminal Law and Philosophy 5 (1):53-71.
    This paper attempts to establish that, and explain why, the practice of punishing offenders is in principle morally permissible. My account is a nonstandard version of the fair play view, according to which punishment 's permissibility derives from reciprocal obligations shared by members of a political community, understood as a mutually beneficial, cooperative venture. Most fair play views portray punishment as an appropriate means of removing the unfair advantage an offender gains relative to law-abiding members of the community. Such views (...)
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  • The Principle of Fairness and Political Obligation.George Klosko - 1987 - Ethics 97 (2):353-362.
    In this now-classic work, he clearly and systematically formulates what others thought impossible_a principle of fairness that specifies a set of conditions which grounds existing political obligations and bridges the gap between the abstract accounts of political principles and the actual beliefs of political actors. Brought up-to-date with a new introduction, this new edition will be of great interest to all interested in political thought.
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  • Sufficiency: Restated and Defended.Robert Huseby - 2010 - Journal of Political Philosophy 18 (2):178-197.
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  • Are Political Obligations Content Independent?George Klosko - 2011 - Political Theory 39 (4):498-523.
    Current scholars generally view political obligations as "content independent." Citizens have moral reasons to obey the law because it is the law, rather than because of the content of different laws. However, this position is subject to criticism on both theoretical and practical grounds. The main consideration in favor of content independence, the so-called "self-image of the state," does not actually support it. Properly understood, the state's self-image is to comply with laws because of the underlying moral reasons that justify (...)
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  • V—Fairness.John Broome - 1991 - Proceedings of the Aristotelian Society 91 (1):87-102.
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  • Punishment as Fair Play.Richard Dagger - 2008 - Res Publica 14 (4):259-275.
    This article defends the fair-play theory of legal punishment against three objections. The first, the irrelevance objection, is the long-standing complaint that fair play fails to capture what it is about crimes that makes criminals deserving of punishment ; the others are the recently raised false-equivalence and lacks-integration objections. In response, I sketch an account of fair-play theory that is grounded in a conception of the political order as a meta- cooperative practice—a conception that falls somewhere between contractual and communitarian (...)
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  • Are There Any Natural Rights?H. L. A. Hart - 1955 - Philosophical Review 64 (2):175-191.
  • The Content-Independence of Political Obligations.Kevin Walton - 2014 - Political Theory 42 (2):218-222.
    George Klosko rejects the standard assumption that political obligations, at least insofar as they are conceived as moral requirements to obey the law, must be content -independent. He thereby neglects the familiar distinction between obedience to and mere compliance with legal norms. The present article insists on this distinction by identifying a plausible alternative to the understanding of content - independence that Klosko correctly, even if not for the most obvious reason, dismisses and mistakenly, though not unreasonably, attributes to several (...)
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  • Desert.Jeffrie G. Murphy & George Sher - 1990 - Philosophical Review 99 (2):280.
  • The Problem of Political Obligation: A Critical Analysis of Liberal Theory.Carole Pateman - 1981 - Philosophical Review 90 (3):475-479.
  • Civic Virtues. Rights, Citizenship and Republican Liberalism.Richard Dagger - 1999 - Ethical Theory and Moral Practice 2 (1):67-69.
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  • The Morality of Freedom.Joseph Raz - 1986 - Philosophy 63 (243):119-122.
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  • Justice, Deviance, and the Dark Ghetto.Tommie Shelby - 2007 - Philosophy and Public Affairs 35 (2):126–160.
  • Poverty and Criminal Responsibility.Victor Tadros - 2009 - Journal of Value Inquiry 43 (3):391-413.