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  1. What is the Right to Exclude Immigrants?Sune Lægaard - 2010 - Res Publica 16 (3):245-262.
    It is normally taken for granted that states have a right to control immigration into their territory. When immigration is raised as a normative issue two questions become salient, one about what the right to exclude is, and one about whether and how it might be justified. This paper considers the first question. The paper starts by noting that standard debates about immigration have not addressed what the right to exclude is. Standard debates about immigration furthermore tend to result either (...)
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  • The Problem of Global Justice.Thomas Nagel - 2005 - Philosophy and Public Affairs 33 (2):113-147.
    We do not live in a just world. This may be the least controversial claim one could make in political theory. But it is much less clear what, if anything, justice on a world scale might mean, or what the hope for justice should lead us to want in the domain of international or global institutions, and in the policies of states that are in a position to affect the world order. By comparison with the perplexing and undeveloped state of (...)
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  • Distributive Justice, State Coercion, and Autonomy.Michael Blake - 2001 - Philosophy and Public Affairs 30 (3):257-296.
    Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/about/terms.html. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use.
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  • Are There Any Natural Rights?H. L. A. Hart - 1955 - Philosophical Review 64 (2):175-191.
  • Legal Directives in the Realm of Practical Reason: A Challenge to the Pre-Emption Thesis.Noam Gur - 2007 - American Journal of Jurisprudence 52 (1):159-228.
  • Toward a Liberal Theory of Political Obligation.Christopher Heath Wellman - 2001 - Ethics 111 (4):735-759.
  • Justification and Legitimacy.A. John Simmons - 1999 - Ethics 109 (4):739-771.
    In this essay I will discuss the relationship between two of the most basic ideas in political and legal philosophy: the justification of the state and state legitimacy. I plainly cannot aspire here to a complete account of these matters; but I hope to be able to say enough to motivate a way of thinking about the relation between these notions that is, I believe, superior to the approach which seems to be dominant in contemporary political philosophy. Today showing that (...)
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  • Political Obligation and the Particularity Requirement.Christopher Heath Wellman - 2004 - Legal Theory 10 (2):97-115.
  • State of the Art: The Duty to Obey the Law.William A. Edmundson - 2004 - Legal Theory 10 (4):215–259.
  • Raz's The Morality of Freedom: Two Models of Authority.Margaret Martin - 2010 - Jurisprudence 1 (1):63-84.
    Seventeenth century philosophers were pre-occupied with the justification for the use of coercion; the nature and scope of the citizen's duty to obey the law was a central concern. The typical philosophical accounts which attempt to articulate the conditions under which a citizen has an obligation to obey the law tend to fall into two camps: those that ground the obligation to obey the law in consent, and those that ground it in benefits received, or possibly a combination of both. (...)
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  • Multiple Principles of Political Obligation.George Klosko - 2004 - Philosophy Today 32 (6):801-824.
    Scholars who doubt the existence of general political obligations typically criticize and reject theories of obligation based on individual moral principles, for example, consent, fairness, or a natural duty of justice. Astronger position can result fromcombining different principles in a single theory. I develop a multiprinciple theory of political obligation, based on the principle of fairness, a natural duty of justice, and what I call the “common good” principle. The three principles interact in three main ways: “cumulation,” combining the separate (...)
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  • Associative Political Obligations: Their Potential.Bas van der Vossen - 2011 - Philosophy Compass 6 (7):488-496.
  • The Demandingness of Scanlon’s Contractualism.Elizabeth Ashford - 2003 - Ethics 113 (2):273-302.
    One of the reasons why Kantian contractualism has been seen as an appealing alternative to utilitarianism is that it seems to be able to avoid utilitarianism's extreme demandingness, while retaining a fully impartial moral point of view. I argue that in the current state of the world, contractualist obligations to help those in need are not significantly less demanding than utilitarian obligations. I also argue that while a plausible version of utilitarianism would be considerably less demanding if the state of (...)
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  • Associative Responsibilities and Political Obligation.Massimo Renzo - 2012 - Philosophical Quarterly 62 (246):106-127.
    In this paper I criticise an influential version of associative theory of political obligation and I offer a reformulation of the theory in ‘quasi-voluntarist’ terms. I argue that although unable by itself to solve the problem of political obligation, my quasi-voluntarist associative model can play an important role in solving this problem. Moreover, the model teaches us an important methodological lesson about the way in which we should think about the question of political obligation. Finally, I suggest that the quasi-voluntarist (...)
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  • Consent Theory for Libertarians.A. John Simmons - 2005 - Social Philosophy and Policy 22 (1):330-356.
    This paper argues that libertarian political philosophers, including Robert Nozick, have erred in neglecting the problem of political obligation and that they ought to embrace an actual consent theory of political obligation and state legitimacy. It argues as well that if they followed this recommendation, their position on the subject would be correct. I identify the tension in libertarian (and especially Nozick's) thought between its minimalist and its consensualist strains and argue that, on libertarianism's own terms, the consensualist strain ought (...)
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  • Duties of Samaritanism and Political Obligation.Massimo Renzo - 2008 - Legal Theory 14 (3):193–217.
    In this article I criticize a theory of political obligation recently put forward by Christopher Wellman. Wellman's “samaritan theory” grounds both state legitimacy and political obligation in a natural duty to help people in need when this can be done at no unreasonable cost. I argue that this view is not able to account for some important features of the relation between state and citizens that Wellman himself seems to value. My conclusion is that the samaritan theory can only be (...)
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  • Relational Facts in Liberal Political Theory: Is There Magic in the Pronoun 'My'?Christopher Heath Wellman - 2000 - Ethics 110 (3):537-562.
  • What is Political About Political Obligation? A Neglected Lesson From Consent Theory.Dorota Mokrosińska - 2013 - Critical Review of International Social and Political Philosophy 16 (1):88-108.
    Much of the debate concerning political obligation deals with the question of which, if any, moral principles could make obedience to the directives of the government a matter of obligation. What makes political obligation political has not received attention in the literature on the topic. In this article I argue that the lack of systematic reflection on what makes political obligation political is responsible for the failure of a number of influential theories of political obligation. I demonstrate this failure using (...)
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  • Legal and Moral Obligation.Matthew H. Kramer - 2005 - In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Blackwell. pp. 179--190.
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  • What We Owe to Distant Others.Leif Wenar - 2003 - Politics, Philosophy and Economics 2 (3):283-304.
    What morality requires of us in a world of poverty and inequality depends both on what our duties are in the abstract, and on what we can do to help. T.M. Scanlon's contractualism addresses the first question. I suggest that contractualism isolates the moral factors that frame our deliberations about the extent of our obligations in situations of need. To this extent, contractualism clarifies our common-sense understanding of our duties to distant others. The second, empirical question then becomes vital. What (...)
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  • What is so Special About Our Fellow Countrymen?Robert E. Goodin - 1988 - Ethics 98 (4):663-686.