It has been claimed that decisions reached democratically have the consent of those subject to them. It will be shown that arguments for this view rest on either a Kantian or a utilitarian conception of consent. When the distinct nature of these arguments is kept clearly in mind, it becomes apparent that little remains of any of them. Nothing remains of the argument based on the Kantian conception, at least in so far as it is used to support the view (...) that democratic government rests on the consent of the governed. Though something remains of the arguments based on the utilitarian conception, what remains is not what they often are thought to establish. The spurious plausibility of consent arguments for democracy is due to switches between the Kantian conception of consent and the utilitarian. (shrink)

D. A. Lloyd Thomas; VIII—Political Decision Procedures1, Proceedings of the Aristotelian Society, Volume 70, Issue 1, 1 June 1970, Pages 141–160, https://doi.or.

"These essays make a splendid book. Ignatieff's lectures are engaging and vigorous; they also combine some rather striking ideas with savvy perceptions about actual domestic and international politics.

Within child and adolescent psychiatry, there are a number of potential dilemmas pertaining to diagnosis, treatment, the protection of the child, as well as the child's own developing intelligence and moral judgement. Diagnostic Dilemmas in Child and Adolescent Psychiatry is the first in the IPPP series to explore this highly complex topic.

D. A. Lloyd Thomas; VIII—Political Decision Procedures1, Proceedings of the Aristotelian Society, Volume 70, Issue 1, 1 June 1970, Pages 141–160, https://doi.or.

This Article examines the genesis and evolution of the Restatements of Property. The author argues that, while the Restatement (First) of Property took as its original purpose to restate the law, in the course of its creation it was turned to reform. Subsequent Restatements of Property are dedicated almost wholly to reform. The author concludes that this shift in objectives has sparked criticism and rendered these works of less value and interest to the legislatures, bench and the bar, which have (...) largely ignored the property Restatements. (shrink)

This series of three articles describes the history of land law shared by the British and American legal systems, and how and why these legal traditions have diverged from each other in modern times. This Article - part 1 in this series - describes the emerging customs and laws regarding land rights among early inhabitants of Britain, and how succeeding invasions and occupation by Celtic, Roman, Germanic, and Norman peoples altered these customs and laws. The Article details the profound changes (...) in land law worked by massive economic changes in early British society, including sociological occurrences such as the Black Death, and the adoption of laws, such as the Statute of Uses in 1536. (shrink)

If the world were wholly just, the following inductive definition would exhaustively cover the subject of justice in holdings.1. A person who acquires a holding in accordance with the principle of justice in acquisition is entitled to that holding.2. A person who acquires a holding in accordance with the principle of justice in transfer, from someone else entitled to the holding, is entitled to the holding.3. No one is entitled to a holding except by applications of i and 2.The complete (...) principle of distributive justice would say simply that a distribution is just if everyone is entitled to the holdings they possess under the distribution. (shrink)

It first needs to be shown that this question raises a problem, for many people think it is answered, or at least dissolved, in the following way. There are two independent ways of answering the question “Why should I do X?”; one ultimately in terms of what I want to do, the other ultimately in terms of what I morally ought to do. Thus showing that I morally ought to do something is a final justification of a course of action. (...) No answer can be given to the further question “Given that X is what I morally ought to do, why ought I to do X?”. No further moral reasons can be given as ex hypothese the final moral reasons have already been given. As it is denied that moral reasons can be reduced to reasons in terms of what I want to do, the only other possible kind of reason has been ruled out also. This, however, is said net to matter, because moral reasons are not in need cf any further justification. Moral considerations simply are reasons for action just as much as wanting to do something simply is a reason for doing it. (shrink)

There are a number of grounds for criticizing what the state requires of one, and for thinking that one no longer has an obligation to obey it. I will begin by attempting to locate liberalism amongst such grounds. It is useful for this purpose to contrast two headings under which these grounds may fall. Firstly, there are criticisms concerning the content of the requirements of the state. In this case exception is taken to what it is that the law requires (...) quite apart from the process by which it was arrived at. If Jews are legally prevented from practising certain professions, and objection is taken because no state should make laws debarring persons from certain professions on religious grounds, the objection is one of content. Secondly, there are grounds concerning the procedure by which a decision was reached. If it is thought that the British Government ought not to have signed the Treaty of Rome because no referendum was taken on whether the electorate wanted Britain to join, exception is taken to the procedure by which this decision was made. The objection could be made by one who thought that British entry was the best policy. liberalism lays down principles concerning the permissible content of what is required by the state. (shrink)

Mill says that the object of his essay On Liberty is to defend a certain principle, which I will call the ‘liberty principle’, and will take to say the following: ‘It is permissible, in principle, for the state or society to control the actions of individuals “only in respect to those actions of each, which concern the interest of other people”’. The liberty principle is a prescription of intermediate generality. Mill intends it to support more specific political prescriptions, such as (...) liberty of conscience, of expressing and publishing opinions, of framing a plan of life to suit our own character, and of combination for any purpose not involving harm to others . The liberty principle is more general than these prescriptions but less general than its possible moral foundations, such as utilitarianism. My concern will be with attempts to defend the liberty principle by showing it to be supported by an acceptable moral position. (shrink)

Mill says that the object of his essay On Liberty is to defend a certain principle, which I will call the ‘liberty principle’, and will take to say the following: ‘It is permissible, in principle, for the state or society to control the actions of individuals “only in respect to those actions of each, which concern the interest of other people”’. The liberty principle is a prescription of intermediate generality. Mill intends it to support more specific political prescriptions, such as (...) liberty of conscience, of expressing and publishing opinions, of framing a plan of life to suit our own character, and of combination for any purpose not involving harm to others. The liberty principle is more general than these prescriptions but less general than its possible moral foundations, such as utilitarianism. My concern will be with attempts to defend the liberty principle by showing it to be supported by an acceptable moral position. (shrink)

If the world were wholly just, the following inductive definition would exhaustively cover the subject of justice in holdings.1. A person who acquires a holding in accordance with the principle of justice in acquisition is entitled to that holding.2. A person who acquires a holding in accordance with the principle of justice in transfer, from someone else entitled to the holding, is entitled to the holding.3. No one is entitled to a holding except by applications of i and 2.The complete (...) principle of distributive justice would say simply that a distribution is just if everyone is entitled to the holdings they possess under the distribution. (shrink)

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In this essay an ‘objective’ account of intrinsic value is proposed and partly defended. It is claimed that a kind of value exists which is, or may reasonably be supposed to be, a property of certain objects. The presence of such value is not to be wholly accounted for as the ‘projection’ of certain human feelings elicited by the object thought to be of value, nor by the object's meeting certain operative human conventions prescribing what is to be admired, nor (...) by its being conformable, in some way, to human needs or desires. Hume, of course, would have none of this. It is hoped to show that if one adopts Hume's account, then his attempt to show that there nevertheless will be convergence in the long run as to what is of aesthetic value is forced and unsuccessful. By contrast, on the ‘objective’ account convergence is to be expected. This, of course, only shows the superiority of the ‘objective’ account so long as there is an expectation of long-term convergence. This is not an expectation of most contemporary value ‘subjectivists’, and therefore the argument will not be directly relevant to their positions. (shrink)