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Kevin Walton
University of Sydney
  1.  15
    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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  2.  16
    Lon L. Fuller on Political Obligation.Kevin Walton - 2018 - American Journal of Jurisprudence 63 (2):175-188.
    In his debate with H.L.A. Hart, Lon L. Fuller criticizes legal positivism for its inability to account for the moral obligation to obey the law, an obligation in which he and, he thinks, most others, including legal positivists, believe. He assumes that his alternative conception of law is not similarly flawed. In this paper, I ask whether his assumption is warranted. My topic, therefore, is Fuller's contribution to the philosophical debate about “political obligation.” Participants in the debate have neglected his (...)
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  3.  50
    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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  4.  57
    A Realistic Vision? Roberto Unger on Law and Politics.Kevin Walton - 1999 - Res Publica 5 (2):139-159.
    This paper considers Roberto Unger's views on legal reasoning. His account is defended against two misplaced attacks. The first critique is by Emilios Christodoulidis. Using the language of systems theory, Christodoulidis contends that Unger's programme of democratic experimentalism cannot be achieved through law, as the constitutive structure of the legal system is immune to politics. Christodoulidis accuses Unger of attempting to reduce law to politics. It will be argued, however, that Unger does no such thing. The second attack holds that (...)
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  5.  5
    Gerald Postema on ‘Genuinely Philosophical Jurisprudence’.Kevin Walton - 2017 - Jurisprudence 8 (3):604-608.
  6.  8
    Legal Philosophy and the Social Sciences: The Potential for Complementarity.Kevin Walton - 2015 - Jurisprudence 6 (2):231-251.
    In this paper, I argue that dialogue between legal philosophers and social scientists can be mutually beneficial. Nicola Lacey offers a vision of jurisprudence that supposes as much. I start by setting out my interpretation of her view. I then defend its potential, which she takes for granted, from the challenges posed by, first, an apparent friend—Brian Leiter—and, second, obvious adversaries—Joseph Raz and others. My response proposes an alternative to their conceptions of legal philosophy, one that is consistent with my (...)
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  7. Legitimacy: The State and Beyond.Wojciech Sadurski, Michael Sevel & Kevin Walton (eds.) - 2019 - Oxford University Press.
    Traditionally, political legitimacy has been associated exclusively with states. But are states actually legitimate? And why should discussions of legitimacy focus only on the nation-state? This volume explores how legitimacy is intertwined with notions of statehood and how it reaches beyond the state into supranational institutions.
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  8. Human Rights as Moral Rights.Kevin Walton - 2013 - In Human Rights: Old Problems, New Possibilities. Cheltenham, UK: pp. 27-39.
     
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  9. Human Rights: Old Problems, New Possibilities.Kevin Walton - 2013
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  10. Is Democracy Sufficient for Political Obligation?Kevin Walton - 2015 - Canadian Journal of Law and Jurisprudence 28 (2):425-442.
    This paper examines the apparently widespread belief that the democratic pedigree of a state implies a moral obligation to obey its laws. The analysis focuses on the work of Ronald Dworkin, who is, perhaps surprisingly, alone among theorists of democracy in claiming that those whom the law addresses are morally bound to obey it whenever it is democratic. From Dworkin’s expansive conception of democracy, political obligation follows. But democracy should not be construed so widely. Rather, it ought to be conceived (...)
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  11. Jurisprudential Methodology: Is Pure Interpretation Possible?Kevin Walton - 2013 - In José Juan Moreso and Diego M. Papayannis Jordi Ferrer Beltrán (ed.), Neutrality and Theory of Law. Dordrecht, Netherlands: pp. 255-273.
     
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  12. Moral Obligations: A Response to Campbell.Kevin Walton - 2017 - Australian Journal of Legal Philosophy 42:256-265.
     
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  13. Neutrality and Theory of Law.Kevin Walton - 2013
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