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  1. Understanding the Political Defensive Privilege.Patrick Emerton & Toby Handfield - 2014 - In Cecile Fabre & Seth Lazar (eds.), The Morality of Defensive War. Oxford University Press. pp. 40-65.
    Nations are understood to have a right to go to war, not only in defense of individual rights, but in defense of their own political standing in a given territory. This paper argues that the political defensive privilege cannot be satisfactorily explained, either on liberal cosmopolitan grounds or on pluralistic grounds. In particular, it is argued that pluralistic accounts require giving implausibly strong weight to the value of political communities, overwhelming the standing of individuals. Liberal cosmopolitans, it is argued, underestimate (...)
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  2. Order and Affray: Defensive Privileges in Warfare.Toby Handfield & Patrick Emerton - 2009 - Philosophy and Public Affairs 37 (4):382 - 414.
    Just war theory is a difficult, even paradoxical, philosophical topic. It is not just that warfare involves large-scale, organised, deliberate killing, and hence might seem the very paradigm of immorality. The just war tradition sharply divorces the question of whether or not it is permissible to resort to war – the question of jus ad bellum – from the question of how and against whom one may inflict harm once at war – the question of jus in bello. As Michael (...)
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    Humanitarian Intervention and the Modern State System.Patrick Emerton & Toby Handfield - 2015 - The Oxford Handbook of Ethics and War.
    This chapter argues that, because humanitarian intervention typically involves the military of one state attempting to overthrow another state ’s government, it gives rise to different moral questions from simple cases of interpersonal defensive violence. State sovereignty not only protects institutions within a society that contribute to the satisfaction of individuals’ interests and that cannot be easily restored once overthrown; it also plays a role in the constitution of those interests, which cannot be assumed to be invariant across different forms (...)
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  4. Naturalising Natural Law? Reflections on Martin Krygier's Philip Selznick: Ideals in the World and Kristen Rundle's Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller.Patrick Emerton - unknown
     
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  5. Comment on Law and Irresponsibility.Patrick Emerton - unknown
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  6. International Economic Justice: Is a Principled Liberalism Possible?Patrick Emerton - unknown
     
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  7. Emergency Powers in Australia.Hoong Phun Lee, Michael W. R. Adams, Colin Campbell & Patrick Emerton - 2018 - Cambridge University Press.
    Democratic countries, such as Australia, face the dilemma of preserving public and national security without sacrificing fundamental freedoms. In the context where the rule of law is an underlying assumption of the constitutional framework, Emergency Powers in Australia provides a succinct analysis of the sorts of emergency which have been experienced in Australia and an evaluation of the legal weapons available to the authorities to cope with these emergencies. It analyses the scope of the defence power to determine the constitutionality (...)
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