Results for 'Political obligation'

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  1. 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 (...)
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  2. The Grammar of Political Obligation.Thomas Fossen - 2014 - Politics, Philosophy and Economics 13 (3):215-236.
    This essay presents a new way of conceptualizing the problem of political obligation. On the traditional ‘normativist’ framing of the issue, the primary task for theory is to secure the content and justification of political obligations, providing practically applicable moral knowledge. This paper develops an alternative, ‘pragmatist’ framing of the issue, by rehabilitating a frequently misunderstood essay by Hanna Pitkin and by recasting her argument in terms of the ‘pragmatic turn’ in recent philosophy, as articulated by Robert (...)
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  3. Rawls and "Duty-Based" Accounts of Political Obligation.Simon Cushing - 1999 - APA Newsletter on Law and Philosophy 99 (1):67-71.
    Rawls's theory of political obligation attempts to avoid the obvious flaws of a Lockean consent model. Rawls rejects a requirement of consent for two reasons: First, the consent requirement of Locke’s theory was intended to ensure that the liberty and equality of the contractors was respected, but this end is better achieved by the principles chosen in the original position, which order the basic structure of a society into which citizens are born. Second, "basing our political ties (...)
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  4. Farewell to Political Obligation: In Defense of a Permissive Conception of Legitimacy.Jiafeng Zhu - 2015 - Pacific Philosophical Quarterly 96 (3).
    In the recent debate on political legitimacy, we have seen the emergence of a revisionist camp, advocating the idea of ‘legitimacy without political obligation,’ as opposed to the traditional view that political obligation is necessary for state legitimacy. The revisionist idea of legitimacy is appealing because if it stands, the widespread skepticism about the existence of political obligation will not lead us to conclude that the state is illegitimate. Unfortunately, existing conceptions of ‘legitimacy (...)
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  5. 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 (...)
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  6. Francisco Suárez on Consent and Political Obligation.Daniel Schwartz - 2008 - Vivarium 46 (1):59-81.
    Interpreters disagree on the origin that Francisco Suárez assigns to political obligation and correlative political subjection. According to some, Suárez, as other social contract theorists, believes that it is the consent of the individuals that causes political obligation. Others, however, claim that for Suárez, political obligation is underived from the individuals' consent which creates the city. In support of this claim they invoke Suárez's view that political power emanates from the city by (...)
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  7. Political Obligation and the Particularity Problem: A Note on Markie.Uwe Steinhoff - manuscript
    P.J. Markie tries to solve the so-called particularity problem of natural duty accounts of political obligation, a problem which seems to make natural duty accounts implausible. I argue that Markie at best “dissolves” the problem: while his own natural duty account of political obligation still does not succeed in ensuring particularity, this is not an implausible but an entirely plausible implication of his account, thanks to the weakness of his concept of political obligation. The (...)
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  8. Citizenship, Political Obligation, and the Right-Based Social Contract.Simon Cushing - 1998 - Dissertation, University of Southern California
    The contemporary political philosopher John Rawls considers himself to be part of the social contract tradition of John Locke, Jean-Jacques Rousseau and Immanuel Kant, but not of the tradition of Locke's predecessor, Thomas Hobbes. Call the Hobbesian tradition interest-based, and the Lockean tradition right-based, because it assumes that there are irreducible moral facts which the social contract can assume. The primary purpose of Locke's social contract is to justify the authority of the state over its citizens despite the fact (...)
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  9.  58
    Acceptance, Fairness, and Political Obligation.Edward Song - 2012 - Legal Theory 18 (2):209-229.
    Among the most popular strategies for justifying political obligations are those that appeal to the principle of fairness. These theories face the challenge, canonically articulated by Robert Nozick, of explaining how it is that persons are obligated to schemes when they receive goods that they do not ask for but cannot reject. John Simmons offers one defense of the principle of fairness, arguing that people could be bound by obligations of fairness if they voluntarily accept goods produced by a (...)
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  10.  53
    Fairness, Self-Deception and Political Obligation.Massimo Renzo - 2014 - Philosophical Studies 169 (3):467-488.
    I offer a new account of fair-play obligations for non-excludable benefits received from the state. Firstly, I argue that non-acceptance of these benefits frees recipients of fairness obligations only when a counterfactual condition is met; i.e. when non-acceptance would hold up in the closest possible world in which recipients do not hold motivationally-biased beliefs triggered by a desire to free-ride. Secondly, I argue that because of common mechanisms of self-deception there will be recipients who reject these benefits without meeting the (...)
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  11. Political Authority and Obligation in Aristotle.Andres Rosler - 2005 - Oxford University Press.
    It is commonly held that Aristotle's views on politics have little relevance to the preoccupations of modern political theory with authority and obligation. Andres Rosler's original study argues that, on the contrary, Aristotle does examine the question of political obligation and its limits, and that contemporary political theorists have much to learn from him. Rosler takes his exploration further, considering the ethical underpinning of Aristotle's political thought, the normativity of his ethical and political (...)
  12.  85
    Consent, Freedom and Political Obligation.John Petrov Plamenatz - 1968 - Oxford University Press.
  13. Civil Disobedience and Political Obligation a Study in Christian Social Ethics.James F. Childress - 1971
     
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  14. Justice, Human Nature, and Political Obligation.M. A. Kaplan - 1976 - The Free Press.
     
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  15. The Authority of the State and the Political Obligation of the Citizen in Aristotle.Andrés Rosler - 1999
     
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  16. Locke, Rosseau, and the Idea of Consent an Inquiry Into the Liberal-Democratic Theory of Political Obligation.Jules Steinberg - 1978
     
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  17. Legal and Political Obligation: Classic and Contemporary Texts and Commentary.R. George Wright - 1992 - University Press of America.
  18. Is Political Obligation Necessary for Obedience? Hobbes on Hostility, War and Obligation.Thomas M. Hughes - 2012 - Teoria Politica 2:77-99.
    Contemporary debates on obedience and consent, such as those between Thomas Senor and A. John Simmons, suggest that either political obligation must exist as a concept or there must be natural duty of justice accessible to us through reason. Without one or the other, de facto political institutions would lack the requisite moral framework to engage in legitimate coercion. This essay suggests that both are unnecessary in order to provide a conceptual framework in which obedience to coercive (...)
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  19.  89
    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 (...)
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  20.  68
    Erkölcsi igazolás és politikai kötelezettség (Moral justification and political obligation).Attila Tanyi - 2004 - Journal of Legal Theory (Jogelmeleti Szemle) 5 (4).
    The paper focuses on John Rawls’ theory of political obligation. Rawls bases political obligation on our natural duties of justice, which are mediated to us by our sense of justice. Therefore the justification of political obligation also requires moral justification: the justification of the principles of justice. In the paper I first investigate that part of Rawls’ argument that has the role of justification: the method of reflective equilibrium. This method raises several problems, the (...)
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  21.  16
    Judith N Shklar as Theorist of Political Obligation.William E. Scheuerman - forthcoming - European Journal of Political Theory.
    The useful publication of Judith N Shklar's final undergraduate lectures at Harvard provides an opportunity to take a careful look at her reflections on political obligation, a matter always of gre...
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  22. 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 (...)
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  23. Political Obligation.George Klosko - 2011 - In The Oxford Handbook of the History of Political Philosophy. Oxford University Press.
    This is the first in-depth study of popular attitudes towards political obligations and how these are viewed by the state. Leading political theorist George Klosko provides a full defense of a theory of political obligation based on the principle of fairness, which is widely viewed as the strongest theory of obligation currently available.
     
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  24.  43
    Tacit Consent Without Political Obligation.James Furner - 2010 - Theoria: A Journal of Social and Political Theory 57 (124):54-85.
    'Tacit consent' has long interested historians of political thought and political philosophers, but its nuances nevertheless remain unappreciated. It has its roots in the Roman law concept of a 'tacit declaration of will'. Explicating this concept allows a new conception of tacit consent to be proposed, which I term the 'tacit declaration of consent'. The tacit declaration of consent avoids both the triviality of common sense views and a weakness in Hobbes' account. Unlike other contemporary philosophical accounts, it (...)
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  25. Rethinking Obligation: A Feminist Method for Political Theory. Cornell University Press, 1992.Nancy J. Hirschmann - 1992 - Cornell University Press.
    Critiques social contract theory from the perspective of feminist psychoanalytic and psychological theory and develops an alternative feminist understanding of obligation as rooted in an epistemology of connection. Utilizes a feminist standpoint theory approach, and contains a discussion of the relevance of postmodernism to feminist philosophy in general and standpoint theory in particular.
     
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  26.  39
    Political Obligation.Dudley Knowles - 2010 - Routledge.
    Political obligation is concerned with the clash between the individual's claim to self-governance and the right of the state to claim obedience.
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  27. 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: (...)
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  28.  93
    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. (...)
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  29. Group Membership and Political Obligation.Margaret Gilbert - 1993 - The Monist 76 (1):119-131.
    This is how A. John Simmons sets the scene for his discussion of political obligation in his book Moral Principles and Political Obligations, one of the best known contemporary philosophical treatments of the subject.
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  30.  32
    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 (...)
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  31. Political Obligation, Fairness, and Independence.Jonathan Wolff - 1995 - Ratio 8 (1):87-99.
    In the first section the problem of political obligation is motivated, and in Section 2 the core structure of the problem is laid bare. A recognition ofthis structure prompts reflection that the problem will appear very different to different thinkers, depending on their moral theories. It also invites the speculation that the problem will be incapable of solution on some moral theories while trivial on others. This polarity does reflect the state of much of the literature until fairly (...)
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  32. Political Obligation: A Critical Introduction.Dudley Knowles - 2009 - Routledge.
    Political obligation is concerned with the clash between the individual’s claim to self-governance and the right of the state to claim obedience. It is a central and ancient problem in political philosophy. In this authoritative introduction, Dudley Knowles frames the problem of obligation in terms of the duties citizens have to the state and each other. Drawing on a wide range of key works in political philosophy, from Thomas Hobbes, John Locke, David Hume and G. (...)
     
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  33.  70
    Reconsidering the “Actual Contract” Theory of Political Obligation.Margaret Gilbert - 1999 - Ethics 109 (2):236-260.
    Do people have obligations by virtue of the fact that a given country is their country? Actual contract theory says they do because they have agreed to act in certain ways. Contemporary philosophers standardly object in terms of the 'no agreement' objection and the 'not morally binding' objection. I argue that the 'not morally binding' objection is not conclusive. As for the 'no agreement' objection, though actual contract theory succumbs, a closely related plural subject theory of political obligation (...)
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  34.  18
    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 (...)
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  35.  54
    Natural Law, Consent, and Political Obligation.Mark C. Murphy - 2001 - Social Philosophy and Policy 18 (1):70-92.
    There is a story about the connection between the rise of consent theories of political obligation and the fall of natural law theories of political obligation that is popular among political philosophers but nevertheless false. The story is, to put it crudely, that the rise of consent theory in the modern period coincided with, and came as a result of, the fall of the natural law theory that dominated during the medieval period. Neat though it (...)
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  36. Political Obligation and the Particularity Problem.P. J. Markie - 2009 - Ratio 22 (3):322-337.
    Natural duty theorists of political obligation try to base a moral duty to obey the law on some natural duty, such as the duty to promote justice. Their critics say they confront an insurmountable obstacle in the particularity problem: Since natural duties do not bind us to some persons and institutions more strongly than to others, they cannot support a duty to one particular state or society. I solve the particularity problem, by developing a version of the (...) obligation thesis, giving a natural duty argument for it and showing that the particularity problem does not arise for the argument. I reply to some likely objections to my view. (shrink)
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  37.  21
    Content-Independence and Natural-Duty Theories of Political Obligation.Jiafeng Zhu - 2018 - Philosophy and Social Criticism 44 (1):61-80.
    This paper contends that the requirement of content independence poses a pressing challenge to natural-duty theories of political obligation, for it is unclear why subjects of a state should not discharge the background natural duty in proper ways other than obeying the law. To demonstrate the force of this challenge, I examine and refute three argumentative strategies to achieve content independence represented in recent notable natural-duty theories: by appealing to the epistemic advantages of the state in discharging a (...)
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  38.  25
    Fairness and Political Obligation.Brian Penrose - 2004 - South African Journal of Philosophy 23 (3):282-291.
    In this paper I offer a limited defence of “fairness” or “fair play” arguments for political obligation by focussing on one important critique of such arguments, that offered by A. John Simmons. I isolate Simmons's concentration on the idea of “accepting” benefits and argue that, among other difficulties, his criteria for when we can be said to accept a benefit from our political communities are too restrictive. While the scope of the discussion is narrow, I try to (...)
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  39.  49
    Associative Political Obligation as Community Integrity.Nina Brewer‐Davis - 2015 - Journal of Value Inquiry 49 (1-2):267-279.
    IntroductionAssociative theories of political obligation offer a fresh alternative to approaches such as social contract theory, fair play, and the natural duty of justice. Few suggestions in ethics are more intuitive than the idea that we have special obligations to our family and friends, just in virtue of our relationships with them, and it is reasonable that obligations to political society are also grounded through association.A basic question for associative theories is to explain how associations give rise (...)
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  40.  32
    The Natural Basis of Political Obligation.George Klosko - 2001 - Social Philosophy and Policy 18 (1):93-114.
    Though questions of political obligation have long been central to liberal political theory, discussion has generally focused on voluntaristic aspects of the individual's relationship to the state, as opposed to other factors through which the state is able to ground compliance with its laws. The individual has been conceptualized as naturally without political ties, whether or not formally in a state of nature, and questions of political obligation have centered on accounting for political (...)
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  41.  42
    Morality and Political Obligation.Y. V. Satyanarayana - 2008 - Proceedings of the Xxii World Congress of Philosophy 3:103-110.
    The most important moral question concerned with the problem of political obligation relates to the limits of obedience of a citizen owed to the state. The problem of political obligation raises the questions such as – (1) To what extent the citizen has an obligation to obey the laws of the state? (2) Is the citizen of a state, whether democratic or otherwise, under an obligation to obey the unjust laws of the state? There (...)
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  42.  22
    On the Nature of Political Obligation.A. P. D'Entrèves - 1968 - Philosophy 43 (166):309 - 323.
    The phrase, ‘political obligation’, is far more popular in English than in other European languages. Whether this may be due to historical circumstances, or to a peculiar bent of the English mind, is a fascinating question; but it is not the one which I propose to discuss here today. I am mentioning it only to explain the choice of my subject, a subject which would probably sound rather uncommon to an Italian audience, but which, I am sure, has (...)
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  43.  67
    Locke on Political Obligation.John Kilcullen - unknown
    Much has been written about Locke 's Second Treatise,[Note 1] but still, I believe, the book's main line of argument has been left unclear. Some concepts need more prominence---the duty to preserve mankind, the right of war, and private judgment; others need less---consent, majority rule, and property. Locke 's aim was not to show that political obligation rests upon consent: that is assumed without argument.[Note 2] What he set out to prove is that there are certain limits to (...)
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  44.  23
    Farewell to Political Obligation: In Defense of a Permissive Conception of Legitimacy.Jiafeng Zhu - 2017 - Pacific Philosophical Quarterly 98 (3):449-469.
    In the recent debate on political legitimacy, we have seen the emergence of a revisionist camp, advocating the idea of ‘legitimacy without political obligation,’ as opposed to the traditional view that political obligation is necessary for state legitimacy. The revisionist idea of legitimacy is appealing because if it stands, the widespread skepticism about the existence of political obligation will not lead us to conclude that the state is illegitimate. Unfortunately, existing conceptions of ‘legitimacy (...)
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  45.  34
    Displacement and Gratitude: Accounting for the Political Obligation of Refugees.Jason D'Cruz - 2014 - Ethics and Global Politics 7 (1):1-17.
    On what basis, and to what extent, are refugees obligated to obey the laws of their host countries? Consideration of the specific case of asylum-seekers generates, I think, two competing intuitions: the refugee has a prima facie obligation to obey the laws of her host country and none of the popularly canvassed substrates of political obligation—consent, tacit consent, fairness, or social role—is at all apt to explain the presence of this obligation. I contend that the unfashionable (...)
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  46.  33
    Political Obligation, Dirty Hands and Torture; A Moral Evaluation.H. van Erp - 2013 - South African Journal of Philosophy 32 (1):109-122.
    The example of a political leader who has to decide whether he would allow the torture of a suspect in order to get information about a ticking bomb has become notorious in ethical discussions concerning the tension between moral principles and political necessity. The relation between these notions must be made as clear as possible before a sincere moral evaluation of ticking bomb situations can be given. The first section of this article considers whether the concept of (...) obligation is different from moral and legal obligations or whether it is a special kind of moral obligation. In the second section, the idea that the dirty hands problem confronts us with the ambiguities of moral life is rejected because it would imply an untenable moral paradox. The thesis that is developed is, namely, if there is such a thing as political necessity, it must be some form of moral obligation. The third section analyses the concept of political necessity and concludes that it cannot overrule basic moral principles and that the international legal prohibition of torture must be considered to be a categorical imperative. In the last section, these ideas concerning political and moral necessity are brought in against the defence of torture, which should be tolerated in the ‘War on Terror’. There it will be argued that the use of the ticking bomb argument not only supports a highly hypocrite political practice but is also deceptive as a moral and political argument. (shrink)
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  47.  28
    A Utilitarian Account of Political Obligation.Brian Collins - 2014 - Dissertation, The University of Iowa
    One of the core issues in contemporary political philosophy is concerned with `political obligation.' Stated in an overly simplified way, the question being asked when one investigates political obligation is, "What, if anything, do citizens owe to their government and how are these obligations generated if they do exist?" The majority of political philosophers investigating this issue agree that a political obligation is a moral requirement to act in certain ways concerning (...) matters. Despite this agreement about the general nature of what is being searched for, a broad division has arisen between political obligation theorists - there are some who take political obligations to actually exist and there are some who take there to be no general political obligation. While there is debate within the camp defending political obligation about what it is that generates the obligations, the common core of all "defender theories" is the fundamental idea that one has a moral requirement to support and obey the political institutions of one's country. Despite utilitarianism's status as one of the major ethical theories, historically, it has largely been dismissed by theorists concerned with political obligation. Within the contemporary debate it is generally accepted that utilitarianism cannot adequately accommodate a robust theory of political obligation. The overarching objective of this dissertation is to challenge this general dismissal of a utilitarian account and to build upon the two accounts which have been developed in offering a robust utilitarian theory of political obligation which can be considered a competitor to the other contemporary theories. However, as this utilitarian account of political obligation develops, the possibility will also emerge for a non-antagonistic relationship between the utilitarian theory on offer and the contemporary political obligation debate. The moral reasons posited by the traditional theories of political obligation can be included in and accommodated by my utilitarian account. The utilitarian account of political obligation can accept that there are many types of reasons explaining why broad expectations concerning individual and group behavior are created, and each type of reason can be understood as supporting the utilitarian claim that there are moral reasons for following the laws and supporting legitimate political authorities. Taken all together, my arguments will take the form of a three tiered response to the prevailing opinion that any utilitarian attempt to account for political obligations is doomed. The first tier contends that the utilitarian can consistently claim that there are moral reasons to follow the law. This is not a particularly strong claim, but it is one which has been denied by the vast majority of political theorists. The second tier of my argument addresses this apparent issue by contending that even the traditional deontological accounts of political obligation are not offering more than this. Lastly, it is contended that, given the contingent features of humans, the strength of the utilitarian political obligations is comparable to other accounts' analyses of the obligations. (shrink)
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  48.  29
    The Political Obligation To Donate Organs.Govert Den Hartogh - 2013 - Ratio Juris 26 (3):378-403.
    The first question I discuss in this paper is whether we have a duty of rescue to make our organs available for transplantation after our death, a duty we owe to patients suffering from organ failure. The second question is whether political obligations, in particular the obligation to obey the law, can be derived from natural duties, possibly duties of beneficence. Such duties are normally seen as merely imperfect duties, not owed to anyone. The duty of rescue, however, (...)
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  49. Lectures on the Principles of Political Obligation and Other Writings.Paul Harris & John Morrow (eds.) - 1986 - Cambridge University Press.
    This book contains the political writing of T. H. Green and selections from those of his ethical writings which bear on his political philosophy. Green's best known work, Lectures on the Principles of Political Obligation, is included in full, as are the essay on freedom and the lecture 'Liberal Legislation and Freedom of Contract'. There are also extracts from Green's lectures on the English Revolution and from the Prolegomena to Ethics, and a number of previously unpublished (...)
     
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  50. The Deep Problem with Voluntaristic Theories of Political Obligation.Mikhail Valdman - 2010 - American Philosophical Quarterly 47 (3):267-78.
    Voluntaristic theories of political obligation claim that a citizen's moral obligation to obey his state's laws is grounded in his voluntary undertakings or agreements. Two of this view's more popular varieties are consent theories and reciprocation theories, the former grounding a citizen's political obligation in a promise and the latter grounding it in the acceptance or the receipt of the benefits of social cooperation. A common objection to these theories is that they cannot justify (...) obligation because the actual relationship between citizens and their state is insufficiently voluntary. (shrink)
     
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