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  1. The Philosophy of International Law.Samantha Besson & John Tasioulas (eds.) - 2010 - Oxford University Press.
    The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, ...
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  2.  1
    The Morality of Conflict: Reasonable Disagreement and the Law.Samantha Besson - 2005 - Hart.
    This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There is (...)
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  3.  18
    Legitimate Actors of International Law-Making: Towards a Theory of International Democratic Representation.Samantha Besson & José Luis Martí - 2018 - Jurisprudence 9 (3):504-540.
    ABSTRACTThis article addresses the identity of the legitimate actors of international law-making from the perspective of democratic theory. It argues that both states or state-based international organisations, and civil society actors should be considered complementary legitimate actors of international law-making. Unlike previous accounts, our proposed model of representation, the Multiple Representation Model, is based on an expanded, democratic understanding of the principle of state participation: it is specifically designed to palliate the democratic deficits of more common versions of the Principle (...)
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  4.  94
    Theorizing the Sources of International Law.Samantha Besson - 2010 - In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. Oxford University Press.
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  5.  19
    Legal Republicanism: National and International Perspectives.Samantha Besson & Jos Luis Mart (eds.) - 2009 - Oxford University Press.
    Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. Legal Republicanism is the first book to offer a comprehensive, critical survey of the potential for creating republican accounts of fundamental issues in law and legal theory.
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  6.  16
    The Bearers of Human Rights’ Duties and Responsibilities for Human Rights: A Quiet Evolution?Samantha Besson - 2015 - Social Philosophy and Policy 32 (1):244-268.
    :Recent years have seen an increase of interest on the part of human rights theorists in the “supply-side” of human rights, i.e., in the duties or obligations correlative to human rights. Nevertheless, faced with the practically urgent and seemingly simple question of who owes the duties related to international human rights, few human rights theorists provide an elaborate answer. While some make a point of fitting the human rights practice and hence regard states as the sole human rights duty-bearers merely (...)
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  7.  45
    Review Article: Democracy, Law and Authority.Samantha Besson - 2005 - Journal of Moral Philosophy 2 (1):89-99.
  8.  2
    Sovereign States and Their International Institutional Order: Carrying Forward Dworkin’s Work on the Political Legitimacy of International Law.Samantha Besson - 2020 - Jus Cogens 2 (2):111-138.
    International law’s legitimacy has come under serious attack lately, including, and maybe even more so, in regimes considered democratic. Reading Dworkin’s New Philosophy for International Law in the current context is a timely reminder of the centrality of the political legitimacy of international law. Interestingly, indeed, his account does not succumb to the cosmopolitan ideal of an international political community. Nor is it reducible to a concern for domestic justice in which political legitimacy is only self-regarding. By revisiting seventeenth century (...)
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  9.  28
    Human Rights and Democracy in a Global Context: Decoupling and Recoupling.Samantha Besson - 2011 - Ethics and Global Politics 4 (1):19-50.
    Human rights and democracy have been regarded as a mutually reinforcing couple by many political theorists to date. The internationalisation of human rights post-1945 is often said to have severed those links, however. Accounting for the legitimacy of international human rights requires exploring how human rights and democracy, once they have been decoupled or disconnected, can be recoupled or reunited across governance levels and maybe even at the same governance level albeit beyond the state. The article does so in three (...)
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  10.  4
    International Law's Relative Authority. [REVIEW]Samantha Besson - 2015 - Jurisprudence 6 (1):169-176.
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  11.  58
    Toward European Citizenship.Samantha Besson & André Utzinger - 2008 - Journal of Social Philosophy 39 (2):185–208.
  12.  16
    Book Review: The Spirit of Compromise. Why Governing Demands It and Campaigning Undermines It, by Amy Gutmann and Dennis ThompsonGutmannAmyThompsonDennis, The Spirit of Compromise. Why Governing Demands It and Campaigning Undermines It, Princeton: Princeton University Press2012, 256 Pp. [REVIEW]Samantha Besson - 2014 - Political Theory 42 (2):228-232.
  13.  38
    Democracy, Law and Authority, Review of Lukas Meyer, Stanley Paulson and Thomas Pogge (Eds), Rights, Culture and the Law: Themes From the Legal and Political Philosophy of Joseph Raz.Samantha Besson - forthcoming - Journal of Moral Philosophy.
  14.  19
    Four Arguments Against Compromising Justice Internally.Samantha Besson - 2003 - Oxford Journal of Legal Studies 23 (2):211-241.
    This article examines whether legal compromise on matters of justice amounts to a desirable response to the problem raised by reasonable pluralism in politics. Attitudes toward compromise are ambiguous: it is generally seen as much as a valuable technique for settling conflicts by mutual accommodation as a prejudicial concession of one's integrity. The article aims to resolve this paradox by distinguishing cases where compromises of principle cannot be tolerated from those in which they can be. By developing Ronald Dworkin's distinction (...)
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  15. Legal Republicanism: National and International Perspectives.Samantha Besson & José Luis Martí (eds.) - 2009 - Oxford University Press UK.
    Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. Legal Republicanism is the first book to offer a comprehensive, critical survey of the potential for creating republican accounts of fundamental issues in law and legal theory.
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  16. Ubi Ius, Ibi Civitas: A Republican Account of the International Community.Samantha Besson - 2009 - In Samantha Besson & José Luis Martí (eds.), Legal Republicanism: National and International Perspectives. Oxford University Press.
     
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