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William A. Edmundson [57]William Atkins Edmundson [2]
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William A. Edmundson
Georgia State University
  1.  21
    John Rawls: Reticent Socialist.William A. Edmundson - 2017 - Cambridge University Press.
    This book is the first detailed reconstruction of the late work of John Rawls, who was perhaps the most influential philosopher of the twentieth century. Rawls's 1971 treatise, A Theory of Justice, stimulated an outpouring of commentary on 'justice-as-fairness,' his conception of justice for an ideal, self-contained, modern political society. Most of that commentary took Rawls to be defending welfare-state capitalism as found in Western Europe and the United States. Far less attention has been given to Rawls's 2001 book, Justice (...)
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  2. State of the Art: The Duty to Obey the Law.William A. Edmundson - 2004 - Legal Theory 10 (4):215–259.
  3.  3
    An Introduction to Rights.William A. Edmundson - 2006 - Cambridge University Press.
    Rights come in various types - human, moral, civil, political and legal - and claims about who has a right, and to what, are often contested. What are rights? Are they timeless and universal, or merely conventional? How are they related to other morally significant values, such as well-being, autonomy, and community? Can animals have rights? Or fetuses? Do we have a right to do as we please so long as we do not harm others? This is the only accessible (...)
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  4. Political Authority, Moral Powers and the Intrinsic Value of Obedience.William A. Edmundson - 2010 - Oxford Journal of Legal Studies 30 (1):179-191.
    Three concepts—authority, obedience and obligation—are central to understanding law and political institutions. The three are also involved in the legitimation of the state: an apology for the state has to make a normative case for the state’s authority, for its right to command obedience, and for the citizen’s obligation to obey the state’s commands. Recent discussions manifest a cumulative scepticism about the apologist’s task. Getting clear about the three concepts is, of..
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  5. Three Anarchical Fallacies: An Essay on Political Authority.William A. Edmundson - 2000 - Mind 109 (436):896-900.
    How is a legitimate state possible? Obedience, coercion and intrusion are three ideas that seem inseparable from all government and seem to render state authority presumptively illegitimate. This book exposes three fallacies inspired by these ideas and in doing so challenges assumptions shared by liberals, libertarians, cultural conservatives, moderates and Marxists. In three clear and tightly argued essays William Edmundson dispels these fallacies and shows that living in a just state remains a worthy ideal. This is an important book for (...)
     
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  6. Because I Said So.William A. Edmundson - 2013 - Problema: Anuario de Filosofía y Teoría Del Derecho 7:41-61.
    Political authority is the moral power to impose moral duties upon a perhaps unwilling citizenry. David Enoch has proposed that authority be understood as a matter of "robust" duty-giving. This paper argues that Enoch's conditions for attempted robust duty- or reason-giving are, along with his non-normative success condition, implausibly strong. Moreover, Enoch's attempt and normative- success conditions ignore two facts. The first is that success requires that citizens be tolerant of modest errors by the authority, which means that, in conditions (...)
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  7. Legitimate Authority Without Political Obligation.William A. Edmundson - 1998 - Law and Philosophy 17 (1):43 - 60.
    It is commonly supposed that citizens of a reasonably just state have a prima facie duty to obey its laws. In recent years, however, a number of influential political philosophers have concluded that there is no such duty. But how can the state be a legitimate authority if there is no general duty to obey its laws? This article is an attempt to explain how we can make sense of the idea of legitimate political authority without positing the existence of (...)
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  8.  8
    Three Anarchical Fallacies: An Essay on Political Authority.William A. Edmundson - 1998 - Cambridge University Press.
    How is a legitimate state possible? Obedience, coercion and intrusion are three ideas that seem inseparable from all government and seem to render state authority presumptively illegitimate. This book exposes three fallacies inspired by these ideas and in doing so challenges assumptions shared by liberals, libertarians, cultural conservatives, moderates and Marxists. In three clear and tightly argued essays William Edmundson dispels these fallacies and shows that living in a just state remains a worthy ideal. This is an important book for (...)
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  9.  45
    What Are “The Means of Production”?William A. Edmundson - 2020 - Journal of Political Philosophy 28 (4):421-437.
    Journal of Political Philosophy, EarlyView.
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  10. Consent and Its Cousins.William A. Edmundson - 2011 - Ethics 121 (2):335-53.
    Consent theories of political obligation draw upon the unique powers consent exhibits in everyday dealings, but they are frustrated by the "problem of massive nonconsent." Expansions of what is counted as consent, such as tacit or hypothetical consent, have seemed untrue to the core concept of giving willing consent. David Estlund proposes a novel conception, "normative consent," to address the problem of massive nonconsent while being true to "the idiom of consent." This comment details consent’s virtues and shows that consent (...)
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  11.  55
    The Virtue of Law-Abidance.William A. Edmundson - 2006 - Philosophers' Imprint 6:1-21.
    The last half-century has seen a steady loss of confidence in the defensibility of a duty to obey the law — even a qualified, pro tanto duty to obey the laws of a just or nearly just state. Over roughly the same period, there has been increasing interest in virtue ethics as an alternative to the dominant consequentialist and deontological approaches to normative ethics. Curiously, these two tendencies have so far only just barely linked up. Although there has been discussion (...)
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  12.  21
    Is Law Coercive?: William A. Edmundson.William A. Edmundson - 1995 - Legal Theory 1 (1):81-111.
    That law is coercive is something we all more or less take for granted. It is an assumption so rooted in our ways of thinking that it is taken as a given of social reality, an uncontroversial datum. Because it is so regarded, it is infrequently stated, and when it is, it is stated without any hint of possible complications or qualifications. I will call this the “prereflective view,” and I want to examine it with the care it deserves.
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  13.  9
    Legitimate Authority Without Political Obligation.William A. Edmundson - 1998 - Law and Philosophy 17 (1):43-60.
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  14.  7
    The Duty to Obey the Law: Selected Philosophical Readings.William Atkins Edmundson (ed.) - 1998 - Rowman & Littlefield Publishers.
    The question 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number (...)
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  15. Do Animals Need Rights?William A. Edmundson - 2014 - Journal of Political Philosophy 22 (2):345-360.
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  16. Shmegality: A Review of Scott J Shapiro, Legality. [REVIEW]William A. Edmundson - 2011 - Jurisprudence 2 (1):273-291.
  17. Schmegality. [REVIEW]William A. Edmundson - 2011 - Jurisprudence 2 (1):273-291.
    This is a review essay on Scott J. Shapiro's Legality, published in 2011 by Harvard U.P.
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  18.  21
    10. Larry May, Genocide: A Normative Account Larry May, Genocide: A Normative Account (Pp. 465-469).David Copp, Gerald Gaus, Henry S. Richardson, William A. Edmundson, David Estlund & Edward Slingerland - 2011 - Ethics 121 (2):301-334.
  19.  51
    Charlie Hebdo Meets Utility Monster.William A. Edmundson - forthcoming - The Critique.
    The Charlie Hebdo massacre in January 2015 and the subsequent attacks of November 13 cast a garish light onto a conundrum at the center of how liberal democracies understand themselves. The Syrian emigrant crisis has added further color. How can a tolerant, liberal political culture tolerate the presence of intolerant, illiberal, sub-cultures while remaining true to its principles of tolerance? The problem falls within the intersection of two developments in the thinking of John Rawls, the great American political philosopher who (...)
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  20. Ought We to Do What We Ought to Be Made to Do?William A. Edmundson - forthcoming - In Georgios Pavlakos Veronica Rodriguez-Blanco (ed.), Practical Normativity. Essays on Reasons and Intentions in Law and Practical Reason. Cambridge University Press.
    The late Jerry Cohen struggled to reconcile his egalitarian political principles with his personal style of life. His efforts were inconclusive, but instructive. This comment locates the core of Cohen’s discomfort in an abstract principle that connects what we morally ought to be compelled to do and what we have a duty to do anyway. The connection the principle states is more general and much tighter than Cohen and others, e.g. Thomas Nagel, have seen. Our principles of justice always put (...)
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  21.  54
    Rethinking Exclusionary Reasons: A Second Edition of Joseph Raz's. [REVIEW]William A. Edmundson - 1993 - Law and Philosophy 12 (3):329-343.
  22. Politics in a State of Nature.William A. Edmundson - 2013 - Ratio Juris 26 (2):149-186.
    Aristotle thought we are by nature political animals, but the state-of-nature tradition sees political society not as natural but as an artifice. For this tradition, political society can usefully be conceived as emerging from a pre-political state of nature by the exercise of innate normative powers. Those powers, together with the rest of our native normative endowment, both make possible the construction of the state, and place sharp limits on the state's just powers and prerogatives. A state-of-nature theory has three (...)
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  23. Why Legal Theory is Political Philosophy.William A. Edmundson - 2013 - Legal Theory 19 (4):331-346.
    The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to (...)
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  24. The Blackwell Guide to the Philosophy of Law and Legal Theory.Martin P. Golding & William A. Edmundson (eds.) - 2004 - Wiley-Blackwell.
  25. The Property Question.William A. Edmundson - manuscript
    The “property question” is the constitutional question whether a society’s basic resources are to be publicly or privately owned; that is, whether these basic resources are to be available to private owners, perhaps subject to tax and regulation, or whether instead they are to be retained in joint public ownership, and managed by democratic processes. James Madison’s approach represents a case in which prior holdings are taken for granted, and the property question itself is kept off of the political agenda. (...)
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  26.  6
    Do Animals Need Rights?William A. Edmundson - 2015 - Journal of Political Philosophy 23 (3):345-360.
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  27.  70
    Arthur Ripstein,. Force and Freedom: Kant’s Legal and Political Philosophy.Cambridge, MA: Harvard University Press, 2009. Pp. Xiii+399. $49.85. [REVIEW]William A. Edmundson - 2010 - Ethics 120 (4):869-873.
  28.  37
    Review: Rethinking Exclusionary Reasons: A Second Edition of Joseph Raz's "Practical Reason and Norms". [REVIEW]William A. Edmundson - 1993 - Law and Philosophy 12 (3):329 - 343.
  29.  28
    What Is the Argument for the Fair Value of Political Liberty?William A. Edmundson - 2020 - Social Theory and Practice 46 (3):497-514.
    The equal political liberties are among the basic first-principle liberties in John Rawls’s theory of Justice as fairness. Rawls insists, further, that the “fair value” of the political liberties must be guaranteed. Disavowing an interest in fair value is what disqualifies welfare-state capitalism as a possible realizer of Justice as fairness. Yet Rawls never gives a perspicuous statement of the reasoning in the original position for the fair-value guarantee. This article gathers up two distinct strands of Rawls’s argument, and presents (...)
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  30.  95
    Do Animals Need Citizenship?William A. Edmundson - manuscript
    An ambitious proposal by Sue Donaldson and Will Kymlicka seeks to break out of an impasse that animal-rights advocacy seems to have reached. They divide the animal kingdom into three categories and distribute rights accordingly. Domesticated animals are to be treated as citizens, enjoying the same rights and duties as human citizens (adjusting for relevant differences in ability, just as we do for children and the severely cognitively handicapped). Wild animal species are to be treated as sovereign nations having rights (...)
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  31.  42
    First Force.William A. Edmundson - 2006 - Journal of Ethics and Social Philosophy 1 (3):1-9.
    The state’s very existence seems morally problematic: there may be a justification, but there had better be. A vivid way of putting this is to say that gunmen, and the state as “gunman writ large,” threaten first force, while individuals who make conspicuous their readiness to defend what is theirs threaten not first but second force. But the “No First Force” maxim–originally Kant’s–must be relaxed if any institution of private property is to get off the ground. Property begins not in (...)
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  32.  36
    Neoliberalism Versus Distributional Autonomy: The Skipped Step in Rawls’s the Law of Peoples.William A. Edmundson & Matthew R. Schrepfer - 2019 - Canadian Journal of Philosophy 49 (2):169-181.
    ABSTRACT: Debates about global distributive justice focus on the gulf between the wealthy North and the impoverished South, rather than on issues arising between liberal democracies. A review of John Rawls’s approach to international justice discloses a step Rawls skipped in his extension of his original-position procedure. The skipped step is where a need for the distributional autonomy of sovereign liberal states reveals itself. Neoliberalism denies the possibility and the desirability of distributional autonomy. A complete Rawlsian account of global justice (...)
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  33.  3
    In Such Ways as Promise Some Success.William A. Edmundson - 2021 - The Harvard Review of Philosophy 28:1-22.
    This year is the centenary of the birth of philosopher John Rawls and the semi-centenary of his monumental A Theory of Justice. This essay explores the differences between political opposition and political resistance as reflected in his work. Rawls is remembered for the careful conditions he imposed in the Vietnam-War era upon justifiable civil disobedience in “nearly just” societies. It is less well known that he came to regard the United States as a fundamentally unjust society. The nation has shown (...)
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  34.  37
    Book ReviewArthur Ripstein,. Equality, Responsibility, and the Law. Cambridge: Cambridge University Press, 1999. Pp. 307. $54.95. [REVIEW]William A. Edmundson - 2001 - Ethics 111 (3):644-648.
  35. Contextualist Answers to Skepticism, and What a Lawyer Cannot Know.William A. Edmundson - 2002 - Florida State University Law Review 30:1-23.
    Contextualism answers skepticism by proposing a variable standard of justification, keyed to the context of utterance. A lawyer's situation with respect to a criminal defendant's factual guilt is a special one. The argument here is that in this special context an especially high standard of epistemic justification applies. The standard is even more exacting than the proof-beyond-reasonable-doubt standard that juries are sworn to follow. The upshot is that criminal defense lawyers normally cannot know that a client is factually guilt.
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  36.  58
    Morality Without Responsibility.William A. Edmundson - manuscript
    Morality as we know it seems inextricably involved with notions of responsibility, desert, and blame. But a number of philosophers (e.g., Pereboom, G. Strawson) have concluded that responsibility in the desert-supporting sense rests upon metaphysical presuppositions that are unsatisfiable whether or not determinism is true. Some of these philosophers go on to argue that we ought - morally ought - to discard the idea of moral responsibility. Is this proposal coherent? Could morality intelligibly be practiced in a way that dispenses (...)
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  37.  82
    Afterword: Proportionality and the Difference Death Makes.William A. Edmundson - 2002 - Criminal Justice Ethics 21 (2):40-43.
    Proponents and opponents of the death penalty both typically assume that punishment, in some form or other, is justified, somehow or other, and that just punishment must in some sense be proportionate to the crime. These shared assumptions turn out to embarrass both parties. Proponents have to explain why certain prima facie proportionate punishments, such as torture, are off the table, while death remains, so to speak, on it. Opponents have to explain why their favored alternatives to capital punishment, such (...)
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  38.  60
    Coercion.William A. Edmundson - 2012 - In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. Routledge.
    This chapter explains the concept of coercion as it features in recent legal and political philosophical work.
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  39.  68
    Civility as Political Constraint.William A. Edmundson - 2002 - Res Publica 8 (3):217-229.
    The everyday virtue of civility functions as a constraint upon informal social pressures. Can civility also be understood, as John Rawls has proposed, as a distinctively political constraint? I contrast Rawls's project of constraining the political with Mill's of constraining both the social and the political, and explore Rawls's account of the relation between the two. I argue that Rawls's political duty of civility rests on the assumption that the political is peculiarly coercive; ignores the social enforcement of morality; and (...)
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  40. Antony Duff, Ed., Philosophy and the Criminal Law: Principle and Critique Reviewed By.William A. Edmundson - 1999 - Philosophy in Review 19 (5):325-327.
     
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  41.  8
    The Choice of a Social System: Reflections on a “Property-Owning Democracy and the Difference Principle”.William A. Edmundson - forthcoming - Philosophy and Public Issues - Filosofia E Questioni Pubbliche.
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  42.  65
    A Review of A. John Simmons, Justification and Legitimacy: Essays on Rights and Obligations. [REVIEW]William A. Edmundson - 2003 - Law and Philosophy 22 (2):195-216.
  43.  23
    Coercion, Stability, and Indoctrination in the Pejorative Sense.William A. Edmundson - manuscript
    John Rawls argued in A Theory of Justice that “justice as fairness…is likely to have greater stability than the traditional alternatives since it is more in line with the principles of moral psychology”. In support, he presented a psychology of moral development that was informed by a comprehensive liberalism. In Political Liberalism, Rawls confessed that the argument was “unrealistic and must be recast”. Rawls, however, never provided a psychology of moral development informed by a specifically political liberalism, leaving it at (...)
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  44.  19
    Coercion, Stability, and Indoctrination in the Pejorative Sense.William A. Edmundson - 2016 - Jurisprudence 7 (3):540-556.
    John Rawls argued in A Theory of Justice that ‘justice as fairness … is likely to have greater stability than the traditional alternatives since it is more in line with the principles of moral psychology'. In support, he presented a psychology of moral development that was informed by a comprehensive liberalism. In Political Liberalism, Rawls confessed that the argument was 'unrealistic and must be recast'. Rawls, however, never provided a psychology of moral development informed by a specifically political liberalism, leaving (...)
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  45.  36
    Pluralism, Intransitivity, Incoherence.William A. Edmundson - 2009 - In Mark White (ed.), THEORETICAL FOUNDATIONS OF LAW AND ECONOMICS. Cambridge University Press.
    Pluralism is an appealing and now orthodox view of the sources of value. But pluralism has led to well-known difficulties for social-choice theory. Moreover, as Susan Hurley has argued, the difficulties of pluralism go even deeper. In 1954, Kenneth May suggested an intrapersonal analogue to Arrow's Impossibility Theorem. In brief, May showed that an individual's response to a plurality of values will, given certain additional assumptions, lead to intransitive preference orderings. (Daniel Kahneman and others have shown that intransitivity is an (...)
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  46.  42
    Comments on Richard Arneson's “Joel Feinberg and the Justification of Hard Paternalism”.William A. Edmundson - 2005 - Legal Theory 11 (3):285-291.
  47. Privacy.William A. Edmundson - 2005 - In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Blackwell.
     
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  48. The "Race-of-the-Victim" Effect in Capital Sentencing: McClesky V. Kemp and Underadjustment Bias.William A. Edmundson - 1990 - Jurimetrics 32:125-41.
    This is a critical discussion of the Baldus study of capital sentencing in Georgia. It concludes that the Baldus finding of a "race-of-the-victim" effect is less robust than capital-punishment abolitionists have claimed. But the flaws in the Baldus study should not comfort death-penalty advocates, for they reveal an epistemological barrier to the US Supreme Court's ever being able to satisfy itself both that the sentence reflects particularized consideration of the circumstances and character of the defendant and that it is not (...)
     
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  49. Jaap C. Hage, Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying Logic Reviewed By.William A. Edmundson - 1998 - Philosophy in Review 18 (3):178-179.
     
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  50.  20
    Comments on Coherence Theory in the Philosophy of Law.William A. Edmundson - manuscript
    Coherentism, in philosophy generally, is of either an epistemological or a metaphysical type. The epistemological type responds to worries about foundationalism that have no serious counterpart within the philosophy of law. The metaphysical type is implausible generally, but has been put to use within the philosophy of law - by Ronald Dworkin in particular - to close up "gaps" in the law that provide an opening for purportedly worrisome exercises of judicial discretion. These remarks conclude with the suggestion that the (...)
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