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  1. added 2019-02-13
    Global Public Reason, Diversity, and Consent.Samuel Director - forthcoming - Philosophical Papers.
    In this paper, I examine global public reason as a method of justifying a global state. Ultimately, I conclude that global public reason fails to justify a global state. This is the case, because global public reason faces an unwinnable dilemma. The global public reason theorist must endorse either a hypothetical theory of consent or an actual theory of consent; if she endorses a theory of hypothetical consent, then she fails to justify her principles; and if she endorses a theory (...)
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  2. added 2018-10-21
    Logically Private Laws: Legislative Secrecy in "The War on Terror".Duncan MacIntosh - 2019 - In Claire Finkelstein & Michael Skerker (eds.), Sovereignty and the New Executive Authority. New York, USA: Oxford University Press. pp. 225-251.
    Wittgenstein taught us that there could not be a logically private language— a language on the proper speaking of which it was logically impossible for there to be more than one expert. For then there would be no difference between this person thinking she was using the language correctly and her actually using it correctly. The distinction requires the logical possibility of someone other than her being expert enough to criticize or corroborate her usage, someone able to constitute or hold (...)
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  3. added 2018-09-16
    Locke on Express and Tacit Consent.Paul Russell - 1986 - Political Theory 14 (2):291-306.
    THE SUBJECT MATTER of this essay is Locke's well-known discussion of consent in sections 116-122 of the Second Treatise of Government.' I will not be concerned to discuss the place of consent in Locke's political philosophy 2 My concerns are somewhat narrower than this. I will simply be concerned to show that in important respects several recent discussions of Locke's political philosophy have misrepresented Locke's views on the subject of express and tacit consent. At theheart of these misinterpretations lie misunderstandings (...)
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  4. added 2017-11-09
    Rethinking the Principle of Fair Play.Justin Tosi - 2018 - Pacific Philosophical Quarterly 4 (99):612-631.
    The principle of fair play is widely thought to require simply that costs and benefits be distributed fairly. This gloss on the principle, while not entirely inaccurate, has invited a host of popular objections based on misunderstandings about fair play. Central to many of these objections is a failure to treat the principle of fair play as a transactional principle—one that allocates special obligations and rights among persons as a result of their interactions. I offer an interpretation of the principle (...)
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  5. added 2017-09-19
    The Hegemony of Psychopathy.Lajos L. Brons - 2017 - Santa Barbara, California: Brainstorm Books.
    Any social and political arrangement depends on acceptance. If a substantial part of a people does not accept the authority of its rulers, then those can only remain in power by means of force, and even that use of force needs to be accepted to be effective. Gramsci called this acceptance of the socio-political status quo “hegemony.” Every stable state relies primarily on hegemony as a source of control. Hegemony works through the dissemination of values and beliefs that create acceptance (...)
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  6. added 2017-08-02
    Legitimacy and Justice in Republican Perspective.Philip Pettit - 2012 - Current Legal Problems 65:59-82.
    Let justice be a feature of the social order imposed by a state and legitimacy a feature of how it is imposed: one that makes the imposition acceptable. This article argues that, so understood, legitimacy is quite a distinct concern from justice; that the core concern is with showing how state coercion is consistent with people’s being free citizens; that this does not require showing that the state exists by consensus or contract; that the best hope of satisfying the concern (...)
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  7. added 2015-11-12
    Normative Consent and Authority.Daniel Koltonski - 2013 - Journal of Moral Philosophy 10 (3):255-275.
    In his recent book Democratic Authority, David Estlund defends a strikingly new and interesting account of political authority, one that makes use of a distinctive kind of hypothetical consent that he calls ‘normative consent’: a person can come to have a duty to obey another when it is the case that, were she given the chance to consent to the duty, she would have a duty to consent to it. If successful, Estlund’s account promises to provide what has arguably so (...)
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  8. added 2015-10-15
    Torture with Consent.Terence Rajivan Edward - 2019 - Philosophical Pathways (230):1-3.
    There are attempts to define torture which say that a person is only being tortured if the pain inflicted upon them is pain that they have not consented to. In this very brief paper, I recommend that we define torture without this condition.
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  9. added 2015-09-24
    Consent as the Foundation of Political Authority - A Lockean Perspective.Frank Dietrich - 2014 - Rationality, Markets and Morals 5:64-78.
    The article focuses on the justification provided by classical contract theory for the right of states to enact laws and the corresponding obligation of political allegiance. First the distinction between political authority and parental authority developed by John Locke in his seminal work “Two Treatises of Government” is explored. Thereafter it is discussed why the interests the individuals have in the creation of a state fail to vindicate the exercise of governmental power. As regards David Hume’s influential objections to contract (...)
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  10. added 2015-05-21
    Unintentional Consent.Terence Rajivan Edward - 2015 - Kritike 9 (1):86-95.
    Some political philosophers have judged that it is absurd to think that there can be unintentional consent. In this paper, I present an example of unintentional consent, which I refer to as the adapted boardroom example. I consider reasons for denying that this is an example of unintentional consent, but find that these reasons are unconvincing.
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  11. added 2014-08-30
    Vertrag und Vertrauen: Lockes Legitimation von Herrschaft.Michaela Rehm - 2012 - In Michaela Rehm & Bernd Ludwig (eds.), John Locke: „Zwei Abhandlungen über die Regierung“. Akademie Verlag. pp. 95-114.
    The paper discusses the foundation and genesis of the political society according to Locke, elaborating why the relationship between the civil society and the government is not defined in contractual terms, but by the notion of “trust”. Rehm argues against the view that Locke supports a liberal proceduralism, stressing that consent for him is indeed the necessary, but not the sufficient condition of legitimate political power: what needs to be added is action in accordance with the law of nature.
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  12. added 2014-04-02
    The Grammar of Political Obligation.Thomas Fossen - 2013 - Politics, Philosophy and Economics (3):1470594-13496072.
    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 Brandom. From this (...)
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  13. added 2013-06-03
    The Compatibility of Locke's Waste Restriction.Daniel Layman - 2012 - Locke Studies 12:183-200.
    John Locke held that every person has a natural duty to use her property efficiently, and that consent is required for legitimate political power. On the face of it, these two positions seem to be in tension. This is because, (1) according to Locke, it is nearly impossible to use resources efficiently unless one lives within a political community, and (2)the waste restriction is enforceable. Consequently, it might seem that persons living outside civil society may be forced to submit to (...)
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  14. added 2013-03-26
    Consensus, Compromise, Justice and Legitimacy.Enzo Rossi - 2013 - Critical Review of Social and International Political Philosophy 16 (4):557-572.
    Could the notion of compromise help us overcoming – or at least negotiating – the frequent tension, in normative political theory, between the realistic desideratum of peaceful coexistence and the idealistic desideratum of justice? That is to say, an analysis of compromise may help us moving beyond the contrast between two widespread contrasting attitudes in contemporary political philosophy: ‘fiat iustitia, pereat mundus’ on the one side, ‘salus populi suprema lex’ on the other side. More specifically, compromise may provide the backbone (...)
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