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  1. What Immigrants Owe.Adam Lovett & Daniel Sharp - forthcoming - Ergo: An Open Access Journal of Philosophy.
    Unlike natural-born citizens, many immigrants have agreed to undertake political obligations. Many have sworn oaths of allegiance. Many, when they entered their adopted country, promised to obey the law. This paper is about these agreements. First, it’s about their validity. Do they actually confer political obligations? Second, it’s about their justifiability. Is it permissible to get immigrants to undertake such political obligations? Our answers are ‘usually yes’ and ‘probably not’ respectively. We first argue that these agreements give immigrants political obligations. (...)
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  2. The Legitimacy and Limits of Punishing "Bad Samaritans".Luke William Hunt - 2021 - University of Florida Journal of Law and Public Policy 31 (3):355-376.
    There are often public calls to codify moral sentiments after failures to help others, and recent tragedies have renewed interest in one’s legal duty to aid another. This Article examines the moral underpinnings and legitimacy of so-called “Bad Samaritan” laws—laws that criminalize failures to aid others in emergency situations. Part I examines the theoretical backdrop of duties imposed by Bad Samaritan laws, including their relationship with various moral duties to aid. This leads to the analysis in Part II, which examines (...)
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  3. Reckoning With Kant on Race.Elvira Basevich - 2020 - Philosophical Forum 51 (3):221-245.
    This essay develops Kant’s theory of reform to theorize racial justice reform. I assess the function of Kant’s philosophy of race as part of his nonideal theory of justice, which offers a racist pragmatic anthropology that uses the concept of race to determine the practical effectiveness of legislative reason. His philosophy of race defends a teleological account of the natural history of the human species to fulfill the requirements of justice and assumes that certain racial groups have failed to develop (...)
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  4. Modus Vivendi Beyond the Social Contract: Peace, Justice, and Survival in Realist Political Theory.Thomas Fossen - 2018 - In John Horton, Manon Westphal & Ulrich Willems (eds.), The Political Theory of Modus Vivendi. Cham, Switzerland: Springer Verlag. pp. 111-127.
    This essay examines the promise of the notion of modus vivendi for realist political theory. I interpret recent theories of modus vivendi as affirming the priority of peace over justice, and explore several ways of making sense of this idea. I proceed to identify two key problems for modus vivendi theory, so conceived. Normatively speaking, it remains unclear how this approach can sustain a realist critique of Rawlsian theorizing about justice while avoiding a Hobbesian endorsement of absolutism. And conceptually, the (...)
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  5. Schopenhauer on the State and Morality.David Bather Woods - 2017 - In Sandra Shapshay (ed.), The Palgrave Schopenhauer Handbook. pp. 299-322.
    This chapter argues that Schopenhauer’s political philosophy, on the one hand, is conservative in character, while his moral philosophy, on the other, has progressive applications to social and political life. While this is not inconsistent in itself, it does confound Schopenhauer’s expectation that the norms of political justice converge on the same set of outwards behaviors as the norms of moral justice.
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  6. Society, Its Process and Prospect.Spencer Heath - 2016 - Libertarian Papers 8:211-220.
    Society, based on contract and voluntary exchange, is evolving, but remains only partly developed. Goods and services that meet the needs of individuals, such as food, clothing, and shelter, are amply produced and distributed through the market process. However, those that meet common or community needs, while distributed through the market, are produced politically through taxation and violence. These goods attach not to individuals but to a place; to enjoy them, individuals must go to the place where they are. Land (...)
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  7. Le désir dans l’approche contractualiste hobbesienne.Marc-Kevin Daoust - 2015 - In Daoust Marc-Kevin (ed.), Le désir et la philosophie. Les Cahiers D'Ithaque. pp. 97-109.
    Ce bref commentaire a trois objectifs. La première section vise à présenter au lecteur la philosophie matérialiste et atomiste de Hobbes. Dans la seconde section, nous exposons le rôle des désirs dans l’escalade du conflit entre les agents dans l’état de nature. Au terme de cette analyse, le lecteur disposera de quelques clés interprétatives pour aborder les chapitres VI et XIII du Léviathan.
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  8. Does Classical Liberalism Imply Democracy?David Ellerman - 2015 - Ethics and Global Politics 8 (1):29310.
    There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today—particularly in America. Many contemporary libertarians and neo-Austrian economists represent the non-democratic strain in their promotion of non-democratic sovereign city-states (startup cities or charter cities). We will take the late James M. Buchanan as a representative of the democratic strain of classical liberalism. Since the (...)
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  9. Why Hobbes Cannot Limit the Leviathan: A Critical Commentary on Larry May's Limiting Leviathan.Marcus Arvan - 2014 - Hobbes Studies 27 (2):171-177.
    This commentary contends that Larry May’s Hobbesian argument for limitations on sovereignty and lawmaking in Limiting Leviathan does not succeed. First, I show that Hobbes begins with a plausible instrumental theory of normativity. Second, I show that Hobbes then attempts, unsuccessfully—by his own lights—to defend a kind of non-instrumental, moral normativity. Thus, I contend, in order to successfully “limit the Leviathan” of the state, the Hobbesian must provide a sound instrumental argument in favor of the sovereign limiting their actions and (...)
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  10. 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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  11. On the History of Political Philosophy: Great Political Thinkers From Thucydides to Locke.W. Julian Korab-Karpowicz - 2011 - New York: Routledge.
    On the History of Political Philosophy: Great Political Thinkers from Thucydides to Locke is a lively and lucid account of the major political theorists and philosophers of the ancient Greek, Roman, medieval, renaissance, and early modern periods. The author demonstrates the continuing significance of some political debates and problems that originated in the history of political philosophy. Topics include discussions concerning human nature, different views of justice, the origin of government and law, the rise and development of different forms of (...)
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  12. Comment on Véronique Zanetti: On Moral Compromise.Timothy Waligore - 2011 - Analyse & Kritik 33 (2):441-448.
    In this article, I criticize Véronique Zanetti on the topic of moral compromise. As I understand Zanetti, a compromise could only be called a “moral compromise” if (i) it does not originate under coercive conditions, (ii) it involves conflict whose subject matter is moral, and (iii) “the parties support the solution found for what they take to be moral reasons rather than strategic interests.” I offer three criticisms of Zanetti. First, Zanetti ignores how some parties may not have reason to (...)
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  13. Hobbes's Struggle with Contractual Obligation. On the Status of the Laws of Nature in Hobbes's Work.Matthias Kiesselbach - 2010 - Hobbes Studies 23 (2):105-123.
    This paper argues that throughout his intellectual career, Hobbes remains unsatisfied with his own attempts at proving the invariant advisability of contract-keeping. Not only does he see himself forced to abandon his early idea that contractual obligation is a matter of physical laws. He also develops and retains doubts concerning its theoretical successor, the doctrine that the obligatoriness characteristic of contracts is the interest in self-preservation in alliance with instrumental reason - i.e. prudence. In fact, it is during his work (...)
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  14. The Rights of the Guilty: Punishment and Political Legitimacy.Corey Brettschneider - 2007 - Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...)
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  15. Hypothetical Consent and Justification.Cynthia A. Stark - 2000 - Journal of Philosophy 97 (6):313.
    Hypothetical contracts have been said to be not worth the paper they are not written on. This paper defends hypothetical consent theories of justice, such as Rawls's, against the view that they lack justificatory power. I argue that while hypothetical consent cannot generate political obligation, it can generate political legitimacy.
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  16. Representation and Obligation in Rawls’ Social Contract Theory.Simon Cushing - 1998 - Southwest Philosophy Review 14 (1):47-54.
    The two justificatory roles of the social contract are establishing whether or not a state is legitimate simpliciter and establishing whether any particular individual is politically obligated to obey the dictates of its governing institutions. Rawls's theory is obviously designed to address the first role but less obviously the other. Rawls does offer a duty-based theory of political obligation that has been criticized by neo-Lockean A. John Simmons. I assess Simmons's criticisms and the possible responses that could be made to (...)
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  17. Jean Hampton, "Hobbes and the Social Contract Tradition". [REVIEW]Paul Russell - 1989 - Journal of the History of Philosophy 27 (4):620.
    In Hobbes and the Social Contract Tradition Professor Hampton undertakes an "extensive examination" of Hobbes's argument, primarily as stated in Leviathan, for the institutionof an absolute sovereign. Hampton, however, is concerned to accomplish more than "a description or explication" of Hobbes's political philosophy. Rather, it is her intention to develop a "rational reconstruction" of Hobbes's argument. Only if one seeks "to get the best possible statement of Hobbes's argument for absolute sovereignty will one be able to understand where and why (...)
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