View topic on PhilPapers for more information
Related categories

26 found
Order:
More results on PhilPapers
  1. added 2019-06-13
    Родинно-спадкові традиції Рюриковичів: гілки Ольговичів, Давидовичів, володарів Чернігово-Сіверського князівства.Viktorya Balabushka - 2018 - NaUKMA Research Papers. History and Theory of Culture 1:46-52.
    У статті узагальнено історико-культурологічний досвід ролі і значення національної еліти князівських династій Рюриковичів, володарів Київської Русі та Чернігово-Сіверської гілки Ольговичів, Давидовичів у створенні одного з найбільших у Європі державного об’єднання Київська Русь. Основою збереження своїх територіальних володінь князями були українські традиції сімейного розподілу майна. Системний розподіл престолонаслідування серед нащадків Рюриковичів відбувся після заповіту Ярослава Мудрого, тобто набув соціально-правової норми, названий «лествичним» порядком. Система передбачала успадкування майна дітьми від старшого до молодшого брата, зокрема коли старший князь чернігівський здобував Київ – до (...)
    Remove from this list   Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  2. added 2019-05-20
    Can Schools Teach Citizenship?Michael Merry - 2018 - Discourse 40 (6):1-16.
    In this essay I question the liberal faith in the efficacy and morality of citizenship education (CE) as it has been traditionally (and is still) practiced in most public state schools. In challenging institutionalized faith in CE, I also challenge liberal understandings of what it means to be a citizen, and how the social and political world of citizens is constituted. I interrogate CE as defended in the liberal tradition, with particular attention to Gutmann’s ‘conscious social reproduction’. I argue that (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  3. added 2019-01-29
    Justice in the Laws, a Restatement: Why Plato Endorses Public Reason.Samuel Director - 2018 - Journal of the American Philosophical Association 4 (2):184-203.
    In the Laws, Plato argues that the legislator should attempt to persuade people to voluntarily obey the laws. This persuasion is accomplished through use of legislative preludes. Preludes (also called preambles) are short arguments written into the legal code, which precede laws and give reasons to follow them. In this paper, I argue that Plato’s use of persuasive preludes shows that he endorses the core features of a public reason theory of political justification. Many philosophers argue that Plato’s political philosophy (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   1 citation  
  4. added 2018-06-20
    The Servient Character of Political Power According to St. Thomas Aquinas.Pawel Tarasiewicz - 2014 - Studia Gilsoniana 3:399-413.
    The author attempts to justify the thesis of the servient character of political power. By his analyses, he arrives at two conclusions. First, the ultimate goal of service fulfilled by political power should be identical with the natural goal of every human being, meaning a life of virtue. Hence, service to the cause of the citizens’ virtue requires that the fundamental duties of power include the protection of public peace, the promotion of actions towards the common good, and striving for (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  5. added 2018-04-18
    Occam’s Razor and Non-Voluntarist Accounts of Political Authority.Luke Maring - 2017 - Dialogue 56 (1):159-173.
    Certain non-voluntarists have recently defended political authority by advancing two-part views. First, they argue that the state, or the law, is best (or uniquely) capable of accomplishing something important. Second, they defend a substantive normative principle on which being so situated is sufficient for de jure authority. This paper uses widely accepted tenets to show that all such defenses of authority fail.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  6. added 2017-09-16
    The Relational Conception of Practical Authority.N. P. Adams - 2018 - Law and Philosophy 37 (5):549-575.
    I argue for a new conception of practical authority based on an analysis of the relationship between authority and subject. Commands entail a demand for practical deference, which establishes a relationship of hierarchy and vulnerability that involves a variety of signals and commitments. In order for these signals and commitments to be justified, the subject must be under a preexisting duty, the authority’s commands must take precedence over the subject’s judgment regarding fulfillment of that duty, the authority must accept the (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   1 citation  
  7. added 2017-08-05
    Uncivil Disobedience: Political Commitment and Violence.N. P. Adams - 2018 - Res Publica 24 (4):475-491.
    Standard accounts of civil disobedience include nonviolence as a necessary condition. Here I argue that such accounts are mistaken and that civil disobedience can include violence in many aspects, primarily excepting violence directed at other persons. I base this argument on a novel understanding of civil disobedience: the special character of the practice comes from its combination of condemnation of a political practice with an expressed commitment to the political. The commitment to the political is a commitment to engaging with (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  8. added 2017-06-14
    A Fair Play Account of Legitimate Political Authority.Justin Tosi - 2017 - Legal Theory 23 (1):55-67.
    There is an emerging consensus among political philosophers that state legitimacy involves something more than—or perhaps other than—political obligation. Yet the principle of fair play, which many take to be a promising basis for political obligation, has been largely absent from discussions of the revised conception of legitimacy. This paper shows how the principle of fair play can generate legitimate political authority by drawing on a neglected feature of the principle—its stipulation that members of a cooperative scheme must reciprocate specifically (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   1 citation  
  9. added 2017-04-13
    The Grammars of 'Power': Between Contestation and Mediation.Mark Rigstad - 2006 - Theoria 53 (111):108-141.
    In light of the pragmatic aspirations of ordinary language philosophy, this essay critically examines the competing grammatical strictures that are often set forth within the theoretical discourse of 'power'. It repudiates both categorically appraisive employments of 'power' and the antithetical urge to fully operationalize the concept. It offers an attenuated defense of the thesis that 'power' is an essentially contestable concept, but rejects the notion that this linguistic fact stems from conflict between antipodal ideological paradigms. Careful attention to the ordinary (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  10. added 2017-03-01
    The EU's Democratic Deficit in a Realist Key: Multilateral Governance, Popular Sovereignty, and Critical Responsiveness.Jan Pieter Beetz & Enzo Rossi - forthcoming - Transnational Legal Theory.
    This paper provides a realist analysis of the EU's legitimacy. We propose a modification of Bernard Williams' theory of legitimacy, which we term critical responsiveness. For Williams, 'Basic Legitimation Demand + Modernity = Liberalism'. Drawing on that model, we make three claims. (i) The right side of the equation is insufficiently sensitive to popular sovereignty; (ii) The left side of the equation is best thought of as a 'legitimation story': a non-moralised normative account of how to shore up belief in (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   1 citation  
  11. added 2017-02-09
    The Possibility of a Fair Play Account of Legitimacy.Justin Tosi - 2017 - Ratio 30 (1):88-99.
    The philosophical literature on state legitimacy has recently seen a significant conceptual revision. Several philosophers have argued that the state's right to rule is better characterized not as a claim right to obedience, but as a power right. There have been few attempts to show that traditional justifications for the claim right might also be used to justify a power right, and there have been no such attempts involving the principle of fair play, which is widely regarded as the most (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   1 citation  
  12. added 2017-01-29
    The Principle of Fairness, Political Duties, and the Benefits Proviso Mistake.Daniel Koltonski - 2016 - Journal of Moral Philosophy 13 (3):265-293.
    Recent debate in the literature on political obligation about the principle of fairness rests on a mistake. Despite the widespread assumption to the contrary, a person can have a duty of fairness to share in the burdens of sustaining some cooperative scheme even though that scheme does not represent a net benefit to her. Recognizing this mistake allows for a resolution of the stalemate between those who argue that the mere receipt of some public good from a scheme can generate (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   2 citations  
  13. added 2015-10-29
    Playing Fair and Following the Rules.Justin Tosi - 2017 - Journal of Moral Philosophy 14 (2):134-141.
    In his paper “Fairness, Political Obligation, and the Justificatory Gap” (published in the Journal of Moral Philosophy), Jiafeng Zhu argues that the principle of fair play cannot require submission to the rules of a cooperative scheme, and that when such submission is required, the requirement is grounded in consent. I propose a better argument for the claim that fair play requires submission to the rules than the one Zhu considers. I also argue that Zhu’s attribution of consent to people commonly (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   3 citations  
  14. added 2015-10-01
    Liberal Foundations of Democratic Authority.Andrew Lister - 2010 - Representation 46 (1):19-34.
    In Democratic Authority, David Estlund argues that decision-procedures are to be judged solely by their tendency to generate morally superior decisions, but that because any relationship of authority must be acceptable to all qualified moral points of view, the epistemic benefits of less equal procedures must be evident beyond qualified objection. If all doctrines involved in political justification must be qualifiedly acceptable, however, the qualified acceptability requirement must itself be acceptable to qualified points of view. This article provides reasons for (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  15. added 2015-09-02
    Political Anarchism and Raz’s Theory of Authority.Bruno Leipold - 2015 - Res Publica 21 (3):309-329.
    This article argues that using Joseph Raz’s service conception of authority to reject philosophical anarchism can be affected by political anarchism. Whereas philosophical anarchism only denies the authority of the state, political anarchism claims that anarchism is a better alternative to the state. Raz’s theory holds that an institution has authority if it enables people to better conform with reason. I argue that there are cases where anarchism is an existing alternative to the state and better fulfils this condition. Consequently, (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   3 citations  
  16. added 2014-06-27
    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 (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  17. added 2014-04-02
    Public Goods and Government Action.Jonny Anomaly - 2015 - Politics, Philosophy and Economics 14 (2):109-128.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   6 citations  
  18. added 2014-04-02
    Neither a State of Nature nor a State of Exception.José Jorge Mendoza - 2011 - Radical Philosophy Review 14 (2):187-195.
    Since at least the second half of the 19th century, the U.S. federal government has enjoyed “plenary power” over its immigration policy. Plenary power allows the federal government to regulate immigration free of judicial review and thereby, with regard to immigration cases, minimize the Constitutional protections afforded to non-citizens. The justification for granting the U.S federal government such broad powers comes from a certain understanding of sovereignty; one where limiting sovereign authority in cases like immigration could potentially undermine its legitimacy (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  19. added 2014-03-23
    Nozick, Prohibition, and No-Fault Motor Insurance.Toby Handfield - 2003 - Journal of Applied Philosophy 20 (2):201–208.
    Is a Nozickian theory of rights compatible with a no-fault motor insurance scheme? I say, Yes. The argument turns on an explication of the basis on which a Nozickian justifies the prohibition of merely risky activities.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  20. added 2014-01-28
    The Transfer of Duties: From Individuals to States and Back Again.Stephanie Collins & Holly Lawford-Smith - 2016 - In Michael Brady & Miranda Fricker (eds.), The Epistemic Life of Groups. Oxford University Press. pp. 150-172.
    Individuals sometimes pass their duties on to collectives, which is one way in which collectives can come to have duties. The collective discharges its duties by acting through its members, which involves distributing duties back out to individuals. Individuals put duties in and get (transformed) duties out. In this paper we consider whether (and if so, to what extent) this general account can make sense of states' duties. Do some of the duties we typically take states to have come from (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   2 citations  
  21. added 2014-01-17
    God and Politics in Secular India.Domenic Marbaniang - forthcoming - Journal of the Contemporary Christian.
    The church is separate from the state. Thus, historically, it is seen that even though a government wasn’t secular, God was secular. He didn’t drag religion into politics, but silently did intervene to administer temporal justice and order in the world (i.e. temporal justice in relation to temporal authority). With regard to the church, it doesn’t seem that God is interested in an organized religion at all. Christianity had nothing to do with an external temple. Each Christian is the temple (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  22. added 2013-11-09
    The Philosopher King : An Indian Point of View.Desh Raj Sirswal - 2015 - Sucharitha: A Journal of Philosophy and Religion 3 (01):12-19.
    The celebrated Greek philosopher Plato had dreamed of a philosopher-king to rule his ideal state. Keeping in socratarian tradition Aristotle said in similar way "it is better for a city to be governed by a good man than even by good laws ". According to Plato, “The philosopher is he who has in his mind the perfect pattern of justice, beauty, truth; his is the knowledge of the eternal; he contemplates all time and all existence; no praises are too high (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  23. added 2013-08-28
    Review of Arthur Ripstein, Force and Freedom. [REVIEW]Andrew Botterell - 2011 - Canadian Journal of Political Science 44:457-458.
    A review of Arthur Ripstein, Force and Freedom: Kant's Legal and Political Philosophy (Harvard University Press, 2009).
    Remove from this list   Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  24. 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 (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   13 citations  
  25. added 2012-09-29
    Legitimacy as a Mere Moral Power? A Response to Applbaum.Jiafeng Zhu - 2012 - Diametros 33:120-137.
    In a recent article, Arthur Applbaum contributes a new view—legitimacy as a moral power—to the debate over the concept of political legitimacy. Applbaum rejects competing views of legitimacy, in particular legitimacy as a claim-right to have the law obeyed, for mistakenly invoking substantive moral argument in the conceptual analysis, and concludes that “at the core of the concept—what legitimacy is” is only a Hohfeldian moral power. In this article, I contend that: (1) Applbaum’s view of legitimacy, when fully unfolded, refers (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  26. added 2012-04-15
    Morality, Politics, and Law.John-Michael Kuczynski - 2010 - Kendall Hunt Publishing.
    It is argued (a) that laws are assurances of protections of rights and (b) that governments are protectors of rights. Lest those assurances be empty and thus not really be assurances at all, laws must be enforced and governments must therefore have the power to coerce. For this reason, the government of a given region tends to have, as Max Weber put it, a "monopoly on power" in that region. And because governments are power-monopolizers, it is tempting to think that (...)
    Remove from this list   Download  
    Translate
     
     
    Export citation  
     
    Bookmark