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  1. added 2019-06-07
    Judgment and Imagination in Habermas' Theory of Law.T. Fossen - 2015 - Philosophy and Social Criticism 41 (10):1069-1091.
    Recent debates in political theory display a renewed interest in the problem of judgment. This article critically examines the different senses of judgment that are at play in Jürgen Habermas’ theory of law. The article offers a new critical reading of Habermas’ account of the legitimacy of law, and a revisionary interpretation of the reconstructive approach to political theory that underpins it. Both of these are instrumental to an understanding of what is involved in judging the legitimacy of law that (...)
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  2. added 2019-06-06
    Language and Legitimacy: Is Pragmatist Political Theory Fallacious?Thomas Fossen - 2019 - European Journal of Political Theory 18 (2):293-305.
    Eva Erman and Niklas Möller have recently criticised a range of political theorists for committing a pragmatistic fallacy, illicitly drawing normative conclusions from politically neutral ideas abo...
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  3. added 2019-06-06
    Kant's Non-Absolutist Conception of Political Legitimacy –– How Public Right ‘‘Concludes’’ Private Right in the ““Doctrine of Right””.Helga Varden - 2010 - Kant-Studien 101 (3):331-351.
    Contrary to the received view, I argue that Kant, in the “Doctrine of Right”, outlines a third, republican alternative to absolutist and voluntarist conceptions of political legitimacy. According to this republican alternative, a state must meet certain institutional requirements before political obligations arise. An important result of this interpretation is not only that there are institutional restraints on a legitimate state's use of coercion, but also that the rights of the state are not in principle reducible to the rights of (...)
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  4. added 2019-06-05
    Self-Governance and Reform in Kant’s Liberal Republicanism - Ideal and Non-Ideal Theory in Kant’s Doctrine of Right.Helga Varden - 2016 - Doispontos 13 (2).
    At the heart of Kant’s legal-political philosophy lies a liberal, republican ideal of justice understood in terms of private independence (non-domination) and subjection to public laws securing freedom for all citizens as equals. Given this basic commitment of Kant’s, it is puzzling to many that he does not consider democracy a minimal condition on a legitimate state. In addition, many find Kant ideas of reform or improvement of the historical states we have inherited vague and confusing. The aim of this (...)
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  5. 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 (...)
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  6. added 2019-05-18
    Democratizing Algorithmic Fairness.Pak-Hang Wong - forthcoming - Philosophy and Technology:1-20.
    Algorithms can now identify patterns and correlations in the (big) datasets, and predict outcomes based on those identified patterns and correlations with the use of machine learning techniques and big data, decisions can then be made by algorithms themselves in accordance with the predicted outcomes. Yet, algorithms can inherit questionable values from the datasets and acquire biases in the course of (machine) learning, and automated algorithmic decision-making makes it more difficult for people to see algorithms as biased. While researchers have (...)
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  7. added 2019-05-13
    Legitimacy and Institutional Purpose.N. P. Adams - forthcoming - Critical Review of International Social and Political Philosophy:1-19.
    Institutions undertake a huge variety of constitutive purposes. One of the roles of legitimacy is to protect and promote an institution’s pursuit of its purpose; state legitimacy is generally understood as the right to rule, for example. When considering legitimacy beyond the state, we have to take account of how differences in purposes change legitimacy. I focus in particular on how differences in purpose matter for the stringency of the standards that an institution must meet in order to be legitimate. (...)
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  8. added 2019-04-10
    Propaganda, Misinformation, and the Epistemic Value of Democracy.Étienne Brown - 2018 - Critical Review 30 (3-4):194-218.
    If citizens are to make enlightened collective decisions, they need to rely on true factual beliefs, but misinformation impairs their ability to do so. Although some cases of misinformation are deliberate and amount to propaganda, cases of inadvertent misinformation are just as problematic in affecting the beliefs and behavior of democratic citizens. A review of empirical evidence suggests that this is a serious problem that cannot entirely be corrected by means of deliberation.
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  9. added 2019-04-08
    Constitutional order in Russia.Andrej Poleev - 2013
    Three previously published essays in one book: A. Poleev. Constitutional order in Russia. Enzymes, 2012. A. Poleev. Putinism: A phenomenological and prototypical investigation. Enzymes, 2012. A. Poleev. The Constitution of Russia. Enzymes, 2013.
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  10. added 2019-04-01
    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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  11. added 2019-03-29
    La catastrophe écologique, les gilets jaunes et le sabotage de la démocratie.Donato Bergandi, Fabienne Galangau-Querat & Hervé Lelièvre - manuscript
    Caste : Groupe qui se distingue par ses privilèges et son esprit d’exclusive à l’égard de toute personne qui n’appartient pas au groupe. Larousse -/- La hausse des prix des carburants proposée pour lutter contre le changement climatique et mettre en œuvre les principes de la « transition écologique » adoptés par la France lors de la COP21, a fait naître le mouvement des gilets jaunes. Plus globalement c’est une bonne partie des français qui se trouve concernée, celle qui vit (...)
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  12. added 2019-03-26
    Tying Legitimacy to Political Power: Graded Legitimacy Standards for International Institutions.Antoinette Scherz - forthcoming - European Journal of Political Theory:147488511983813.
    International institutions have become increasingly important not only in the relations between states, but also for individuals. When are these institutions legitimate? The legitimacy standards for international institutions are predominantly either minimal or democratic and cannot capture the large variety of international institutions. This article develops an autonomy-based conception of legitimacy based on the justification of political power that is applicable to both international and domestic institutions. Political power as rule-setting is a particular normative threat to the personal and political (...)
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  13. added 2019-03-21
    The Possible World Defense: Why Our Current Legal Thinking About Entrapment is Philosophically Suspect.Luke William Hunt - 2019 - American Philosophical Association Blog.
    Essay on philosophical problems with police sting operations and the legal doctrine of entrapment.
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  14. added 2019-03-12
    The UN Security Council, Normative Legitimacy and the Challenge of Specificity.Antoinette Scherz & Alain Zysset - forthcoming - Critical Review of International Social and Political Philosophy:1-21.
    This paper discusses how the general and abstract concept of legitimacy applies to international institutions, using the United Nations Security Council as an example. We argue that the evaluation of the Security Council’s legitimacy requires considering three significant and interrelated aspects: its purpose, competences, and procedural standards. We consider two possible interpretations of the Security Council’s purpose: on the one hand, maintaining peace and security, and, on the other, ensuring broader respect for human rights. Both of these purposes are minimally (...)
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  15. added 2019-01-21
    The European Public(s) and its Problems.Axel Mueller - 2015 - In Hauke Brunkhorst, Charlotte Gaitanides & Gerhard Grözinger (eds.), Europe at a Crossroad. From Currency Union to Political and Economic Governance? Baden-Baden, Germany: pp. 19-59.
    I present three versions –Grimm, Offe and Streeck—of a general argument that is often used to establish that the EU-institutions meets a legitimacy-disabling condition, the so called “no demos” argument (II), embedding them in the context of the notorious “democratic deficit” suspicions against the legal system and practice of the EU (I). After examining the logical structure behind the no-demos intuition considered as an argument (III), I present principled reasons by Möllers and Habermas that show why the “no demos” argument (...)
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  16. added 2019-01-18
    Why a World State is Unavoidable in Planetary Defense: On Loopholes in the Vision of a Cosmopolitan Governance.Pavel Dufek - 2019 - In Nikola Schmidt (ed.), Planetary Defense: Global Collaboration for Defending Earth from Asteroids and Comet. Cham: pp. 375–399.
    The main claim of this chapter is that planetary defense against asteroids cannot be implemented under a decentralized model of democratic global governance, as espoused elsewhere in this book. All relevant indices point to the necessity of establishing a centralized global political authority with legitimate coercive powers. It remains to be seen, however, whether such a political system can be in any recognizable sense democratic. It seems unconvincing that planetary-wide physical-threat, all-comprehensive macrosecuritization, coupled with deep transformations of international law, global (...)
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  17. added 2019-01-01
    Die Rationalität eingefrorener Konflikte.Julian Fink - 2018 - Spektrum 2018 (2).
    Der Arktikel beschreibt die Logik des "eingefrorenen" Konflikts zwischen der Republik Moldau und der selbsternannten „Pridnestrowische Moldauischen Republik“ ("Transnistrien"). Bezugnehmend auf die strategischen Optionen der beteiligten Akteure wird erklärt warum der seit 1992 bestehende Konflikt zu keiner Lösung findet.
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  18. added 2018-11-18
    The Concept of Legitimacy.N. P. Adams - manuscript
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  19. added 2018-08-01
    Jason Frank, "Momentos constituyentes: paradojas y poder popular en los Estados Unidos de América posrevolucionarios" - Traducción de Facundo Bey.Facundo Bey & Jason Frank - 2012 - Revista Argentina de Ciencia Política EUDEBA 15:49-74.
    Los teóricos de la democracia dejaron de lado la pregunta de quién legalmente forma parte del "pueblo" autorizado, pregunta que atraviesa a todas las teoría de la democracia y continuamente vivifica la práctica democrática. Determinar quién constituye el pueblo es un dilema inabordable e incluso imposible de responder democráticamente; no es una pregunta que el pueblo mismo pueda decidir procedimentalmente porque la propia premisa subvierte las premisas de su resolución. Esta paradoja del mandato popular revela que el pueblo para ser (...)
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  20. added 2018-06-15
    What Are Basic Liberties?Attila Tanyi & Stephen K. McLeod - manuscript
    Two moral powers are central to Rawls’s approach to specifying the basic liberties: the capacity for a sense of justice and the capacity for a conception of the good. The fundamental case in which the first capacity is exercised is in “the application of the principles of justice to the basic structure and its social policies”. The fundamental case in which the second capacity is exercised is in “forming, revising, and rationally pursuing such a conception over a complete life”. Rawls (...)
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  21. added 2018-06-08
    Dismantling Democratic States. [REVIEW]James Mahon - 2005 - The Review of Politics 67:153-155.
    In this review of Ezra Suleiman's book I explain his argument that democracies need independent professional bureaucracies with Weberian "impersonal" authority, and that the greatest threat to the authority of government and the health of democracy is the trend towards turning bureaucracy into an instrument of the governing political party of the day.
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  22. added 2018-05-22
    Why the Intrinsic Value of Public Goods Matters.Avigail Ferdman - 2017 - Critical Review of International Social and Political Philosophy:1-16.
    Existing accounts of public-goods distribution rely on the existence of solidarity for providing non-universal public goods, such as the humanities or national parks. There are three fundamental problems with these accounts: they ignore instances of social fragmentation; they treat preferences for public goods as morally benign, and they assume that these preferences are the only relevant moral consideration. However, not all citizens unanimously require public goods such as the humanities or national parks. Public-goods distribution that is based only on citizens’ (...)
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  23. added 2018-04-28
    Strategies for Advancing Evolution.John E. Stewart - manuscript
    As detailed in The Evolutionary Manifesto and Evolution’s Arrow, an understanding of the large-scale processes that govern the evolution of life is capable of making sense of human existence. This evolutionary worldview is revealing that we are not just meaningless accidents in a universe that is indifferent to our existence. Instead it shows that humanity has a critical role to play in the future evolution of life on this planet and in the universe. -/- But what specifically do we need (...)
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  24. added 2018-02-16
    Pure Epistemic Proceduralism.Fabienne Peter - 2008 - Episteme: A Journal of Social Epistemology 5 (1):33-55.
    In this paper I defend a pure proceduralist conception of legitimacy that applies to epistemic democracy. This conception, which I call pure epistemic proceduralism, does not depend on procedure-independent standards for good outcomes and relies on a proceduralist epistemology. It identifies a democratic decision as legitimate if it is the outcome of a process that satisfies certain conditions of political and epistemic fairness. My argument starts with a rejection of instrumentalism–the view that political equality is only instrumentally valuable. I reject (...)
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  25. added 2018-02-16
    Rawls' Idea of Public Reason and Democratic Legitimacy.Fabienne Peter - 2007 - Politics and Ethics Review 3 (1):129-143.
    Critics and defenders of Rawls' idea of public reason have tended to neglect the relationship between this idea and his conception of democratic legitimacy. I shall argue that Rawls' idea of public reason can be interpreted in two different ways, and that the two interpretations support two different conceptions of legitimacy. What I call the substantive interpretation of Rawls' idea of public reason demands that it applies not just to the process of democratic decision-making, but that it extends to the (...)
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  26. 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 (...)
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  27. added 2017-08-18
    Tolerating Hate in the Name of Democracy.Amanda Greene & Robert Mark Simpson - 2017 - Modern Law Review 80 (4):746-65.
    This article offers a comprehensive and critical analysis of Eric Heinze’s book Hate Speech and Democratic Citizenship (Oxford University Press, 2016). Heinze’s project is to formulate and defend a more theoretically complex version of the idea (also defended by people like Ronald Dworkin and James Weinstein) that general legal prohibitions on hate speech in public discourse compromises the state’s democratic legitimacy. We offer a detailed synopsis of Heinze’s view, highlighting some of its distinctive qualities and strengths. We then develop a (...)
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  28. 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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  29. added 2017-07-09
    Teze o Přelití V Participativní Demokracii: Empirická Relevance a Normativní Udržitelnost [The Spillover Thesis in Participatory Democratic Theory: Empirical Relevance and Normative Defensibility].Jan Čambora & Pavel Dufek - 2016 - Czech Political Science Review 22 (2):75–102.
    The paper focuses on the “spillover thesis” which constitutes a pillar of much of contemporary participatory democratic theory; specifically, we assess the claim that workplace democratization leads to a higher degree of political participation amongst labourers. The paper analyses the thesis as formulated by Carole Pateman, including its later revisions triggered by ambiguous results of empirical studies aiming to (dis)prove it. The spillover thesis is then confronted with important methodological and theoretical critiques, the upshot being that in order to be (...)
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  30. 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 (...)
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  31. added 2017-04-08
    Institutional Legitimacy.N. P. Adams - 2018 - Journal of Political Philosophy:84-102.
    Political legitimacy is best understood as one type of a broader notion, which I call institutional legitimacy. An institution is legitimate in my sense when it has the right to function. The right to function correlates to a duty of non-interference. Understanding legitimacy in this way favorably contrasts with legitimacy understood in the traditional way, as the right to rule correlating to a duty of obedience. It helps unify our discourses of legitimacy across a wider range of practices, especially including (...)
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  32. added 2017-04-01
    Can Modus Vivendi Save Liberalism From Moralism? A Critical Assessment of John Gray's Political Realism.Rossi Enzo - forthcoming - In John Horton, Manon Westphal & Ulrich Willems (eds.), The Political Theory of Modus Vivendi. Dordrecht: Springer.
    I argue that John Gray's modus vivendi-based justification for liberalism is preferable to the more orthodox deontological or teleological justificatory strategies, at least because of the way it can deal with the problem of diversity. But then I show how that is not good news for liberalism, for grounding liberal political authority in a modus vivendi undermines liberalism’s aspiration to occupy a privileged normative position vis-à-vis other kinds of regimes. So modus vivendi can save liberalism from moralism, but at cost (...)
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  33. 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 (...)
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  34. 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 (...)
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  35. 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 (...)
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  36. added 2017-01-25
    Limited Epistocracy and Political Inclusion.Anne Jeffrey - 2017 - Episteme:1-21.
    In this paper I defend a form of epistocracy I call limited epistocracy— rule by institutions housing expertise in non-political areas that become politically relevant. This kind of limited epistocracy, I argue, isn’t a far-off fiction. With increasing frequency, governments are outsourcing political power to expert institutions to solve urgent, multidimensional problems because they outperform ordinary democratic decision-making. I consider the objection that limited epistocracy, while more effective than its competitors, lacks a fundamental intrinsic value that its competitors have; namely, (...)
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  37. added 2017-01-23
    Economic Theories of Democratic Legitimacy and the Normative Role of an Ideal Consensus.C. S. King - 2013 - Politics, Philosophy and Economics 12 (2):156-178.
    Economic theories of democratic legitimacy (discussed here as minimalist theories) have criticized deliberative accounts of democratic legitimacy on the grounds that they do not represent a practical possibility and that they create conditions that make actual democracies worse. It is not simply that they represent the wrong ideal. Rather, they are too idealistic – failing to show proper regard for the cognitive and moral limitations of persons and the depth of disagreement in democratic society. This article aims to show (1) (...)
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  38. added 2017-01-05
    Convergence Liberalism and the Problem of Disagreement Concerning Public Justification.Paul Billingham - 2017 - Canadian Journal of Philosophy 47 (4):541-564.
    The ‘convergence conception’ of political liberalism has become increasingly popular in recent years. Steven Wall has shown that convergence liberals face a serious dilemma in responding to disagreement about whether laws are publicly justified. What I call the ‘conjunctive approach’ to such disagreement threatens anarchism, while the ‘non-conjunctive’ approach appears to render convergence liberalism internally inconsistent. This paper defends the non-conjunctive approach, which holds that the correct view of public justification should be followed even if some citizens do not consider (...)
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  39. added 2016-06-13
    Pourquoi délibérer ? Du potentiel épistémique à la justification publique.Marc-Kevin Daoust - 2016 - Philosophiques 43 (1):23-48.
    Cet article a deux objectifs. Le premier est de montrer pourquoi l’argument instrumental en faveur de la démocratie est insuffisant pour justifier la délibération politique. Si notre but est l’optimisation du potentiel épistémique d’un régime politique, et que des approches agrégatives et inférentielles (sans délibération) atteignent cet objectif, alors nous ne pouvons plus justifier la délibération sur cette base. Ce problème peut être contourné en reprenant une distinction de Daniel Andler. Pour ce dernier, le groupe délibératif se distingue du groupe (...)
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  40. added 2016-03-15
    Hopeful Losers? A Moral Case for Mixed Electoral Systems.Loren King - 2015 - Les ateliers de l'éthique/The Ethics Forum 10 (2):107-121.
    Liberal democracies encourage citizen participation and protect our freedoms, yet these regimes elect politicians and decide important issues with electoral and legislative systems that are less inclusive than other arrangements. Some citizens inevitably have more influence than others. Is this a problem? Yes, because similarly just but more inclusive systems are possible. Political theorists and philosophers should be arguing for particular institutional forms, with particular geographies, consistent with justice. -/- Les démocraties libérales encouragent la participation citoyenne et protègent nos libertés. (...)
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  41. 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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  42. 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 (...)
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  43. 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 (...)
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  44. 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, (...)
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  45. added 2015-09-01
    Resistance to Unjust Immigration Restrictions.Javier Hidalgo - 2015 - Journal of Political Philosophy 23 (4):450-470.
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  46. added 2015-09-01
    Political Obligations in a Sea of Tyranny and Crushing Poverty.Aaron Maltais - 2014 - Legal Theory 20 (3):186-209.
    Christopher Wellman is the strongest proponent of the natural-duty theory of political obligations and argues that his version of the theory can satisfy the key requirement of ; namely, justifying to members of a state the system of political obligations they share in. Critics argue that natural-duty theories like Wellman's actually require well-ordered states and/or their members to dedicate resources to providing the goods associated with political order to needy outsiders. The implication is that natural-duty approaches weaken the particularity requirement (...)
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  47. added 2015-08-26
    The Free Market Model Versus Government: A Reply to Nozick.John T. Sanders - 1977 - Journal of Libertarian Studies 1 (1):35-44.
    In Anarchy, State and Utopia, Robert Nozick argues, first, that free-market anarchism is unstable -that it will inevitably lead back to the state; and, second, that without a certain "redistributive" proviso, the model is unjust. If either of these things is the case, the model defeats itself, for its justification purports to be that it provides a morally acceptable alternative to government (and therefore to the state). I argue, against Nozick's contention, that his "dominant protection agency" neither meets his monopoly (...)
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  48. added 2015-03-18
    Farewell to Political Obligation: In Defense of a Permissive Conception of Legitimacy.Jiafeng Zhu - 2015 - Pacific Philosophical Quarterly 96 (3).
    In the recent debate on political legitimacy, we have seen the emergence of a revisionist camp, advocating the idea of ‘legitimacy without political obligation,’ as opposed to the traditional view that political obligation is necessary for state legitimacy. The revisionist idea of legitimacy is appealing because if it stands, the widespread skepticism about the existence of political obligation will not lead us to conclude that the state is illegitimate. Unfortunately, existing conceptions of ‘legitimacy without political obligation’ are subject to serious (...)
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  49. added 2015-03-13
    The Real Value of Equality.Robert Jubb - forthcoming - Journal of Politics.
    This paper investigates how political theorists and philosophers should understand egalitarian political demands in light of the increasingly important realist critique of much of contemporary political theory and philosophy. It suggests, first, that what Martin O'Neill has called non-intrinsic egalitarianism is, in one form at least, a potentially realistic egalitarian political project and second, that realists may be compelled to impose an egalitarian threshold on state claims to legitimacy under certain circumstances. Non-intrinsic egalitarianism can meet realism’s methodological requirements because it (...)
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  50. added 2015-01-18
    On the Compatibility of Epistocracy and Public Reason.Thomas Mulligan - 2015 - Social Theory and Practice 41 (3):458-476.
    In "epistocratic" forms of government, political power is wielded by those who possess the knowledge relevant to good policymaking. Some democrats--notably, David Estlund--concede that epistocracy might produce better political outcomes than democracy but argue that epistocracy cannot be justified under public reason. These objections to epistocracy are unsound because they violate a viability constraint: they are also fatal to democracy and all other plausible political arrangements. Moreover, there is a problem with the public reason framework itself--a problem that can only (...)
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