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Theories of Justice

Philosophical Review 101 (3):703-706 (1992)

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  1. The Veil of Ignorance Violates Priority.Juan D. Moreno-Ternero - 2008 - Economics and Philosophy 24 (2):233-257.
    The veil of ignorance has been used often as a tool for recommending what justice requires with respect to the distribution of wealth. We complete Harsanyi's model of the veil of ignorance by appending information permitting objective comparisons among persons. In order to do so, we introduce the concept of objective empathy. We show that the veil-of-ignorance conception of John Harsanyi, so completed, and Ronald Dworkin's, when modelled formally, recommend wealth allocations in conflict with the prominently espoused view that priority (...)
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  • Democratic Deliberation and Impartial Justice.Kaisa Herne & Setälä - 2015 - Res Cogitans 10 (1).
    Theories of deliberative democracy maintain that outcomes of democratic deliberation are fairer than outcomes of mere aggregation of preferences. Theorists of impartial justice, especially Rawls and Sen, emphasize the role of deliberative processes for making just decisions. Democratic deliberation seems therefore to provide a model of impartial decision-making applicable in the real world. However, various types of cognitive and affective biases limit individual capacity to see things from others’ perspectives. In this paper, two strategies of enhancing impartiality in real world (...)
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  • The Law of Peoples and Global Justice: Beyond the Liberal Nationalism of John Rawls.Marek Hrubec - 2010 - Human Affairs 20 (2):135-150.
    The Law of Peoples and Global Justice: Beyond the Liberal Nationalism of John Rawls The paper deals with the relation of a theory of international justice, specifically John Rawls's philosophy of the law of peoples, and a theory of global justice. In the first part, the paper outlines Rawls's main theses on the international conception of the law of peoples. The second part concerns a problem found in segments of Rawls's theory, specifically his concept of a social contract—contractualism. This problem (...)
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  • Representing future generations: political presentism and democratic trusteeship.Dennis F. Thompson - 2010 - Critical Review of International Social and Political Philosophy 13 (1):17-37.
    Democracy is prone to what may be called presentism – a bias in the laws in favor of present over future generations. I identify the characteristics of democracies that lead to presentism, and examine the reasons that make it a serious problem. Then I consider why conventional theories are not adequate to deal with it, and develop a more satisfactory alternative approach, which I call democratic trusteeship. Present generations can represent future generations by acting as trustees of the democratic process. (...)
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  • The Limits of Contractual Equality: A Reply to Jacques Bidet.Gerald A. Cohen - 1995 - Ratio Juris 8 (1):85-90.
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  • Rawls’s Self-Defeat: A Formal Analysis.Hun Chung - 2020 - Erkenntnis 85 (5):1169-1197.
    One of John Rawls’s major aims, when he wrote A Theory of Justice, was to present a superior alternative to utilitarianism. Rawls’s worry was that utilitarianism may fail to protect the fundamental rights and liberties of persons in its attempt to maximize total social welfare. Rawls’s main argument against utilitarianism was that, for such reasons, the representative parties in the original position will not choose utilitarianism, but will rather choose his justice as fairness, which he believed would securely protect the (...)
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  • The morality of economic behaviour.Vangelis Chiotis - 2015 - Journal of Global Ethics 11 (2):188-204.
    One approach to moral economy wishes to show that it is rational to be moral. As rational morality has received little attention from economics, as opposed to political philosophy, this article examines it in an economics framework. Rational morality refers primarily to individual behaviour so that one may also speak of it as moral microeconomics. When a group of agents are disposed to constrain their maximisation, that behaviour may be considered rational. However, this relies on ‘moralised’ assumptions about individual behaviour. (...)
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  • Motivating Justice.Vittorio Bufacchi - 2005 - Contemporary Political Theory 4 (1):25-41.
    This article challenges the received view on the role of motivations in contemporary theories of social justice. Neo-Kantians argue that a theory of justice must be rooted in moral motivations of reasonableness, not rationality. Yet reasonableness is a demanding motivation, stipulating actions that people may not be able or willing to perform. This opens egalitarians like Rawls to the accusation of prescribing a political philosophy that is not 'followable'. The aim of this article is to explore the benefits for egalitarian (...)
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  • Justice as Non-maleficence.Vittorio Bufacchi - 2020 - Theoria: A Journal of Social and Political Theory 67 (162):1-27.
    The principle of non-maleficence, primum non nocere, has deep roots in the history of moral philosophy, being endorsed by John Stuart Mill, W. D. Ross, H. L. A. Hart, Karl Popper and Bernard Gert. And yet, this principle is virtually absent from current debates on social justice. This article suggests that non-maleficence is more than a moral principle; it is also a principle of social justice. Part I looks at the origins of non-maleficence as a principle of ethics, and medical (...)
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  • Democratic justice and contractarian injustice.Vittorio Bufacchi - 2017 - Critical Review of International Social and Political Philosophy 20 (2):222-230.
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  • The structure of justification in political constructivism.Michael Buckley - 2010 - Metaphilosophy 41 (5):669-689.
    Abstract: In this article the author develops the view, held by some, that political constructivism is best interpreted as a pragmatic enterprise aiming to solve political problems. He argues that this interpretation's structure of justification is best conceived in terms of two separate investigations—one develops a normative solution to a particular political problem by working up into a coherent whole certain moral conceptions of persons and society; and the other is an empirically based analysis of the political problem. The author (...)
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  • John Rawls, "the law of peoples," and international political theory.Chris Brown - 2000 - Ethics and International Affairs 14:125–132.
    "The Law of Peoples" has been extended into a monograph with the same title,which is the main focus of this essay. Brown includes a sketch of Rawls’s project as a whole as a necessary preliminary.
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  • Review Article: Modus vivendi versus public reason and liberal equality: three approaches to liberal democracy.Harald Borgebund - 2015 - Critical Review of International Social and Political Philosophy 18 (5):564-575.
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  • Le libéralisme politique de Rawls.Pierre-Yves Bonin - 1994 - Dialogue 33 (1):79-.
    Dans les premières années qui ont suivi la parution de son monumentalA Theory of Justice, Rawls s'est surtout employé dans quelques articles à répondre à ses critiques, à dissiper les malentendus ainsi qu'à expliciter certains aspects de sa théorie, sans proposer de changements significatifs. À partir de la publication desDewey Lectures, sous la pression des critiques ou suivant le cours naturel de sa réflexion, Rawls a graduellement procéde à d'importantes révisions. Presque essentiellement préoccupé par la signification et la justification de (...)
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  • Is Maximin egalitarian?Jacob Barrett - 2020 - Synthese 197 (2):817-837.
    According to the Maximin principle of distributive justice, one outcome is more just than another if the worst off individual in the first outcome is better off than the worst off individual in the second. This is often interpreted as a highly egalitarian principle, and, more specifically, as a highly egalitarian way of balancing a concern with equality against a concern with efficiency. But this interpretation faces a challenge: why should a concern with efficiency and equality lead us to a (...)
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  • Contractual Justice: A Modest Defence.Brian Barry - 1996 - Utilitas 8 (3):357-380.
    As the author ofJustice as Impartiality, I am not ashamed to admit that I was delighted by the liveliness of the discussion generated by it at the meeting on which this symposium is based. I am likewise grateful to the six authors for finding the book worthy of the careful attention that they have bestowed on it. Between them, the symposiasts take up many more points than I can cover in this response. I shall therefore focus on some themes that (...)
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  • Thirty Years of Environmental Theory: From Value Theory and Meta‐Ethics to Political Theory.Avner de-Shalit - 2006 - Critical Review of International Social and Political Philosophy 9 (1):85-105.
    Thirty years ago the American philosopher Holmes Rolston published a seminal article in Ethics announcing the birth of a new sub‐discipline in philosophy: environmental ethics. However, while environmental ethicists focused on meta‐ethical questions, the public needed answers to many political questions and dilemmas. This gave rise to some fascinating works in environmental political theory. This essay analyses their achievement – what has been solved and what still remains to be studied – focusing on three main topics: justice and the environment, (...)
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  • The Idea of "Free Public Reason".Catherine Audard - 1995 - Ratio Juris 8 (1):15-29.
    . In this paper the nature and the role of Rawls's idea of a “free public reason” are examined with an emphasis on the divide between the private and the public spheres, a divide which is the hallmark of a liberal democracy. Criticisms from both the so‐called Continental tradition and the Communitarian opponents to liberalism insist on the ineffectiveness of such a conception, on its inability to establish a political consensus on democracy. But it would be a mistake to see (...)
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  • The Idea of “Free Public Reason”.Catherine Audard - 1995 - Ratio Juris 8 (1):15-29.
    In this paper the nature and the role of Rawls's idea of a “free public reason” are examined with an emphasis on the divide between the private and the public spheres, a divide which is the hallmark of a liberal democracy. Criticisms from both the so-called Continental tradition and the Communitarian opponents to liberalism insist on the ineffectiveness of such a conception, on its inability to establish a political consensus on democracy. But it would be a mistake to see a (...)
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  • Dignity and the Value of Rejecting Profitable but Insulting Offers.E. Athanasiou, A. J. London & K. J. S. Zollman - 2015 - Mind 124 (494):409-448.
    In this paper we distinguish two competing conceptions of dignity, one recognizably Hobbesian and one recognizably Kantian. We provide a formal model of how decision-makers committed to these conceptions of dignity might reason when engaged in an economic transaction that is not inherently insulting, but in which it is possible for the dignity of the agent to be called into question. This is a modified version of the ultimatum game. We then use this model to illustrate ways in which the (...)
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  • Confronting a World without Justice: Brian Barry's Why Social Justice Matters.Alex Callinicos - 2006 - Critical Review of International Social and Political Philosophy 9 (3):461-472.
    (2006). Confronting a World without Justice: Brian Barry’s Why Social Justice Matters. Critical Review of International Social and Political Philosophy: Vol. 9, No. 3, pp. 461-472.
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  • Material scarcity and scalar justice.Matthew Adams & Ross Mittiga - 2020 - Philosophical Studies 178 (7):2237-2256.
    We defend a scalar theory of the relationship between material scarcity and justice. As scarcity increases beyond a specified threshold, we argue that deontological egalitarian constraints should be gradually relaxed and consequentialist considerations should increasingly determine distributions. We construct this theory by taking a bottom-up approach that is guided by principles of medical triage. Armed with this theory, we consider the range of conditions under which justice applies. We argue that there are compelling reasons for thinking that justice applies under (...)
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  • Die Relevanz idealer Theorie bei der Beurteilung praktischer Probleme.Jürgen Sirsch - 2012 - Zeitschrift Für Politische Theorie 3 (1).
    The paper discusses the adequate role of ideal theory for the discussion of practical problems. Therefore, I will reconstruct the Rawlsian understanding of the ideal-theoretical method and confront it with the critiques of Raymond Geuss and Amartya Sen. While Geuss is sceptical, whether ideal theory provides an appropriately critical perspective, Sen doubts the practical usefulness of ideal-theoretical models. It will be shown, that Rawlsian ideal theory can deal with these criticisms and that it is a useful tool for solving practical (...)
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  • Much ado about nothing?: Barry, justice and animals.Robert Garner - 2012 - Critical Review of International Social and Political Philosophy 15 (3):363-376.
    This article examines the extent to which Brian Barry’s contractarian political theory – justice as impartiality – is able to incorporate the interests of animals. Despite the initial optimism that Barry might provide a theory of justice that can provide substantial protection for the interests of animals, it is clear that he offers relatively little. Insofar as animals can be protected within justice as impartiality, they are not being protected as a result of their intrinsic value, but merely as one, (...)
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  • The coherence of Rawls's plea for democratic equality.Percy B. Lehning - 1998 - Critical Review of International Social and Political Philosophy 1 (4):1-41.
    In 1971, John Rawls published A Theory of Justice, the burden of which was strongly egalitarian. But Rawls eventually came to the conclusion that the project of working out a stable, well‐ordered society as argued in A Theory of Justice had failed. In 1993, in Political Liberalism, Rawls sought to establish a sounder theoretical foundation for a stable, well‐ordered society. Rawls was widely viewed, however, as having given up egalitarianism in Political Liberalism ‐ the commitment to a fair distribution, or (...)
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  • Justice as mutual advantage and the vulnerable.Peter Vanderschraaf - 2011 - Politics, Philosophy and Economics 10 (2):119-147.
    Since at least as long ago as Plato’s time, philosophers have considered the possibility that justice is at bottom a system of rules that members of society follow for mutual advantage. Some maintain that justice as mutual advantage is a fatally flawed theory of justice because it is too exclusive. Proponents of a Vulnerability Objection argue that justice as mutual advantage would deny the most vulnerable members of society any of the protections and other benefits of justice. I argue that (...)
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  • Serge Kolm on Social Justice and the Social Contract: A Contextual Analysis and a Critique.Laurent Dobuzinskis - 2000 - The European Legacy 5 (5):687-702.
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  • Indirect utility, justice, and equality in the political thought of David Hume.Mark E. Yellin - 2000 - Critical Review: A Journal of Politics and Society 14 (4):375-389.
    Abstract Differing interpretations of the political thought of David Hume have tended to emphasize either conservative, gradualist elements similar to Burke or rationalist aspects similar to Hobbes. The concept of indirect utility as used by Hume reconciles these two approaches. Indirect utility is best illustrated by Hume's conception of justice, in contrast to his conception of benevolence, which yields direct benefits. This understanding of Hume's consequentialism also helps underscore certain egalitarian aspects of Hume's thought.
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  • Pluralistic models of political obligation.Jonathan Wolff - 1995 - Philosophica 56 (2):7-27.
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  • In defense of unfair compromises.Fabian Wendt - 2019 - Philosophical Studies 176 (11):2855-2875.
    It seems natural to think that compromises ought to be fair. But it is false. In this paper, I argue that it is never a moral desideratum to reach fair compromises and that we are sometimes even morally obligated to try to establish unfair compromises. The most plausible conception of the fairness of compromises is David Gauthier’s principle of minimax relative concession. According to that principle, a compromise is fair when all parties make equal concessions relative to how much they (...)
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  • Four Design Criteria for any Future Contractarian Theory of Business Ethics.Ben Wempe - 2008 - Journal of Business Ethics 81 (3):697-714.
    This article assesses the quality of Integrative Social Contracts Theory (ISCT) as a social contract argument. For this purpose, it embarks on a comparative analysis of the use of the social contract model as a theory of political authority and as a theory of social justice. Building on this comparison, it then develops four criteria for any future contractarian theory of business ethics (CBE). To apply the social contract model properly to the domain of business ethics, it should be: (1) (...)
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  • The right to health versus good medical care?Albert Weale - 2012 - Critical Review of International Social and Political Philosophy 15 (4):473-493.
    There are two discourses that are used in connection with the provision of good healthcare: a rights discourse and a beneficial design discourse. Although the logical force of these two discourses overlaps, they have distinct and incompatible implications for practical reasoning about health policy. The language of rights can be interpreted as the ground of a well-designed healthcare system stressing the values of equality and inclusion, but it has less application when dealing with questions of cost-effectiveness. This difference reflects the (...)
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  • On the logic of productive cooperation: a response to critics.Albert Weale - 2017 - Critical Review of International Social and Political Philosophy 20 (2):251-267.
    This paper identifies and responds to four critiques of democratic contractarianism, as advocated in Democratic Justice and the Social Contract, to be found in this symposium. The first is that, as a contingent practice-dependent account of justice, democratic contractarianism lacks the capacity to explain civic cooperation. The second is that, despite its intentions, Democratic Justice does not lay out an authentic contractarian theory. The third is that the theory is incompatible with our considered judgements about justice. And the fourth is (...)
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  • Associative Obligation and the Social Contract.Albert Weale - 2017 - Philosophia 45 (2):463-476.
    John Horton has argued for an associative theory of political obligation in which such obligation is seen as a concomitant of membership of a particular polity, where a polity provides the generic goods of order and security. Accompanying these substantive claims is a methodological thesis about the centrality of the phenomenology of ordinary moral consciousness to our understanding of the problem of political obligation. The phenomenological strategy seems modest but in some way it is far-reaching promising to dissolve some long-standing (...)
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  • Rescuing justice from equality.Steven Wall - 2012 - Social Philosophy and Policy 29 (1):180-212.
    Research Articles Steven Wall, Social Philosophy and Policy, FirstView Article.
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  • Leaving a Legacy: Intergenerational Allocations of Benefits and Burdens.Kimberly A. Wade-Benzoni, Harris Sondak & Adam D. Galinsky - 2010 - Business Ethics Quarterly 20 (1):7-34.
    In six experiments, we investigated the role of resource valence in intergenerational attitudes and allocations. We found that, compared to benefits, allocating burdens intergenerationally increased concern with one’s legacy, heightened ethical concerns, intensified moral emotions (e.g., guilt, shame), and led to feelings of greater responsibility for and affinity with future generations. We argue that, because of greater concern with legacies and the associated moral implications of one’s decisions, allocating burdens leads to greater intergenerational generosity as compared to benefits. Our data (...)
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  • Leaving a Legacy: Intergenerational Allocations of Benefits and Burdens.Kimberly A. Wade-Benzoni, Harris Sondak & Adam D. Galinsky - 2010 - Business Ethics Quarterly 20 (1):7-34.
    In six experiments, we investigated the role of resource valence in intergenerational attitudes and allocations. We found that, compared to benefits, allocating burdens intergenerationally increased concern with one’s legacy, heightened ethical concerns, intensified moral emotions (e.g., guilt, shame), and led to feelings of greater responsibility for and affinity with future generations. We argue that, because of greater concern with legacies and the associated moral implications of one’s decisions, allocating burdens leads to greater intergenerational generosity as compared to benefits. Our data (...)
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  • The silver bullet: justice as mutual advantage and the vulnerability objection.Jeppe von Platz - 2022 - Synthese 200 (2):1-23.
    Justice as mutual advantage appears to show inadequate concern for those that are insufficiently useful to others, implying that those that are most in need of the protections of justice fall outside the scope of justice as mutual advantage. Vanderschraaf offers a novel reply to this objection. He presents a game–the Indefinitely Repeated Provider-Recipient Game–which establishes that in some situations justice as mutual advantage can show concern for the vulnerable. This finding, however, does not match the problem raised by the (...)
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  • What’s Wrong with Social Norms?: An Alternative to Elster’s Theory.Frans van Zetten - 1997 - Canadian Journal of Philosophy 27 (3):339-360.
    Is guidance by social norms compatible with rationality? Jon Elster has argued in The Cement of Society that there is a fundamental contrast between rationality and conformity to social norms. The context of study is the problem of collective action, with special emphasis on collective wage bargaining. In such negotiations, the appeal to social norms rather than to self-interest can block agreement. Suppose one union is committed to the norm of equal pay for equal work; another one appeals to the (...)
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  • Voting secrecy and the right to justification.Pierre-Etienne Vandamme - 2018 - Constellations 25 (3):388-405.
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  • Social Justice and Individual Ethics.Philippe van Parijs - 1993 - Philosophica 52 (1):40-63.
    . If one is committed to a “Rawlsian” conception of justice, is one not also necessarily committed to a “Christian” personal ethics? MOE explicitly, if one believes that social justice requires the maximinning of material conditions, should one not use one's time and resources as well as one can in order to assist the poorest? The paper offers a very partial answer to these questions by arguing for the following two claims: Contrary to what is implied by some egalitarian critics (...)
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  • Some advantages of one form of argument for the maximin principle.Mark van Roojen - 2008 - Acta Analytica 23 (4):319-335.
    This paper presents a non-consequentialist defense of Rawls’s general conception of justice requiring that primary social goods be distributed so that the least share is as great as possible. It suggests that a defense of this idea can be offered within a Rossian framework of prima facie duties. The prima facie duty not to harm constrains people from supporting social institutions which do not leave their fellows with goods and resources above a certain threshold. The paper argues that societies in (...)
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  • Reply to critics.Peter Vanderschraaf - 2020 - Philosophical Studies 178 (5):1741-1756.
    I reply to commentaries by Justin Bruner, Robert Sugden and Gerald Gaus. My response to Bruner focuses on conventions of bargaining problems and arguments for characterizing the just conventions of these problems as monotone path solutions. My response to Sugden focuses on how the laws of humanity present in Hume’s discussion of vulnerable individuals might be incorporated into my own proposed account of justice as mutual advantage. My response to Gaus focuses on whether or not my account of justice as (...)
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  • Rawlsians, Christians and Patriots: Maximin justice and individual ethics.Philippe Van Parijs - 1993 - European Journal of Philosophy 1 (3):309-342.
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  • Precis of Strategic justice: convention and problems of balancing divergent interests.Peter Vanderschraaf - 2020 - Philosophical Studies 178 (5):1701-1705.
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  • Justice and democracy: Are they incompatible?Philippe van Parijs - 1996 - Journal of Political Philosophy 4 (2):101–117.
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  • Justice and Democracy: Are they Incompatible?Philippe van Parijs - 1996 - Journal of Political Philosophy 4 (2):101-117.
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  • Liberal nationalism and cosmopolitan justice.Kok-Chor Tan - 2002 - Ethical Theory and Moral Practice 5 (4):431-461.
    Many liberals have argued that a cosmopolitan perspective on global justice follows from the basic liberal principles of justice. Yet, increasingly, it is also said that intrinsic to liberalism is a doctrine of nationalism. This raises a potential problem for the liberal defense of cosmopolitan justice as it is commonly believed that nationalism and cosmopolitanism are conflicting ideals. If this is correct, there appears to be a serious tension within liberal philosophy itself, between its cosmopolitan aspiration on the one hand, (...)
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  • Contractarianism and Secondary Direct Moral Standing for Marginal Humans and Animals.Julia Tanner - 2013 - Res Publica 19 (2):1-16.
    It is commonly thought that neo-Hobbesian contractarianism cannot yield direct moral standing for marginal humans and animals. However, it has been argued that marginal humans and animals can have a form of direct moral standing under neo-Hobbesian contractarianism: secondary moral standing. I will argue that, even if such standing is direct, this account is unsatisfactory because it is counterintuitive and fragile.
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  • A critical theory of democratic agency: An interview with Eva Erman.Øyvind Stokke - 2016 - Etikk I Praksis - Nordic Journal of Applied Ethics 2 (2):109-118.
    In this interview, Eva Erman clarifies basic concepts and distinctions in her research on democratic theory, discourse theory and global institutions, relating some of them to current issues.
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