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  1. Realizing Freedom as Non-Domination: Political Obligation in Kant’s Doctrine of Right.Robert Patrick Whelan - forthcoming - Res Publica:1-17.
    Prominent Kantian scholars, such as Korsgaard and Waldron, claim that the very existence of juridical-political institutions is sufficient to render laws authoritative. Critics argue that this view is unpersuasive as it requires subjects to obey grossly unjust laws. Here, I identify two problems facing scholars who reject the absolutist view of political authority proffered by Korsgaard and Waldron. First, when there is reasonable disagreement regarding a law’s legitimacy the Principle of Right generates contradictory obligations as it commands both disobedience and (...)
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  • Democratic Authority and the Boundary Problem.A. John Simmons - 2013 - Ratio Juris 26 (3):326-357.
    Theories of political authority divide naturally into those that locate the source of states' authority in the history of states' interactions with their subjects and those that locate it in structural (or functional) features of states (such as the justice of their basic institutions). This paper argues that purely structuralist theories of political authority (such as those defended by Kant, Rawls, and contemporary “democratic Kantians”) must fail because of their inability to solve the boundary problem—namely, the problem of locating the (...)
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  • Justice and Vulnerability in Europe: An Interdisciplinary Approach.Trudie Knijn & Dorota Lepianka (eds.) - 2020 - Northampton: Edward Elgar Publishing Ltd.
    Justice and Vulnerability in Europe contributes to the understanding of justice in Europe from both a theoretical and empirical perspective. It shows that Europe is falling short of its ideals and justice-related ambitions by repeatedly failing its most vulnerable populations. Interdisciplinary and expert contributors search for the explanations behind these failing ambitions, through analysis of institutional discourse, legal debate and practice and the daily experiences of vulnerable populations, such as those dependent on social care and welfare. By setting tentative criteria (...)
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  • From Political Philosophy to Messy Empirical Reality.Miklos Zala, Simon Rippon, Tom Theuns, Sem de Maagt & Bert van den Brink - 2020 - In Trudie Knijn & Dorota Lepianka (eds.), Justice and Vulnerability in Europe. Edward Elgar Publishing. pp. 37-53.
    This chapter describes how philosophical theorizing about justice can be connected with empirical research in the social sciences. We begin by drawing on some received distinctions between ideal and non-ideal approaches to theorizing justice along several different dimensions, showing how non-ideal approaches are needed to address normative aspects of real-world problems and to provide practical guidance. We argue that there are advantages to a transitional approach to justice focusing on manifest injustices, including the fact that it enables us to set (...)
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  • Thinking About Justice: A Traditional Philosophical Framework.Simon Rippon, Miklos Zala, Tom Theuns, Sem de Maagt & Bert van den Brink - 2020 - In Trudie Knijn & Dorota Lepianka (eds.), Justice and Vulnerability in Europe. Edward Elgar Publishing. pp. 16-36.
    This chapter describes a philosophical approach to theorizing justice, mapping out some main strands of the tradition leading up to contemporary political philosophy. We first briefly discuss what distinguishes a philosophical approach to justice from other possible approaches to justice, by explaining the normative focus of philosophical theories of justice – that is, a focus on questions not about how things actually are, but about how things ought to be. Next, we explain what sorts of methods philosophers use to justify (...)
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  • Content-Independence and Natural-Duty Theories of Political Obligation.Jiafeng Zhu - 2018 - Philosophy and Social Criticism 44 (1):61-80.
    This paper contends that the requirement of content independence poses a pressing challenge to natural-duty theories of political obligation, for it is unclear why subjects of a state should not discharge the background natural duty in proper ways other than obeying the law. To demonstrate the force of this challenge, I examine and refute three argumentative strategies to achieve content independence represented in recent notable natural-duty theories: by appealing to the epistemic advantages of the state in discharging a natural duty, (...)
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  • Acceptability, Impartiality, and Peremptory Norms of General International Law.Eun-Jung Katherine Kim - 2015 - Law and Philosophy 34 (6):661-697.
    Peremptory norms of general international law are universally binding prohibitions that override any consideration for non-compliance. The question is how nonconsensual norms emerge from a consensual international legal order. It appears that either the peremptoriness of jus cogens renders consent superfluous to the norm’s binding force or consent divests jus cogens of its peremptory status. The goal of this paper is to resolve the dilemma by explaining why jus cogens is exempt from the general requirement of consent that binds states (...)
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  • Keeping Truth Safe From Democracy.Christopher Jay - 2009 - Public Reason 1 (2).
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