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Judging Necessity

Political Theory 36 (4):550-577 (2008)

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  1. Security and democratic equality.Brian Milstein - 2021 - Contemporary Political Theory 20 (4):836-857.
    After a recent spate of terrorist attacks in European and American cities, liberal democracies are reintroducing emergency securitarian measures that curtail rights and/or expand police powers. Political theorists who study ESMs are familiar with how such measures become instruments of discrimination and abuse, but the fundamental conflict ESMs pose for not just civil liberty but also democratic equality still remains insufficiently explored. Such phenomena are usually explained as a function of public panic or fear-mongering in times of crisis, but I (...)
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  • Locke, liberty, and law: Legalism and extra-legal powers in the Second Treatise.Assaf Sharon - 2019 - Sage Publications: European Journal of Political Theory 21 (2):230-252.
    European Journal of Political Theory, Volume 21, Issue 2, Page 230-252, April 2022. The apparent inconsistency between Locke’s commitment to legalism and his explicit endorsement of the extra-legal power of prerogative has confounded many readers. Among those who don’t ignore or dismiss it, the common approach is to qualify the role or scope of prerogative. The article advocates the opposite approach. It argues that Locke’s legalism should be understood within the context of his oft neglected conception of political liberty in (...)
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  • Locke, liberty, and law: Legalism and extra-legal powers in the Second Treatise.Assaf Sharon - 2022 - European Journal of Political Theory 21 (2):230-252.
    The apparent inconsistency between Locke’s commitment to legalism and his explicit endorsement of the extra-legal power of prerogative has confounded many readers. Among those who don’t ignore or dismiss it, the common approach is to qualify the role or scope of prerogative. The article advocates the opposite approach. It argues that Locke’s legalism should be understood within the context of his oft neglected conception of political liberty in terms of self-government. This not only allows for the reconciliation of Locke’s legalism (...)
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