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  1. Absolute Freedom of Contract: Grotian Lessons for Libertarians.Jeppe von Platz - 2013 - Critical Review: A Journal of Politics and Society 25 (1):107-119.
    Libertarians often rely on arguments that subordinate the principle of liberty to the value of its economic consequences. This invites the question of what a pure libertarian theory of justice—one that takes liberty as its overriding concern—would look like. Grotius's political theory provides a template for such a libertarianism, but it also entails uncomfortable commitments that can be avoided only by compromising the principle of liberty. According to Grotius, each person should be free to decide how to act as long (...)
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  • The Human Right to Water and Common Ownership of the Earth.Mathias Risse - 2013 - Journal of Political Philosophy 22 (2):178-203.
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  • Knowing the Essence of the State in Spinoza's Tractatus Theologico‐Politicus.Aaron Garrett - 2012 - European Journal of Philosophy 20 (1):50-73.
    This paper argues that Spinoza's main political writings are concerned, in part, with knowledge of essences as detailed in the Ethics. It is further argued that knowledge of the essences of states, and essential properties that belong to states, may be an example of the elusive scientia intuitiva or third kind of knowledge. The paper concludes by considering Spinoza's goals in his political writings and the importance of metaphysics and the theory of knowledge more broadly for early modern political philosophers.
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  • Rights, Liability, and the Moral Equality of Combatants.Uwe Steinhoff - 2012 - The Journal of Ethics 16 (4):339-366.
    According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the (...)
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  • Inalienable rights: A litmus test for liberal theories of justice.David Ellerman - 2010 - Law and Philosophy 29 (5):571-599.
    Liberal-contractarian philosophies of justice see the unjust systems of slavery and autocracy in the past as being based on coercion—whereas the social order in modern democratic market societies is based on consent and contract. However, the ‘best’ case for slavery and autocracy in the past were consent-based contractarian arguments. Hence, our first task is to recover those ‘forgotten’ apologia for slavery and autocracy. To counter those consent-based arguments, the historical anti-slavery and democratic movements developed a theory of inalienable rights. Our (...)
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  • Environmental Just Wars: Jus ad Bellum and the Natural Environment.Tamar Meisels - forthcoming - Journal of Applied Philosophy.
    War is bad for the environment, yet the environmental ramifications of warfare have not been widely addressed by just war theorists and revisionist philosophers of war. The law and legal scholars have paid more attention to protecting nature during armed conflict. But because the law focuses invariably on rules mitigating the conduct of hostilities rather than on objective justice of cause, environmental jus ad bellum has been explored even less extensively than environmental ethics in war. Setting out with the presumption (...)
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  • Leibniz as a virtue ethicist.Hao Dong - 2024 - Philosophy and Phenomenological Research 109 (2):505-527.
    In this paper I argue that Leibniz's ethics is a kind of virtue ethics where virtues of the agent are explanatorily primary. I first examine how Leibniz obtained his conception of justice as a kind of love in an early text, Elements of Natural Law. I show that in this text Leibniz's goal was to find a satisfactory definition of justice that could reconcile egoism with altruism, and that this was achieved through the Aristotelian virtue of friendship where friends treat (...)
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  • The origins of the social contract’s idea and the Modern constructivism.Sergii Proleiev & Victoria Shamrai - 2004 - Sententiae 10 (1):257-271.
    The authors of the article aim to show the ideological and historical origins of the idea of a social contract, as well as the fundamental difference between the modern version of the social contract and its historical predecessors. By distinguishing between the synodal and contractual principles of integration, the authors conclude that the social contract is not a purely modern political idea. The contractual principle as the basis of the organization and legitimization of power was systematically developed already in the (...)
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  • Secrets vs. Lies: Is There A Moral Asymmetry?Mahon James - 2018 - In Eliot Michaelson & Andreas Stokke (eds.), Lying: Language, Knowledge, Ethics, and Politics. Oxford: Oxford University Press. pp. 161-182.
    In this chapter I argue that the traditional interpretation of the commonly accepted moral asymmetry between secrets and lies is incorrect. On the standard interpretation of the commonly accepted view, lies are prima facie or pro tango morally wrong, whereas secrets are morally permissible. I argue that, when secrets are distinguished from mere acts of reticence and non-acknowledgement, as well as from acts of deception, so that they are defined as acts of not sharing believed-information while believing that the believed-information (...)
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  • Property and the Will: Kant and Achenwall on Ownership Rights.Fiorella Tomassini - 2023 - Kantian Review 28 (2):297-313.
    This article examines Kant’s theory of property through a comparative analysis of Gottfried Achenwall’s justification of ownership rights. I argue that at the core of Achenwall’s and Kant’s understanding of ownership rights lies the idea that rights are to be acquired through a juridical act (factum iuridicum, rechtlichen Act) of the will. However, while Achenwall thinks of this act as emerging from a private will, Kant holds that rights and obligations can only be brought about by an act of the (...)
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  • The Chinese Marxist Approach to Human Rights.Dongxin Shu - 2022 - Open Journal of Philosophy 12 (3):342-359.
    The Western liberal view of human rights has been imposed by the West on the rest of the world as universal values applicable to all cultures and traditions. This paper argues that the Chinese Marxist approach provides an alternative conceptualization of human rights, which entails anti-hegemonic sovereignty, and prioritization of social and economic rights over others. It begins with distinction between false universal and genuine universal to illustrate that the West-promoted universal is false rather than genuine. Western liberal view of (...)
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  • Editorial: New Perspectives on Hutcheson's Moral Philosophy.Michael Walschots - 2022 - Journal of Scottish Philosophy 20 (2).
    Guest Editor's Introduction to a special issue of the Journal of Scottish Philosophy exploring 'New Perspectives on Hutcheson's Moral Philosophy'. The purpose of the special issue is to explore aspects of Hutcheson’s moral philosophy that have not received a great deal of attention in the past and to thereby illustrate that his contributions to the history of ethics are far richer than the current secondary literature suggests.
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  • Hutcheson's Theory of Obligation.Michael Walschots - 2022 - Journal of Scottish Philosophy 20 (2):121-142.
    In this article I argue that Hutcheson has a theory of obligation that is different in important ways from the views of his predecessors and that his theory may not be as problematic as critics have claimed. In section (I) I sketch a brief picture of the rich conceptual landscape surrounding the concept of obligation in the Early Modern period. I focus on the five figures Hutcheson explicitly references: Hugo Grotius, Samuel Pufendorf, their French translator and commentator Jean Barbeyrac, as (...)
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  • The Point of Promises.Stefan Https://Orcidorg Riedener & Philipp Https://Orcidorg Schwind - 2022 - Ethics 132 (3):621-643.
    The normative mechanics of promising seem complex. The strength and content of promissory obligations, and the residual duties they entail upon being violated, have various prima facie surprising features. We give an account to explain these features. Promises have a point. The point of a promise to φ is a promise-independent reason to φ for the promisee’s sake. A promise turns this reason into a duty. This explains the mechanics of promises. And it grounds a nuanced picture of immoral promises, (...)
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  • What is a City?Achille C. Varzi - 2019 - Topoi 40 (2):399-408.
    Cities are mysteriously attractive. The more we get used to being citizens of the world, the more we feel the need to identify ourselves with a city. Moreover, this need seems in no way distressed by the fact that the urban landscape around us changes continuously: new buildings rise, new restaurants open, new stores, new parks, new infrastructures… Cities seem to vindicate Heraclitus’s dictum: you cannot step twice into the same river; you cannot walk twice through the same city. But, (...)
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  • Personal Identity and Self-Interpretation & Natural Right and Natural Emotions.Gabor Boros, Judit Szalai & Oliver Toth (eds.) - 2020 - Budapest: Eötvös University Press.
    Collection of papers presented at the 2nd and 3rd Budapest Seminar in Early Modern Philosophy.
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  • Immoral lies and partial beliefs.Neri Marsili - 2022 - Inquiry: An Interdisciplinary Journal of Philosophy 65 (1):117-127.
    In a recent article, Krauss (2017) raises some fundamental questions concerning (i) what the desiderata of a definition of lying are, and (ii) how definitions of lying can account for partial beliefs. This paper aims to provide an adequate answer to both questions. Regarding (i), it shows that there can be a tension between two desiderata for a definition of lying: 'descriptive accuracy' (meeting intuitions about our ordinary concept of lying), and 'moral import' (meeting intuitions about what is wrong with (...)
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  • Machiavelli’s realist image of humanity and his justification of the state.Manuel Knoll - 2018 - Filozofija I Društvo 29 (2):182-201.
    This article examines Machiavelli’s image of humanity. It argues against the prevailing views that characterize it either as pessimistic or optimistic and defends the thesis that the Florentine has a realist image of humanity. Machiavelli is a psychological egoist who conceives of man as a being whose actions are motivated by his drives, appetites, and passions, which lead him often to immoral behavior. Man’s main drives are “ambition” (ambizione) and “avarice” (avarizia). This article also investigates Machiavelli’s concept of nature and (...)
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  • Consent, Kant, and the Ethics of Debt.Padgett-Walsh Kate - unknown
    The 2008 housing and financial crisis brought to light many ethically questionable lending and borrowing practices. As we learn more about what caused this crisis, it has become apparent that we need to think more carefully about the conditions under which can loans be ethically offered and accepted, but also about when it might be morally permissible to default on debts. I critique two distinct philosophical approaches to assessing the ethics of debt, arguing that both approaches are too simplistic because (...)
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  • Human Rights, An Overview.Abram Trosky - 2014 - Encyclopedia of Critical Psychology:908–915.
    The discursive character of human rights prevents a precise summary of historical origin, rationale, or definition outside of the various codifications in religious texts, secular philosophies, founding national documents, and international treaties, charters, conventions, covenants, declarations, and protocols. Regarding the objects of human rights, we can speak of a “foundational five” 1) Personal security 2) Material subsistence 3) Elemental equality 4) Personal Freedom and 5) Recognition as a member of the human community. Despite, or perhaps because of its multivalence, the (...)
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  • Just Cause for War.Jeff McMahan - 2005 - Ethics and International Affairs 19 (3):1-21.
    A just cause for war is a type of wrong that may make those responsible for it morally liable to military attack as a means of preventing or rectifying it. This claim has implications that conflict with assumptions of the current theory of just war.
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  • Spinoza, Hume, and the fate of the natural law tradition.Rudmer Bijlsma - 2015 - International Journal of Philosophy and Theology 76 (4):267-283.
    This paper explores the common ground in the views on natural law, justice and sociopolitical development in Hume and Spinoza. Spinoza develops a radically revisionary position in the natural law debate, building upon the bold equation of right and power. Hume is best interpreted as offering a skeptical–empirical reworking of traditional natural law theories, which maintains much of the practical purport of these theories, while providing it with a new, metaphysically less firm, but also less problematic, foundation. What the two (...)
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  • Kant's Just War Theory.Steven Charles Starke - unknown
    The main thesis of my dissertation is that Kant has a just war theory, and it is universal just war theory, not a traditional just war theory. This is supported by first establishing the history of secular just war theory, specifically through a consideration of the work of Hugo Grotius, Rights of War and Peace. I take his approach, from a natural law perspective, as indicative of the just war theory tradition. I also offer a brief critique of this tradition, (...)
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  • Granting Automata Human Rights: Challenge to a Basis of Full-Rights Privilege.Lantz Fleming Miller - 2015 - Human Rights Review 16 (4):369-391.
    As engineers propose constructing humanlike automata, the question arises as to whether such machines merit human rights. The issue warrants serious and rigorous examination, although it has not yet cohered into a conversation. To put it into a sure direction, this paper proposes phrasing it in terms of whether humans are morally obligated to extend to maximally humanlike automata full human rights, or those set forth in common international rights documents. This paper’s approach is to consider the ontology of humans (...)
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  • Immigration.Christine Straehle - 2011 - In Deen K. Chatterjee (ed.), Encyclopedia of Global Justice. Springer. pp. 524-526.
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  • The Possibility of Contractual Slavery.Danny Frederick - 2016 - Philosophical Quarterly 66 (262):47-64.
    In contrast to eminent historical philosophers, almost all contemporary philosophers maintain that slavery is impermissible. In the enthusiasm of the Enlightenment, a number of arguments gained currency which were intended to show that contractual slavery is not merely impermissible but impossible. Those arguments are influential today in moral, legal and political philosophy, even in discussions that go beyond the issue of contractual slavery. I explain what slavery is, giving historical and other illustrations. I examine the arguments for the impossibility of (...)
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  • Does Classical Liberalism Imply Democracy?David Ellerman - 2015 - Ethics and Global Politics 8 (1):29310.
    There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today—particularly in America. Many contemporary libertarians and neo-Austrian economists represent the non-democratic strain in their promotion of non-democratic sovereign city-states (startup cities or charter cities). We will take the late James M. Buchanan as a representative of the democratic strain of classical liberalism. Since the (...)
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  • Egoism and Morality.Stephen Darwall - 2011 - In Desmond M. Clarke & Catherine Wilson (eds.), The Oxford handbook of philosophy in early modern Europe. Oxford: Oxford University Press.
    This article examines changes in the conception of morality and egoism in early modern Europe. It explains that the postulate that human beings were fractious, covetous, and endowed with a strong drive towards self-aggrandizement was associated with Thomas Hobbes, and his writings produced a strong counterflow in the form of assertions and demonstrations of altruism and benevolence as natural endowments of human beings. It suggests that the modern ethical thought has defined itself by its concern with a specific ethical conception (...)
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  • Green Libertarianism.Garvan Walshe - 2014 - Ethical Theory and Moral Practice 17 (5):955-970.
    People evolved as part of an ecosystem, making use of the Earth’s bounty without reflection. Only when our ancestors developed the capacity for moral agency could we begin to reflect on whether we had taken in excess of our due. This outlines a ‘green libertarianism’ in which our property rights are grounded in fundamental ecological facts. It further argues that it is immune from two objections levelled at right- and left- libertarian theories of acquisition: that Robert Nozick, without justification, divided (...)
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  • Reimagining a Global Ethic.Michael Ignatieff - 2012 - Ethics and International Affairs 26 (1):7-19.
    “Reimagining a global ethic” is a project worthy of Andrew Carnegie and of the Carnegie Council's upcoming commemoration of his founding gift in 1914. As a collaborative research project stretching forward over the next three years, it ought to be integrative and reconciliatory: that is, it must try to understand the globalization of ethics that has accompanied the globalization of commerce and communications and to figure out what ethical values human beings share across all our differences of race, religion, ethnicity, (...)
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  • (1 other version)Just war and justice of war: Refl ections on ethics of war. [REVIEW]Gaoshan Zuo - 2007 - Frontiers of Philosophy in China 2 (2):280-290.
    War can be defined as organized political violence among two or more nations. In accordance with the purpose, processes and results of war, the ethics of war generally comprises three aspects: right ethics, action ethics and duty ethics. The most important issue in ethics of war is “justice”. “Justice” and “injustice” as a conceptual pair do not prescribe the objective character of war but rather convey a subjective attitude and ethical position that have the potential to compel a populace to (...)
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  • Public war and the requirement of legitimate authority.Yuan Yuan - 2021 - Philosophical Studies 179 (1):265-288.
    This paper offers a non-reductivist account of the requirement of legitimate authority in warfare. I first advance a distinction between private and public wars. A war is private where individuals defend their private rights with their private means. A war is public where it either aims to defend public rights or relies on public means. I argue that RLA applies to public war but not private war. A public war waged by a belligerent without legitimate authority involves a form of (...)
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  • Territorial Loss as a Challenge for World Governance.Joachim Wündisch - 2019 - Philosophical Papers 48 (1):155-178.
    National governments have failed spectacularly to mitigate anthropogenic climate change and a sustainable approach to mitigation remains out of sight. This circumstance alone demonstrates t...
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  • Adam Smith and Richard Price on a Free Society of Equals.Nicole Whalen - 2022 - Canadian Journal of Philosophy 52 (2):208-222.
    In this article, I examine two competing republican ideals of a free society of equals in the eighteenth century. I claim that while the value of nondependency was central to the economic outlooks of both Adam Smith and Richard Price, their evaluations of free-market practices were dramatically distinct. In doing so, I introduce a new interpretation of the typologies of republicanism in the eighteenth century.
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  • (1 other version)Potentia e potestas no Leviathan de Hobbes.Maria Isabel Limongi - 2013 - Doispontos 10 (1).
    In the Leviathan, power can be understood in two different senses, which are carefully discriminated in its Latin version by the use of the terms potentia and potestas to translate, depending on the context and the type of power concerned, the English power. Potentia and potestas, although types of power of a different nature – one, the physical power that bodies have to take effect on each other; the other, the juridical power, out of which legal effects as justice itself (...)
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  • Natural Rights to Welfare.Siegfried Van Duffel - 2011 - European Journal of Philosophy 21 (4):641-664.
    : Many people have lamented the proliferation of human rights claims. The cure for this problem, it may be thought, would be to develop a theory that can distinguish ‘real’ from ‘supposed’ human rights. I argue, however, that the proliferation of human rights mirrors a deep problem in human rights theory itself. Contemporary theories of natural rights to welfare are historical descendants from a theory of rights to subsistence which was developed in twelfth-century Europe. According to this theory, each human (...)
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  • As Good As ‘Enough and As Good’.Bas van der Vossen - 2021 - Philosophical Quarterly 71 (1):183-203.
    The Lockean theory of property licenses unilateral appropriation on the condition that there be ‘enough, and as good left in common for others’. However, the meaning of this proviso is all but clear. This article argues that the proviso is centered around the Lockean theory of freedom. To be free, I argue, we must be ‘non-subjected’ in the exercise of our rights, including our rights to appropriate. We enjoy such freedom only when the ability to exercise our rights does not (...)
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  • From divine oracles to the higher criticism: Andrew D. white and the warfare of science with theology in christendom.James C. Ungureanu - 2021 - Zygon 56 (1):209-233.
    Historians of science and religion have given little attention to how historical‐critical scholarship influenced perceptions of the relationship between science and religion in the nineteenth century. However, the so‐called “cofounders” of the “conflict thesis,” the idea that science and religion are fundamentally and irrevocable at odds, were greatly affected by this literature. Indeed, in his two‐volume magnum opus, A History of the Warfare of Science with Theology in Christendom (1896), Andrew D. White, in his longest and final chapter of his (...)
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  • Kant's permissive law: Critical rights, sceptical politics.Aaron Szymkowiak - 2009 - British Journal for the History of Philosophy 17 (3):567 – 600.
    In recent years, English-language scholars have begun to approach the daunting field of Kant's politics by way of its technical core: the deduction of private right. In this interpretive project, t...
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  • Rodin on Self-Defense and the "Myth" of National Self-Defense: A Refutation.Uwe Steinhoff - 2013 - Philosophia 41 (4):1017-1036.
    David Rodin denies that defensive wars against unjust aggression can be justified if the unjust aggression limits itself, for example, to the annexation of territory, the robbery of resources or the restriction of political freedom, but would endanger the lives, bodily integrity or freedom from slavery of the citizens only if the unjustly attacked state actually resisted the aggression. I will argue that Rodin's position is not correct. First, Rodin's comments on the necessity condition and its relation to an alleged (...)
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  • Adam Smith and the Theory of Punishment.Richard Stalley - 2012 - Journal of Scottish Philosophy 10 (1):69-89.
    A distinctive theory of punishment plays a central role in Smith's moral and legal theory. According to this theory, we regard the punishment of a crime as deserved only to the extent that an impartial spectator would go along with the actual or supposed resentment of the victim. The first part of this paper argues that Smith's theory deserves serious consideration and relates it to other theories such as utilitarianism and more orthodox forms of retributivism. The second part considers the (...)
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  • Voting the General Will.Melissa Schwartzberg - 2008 - Political Theory 36 (3):403-423.
    Scholars exploring the logic of Rousseau's voting rules have typically turned to the connection between Rousseau and the Marquis de Condorcet. Though Condorcet could not have had a direct influence on Rousseau's arguments about the choice of decision rules in "Social Contract," the possibility of a connection has encouraged the view that Rousseau's selection of voting rules was based on epistemic reasons. By turning to alternative sources of influence on Rousseau--the work of Hugo Grotius and particularly that of Samuel Pufendorf--a (...)
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  • (1 other version)Common ownership of the earth as a non-parochial standpoint: A contingent derivation of human rights.Mathias Risse - 2008 - European Journal of Philosophy 17 (2):277-304.
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  • (1 other version)Common Ownership of the Earth as a Non‐Parochial Standpoint: A Contingent Derivation of Human Rights.Mathias Risse - 2009 - European Journal of Philosophy 17 (2):277-304.
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  • Hutcheson's Contributions to Action Theory.Elizabeth S. Radcliffe - 2022 - Journal of Scottish Philosophy 20 (2):103-120.
    Jonathan Dancy charges that Hutcheson's distinction between justifying reasons and motivating reasons is unimportant: it is simply between moral reasons and other good reasons. I argue that the distinction is between propositions with different presuppositions and different functions. One identifies qualities of objects that we desire; the other identifies qualities that we approve. I situate Hutcheson in the current debate about the nature of practical reasons. I argue that he avoids problems posed for factivists and for Humeans. On Hutcheson's view, (...)
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  • Restraining the fox: Minimalism in the ethics of war and peace.Lonneke Peperkamp - 2022 - Journal of International Political Theory 18 (1):110-122.
    Peace plays a central role in the ethics of war and peace, but this proves to be an enormous challenge. In a recent article, Elisabeth Forster and Isaac Taylor grapple with this important topic. They argue that certain concepts in just war theory—aggression, legitimacy, and peace—are essentially contested and susceptible to manipulation. Because the rules are interpreted and applied by the very states that wage war, it is as if the fox is asked to guard the chicken coop—a recipe for (...)
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  • The Rule of the Present, Not the Past.Franco Peirone - 2021 - Jus Cogens 3 (3):229-256.
    There is a perennial ambiguity in the rule-of-law preposition: it predicates that the law shall rule, but which law? This legal loophole has led to a diverse array of interpretations of the concept. Of these, two appear particularly adverse to what the rule of law should primarily be—the rulership of the law—yet still remain dominant. On the one hand, the rule of law is intended to be the vehicle to deliver above-the-law goods such as human rights or other individual entitlements (...)
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  • The Dualism of Modern Just War Theory.Graham Parsons - 2017 - Philosophia 45 (2):751-771.
    Conventional modern just war theory is fundamentally incoherent. On the one hand, the theory contains a theory of public war wherein ethical responsibility for the justice of war belongs uniquely to political sovereigns while subjects, including soldiers, are obligated to serve in war upon the sovereign’s command. On the other hand, the theory contains a theory of discrimination which presupposes that participants in war, including soldiers, are responsible for the justice of the wars they fight. Moreover, these two components are (...)
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  • Public War and the Moral Equality of Combatants.Graham Parsons - 2012 - Journal of Military Ethics 11 (4):2012.
    Following Hugo Grotius, a distinction is developed between private and public war. It is argued that, contrary to how most contemporary critics of the moral equality of combatants construe it, the just war tradition has defended the possibility of the moral equality of combatants as an entailment of the justifiability of public war. It is shown that contemporary critics of the moral equality of combatants are denying the possibility of public war and, in most cases, offering a conception of just (...)
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  • Promises and Conflicting Obligations.David Owens - 2016 - Journal of Ethics and Social Philosophy 11 (1):93-108.
    This paper addresses two questions. First can a binding promise conflict with other binding promises and thereby generate conflicting obligations? Second can binding promises conflict with other non-promissory obligations, so that we are obliged to keep so-called ‘wicked promises’? The answer to both questions is ‘yes’. The discussion examines both ‘natural right’ and ‘social practice’ approaches to promissory obligation and I conclude that neither can explain why we should be unable to make binding promises that conflict with our prior obligations. (...)
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