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  1. Against the Entitlement Model of Obligation.Mario Attie-Picker - 2023 - Canadian Journal of Philosophy 53 (2):138-155.
    The purpose of this paper is to reject what I call the entitlement model of directed obligation: the view that we can conclude from X is obligated to Y that therefore Y has an entitlement against X. I argue that rejecting the model clears up many otherwise puzzling aspects of ordinary moral interaction. The main goal is not to offer a new theory of obligation and entitlement. It is rather to show that, contrary to what most philosophers have assumed, directed (...)
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  • Putting Wronging First.Daniel Webber - 2024 - Philosophical Quarterly.
    I argue that an act can be wrong _because_ it wrongs a particular person. I then show how this thesis serves as a constraint on moral theories, using Kantian ethics as a case study.
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  • Anarchism and Political Modernity.Nathan Jun - 2011 - New York: Bloomsbury.
    Anarchism and Political Modernity looks at the place of 'classical anarchism' in the postmodern political discourse, claiming that anarchism presents a vision of political postmodernity. The book seeks to foster a better understanding of why and how anarchism is growing in the present. To do so, it first looks at its origins and history, offering a different view from the two traditions that characterize modern political theory: socialism and liberalism. Such an examination leads to a better understanding of how anarchism (...)
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  • 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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  • VII-GoodSamaritans andGoodGovernment.Dudley Knowles - 2012 - Proceedings of the Aristotelian Society 112 (2pt2):161-178.
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  • Gratitude and good government.Dudley Knowles - 2002 - Res Publica 8 (1):1-20.
    I attempt to show that it is notphilosophically incompetent to ground politicalobligation in feelings of gratitude. But theargument needs to be stated carefully.Gratitude must be distinguished fromreciprocity. It applies only to good governmentwhich provides benefits to citizens for whichthey ought to feel grateful. It applies only tocitizens who accept that their feelings ofgratitude are properly demonstrated by anacceptance on their part of the duties ofcitizenship. It does not apply to citizenswhose benefits are purchased at the expense ofthe unjust treatment of (...)
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  • Rethinking moral claim rights.Laura Valentini - 2023 - Journal of Political Philosophy 31 (4):433-451.
    Journal of Political Philosophy, EarlyView.
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  • The Wrong of Lying and the Good of Language: A Reply to “What’s the Good of Language?”.Brian Haas - 2023 - Ethics 133 (4):558-572.
    Sam Berstler has recently argued for a fairness-based moral difference between lying and misleading. According to Berstler, the liar, but not the misleader, unfairly free rides on the Lewisian conventions which ground public-language meaning. Although compelling, the pragmatic and metasemantic backdrop within which this moral reason is located allows for the generation of a vicious explanatory circle. Simply, this backdrop entails that no speaker has ever performed an assertion. As I argue, escaping the circle requires rejecting Berstler’s fairness-based reason against (...)
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  • The natural basis of political obligation.George Klosko - 2001 - Social Philosophy and Policy 18 (1):93-114.
    Though questions of political obligation have long been central to liberal political theory, discussion has generally focused on voluntaristic aspects of the individual's relationship to the state, as opposed to other factors through which the state is able to ground compliance with its laws. The individual has been conceptualized as naturally without political ties, whether or not formally in a state of nature, and questions of political obligation have centered on accounting for political bonds.Footnotes* For helpful comments on and discussion (...)
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  • Political obligation and military service in three countries.George Klosko, Michael Keren & Stacy Nyikos - 2003 - Politics, Philosophy and Economics 2 (1):37-62.
    University of Calgary, Canada and Tel Aviv University, Israel mkeren{at}ucalgary.ca ' + u + '@' + d + ' '//--> Stacy Nyikos University of Tulsa, USA stacy-nyikos{at}utulsa.edu ' + u + '@' + d + ' '//--> Although questions of political obligation have been much discussed by scholars, little attention has been paid to moral reasons advanced by actual states to justify the compliance of their subjects. We examine the `self-image of the state' through Supreme Court decisions in the USA, (...)
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  • Political Obligations and Respect for Social Norms.George Klosko - 2024 - Analyse & Kritik 46 (1):37-50.
    This paper examines Laura Valentini’s attempt to explain political obligations through her account of social norms, her ‘Agency-Respect View’ (ARV). A great strength of ARV is preserving the ‘content-independence’ of political obligations. However, ARV does not mesh well with the moral phenomenology of political obligations. ARV is able to generate moral requirements that are strikingly weak. Accounting for the far stronger moral force of requirements to obey the law requires appealing to law-independent considerations. Valentini’s account of these factors suggests greater (...)
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  • Fair Play, Reciprocity, and Natural Duties of Justice.George Klosko - 2020 - Ratio Juris 33 (4):335-350.
    In this paper, I respond to what is currently the most significant criticism of the principle fair play as a basis for political obligations. In a series of cases in which obligations appear to be established by fair play, important scholars contend that the moral principle at work is not fair play but a natural duty of justice to provide essential benefits to other people. Such natural duty accounts strikingly ignore requirements of reciprocity, to make appropriate return for benefits received. (...)
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  • Mill, children, and rights.John Kleinig - 1976 - Educational Philosophy and Theory 8 (1):1–16.
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  • Henry Shue on Basic Rights: A Defense. [REVIEW]Jordan Kiper - 2011 - Human Rights Review 12 (4):505-514.
    In light of the many recent criticisms of Henry Shue's philosophy, this article provides a defense of Shue's philosophical argument for basic rights. The author demonstrates that the latest criticisms made by Thomas Pogge, Michael Payne, and Andrew Cohen misconstrue Shue's position, and therefore fail to overturn the soundness of Shue's argument. Against those who contend that basic rights demand too much, both logically and morally, the author argues that basic rights serve as the minimal threshold for human dignity and (...)
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  • Responses to Darwall, Watson, Arneson, and Helmreich.Margaret Gilbert - 2023 - Philosophy and Phenomenological Research 106 (2):525-538.
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  • Right, Equality, and the Fairness Obligation.Dong-il Kim - 2013 - Philosophia 41 (3):795-807.
    The principle of fairness holds that individuals (beneficiaries) who benefit from a cooperative scheme of others (cooperators) have an obligation to do their share in return for their benefit. The original proponent of this principle, H. L. A. Hart suggests ‘mutuality of restrictions’ as a moral basis because it is fair to mutually restrict the freedom of both beneficiaries and cooperators; so called the fairness obligation. This paper explores ‘mutuality of restrictions’, which is interpreted as a right-based and an equality-based (...)
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  • Pro Tanto Rights and the Duty to Save the Greater Number.Benjamin Kiesewetter - 2023 - Oxford Studies in Normative Ethics 13:190-214.
    This paper has two aims. The first is to present and defend a new argument for rights contributionism – the view that the notion of a moral claim-right is a contributory (or pro tanto) rather than overall normative notion. The argument is an inference to the best explanation: it is argued that (i) there are contributory moral factors that contrast with standard moral reasons by way of having a number of formal properties that are characteristic of rights, even though they (...)
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  • Hypocrisy and Conditional Requirements.John Brunero - forthcoming - Australasian Journal of Philosophy.
    This paper considers the formulation of the moral requirement against hypocrisy, paying particular attention to the logical scope of ‘requires’ in that formulation. The paper argues (i) that we should prefer a wide-scope formulation to a narrow-scope formulation, and (ii) this result has some advantages for our normative theorizing about hypocrisy – in particular, it allows us to resist several of Daniela Dover’s (2019) recent arguments against the anti-hypocrisy requirement.
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  • The right to private property: A justification: John Kekes.John Kekes - 2010 - Social Philosophy and Policy 27 (1):1-20.
    The proposed justification avoids problems that invalidate the familiar entitlement, utility, and interest-based justifications; interprets private property as necessary for controlling resources we need for our well-being; recognizes that the possession, uses, and limits of private property must be justified differently; and combines the defensible portions of the familiar but unsuccessful attempts at justification with a more complex account that combines the defensible portions of previous justificatory attempts with a new pluralistic approach that treats the right to private property as (...)
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  • The priority of respect over repair.Gregory C. Keating - 2012 - Legal Theory 18 (3):293-337.
    Contemporary tort theory is dominated by a debate between legal economists and corrective-justice theorists. Legal economists suppose that tortfeasors and tortious wrongs are false targets for cheapest cost-avoiders and avoidable future losses. Corrective-justice theorists argue powerfully that the economic account of tort as search for cheapest cost-avoiders with respect to future accidents does not capture the most fundamental fact about tort adjudication, namely, that the reason we hold defendants liable in tort is that they have wronged their victims and should (...)
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  • Dialectical tier argumentation as structured by proposing and advising.Fred J. Kauffeld - unknown
    This paper discusses the parameters of an arguer's duties on the "dialectical tier of argument appraisal." Argumentative burdens incurred in making proposals will be compared with probative obligations which may be taken on in advising. The burdens t ypically incurred in these two kinds of illocutionary acts are strikingly different; accordingly, the arguer's obligation to response to objections would be circumscribed differently depending on which speech acts initiates the dialogue. This claim has i mplications for how we delimit a "good (...)
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  • Conscientious objection in firms.Sandrine Blanc - 2021 - Economics and Philosophy 37 (2):222-243.
    This article asks whether firms should exempt employees when they object to elements of their work that go against their conscience. Fairness requires that we follow the rules of an organization we have joined voluntarily only if these rules express mutual advantage. In corporations, I argue that subordination and exemption provides for mutual advantage better than subordination plus right of exit. This is because agents want to protect their conscientious convictions, even in hierarchical organizations geared towards efficient preference satisfaction. Thus (...)
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  • The brain drain as exploitation.Paul Bou-Habib - 2022 - Politics, Philosophy and Economics 21 (3):249-268.
    When skilled individuals emigrate from developing states to developed states, they leave a burdened state behind and bring their valuable human capital to a state that enjoys vast advantages by comparison. Most of the normative debate to date on this so-called ‘brain drain’ has focused on the duties that skilled emigrants owe to their home state after they emigrate. This article shifts the focus to the question of whether their host state acquires special duties toward their home state and argues (...)
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  • Arriving at an acceptable formulation of stakeholder theory.John Kaler - 2004 - Business Ethics: A European Review 13 (1):73-79.
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  • Arriving at an acceptable formulation of stakeholder theory.John Kaler & Senior Lecturer - 2004 - Business Ethics, the Environment and Responsibility 13 (1):73–79.
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  • Applying Two-level Utilitarianism and the Principle of Fairness to Mandatory Vaccination during the COVID-19 Pandemic: the Situation in South Korea.Sungjin Park - 2022 - Asian Bioethics Review 15 (1):81-92.
    In response to the COVID-19 pandemic, Korean society has sought to vaccinate most of its population. Consequently, the Korean government has attempted to make vaccination compulsory by promoting awareness of its benefits. The administration has pushed for mandatory vaccination by claiming that vaccination is more beneficial than harmful, based on a utilitarian view. However, this view is difficult to justify based on the two levels of utilitarianism presented by R. M. Hare. Compulsory vaccination cannot satisfy the universalizability, nor the satisfaction (...)
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  • Are There Universal Collective Rights?Miodrag A. Jovanović - 2010 - Human Rights Review 11 (1):17-44.
    The first part of the paper focuses on the current debate over the universality of human rights. After conceptually distinguishing between different types of universality, it employs Sen’s definition that the claim of a universal value is the one that people anywhere may have reason to see as valuable. When applied to human rights, this standard implies “thin” (relative, contingent) universality, which might be operationally worked-out as in Donnelly’s three-tiered scheme of concepts–conceptions–implementations. The second part is devoted to collective rights, (...)
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  • Stakeholder Happiness Enhancement: A Neo-Utilitarian Objective for the Modern Corporation.Thomas M. Jones & Will Felps - 2013 - Business Ethics Quarterly 23 (3):349-379.
    ABSTRACT:Employing utilitarian criteria, Jones and Felps, in “Shareholder Wealth Maximization and Social Welfare: A Utilitarian Critique” (Business Ethics Quarterly23[2]: 207–38), examined the sequential logic leading from shareholder wealth maximization to maximal social welfare and uncovered several serious empirical and conceptual shortcomings. After rendering shareholder wealth maximization seriously compromised as an objective for corporate operations, they provided a set of criteria regarding what a replacement corporate objective would look like, but do not offer a specific alternative. In this article, we draw (...)
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  • Wronging Oneself.Daniel Muñoz & Nathaniel Baron-Schmitt - 2024 - Journal of Philosophy 121 (4):181-207.
    When, if ever, do we wrong ourselves? The Self-Other Symmetric answer is: when we do to ourselves what would wrong a consenting other. The standard objection, which has gone unchallenged for decades, is that Symmetry seems to imply that we wrong ourselves in too many cases—where rights are unwaivable, or “self-consent” is lacking. We argue that Symmetry not only survives these would-be counterexamples; it explains and unifies them. The key to Symmetry is not, as critics have supposed, the bizarre claim (...)
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  • First Come, First Served?Tyler M. John & Joseph Millum - 2020 - Ethics 130 (2):179-207.
    Waiting time is widely used in health and social policy to make resource allocation decisions, yet no general account of the moral significance of waiting time exists. We provide such an account. We argue that waiting time is not intrinsically morally significant, and that the first person in a queue for a resource does not ipso facto have a right to receive that resource first. However, waiting time can and sometimes should play a role in justifying allocation decisions. First, there (...)
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  • Fairness, Individuality, and Free Riding.Christopher Morgan-Knapp - 2022 - Philosophical Quarterly 72 (4):940-959.
    According to most contemporary theorists, free riding on the cooperative contributions of others is unfair. At the same time, obligations to contribute to cooperative schemes can compel conformity with conventional practices, and can do so to a degree that poses a real threat to individuality. This paper exposes this tension between fairness and individuality, and proposes a way to resolve it. The resolution depends on an alternative approach to understanding fairness—one that appeals to the relational goods fairness is meant to (...)
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  • Partisanship and Political Obligations.Fabian Wendt - 2021 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 11 (3):91-104.
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  • The puzzle of competitive fairness.Oisin Suttle - 2022 - Politics, Philosophy and Economics 21 (2):190-227.
    Politics, Philosophy & Economics, Volume 21, Issue 2, Page 190-227, May 2022. There is a sense of fairness that is distinctive of markets. This is fairness among economic competitors, competitive fairness. We regularly make judgments of competitive fairness about market participants, public policies and institutions. However, it is not clear to what these judgments refer, or what moral significance they have. This paper offers a rational reconstruction of competitive fairness in terms of non-domination. It first identifies competitive fairness as a (...)
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  • The moral ambivalence of crime in an unjust society.Jeffrey Reiman - 2007 - Criminal Justice Ethics 26 (2):3-15.
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  • Retributivism, moral education, and the liberal state.Jeffrie G. Murphy - 1985 - Criminal Justice Ethics 4 (1):3-11.
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  • Why We Need a New Normativism about Collective Action.Matthew Rachar & Javier Gomez Lavin - 2022 - Philosophical Quarterly 72 (2):478-507.
    What do we owe each other when we act together? According to normativists about collective action, necessarily something and potentially quite a bit. They contend that collective action inherently involves a special normative status amongst participants, which may, for example, involve mutual obligations to receive the concurrence of the others before leaving. We build on recent empirical work whose results lend plausibility to a normativist account by further investigating the specific package of mutual obligations associated with collective action according to (...)
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  • Opt-Out to the Rescue: Organ Donation and Samaritan Duties.Sören Flinch Midtgaard & Andreas Albertsen - 2021 - Public Health Ethics 14 (2):191-201.
    Deceased organ donation is widely considered as a case of easy rescue―that is, a case in which A may bestow considerable benefits on B while incurring negligent costs herself. Yet, the policy implications of this observation remain unclear. Drawing on Christopher H. Wellman’s samaritan account of political obligations, the paper develops a case for a so-called opt-out system, i.e., a scheme in which people are defaulted into being donors. The proposal’s key idea is that we may arrange people’s options in (...)
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  • Liberty, Security, and Fairness.Garrett Cullity - 2021 - The Journal of Ethics 25 (2):141-159.
    What constraints should be imposed on individual liberty for the sake of protecting our collective security? A helpful approach to answering this question is offered by a theory that grounds political obligation and authority in a moral requirement of fair contribution to mutually beneficial cooperative schemes. This approach encourages us to split the opening question into two—a question of correctness and a question of legitimacy—and generates a detailed set of answers to both subsidiary questions, with a nuanced and plausible set (...)
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  • Directed Duty, Practical Intimacy, and Legal Wronging.Abraham Sesshu Roth - 2021 - In Teresa Marques & Chiara Valentini (eds.), Collective Action, Philosophy and Law. London: Routledge. pp. 152-174.
    What is it for a duty or obligation to be directed? Thinking about paradigmatic cases such as the obligations generated by promises will take us only so far in answering this question. This paper starts by surveying several approaches for understanding directed duties, as well as the challenges they face. It turns out that shared agency features something similar to the directedness of duties. This suggests an account of directedness in terms of shared agency – specifically, in terms of the (...)
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  • Why should we help the poor? Philosophy and poverty.Christian Illies - 2008 - In Michael Boylan (ed.), International Public Health Policy & Ethics. Dordrecht. pp. 143--156.
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  • Rights and Capital Punishment.Thomas Hurka - 1982 - Dialogue 21 (4):647-660.
    Discussions of the morality of capital punishment, and indeed discussions of the morality of punishment in general, usually assume that there are two possible justifications of punishment, a deterrence justification associated with utilitarianism and other consequentialist moral theories, and a retributive justification associated with deontological moral theories. But now that rights-based theories are attracting the increasing attention of moral philosophers it is worth asking whether these theories may not employ a different justification of punishment, with different consequences for the morality (...)
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  • Justifying Limitations on the Freedom of Expression.Gehan Gunatilleke - 2020 - Human Rights Review 22 (1):91-108.
    The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, ‘limit’ the freedom of expression on certain grounds, such as national security, public order, public health, and public morals. Examples from around the world show that the freedom of individuals to express their opinions, convictions, and beliefs is often imperilled when states are not required to meet a substantial justificatory burden when limiting such freedom. This (...)
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  • What is morality?Kieran Setiya - 2021 - Philosophical Studies 179 (4):1113-1133.
    Argues, against Anscombe, that Aristotle had the concept of morality as an interpersonal normative order: morality is justice in general. For an action to be wrong is not for it to warrant blame, or to wrong another person, but to be something one should not do that one has no right to do. In the absence of rights, morality makes no sense.
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  • Philosophical justification and the legal accommodation of Indigenous ritual objects; an Australian study.Andrew G. Hunter - unknown
    Indigenous cultural possessions constitute a diverse global issue. This issue includes some culturally important, intangible tribal objects. This is evident in the Australian copyright cases viewed in this study, which provide examples of disputes over traditional Indigenous visual art. A proposal for the legal recognition of Indigenous cultural possessions in Australia is also reviewed, in terms of a new category of law. When such cultural objects are in an artistic form they constitute the tribe's self-presentation and its mechanism of cultural (...)
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  • Autonomy, authority, and anarchy.James Humphries - 2017 - Dissertation, University of Glasgow
    The problem of the ‘mountain man’, the caricature of self-sufficiency and individualism, is not a new one for autonomy theorists. It seems plausible that there is genuine value in self-direction according to one’s deeply-held principles. If autonomy involves something like this, then anyone concerned with autonomy as a social rather than individualistic phenomenon must explain what the mountain man gets wrong when he denies that his autonomy admits of being placed under obligations to others. In particular, the mountain man challenges (...)
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  • How to Identify Climate Obligation Bearers. 김동일 - 2016 - Journal of Ethics: The Korean Association of Ethics 1 (107):103-118.
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  • Canine Justice: An Associative Account.Laura Valentini - 2014 - Political Studies 62 (1):37-52.
    A prominent view in contemporary political theory, the ‘associative view’, says that duties of justice are triggered by particular cooperative relations between morally significant agents, and that ‘therefore’ principles of justice apply only among fellow citizens. This view has been challenged by advocates of global justice, who point to the existence of a world-wide cooperative network to which principles of justice apply. Call this the challenge from geographical extension. In this paper, I pose a structurally similar challenge to the associative (...)
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  • Social Samaritan Justice: When and Why Needy Fellow Citizens Have a Right to Assistance.Laura Valentini - 2015 - American Political Science Review 109 (4):735-749.
    In late 2012, Hurricane Sandy hit the East Coast of the U.S., causing much suffering and devastation. Those who could have easily helped Sandy’s victims had a duty to do so. But was this a rightfully enforceable duty of justice, or a non-enforceable duty of beneficence? The answer to this question is often thought to depend on the kind of help offered: the provision of immediate bodily services is not enforceable; the transfer of material resources is. I argue that this (...)
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  • Fair Play, Political Obligation, and Punishment.Zachary Hoskins - 2011 - Criminal Law and Philosophy 5 (1):53-71.
    This paper attempts to establish that, and explain why, the practice of punishing offenders is in principle morally permissible. My account is a nonstandard version of the fair play view, according to which punishment 's permissibility derives from reciprocal obligations shared by members of a political community, understood as a mutually beneficial, cooperative venture. Most fair play views portray punishment as an appropriate means of removing the unfair advantage an offender gains relative to law-abiding members of the community. Such views (...)
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  • Social Ontology and Social Normativity.Brian Donohue - 2020 - Dissertation, University at Buffalo
    Many recent accounts of the ontology of groups, institutions, and practices have touched upon the normative or deontic dimensions of social reality (e.g., social obligations, claims, permissions, prohibitions, authority, and immunity), as distinct from any specifically moral values or obligations. For the most part, however, the ontology of such socio-deontic phenomena has not received the attention it deserves. In what sense might a social obligation or a claim exist? What is the ontological status of such an obligation (e.g., is it (...)
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