Honors Research: PPE @ UPenn | This thesis seeks to address some of the most central questions to the fields of political philosophy and political economy. How can social order and government develop from anarchy under standard economic assumptions of rationality, where all agents act strictly in their own interests? What are the deontological limits to the State’s use of force such that political legitimacy is maintained, and how do these ethical boundaries of government relate to moral obligations conferred upon (...) individuals? Finally, what sets of policies and social institutions ought the State implement to achieve the best welfare outcomes for a society, and is there a necessary conflict between policy consequentialism and deontological ethics? This thesis will first show that a laissez-faire capitalist social order spontaneously emerges from the State of Nature as a result of mutual self-interest between rational agents, with the institution of government being a mere product of market forces that is best modeled as a locally-monopolized, excludable, collective entity with global competition. Then, this thesis will defend a theory of natural rights on the basis that persons are normatively separate, before establishing that laissez-faire capitalism and its contractual form of government are uniquely in compliance with these universal moral standards of conduct that predate the institution of any state. Finally, it will be argued in this thesis that the key tenets of laissez-faire capitalism - strong individual rights to life, liberty, and property - produce maximal human welfare from both individualist and collectivist aggregations, before such conclusions are translated into a foundation for limited government. These arguments serve to solidify libertarianism as both the dominant political philosophy and the globally convergent equilibrium of political organization, while also demonstrating that laissez-faire capitalism is the optimal form of social order. (shrink)

Hume seems to contend that you can’t get an ought from an is. Searle professed to prove otherwise, deriving a conclusion about obligations from a premise about promises. Since (as Schurz and I have shown) you can’t derive a substantive ought from an is by logic alone, Searle is best construed as claiming that there are analytic bridge principles linking premises about promises to conclusions about obligations. But we can no more derive a moral obligation to pay up from the (...) fact that a promise has been made than we can derive a duty to fight a duel from the fact that a challenge has been issued – just conclusions about what we ought to do according to the rules of the relevant games. Hume suggests bridge principles that would take us from the rules of the games to conclusions about duties, but these principles are false. My argument features an obstreperous earl, an anarchist philosopher and a dueling Prime Minister. (shrink)

An indeterminate version of Henry Sidgwick’s “Dualism of Practical Reason” may offer a solution to Derek Parfit’s “Repugnant Conclusion”. Here we will outline the problem of Sidgwick’s Dualism and how to resolve it within the framework of practical reason and the problem of Parfit’s Repugnance and why it is irresoluble within the framework of pure utilitarianism. Then we will argue how Sidgwick’s Dualism, under certain formulations of indeterminacy, specifically under those Indeterminacy Views advanced by David Phillips (and others), implies a (...) resolution to the Repugnant Conclusion that is both intuitive and simple, resolving Sidgwick’s Dualism and Parfit’s Repugnance in one conceptual move. (shrink)

Abstract Inspired by Rawls?s admission that his twentieth?century contract theory builds in the parochial horizon of modern constitutional democracy, this essay critically examines two truisms about seventeenth?century contract theory. The first is the stock view that the English case is irrelevant to the logic of Leviathan and the Second Treatise. To the contrary, I argue that their political conclusions depend on introducing constitutional and legal ?facts?, in particular, facts about the constitution of the English monarchy. Second, I challenge the Whiggish (...) characterization of contract theory as an important step in the development of democratic sovereignty. I draw on Hume?s famous critique of the genre to make the case that seventeenth?century contract theory addressed a peculiarly ancien?regime issue ? namely, resistance to legitimate rulers. In both respects, Hobbes?s and Locke?s social contracts are properly regarded as ancien?regime theories of politics. They are, as Rawls would put it, ?political not metaphysical? theories. (shrink)

Moral beliefs and attitudes may vary to great extent across different societies. Even within the same society, the prevailing moral beliefs and attitudes may vary throughout the history of this society. The moral beliefs and attitudes that prevail in a given society, at a given time, constitute the “positive morality” of this society. But can we morally assess the “positive morality”? In this paper I present reasons so as to give this question an affirmative answer. I argue that the moral (...) assessment of the “positive morality” must resort to the general principles of “critical morality”. The conception of “critical morality” that I defend in this paper resumes some aspects of David Hume’s moral philosophy. In the last section of this paper I also argue that formative works of art, such as novels, feature films, and documentary films may participate in the process of rational deliberation required by “critical morality”. (shrink)

O objetivo deste artigo é caracterizar o conceito de justiça como uma convenção social indispensável para a emergência de obrigações morais no contexto de grupos que ultrapassam o “numero de Dunbar”. O artigo retoma, por um lado, a teoria da justiça proposta por David Hume na terceira seção de Uma Investigação sobre os Princípios da Moral, e, por outro lado, a hipótese de Robin Dunbar acerca do número máximo de indivíduos com os quais uma pessoa pode manter relações sociais estáveis (...) que envolvam laços de amizade, vínculos de família, e histórias pessoais compartilhadas. (shrink)

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 (...) of implications. The plausibility of its treatment of the issues surrounding liberty and security, I argue, helps to confer credibility on the fairness-based theory that carries these implications. (shrink)

Two normative principles of toleration are offered, one individual-regarding, the other group-regarding. The first is John Stuart Mill’s harm principle; the other is “Principle T,” meant to be the harm principle writ large. It is argued that the state should tolerate autonomous sacrifices of autonomy, including instances where an individual rationally chooses to be enslaved, lobotomized, or killed. Consistent with that, it is argued that the state should tolerate internal restrictions within minority groups even where these prevent autonomy promotion of (...) members of the group. Finally, it is argued that toleration excludes external protections of minority groups. (shrink)

Theories of political legitimacy normally stipulate certain conditions of legitimacy: the features a state must possess in order to be legitimate. Yet there is obviously a second question as to the value of legitimacy: the normative features a state has by virtue of it being legitimate (such as it being owed obedience, having a right to use coercion, or enjoying a general justification in the use of force). I argue that it is difficult to demonstrate that affording these to legitimate (...) states is morally desirable, and that obvious alternative conceptions of the value of legitimacy (notably epistemic and instrumental) are not without problems of their own. The intuitive triviality of establishing the value of normative legitimacy may mask a serious problem. (shrink)

Resumen En este artículo defiendo la postura según la cual el republicanismo -en comparación con otras nociones o motivos centrales- no se ha interpretado como uno de los rasgos que caracteriza a la filosofía jurídica y política de Kant como un todo. Una posible razón es que el republicanismo kantiano no ha ocupado un lugar destacado dentro de las narrativas republicanas, ya sea históricas o sistemáticas, que son más dominantes en las discusiones contemporáneas. A mi parecer, esto es así porque (...) hay características innovadoras en la empresa republicana kantiana que se encuentran en tensión con otros proyectos republicanos de otra índole. Aquí discuto algunos de los rasgos distintivos del proyecto de Kant en lo que atañe a concepciones suyas sobre el estado de derecho, la ciudadanía, la autoridad política, la libertad de expresión y el derecho internacional, con el fin de señalar que estas son parte integral de una teoría política y legal que todavía es atractiva y sugerente.In this paper, I defend the stance that republicanism -in comparison to other central notions- has not been interpreted as one of the main traits that characterize Kant’s legal and political philosophy. A plausible reason for this is that Kantian republicanism has not occupied a prominent place in the republican narratives, historiographical or systematic, that are dominant in contemporary discussions. To my mind, the reason for this is that some innovative characteristics in the Kantian republican enterprise are at odds with other republican philosophical projects. Here I discuss some distinctive traits of Kant’s project regarding his conceptions of the rule of law, citizenship, political authority, free speech, and international law with the aim of showing that they are an integral part of a political and legal theory that is still attractive and compelling. (shrink)

Hume's works in Colonial and early Revolutionary America -- Historiographical context for Hume's reception in eighteenth-century America -- Hume's earliest reception in Colonial America -- Hume's impact on the prelude to American independence -- Humean origins of the American Revolution -- Hume and Madison on faction -- Was Hume a liability in late eighteenth-century America? -- Explaining "Publius's" silent use of Hume -- The reception of Hume's politics in late eighteenth-century America.

One way in which liberal theories have argued for the legitimacy of the state is by means of a principle of implicit consent. Since Hume, critics have argued that the price of dissent would be too high for such a strategy to be successful. Some theorists have replied that the high price involved in not agreeing to do something does not need to be a defeating condition of consenting. Other theorists have proposed institutional reforms which will diminish the costs of (...) dissenting. In this paper, it is argued that the failure of an implicit consent approach is more fundamental than what this debate seems to suggest. (shrink)

This book argues that it can be both reasonable and appropriate to adopt a certain kind of misanthropy. The author defends a cognitivist version of misanthropy, an attitude whose central feature is the judgment that humanity is morally bad. Misanthropy is often dismissed on moral grounds. Many people hold that malice toward human persons is problematic and vulnerable to moral objections. In this book, the author advocates for cognitivist misanthropy. He defends an Asymmetry Thesis, according to which a morally bad (...) deed carries more weight than a morally good deed, even if the harm of the former is exactly equal to the benefit of the latter. He makes the case that being misanthropic in the cognitivist sense is morally permissible and compatible with a broad range of moral reasons for action. He also considers the role of misanthropy in environmental thought, arguing that charges of misanthropy against certain "non-anthropocentric" views do not have the force they are typically thought to carry. Finally, the author investigates the practical implications of adopting cognitivist misanthropy, asking what living with such an attitude would involve. A Philosophical Defense of Misanthropy will appeal to researchers and advanced students working in ethics and the philosophy of human nature. (shrink)

Despite the recent proliferation of scholarship on anarchism, very little attention has been paid to the historical and theoretical relationship between anarchism and philosophy. Seeking to fill this void, Brill's Companion to Anarchism and Philosophy draws upon the combined expertise of several top scholars to provide a broad thematic overview of the various ways anarchism and philosophy have intersected. Each of its 18 chapters adopts a self-consciously inventive approach to its subject matter, examining anarchism's relation to other philosophical theories and (...) systems within the Western intellectual tradition as well as specific philosophical topics, subdisciplines and methodological tendencies. (shrink)

Nossa seleção de verbetes parte do interesse de cada pesquisador e os dispomos de maneira histórico-cronológica e, ao mesmo tempo, temática. O verbete de Melissa Lane, “Filosofia Política Antiga” vai da abrangência da política entre os gregos até a república e o império, às portas da cristianização. A “Filosofia Política Medieval”, de John Kilcullen e Jonathan Robinson, é o tópico que mais demanda espaço na nossa seleção em virtude das disputas intrínsecas ao período, da recepção de Aristóteles pelo medievo e (...) da tensão entre poder Papal e Civil. No verbete “Liberalismo”, de Gerald Gaus, Shane Courtland e David Schmidtz, vemos as fontes fundantes da Filosofia Política da modernidade. As ideias de liberdade negativa e positiva se coadunam com a Ética Liberal e sua influência sobre a abrangência do valor fundamental da liberdade individual diante das políticas públicas. O texto de Ian Carter, “Liberdade Positiva e Liberdade Negativa”, expõe o paradoxo da liberdade em suas concepções valorativas e neutra, muito úteis para compreender os problemas políticos que enfrentamos hoje. Por fim, Bas Van Der Vossen no texto “Libertarianismo” trata das noções tensas entre Estado e indivíduos. A concepção de “liberdade de si”, genuinamente negativa, ganha destaque justificatório. Jackie Scully, no verbete Bioética Feminista, exemplifica o valor da influência dessas correntes no âmago de todos os contemporâneos. Sua escrita homenageia postumamente Anne Donchin com um apanhado histórico da luta de inserção de políticas feministas na pesquisa acadêmica global. No verbete “Democracia”, os professores brasileiros Gustavo Dalaqua e Alberto Ribeiro Barros acrescentaram tópicos importantes ao tema geral, respectivamente: “Construtivismo Representativo vs. Representação Descritiva” e “Democracia Contestatória de Philip Pettit”. O texto de Thomas Christiano perpassa os principais argumentos de justificação política contra e a favor da democracia ocidental, com foco central nas concepções de liberdade e igualdade. Os verbetes dispostos nessa seleção de textos são tendenciosos na medida que expressam o interesse genuíno de cada pesquisador com os assuntos relevantes em suas pesquisas. Em virtude disso, a escolha “adota um lado” em detrimento de outros – mais especificamente: de outro que poderia ser mais “progressista”. Por si só, o livro já nasce reclamando um segundo volume, que será providenciado. Colocamos de lado qualquer exigência de “imparcialidade”, algo que não existe na Filosofia, muito menos na Filosofia Política. Sobressai, nesse aspecto, o caráter reflexivo que o assunto exige e a importância do assunto, sem o qual não teríamos a modernas concepções de representatividade, as teorias da justiça ou mesmo as ciências sociais. Um outro volume, portanto, se faz imperativo, por conta da abrangência da própria SEP e do respeito a seu projeto inicial, genuinamente um plano plural. (shrink)

The author defends the ancient claim that justice is at bottom a body of social conventions. Recent analytical and empirical concepts and results from the social sciences together with insights and arguments of past masters of moral and political philosophy are integrated into a new game-theoretic conventionalist analysis of justice.

As emerging technologies support new ways in which people relate, ethical discourse is important to help guide designers of new technologies. This article endeavors to do just that by presenting an ethical analysis and design of technology intended to gather and act upon information on behalf of its users. The article elaborates on socio-technological factors that affect the development of technology to support ethical action. Research and practice implications are outlined.

Enormous harms, such as climate change, often occur as the result of large numbers of individuals acting separately. In collective action problems, an individual has so little chance of making a difference to these harms that changing their behavior has insignificant expected utility. Even so, it is intuitive that individuals in many collective action problems should not be parts of groups that cause these great harms. This paper gives an account of when we do and do not have obligations to (...) change our behavior in collective action problems. It also addresses a question insufficiently explored in the literature on this topic: when obligations arising out of collective action problems conflict with other obligations, what should we do? The paper explains how to adjudicate conflicts involving two collective action problems and conflicts involving collective action problems and other sorts of obligations. (shrink)

Contractarianism initially made its mark, in the seventeenth century, as a sort of theory of everything in ethics. But gradually philosophers became convinced that there were resources available outside contractarianism for settling important moral questions—for instance, ideas of human rights and the moral equality of persons. Then Rawls revived contractarianism with a more modest aim—namely, as a theory of justice. But even this agenda for contractarianism has been called into question, most notably by G.A. Cohen, who contends that we have (...) other tools at our disposal for identifying the true conception of justice. So the question remains: how should contractarianism be construed if it is to provide answers to questions that cannot be answered in some other way? In my essay I offer a very simple answer: contractarianism should be construed as a political morality. I arrive at this answer by starting with contractarianism as a theory of everything and paring away the unappealing layers of contractarianism so understood. I begin by describing what contractarianism is. Then I dispense with contractarianism as a theory of state legitimacy, as a theory of interpersonal morality, and as a theory of justice. Finally, I distinguish political morality from the other already-mentioned areas of morality, and argue that contractarianism is a sensible theory of its grounds. (shrink)

This article proposes that Hobbes runs two different arguments for sovereignty in Leviathan. The one is polemical and takes up the notion of a covenant from early-modern resistance theory in order to redeploy it in the cause of absolutism. The other is biblical and constructs an image of the sovereign whose authority is a Mosaic legacy. The one argument is addressed to the unruly subject and teaches obedience, whereas the other is addressed to the sovereign and sets out the positive (...) vocation of a Christian ruler. The conjunction of secular materialism and divine right in Leviathan becomes less puzzling when the book’s addressees are differentiated. By depriving the subject of any right of appeal to God in protest against the sovereign, Hobbes dismantles one of the bulwarks of early-modern resistance. This motive for secularism has understandably no role to play in Hobbes’ conception of the sovereign. Indeed, as far as facilitating the sovereign’s biblically framed vocation is concerned, the secularism of Leviathan is arguably simply a means to an end. (shrink)

The aim of this paper is to take the first steps toward providing a refurbished consent theory of political authority, one that rests in part on a reconception of the relationship between the surrender of judgment and the authoritativeness of political institutions. On the standard view, whatever grounds political authority implies that one ought to surrender one's judgment to that of one's political institutions. On the refurbished view, it is the surrender of one's judgment – which can plausibly be considered (...) a form of consent – that makes political institutions practically authoritative. (shrink)

It is now commonplace for governments in Western countries to require the unemployed to work in exchange for their unemployment benefits. In this article I raise some serious doubts about the most promising and philosophically interesting defence of this argument, which relies on the ‘principle of reciprocity’. I argue that it is seriously unclear whether the obligations imposed on welfare claimants by ‘workfare’ schemes are legitimate and justified according to the principle of reciprocity. I do this by reconstructing the arguments (...) for the obligations of the unemployed put forward in both the United Kingdom and Australia. (shrink)

Aunque el uso no problematizado en el lenguaje ordinario de los términos "consenso" y "consentimiento" sugiere que debe haber alguna comprensión compartida de su significado, no hay un acuerdo generalizado sobre el uso de estos conceptos entre los filósofos políticos. De hecho, el significado filosófico de estos conceptos sigue siendo elusivo y controvertido; tal vez precisamente a causa de su amplitud y centralidad. Teniendo en cuenta los numerosos intentos de explicar satisfactoriamente consenso y consentimiento -que con el tiempo se han (...) vuelto más sofisticados-, este artículo recoge algunos usos filosóficos fundamentales de estos dos multifacéticos conceptos y sugiere una estrategia para bosquejar un mapa que parece un rompecabezas cuyas piezas están moldeadas de tal forma que se necesita un enfoque multidisciplinario para poder identificar adecuadamente sus significados e implicaciones. Although the unproblematic use of the terms "consensus" and "consent" in ordinary language suggests that there must be some shared understanding of their meaning, there is no widespread assent on the use of these concepts among political philosophers. In fact, the philosophical meaning of these concepts remains elusive and controversial, perhaps exactly because of their extension and centrality. Taking note of the numerous attempts to provide a satisfactory account of "consensus" and "consent" - that have become increasingly sophisticated in time - this article recollects some fundamental philosophical uses of the two many-faceted concepts, and suggests a strategy for delineating a map that looks like a puzzle, whose pieces are shaped in such a way that we need a multidisciplinary approach in order to adequately identify their meanings and implications. (shrink)

Conventionalism as a distinct approach to the social contract received significant attention in the game-theoretic literature on social contract theory. Peter Vanderschraaf’s sophisticated and innovative theory of conventional justice represents the most recent contribution to this tradition and, in many ways, can be viewed as a culmination of this tradition. In this article, I focus primarily on Vanderschraaf’s defense of the egalitarian bargaining solution as a principle of justice. I argue that one particular formal feature of this bargaining solution, the (...) baseline consistency requirement, may stand in tension with other features of conventionalism as an approach to the social contract and limit the scope of Vanderschraaf’s theory to societies in which de facto an egalitarian sense of justice evolves. It limits the scope of Vanderschraaf’s theory in the face of moral diversity. A similar limitation applies to Vanderschraaf’s theory of democratic political authority. Despite these minor limitations, Vanderschraaf’s theory can only be seen as a major success and significant contribution to social contract theory. (shrink)

Over the last generation, American Business Ethics has focused excessively on the process of managerial decision-making while ignoring the collective impact of these decisions and avoiding other approaches that might earn the disapproval of corporate executives. This narrowness helped the field establish itself during the 1980s, when American management, under pressure from finance and heightened competition, was unreceptive to any limitations on its autonomy. Relying, however, on top-down approaches inspired by Aristotle, Locke, and Kant, while ignoring the consequentialism of Mill (...) and Rawls, made the field totally reliant upon the good will of these same corporate executives for generating any impact. Trends in employee compensation, finance, regulation, government procurement, and taxpayer subsidies suggest that Business Ethics has failed to significantly influence corporate behavior, a result that would have not surprised the realists of the post-war generation of Business and Society scholars. If Business Ethics is to prove relevant in the contemporary world, the field needs to acknowledge past failures and develop new approaches. The decline of American economic hegemony coupled to the increased internationalization of the discipline may create the opportunity to do so. (shrink)

Faced with a choice between escaping without consequences and submitting to a democratic decision, Socrates chooses the latter. So immense is Socrates’ duty to obey law, we are led to believe, that even the threat of death is insufficient to abrogate it. Crito proposes several arguments purporting to ground Socrates’ strong duty to obey, with the appeal to the Athenian system’s democratic credentials carrying most of the normative weight. A careful reading of the dialogue, in conjunction with the ‘Apology’, reveals, (...) however, a more complex picture. If Crito sets the conditions that render a regime legitimate, and therefore warranting of obedience, the Apology reveals a legal system’s shortcomings that justify disobedience. This article substantiates this position by delineating circumstances that can justify resistance. Contemporary forms of political resistance can also rely on similar conditions. Plato’s texts anticipate the current democratic turn of civil disobedience. (shrink)

The free will theodicy places significant value on free will: free will is of such substantial value, that God’s gift of free will to humans was justified, even though this gift foreseeably results in the most monstrous of evils. I will argue that when a state criminalizes sin, it can restrict or eliminate citizens’ exercise of metaphysical free will with respect to choosing to partake in or refrain from these activities. Given the value placed on free will in the free (...) will theodicy, theists who endorse this theodicy should thus oppose the criminalization of what I will call Millian sins —that is, actions which are immoral, but which do not directly harm another person. In other words, such theists should oppose legal moralism. (shrink)

Consent's capacity to legitimise actions and claims is limited by conditions such as coercion, which render consent ineffective. A better understanding of the limits to consent's capacity to legitimise can shed light on a variety of applied debates, in political philosophy, bioethics, economics and law. I show that traditional paternalist explanations for limits to consent's capacity to legitimise cannot explain the central intuition that consent is often rendered ineffective when brought about by a rights violation or threatened rights violation. I (...) argue that this intuition is an expression of the same principles of corrective justice that underlie norms of compensation and rectification. I show how these principles can explain and clarify core intuitions about conditions which render consent ineffective, including those concerned with the consenting agent's option set, his mental competence, and available information. (shrink)

What is it for a state, constitution or set of governmental institutions to have political legitimacy? This paper raises some doubts about two broadly liberal answers to this question, which can be labelled ?Kantian? and ?libertarian?. The argument focuses in particular on the relationship between legitimacy and principles of justice and on the place of consent. By contrast with these views, I suggest that, without endorsing the kind of voluntarist theory, according to which political legitimacy is simply created by individual (...) consent, an adequate understanding of political legitimacy should take much more account than most philosophical theories tend to do of the attitudes and beliefs of citizens and the social and political context in which they have saliency. This also involves acknowledging the limits of theory in determining criteria of political legitimacy. (shrink)

El presente artículo trata algunas cuestiones teóricas e históricas respecto de la regulación del acceso a los medios de comunicación. En primer lugar, se hace un recorrido de las doctrinas liberales de los siglos XVI y XVII que inspiraron la igual desconfianza que refleja la Constitución de Estados Unidos respecto de los poderes públicos y privados en relación con el control de los medios de comunicación y de la opinión pública; en segundo lugar, se hace una revisión de la supervivencia (...) de tales doctrinas liberales en la en la interpretación de la Suprema Corte de la Primera Enmienda, relativa a la libertad de expresión y de prensa y, en tercer lugar, analiza la aplicación de dicha doctrina en los principios que han regido la administración de concesiones de radio y televisión por parte de la Comisión Federal de Comunicaciones. (shrink)

In this book I argue that school integration is not a proxy for educational justice. I demonstrate that the evidence consistently shows the opposite is more typically the case. I then articulate and defend the idea of voluntary separation, which describes the effort to redefine, reclaim and redirect what it means to educate under preexisting conditions of segregation. In doing so, I further demonstrate how voluntary separation is consistent with the liberal democratic requirements of equality and citizenship. The position I (...) defend is not opposed to integration but rather is a justified response to the daily experience of frustration and disappointment with a system that has failed members of marginalized groups for too long. I argue that most voluntary separation experiments in education, far from being motivated by a sense of racial, cultural or religious exclusion, are in fact driven among other things by a desire for a quality education, not to mention community membership and self respect. As such, voluntary separation represents a morally robust pragmatic strategy that is able to answer liberal challenges concerning involuntary stratification, ethnocentrism and democratic deliberation. (shrink)

This book is a quest for the real Plato, forever hiding behind the veil of drama. The quest, as the subtitle indicates, is Cartesian in that it looks for Plato independently of the prevailing paradigms on where we are supposed to find him. The result of the quest is a complete pedagogical platform on Plato. This does not mean that the book leaves nothing out, covering all the dialogues and all the themes, but that it provides the full intellectual apparatus (...) for doing just that. It consists of two parts. The first is a general orientation in three chapters, one each pertaining to the life, thought, and works of Plato. The second is a dialogic companion covering the four dialogues built around the last days of Socrates, with a separate chapter devoted to each: Euthyphro, Apology, Crito, and Phaedo. (shrink)

Political legitimacy is a virtue of political institutions and of the decisions—about laws, policies, and candidates for political office—made within them. This entry will survey the main answers that have been given to the following questions. First, how should legitimacy be defined? Is it primarily a descriptive or a normative concept? If legitimacy is understood normatively, what does it entail? Some associate legitimacy with the justification of coercive power and with the creation of political authority. Others associate it with the (...) justification, or at least the sanctioning, of existing political authority. Authority stands for a right to rule—a right to issue commands and, possibly, to enforce these commands using coercive power. An additional question is whether legitimate political authority is understood to entail political obligations or not. Most people probably think it does. But some think that the moral obligation to obey political authority can be separated from an account of legitimate authority, or at least that such obligations arise only if further conditions hold. (shrink)

Kant resorts to the idea of an original contract in order to legitimate Right and the State; however, no reasons are given for the establishment of either of them. The article suggests that the concept of natural state needs to be analyzed in order to find out what those reasons are. This concept not only indicates what those reasons are, but also determines the content of positive legal norms. On the other hand, the article suggests that the wide spectrum of (...) the concept of natural state also motivates the Kantian idea of a universal legal structure. (shrink)

Compelling research in international relations and international political economy on global warming suggests that one part of any meaningful effort to radically reverse current trends of increasing green house gas (GHG) emissions is shared policies among states that generate costs for such emissions in many if not most of the world’s regions. Effectively employing such policies involves gaining much more extensive global commitments and developing much stronger compliance mechanism than those currently found in the Kyoto Protocol. In other words, global (...) warming raises the prospect that we need a global form of political authority that could coordinate the actions of states in order to address this environmental threat. This in turn suggests that any serious effort to mitigate climate change will entail new limits on the sovereignty of states. In this book I focus on the normative question of whether or not we have clear moral reasons to bind ourselves together in such a supranational form of political association. I argue that one can employ familiar liberal arguments for the moral legitimacy of political order at the state level to show that we do have a duty to support such a global political project. Even if one adopts the premises employed by the most influential forms of liberal scepticism to the ideas of global political and distributive justice, such as those advanced by John Rawls and Thomas Nagel, it is clear that the threat of global warming has expanded the scope of justice. We now have a global and demanding duty of justice to create the political conditions that would allow us to collectively address our impact on the Earth’s atmosphere. (shrink)

What is the point of appealing to a social contract? An intuitively plausible answer is that the metaphor functions as a justification for the obligation to obey the law. If I have made a contract to establish a political authority, then I am bound to obey the commands of that authority. In a contract, my agreement creates an obligation to perform. Then only remaining question is what reasons I have to make the agreement in the first place. It would then (...) seem that classical social contract theory is divided between those who understand our reasons to agree as prudential and those who take our reasons to be moral. But this kind of interpretation fails to make sense of Kant’s political theory, which understands our obligation to enter into a civil condition as prior to the appeal to the social contract. The original contract enters into Kant’s theory at a crucially later point, after the creation of specific political institutions. It functions as a way of reconciling these institutions with the idea of rightful coercion, by imposing normative requirements on the political reasoning of legislators and citizens. For Kant, the distinctive feature of normative political reasoning is the notion of a unified will, an idea that was already present at the start of social contract theory in Hobbes, but had yet to be properly clarified. Kant appeals to the original contract not to ground our political obligations, but to explain both the coherence and the necessity of the idea of a common will for political argument. (shrink)

Authority figures permeate our daily lives, particularly, our political lives. What makes authority legitimate? The current debates about the legitimacy of authority are characterised by two opposing strategies. The first establish the legitimacy of authority on the basis of the content of the authority’s command. That is, if the content of the commands meet some independent normative standard then they are legitimate. However, there have been many recent criticisms of this strategy which focus on a particular shortcoming – namely, its (...) seeming inability to account for who can legitimately command whom. This is the basis of the second strategy, which attempts to characterize the normative relationship that underlies and makes possible authoritative commands. The central point of Part I is that these two strategies are, in fact, not opposed and both raise questions which a theory of legitimacy must answer. If this is the case, then we need to ask: how ought we to determine the legitimacy both of the content of commands as well as who can command whom? Part II will answer this question. Starting with the question of standing, I argue that we ought not to look for normative principles outside of the institutions in which authority is embedded. Rather, one ought to start by elaborating the ontology of institutions in which a sui generis form of normativity arises. A joint commitment account of social ontology provides the tools necessary to see how the direction obligations emerge concurrently with the formation of institutions. Similarly, the question of content can be answered by paying close attention to the social ontology of institutions. We need not look beyond the internal constitutive standards of the institution itself. The constitutive standards provide an internal criterion by which the legitimacy of commands can be established. (shrink)