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  1. Citizenship and Property Rights: A New Look at Social Contract Theory.Elisabeth Ellis - 2006 - Journal of Politics 68 (3):544-555.
    Social contract thought has always contained multiple and mutually conflicting lines of argument; the minimalist contractarianism so influential today represents the weaker of two main constellations of claims. I make the case for a Kantian contract theory that emphasizes the bedrock principle of consent of the governed instead of the mere heuristic device of the exit from the state of nature. Such a shift in emphasis resolves two classic difficulties: tradi- tional contract theory’s ahistorical presumption of a pre-political settlement, and (...)
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  • Laws, passion, and the attractions of right action in Montesquieu.Sharon R. Krause - 2006 - Philosophy and Social Criticism 32 (2):211-230.
    This article examines Montesquieu's concept of natural law and treatment of legal customs in conjunction with his theory of moral psychology. It explores his effort to entwine the rational procedural quality of laws with the substantive principles that sustain them. Montesquieu grounds natural law in the desires of the human being as ‘a feeling creature’, thus establishing the normative force of desire and making right action attractive by engaging the passions rather than subordinating them to reason. As a result, natural (...)
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  • Parks and refs: Community, solidarity, and public space.Margaret Kohn - 2016 - Contemporary Political Theory 15 (4):446-452.
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  • A Fluid Demos for a Hypermigration Polity.Enrico Biale - 2019 - Res Publica 25 (1):101-117.
    In this paper I will hold that it is desirable to ensure people be included within the borders and the political community both, but I will point out the potential incompatibility of the two. In an open-borders society, members of a polity would not be exclusively individuals who expect to stay in a country for a long time but also people who temporarily work and live there. Among this latter group would be individuals who would continuously migrate—call them hypermigrants. While (...)
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