Switch to: References

Add citations

You must login to add citations.
  1. Consent by residence: A defense.Stephen Puryear - 2021 - European Journal of Political Theory 20 (3):529-546.
    The traditional view according to which we adults tacitly consent to a state’s lawful actions just by living within its borders—the residence theory—is now widely rejected by political philosophers. According to the critics, this theory fails because consent must be (i) intentional, (ii) informed, and (iii) voluntary, whereas one’s continued residence within a state is typically none of these things. Few people intend to remain within the state in which they find themselves, and few realize that by remaining they are (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  • The quest for the legitimacy of the people: A contractarian approach.Marco Verschoor - 2015 - Politics, Philosophy and Economics 14 (4):391-428.
    This article addresses the problem of ‘the legitimacy of the people’, that is, what constitutes the legitimate demarcation of the political units within which democracy is practiced? It is commonplace among philosophers to argue that this problem cannot be solved by appeal to democratic procedure because every attempt to do so results in an infinite regress. Based on a social contract theoretical analysis of the problem, this view is rejected. Although contract theorists have ignored the problem of the legitimacy of (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • Re-Thinking the Role of the Family in Medical Decision-Making.Mark J. Cherry - 2015 - Journal of Medicine and Philosophy 40 (4):451-472.
    This paper challenges the foundational claim that the human family is no more than a social construction. It advances the position that the family is a central category of experience, being, and knowledge. Throughout, the analysis argues for the centrality of the family for human flourishing and, consequently, for the importance of sustaining family-oriented practices within social policy, such as more family-oriented approaches to consent to medical treatment. Where individually oriented approaches to medical decision-making accent an ethos of isolated personal (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  • The Consent Solution to Punishment and the Explicit Denial Objection.Miroslav Imbrisevic - 2010 - Theoria: Revista de Teoría, Historia y Fundamentos de la Ciencia 25 (2):211-224.
    Recently, David Boonin has put forward several objections to Carlos S. Nino's 'Consensual Theory of Punishment'. In this paper I will defend Nino against the 'explicit denial objection'. I will discuss whether Boonin's interpretation of Nino as a tacit consent theorist is right. I will argue that the offender's consent is neither tacit nor express, but a special category of implicit consent. Further, for Nino the legal-normative consequences of an act (of crime) are 'irrevocable', i.e. one cannot (expressly and successfully) (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  • The vigorous and doux soldier: David Hume’s military defence of commerce.Maria Pia Paganelli & Reinhard Schumacher - 2018 - History of European Ideas 44 (8):1141-1152.
    ABSTRACTIf war is an inevitable condition of human nature, as David Hume suggests, then what type of societies can best protect us from defeat and conquest? For David Hume, commerce decreases the relative cost of war and promotes technological military advances as well as martial spirit. Commerce therefore makes a country militarily stronger and better equipped to protect itself against attacks than any other kind of society. Hume does not assume commerce would yield a peaceful world nor that commercial societies (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  • Do territorial rights include the right to exclude?Cara Nine - 2019 - Politics, Philosophy and Economics 18 (4):307-322.
    Do territorial rights include the right to exclude? This claim is often assumed to be true in territorial rights theory. And if this claim is justified, a state may have a prima facie right to unil...
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  • Justification and legitimacy in global civil society.Graham Long - 2008 - Journal of Global Ethics 4 (1):51 – 66.
    As some thinkers have sought in the concept of global civil society an ethically driven site of deliberation and even resistance, so others have criticized global civil society for its lack of legitimacy and representativeness. This article attempts to answer these criticisms ? at least in part ? by invoking a moral commitment to the value of justification. I argue that the idea of justification, when examined, offers us a particular understanding of legitimacy which would be attainable for global civil (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • (1 other version)On the Territorial Rights of States 1.A. John Simmons - 2001 - Philosophical Issues 11 (1):300-326.
    Download  
     
    Export citation  
     
    Bookmark   38 citations  
  • The democratic boundary problem and social contract theory.Marco Verschoor - 2018 - European Journal of Political Theory 17 (1):3-22.
    How to demarcate the political units within which democracy will be practiced? Although recent years have witnessed a steadily increasing academic interest in this question concerning the boundary problem in democratic theory, social contract theory’s potential for solving it has largely been ignored. In fact, contract views are premised on the assumption of a given people and so presuppose what requires legitimization: the existence of a demarcated group of individuals materializing, as it were, from nowhere and whose members agree among (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  • Hannah Arendt's Critique of Violence.Christopher J. Finlay - 2009 - Thesis Eleven 97 (1):26-45.
    This article critiques the idea of instrumental justification for violent means seen in Hannah Arendt's writings. A central element in Arendt's argument against theorists like Georges Sorel and Frantz Fanon in On Violence is the distinction between instrumental justifications and approaches emphasizing the `legitimacy' of violence or its intrinsic value. This doesn't really do the work Arendt needs it to in relation to rival theories. The true distinctiveness of Arendt's view is seen when we turn to On Revolution and resituate (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations