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  1. Towards a discourse-theoretical account of authority and obligation in the postnational constellation.Jonathan Trejo-Mathys - 2012 - Philosophy and Social Criticism 38 (6):537-567.
    Normative questions concerning political authority and political obligation are widely seen as central questions of political philosophy. Current global transformations require an innovative response from normative political thinking about these two topics. In light of a concrete example of the supranational forms of authority and obligation that have been and are emerging beyond the national state and beyond the traditional domains of international law, I lay out what has become the standard approach to authority and obligation and indicate why this (...)
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  • Moral Authority and Proxy Decision-Making.Anthony Wrigley - 2015 - Ethical Theory and Moral Practice 18 (3):631-647.
    IntroductionExtended decision -making through the use of proxy decision -makers has been enshrined in a range of International Codes, Professional Guidance and Statute,For example, the UK Mental Capacity Act section 9.1; The General Medical Council ; the US National Guardianship Association ; Nuffield Council on Bioethics ; CIOMS-WHO section 6. Court cases such as Re Quinlan in the US have also contributed to establishing the groundings for the legal status of the proxy, albeit in terms of who might be suitable (...)
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  • The Concept of Voluntary Consent.Robert M. Nelson, Tom Beauchamp, Victoria A. Miller, William Reynolds, Richard F. Ittenbach & Mary Frances Luce - 2011 - American Journal of Bioethics 11 (8):6-16.
    Our primary focus is on analysis of the concept of voluntariness, with a secondary focus on the implications of our analysis for the concept and the requirements of voluntary informed consent. We propose that two necessary and jointly sufficient conditions must be satisfied for an action to be voluntary: intentionality, and substantial freedom from controlling influences. We reject authenticity as a necessary condition of voluntary action, and we note that constraining situations may or may not undermine voluntariness, depending on the (...)
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  • Legal System and Practical Reason. On the Structure of a Normative Theory of Law.Jan-Reinard Sieckmann - 1992 - Ratio Juris 5 (3):288-307.
    It will be argued, firstly, that there is a link between the legal validity of a norm and the rational justifiability of a requirement that judges should apply this norm, based on a normative conception of legal validity and the postulate that judges should act as rational persons; secondly, that rational justifiability of legal norms requires the construction of a legal system in a model of principles that differs from theories, e.g., of Kelsen, Hart, Dworkin and Alexy, which are not (...)
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  • Justice for Children: Autonomy Development and the State.Harry Adams - 2008 - State University of New York Press.
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  • Parfit’s Moral Arithmetic and the Obligation to Obey the Law.George Klosko - 1990 - Canadian Journal of Philosophy 20 (2):191-213.
    Though consequentialist theories of political obligation have been widely criticized in recent years, a series of arguments presented by Derek Parfit, in Reasons and Persons, are now believed to have given this position new life.
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