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Associative obligations and the obligation to obey the law

In Scott Hershovitz (ed.), Exploring law's empire: the jurisprudence of Ronald Dworkin. New York: Oxford University Press (2006)

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  1. Why a Hedgehog Cannot Have Political Obligations.Andrea Faggion - 2020 - Ratio Juris 33 (3):317-328.
    According to Ronald Dworkin, political obligation is to be justified as an associative obligation through membership in certain political communities. In this regard, I first argue that the concept of an associative obligation cannot help us to account for precise moral obligations. Second, I analyze certain disanalogies between paradigmatic cases of associative obligation and political obligation in order to show the inability of the former to justify the enforcement of a comprehensive obligation such as the latter. Finally, I argue that (...)
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  • The One-System View and Dworkin’s Anti-Archimedean Eliminativism.Hillary Nye - 2021 - Law and Philosophy 40 (3):247-276.
    Many of Dworkin’s interlocutors saw his ‘one-system view’, according to which law is a branch of morality, as a radical shift. I argue that it is better seen as a different way of expressing his longstanding view that legal theory is an inherently normative endeavor. Dworkin emphasizes that fact and value are separate domains, and one cannot ground claims of one sort in the other domain. On this view, legal philosophy can only answer questions from within either domain. We cannot (...)
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  • An Instrumentalist Theory of Political Legitimacy.Matthias Brinkmann - 2024 - Oxford: Oxford University Press.
    What justifies political power? Most philosophers argue that consent or democracy are important, in other words, it matters how power is exercised. But this book argues that outcomes primarily matter to justifying power.
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  • Associative Political Obligations.Bas van der Vossen - 2011 - Philosophy Compass 6 (7):477-487.
    This article aims to provide some insight into the nature and content of the theory of associative political obligation. It does this by first locating the view in the wider debate on political obligation, analyzing the view in terms of four central elements that are shared by many of its versions, and then discussing important criticisms that have been made of each of these, as well as some rejoinders by defenders of the theory.
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  • Associative Political Obligations: Their Potential.Bas van der Vossen - 2011 - Philosophy Compass 6 (7):488-496.
    This article adopts the framework set out in ‘Associative Political Obligations’ to ask two further questions about the theory of associative political obligation. (i) Which of the different interpretations of the theory of associative political obligation is most plausible? And (ii) what would be the implications of such a view? It is argued that (i) the most attractive version of the argument is one according to which such obligations obtain only in morally acceptable communities, and only between what may be (...)
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