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The law of peoples

Cambridge, Mass.: Harvard University Press. Edited by John Rawls (1999)

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  1. Landmarks in the Evolution of Liberal Thought: Freedom, Plurality, Knowledge.Gal Gerson - forthcoming - The European Legacy.
    In the past few decades, liberal and democratic thought has been subjected to attacks from the adherents of nationalism, populism, and social radicalism. Much of these attacks involve suspicions about liberalism’s association with the contents and purveyors of structured knowledge, scientific and humanistic alike. I suggest that an examination of the history of liberal beliefs may add to our understanding of what is at stake. Such an examination may reveal how liberal thought in the twentieth century shifted away from its (...)
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  • Global and Ecological Justice: Prioritising Conflicting Demands.Marcel Wissenburg - 2006 - Environmental Values 15 (4):425-439.
    'Global and ecological justice ' is a very popular catchphrase in policy documents, treaties, publications by think - tanks, NGOs and other bodies. I argue that it represents an informal combination of four distinct and sometimes conflicting ideas: global justice, protection of the ecology, sustainability and sustainable growth. To solve the practical, conceptual and logical complications thus caused, a more precise interpretation of global justice and ecological justice is suggested, on the basis of which it is also possible to rank (...)
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  • The Incompatibility of Rawls's Justice as Fairness and His Just War Approach.Medina Vicente - 2024 - Ratio Juris 37 (1):67-82.
    A fundamental tension exists between Rawls's ideal Kantian conception of justice as fairness (JAF), which requires respecting people as ends, and his realistic non-Kantian consequentialist conception of a supreme emergency in a just war. By justifying the targeting of objectively innocent noncombatants during a supreme emergency exception, Rawls allows for treating them as means only. Hence, his appeal to a supreme emergency is insufficient to avoid this tension. First, since for him JAF is ideal but also practical, one might argue (...)
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  • The Principle of Non-Combatan Immunity- Interpretations, Challenges, Suggestons.Lukáš Švaňa - 2015 - Human Affairs 25 (4):421-429.
    The article deals with one of the most problematic principles of just war theory. It looks at the usage of the terms civilian, innocent and non-combatant and suggests how they can be interpreted. The principle of non-combatant immunity remains a real challenge for just war theory in the 21st century as it is designed to protect a specific group of people in times of war. The article considers the problematic issue of targeting non-combatants in war times as well as suggesting (...)
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  • Models of International Economic Justice.Ethan B. Kapstein - 2004 - Ethics and International Affairs 18 (2):79-92.
    Articulating and examining the likely consequences of different theoretical and policy approaches to economic justice serves to highlight potential trade-offs and conflicts among them, and helps us to think more carefully about these trade-offs and what their consequences might be. Some of us, for example, might support a liberal free trade regime because we believe it promotes greater income equalityamong countries. But we might also reasonably assert that such a regime exacerbates economic injusticeswithin some countriesby causing dislocation and unemployment, particularly (...)
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  • Transnational Corporations and Human Rights Duties: Perfect and Imperfect.Jilles L. J. Hazenberg - 2016 - Human Rights Review 17 (4):479-500.
    This paper aims, firstly, to bridge debates on human rights and Transnational Corporations within practical philosophy and those within the business and human rights literature and, secondly, to determine the extent to which human rights duties can be assigned to TNCs. To justifiably assign human rights duties to TNCs, it is argued that these duties need to be grounded in moral theory. Through assessment of two approaches from practical philosophy, it is argued that positive duties cannot be assigned to TNCs (...)
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  • Assistance with Fewer Strings Attached.Vivien Collingwood - 2003 - Ethics and International Affairs 17 (1):55-67.
    International organizations and bilateral donors often tie financial assistance to the undertaking of political and economic reforms–a practice known as conditionality. In recent years, the use of good governance conditionality has provoked controversy in the academic and policy worlds. So far, the issue of whether conditionality is effective in achieving compliance with good governance norms has occupied center stage in the debate. However, whether it is morally defensible to attach political conditions to financial assistance has largely been taken for granted.This (...)
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  • Comparative vs. Transcendental Approaches to Justice: A Misleading Dichotomy in S en's The Idea of Justice.Francesco Biondo - 2012 - Ratio Juris 25 (4):555-577.
    This paper examines the distinction drawn by Amartya Sen between transcendental and comparative theories of justice, and its application to Rawls' doctrine. It then puts forward three arguments. First, it is argued that Sen offers a limited portrayal of Rawls' doctrine. This is the result of a rhetorical strategy that depicts Rawlsian doctrine as more “transcendental” than it really is. Although Sen deploys numerous quotations in support of his interpretation, it is possible to offer a less transcendental interpretation of Rawls. (...)
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  • Broad Internalism, Deep Conventions, Moral Entrepreneurs, and Sport.William J. Morgan - 2012 - Journal of the Philosophy of Sport 39 (1):65-100.
    My argument will proceed as follows. I will first sketch out the broad internalist case for pitching its normative account of sport in the abstract manner that following Dworkin’s lead in the philosophy of law its adherents insist upon. I will next show that the normative deficiencies in social conventions broad internalists uncover are indeed telling but misplaced since they hold only for what David Lewis famously called ‘coordinating’ conventions. I will then distinguish coordinating conventions from deep ones and make (...)
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  • In Defence of Global Egalitarianism.Carl Knight - 2012 - Journal of Global Ethics 8 (1):107-116.
    This essay argues that David Miller's criticisms of global egalitarianism do not undermine the view where it is stated in one of its stronger, luck egalitarian forms. The claim that global egalitarianism cannot specify a metric of justice which is broad enough to exclude spurious claims for redistribution, but precise enough to appropriately value different kinds of advantage, implicitly assumes that cultural understandings are the only legitimate way of identifying what counts as advantage. But that is an assumption always or (...)
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  • Consequentialism and Its Demands: The Role of Institutions.Attila Tanyi & András Miklós - forthcoming - Acta Analytica:1-21.
    Consequentialism is often criticised as being overly demanding, and this overdemandingness is seen as sufficient to reject it as a moral theory. This paper takes the plausibility and coherence of this objection – the Demandingness Objection – as a given. Our question, therefore, is how to respond to the Objection. We put forward a response that we think has not received sufficient attention in the literature: institutional consequentialism. On this view institutions take over the consequentialist burden, whereas individuals, special occasions (...)
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  • Fichte’s Imagined Community and the Problem of Stability.Gabriel Gottlieb - 2016 - In Daniel Breazeale & Tom Rockmore (eds.), Fichte's Addresses to the German Nation Reconsidered. SUNY Press. pp. 175-199.
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  • Fichte's Addresses to the German Nation Reconsidered.Daniel Breazeale & Tom Rockmore (eds.) - 2016 - SUNY Press.
    Essays on one of Fichte's best known and most controversial works. One of J. G. Fichte’s best-known works, Addresses to the German Nation is based on a series of speeches he gave in Berlin when the city was under French occupation. They feature Fichte’s diagnosis of his own era in European history as well as his call for a new sense of German national identity, based upon a common language and culture rather than “blood and soil.” These speeches, often interpreted (...)
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  • Fairness in international economic cooperation: moving beyond Rawls’s duty of assistance.Sylvie Loriaux - 2012 - Critical Review of International Social and Political Philosophy 15 (1):19-39.
    In this paper, I will argue that Rawls’s duty of assistance offers an incomplete picture of our international social and economic responsibilities. I will start by presenting the two main interpretations of the ‘Rawlsian circumstances of egalitarian distributive justice’ – the first requiring the existence of a ‘certain kind’ of cooperation, the second the existence of a ‘certain kind’ of interaction with the will – and then show that none of them rules out the applicability of international principles of egalitarian (...)
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  • Just war theory, humanitarian intervention, and the need for a democratic federation.John J. Davenport - 2011 - Journal of Religious Ethics 39 (3):493-555.
    The primary purpose of government is to secure public goods that cannot be achieved by free markets. The Coordination Principle tells us to consolidate sovereign power in a single institution to overcome collective action problems that otherwise prevent secure provision of the relevant public goods. There are several public goods that require such coordination at the global level, chief among them being basic human rights. The claim that human rights require global coordination is supported in three main steps. First, I (...)
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  • Rawlsian Anti-Capitalist Environmental Justice.Tyra Lennie - 2024 - Ethics, Politics, and Society 6 (2):22-49.
    In this paper, I examine John Rawls’ claim in the first edition of A Theory of Justice that Justice as Fairness cannot include considerations about the environment and non-human animals. The paper aims to resolve the tension in this statement, as the idea of a Rawlsian well-ordered society without concern for the rest of nature presents as a contradiction. Through a more charitable reading of Rawlsian theory that borrows from anti-capitalist and environmental justice frameworks, we can see how Rawlsian justice (...)
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  • On the Cogency of Human Rights.Katrin Flikschuh - 2011 - Jurisprudence 2 (1):17-36.
    This article queries the cogency of human rights reasoning in the context of global justice debates, focusing on Charles Beitz's practice-based approach. By 'cogency' is meant the adequacy of human rights theorising to its intended context of application. Negatively, the author argues that Beitz's characterisation of human rights reasoning as a 'global discursive practice' lacks cogency when considered in the context of the post-colonial state system; she focuses on African decolonisation. Positively, she suggests that Beitz's gloss on international human rights (...)
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  • Whitehead's religious thought: from mechanism to organism, from force to persuasion.Daniel A. Dombrowski - 2017 - Albany, NY: SUNY Press.
    Griffin's panexperientialism as perennial philosophy -- Stengers on Whitehead on God -- Rawlsian political liberalism and process thought -- Hartshorne, the process concept of God, and pacifism -- Butler and grievable lives -- Wordsworth, Whitehead, and the romantic reaction.
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  • How Do You Like Your Justice, Bent or Unbent?Lars J. K. Moen - 2023 - Moral Philosophy and Politics 10 (2):285-297.
    Principles of justice, David Estlund argues, cannot be falsified by people’s unwillingness to satisfy them. In his Utopophobia, Estlund rejects the view that justice must bend to human motivation to deliver practical implications for how institutions ought to function. In this paper, I argue that a substantive argument against such bending of justice principles must challenge the reasons for making these principles sensitive to motivational limitations. Estlund, however, provides no such challenge. His dispute with benders of justice is therefore a (...)
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  • Global basic structure and institutions: The WTO as a practical example.Teppo Eskelinen - 2011 - Journal of Global Ethics 7 (1):47 - 58.
    In this article, I discuss the location of the sources of global poverty and injustice. I take it as granted that the members of the globally lowest income group live in unacceptable conditions and suffer from injustice. Yet the source of this injustice is a debatable question. Often the existing global institutions are seen as major causes behind this injustice. By taking the World Trade Organization (WTO) negotiations as a practical example, I aim to show that blaming the institutions as (...)
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  • Rawls and climate change: does Rawlsian political philosophy pass the global test?Stephen M. Gardiner - 2011 - Critical Review of International Social and Political Philosophy 14 (2):125-151.
    Climate change and other global environmental problems constitute a significant challenge to contemporary political philosophy, especially with respect to complacency. This paper assesses Rawls? theory, and argues for three conclusions. First, Rawls does not already solve such problems, and simple extensions of his theory are unlikely to do so. This is so despite the rich structure of Rawls? philosophy, and the appeal of some of its parts. Second, the most promising areas for extension ? the circumstances of justice, the duty (...)
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  • Enlightening the unEnlightened: The Exclusion of Indian Philosophies from the Western Philosophical Canon.Ashwani Peetush - 2021 - In Sonia Sikka & Ashwani Peetush (eds.), Asian Philosophies and the Idea of Religion: Beyond Faith and Reason. Oxon, UK: Routledge. pp. 76-105.
    My purpose in this paper is to challenge the continued exclusion of Indian philosophies from the Western philosophical canon on the supposed basis that such philosophies are really religion, mysticism, and mythology. I argue that many schools of Indian philosophy, such as Advaita Vedānta, resist and problematize historically particular Euro-Western conceptions of both philosophy and religion, and the conceptual borders between them, where philosophy is understood as grounded in various substantive notions of reason and rationality, defined as a purely theoretical (...)
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  • A troubled reconciliation: a critical assessment of Tan’s Liberal Cosmopolitanism.Kathryn Walker - 2012 - Critical Review of International Social and Political Philosophy 15 (1):63-77.
    Kok?Chor Tan argues for a conception of Liberal Cosmopolitanism that seeks to reconcile ideals of global justice and national partiality. I provide two objections to his luck egalitarian model of global justice: first, it fails to provide adequate space for legitimate cultural variation with respect to the understanding of and valuing of natural resources; and second, that its account of ideas of collective responsibility is restricted to a point at which it becomes unrecognizable and inefficacious. I conclude with some reflections (...)
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  • The Liberal Constitution and Foreign Affairs.Fernando R. Tesón - 2011 - Social Philosophy and Policy 28 (1):115-149.
    Scholars have debated the meaning of the foreign-relations clauses in the U.S. Constitution. This essay attempts to outline the foreign-relations clauses that an ideal constitution should have. A liberal constitution must enable the government to implement a morally defensible foreign policy. The first priority is the defense of liberty. The constitution must allow the government to effectively defend persons, territory, and liberal institutions themselves. The liberal government should also contribute to the advancement of global freedom, subject to a number of (...)
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  • The Relevance of Cosmopolitanism for Moral Education.Michael S. Merry & Doret J. de Ruyter - 2011 - Journal of Moral Education 40 (1):1-18.
    In this article we defend a moral conception of cosmopolitanism and its relevance for moral education. Our moral conception of cosmopolitanism presumes that persons possess an inherent dignity in the Kantian sense and therefore they should be recognised as ends‐in‐themselves. We argue that cosmopolitan ideals can inspire moral educators to awaken and cultivate in their pupils an orientation and inclination to struggle against injustice. Moral cosmopolitanism, in other words, should more explicitly inform the work that moral educators do. Real‐world constraints (...)
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  • Ubuntu, Cosmopolitanism, and Distribution of Natural Resources.Edwin Etieyibo - 2017 - Philosophical Papers 46 (1):139-162.
    In this paper, I argue that Ubuntu can be construed as a strict form of cosmopolitan moral and political theory. The implication of this is that the duty or obligation that humans owe other humans arises in virtue of humanity or the notion of human-ness. That is, one is a person insofar as he or she forms humane relations and it is this particular way of beingness that makes every person both an object and subject of duty. On this cosmopolitan (...)
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  • Conscientious Conviction and Subjective Preference: On What Grounds Should Religious Practices Be Accommodated?Stéphane Courtois - 2011 - Philosophical Papers 40 (1):27-53.
    In this paper, I seek to challenge two prevailing views about religious accommodation. The first maintains that religious practices deserve accommodation only if they are regarded as something unchosen on a par with the involuntary circumstances of life people must face. The other view maintains that religious practices are nothing more than preferences but questions the necessity of their accommodation. Against these views, I argue that religious conducts, even on the assumption that they represent voluntary behaviours, deserve in certain circumstances (...)
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  • Existentialist Voluntarism as a Source of Normativity.Andrew Jason Cohen - 2008 - Philosophical Papers 37 (1):89-129.
    I defend a neo-Kantian view wherein we are capable of being completely autonomous and impartial and argue that this ability can ground normativity. As this view includes an existentialist conception of the self, I defend radical choice, a primary component of that conception, against arguments many take to be definitive. I call the ability to use radical choice “existentialist voluntarism” and bring it into a current debate in normative philosophy, arguing that it allows that we can be distanced from all (...)
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  • Territorial Loss as a Challenge for World Governance.Joachim Wündisch - 2019 - Philosophical Papers 48 (1):155-178.
    National governments have failed spectacularly to mitigate anthropogenic climate change and a sustainable approach to mitigation remains out of sight. This circumstance alone demonstrates t...
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  • Introduction.Attila Tanyi - 2019 - Philosophical Papers 48 (1):1-7.
    Volume 48, Issue 1, March 2019, Page 1-7.
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  • Pluralism, Imagination, and Estrangement.Lisa Rivera - 2006 - Philosophical Papers 35 (3):327-365.
    This paper argues that the diversity of conflicting comprehensive doctrines in liberal pluralist societies raises a problem of estrangement between citizens and the basic structure of society that Rawls' version of political liberalism does not successfully solve. 'Political estrangement' occurs when someone refuses to accept a political outcome that favors a comprehensive doctrine she rejects, based on what she imagines, correctly or incorrectly, to be true of her fellow citizens' comprehensive doctrines and their effect on political outcomes. Rawls argues that (...)
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  • Introduction: Globalizing or Transcending Global Justice?1.Uchenna Okeja - 2017 - Philosophical Papers 46 (1):1-11.
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  • Does Global Democracy Require a World State?Eva Erman - 2019 - Philosophical Papers 48 (1):123-153.
    The question of whether global democracy requires a world state has with few exceptions been answered with an unequivocal ‘No’. A world state, it is typically argued, is neither feasible nor desirable. Instead, different forms of global governance arrangements have been suggested, involving non-hierarchical and multilayered models with dispersed authority. The overall aim of this paper is to addresses the question of whether global democracy requires a world state, adopting a so-called ‘function-sensitive’ approach. It is shown that such an approach (...)
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  • Global Public Reason, Diversity, and Consent.Samuel Director - 2019 - Philosophical Papers 48 (1):31-57.
    In this paper, I examine global public reason as a method of justifying a global state. Ultimately, I conclude that global public reason fails to justify a global state. This is the case, because global public reason faces an unwinnable dilemma. The global public reason theorist must endorse either a hypothetical theory of consent or an actual theory of consent; if she endorses a theory of hypothetical consent, then she fails to justify her principles; and if she endorses a theory (...)
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  • A non-cosmopolitan case for sovereign debt relief.Julia Maskivker - 2010 - Journal of Global Ethics 6 (1):57-70.
    This article develops the argument that non-cosmopolitan considerations of justice justify relief of sovereign debt for highly indebted poor states. In particular, the article claims that considerations of national determination warrant some debt-forgiveness in the backdrop of unfair terms of global interaction. In a context of inequality, poor countries cannot generally afford to disregard the costs of ignoring the interests of the wealthiest states. Patterns of unbalanced interaction undermine national self-determination by limiting the poor countries' effective capacity to choose between (...)
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  • Superintelligence and the Future of Governance: On Prioritizing the Control Problem at the End of History.Phil Torres - 2018 - In Yampolskiy Roman (ed.), Artificial Intelligence Safety and Security. CRC Press.
    This chapter argues that dual-use emerging technologies are distributing unprecedented offensive capabilities to nonstate actors. To counteract this trend, some scholars have proposed that states become a little “less liberal” by implementing large-scale surveillance policies to monitor the actions of citizens. This is problematic, though, because the distribution of offensive capabilities is also undermining states’ capacity to enforce the rule of law. I will suggest that the only plausible escape from this conundrum, at least from our present vantage point, is (...)
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  • An Exploratory Study of Ethics Codes of Professional Public Relations Associations: Proposing Modified Universal Codes of Ethics in Public Relations.Soo-Yeon Kim & Eyun-Jung Ki - 2014 - Journal of Mass Media Ethics 29 (4):238-257.
    Public relations scholars have demonstrated contradictory views regarding the application of universal versus culture-specific approaches for understanding global public relations ethics. However, few comparative studies have empirically explored public relations ethics on a global scale. To that end, this study represents an exploratory attempt to provide a descriptive picture of public relations professional associations and their codes of ethics across 107 countries. In conclusion, we argue that honesty, safeguarding of confidences of clients, and prohibition of conflicts of interest of competing (...)
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  • Rawls on Race/Race in Rawls.Charles W. Mills - 2009 - Southern Journal of Philosophy 47 (S1):161-184.
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  • Public reason, non-public reasons, and the accessibility requirement.Jason Tyndal - 2019 - Canadian Journal of Philosophy 49 (8):1062-1082.
    In Liberalism without Perfection, Jonathan Quong develops what is perhaps the most comprehensive defense of the consensus model of public reason – a model which incorporates both a public-reasons-only requirement and an accessibility requirement framed in terms of shared evaluative standards. While the consensus model arguably predominates amongst public reason liberals, it is criticized by convergence theorists who reject both the public-reasons-only requirement and the accessibility requirement. In this paper, I argue that while we have good reason to reject Quong’s (...)
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  • Human Rights and Political Toleration in India: Multiplicity, Self, and Interconnectedness.Ashwani Kumar Peetush - 2015 - In Ashwani Kumar Peetush & Jay Drydyk (eds.), Human Rights: India and the West. Oxford University Press. pp. 205-228.
    I would argue that toleration is one of the cornerstones for a just social order in any pluralistic society. Yet, the ideal of toleration is usually thought to originate from within, and most often justified from a European historical and philosophical context. It is thought to be a response to societal conflict and the Wars of Religion in the West, which is then exported to the rest of the world, by colonialism (ironically), or globalization. The West, once again, calls upon (...)
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  • When the Practice Gets Complicated: Human Rights, Migrants, and Political Institutions.Jelena Belic - 2017 - In Reidar Maliks & Johan Karlsson Schaffer (eds.), Moral and Political Conceptions of Human Rights: Implications for Theory and Practice. New York: Cambridge University Press. pp. 181 - 203.
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  • Hybridity in Agriculture.Catherine Kendig - 2012 - In Paul B. Thompson & David M. Kaplan (eds.), Encyclopedia of Food and Agricultural Ethics. New York: Springer Verlag.
    In a very general sense, hybrid can be understood to be any organism that is the product of two (or more) organisms where each parent belongs to a different kind. For example; the offspring from two or more parent organisms, each belonging to a separate species (or genera), is called a “hybrid”. “Hybridity” refers to the phenomenal character of being a hybrid. And “hybridization ” refers to both natural and artificial processes of generating hybrids. These processes include mechanisms of selective (...)
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  • The Human Right to Democracy and the Pursuit of Global Justice.Pablo Gilabert - 2020 - In Thom Brooks (ed.), The Oxford Handbook of Global Justice. Oxford, United Kingdom: Oxford University Press. pp. 279-301.
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  • Globalization and the public realm.Terry Nardin - 2009 - Critical Review of International Social and Political Philosophy 12 (2):297-312.
    Globalization can undermine as well as enable public discourse at the national, international, and supranational levels. A challenge for political theory is to imagine how a global public realm might be constituted. Because the public realm has flourished in states whose citizens are related under the rule of law, one might ask whether this model of civil association can be extended to a broader and potentially universal context. Given the contingent obstacles to a global state, realizing civil association globally implies (...)
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  • National Responsibility and Global Justice.David Miller - 2007 - New York: Oxford University Press.
    This chapter outlines the main ideas of my book National responsibility and global justice. It begins with two widely held but conflicting intuitions about what global justice might mean on the one hand, and what it means to be a member of a national community on the other. The first intuition tells us that global inequalities of the magnitude that currently exist are radically unjust, while the second intuition tells us that inequalities are both unavoidable and fair once national responsibility (...)
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  • On Altruistic War and National Responsibility: Justifying Humanitarian Intervention to Soldiers and Taxpayers.Ned Dobos - 2010 - Ethical Theory and Moral Practice 13 (1):19-31.
    The principle of absolute sovereignty may have been consigned to history, but a strong presumption against foreign intervention seems to have been left in its stead. On the dominant view, only massacre and ethnic cleansing justify armed intervention, these harms must be already occurring or imminent, and the prudential constraints on war must be satisfied. Each of these conditions has recently come under pressure. Those looking to defend the dominant view have typically done so by invoking international peace and stability, (...)
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  • Global Governance and Human Rights.Cristina Lafont - 2012 - Amsterdam: van Gorcum.
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  • Human rights and the rights of states: a relational account.Ariel Zylberman - 2016 - Canadian Journal of Philosophy 46 (3):291-317.
    What is the relationship between human rights and the rights of states? Roughly, while cosmopolitans insist that international morality must regard as basic the interests of individuals, statists maintain that the state is of fundamental moral significance. This article defends a relational version of statism. Human rights are ultimately grounded in a relational norm of reciprocal independence and set limits to the exercise of public authority, but, contra the cosmopolitan, the state is of fundamental moral significance. A relational account promises (...)
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  • Survey Article: Four Models of a Global Order with Cosmopolitan Intent: An Empirical Assessment.Michael Zürn - 2015 - Journal of Political Philosophy 24 (1):88-119.
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  • Public Reason and Teaching Science in a Multicultural World: a Comment on Cobern and Loving: “An Essay for Educators…’ in the Light of John Rawls’ Political Philosophy.Albert Zeyer - 2009 - Science & Education 18 (8):1095-1100.
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