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The Law of Peoples

Critical Inquiry 20 (1):36-68 (1993)

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  1. Democratic epistemology and democratic morality: the appeal and challenges of Peircean pragmatism.Annabelle Lever & Clayton Chin - 2017 - Critical Review of International Social and Political Philosophy 22 (4):432-453.
    Does the wide distribution of political power in democracies, relative to other modes of government, result in better decisions? Specifically, do we have any reason to believe that they are better qualitatively – more reasoned, better supported by the available evidence, more deserving of support – than those which have been made by other means? In order to answer this question we examine the recent effort by Talisse and Misak to show that democracy is epistemically justified. Highlighting the strengths and (...)
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  • Democratic epistemology and democratic morality: the appeal and challenges of Peircean pragmatism.Annabelle Lever & Clayton Chin - 2017 - Critical Review of International Social and Political Philosophy 22 (4):432-453.
    Does the wide distribution of political power in democracies, relative to other modes of government, result in better decisions? Specifically, do we have any reason to believe that they are better qualitatively – more reasoned, better supported by the available evidence, more deserving of support – than those which have been made by other means? In order to answer this question we examine the recent effort by Talisse and Misak to show that democracy is epistemically justified. Highlighting the strengths and (...)
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  • Contra politanism.Jacob T. Levy - 2017 - European Journal of Political Theory 19 (2):162-183.
    This article diagnoses and critiques pervasive forms of teleological thought about basic structures of political organization in modern and contemporary political thought: arguments that the sovere...
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  • European citizenship: Towards a european identity? [REVIEW]Percy B. Lehning - 2001 - Law and Philosophy 20 (3):239 - 282.
    Questions of political identity and citizenship, raised by thecreation of the `new Europe', pose new questions that politicaltheorists need to consider. Reflection upon the circumstances ofthe new Europe could help them in their task of delineatingconceptual structures and investigating the character ofpolitical argument.Does it make sense to use concepts as `citizenship' and`identity' beyond the borders of the nation-state? What does itmean when we speak about `European Citizenship' and `EuropeanIdentity'?
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  • Why anarchy still matters for International Relations: On theories and things.Silviya Lechner - 2017 - Journal of International Political Theory 13 (3):341-359.
    The category of anarchy is conventionally associated with the emergence of an autonomous discipline of International Relations. Recently, Donnelly has argued that anarchy has never been central to IR. His criticism targets not just concepts of anarchy but theories of anarchy and thereby expresses an anti-theory ethos tacitly accepted in the discipline. As a form of conceptual atomism, this ethos is hostile to structuralist and normative theories. This article aims to reinstate theoretical holism against conceptual atomism and to defend the (...)
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  • Why There Is Something Rather Than Nothing.Stephen Law - 2007 - Philosophical Review 116 (2):300-303.
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  • Justice in Theory and Practice: Debates about Utopianism and Political Action.Ben Laurence - 2023 - Philosophy Compass 18 (11):e12945.
    This essay provide an overview of debates about the method of political philosophy that have recently gripped the field, focusing on the relationship of theory to practice. These debates can be usefully organized using two oppositions that together carve the field into three broad families of views. Call “practicalism” the view that the theory of justice exists to guide political action. Call “utopianism” the view that reflection on the idea of a just society plays an important role in the theory (...)
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  • Deep Disagreement, Respect, and the Role of Women: Some Room for Development.Stephen E. Lammers - 2005 - American Journal of Bioethics 5 (6):63-64.
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  • A liberal theory of asylum.Andy Lamey - 2012 - Politics, Philosophy and Economics 11 (3):235-257.
    Hannah Arendt argued that refugees pose a major problem for liberalism. Most liberal theorists endorse the idea of human rights. At the same time, liberalism takes the existence of sovereign states for granted. When large numbers of people petition a liberal state for asylum, Arendt argued, these two commitments will come into conflict. An unwavering respect for human rights would mean that no refugee is ever turned away. Being sovereign, however, allows states to control their borders. States supposedly committed to (...)
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  • Responsabilidad, inclusión y gobernanza global: Una crítica de la concepción estatista de los derechos humanos.Cristina Lafont - 2010 - Isegoría 43:407-434.
    En este ensayo analizo algunas dificultades conceptuales asociadas a la exigencia de que las instituciones globales adquieran un grado mayor de legitimidad democrática. En ausencia de un Estado mundial, puede parecer inconsistente exigir que las instituciones globales sean responsables ante todos los que han de acatar sus decisiones y al mismo tiempo insistir en que los miembros de dichas instituciones, en tanto que representantes de sus respectivos Estados, mantengan las responsabilidades especiales que tienen con los ciudadanos de sus propios países. (...)
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  • Neoliberal globalization and the international protection of human rights.Cristina Lafont - 2018 - Constellations 25 (3):315-328.
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  • Defending Democratic Participation Against Shortcuts: a Few Replies to Thomas Christiano.Cristina Lafont - 2020 - Jus Cogens 2 (2):205-214.
    In this essay, I address some questions and challenges brought about by Thomas Christiano in his inspiring review of my book Democracy without Shortcuts. First, I defend the democratic credentials of the conception of self-government that I articulate in the book against conceptions of self-determination that are allegedly compatible with non-democratic government. To do so, I clarify some aspects of the notion of “blind deference” that I use in the book as a contrast concept to identify a minimal, necessary condition (...)
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  • Republicanism and Global Justice.Cécile Laborde - 2010 - European Journal of Political Theory 9 (1):48-69.
    The republican tradition seems to have a blind spot about global justice. It has had little to say about pressing international issues such as world poverty or global inequalities. According to the old, if apocryphal, adage: extra rempublicam nulla justitia. Some may doubt that distributive justice is the primary virtue of republican institutions; and at any rate most would agree that republican values have traditionally been realized in the polis not in the cosmopolis. The article sketches a republican account of (...)
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  • Global Justice without Self-centrism: Tianxia in Dialogue on Mount Uisan.Jun-Hyeok Kwak - 2021 - Dao: A Journal of Comparative Philosophy 20 (2):289-307.
    This article tackles the theories of global justice whose “Chinese-style” cosmopolitanism is espoused by the notion of tianxia 天下. Specifically, I first examine the Chinese-style cosmopolitanism driven by the reinterpretation of tianxia. In doing so, I claim that it retains the very fallacy that can be found in liberal cosmopolitanism in failing to provide us with a regulative principle through which different justifications for justice can be steered toward a democratic deliberation between states. Second, through analyzing Dialogue on Mount Uisan (...)
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  • Non-domination with Nothingness: Supplementing Pettit’s Theory of Democratic Deliberation.Jun-Hyeok Kwak - 2023 - Journal of Social and Political Philosophy 2 (1):60-77.
    Democratic deliberation has an inherent tension between self-government and good government. It grants democratic politics a legitimacy which depends on its responsiveness to the collective opinion of the members of a political community, while it also seeks good decisions, the justification of which adheres to an ideal of right action beyond the opinion of the majority. In this regard, Philip Pettit proposes liberty as non-domination as a regulative ideal that guides democratic deliberation for self-government without jettisoning the ideal of good (...)
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  • The Virtues of Economic Rescue Legislation: Distributive Justice, Civil Law, and the Troubled Asset Relief Program.Henry S. Kuo - 2021 - Moral Philosophy and Politics 8 (1):305-329.
    This study constitutes an ethical analysis through the lens of distributive justice in the case of the Troubled Asset Relief Program (TARP), which was enacted in the midst of the Great Recession of 2007–2009. It begins by engaging with the visions of justice constructed by John Rawls and Robert Nozick, using their insights to locate the injustices of TARP according to their moral imaginations. However, this study argues that Rawls’ and Nozick’s theories of justice primarily envision the nature of law (...)
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  • Repackaging human rights: on the justification and the function of the right to development.Jaakko Kuosmanen - 2015 - Journal of Global Ethics 11 (3):303-320.
    This paper focuses on examining the right to development. More specifically, the paper examines two questions relating to the right to development. The first focuses on the issue of justification: can the right to development that appears in the UN Declaration on the Right to Development be provided an adequate philosophical justification? The second question focuses on the function of the right to development: If the right to development simply ‘repackages’ duties correlative to other existing human rights – as it (...)
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  • Global justice in the shadow of security threats.Yuchun Kuo - 2019 - Critical Review of International Social and Political Philosophy 22 (7):884-905.
    Do a threatened state’s obligations of assistance extend to the enemy’s needy people and the needy people in non-hostile countries equally? This paper examines five arguments defending the political boundary between hostile and non-hostile countries. The aid workers, defence capacity, and pre-emptive self-defence arguments highlight the unreasonable burdens for a threatened state to protect its own citizens, as a result of its assistance to the enemy’s needy people, while the limited and comprehensive negative duties arguments underscore a threatened state’s involvement (...)
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  • The Xinjiang Case and Its Implications from a Business Ethics Perspective.Alexander Kriebitz & Raphael Max - 2020 - Human Rights Review 21 (3):243-265.
    The discourse on economic integration with authoritarian regimes has evolved as a key topic throughout the different disciplines of social sciences. Are sanctions and boycotts effective methods to incentivize human rights improvements? To analyze this question, we focus on the situation in China’s Xinjiang province from 2010 to 2019. In this paper, we discuss the relevance of human rights as an ethical norm within business ethics and international law. We evaluate the ongoing processes in Xinjiang from this perspective and scrutinize (...)
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  • The refugee regime and its weaknesses. Prospects for human rights and Kant’s ethic.Josef Koudelka - 2016 - Human Affairs 26 (3):356-370.
    When governments create refugee policies they consider several factors. There are reasons why admitting refugees could have negative consequences. On the other hand, if the recipient societies have ideals that stress the importance of helping other people, they should act according to their values. The aim of this article is to examine the concept of human dignity and show that European states should admit and help refugees because it is in accordance with their ethical values and the international agreements they (...)
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  • Liberal internationalism and global social justice.Kostas Koukouzelis - 2009 - Journal of Global Ethics 5 (2):97-108.
    Theories of global justice have moved from issues relating to crimes against humanity and war crimes or, furthermore, ?negative duties? with respect to non-citizens, towards problems of distributive justice and global inequality. Thomas Nagel's Storrs Lectures from 2005, exemplifying Rawlsian internationalism, argue that liberal requirements concerning duties of distributive justice apply exclusively within a single nation-state, and do not extend to duties of this nature between rich and poor countries. Nagel even argues that the demand for global equality is not (...)
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  • Agency vulnerability, participation, and the self-determination of indigenous peoples.Stacy J. Kosko - 2013 - Journal of Global Ethics 9 (3):293-310.
    Journal of Global Ethics, Volume 9, Issue 3, Page 293-310, December 2013.
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  • National responsibility, reparations and distributive justice.Kok-Chor Tan - 2008 - Critical Review of International Social and Political Philosophy 11 (4):449-464.
    I argue that an account of national responsibility, as both collective and inheritable, that allows for making sense of holding nations responsible as an entity for past international injustices and to make reparations for these injustices is not at odds with the demands of global egalitarianism. A global distributive commitment does not deny this account of national responsibility; to the contrary, we can properly appreciate the scope of national responsibility only in light of what global justice truly demands. Thus while (...)
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  • Postcolonialism and global justice.Margaret Kohn - 2013 - Journal of Global Ethics 9 (2):187 - 200.
    This paper examines the rhetorical dimension of arguments about global justice. It draws on postcolonial theory, an approach that has explored the relationship between knowledge and power. The global justice literature has elaborated critiques of global inequality and advanced arguments about how to overcome the legacies of domination. These concerns are also shared by critics of colonialism, yet there are also epistemological differences that separate the two scholarly communities. Despite these differences, I argue that bringing the two literatures into conversation (...)
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  • La justification des droits juridictionnels.Daniel Kofman - 2012 - Philosophiques 39 (2):379-392.
    Daniel Kofman | : La littérature philosophique récente concernant les droits juridictionnels suppose qu’on puisse les justifier par une « théorie des droits territoriaux », sans faire appel à une théorie de l’autodétermination. Or les principes d’autodétermination des peuples devraient déterminer les principes des frontières juridictionnelles, et non le contraire. Les « droits territoriaux » sont essentiellement des droits de gouvernance, lesquels découlent eux-mêmes des principes d’autodétermination. Pour défendre ces thèses, je critique les arguments de Brilmayer, Simmons, et Stilz. | (...)
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  • Political order and the individual and the law in the debate on human rights in the 1990s.Andrei Koerner - 2004 - Human Rights Review 5 (3):62-79.
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  • Dreams and Nightmares of Liberal International Law: Capitalist Accumulation, Natural Rights and State Hegemony.Tarik Kochi - 2017 - Law and Critique 28 (1):23-41.
    This article develops a line of theorising the relationship between peace, war and commerce and does so via conceptualising global juridical relations as a site of contestation over questions of economic and social justice. By sketching aspects of a historical interaction between capitalist accumulation, natural rights and state hegemony, the article offers a critical account of the limits of liberal international law, and attempts to recover some ground for thinking about the emancipatory potential of international law more generally.
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  • Moderate Emissions Grandfathering.Carl Knight - 2014 - Environmental Values 23 (5):571-592.
    Emissions grandfathering holds that a history of emissions strengthens an agent’s claim for future emission entitlements. Though grandfathering appears to have been influential in actual emission control frameworks, it is rarely taken seriously by philosophers. This article presents an argument for thinking this an oversight. The core of the argument is that members of countries with higher historical emissions are typically burdened with higher costs when transitioning to a given lower level of emissions. According to several appealing views in political (...)
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  • In Defence of Cosmopolitanism.Carl Knight - 2011 - Theoria: A Journal of Social and Political Theory 58 (129):19-34.
    David Miller has objected to the cosmopolitan argument that it is arbitrary and hence unfair to treat individuals differently on account of things for which they are not responsible. Such a view seems to require, implausibly, that individuals be treated identically even where (unchosen) needs differ. The objection is, however, inapplicable where the focus of cosmopolitan concern is arbitrary disadvantage rather than arbitrary treatment. This 'unfair disadvantage argument' supports a form of global luck egalitarianism. Miller also objects that cosmopolitanism is (...)
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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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  • Health, migration and human rights.Johannes Kniess - 2020 - Critical Review of International Social and Political Philosophy 25 (7):920-938.
    Doctors, nurses and midwifes from developing countries migrate to affluent countries in large numbers, often leaving behind severely understaffed healthcare systems. One way to limit this ‘brain drain’ is to restrict the freedom of movement of healthcare workers. Yet this seems to give rise to a conflict of human rights: on the one hand rights to freedom of movement, on the other hand rights to health. By motivating its own account of human rights, this paper argues that the conflict is (...)
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  • Abandoning the Abandonment Objection: Luck Egalitarian Arguments for Public Insurance.Carl Knight - 2015 - Res Publica 21 (2):119-135.
    Critics of luck egalitarianism have claimed that, far from providing a justification for the public insurance functions of a welfare state as its proponents claim, the view objectionably abandons those who are deemed responsible for their dire straits. This article considers seven arguments that can be made in response to this ‘abandonment objection’. Four of these arguments are found wanting, with a recurrent problem being their reliance on a dubious sufficientarian or quasi-sufficientarian commitment to provide a threshold of goods unconditionally. (...)
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  • Stability: Political and Conception: A Response to Professor Weithman.George Klosko - 2015 - Res Publica 21 (3):265-272.
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  • Rawls, Weithman, and the Stability of Liberal Democracy.George Klosko - 2015 - Res Publica 21 (3):235-249.
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  • Kant's Moral and Political Cosmopolitanism.Pauline Kleingeld - 2016 - Philosophy Compass 11 (1):14-23.
    In this essay, I first outline the contexts in which the idea of cosmopolitanism appears in Kant's moral and political philosophy. I then survey the three main debates regarding his political cosmopolitanism, namely, on the nature of the international federation he advocated, his theory of cosmopolitan right, and his views on colonialism and ‘race’, and I consider the relation between patriotism and cosmopolitanism in Kant's work. I subsequently discuss Kant's moral cosmopolitanism. Kant is widely held to be a defender of (...)
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  • Approaching Perpetual Peace: Kant’s Defence of a League of States and his Ideal of a World Federation.Pauline Kleingeld - 2004 - European Journal of Philosophy 12 (3):304-325.
    There exists a standard view of Kant’s position on global order and this view informs much of current Kantian political theory. This standard view is that Kant advocates a voluntary league of states and rejects the ideal of a federative state of states as dangerous, unrealistic, and conceptually incoherent. This standard interpretation is usually thought to fall victim to three equally standard objections. In this essay, I argue that the standard interpretation is mistaken and that the three standard objections miss (...)
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  • Deliberative Democratic Theory and “the Fact of Disagreement”.Denys Kiryukhin - 2020 - Filosofska Dumka (Philosophical Thought) 5:73-86.
    The development of the theory of deliberative democracy is connected to the completion of two tasks. The first is to combine broad political participation with the rationality of the political process. The second is to ensure the political unity of modern societies, which are characterized by a pluralism of often incompatible values, norms, and lifestyles. Within the framework of this theory, the key democratic procedure is rational deliberation open to all interested parties. The purpose of this procedure is to reach (...)
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  • Why Confucian Meritocrats Must Be Democrats: Contesting Non-political Human Rights.Sungmoon Kim - 2023 - Contemporary Political Theory 22 (3):285-306.
    After a decades-long debate on the compatibility between Confucianism and human rights, Confucian political theorists now seem to generally agree that the fallback theory of rights provides an account of human rights acceptable to both sides of the debate. Interestingly, some Confucian political meritocrats make a distinction between non-political human rights and political rights, and argue that while the former are subject to the fallback theory of rights, the latter are subject to the so-called “service conception” of rights, which authorizes (...)
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  • Hyperpluralism, political liberalism, and Confucian democracy.Sungmoon Kim - 2021 - Philosophical Forum 52 (1):29-40.
    In his recent book, Zhuoyao Li presents one of the most pointed criticisms of Confucian democracy from a political liberal standpoint. Li’s central argument is that liberal democracy, predicated on Rawlsian political liberalism, is the only legitimate form of democracy in East Asia’s pluralist societal context. Li advances his normative argument against Confucian democracy, first by reaffirming Rawls’s public conception of morality, then shifting his point of reference from Rawls to Alessandro Ferrara, and finally, defending a multivariate democracy in East (...)
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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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  • Transnational Feminisms, Nonideal Theory, and “Other” Women’s Power.J. Khader Serene - 2017 - Feminist Philosophy Quarterly 3 (1):1-24.
    Postcolonial and transnational feminists’ calls to recognize “other” women’s agency have seemed to some Western feminists to entail moral quietism about women’s oppression. Here, I offer an antirelativist framing of the transnational feminist critiques, one rooted in a conception of transnational feminisms as a nonideal theoretical enterprise. The Western feminist problem is not simple ethnocentrism, but rather a failure to ask the right types of normative questions, questions relevant to the nonideal context in which transnational feminist praxis occurs. Instead of (...)
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  • Das demokratische Paradox des Flüchtlingsschutzes. Eine pragmatistische Untersuchung demokratischer Erfahrungs- und Lernprozesse.Daniel Kersting - 2019 - Zeitschrift für Praktische Philosophie 6 (2):71-106.
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  • Sociological not political: Rawls and the reconstructive social sciences.Terrence Kelly - 2001 - Philosophy of the Social Sciences 31 (1):3-19.
    Like many critics of Rawls, Habermas believes that the Original Position (OP) implicitly utilizes normative (and unargued for) assumptions. The author defends the OP by arguing that its basic concepts are the product of a rational reconstruction of the everyday know-how, or common sense, employed by citizens in democratic practices. The author identifies this reconstruction in Rawls's work but suggests that while this answers the charge of circularity, it raises the problem of contextual relativism. It is concluded that Rawls can (...)
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  • Against prophecy and utopia: Foucault and the future.Mark G. E. Kelly - 2014 - Thesis Eleven 120 (1):104-118.
    In this essay, I take as a starting point Foucault’s rejection of two different ways of thinking about the future, prophecy and utopianism, and use this rejection as a basis for the elaboration of a more detailed rejection of them, invoking complexity-based epistemic limitations in relation to thinking about the future of political society. I follow Foucault in advocating immanent political struggle, which does not seek to build a determinate vision of the future but rather focuses on negating aspects of (...)
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  • Against Friendship between Countries.Simon Keller - 2009 - Journal of International Political Theory 5 (1):59-74.
    The idea that countries (or nations or peoples) should sometimes be friends is embedded in everyday talk about international relations and receives sophisticated defences in recent works by P. E. Digeser and Catherine Lu. The idea relies upon an analogy between interactions between persons and interactions between countries — an analogy that this article argues to be ontologically and ethically dubious. Persons and countries are very different entities, meriting very different kinds of treatment. The article explores three different relationships between (...)
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  • Reproductive Liberty and Overpopulation.Carol A. Kates - 2004 - Environmental Values 13 (1):51 - 79.
    Despite substantial evidence pointing to a looming Malthusian catastrophe, governmental measures to reduce population have been opposed both by religious conservatives and by many liberals, especially liberal feminists. Liberal critics have claimed that 'utilitarian' population policies violate a 'fundamental right of reproductive liberty'. This essay argues that reproductive liberty should not be considered a fundamental human right, or certainly not an indefeasible right. It should, instead, be strictly regulated by a global agreement designed to reduce population to a sustainable level. (...)
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  • Deliberating about justice: The role of justice in the practical deliberations of states.Joshua J. Kassner - 2011 - Contemporary Political Theory 10 (2):210-231.
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  • Debating global justice with Carr: The crisis of laissez faire and the legitimacy problem in the twenty-first century.Haro L. Karkour - 2021 - Journal of International Political Theory 17 (1):81-98.
    In Carr’s ethics, there is a link between the rise of the socialised nation and the crisis of laissez faire due to its loss of legitimacy among the lesser privileged. How far is this link in Carr’s ethics relevant today? There are two aspects to this relevance – theoretical and empirical. Theoretically, the article argues, Carr’s analysis is relevant to the statist-cosmopolitan debate on global justice. It highlights the political vacuum in which this debate operates in the absence of a (...)
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  • The Irony of Michael Novak.Menno R. Kamminga - 2020 - Philosophia Reformata 86 (1):1-24.
    The late influential American intellectual Michael Novak was a self-declared devotee of Reinhold Niebuhr, arguably the foremost twentieth-century American theologian. Novak’s The Spirit of Democratic Capitalism (1982) was an attempt to fill the political-economic lacuna in Niebuhr’s thought. The present article offers a Niebuhrian irony–focused response to Novak’s democratic capitalism in view of climate change as probably the greatest threat facing humanity. Novak quite successfully extended Niebuhrian ideas into a theology-based vision of democratic capitalism as the only political-economic system effective (...)
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  • What Does the Right to Education Mean? A Look at an International Debate from Legal, Ethical, and Pedagogical Points of View.Gonzalo Jover - 2001 - Studies in Philosophy and Education 20 (3):213-223.
    Working from a concept of politics of education that encompasses legal,ethical and pedagogical levels of analysis, this paper presents theresults of a field work project on the meaning and current state of theright to education with a larger philosophical discourse. Talk ofeducation as a human right presupposes taking part in a horizon ofinterpretation. Projected is a view of person as a subject, i.e., assomeone not only placed in a specific context, but also as someone whois capable of distancing him/herself from (...)
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