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The Law of Peoples

Philosophical Quarterly 51 (203):246-253 (2001)

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  1. Global Justice and International Business.Denis G. Arnold - 2013 - Business Ethics Quarterly 23 (1):125-143.
    ABSTRACT:Little theoretical attention has been paid to the question of what obligations corporations and other business enterprises have to the four billion people living at the base of the global economic pyramid. This article makes several theoretical contributions to this topic. First, it is argued that corporations are properly understood as agents of global justice. Second, the legitimacy of global governance institutions and the legitimacy of corporations and other business enterprises are distinguished. Third, it is argued that a deliberative democracy (...)
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  • Domestic institutions, growth and global justice.Chris Armstrong - 2023 - European Journal of Political Theory 22 (1):4-25.
    According to one prominent theory of development, a country’s wealth is primarily explained by the quality of its institutions. Leaning on that view, several political theorists have defended two normative conclusions. The first is that we have no reason for concern, from the point of view of justice, if some countries have greater natural resource endowments than others. The second is that proposals for redistribution across borders are likely to be superfluous. Advocates of global redistribution have not yet grappled with (...)
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  • Globalization and the Need for Universal Ethics.Karl-Otto Apel - 2000 - European Journal of Social Theory 3 (2):137-155.
    In this article the author tries to give an answer - from the point of view of the transcendental pragmatic foundation of discourse ethics - to the title question, which was raised by the Unesco conferences entitled `Universal Ethics' in Paris (27 March 1997) and Naples (December 1997). The article should be understood as a supplement to the empiristic-comparative responses of S. Bok and H. Küng, and especially to the communitarian approach of M. Walzer, proposed at the first conference. Unlike (...)
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  • Self‐Determination And Sovereignty over Natural Resources.Oliviero Angeli - 2016 - Ratio Juris:290-304.
    This article makes the normative case for a differentiated approach to the sovereignty of states over natural resources. In the first half of the article, drawing on the example of the Yasuní-ITT-Initiative, I will argue that countries commit a moral wrong when they exploit natural resources for their own benefit, but that they have the moral right to do so given the current structure of the international system. In the second half of the article, I address the question of whether (...)
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  • Global Luck Egalitarianism and Border Control.Kim Angell & Robert Huseby - 2019 - Ratio Juris 32 (2):177-192.
    This paper discusses what implications global luck egalitarianism (GLE) has for border control. Some authors suggest that an open‐borders policy follows from GLE. The idea is that various unchosen inequalities inevitably follow from differences in birthplace, such that GLE will always have principled reason to condemn closed borders. Others are skeptical of the assumption that GLE will have liberal implications for border control, because open borders may have other, adverse effects that outweigh the reductions in unjust inequality. Against such skeptics, (...)
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  • Decent Democratic Centralism.Stephen C. Angle - 2005 - Political Theory 33 (4):518-546.
    Are there any coherent and defensible alternatives to liberal democracy? The author examines the possibility that a reformed democratic centralism-the principle around which China's current polity is officially organized-might be legitimate, according to both an inside and an outside perspective. The inside perspective builds on contemporary Chinese political theory; the outside perspective critically deploys Rawls's notion ofa "decent society " as its standard. Along the way, the author pays particular attention to the kinds and degree of pluralism a decent society (...)
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  • Coping with Doping.J. Angelo Corlett, Vincent Brown & Kiersten Kirkland - 2013 - Journal of the Philosophy of Sport 40 (1):41-64.
    We provide a new wrinkle to the Argument from Unfair Advantage, a rather popular one in the ethics of doping in sports discussions. But we add a new argument that we believe places the moral burden on those who favor doping in sports. We also defend our position against some important concerns that might be raised against it. In the end, we argue that for the time being, doping in sports ought to be banned until it can be demonstrated that (...)
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  • De grenzen van het denken van Nussbaum.Christophe Andrades - 2007 - Krisis 8 (2):82-88.
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  • The Fact of Unreasonable Pluralism.Aaron Ancell - 2019 - Journal of the American Philosophical Association 5 (4):410-428.
    Proponents of political liberalism standardly assume that the citizens of an ideal liberal society would be overwhelmingly reasonable. I argue that this assumption violates political liberalism's own constraints of realism—constraints that are necessary to frame the central problem that political liberalism aims to solve, that is, the problem of reasonable pluralism. To be consistent with these constraints, political liberalism must recognize that, as with reasonable pluralism, widespread support for unreasonable moral and political views is an inevitable feature of any liberal (...)
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  • Kant y Rawls a la luz del ius ad bellum: razones para un debate en torno al cosmopolitismo.Aitor Díaz Anabitarte & Manel Rincón González - 2022 - Isegoría 66:07-07.
    In order to clarify whether Rawls is more or less cosmopolitan than Kant, we carry out a comparative analysis between his general proposals for the organization of international relations. Likewise, seeking to clarify the distance between cosmopolitanism, pacifism and ius internationalism, the ius ad bellum proposals of both authors are particularly analyzed in the war-and-peace debate context. On the one hand, as a result of the first analysis, different commonly unnoticed logical coincidences between the postulates of Kant and Rawls are (...)
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  • Between Aristotle and the welfare state: The establishment, enforcement, and transformation of the moral economy in Karl Polanyi's the great transformation.Sener Akturk - 2006 - Theoria 53 (109):100-122.
    William Booth's 'On the Idea of the Moral Economy' (1994) is a scathing critique of the economic historians labelled as 'moral economists', chief among them Karl Polanyi, whose The Great Transformation is the groundwork for much of the later theorizing on the subject. The most devastating of Booth's criticisms is the allegation that Polanyi's normative prescriptions have anti-democratic, Aristotelian and aristocratic undertones for being guided by a preconceived notion of 'the good'. This article presents an attempt to rescue Polanyi from (...)
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  • Public reason and the normativity of the reasonable.Alessandro Ferrara - 2004 - Philosophy and Social Criticism 30 (5-6):579-596.
    The main purpose of the paper is to contribute to reconstructing the kind of normativity underlying Rawls’s notion of public reason and of the reasonable. The implicit target is the somewhat popular view according to which the transition from the framework of A Theory of Justice to that of Political Liberalism would entail a loss of normativity. On the contrary, the related ideas of public reason and the reasonable are argued to presuppose a notion of normativity – linked with judgment (...)
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  • Material scarcity and scalar justice.Matthew Adams & Ross Mittiga - 2020 - Philosophical Studies 178 (7):2237-2256.
    We defend a scalar theory of the relationship between material scarcity and justice. As scarcity increases beyond a specified threshold, we argue that deontological egalitarian constraints should be gradually relaxed and consequentialist considerations should increasingly determine distributions. We construct this theory by taking a bottom-up approach that is guided by principles of medical triage. Armed with this theory, we consider the range of conditions under which justice applies. We argue that there are compelling reasons for thinking that justice applies under (...)
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  • Epistemic Limitations & the Social-Guiding Function of Justice.Matthew R. Adams - forthcoming - Journal of Moral Philosophy:1-28.
    The contemporary methodological debate about justice has centered around a dispute about the value of so-called ideal theory. I argue that justice performs a social-guiding function, which explains how people should respond to their limited and fallible abilities to realize justice institutionally. My argument helps to re-orientate the contemporary methodological debate. The obvious disagreement between many prominent supporters and skeptics of ideal theory obscures the fact that they are united by a false assumption: the practical value of justice exclusively consists (...)
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  • An ideology critique of nonideal methodology.Matthew Adams - 2021 - European Journal of Political Theory 20 (4).
    Ideal theory has been extensively contested on the grounds that it is ideology: namely, that it performs the distorting social role of reifying and enforcing unjust features of the status quo. Indeed, a growing number of philosophers adopt a nonideal methodology—which dispenses with ideal theory—because of this ideology critique. I argue, however, that such philosophers are confused about the ultimate dialectical upshot of this critique even if it succeeds. I do so by constructing a parallel—equally plausible—ideology critique of nonideal methodology; (...)
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  • Deliberative Democratic Theory for Building Global Civil Society: Designing a Virtual Community of Activists.Brooke A. Ackerly - 2006 - Contemporary Political Theory 5 (2):113-141.
    The questions of this article are: what can we learn from deliberative democratic theory, its critics, the practices of local deliberative communities, the needs of potential participants, and the experiences of virtual communities that would be useful in designing a technology-facilitated institution for global civil society that is deliberative and democratic in its values? And what is the appropriate design of such an online institution so that it will be attentive to the undemocratic forces enabled by power inequalities that can (...)
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  • Crimes beyond justice? Retributivism and war crimes.Aaron Fichtelberg - 2005 - Criminal Justice Ethics 24 (1):31-46.
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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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  • Un monde à tous et à personne.Blanca Navarro Pardinas & Luc Vigneault - 2021 - Les Presses de l’Université de Laval.
    «Je propose ici de comprendre cette nouvelle constellation du monde global comme la dialectique entre le tous et le personne pour expliquer ce que je désignerai, de façon métaphorique, le retour de la piraterie dans cette nouvelle ère de la globalisation.» - Daniel Innerarity.
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  • Applying Different Concepts and Conceptions of Legitimacy to the International Level: Service, Free Group Agents, and Autonomy.Antoinette Scherz - 2023 - Moral Philosophy and Politics (1):63-85.
    International institutions are facing increasing criticism of the legitimacy of their authority. But what does it mean for an international institution to be legitimate? Arthur Applbaum’s latest book provides a convincing new concept of legitimacy, namely, the power-liability view, and a new normative conception, the free group agent account. However, it is not clear how they can be applied to the international level. First, this paper examines how different concepts of legitimacy can be applied to international institutions. Second, it assesses (...)
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  • Democratic Duty and the Moral Dilemmas of Soldiers.Cheyney Ryan - 2011 - Ethics 122 (1):10-42.
    This article explores the personal responsibility of soldiers for fighting in unjust wars. Its reference point is the position developed by Jeff McMahan in his recent Killing in War. I claim that McMahan fails to give sufficient importance to institutional justifications on this matter. I argue for this by developing what I call the argument to democratic duty, which I claim embodies much current thinking about the obligations of soldiers in a democratic culture. The upshot of my argument is that (...)
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  • Rawls, Islam, and political constructivism: Some questions for Tampio.Andrew Valls - 2012 - Contemporary Political Theory 11 (3):324-330.
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  • Freedom, recognition and non-domination: a republican theory of (global) justice.Fabian Schuppert (ed.) - 2014 - New York: Springer.
    This book offers an original account of a distinctly republican theory of social and global justice. The book starts by exploring the nature and value of Hegelian recognition theory. It shows the importance of that theory for grounding a normative account of free and autonomous agency. It is this normative account of free agency which provides the groundwork for a republican conception of social and global justice, based on the core-ideas of freedom as non-domination and autonomy as non-alienation. As the (...)
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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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  • Deconstructive constitutionalism: Derrida reading Kant.Jacques De Ville - 2023 - Albany, NY: State University of New York Press.
    Investigates, by way of Derrida's engagements with Kant, how the foundations of modern constitutionalism can be differently conceived to address some of the challenges of the twenty-first century.
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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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  • Public Reason and Moral Compromise.Andrew Lister - 2007 - Canadian Journal of Philosophy 37 (1):1-34.
    One source of controversy surrounding John Rawls's later work — a source of both criticism and praise — has been the impression that he abandoned the philosophical project of figuring out what is truly just, in favour of the political project of working out a feasible consensus for people from a particular political tradition. One aspect of this controversy is the question of whether Rawls could advance his theory as being worthy of endorsement on the basis of good reasons without (...)
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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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  • What If They Were Humans? Non-Ideal Theory in the Shelter.François Jaquet - 2023 - In Valéry Giroux, Angie Pepper & Kristin Voigt (eds.), The Ethics of Animal Shelters. New York, US: Oxford University Press.
    Our societies are marked by anthropocentrism: most people treat animals in ways in which they would by no means treat fellow humans. One might nonetheless expect this prejudice to be much less prevalent in animal shelters since these places are created for the very sake of non-humans and generally managed by people who truly care about animal welfare. This chapter questions this expectation. It discusses three practices that are widespread in animal shelters and yet could be suspected of anthropocentrism: killing (...)
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  • Collectivizing Public Reason.Lars J. K. Moen - 2024 - Social Theory and Practice 50 (2):285–306.
    Public reason liberals expect individuals to have justificatory reasons for their views of certain political issues. This paper considers how groups can, and whether they should, give collective public reasons for their political decisions. A problem is that aggregating individuals’ consistent judgments on reasons and a decision can produce inconsistent collective judgments. The group will then fail to give a reason for its decision. The paper considers various solutions to this problem and defends a deliberative procedure by showing how it (...)
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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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  • 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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  • International Migration and Human Rights.Luara Ferracioli - 2018 - In Ferracioli Luara (ed.), Oxford Handbook of International Political Theory. Oxford University Press.
    In this chapter, I bring non-ideal theory to bear on the ethics of immigration. In particular, I explore what the obligations of liberal states would be if they were to attempt to implement migration arrangements that conform to liberal-cosmopolitan principles. I argue that some of the obligations states have are feasibility-insensitive, while some are feasibility-sensitive. I show that such obligations can have as their content both the inclusion and exclusion of prospective immigrants, and that they can be grounded in the (...)
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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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  • Intergenerational justice.Lukas Meyer - 2008 - Stanford Encyclopedia of Philosophy.
    Is it fair to leave the next generation a public debt? Is it defensible to impose legal rules on them through constitutional constraints? From combating climate change to ensuring proper funding for future pensions, concerns about ethics between generations are everywhere. In this volume sixteen philosophers explore intergenerational justice. Part One examines the ways in which various theories of justice look at the matter. These include libertarian, Rawlsian, sufficientarian, contractarian, communitarian, Marxian and reciprocity-based approaches. In Part Two, the authors look (...)
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  • Why Strict Compliance?Simon Căbulea May - 2021 - In David Sobel, Steven Wall & Peter Vallentyne (eds.), Oxford Studies in Political Philosophy Volume 7. Oxford University Press. pp. 227-264.
    I present an interpretation of ideal theory that is grounded in the idea of society as a fair scheme of cooperation, which Rawls describes as the most fundamental idea of justice as fairness. A key element of the Rawlsian idea of cooperation, I claim, is that the individual participants of a genuinely cooperative scheme—whatever its scale—are morally accountable to each other for complying with the scheme’s rules. This means that each participant has the moral standing to demand of the others (...)
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  • Thinking About Justice: A Traditional Philosophical Framework.Simon Rippon, Miklos Zala, Tom Theuns, Sem de Maagt & Bert van den Brink - 2020 - In Trudie Knijn & Dorota Lepianka (eds.), Justice and Vulnerability in Europe: An Interdisciplinary Approach. Northampton: Edward Elgar Publishing Ltd. pp. 16-36.
    This chapter describes a philosophical approach to theorizing justice, mapping out some main strands of the tradition leading up to contemporary political philosophy. We first briefly discuss what distinguishes a philosophical approach to justice from other possible approaches to justice, by explaining the normative focus of philosophical theories of justice – that is, a focus on questions not about how things actually are, but about how things ought to be. Next, we explain what sorts of methods philosophers use to justify (...)
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  • Toleration.Andrew Jason Cohen - 2022 - In Hugh LaFollette (ed.), International Encyclopedia of Ethics. Wiley. pp. 5150-5160.
    Contemporary philosophical debates surrounding toleration have revolved around three issues: What is toleration? Should we tolerate and, if so, why? What should be tolerated? These questions are of central importance to social and political thought.
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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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  • Bioethics Education and Nonideal Theory.Nabina Liebow & Kelso Cratsley - 2021 - In Elizabeth Victor & Laura K. Guidry-Grimes (eds.), Applying Nonideal Theory to Bioethics: Living and Dying in a Nonideal World. New York: Springer. pp. 119-142.
    Bioethics has increasingly become a standard part of medical school education and the training of healthcare professionals more generally. This is a promising development, as it has the potential to help future practitioners become more attentive to moral concerns and, perhaps, better moral reasoners. At the same time, there is growing recognition within bioethics that nonideal theory can play an important role in formulating normative recommendations. In this chapter we discuss what this shift toward nonideal theory means for ethical curricula (...)
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  • The Volcanic Asymmetry or the Question of Permanent Sovereignty over Natural Disasters†.Alejandra Mancilla - 2014 - Journal of Political Philosophy 23 (2):192-212.
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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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  • Argumenty a klimatické zmeny (Arguments and Climate Changes).Vladimir Marko - 2022 - Bratislava: Univerzita Komenského.
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  • Educating the Reasonable: Political Liberalism and Public Education.Frodo Podschwadek - 2021 - Springer.
    Offering the first developed account of political liberal education, this book combines a thorough analysis of the theoretical groundwork of political liberal education with application-oriented approaches to contemporary educational challenges. Following in depth engagement with the shortcomings of Rawls’ theory and addressing some key objections to neutrality-based restrictions in education, the volume moves on to provide an insightful discussion of topics such as same-sex relations in sex-education, the position of migrant children and the rights of religious parents to determine the (...)
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  • Human Flourishing and Universal Justice.Thomas W. Pogge - 1999 - Social Philosophy and Policy 16 (1):333-361.
    The question of what constitutes human flourishing elicits an extraordinary variety of responses, which suggests that there are not merely differences of opinion at work, but also different understandings of the question itself. So it may help to introduce some clarity into the question before starting work on one answer to it.
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