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The law of peoples

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

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  1. The Principle of Distinction.Asa Kasher - 2007 - Journal of Military Ethics 6 (2):152-167.
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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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  • Justice and Democracy: Are they Incompatible?Philippe Parijs - 1996 - Journal of Political Philosophy 4 (2):101-117.
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  • The narrow application of Rawls in business ethics: A political conception of both stakeholder theory and the morality of markets.Marc A. Cohen - 2010 - Journal of Business Ethics 97 (4):563-579.
    This paper argues that Rawls’ principles of justice provide a normative foundation for stakeholder theory. The principles articulate (at an abstract level) citizens’ rights; these rights create interests across all aspects of society, including in the space of economic activity; and therefore, stakeholders – as citizens – have legitimate interests in the space of economic activity. This approach to stakeholder theory suggests a political interpretation of Boatright’s Moral Market approach, one that emphasizes the rights/place of citizens. And this approach to (...)
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  • To be or not to be: Charles Beitz on the Philosophy of Human Rights: Charles R. Beitz: The Idea of Human Rights. Oxford University Press, Oxford, 2009, 256 pp.Adam Daniel Etinson - 2010 - Res Publica 16 (4):441-448.
    This is a review article of Charles Beitz's 2009 book on the philosophy of human rights, The Idea of Human Rights. The article provides a charitable overview of the book's main arguments, but also raises some doubts about the depth of the distinction between Beitz's 'practical' approach to humans rights and its 'naturalistic' counterparts.
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  • Justice, authority, and the world order.A. Walton - 2009 - Journal of Global Ethics 5 (3):215 – 230.
    This paper defends the pertinence of global justice in the contemporary world. It accepts, for the sake of argument, Nagel's view that matters of justice arise only when political authority is asserted or exercised and, connectedly, his rejection of the cosmopolitan thesis. However, it challenges his conclusion that considerations of justice do not apply beyond the state. It argues that on any plausible account of the relationship between authority and justice international institutions, such as the World Trade Organisation, are now (...)
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  • On the public use of practical reason. Loosening the grip of neo-kantianism.Jocelyn Maclure - 2006 - Philosophy and Social Criticism 32 (1):37-63.
    A number of phenomena have lent a new complexity to the long-standing challenge of constructing a legitimate and stable political order. I contend that both legitimacy and integration under contemporary conditions ultimately hinge upon a form of public practical reasoning that departs considerably from the ones proposed by John Rawls, Jürgen Habermas and several deliberative democrats. I argue that the generalizability test that constitutes the cornerstone of most contemporary neo-Kantian theories of public reason should be abandoned as a rule of (...)
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  • What makes a basic structure just?Miriam Ronzoni - 2008 - Res Publica 14 (3):203-218.
    In his multi-faceted attack on Rawls’s account of justice, G.A. Cohen has argued that the notion of basic structure is necessarily insensitive to the importance of informal social norms to social justice. The paper argues that the most plausible account of the basic structure is not blind to informal social norms in any meaningful sense. Whereas informal, non-legally coercive institutions are not part of the basic structure as such, their careful consideration is necessary for the assessment of whether the basic (...)
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  • From 'perpetual peace' to 'the law of peoples': Kant, Habermas and Rawls on international relations.Thomas Mertens - 2002 - Kantian Review 6:60-84.
    It is hardly surprising that the two greatest Kantian philosophers of the twentieth century's second half would, at some point of time, reflect and comment on one of the most famous writings of the Königsberg sage, namely on Perpetual Peace: A Philosophical Sketch. Of course, in recent decades, and especially around the celebration of the 200th anniversary of its publication, many commentary articles and books have been published on Kant's little essay, but it makes a difference when Jürgen Habermas and (...)
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  • Obligations beyond national borders: International institutions and distributive justice.Amy E. Eckert - 2008 - Journal of Global Ethics 4 (1):67 – 78.
    Recent scholarship has tied duties of distributive justice to the existence of coercive institutions. This body of work argues that, because the international system lacks institutions that can coerce individuals in the same manner as domestic institutions, there are no international obligations to address relative poverty and inequality. Proponents of this view use it to support the existence of a compatriot preference that requires us to meet the needs of compatriots before meeting those of the global poor. Even supposing distributive (...)
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  • Duties and responsibilities towards the poor.Robert Huseby - 2008 - Res Publica 14 (1):1-18.
    Thomas Pogge has argued that we have strong negative duties to assist the global poor because we harm them through our contribution to the global economic order. I argue that Pogge’s concept of harm is indeterminate. The resources of any group will typically be affected by at least two economic schemes. Pogge suggests that the responsibility for any affected group’s shortfall from a minimum standard ought to be shared between the contributing schemes. I argue that shared responsibility can be interpreted (...)
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  • (1 other version)The Rawlsian theory of international law.Fernando R. Tesón - 1995 - Ethics and International Affairs 9:79–99.
    Teson critiques a recent article by John Rawls in which Rawls extends his acclaimed political theory to include international relations.
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  • Cosmopolitan pacifism.Soran Reader - 2007 - Journal of Global Ethics 3 (1):87 – 103.
    In this paper I argue that cosmopolitanism prohibits war and requires a global approach to criminal justice. My argument proceeds by drawing out some implications of the core cosmopolitan intuition that every human being has a moral status which constrains how they may be treated. In the first part of this paper, I describe cosmopolitanism. In the second part, Cosmopolitanism and War, I analyse violence, consider the standards cosmopolitanism sets for its justification, and argue that war fails to meet them. (...)
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  • International justice and individual self-preservation.Frederick Ochieng'-Odhiambo - 2005 - Journal of Global Ethics 1 (2):99 – 112.
    The article explores the fundamental difference between two aspects of justice: international and global. It is then argued that for the sake of global justice, the difference can be overcome by taking a closer look at the basic human right of self-preservation in relation to moral agency, human well-being and social/distributive justice at both global and national levels. In an endeavour to attain global justice, the article defends an absolute moral right to a human minimum.
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  • Taking rights less seriously: Postmodernism and human rights.Zühtü Arslan - 1999 - Res Publica 5 (2):195-215.
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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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  • Cooperative duties of efficiency and efficacy.Niels de Haan - 2022 - Journal of Global Ethics 18 (3):330-348.
    I argue that agents can have duties to cooperate with one another if this increases their combined efficiency and/or efficacy in addressing ongoing collective moral problems. I call these duties cooperative duties of efficiency and efficacy. I focus particularly on collective agents and how agents ought to reason and act in the face of global moral problems. After setting out my account, I argue that a subset of cooperative duties of efficiency and efficacy of collective agents are duties of justice (...)
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  • Add international courts to The Idea of Human Rights_ and stir … on Beitz’ _The Idea of Human Rights after 10 years.Andreas Follesdal - 2022 - Critical Review of International Social and Political Philosophy 25 (1):66-86.
    These reflections elaborates the theory of The Idea of Human Rights by addressing a topic that theory attempts to bracket: international and regional judicialization in the form of international courts and tribunals. Using the method of reflective equilibrium, the article argues that this exclusion is inconsistent. Including these international courts and tribunals (‘ICs’) prompts several changes to the original theory, and opens new research questions. The original theory is on the one hand too narrow regarding both the objectives and tools (...)
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  • Review article: a liberal theory of collective rights.Mohammed Ben Jelloun - 2020 - Critical Review of International Social and Political Philosophy 26 (6):986-1003.
    Michel Seymour fills an important gap in Rawlsian theory. In fact, his Rawls inspired normative theory of collective rights is unprecedented. Likewise, his ideal theory of a primary right to internal self-determination (ISD) is a welcome contribution to the issue of collective rights. That said, his non-ideal theory – a remedial right only to secession – seems rather toothless in cases of noncompliance. In particular, Seymour leaves us with no guidance in the case of transition countries and situations of tension (...)
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  • Political Moralism and Constitutional Reasoning: A Reply to Bernard Williams.Roni Mann - 2020 - Res Publica 27 (2):235-253.
    Williams’s well-known critique of the ‘moralism’ of liberal political philosophy—its disconnect from political reality—holds special significance for the theory and practice of constitutional adjudication, where calls for ‘realism’ increasingly resound. Is constitutional discourse also guilty of moralism—as Williams himself thought—or might it succeed where political philosophy has failed? This paper reconstructs Williams’s critique of political moralism as one that decries the empty idealism of the philosophical project of abstraction: the quest for general, timeless, and universal principles drains theory of its (...)
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  • (1 other version)Fact of the matter: Rawls, political ideals, and worldview consensus.Jeremy Neill - 2019 - Critical Review of International Social and Political Philosophy 22 (6):725-746.
    In this article, I argue that the fact of reasonable pluralism (FRP) – a famous Rawlsian assumption about the intellectual demographics of liberal democracies – is not as self-evident as is sometimes thought. The problem with the FRP is that in Political Liberalism Rawls is treating the freedoms and burdens story as being sufficient – in itself – to explain the demographics of reasonable pluralism. The inadequacy of the freedoms and burdens story is an indication that the FRP is empirically (...)
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  • (1 other version)Constraining political extremism and legal revolution.Benjamin A. Schupmann - 2020 - Philosophy and Social Criticism 46 (3):249-273.
    Recently, extremist ‘populist’ parties have succeeded in obtaining large enough democratic electoral mandates both to legally make substantive changes to the law and constitution and to legally eliminate avenues to challenge their control over the government. Extremists place committed liberal democrats in an awkward position as they work to legally revolutionize their constitutions and turn them into ‘illiberal democracies’. This article analyses political responses to this problem. It argues that the twin phenomena of legal revolution and illiberal democracy reveal a (...)
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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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  • (1 other version)Global reserve currencies from the perspective of structural global justice: distribution and domination.Lisa Herzog - 2021 - Critical Review of International Social and Political Philosophy 24 (7):931-953.
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  • Fans and Identity.Albert Piacente - 2018 - Sport, Ethics and Philosophy 14 (1):92-105.
    This paper develops an understanding of the nature of sport fans that helps rebut the charge of nihilism leveled against identity anti-essentialism as represented in the work of Butler, Appiah, and...
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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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  • 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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  • Realising International Justice: To Constrain or to Counter-Incentivise?Douglas Bamford - 2014 - Moral Philosophy and Politics 1 (1):127-146.
    This paper presents a rival proposal to that presented by Dietsch and Rixen to ensure international background justice. It explains the notion of background justice and how this is challenged by the lack of international co-operation on taxation policy. It then presents the principles which Dietsch and Rixen propose in order to respond to this concern: the principle of membership and the principle of constraint. The paper proposes alternative principles of relationship and counter-incentive, which are argued to be superior means (...)
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  • Fair trade: global problems and individual responsibilities.Sarah C. Goff - 2018 - Critical Review of International Social and Political Philosophy 21 (4):521-543.
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  • Privacy and Democracy.Paul Voice - 2016 - South African Journal of Philosophy 35 (3):1-9.
    The meaning of privacy has been frequently disputed in the philosophical and -/- legal literature since Warren and Brandeis first argued for it as a distinct and -/- important personal and social value. Nevertheless, while the meaning of privacy -/- is held to be vague, there is general agreement that Warren and Brandeis were -/- correct in their assessment of its value. Theorists of democracy, on the other hand, -/- have been ambivalent towards the realm of the private. This paper (...)
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  • Negotiating the ‘Modern Wilderness of Interests’: Bernard Bosanquet on Cultural Diversity.Colin Tyler - 2002 - Contemporary Political Theory 1 (2):157-180.
    This article argues that, despite its reputation as a homogenising and authoritarian system, the political thought of Bernard Bosanquet contains resources with which to develop a robust and culturally sensitive model of liberal multiculturalism. Throughout the discussion, Bosanquet's thought is located within contemporary theoretical debates. The first section rehearses the critique of Millian liberalism developed by Bhikhu Parekh and others, which alleges that the considerations of individuality and autonomy underlying such a political order preclude it from showing adequate respect for (...)
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  • Is Patriotism an Associative Duty?Margaret Moore - 2009 - The Journal of Ethics 13 (4):383-399.
    Associative duties—duties inherent to some of our relationships—are most commonly discussed in terms of intimate associations such as of families, friends, or lovers. In this essay I ask whether impersonal associations such as state or nation can also give rise to genuinely associative duties, i.e., duties of patriotism or nationalism. I distinguish between the two in terms of their objects: the object of patriotism is an institutionalized political community, whereas the object of nationalism is a group of people who share (...)
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  • Self-Determination and Resource Rights: In Defence of Territorial Jurisdiction Over Natural Resources.Ayelet Banai - 2016 - Res Publica 22 (1):9-20.
    Is territorial jurisdiction over natural resources justified? This paper argues that a freedom-based account of self-determination coupled with ‘functionalist’ justifications of territorial right support territorial jurisdiction over natural resources. This justification simultaneously gives rise to limits on the permissible exercise of the right: the principles of reciprocity and generality, and of equal freedom. This ‘reciprocal’ view on territorial jurisdiction over natural resources, defended here, differs from two alternatives: the traditional sovereignty view on the one hand and the transnational jurisdiction view—which (...)
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  • Human Rights Without Political Participation?Walter J. Riker - 2014 - Human Rights Review 15 (4):369-390.
    John Rawls claims that “benevolent absolutisms” honor human rights without honoring political participation rights. Critics argue that he is mistaken. One objection appeals to the instrumental value of political participation rights. This objection holds that without political participation rights, individuals cannot secure the content of their rights against encroachment. Given this, individuals without political participation rights cannot be said to have rights at all. Here, I evaluate this instrumental objection. I identify three ways of relating political participation rights to human (...)
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  • The political value of languages.Rainer Bauböck - 2015 - Critical Review of International Social and Political Philosophy 18 (2):212-223.
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  • (1 other version)Complimenting rivals: Foucault, Rawls and the problem of public reasoning.Mark Redhead - 2016 - Philosophy and Social Criticism 42 (6):526-548.
    This article pursues two questions: Can one use Foucault’s later writings on parrhesia and Kant to create a Foucaldian approach to public reason? If so, what lessons might those attracted to John Rawls’ well-known model of public reason draw from a Foucaldian orientation? By putting Foucault into a competitive yet productive relationship with Rawls, this article addresses some of the latter’s shortcomings. In doing so it also makes a larger argument about the need to develop approaches to democratic deliberation that (...)
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  • Global ethics and human responsibility: challenges for the theory and the discipline.Rafał Wonicki - 2014 - Journal of Global Ethics 10 (3):261-266.
    The aim of this article is to identify the main challenges for global ethics as an academic discipline. This article assesses the moral and practical justifications for common global principles. Individual and institutional responsibility on the supranational level is connected with the standard of human rights and the relational aspects of the globalised world. It also points out two separate problems which global ethics should aim to solve. The first is metatheoretical and methodological and concerns the discipline's lack of self-reflexiveness. (...)
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  • The Rational Agent or the Relational Agent: Moving from Freedom to Justice in Migration Systems Ethics.Tisha M. Rajendra - 2015 - Ethical Theory and Moral Practice 18 (2):355-369.
    Most accounts of immigration ethics implicitly rely upon neoclassical migration theory, which understands migration as the result of poverty and unemployment in sending countries. This paper argues that neoclassical migration theory assumes an account of the human person as solely an autonomous rational agent which then leads to ethics of migration which overemphasize freedom and self-determination. This tendency to assume that migration works as neoclassical migration theory describes is shared by political philosophers, such as Joseph Carens, Michael Walzer, and David (...)
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  • Nationalist Criticisms of Cosmopolitan Justice.András Miklós - 2009 - Public Reason 1 (1):105-124.
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  • (1 other version)Assembling Realistic Utopias: New Paths in the Global Justice Debate.Christoph Broszies - 2010 - Journal of International Political Theory 6 (2):217-230.
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  • Tackling invisible frontiers of global justice: an extension of Sen’s ‘Comparison View of Justice’ into IR.Antje Wiener - 2013 - Critical Review of International Social and Political Philosophy 16 (2):249-265.
    A central challenge of Amartya Sen’s comparative view of justice is to bring cultural diversity to bear on conceptualizing global justice, which includes building bridges across cultures that enable effective action, and rendering compatible the most beneficent of Rawlsian (or transcendental) intentions with irreducible cultural diversity. For social scientists meeting this challenge requires, first, taking account of variation of social practices in the social construction of meaning, and second, uncovering invisible frontiers of global justice that remain hidden due to conceptual (...)
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  • The Priority of Legitimacy in Times of Political Transition.Michael Buckley - 2013 - Human Rights Review 14 (4):327-345.
    This paper interprets the relation between justice and legitimacy found in John Rawls's Political Liberalism and then applies it to the field of transitional justice. The author argues that transitional mechanisms can be better defended in terms of “legitimacy” than in “justice,” because the circumstances of transitional justice admit of reasonable disagreement over “just” public policy. In such circumstances, policy recommendations can always be construed as falling short of justice, thus raising plausible concerns over their normative justification. This paper attempts (...)
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  • Human Rights and Toleration in Rawls.Mitch Avila - 2011 - Human Rights Review 12 (1):1-14.
    In a Society of Peoples as Rawls conceives it, human rights function as “criteria for toleration.” This paper defends the conception of human rights that appears in Rawls’ The Law of Peoples as normatively and theoretically adequate. I claim that human rights function as criteria for determining whether or not a given society or legal system can be tolerated. As such, “human rights” are not themselves basic facts or judgments or ascriptions, but rather the means by which we collectively attempt (...)
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  • Ecosystem Services and Distributive Justice: Considering Access Rights to Ecosystem Services in Theories of Distributive Justice.Stefanie Sievers-Glotzbach - 2013 - Ethics, Policy and Environment 16 (2):162-176.
    As the increasing loss of ecosystem services severely affects life perspectives of today's poor and future populations, governing access to, and use of, ecosystem services in an intragenerational and intergenerational just way is an urgent issue. The author argues that theories of distributive justice should consider the distribution of access rights to ecosystem services. Three specific demands that a theory of distributive justice should fulfill to adequately cope with the distribution of access rights to ecosystem services, and show that Rawls??A (...)
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  • The necessary connection between internal and external state legitimacy: concerns regarding intervention.Ryan Philip Mott - 2013 - Journal of Global Ethics 9 (1):1-22.
    It has been traditional in political philosophy to take internal and external state legitimacy as resting on distinct criteria. However, this is a view that is currently being challenged. Assuming that internal and external legitimacy rely on the same criterion, a possible worry that arises is that an unacceptable amount of intervention will necessarily become justifiable. I argue that such worries are not significant and that they do not rule out this alternative to the traditional view.
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  • A Politically Liberal Conception of Civic Education.Barry L. Bull - 2008 - Studies in Philosophy and Education 27 (6):449-460.
    Liberal political theory is widely believed to be an inadequate source of civic commitment and thus of civic education primarily because of its commitment to what is perceived as a pervasive individualism. In this paper, I explore the possibility that John Rawls’s later political philosophy may provide a response to this belief. I first articulate a conception of liberal politics derived from Rawls’s idea of reflective equilibrium that generates an overlapping consensus about political principles among those who hold a wide (...)
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  • Rawls, reasonableness, and international toleration.Thomas Porter - 2012 - Politics, Philosophy and Economics 11 (4):382-414.
    Rawls’s account of international toleration in The Law of Peoples has been the subject of vigorous critiques by critics who believe that he unacceptably dilutes the principles of his Law of Peoples in order to accommodate non-liberal societies. One important component in these critiques takes issue specifically with Rawls’s inclusion of certain non-liberal societies (‘decent peoples’) in the constituency of justification for the Law of Peoples. In Rawls’s defence, I argue that the explanation for the inclusion of decent peoples in (...)
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  • (1 other version)What Is Realistic Political Philosophy?David Runciman - 2012 - Metaphilosophy 43 (1-2):58-70.
    In the study of politics, Cambridge is sometimes associated with a school of political philosophical “realism.” This article discusses what realism in political philosophy might mean, by examining first what might count as “unrealistic” political philosophy (looking at Sidgwick and Rawls), and then some recent attempts to identify a more realistic philosophical approach to politics. It argues that realistic political philosophy tends to emerge as a thin account of politics that falls between the stools of either more philosophical (i.e., more (...)
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  • Schools as Ethical or Schools as Political? Habermas Between Dewey and Rawls.James Scott Johnston - 2011 - Studies in Philosophy and Education 31 (2):109-122.
    Education is oftentimes understood as a deeply ethical practice for the development of the person. Alternatively, education is construed as a state-enforced apparatus for inculcation of specific codes, conventions, beliefs, and norms about social and political practices. Though holding both of these beliefs about education is not necessarily mutually contradictory, a definite tension emerges when one attempts to articulate a cogent theory involving both. I will argue in this paper that Habermas’s theory of discourse ethics, when combined with his statements (...)
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  • Human Rights: The Normative Engine of Fairness and Research in Developing Countries.John McMillan - 2010 - American Journal of Bioethics 10 (6):47-49.
    (2010). Human Rights: The Normative Engine of Fairness and Research in Developing Countries. The American Journal of Bioethics: Vol. 10, No. 6, pp. 47-49.
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