Switch to: References

Citations of:

The law of peoples

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

Add citations

You must login to add citations.
  1. L'intervention humanitaire peut-elle être conçue comme un «devoir parfait»?Stéphane Courtois - 2008 - Dialogue 47 (2):291-310.
    This article examines the claim recently put forward by Terry Nardin, Kok-Chor Tan, and Carla Bagnoli that humanitarian intervention ought to be conceived, not as an imperfect duty (a duty of assistance to the victims of crimes against humanity left to the discretion of the members of the international community), but—assuming that the permissibility conditions have been satisfied—as a perfect duty (an unconditional obligation demanded by justice). After explaining why such a position can be considered as legitimate, it underlines some (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Citizens in appropriate numbers: evaluating five claims about justice and population size.Tim Meijers - 2017 - Canadian Journal of Philosophy 47 (2-3):246-268.
    While different worries about population size are present in public debates, political philosophers often take population size as given. This paper is an attempt to formulate a Rawlsian liberal egalitarian approach to population size: does it make sense to speak of ‘too few’ or ‘too many’ people from the point of view of justice? It argues that, drawing on key features of liberal egalitarian theory, several clear constraints on demographic developments – to the extent that they are under our control (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • The politics of religious freedom.Jon Mahoney - 2017 - Philosophy and Social Criticism 43 (6):551-570.
    The aim of this article is to consider the prospects of a liberal conception of religious freedom in some Muslim-majority states. Part I offers a brief sketch of three approaches to religious freedom that inform my view. Part II then presents a liberal framework for religious toleration that draws ideas from Rainer Forst’s Toleration in Conflict, as well as some perennial themes in classical liberal thought. I briefly examine three case studies in Part III: the Turkish Republic; the Arab Spring (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • Fair trade: global problems and individual responsibilities.Sarah C. Goff - 2018 - Critical Review of International Social and Political Philosophy 21 (4):521-543.
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Responsible Innovation for Decent Nonliberal Peoples: A Dilemma?Pak-Hang Wong - 2016 - Journal of Responsible Innovation 3 (2):154-168.
    It is hard to disagree with the idea of responsible innovation (henceforth, RI), as it enables policy-makers, scientists, technology developers, and the public to better understand and respond to the social, ethical, and policy challenges raised by new and emerging technologies. RI has gained prominence in policy agenda in Europe and the United States over the last few years. And, along with its rising importance in policy-making, there is also a burgeoning research literature on the topic. Given the historical context (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  • Political Legitimacy.Anthony M. Musonda - unknown
    Download  
     
    Export citation  
     
    Bookmark  
  • Competing methods of territorial control, migration and justice.Christopher Bertram - 2014 - Critical Review of International Social and Political Philosophy 17 (1):129-143.
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  • The problem of past emissions and intergenerational debts.Göran Duus-Otterström - 2014 - Critical Review of International Social and Political Philosophy 17 (4):448-469.
    Download  
     
    Export citation  
     
    Bookmark   13 citations  
  • In defense of the duty to assist: a response to critics on the viability of a Rawlsian approach to climate change.Sarah Kenehan - 2015 - Critical Review of International Social and Political Philosophy 18 (3):308-327.
    Download  
     
    Export citation  
     
    Bookmark  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • The Harmful and Residual Effects on Civilians by Bombing Dual-purpose Facilities.Todd Burkhardt - 2016 - Journal of Military Ethics 15 (2):81-99.
    ABSTRACTThis article addresses what we owe to the civilians of a state with which we are militarily engaged. The old notion of noncombatant immunity needs to be rethought within the context of both human rights and into the postwar phase. No doubt, civilians will be killed in war. However, much more can be done during and after the fighting to protect civilians’ basic human rights from the ills of war. I argue for making belligerents accountable ex post by requiring them (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Extreme Cosmopolitanisms Defended.Richard J. Arneson - 2016 - Critical Review of International Social and Political Philosophy 19 (5):555-573.
    Some theorists hold that there is no serious, significant issue concerning cosmopolitanism. They hold that cosmopolitanism is either the anodyne doctrine that we have some duties to distant strangers merely on the ground of shared humanity or the absurd doctrine that we have no special moral duties based on special-ties such as those of friendship, family, and national community. This essay argues against this deflationary position by defending (1) a very extreme cosmopolitan doctrine that denies special-tie moral duties altogether and (...)
    Download  
     
    Export citation  
     
    Bookmark   15 citations  
  • Human rights and the rights of states: a relational account.Ariel Zylberman - 2016 - Canadian Journal of Philosophy 46 (3):291-317.
    What is the relationship between human rights and the rights of states? Roughly, while cosmopolitans insist that international morality must regard as basic the interests of individuals, statists maintain that the state is of fundamental moral significance. This article defends a relational version of statism. Human rights are ultimately grounded in a relational norm of reciprocal independence and set limits to the exercise of public authority, but, contra the cosmopolitan, the state is of fundamental moral significance. A relational account promises (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • A Brief Sketch of the Possibility of a Hegelian Cosmopolitanism.David Edward Rose - 2016 - Critical Horizons 17 (1):40-52.
    The following paper investigates the possibility of an account of cosmopolitan thought inspired by Hegel's treatment of Kant's ethical theory and his associated social concept of recognition. Cosmopolitanism requires the agent to recognize themself as a global agent participating in a shared community, but conventional political strategies do not possess the resources to satisfy this demand for self-understanding. Such a self-understanding is enabled by the objective freedom of a common shared humanity grounded in rational self-determination. The paper shows that it (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Lifting the Burden of Women's Care Work: Should Robots Replace the “Human Touch”?Jennifer A. Parks - 2010 - Hypatia 25 (1):100-120.
    This paper treats the political and ethical issues associated with the new caretaking technologies. Given the number of feminists who have raised serious concerns about the future of care work in the United States, and who have been critical of the degree to which society “free rides” on women's caretaking labor, I consider whether technology may provide a solution to this problem. Certainly, if we can create machines and robots to take on particular tasks, we may lighten the care burden (...)
    Download  
     
    Export citation  
     
    Bookmark   19 citations  
  • Care Ethics and Dependence—Rethinking Jus Post Bellum.Sigal Ben-Porath - 2008 - Hypatia 23 (2):61-71.
    In this essay, Ben-Porath begins from the assumption that just war theory should be extended to include a jus post bellum component. Postwar conduct should be significantly informed by a care ethics perspective, particularly its political aspects as developed by Joan Tronto and others. Care ethics should be extended to the international postwar arena with one significant amendment, namely, weakening the aim of ending dependence.
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • The Opposition of Politics and War.Bat-ami Bar On - 2008 - Hypatia 23 (2):141-154.
    At stake for this essay is the distinction between politics and war and the extent to which politics can survive war. Gender analysis reveals how high these stakes are by revealing the complexity of militarism. It also reveals the impossibility of gender identity as foundation for a more robust politics with respect to war. Instead, a non-ideal normative differentiation among kinds of violence is affirmed as that which politically cannot not be wanted.
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • The Opposition of Politics and War.Bat-Ami Bar On - 2008 - Hypatia 23 (2):141-154.
    Download  
     
    Export citation  
     
    Bookmark  
  • Care Ethics and Dependence— Rethinking Jus Post Bellum.Sigal Ben-Porath - 2008 - Hypatia 23 (2):61-71.
    In this essay, Ben-Porath begins from the assumption that just war theory should be extended to include a jus post bellum component. Postwar conduct should be significantly informed by a care ethics perspective, particularly its political aspects as developed by Joan Tronto and others. Care ethics should be extended to the international postwar arena with one significant amendment, namely, weakening the aim of ending dependence.
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  • The Right to Language.Tom Humphries, Raja Kushalnagar, Gaurav Mathur, Donna Jo Napoli, Carol Padden, Christian Rathmann & Scott Smith - 2013 - Journal of Law, Medicine and Ethics 41 (4):872-884.
    We argue for the existence of a state constitutional legal right to language. Our purpose here is to develop a legal framework for protecting the civil rights of the deaf child, with the ultimate goal of calling for legislation that requires all levels of government to fund programs for deaf children and their families to learn a fully accessible language: a sign language. While our discussion regards the United States, the argument we make is based on human rights and the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  • On Altruistic War and National Responsibility: Justifying Humanitarian Intervention to Soldiers and Taxpayers.Ned Dobos - 2010 - Ethical Theory and Moral Practice 13 (1):19-31.
    The principle of absolute sovereignty may have been consigned to history, but a strong presumption against foreign intervention seems to have been left in its stead. On the dominant view, only massacre and ethnic cleansing justify armed intervention, these harms must be already occurring or imminent, and the prudential constraints on war must be satisfied. Each of these conditions has recently come under pressure. Those looking to defend the dominant view have typically done so by invoking international peace and stability, (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  • WTO, public reason and food public reasoning in the 'trade conflict' on GM-Food.Frans W. A. Brom - 2004 - Ethical Theory and Moral Practice 7 (4):417-431.
    Food trade is of economic importance for both developed and developing countries. Food, however, is a special commodity. Firstly, the lack of food -- hunger, under-nourishment, and starvation -- is one of the world's pressing moral problems. But food is not only special because it is necessary for our survival; food is also special because it is strongly related to our social and cultural identity. Two recent transatlantic trade conflicts over food -- over the use of artificial growth hormones in (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • Religious Reasons and Political Argumentation.Jon Moran - 2006 - Journal of Religious Ethics 34 (3):421-437.
    In "Evangelium Vitae" Pope John Paul II calls for a renewal of culture to combat the culture of death. He criticizes various aspects of a pluralistic, liberal society--a type of society that he claims is based on moral relativism and a view of democracy that becomes a substitute for moral law. He maintains that such a view trivializes moral choice. In this essay I argue that John Rawls's notion of a liberal society as an overlapping consensus of comprehensive doctrines can (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • Growth via Intellectual Property Rights Versus Gendered Inequity in Emerging Economies: An Ethical Dilemma for International Business.Pallab Paul & Kausiki Mukhopadhyay - 2010 - Journal of Business Ethics 91 (3):359-378.
    In this paper, we critique the emergent international normative framework of growth – the knowledge economy. We point out that the standardized character of knowledge economy's flagship – intellectual property rights (IPRs) – has an adverse impact on women in emerging economies, such as India. Conversely, this impact on women, a significant consumer segment, has a feedback effect in terms of market growth. Conceptually, we analyze the consequences of knowledge economy and standardized IPR through a feminist lens. We extend the (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • Snapshots of the Future: Darfur, Katrina, and Maple Sugar.Edward J. Romar - 2009 - Journal of Business Ethics 85 (S1):121-132.
    Climate change represents a significant challenge to the entire planet and its inhabitants. While few, if any, will be able to escape totally the effects of climate change, it will fall most heavily, at least initially, on the poor, regardless of where they reside. We may observe already possible scenarios. The tragic situation in Darfur may be less an ethnic conflict and more a clash between marginal farmers and herdsmen in an increasingly more arid local climate. More powerful storms on (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  • Dewey and Rawls on Education.Eric Thomas Weber - 2008 - Human Studies 31 (4):361-382.
    In this paper I compare the roles that the explicit and implicit educational theories of John Dewey and John Rawls play in their political works to show that Rawls’s approach is skeletal and inappropriate for defenders of democracy. I also uphold Dewey’s belief that education is valuable in itself, not only derivatively, contra Rawls. Next, I address worries for any educational theory concerning problems of distributive justice. Finally, I defend Dewey’s commitment to democracy as a consequence of the demands of (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • Utopias and Comparative Assessments of Justice.Francisco García Gibson - 2016 - Metaphilosophy 47 (1):92-107.
    When we make public policy choices, is it helpful to know how utopia would look? Amartya Sen argues that it is neither necessary, nor sufficient, nor even contributory. He claims that before making a policy choice one should compare several feasible institutional designs to see which promotes justice most, and that it is misleading to use the perfect design as a standard in those comparisons. Principles of justice are the proper standard. The present article contends that the perfect design has (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  • Justice in assistance: a critique of the ‘Singer Solution’.Gwilym David Blunt - 2015 - Journal of Global Ethics 11 (3):321-335.
    This article begins with an examination of Peter Singer's ‘solution’ to global poverty as a way to develop a theory of ‘justice in assistance.’ It argues that Singer's work, while compelling, does not seriously engage with the institutions necessary to relieve global poverty. In order to realise our obligations it is necessary to employ secondary agents, such as non-governmental organisations, that produce complex social relationships with the global poor. We should be concerned that the affluent and their secondary agents are (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Completando un proyecto inconcluso: Una propuesta de aplicación de la teoría de la democracia deliberativa de Carlos Nino al plano global.Nahuel Maisley - 2015 - Análisis Filosófico 35 (2):283-316.
    Según cuentan algunos de sus colegas y discípulos, al momento de su temprana muerte, en 1993, Carlos Nino estaba comenzando a estudiar la posibilidad de trasladar sus teorías al plano internacional. En este trabajo pretendo retomar al menos un aspecto de aquel proyecto, preguntándome cómo hubiera trasladado Nino su teoría de la democracia al plano global. En otras palabras, intentaré especular respecto de cómo podrían insertarse las ideas nineanas en la discusión actual en materia de democracia global. Mi hipótesis es (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • Rawls, Weithman, and the Stability of Liberal Democracy.George Klosko - 2015 - Res Publica 21 (3):235-249.
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  • Stability: Political and Conception: A Response to Professor Weithman.George Klosko - 2015 - Res Publica 21 (3):265-272.
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  • Public Reason Liberalism and Sex‐Neutral Marriage A Response to Francis J. Beckwith.Greg Walker - 2015 - Ratio Juris 28 (4):486-503.
    This article responds to an article by Francis J. Beckwith that argued that the consistent application of generic liberal principles requires that same-sex marriage not be recognised in civil law. This response demonstrates that Beckwith's article contains a series of interpretative and substantive flaws that render his argument unsuccessful. These relate to a misinterpretation of core liberal principles and a sidestepping of the matter of undue bias against same-sex partners. In correcting these flaws I tentatively propose a Voltairean argument in (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Survey Article: Four Models of a Global Order with Cosmopolitan Intent: An Empirical Assessment.Michael Zürn - 2015 - Journal of Political Philosophy 24 (1):88-119.
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • Acceptability, Impartiality, and Peremptory Norms of General International Law.Eun-Jung Katherine Kim - 2015 - Law and Philosophy 34 (6):661-697.
    Peremptory norms of general international law (jus cogens) are universally binding prohibitions that override any consideration for non-compliance (e.g., genocide and slavery). The question is how nonconsensual norms emerge from a consensual international legal order. It appears that either the peremptoriness of jus cogens renders consent superfluous to the norm’s binding force or consent divests jus cogens of its peremptory status. The goal of this paper is to resolve the dilemma by explaining why jus cogens is exempt from the general (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Islam and the legal enforcement of morality.Christian Joppke - 2014 - Theory and Society 43 (6):589-615.
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • Medical ethics and more: ideal theories, non-ideal theories and conscientious objection.Florencia Luna - 2015 - Journal of Medical Ethics 41 (1):129-133.
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  • Transforming (but not transcending) the state system? On statist cosmopolitanism.Luke Ulaş - 2017 - Critical Review of International Social and Political Philosophy 20 (6):657-676.
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  • The political value of languages.Rainer Bauböck - 2015 - Critical Review of International Social and Political Philosophy 18 (2):212-223.
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • Kantian cosmopolitanism and its limits.Christine Helliwell & Barry Hindess - 2015 - Critical Review of International Social and Political Philosophy 18 (1):26-39.
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  • ‘Supreme Emergencies’, ontological holism, and rights to communal membership.J. Toby Reiner - 2017 - Critical Review of International Social and Political Philosophy 20 (4):425-445.
    Download  
     
    Export citation  
     
    Bookmark  
  • Global democracy in a society of peoples.Andrew Walton - 2015 - Critical Review of International Social and Political Philosophy 18 (6):577-598.
    Download  
     
    Export citation  
     
    Bookmark  
  • Fairness to non-participants: a case for a practice-independent egalitarian baseline.Merten Reglitz - 2017 - Critical Review of International Social and Political Philosophy 20 (4): 466-485.
    Proponents of practice-dependent egalitarianism argue that egalitarian duties and entitlements only apply among participants in morally relevant practices. In this paper, I argue that these views are implausible because they allow for objectionable treatment of non-participants. I show that it is impossible, on the basis of practice-internal considerations alone, to determine the extent to which the pursuit of practices can permissibly limit the opportunities of non-participants. There are opportunities beyond the current holdings of practices to which no one has a (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • Commentary on Reygadas.Mark L. Weinstein - unknown
    Download  
     
    Export citation  
     
    Bookmark