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The law of peoples

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

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  1. The problem of past emissions and intergenerational debts.Göran Duus-Otterström - 2014 - Critical Review of International Social and Political Philosophy 17 (4):448-469.
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  • Neither end, nor means, but both—why the modern university ought to be responsive to different conceptions of the good.Adelin Dumitru - 2018 - Educational Philosophy and Theory 51 (1):87-96.
    In this paper, I argue that universities ought to account for the diverse conceptions of the good employed by their students. The complex nature of the good of education, which has both instrumental and intrinsic aspects, means that the modern university should be impartial between students who consume this good for itself or as a means towards more fulfilling goals. The discussion on the intrinsic nature of education follows the line of the Humboldtian perspective. The instrumental benefits considered are the (...)
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  • Grounding Positive Duties in Commercial Life.Wim Dubbink & Luc Van Liedekerke - 2014 - Journal of Business Ethics 120 (4):527-539.
    For years business ethics has limited the moral duties of enterprises to negative duties. Over the last decade it has been argued that positive duties also befall commercial agents, at least when confronted with large scale public problems and when governments fail. The argument that enterprises have positive duties is often grounded in the political nature of commercial life. It is argued that agents must sometimes take over governmental responsibilities. The German republican tradition argues along these lines as does Nien-Hé (...)
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  • Democratic Agents of Justice.John S. Dryzek - 2015 - Journal of Political Philosophy 23 (4):361-384.
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  • Towards a just and fair Internet: applying Rawls’ principles of justice to Internet regulation.David M. Douglas - 2015 - Ethics and Information Technology 17 (1):57-64.
    I suggest that the social justice issues raised by Internet regulation can be exposed and examined by using a methodology adapted from that described by John Rawls in 'A Theory of Justice'. Rawls' theory uses the hypothetical scenario of people deliberating about the justice of social institutions from the 'original position' as a method of removing bias in decision-making about justice. The original position imposes a 'veil of ignorance' that hides the particular circumstances of individuals from them so that they (...)
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  • Whitehead's religious thought: from mechanism to organism, from force to persuasion.Daniel A. Dombrowski - 2017 - Albany, NY: SUNY Press.
    Griffin's panexperientialism as perennial philosophy -- Stengers on Whitehead on God -- Rawlsian political liberalism and process thought -- Hartshorne, the process concept of God, and pacifism -- Butler and grievable lives -- Wordsworth, Whitehead, and the romantic reaction.
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  • On Altruistic War and National Responsibility: Justifying Humanitarian Intervention to Soldiers and Taxpayers.Ned Dobos - 2010 - Ethical Theory and Moral Practice 13 (1):19-31.
    The principle of absolute sovereignty may have been consigned to history, but a strong presumption against foreign intervention seems to have been left in its stead. On the dominant view, only massacre and ethnic cleansing justify armed intervention, these harms must be already occurring or imminent, and the prudential constraints on war must be satisfied. Each of these conditions has recently come under pressure. Those looking to defend the dominant view have typically done so by invoking international peace and stability, (...)
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  • Defending reasonability: The centrality of reasonability in the later Rawls.David M. Rasmussen - 2004 - Philosophy and Social Criticism 30 (5-6):525-540.
    Against arguments that suggest that Rawls’s notion of reasonability is ‘obscure’ and ‘unclear’ I argue in this essay that the idea of reasonability in the later Rawls can be defended in three ways. First, it can be shown that reasonability is fundamental to the architectonic of the later work. Reasonability, and the subordination of reason to reasonability, is fundamental to the later (post-1980) writings. Second, it can be shown that reasonability is not necessarily a vague term as many have claimed. (...)
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  • Global Public Reason, Diversity, and Consent.Samuel Director - 2019 - Philosophical Papers 48 (1):31-57.
    In this paper, I examine global public reason as a method of justifying a global state. Ultimately, I conclude that global public reason fails to justify a global state. This is the case, because global public reason faces an unwinnable dilemma. The global public reason theorist must endorse either a hypothetical theory of consent or an actual theory of consent; if she endorses a theory of hypothetical consent, then she fails to justify her principles; and if she endorses a theory (...)
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  • Islamism as Communitarianism: Person, Community and the Problem of International Norms in Non-Liberal Theories.Filippo Dionigi - 2012 - Journal of International Political Theory 8 (1-2):74-103.
    This essay discusses how international political theory can become more receptive towards Islamism. The central claim is that Islamism can be interpreted as a form of communitarianism. To underpin this claim, the study relies on an analysis of how the concepts of community and person are conceived in communitarianism and Islamism. On the basis of the affinities of these conceptions between Islamism and communitarianism the essay shows that Islamism can be interpreted as a form of communitarianism. The study then concludes (...)
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  • Public Reason and International Friendship.P. E. Digeser - 2009 - Journal of International Political Theory 5 (1):22-40.
    In The Law of Peoples, John Rawls offers an idea of international public reason that governs the relationship between liberal and decent peoples. This article begins by considering the relationship between liberal peoples and the form of public reason that they would deem acceptable. It ultimately argues that there is an international public reason that is common to minimally just states that is different from what would be found in the law of peoples. The applicability and content of this version (...)
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  • Secession of the rich: A qualified defence.Frank Dietrich - 2014 - Politics, Philosophy and Economics 13 (1):62-81.
    The secession of prosperous regions may negatively affect the redistributive scheme of an established state. As a consequence, the capacity of its welfare system to support the inhabitants of poorer regions may be significantly reduced. Some authors assert that affluent groups who opt for full political independence violate duties of solidarity. This objection to the secession of prosperous regions can be based on different views of distributive justice. Here, following a distinction that has been introduced by Allen Buchanan, ‘subject centred’ (...)
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  • Preventive defense and forcible regime change: A normative assessment.Dieter Janssen - 2004 - Journal of Military Ethics 3 (2):105-128.
    In September 2002 the President of the United States issued a new National Security Strategy. Under the impact of 9/11 the authors of this NSS argue that the United States needs to pre-emptively attack rogue states that try to develop weapons of mass destruction (WMD) and have links to terrorists who might use these WMDs against the United States or its allies. This article analyzes this so-called ?Bush doctrine? asking about its legality, justice and feasibility in the present world order. (...)
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  • Drop Rawls?Claus Dierksmeier - 2021 - Business Ethics, the Environment and Responsibility 31 (1):281-292.
    Business Ethics, the Environment & Responsibility, Volume 31, Issue 1, Page 281-292, January 2022.
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  • Federalism as Fairness.Helder de Schutter - 2011 - Journal of Political Philosophy 19 (2):167-189.
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  • David Miller’s theory of global justice. A brief overview.Helder De Schutter - 2008 - Critical Review of International Social and Political Philosophy 11 (4):369-381.
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  • The ILO's Decent Work Initiative: Suggestions for an Extension of the Notion of “Decent Work”.Jean-Philippe Deranty & Craig MacMillan - 2012 - Journal of Social Philosophy 43 (4):386-405.
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  • Global Child Health Ethics: Testing the Limits of Moral Communities.A. E. Denburg - 2010 - Public Health Ethics 3 (3):239-258.
    This article attempts to map the broad ethical and legal contours of global child health realities. Its interest is in international duties to reduce disparities in the health of children. Specifically, it inquires into loci of collective rights and responsibilities in this context. Clarity on the sources of this responsibility and the nature of such rights will, it is hoped, contribute to enhanced and sustained action to attenuate these inequalities. A review and critique of the current topography of global health (...)
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  • Pluralistic business ethics: the significance and justification of moral free space in integrative social contracts theory.James Dempsey - 2011 - Business Ethics, the Environment and Responsibility 20 (3):253-266.
    Integrative social contracts theory (ISCT) has been an influential theory in normative business ethics for well over a decade, drawing attention both as an object of criticism and as a source of inspiration. In this paper I argue that, despite this attention, the fact that it is a genuinely pluralistic theory, in the tradition of pluralistic theories of political philosophy, is often overlooked. It is in the notion of moral free space that this pluralism is most clearly expressed. This oversight (...)
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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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  • What's Special About the State?Helena de Bres - 2011 - Utilitas 23 (2):140-160.
    any of us think that we have duties of distributive justice towards our fellow citizens that we do not have towards foreigners. Is that thought justified? This paper considers the nature of the state's relationship to distributive justice from the perspective of utilitarianism, a theory that is barely represented in contemporary philosophical debates on this question. My strategy is to mount a utilitarian case for state-specific duties of distributive justice that is similar in its basic structure to the one that (...)
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  • The Many, Not the Few: Pluralism About Global Distributive Justice.Helena de Bres - 2012 - Journal of Political Philosophy 20 (3):314-340.
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  • National Responsibility and Global Justice.David Miller - 2007 - New York: Oxford University Press.
    This chapter outlines the main ideas of my book National responsibility and global justice. It begins with two widely held but conflicting intuitions about what global justice might mean on the one hand, and what it means to be a member of a national community on the other. The first intuition tells us that global inequalities of the magnitude that currently exist are radically unjust, while the second intuition tells us that inequalities are both unavoidable and fair once national responsibility (...)
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  • Just war theory, humanitarian intervention, and the need for a democratic federation.John J. Davenport - 2011 - Journal of Religious Ethics 39 (3):493-555.
    The primary purpose of government is to secure public goods that cannot be achieved by free markets. The Coordination Principle tells us to consolidate sovereign power in a single institution to overcome collective action problems that otherwise prevent secure provision of the relevant public goods. There are several public goods that require such coordination at the global level, chief among them being basic human rights. The claim that human rights require global coordination is supported in three main steps. First, I (...)
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  • What Do the Various Principles of Justice Mean Within the Concept of Benefit Sharing?Bege Dauda, Yvonne Denier & Kris Dierickx - 2016 - Journal of Bioethical Inquiry 13 (2):281-293.
    The concept of benefit sharing pertains to the act of giving something in return to the participants, communities, and the country that have participated in global health research or bioprospecting activities. One of the key concerns of benefit sharing is the ethical justifications or reasons to support the practice of the concept in global health research and bioprospecting. This article evaluates one of such ethical justifications and its meaning to benefit sharing, namely justice. We conducted a systematic review to map (...)
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  • Precauciones para una crítica a la teoría de la justicia de J. Rawls.William Roberto Darós - 2010 - Estudios de Filosofía (Universidad de Antioquia) 42:123-148.
    Se presenta aquí brevemente la teoría de la justicia elaborada por Rawls, primeramente sobre una base moral, y luego (en el llamado segundo Rawls) la teoría de justicia desde una perspectiva política, con la que Rawls intenta justificar también la existencia del Estado, mediante un contrato social. Se analizan después las primeras críticas realizadas a su teoría. Se sostiene la tesis de que la conveniencia se convierte, sin desearlo, en utilidad, en Rawls, y ésta se convierte en sinónimo de justicia. (...)
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  • When choice does not matter: Political liberalism, religion and the faith school debate.Alan Dagovitz - 2004 - Journal of Philosophy of Education 38 (2):165–180.
    Liberal attempts to defend faith schooling have been conditional on the ability of faith schools to serve as a context for individual choice. A recent critique of these attempts claims that religious parents would find such moderate faith schooling unacceptable. This article sets forth a new liberal defence of faith schools drawing heavily on the distinction between political and comprehensive liberalism. Since political liberalism's understanding of personal autonomy does not include the ability to make choices, the political liberal defence of (...)
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  • Introduction: education and migration.Julian Culp & Danielle Zwarthoed - 2018 - Journal of Global Ethics 14 (1):5-10.
    This introduction expounds educational problems that arise from transnational migration. It argues that it is high time to critically analyze normative issues of and in education under conditions of globalization because dominant approaches in normative philosophy of education tend to suffer from both a nationalist bias and a sedentary bias. The contributions to this special issue address normative problems pertaining to migration-related education from a variety of ethical and philosophical perspectives, including analytic applied ethics, continental philosophy, care ethics, Hegelian philosophy, (...)
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  • Internationalizing Nussbaum’s model of cosmopolitan democratic education.Julian Culp - 2018 - Ethics and Education 13 (2):172-190.
    Nussbaum’s moral cosmopolitanism informs her capability-based theory of justice, which she uses in order to develop a distinctive model of cosmopolitan democratic education. I characterize Nussbaum’s educational model as a ‘statist model,’ however, because it regards cosmopolitan democratic education as necessary for realizing democratic arrangements at the domestic level. The socio-cultural diversity of virtually every nation, Nussbaum argues, renders it mandatory to educate citizens in a cosmopolitan fashion. Citizens must develop empathy and sympathy towards all co-citizens of their domestic polities (...)
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  • Truly humanitarian intervention: considering just causes and methods in a feminist cosmopolitan frame.Ann E. Cudd - 2013 - Journal of Global Ethics 9 (3):359-375.
    In international law, ‘humanitarian intervention’ refers to the use of military force by one nation or group of nations to stop genocide or other gross human rights violations in another sovereign nation. If humanitarian intervention is conceived as military in nature, it makes sense that only the most horrible, massive, and violent violations of human rights can justify intervention. Yet, that leaves many serious evils beyond the scope of legal intervention. In particular, violations of women's rights and freedoms often go (...)
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  • Democracy and collective identity: In defence of constitutional patriotism.Ciaran Cronin - 2003 - European Journal of Philosophy 11 (1):1–28.
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  • La religion dans l’espace public : quelques commentaires sur les positions récentes de Habermas.Stéphane Courtois - 2010 - Dialogue 49 (1):91-112.
    ABSTRACT: This paper aims at providing a general assessment of Habermas’s recent positions on the place of religion in the public sphere. After reviewing and contrasting Rawls’s and Habermas’s respective positions on the issue, it argues that Habermas’s contribution raises some difficulties both theoretical and practical. At the theoretical level, it is shown that Habermas’s contribution poses a problem of coherence with respect to his more general conception of deliberative democracy. At the practical level, the soundness of Habermas’s view of (...)
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  • 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 (...)
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  • Conscientious Conviction and Subjective Preference: On What Grounds Should Religious Practices Be Accommodated?Stéphane Courtois - 2011 - Philosophical Papers 40 (1):27-53.
    In this paper, I seek to challenge two prevailing views about religious accommodation. The first maintains that religious practices deserve accommodation only if they are regarded as something unchosen on a par with the involuntary circumstances of life people must face. The other view maintains that religious practices are nothing more than preferences but questions the necessity of their accommodation. Against these views, I argue that religious conducts, even on the assumption that they represent voluntary behaviours, deserve in certain circumstances (...)
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  • Was 9/11 Morally Justified?1.J. Angelo Corlett - 2007 - Journal of Global Ethics 3 (1):107-123.
    In Terrorism: A Philosophical Analysis,2 I analyzed philosophically and normatively the nature of terrorism in a way that does not beg the moral question against it. I also analyzed the conditions...
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  • Us responsibility for war crimes in iraq.J. Angelo Corlett - 2010 - Res Publica 16 (2):227-244.
    This paper examines the recent actions by the United States in Iraq in the light of just war principles, and sets forth a program for holding accountable those most responsible for war crimes in Iraq.
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  • Inter-Collegiate Football, Responsibility, Exploitation, and the Public Good.J. Angelo Corlett - 2020 - Journal of Academic Ethics 18 (3):249-262.
    This article presents philosophical-ethical arguments concerning the extent to which NCAA inter-collegiate football is a public good and some implausible implications of the claim that it constitutes a public good and ought to be publicly subsidized as part of a component of U.S. higher education generally as is currently the case. Underlying this main argument is one concerning who or what should have the responsibility for subsidizing the necessary costs of the sport, including its associated healthcare and medical costs.
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  • Four tasks for forward-looking global ethics.Adela Cortina - 2014 - Journal of Global Ethics 10 (1):30-37.
    Our challenge for the twenty-first century consists in showing how to construct a global ethics and in trying to discover a rational foundation for it, which may be used as guidance for action and as a norm for the criticism of specific situations. I argue that four tasks must be accomplished to construct a global ethics: Construct that global governance or that world government that makes cosmopolitan citizenship possible. Foster the joint work of bioethics, economic and business ethics, and development (...)
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  • Coping with Doping.J. Corlett, Vincent Brown Jr & 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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  • Cosmopolitan disobedience.Steve Cooke - 2021 - Journal of International Political Theory 17 (3):222-239.
    Increasingly, protests occur across borders and are carried out by non-nationals. Many of these protests include elements that break the laws of their host country and are aimed at issues of global concern. Despite the increasing frequency of transnational protest, little ethical consideration has been given to it. This article provides a cosmopolitan justification for transnational disobedience on behalf of self and others. The article argues that individuals may be justified in illegally protesting in other states, and that in some (...)
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  • ‘Where you live should not determine whether you live’. Global justice and the distribution of COVID-19 vaccines.Göran Collste - 2022 - Ethics and Global Politics 15 (2):43-54.
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  • War and intention.Darrell Cole - 2011 - Journal of Military Ethics 10 (3):174-191.
    Abstract Right intention is one of the staple criteria of traditional just war theory. In classical terms, right intention is met when a belligerent aims to achieve a just and peaceful order. I will address the problem of determining when a belligerent has satisfied the criterion of right intention. I will argue that right intention is determined by observing a belligerent's acts during and after a conflict. Intention is not merely a private mental act known ultimately only by the people (...)
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  • Beyond reason: the philosophy and politics of immigration.Phillip Cole - 2014 - Critical Review of International Social and Political Philosophy 17 (5):503-520.
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  • Betydelsen av historisk rättvisa efter kolonialismen.Göran Collste - 2012 - Etikk I Praksis - Nordic Journal of Applied Ethics 1 (1):4-22.
    Artikeln tar sin utgångspunkt i två aktuella exempel på krav på historisk rättvisa efter kolonialismen: forna Mau-Mau-kämpars krav på gottgörelse för britternas övergrepp på 1950-talet och hererofolkets krav till Tyskland på gottgörelse för det folkmord som ägde rum 1904–1907. Dessa exempel aktualiserar frågan om historisk rättvisa. Vad innebär historisk rättvisa? Vilka krav på historisk rättvisa är berättigade att ställa? Hur lång tid efter övergrepp och våld finns det skäl att kräva gottgörelse? Kan kraven ärvas till efterkommande generationer? Vem bör gottgöra (...)
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  • What the Liberal State Should Tolerate Within Its Borders.Andrew Jason Cohen - 2007 - Canadian Journal of Philosophy 37 (4):479-513.
    Two normative principles of toleration are offered, one individual-regarding, the other group-regarding. The first is John Stuart Mill’s harm principle; the other is “Principle T,” meant to be the harm principle writ large. It is argued that the state should tolerate autonomous sacrifices of autonomy, including instances where an individual rationally chooses to be enslaved, lobotomized, or killed. Consistent with that, it is argued that the state should tolerate internal restrictions within minority groups even where these prevent autonomy promotion of (...)
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  • What liberals should tolerate internationally.Andrew Jason Cohen - 2021 - Critical Review of International Social and Political Philosophy 24 (1):64-86.
    The purpose of this paper is to shed light on what liberal states should tolerate outside their borders. This requires definitions of `liberalism, ́ `toleration, ́ and `state. ́ In the first section of this paper, I briefly indicate how I use those and other terms necessary to the discussion and introduce the normative principle I take liberals to be committed to. In the second section, I continue clearing the path for the rest of my discussion. In the rest of (...)
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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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  • La aplicación restringida de Rawls en la ética de la empresa: una concepción política de la teoría de los stakeholders y de la moralidad de los mercados.Marc A. Cohen - 2012 - Co-herencia 9 (16):145-184.
    El presente ensayo sostiene que los principios de justicia de Rawls proporcionan una fundamentación normativa para la teoría de los stakeholders. Los principios articulan (en un nivel abstracto) los derechos de los ciudadanos; estos derechos crean intereses en todos los aspectos de la sociedad, incluyendo el ámbito de la actividad económica; y, por lo tanto, los stakeholders –en calidad de ciudadanos–tienen intereses legítimos en dicho ámbito. Así, la obra de Rawls nos obliga a fundamentar cuestiones de la ética de la (...)
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  • Principles or imagination? Two approaches to global justice.Mark Coeckelbergh - 2007 - Journal of Global Ethics 3 (2):203 – 221.
    What does it mean to introduce the notion of imagination in the discussion about global justice? What is gained by studying the role of imagination in thinking about global justice? Does a focus on imagination imply that we must replace existing influential principle-centred approaches such as that of John Rawls and his critics? We can distinguish between two approaches to global justice. One approach is Rawlsian and Kantian in inspiration. Discussions within this tradition typically focus on the question whether Rawls's (...)
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  • Distributive justice and co-operation in a world of humans and non-humans: A contractarian argument for drawing non-humans into the sphere of justice.Mark Coeckelbergh - 2009 - Res Publica 15 (1):67-84.
    Various arguments have been provided for drawing non-humans such as animals and artificial agents into the sphere of moral consideration. In this paper, I argue for a shift from an ontological to a social-philosophical approach: instead of asking what an entity is, we should try to conceptually grasp the quasi-social dimension of relations between non-humans and humans. This allows me to reconsider the problem of justice, in particular distributive justice . Engaging with the work of Rawls, I show that an (...)
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