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The law of peoples

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

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  1. Re-Enchanting The World: An Examination Of Ethics, Religion, And Their Relationship In The Work Of Charles Taylor.David McPherson - 2013 - Dissertation, Marquette University
    In this dissertation I examine the topics of ethics, religion, and their relationship in the work of Charles Taylor. I take Taylor's attempt to confront modern disenchantment by seeking a kind of re-enchantment as my guiding thread. Seeking re-enchantment means, first of all, defending an `engaged realist' account of strong evaluation, i.e., qualitative distinctions of value that are seen as normative for our desires. Secondly, it means overcoming self-enclosure and achieving self-transcendence, which I argue should be understood in terms of (...)
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  • Human Dignity as High Moral Status.Manuel Toscano - 2011 - Les ateliers de l'éthique/The Ethics Forum 6 (2):4-25.
    In this paper I argue that the idea of human dignity has a precise and philosophically relevant sense. Following recent works,we can find some important clues in the long history of the term.Traditionally, dignity conveys the idea of a high and honourable position in a hierarchical order, either in society or in nature. At first glance, nothing may seem more contrary to the contemporary conception of human dignity, especially in regard to human rights.However,an account of dignity as high rank provides (...)
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  • Duties of Minimal Wellbeing and Their role in Global Justice.Ambrose Y. K. Lee - unknown
    This thesis is the first step in a research project which aims to develop an accurate and robust theory of global justice. The thesis concerns the content of our duties of global justice, under strict compliance theory. It begins by discussing the basic framework of my theory of global justice, which consists in two aspects: duties of minimal wellbeing, which are universal, and duties of fairness and equality, which are associative and not universal. With that in place, it briefly discusses (...)
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  • Global Egalitarianism and The State: On the Justice of Borders and Justice Beyond Borders.Adam Fox - unknown
    One of the most active areas of debate in liberal theories of global justice regards the proper application of domestic egalitarian theories of distributive justice, such as that posed by John Rawls, at the scale of global considerations of need, remediation, and ultimately the development of a just order. This paper considers three popularly-referenced theories that each advance a variant of a more general thesis, sometimes referred to as ‘anti-cosmpolitan’ or ‘internationalist’ – that liberal egalitarian theories do not presently entail (...)
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  • Anti-paternalism and Invalidation of Reasons.Kalle Grill - 2010 - Public Reason 2 (2):3-20.
    I first provide an analysis of Joel Feinberg’s anti-paternalism in terms of invalidation of reasons. Invalidation is the blocking of reasons from influencing the moral status of actions, in this case the blocking of personal good reasons from supporting liberty-limiting actions. Invalidation is shown to be distinct from moral side constraints and lexical ordering of values and reasons. I then go on to argue that anti-paternalism as invalidation is morally unreasonable on at least four grounds, none of which presuppose that (...)
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  • Self-Ownership, the Conflation Problem, and Presumptive Libertarianism: Can the Market Model Support Libertarianism Rather than the Other Way Around?Marcus Agnafors - 2015 - Libertarian Papers 7.
    David Sobel has recently argued that libertarian theories that accept full and strict self-ownership as foundational confront what he calls the conflation problem: if transgressing self-ownership is strictly and stringently forbidden, it is implied that the normative protection against one infringement is precisely as strong as against any other infringement. But this seems to be an absurd consequence. In defense of libertarianism, I argue that the conflation problem can be handled in a way that allows us to honor basic libertarian (...)
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  • Love and Moral Psychology in Global Politics: A Kantian Reworking of Rawls and Nussbaum.Pärttyli Rinne - 2020 - Con-Textos Kantianos 1 (11):291-312.
    For both John Rawls and Martha Nussbaum, the concept of love plays a significant role in moral psychology. Rawls views the sense of justice as grounded in parental love, and continuous with love of mankind. Nussbaum’s recent defence of patriotism revives the emotio n of love as essential for political contexts. I argue that love ought to play a substantial part in the shaping of global politics, and that a moral psychology of love based merely on a combination of Rawls’s (...)
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  • Human Dignity and Genomic Technologies: Philosophical and Legal Aspects.Irina Yu Krylatova - 2021 - Антиномии 21 (4):111-134.
    Contemporary scientific and technological process leads to rethinking of human nature and its components including dignified treatment. Identification of the permissible treatment in genomic experiments draws the core discussion about the essence of human dignity. In this regard the article focuses on deep transformation of human dignity nature in terms of new biotechnological challenges and rapid development of genomic technologies. The author analyses main philosophical and legal conceptions of human dignity and concludes about guiding and interdisciplinary role of human dignity (...)
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  • Klimawandel, globale Gerechtigkeit und die Ethik globaler öffentlicher Güter: einige grundlegende begriffliche Fragen.Christian Seidel - 2012 - In Matthias Maring (ed.), Globale öffentliche Güter in interdisziplinären Perspektiven. Karlsruhe: KIT Scientific Publishing. pp. 179-195.
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  • Justification for Transnational Environmental Civil Disobedience.Linus Håkansson - unknown
    The following essay argues that Transnational Civil Disobedience may be justified when it is applied to questions relating to global climate change. Civil Disobedience as a politically motivated form of lawbreaking posits questions regarding political obligation and citizenship and such questions are amplified when applied to the transnational level.Furthermore, this essay focuses on the influential account of Civil Disobedience as it has been formulated by John Rawls. The writer argues that there are potential issues with this formulation when it is (...)
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  • Justice as Fairness and Wide Economic Liberties: A Critical Reflection on the Possibility of Reconciliation between Classical and High Liberal Traditions.Mostafa Zali - 2021 - Philosophical Investigations 14 (33):147-165.
    In arguing for justice as fairness, John Rawls distinguishes between two types of social institutions and, according to this distinction, proposes two principles of justice with a lexical order. According to the first principle, citizens have an equal right to the most adequate scheme of basic liberties. Then he arranges the list of basic liberties based on the necessary requirements to develop and exercise two moral powers. A new approach called market democracy claimed that, on Rawlsian assumption and justificatory framework, (...)
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  • The ethics of natural disaster intervention.Traczykowski Lauren - 2017 - Dissertation, University of Birmingham
    Natural disasters are social disruptions triggered by physical events. Every year, hundreds of natural disasters occur and tens of thousands of people are killed as a result. I maintain that everyone would want to be provided with assistance in the aftermath a natural disaster. If a national government is not providing post disaster assistance, then we expect that some other institution has the responsibility to provide it. Unfortunately, that is not the case currently. Therefore, in this thesis I argue that (...)
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  • Legitimate Exclusion of Would-Be Immigrants: A View from Global Ethics and the Ethics of International Relations.Enrique Camacho Beltran - 2019 - Social Sciences 8 (8):238.
    The debate about justice in immigration seems somehow stagnated given that it seems justice requires both further exclusion and more porous borders. In the face of this, I propose to take a step back and to realize that the general problem of borders—to determine what kind of borders liberal democracies ought to have—gives rise to two particular problems: first, to justify exclusive control over the administration of borders (the problem of legitimacy of borders) and, second, to specify how this control (...)
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  • Dignity and Freedom through Human Security.V. Balamdal - 2014 - Eubios Journal of Asian and International Bioethics 24 (1):18-20.
    Human Security may mean “the right of all people to live in freedom and dignity, free from poverty and despair and all individuals, in particular vulnerable people, are entitled to freedom from fear and freedom from want, with an equal opportunity to enjoy all their rights and fully develop their human potential” ). HS is at great risk in modern times. It may look outwardly that external wars and cause insecurity to the people; but a deeper study on the socio-economic (...)
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  • Recognizing Argument Types and Adding Missing Reasons.Christoph Lumer - 2019 - In Bart J. Garssen, David Godden, Gordon Mitchell & Jean Wagemans (eds.), Proceedings of the Ninth Conference of the International Society for the Study of Argumentation (ISSA). [Amsterdam, July 3-6, 2018.]. Amsterdam (Netherlands): pp. 769-777.
    The article develops and justifies, on the basis of the epistemological argumentation theory, two central pieces of the theory of evaluative argumentation interpretation: 1. criteria for recognizing argument types and 2. rules for adding reasons to create ideal arguments. Ad 1: The criteria for identifying argument types are a selection of essential elements from the definitions of the respective argument types. Ad 2: After presenting the general principles for adding reasons (benevolence, authenticity, immanence, optimization), heuristics are proposed for finding missing (...)
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  • Reasoning about Development: Essays on Amartya Sen's Capability Approach.Thomas R. Wells - 2013 - Dissertation, Erasmus University Rotterdam
    Over the last 30 years the Indian philosopher-economist Amartya Sen has developed an original normative approach to the evaluation of individual and social well-being. The foundational concern of this ‘capability approach’ is the real freedom of individuals to achieve the kind of lives they have reason to value. This freedom is analysed in terms of an individual’s ‘capability’ to achieve combinations of such intrinsically valuable ‘beings and doings’ (‘functionings’) as being sufficiently nourished and freely expressing one’s political views. In this (...)
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  • Enlightenment and Constraints.Joseph D. Lewandowski - 2009 - Public Reason 1 (2).
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  • Union Citizenship Revisited: Multilateral Democracy as Normative Standard for European Citizenship.Antoinette Scherz & Rebecca Welge - 2014 - Journal of Ethnic and Migration Studies 41 (8):1254- 1275.
    Union Citizenship as currently implemented in the European Union introduces a distinct concept of citizenship that necessitates an adequate normative approach. The objective of this paper is to assess EU Citizenship against the theoretical background of multilateral democracy. This approach is specifically suited for this task, as it does not rely on a nation-state paradigm or the presumption of a further transformation into a federation or union. We propose three criteria by which to assess multilevel citizenship: equal individual rights, equal (...)
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  • Substantive Representation in a Post-Democratic Environment.Marcel Wissenburg - 2013 - Public Reason 5 (1).
    Political and economic internationalization and globalization, the rise of sub-national self-governing regions and spheres, governance replacing government and many related processes change the role and context of the nation-state, the protector of mass democracy. The concept of representation, representation as ‘acting for,’ can help develop answers to the threat that this ‘loss of polity’ poses to equal and universal access to decision-making, i.e., the ideals behind mass democracy. Examining the reasons why the two most prominent conceptions of representation – substantive (...)
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  • The Ethics of Transactions in an Unjust World.J. Millum - 2016 - In K. Zeiler & E. Malmqvist (eds.), Bioethics and Border Crossing: Perspectives on Giving, Selling and Sharing Bodies. Routledge: Oxon. pp. 185-196.
    In this paper I examine the ethics of benefit-sharing agreements between victims and beneficiaries of injustice in the context of trans-national bodily giving, selling, and sharing. Some obligations are the same no matter who the parties to a transaction are. Prohibitions on threats, fraud and harm apply universally and their application to transactions in unjust contexts is not disputed. I identify three sources of obligations that are affected by unjust background conditions. First, power disparities may illegitimately influence transactions in unintentional (...)
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  • El calentamiento global y la asignación de los costes de las políticas medioambientales.Daniel Loewe - 2013 - Dilemata 13:69-92.
    The article examines four principles of cost allocation (cost of mitigation, of adaptation, and of compensation) for environmental policies that aim to address climate change: “the polluter pays”, “who benefits pays”, “who is able to pay, pays”, and “the equal per capita”. It shows that they are all problematic. A better case can be built by the joint work of only the two principles of “the polluter pays” and “who benefits pays”.
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  • On the Conceptual Status of Justice.Kyle Johannsen - 2015 - Dissertation, Queen's University
    In contemporary debates about justice, political philosophers take themselves to be engaged with a subject that’s narrower than the whole of morality. Many contemporary liberals, notably John Rawls, understand this narrowness in terms of context specificity. On their view, justice is the part of morality that applies to the context of a society’s institutions, but only has indirect application to the context of citizens’ personal lives. In contrast, many value pluralists, notably G.A. Cohen, understand justice’s narrowness in terms of singularity (...)
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  • Cohen v. Cohen: Why a Human Right to Democracy Derives from the Right to Self-Determination.Nahuel Maisley - 2015 - Revista Latinoamericana de Filosofía Política 4 (1).
    In this paper, I challenge Joshua Cohen’s denial of the existence of a human right to democracy, using for that purpose arguments presented by Cohen himself in other occasions. In a first section, I explain five contradictions in which I believe Cohen incurs with respect to his previous works. In a second section, I explain two conclusions that I believe can be derived from this development: first, that the right of peoples to self-determination does not impede the existence of a (...)
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  • Is There a Human Right to Democracy? A Response to Joshua Cohen.Pablo Gilabert - 2012 - Revista Latinoamericana de Filosofía Política 1 (2):1-37.
    Is democracy a human right? There is a growing consensus within international legal and political practice that the answer is “Yes.” However, some philosophers doubt that we should see democracy as a human right. In this paper I respond to the most systematic challenge presented so far, which was recently offered by Joshua Cohen. His challenge is directed to the view that democracy is a human right, not to the view that democracy is part of what justice demands. It is (...)
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  • On the Public Reason of the Society of Peoples.Alexander Brown - 2010 - Public Reason 2 (1).
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  • Abortion and the Limits of Political Liberalism.Henrik Friberg-Fernros - 2010 - Public Reason 2 (1).
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  • Fortress Europe or Pace-Setter? Identity and Values in an Integrating Europe.Pavel Dufek - 2009 - Czech Journal of Political Science 16 (1):44–62.
    The article represents a contribution to the discussions about the basis, motives, and goals of European integration, which were stimulated by the recent “normative turn” in EU studies. My aim in this the article is threefold: By addressing the issue of internal legitimacy of EU decision-making, I wish to show that the European Union is in need of a public “story” of European integration; however, a closer analysis suggests that there is much normative disagreement on values and principles that are (...)
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  • Humanity, virtue, justice: a framework for a capability approach.Benjamin James Bessey - unknown
    This Thesis reconsiders the prospects for an approach to global justice centring on the proposal that every human being should possess a certain bundle of goods, which would include certain members of a distinctive category: the category of capabilities. My overall aim is to present a clarified and well-developed framework, within which such claims can be made. To do this, I visit a number of regions of normative and metanormative theorising. I begin by introducing the motivations for the capability approach, (...)
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  • Redeeming Freedom.Jiwei Ci - 2010 - In Stan van Hooft & Wim Vandekerckhove (eds.), Questioning Cosmopolitanism. Springer. pp. 49--61.
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  • Rawls y un principio de diferencia global.Cristian Dimitriu - 2011 - Dianoia 56 (66):81-104.
    En este trabajo me propongo analizar algunos de los argumentos de John Rawls en contra de un principio de diferencia internacional, tal como fueron presentados en Un derecho de gentes. Sostengo que estos argumentos son inconsistentes con el principio de diferencia doméstico. Si los aceptamos, entonces tendremos que afrontar el dilema de o bien tener que aceptar dicho principio distributivo en ambos ámbitos (el doméstico y el internacional) o bien tener que rechazarlo por completo. También sostengo que las posibles objeciones (...)
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  • Fallibility and Normativity.DiPaolo Joshua - 2016 - Dissertation, University of Massachusetts - Amherst
    We are fallible, and knowledge of our fallibility has normative implications. But these normative implications appear to conflict with other compelling epistemic norms. We therefore appear to face a choice: reject fallibility-based norms or reject these other epistemic norms. I argue that there is a plausible third option: reconcile these two sets of norms. Once we properly understand the nature of each of these norms, we aren’t forced to reject either.
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  • Helen Frowe’s “Practical Account of Self-Defence”: A Critique.Uwe Steinhoff - 2013 - Public Reason 5 (1):87-96.
    Helen Frowe has recently offered what she calls a “practical” account of self-defense. Her account is supposed to be practical by being subjectivist about permissibility and objectivist about liability. I shall argue here that Frowe first makes up a problem that does not exist and then fails to solve it. To wit, her claim that objectivist accounts of permissibility cannot be action-guiding is wrong; and her own account of permissibility actually retains an objectivist (in the relevant sense) element. In addition, (...)
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  • Nationalist Criticisms of Cosmopolitan Justice.András Miklós - 2009 - Public Reason 1 (1):105-124.
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  • Political Legitimacy.Anthony M. Musonda - unknown
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  • 2 Principles of generational justice.Christoph Lumer - 2006 - In Tremmel J. (ed.), The Handbook of Intergenerational Justice. Edward Elgar. pp. 39.
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  • On the Morality of The Religious Freedom Restoration Act : Ethics in a Failing Democracy.Elliott Troy - unknown
    The Indiana Religious Freedom Restoration Act and its subsequent backlash serve as a case-study to raise ethical concerns both about the characterization of contemporary western liberal democracy as a political theory and a prevailing religious extremism acting as a legislative power within governments; Developing and reflecting on these issues this study will attempt to show a need to evaluate the moral principles attributed to modern political systems and the governmental delineation of power over individuals within a society. Applying Rawlsian concepts, (...)
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  • Commentary on Reygadas.Mark L. Weinstein - unknown
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  • Evaluating Rawls: Equality in the Family.Devan Griffith - 2012 - Dissertation, Bryant University
    This paper examines the latest developments in feminist critiques of the seminal Theory of Justice, written by John Rawls, the late preeminent American moral philosopher. Rawls is recognized as one of the most influential moral political philosophers of the twentieth century and is increasingly relevant because of his discussions on pluralist societies. With the current diverging of liberal, conservative and libertarian philosophies among Americans, as well as the fragmentation of parties to accommodate an increasingly diverse public, a clear philosophy and (...)
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  • Gerald Gaus and the Task of Political Philosophy.Giulia Bistagnino - 2013 - European Journal of Analytical Philosophy 9 (1).
    In The Order of Public Reason, Gerald Gaus defends an innovative and sophisticated convergence version of public reason liberalism. The crucial concept of his argumentative framework is that of “social morality”, intended as the set of rules apt to organize how individuals can make moral demands over each other. I claim that Gaus’s characterization of social morality and its rules is unstable because it rests on a rejection of the distinction between the normative and the descriptive. I argue that such (...)
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  • 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 (...)
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