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The law of peoples

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

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  1. On Setting Priorities among Human Rights.Jos Philips - 2014 - Human Rights Review 15 (3):239-257.
    Should conflicts among human rights be dealt with by including general principles for priority setting at some prominent place in the practice of human rights? This essay argues that neither setting prominent and principled priorities nor a case-by-case approach are likely to be defensible as general solutions. The main reasons concern how best to realize all human rights for all. Conflicts among human rights are more defensibly addressed by checking whether the conflict has been correctly diagnosed: Do human rights as (...)
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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 human right to political participation.Fabienne Peter - 2013 - Journal of Ethics and Social Philosophy 7 (2):1-16.
    In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights which do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in national, but also in international (...)
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  • Political Theory as Utopia.Lassman Peter - 2003 - History of the Human Sciences 16 (1):49-62.
    Political theory has been described as an `enterprise of discovery' that carries within it the danger of utopianism. This article explores one aspect of that danger: the question of the paradoxical or circular nature of much political thinking. This seems to be both a necessary and an impossible feature of such theorizing. Political theory itself seems to require an idea of utopia that is, by definition, impossible to achieve.
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  • On the interrelations between domestic and global (in)justice.Peter Koller - 2010 - Critical Review of International Social and Political Philosophy 13 (1):137-158.
    My paper consists of two parts. The first part deals with the fundamental normative standards of domestic social justice on the one hand and global justice on the other, standards that are requisite in order to identify injustices on both levels. On this basis, the second part focuses on the interrelations between domestic social justice and global justice with particular attention to the interdependencies between domestic and global injustices.
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  • A feminist argument against statism: public and private in theories of global justice.Angie Pepper - 2014 - Journal of Global Ethics 10 (1):56-70.
    Cosmopolitanism and statism represent the two dominant liberal theoretical standpoints in the current debate on global distributive justice. In this paper, I will develop a feminist argument that recommends that statist approaches be rejected. This argument has its roots in the feminist critique of liberal theories of social justice. In Justice, Gender, and the Family Susan Moller Okin argues that many liberal egalitarian theories of justice are inadequate because they assume a strict division between public and private spheres. I will (...)
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  • Rawls, entre Kant y Hegel.Carlos Peña - 2017 - Revista de Filosofía 73:219-229.
    Ha llegado a ser un lugar común aseverar la influencia de Kant en la obra de Rawls; sin embargo, el constructivismo político significó un rechazo del universalismo que es imposible explicar en términos kantianos. Lo que sigue es un intento de evaluar la tesis del consenso superpuesto a la luz de la concepción general de la filosofía política y la razón práctica en Hegel.
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  • Why equality? On justifying liberal egalitarianism.Paul Kelly - 2010 - Critical Review of International Social and Political Philosophy 13 (1):55-70.
    The debate over the nature of egalitarianism has come to dominate political philosophy. As ever more sophisticated attempts are made to describe the principles of an egalitarian distribution or to specify the good or goods that should be distributed equally, little is said about the fundamental basis of equality. In virtue of what should people be regarded as equal? Egalitarians have tended to dismiss this question of fundamental equality. In the first part of the paper I will examine some of (...)
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  • The Social Theory of Anti‐Liberalism.Paul Kelly - 2006 - Critical Review of International Social and Political Philosophy 9 (2):137-154.
    (2006). The Social Theory of Anti‐Liberalism. Critical Review of International Social and Political Philosophy: Vol. 9, The Political Theory of John Gray, pp. 137-154.
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  • 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 (...)
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  • Should We Stop Thinking About Poverty in Terms of Helping the Poor?Alan Patten - 2005 - Ethics and International Affairs 19 (1):19-27.
    According to what Patten calls the "need-based" view, "we have a very strong and extensive set of duties to come to the assistance of the global poor: duties that are grounded in the neediness of the poor.".
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  • Is public reason innocuous?Patrick Neal - 2008 - Critical Review of International Social and Political Philosophy 11 (2):131-152.
    Rawls?s controversial idea of public reason is often criticized for being exclusionary and unfair. Yet it is possible to read the idea of public reason as being largely innocuous, especially if one attends to all the qualifications and specifications of the idea that Rawls articulated. This essay pursues such a reading, by systematically considering each element of qualification that Rawls built into the idea of public reason. Considered together and in terms of their cumulative effect, they make the innocuous reading (...)
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  • Sharing the costs of political injustices.Avia Pasternak - 2011 - Politics, Philosophy and Economics 10 (2):188-210.
    It is commonly thought that when democratic states act wrongly, they should bear the costs of the harm they cause. However, since states are collective agents, their financial burdens pass on to their individual citizens. This fact raises important questions about the proper distribution of the state’s collective responsibility for its unjust policies. This article identifies two opposing models for sharing this collective responsibility in democracies: first, in proportion to citizens’ personal association with the unjust policy; second, by giving each (...)
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  • 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 (...)
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  • Getting to the Root of Gender Inequality: Structural Injustice and Political Responsibility.Serena Parekh - 2011 - Hypatia 26 (4):672-689.
    In this paper, I argue that there is a philosophical basis for the claim that states can be held responsible for structural injustices such as gender discrimination and violence—a claim that has been made in international human rights documents, but one that has not gained much normative force. To show this, I draw on and develop Iris Young's notion of “political responsibility.” The purpose of political responsibility is not to find fault or blame the state for a past wrong, but (...)
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  • Walls and Laws: Proximity, distance and the doubleness of the border.Marianna Papastephanou - 2011 - Educational Philosophy and Theory 43 (3):209-224.
    In this article, I explore the way in which proximity and distance have been made relevant to cosmopolitanism and I discuss the significance contemporary theory attributes to border crossing. By employing colonial border crossing and its rationalization as an example, and by drawing from Alain Badiou's critique of political philosophy, I expose some of the problems of facile and faddish approaches to planetary movement. I argue that the real borders to be crossed by true cosmopolitans are internal and, regrettably, traversible, (...)
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  • Rawls' theory of justice and citizenship education.Marianna Papastephanou - 2005 - Journal of Philosophy of Education 39 (3):499–518.
    Political liberalism purports to be independent from any controversial philosophical presuppositions, and its basic principles and features are often presented as the most accommodating of difference and heterogeneity, so long as the latter is not illiberal, oppressive and fanatic. Educational theory welcomes this assumption and attempts to utilise it in citizenship curriculum debates, often in a receptive and arguably uncritical way. I shall critique the above by unveiling the contestable epistemological and anthropological theses underlying Rawls' difference principle and by discussing (...)
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  • Inclusivist Egalitarian Liberalism and Temporary Migration: A Dilemma.Valeria Ottonelli & Tiziana Torresi - 2012 - Journal of Political Philosophy 20 (2):202-224.
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  • 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.
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  • Climate change: Responsibility, democracy and communication.Patrick O’Mahony - 2015 - European Journal of Social Theory 18 (3):308-326.
    Reference to responsibility is prominent in discussions of climate change of every kind. Certain dimensions of the issue call it forth. These include, above all, the planetary scale of the problem and the corresponding sense of endangerment, along with lack of clarity on what exactly needs to be done and who should do it. The question of planetary responsibility has been around for some time. The limits to growth debate of more than 40 years ago already indicated concern about the (...)
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  • A New Framework for Understanding Inequalities Between Expatriates and Host Country Nationals.Victor Oltra, Jaime Bonache & Chris Brewster - 2013 - Journal of Business Ethics 115 (2):291-310.
    An interdisciplinary theoretical framework is proposed for analysing justice in global working conditions. In addition to gender and race as popular criteria to identify disadvantaged groups in organizations, in multinational corporations (MNCs) local employees (i.e. host country nationals (HCNs) working in foreign subsidiaries) deserve special attention. Their working conditions are often substantially worse than those of expatriates (i.e. parent country nationals temporarily assigned to a foreign subsidiary). Although a number of reasons have been put forward to justify such inequalities—usually with (...)
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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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  • Beyond Sectarianism? On David Miller’s Theory of Human Rights.Kieran Oberman - 2013 - Res Publica 19 (3):275-283.
    In his most recent book, National Responsibility and Global Justice, David Miller presents an account of human rights grounded on the idea of basic human needs. Miller argues that his account can overcome what he regards as a central problem for human rights theory: the need to provide a ‘non-sectarian’ justification for human rights, one that does not rely on reasons that people from non-liberal societies should find objectionable. The list of human rights that Miller’s account generates is, however, minimal (...)
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  • Rawls's Political Liberalism. A Reassessment.Martha Nussbaum - 2011 - Ratio Juris 24 (1):1-24.
    Since Rawls's Political Liberalism is by now the subject of a wide and deep philosophical literature, much of it excellent in quality, it would be foolhardy to attempt to say something about each of the major issues of the work, or to sort through debates that can easily be located elsewhere. I have therefore decided to focus on a small number of issues where there is at least some chance that a fresh approach may yield some new understanding of the (...)
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  • The universality of jewish ethics: A rejoinder to secularist critics.David Novak - 2008 - Journal of Religious Ethics 36 (2):181-211.
    Jewish ethics like Judaism itself has often been charged with being "particularistic," and in modernity it has been unfavorably compared with the universality of secular ethics. This charge has become acute philosophically when the comparison is made with the ethics of Kant. However, at this level, much of the ethical rejection of Jewish particularism, especially its being beholden to a God who is above the universe to whom this God prescribes moral norms and judges according to them, is also a (...)
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  • Justice and Fairness for Mkangawalo People: The Case of the Kilombero Large-scale Land Acquisition (LaSLA) Project in Tanzania.Ernest Nkansah-Dwamena & Aireona Bonnie Raschke - 2021 - Ethics, Policy and Environment 24 (2):137-163.
    Large-scale land acquisitions (LaSLA), otherwise ‘land grabbing’ in Sub-Saharan Africa (SSA), raise difficult normative questions the current literature does not sufficiently explore. LaSLA is associated with development opportunities; however, it also threatens the well-being of local people because of displacement and dispossession. To investigate the processes and outcomes for LaSLA to be considered as ‘just and fair,’ we evaluate the impacts of a LaSLA project on local livelihoods in Tanzania. Specifically, we apply John Rawls’ Theory of Justice to the project (...)
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  • Should we open borders? Yes, but not in the name of global justice.Borja Niño Arnaiz - 2022 - Ethics and Global Politics 15 (2):55-68.
    Some proponents of global justice question that opening borders is an effective strategy to alleviate global poverty and reduce inequalities between countries. This article goes a step further and asks whether an open borders policy is compatible with the objectives of global distributive justice. The latter, it will be argued, entails the ordering of needs, the assignment of priorities and the preference or subordination of some interests over others. In other words, global justice requires the establishment of conditions and restrictions (...)
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  • Who’s afraid of a world state? A global sovereign and the statist-cosmopolitan debate.Shmuel Nili - 2015 - Critical Review of International Social and Political Philosophy 18 (3):241-263.
    Wary of quick statist dismissal of their proposals, cosmopolitans have been careful not to associate themselves with a world state. I argue that this caution is mistaken: cosmopolitans should see the vision of a world state as strategically valuable in exposing weaknesses in statist accounts, particularly of the Rawlsian variety. This strategic value follows if the only cogent arguments against a world state belong to non-ideal theory which assumes non-compliance, rather than to ideal theory with its core assumption of full (...)
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  • Social freedom as ideology.Karen Ng - 2018 - Philosophy and Social Criticism 45 (7):795-818.
    This article explores objections made against ideal theorizing in political philosophy by two prominent contemporary critical theorists: Axel Honneth and Charles Mills. In Freedom’s Right, Honneth...
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  • A Liberal Theory of Collective Rights.Dwight Newman - 2019 - Philosophical Review 128 (3):375-378.
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  • Towards a Transcultural Concept of Justice Based on Self-respect.Christian Neuhäuser - 2020 - Yearbook for Eastern and Western Philosophy 4 (1):261-276.
    The idea of global justice faces a serious challenge. We live in one global society and many regional and local societies at the same time. The existing plurality of institutional as well as cultural levels of social connection leads to this general question: what is the right site for addressing different questions of justice? Some philosophers argue that the paramount place for thinking about justice is the global level, but other philosophers claim that questions of justice presuppose a certain institutional (...)
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  • Shared intentions, public reason, and political autonomy.Blain Neufeld - 2019 - Canadian Journal of Philosophy 49 (6):776-804.
    John Rawls claims that public reasoning is the reasoning of ‘equal citizens who as a corporate body impose rules on one another backed by sanctions of state power’. Drawing on an amended version of Michael Bratman’s theory of shared intentions, I flesh out this claim by developing the ‘civic people’ account of public reason. Citizens realize ‘full’ political autonomy as members of a civic people. Full political autonomy, though, cannot be realised by citizens in societies governed by a ‘constrained proceduralist’ (...)
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  • Liberal Foreign Policy and the Ideal of Fair Social Cooperation.Blain Neufeld - 2013 - Journal of Social Philosophy 44 (3):291-308.
    In The Law of Peoples Rawls claims that liberal well-ordered societies (LWOSs) should regard certain non-liberal societies, decent hierarchical societies (DHSs), as equal members of a just international order, a ‘Society of Peoples.’ Rawls maintains, however, that while the ‘basic structures’ (the main political and economic institutions) of LWOSs are fair systems of social cooperation, the basic structures of DHSs are only ‘decent’ systems of social cooperation. I explain why the basic structures of DHSs cannot be fair systems of social (...)
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  • Civic respect, civic education, and the family.Blain Neufeld & Gordon Davis - 2010 - Educational Philosophy and Theory 42 (1):94-111.
    We formulate a distinctly 'political liberal' conception of mutual respect, which we call 'civic respect', appropriate for governing the public political relations of citizens in pluralist democratic societies. A political liberal account of education should aim at ensuring that students, as future citizens, learn to interact with other citizens on the basis of civic respect. While children should be required to attend educational institutions that will inculcate in them the skills and concepts necessary for them to be free and equal (...)
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  • 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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  • 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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  • Can we overcome the anthropocentrism bias in sustainability discourse?Piet Naudé - 2017 - African Journal of Business Ethics 11 (2).
    Based on a turn to the rational human subject in Descartes, Kant and Feuerbach, this paper critically examines four efforts at shaping sustainability discourse: the definition of sustainability in Our common future; stewardship Christian theology; forms of partisan justice; and GDP as measure of economic growth. These efforts made certain advances, but because they share the underlying anthropocentric bias of Western philosophy, they fail to step out of the current sustainability paradigm. The paper closes with two suggestions of how to (...)
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  • The law of peoples: The old and the new.Chris Naticchia - 2005 - Journal of Moral Philosophy 2 (3):353-369.
    John Rawls produced two versions of the law of peoples: an article, published in 1993, and a book, published in 1999. Both versions defend basic human rights as a minimum requirement of a just law of peoples. However, in an apparent effort to strengthen his defense of this requirement, the argument changed. This paper examines the apparent difficulties that forced the changes and maintains that they still do not succeed in justifying basic human rights. The source of the difficulty, I (...)
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  • The new realism and the old.Terry Nardin - 2017 - Critical Review of International Social and Political Philosophy 20 (3):314-330.
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  • Theorizing international fairness.Nancy Kokaz - 2005 - Metaphilosophy 36 (1‐2):68-92.
    Institutionalized practices of collective justification are central for theorizing international fairness. Institutions matter because they play a significant part in the construal of fairness claims through the provision of internal standards for moral assessment. Conceptions of international fairness must spell out how collective justification works by addressing the jurisprudential and institutional issues at stake in the specification of the moral grounds for compliance with international institutions on the one hand and international civil disobedience on the other. Theoretical models of institutions (...)
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  • Rationality and religion in the public debate on embryo stem cell research and prenatal diagnostics.Bjørn K. Myskja - 2009 - Medicine, Health Care and Philosophy 12 (2):213-224.
    Jürgen Habermas has argued that religious views form a legitimate background for contributions to an open public debate, and that religion plays a particular role in formulating moral intuitions. Translating religious arguments into “generally accessible language” (Habermas, Eur J Philos 14(1):1–25, 2006) to enable them to play a role in political decisions is a common task for religious and non-religious citizens. The article discusses Habermas’ view, questioning the particular role of religion, but accepting the significance of including such counter-voices to (...)
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  • Precaution or Integrated Responsibility Approach to Nanovaccines in Fish Farming? A Critical Appraisal of the UNESCO Precautionary Principle.Anne Ingeborg Myhr & Bjørn K. Myskja - 2011 - NanoEthics 5 (1):73-86.
    Nanoparticles have multifaceted advantages in drug administration as vaccine delivery and hence hold promises for improving protection of farmed fish against diseases caused by pathogens. However, there are concerns that the benefits associated with distribution of nanoparticles may also be accompanied with risks to the environment and health. The complexity of the natural and social systems involved implies that the information acquired in quantified risk assessments may be inadequate for evidence-based decisions. One controversial strategy for dealing with this kind of (...)
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  • A Human Right to What Kind of Health?Kathryn Muyskens - 2022 - Ethics and Social Welfare 16 (4):364-379.
    Until now, it has mostly been assumed that the kind of health the human right to health is concerned with is clearly understood and universal. Here, I question this assumption and offer an explicitly political and pluralistic account of health that is designed to help guide international and cross-cultural interventions on behalf of health. In order to be a useful mechanism of accountability, the human right to health needs an enforceable minimum standard of health by which to judge situations and (...)
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  • The economics and philosophy of the brain drain: A critical perspective from the periphery.Seán M. Muller - 2017 - South African Journal of Philosophy 36 (1):115-132.
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  • Can Deliberative Democracy Be Partisan?Russell Muirhead - 2010 - Critical Review: A Journal of Politics and Society 22 (2-3):129-157.
    Any workable ideal of deliberative democracy that includes elections will need modern democracy's ever-present ally, parties. Since the primary function of parties is to win office rather than to reflect on public questions, parties are potential problems for the deliberative enterprise. They are more at home in aggregative models of democracy than in deliberative models. While deliberative democracy will need its moments of aggregation—and therefore, must have parties—partisans as they actually arise in the political world possess traits that undermine the (...)
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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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  • 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 (...)
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  • Moral antirealism, internalism, and sport.William J. Morgan - 2004 - Journal of the Philosophy of Sport 31 (2):161-183.
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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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