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Means and Ends

Jurisprudence 6 (1):1-23 (2015)

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  1. Political Legitimacy: What’s Wrong with the Power-Liability View?Kjartan Mikalsen - 2024 - Moral Philosophy and Politics 11 (1):29-50.
    In this paper, I take issue with Arthur Isak Applbaum’s power-liability view of political legitimacy. In contrast to the traditional view that legitimate rule entails a moral duty to obey, here called the right-duty view, Applbaum argues that political legitimacy is a moral power that entails moral liability for the subjects of political rule. According to Applbaum, the power-liability view helps us explain how responsible citizens in some cases can act contrary to law while still recognizing the claims of law. (...)
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  • Procedural rights and factual accuracy.Hamish Stewart - 2020 - Legal Theory 26 (2):156-179.
    ABSTRACTPeople have procedural rights because states are under a duty of political morality to provide them with fair procedures for settling disputes about the application of the laws. This obligation flows from the state's duty to treat each person as a free and equal member of the legal order. Yet adherence to procedural rights can impede accuracy in fact-finding, which in turn can result in poor protection for substantive rights. So the state also has a duty to provide a reasonable (...)
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  • The place of instrumental reasoning in law.Hamish Stewart - 2019 - Jurisprudence 11 (1):28-47.
    Most people think of law as an instrument that can help us achieve human purposes that can themselves be adequately specified without reference to law or legal ideas. But a number of scholars, asso...
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