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The Rule of Law: AD 1075

In A Brief History of Liberty. Oxford, UK: Wiley‐Blackwell. pp. 60–92 (2010)

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  1. Confucian freedom: assessing the debate.Robert A. Carleo - 2021 - Asian Philosophy 31 (3):211-228.
    What place does freedom have in Confucianism? We find a wide spectrum of views on the matter: some deny that Confucians value or even conceive of freedom, while others celebrate uniquely exalted forms of Confucian freedom. This paper examines the range of proposals, finding consensus among these diverse views in that all identify distinctive Confucian emphases on (i) subjective affirmation of the good and (ii) the cultivation of desires and intentions to align with that good. The variation among views of (...)
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  • Libertarianism after Nozick.Jason Brennan - 2018 - Philosophy Compass 13 (2):e12485.
    Robert Nozick's Anarchy, State, and Utopia made libertarianism a major theory in political philosophy. However, the book is often misread as making impractical, question‐begging arguments on the basis of a libertarian self‐ownership principle. This essay explains how academic philosophical libertarianism since Robert Nozick has returned to its humanistic, classical liberal roots. Contemporary libertarians largely work within the PPE (politics, philosophy, and economics) tradition and do what Michael Huemer calls “non‐ideal, non‐theory.” They more or less embrace rather than reject ideals of (...)
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  • Is Market Society Intrinsically Repugnant?Jason Brennan - 2013 - Journal of Business Ethics 112 (2):271-281.
    In Why Not Socialism ?, G. A. Cohen argues that market society and capitalism are intrinsically repugnant. He asks us to imagine an ideal camping trip, which becomes increasing repugnant as it shifts from living by socialist to capitalist principles. In this paper, I expose the limits of this style of argument by making a parallel argument, which shows how an ideal anarchist camping trip becomes increasingly repugnant as the campsite turns from anarchism to democracy. When we see why this (...)
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  • For-Profit Business as Civic Virtue.Jason Brennan - 2012 - Journal of Business Ethics 106 (3):313-324.
    According to the commonsense view of civic virtue, the places to exercise civic virtue are largely restricted to politics. In this article, I argue for a more expansive view of civic virtue, and argue that one can exercise civic virtue equally well through working for or running a for-profit business. I argue that this conclusion follows from four relatively uncontroversial premises: (1) the consensus definition of “civic virtue”, (2) the standard, most popular theory of virtuous activity, (3) a conception of (...)
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  • A libertarian case for mandatory vaccination.Jason Brennan - 2018 - Journal of Medical Ethics 44 (1):37-43.
    This paper argues that mandatory, government-enforced vaccination can be justified even within a libertarian political framework. If so, this implies that the case for mandatory vaccination is very strong indeed as it can be justified even within a framework that, at first glance, loads the philosophical dice against that conclusion. I argue that people who refuse vaccinations violate the ‘clean hands principle’, a moral principle that prohibits people from participating in the collective imposition of unjust harm or risk of harm. (...)
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  • Epistocracy is a Wolf in Wolf’s Clothing.Justin Klocksiem - 2019 - The Journal of Ethics 23 (1):19-36.
    ‘Epistocracy’ is the name of a type of political power structure in which the power is held by the knowledgable—for example, by restricting the right to vote to those who can demonstrate sufficient knowledge. Though Plato and Mill defended epistocratic views, it has found few contemporary advocates. In a recent book, however, Jason Brennan argues that epistocratic power structures are capable of outperforming democratic ones. His argument is two-pronged: first, he argues that democratic procedures with universal suffrage allow poorly-informed voters (...)
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