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  1. Famine, Affluence, and Confucianism: Reconstructing a Confucian Perspective on Global Distributive Justice.Baldwin Wong - 2023 - Dao: A Journal of Comparative Philosophy 22 (2):217-235.
    Recently, most of the discussions in Confucian political theory have concentrated on whether Confucianism is compatible with local political practices, such as liberal democracy. The question of how Confucians view global distributive justice has not yet received critical attention. This essay aims to fill this gap. I will first describe a contractualist methodology, which aims at deriving substantial political principles from a formal conception of the person. Then I will discuss what conception of the person Confucianism assumes. Finally, I will (...)
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  • Consenting to Geoengineering.Pak-Hang Wong - 2016 - Philosophy and Technology 29 (2):173-188.
    Researchers have explored questions concerning public participation and consent in geoengineering governance. Yet, the notion of consent has received little attention from researchers, and it is rarely discussed explicitly, despite being prescribed as a normative requirement for geoengineering research and being used in rejecting some geoengineering options. As it is noted in the leading geoengineering governance principles, i.e. the Oxford Principles, there are different conceptions of consent; the idea of consent ought to be unpacked more carefully if, and when, we (...)
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  • The quest for the legitimacy of the people: A contractarian approach.Marco Verschoor - 2015 - Politics, Philosophy and Economics 14 (4):391-428.
    This article addresses the problem of ‘the legitimacy of the people’, that is, what constitutes the legitimate demarcation of the political units within which democracy is practiced? It is commonplace among philosophers to argue that this problem cannot be solved by appeal to democratic procedure because every attempt to do so results in an infinite regress. Based on a social contract theoretical analysis of the problem, this view is rejected. Although contract theorists have ignored the problem of the legitimacy of (...)
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  • The democratic boundary problem and social contract theory.Marco Verschoor - 2018 - European Journal of Political Theory 17 (1):3-22.
    How to demarcate the political units within which democracy will be practiced? Although recent years have witnessed a steadily increasing academic interest in this question concerning the boundary problem in democratic theory, social contract theory’s potential for solving it has largely been ignored. In fact, contract views are premised on the assumption of a given people and so presuppose what requires legitimization: the existence of a demarcated group of individuals materializing, as it were, from nowhere and whose members agree among (...)
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  • Respecting Human Dignity: Contract versus Capabilities.Cynthia A. Stark - 2009 - Metaphilosophy 40 (3-4):366-381.
    There appears to be a tension between two commitments in liberalism. The first is that citizens, as rational agents possessing dignity, are owed a justification for principles of justice. The second is that members of society who do not meet the requirements of rational agency are owed justice. These notions conflict because the first commitment is often expressed through the device of the social contract, which seems to confine the scope of justice to rational agents. So, contractarianism seems to ignore (...)
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  • How to Include the Severely Disabled in a Contractarian Theory of Justice.Cynthia A. Stark - 2007 - Journal of Political Philosophy 15 (2):127-145.
    This paper argues that, with modification, Rawls's social contract theory can produce principles of distributive justice applying to the severely disabled. It is a response to critics who claim that Rawls's assumption that the parties in the original position represent fully cooperating citizens excludes the disabled from the social contract. I propose that this idealizing assumption should be dropped at the constitutional stage of the contract where the parties decide on a social minimum. Knowing that they might not be fully (...)
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  • Structured Finance and the Social Contract: How Tranching Challenges Contractualist Approaches to Financial Risk.Tobey Scharding - 2019 - Business Ethics Quarterly 29 (1):1-24.
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  • Utilitarianism, Altruism, and Consent.Meacham Christopher - 2022 - Journal of Ethics and Social Philosophy 21 (1).
    A number of criticisms of Utilitarianism – such as “nearest and dearest” objections, “demandingness” objections, and “altruistic” objections – arise because Utilitarianism doesn’t permit partially or wholly disregarding the utility of certain subjects. A number of authors, including Sider, Portmore and Vessel, have responded to these objections by suggesting we adopt “dual-maximizing” theories which provide a way to incorporate disregarding. And in response to “altruistic” objections in particular – objections noting that it seems permissible to make utility-decreasing sacrifices – these (...)
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  • Frames, Choice-Reversal, and Consent.Luke Gelinas - 2015 - Ethical Theory and Moral Practice 18 (5):1049-1057.
    Recently Jason Hanna has argued that a particular type of susceptibility to framing effects—namely, the tendency to reverse one’s choice between certain logically equivalent frames—invalidates actual tokens of consent. Here I argue that this claim is false: proneness to choice-reversal per se between the relevant types of frames does not invalidate consent.
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  • The grammar of political obligation.Thomas Fossen - 2014 - Politics, Philosophy and Economics 13 (3):215-236.
    This essay presents a new way of conceptualizing the problem of political obligation. On the traditional ‘normativist’ framing of the issue, the primary task for theory is to secure the content and justification of political obligations, providing practically applicable moral knowledge. This paper develops an alternative, ‘pragmatist’ framing of the issue, by rehabilitating a frequently misunderstood essay by Hanna Pitkin and by recasting her argument in terms of the ‘pragmatic turn’ in recent philosophy, as articulated by Robert Brandom. From this (...)
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  • Do We Have Reasons to Obey the Law?Edmund Tweedy Flanigan - 2020 - Journal of Ethics and Social Philosophy 17 (2):159-197.
    Instead of the question, ‘do we have an obligation to obey the law?,’ we should first ask the more modest question, ‘do we have reasons to obey the law?’ This paper offers a new account of the notion of the content-independence of legal reasons in terms of the grounding relation. That account is then used to mount a defense of the claim that we do indeed have content-independent moral reasons to obey the law (because it is the law), and that (...)
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  • State of the Art: The Duty to Obey the Law.William A. Edmundson - 2004 - Legal Theory 10 (4):215–259.
    Philosophy, despite its typical attitude of detachment and abstraction, has for most of its long history been engaged with the practical and mundane-seeming question of whether there is a duty to obey the law. As Matthew Kramer has recently summarized: “For centuries, political and legal theorists have pondered whether each person is under a general obligation of obedience to the legal norms of the society wherein he or she lives. The obligation at issue in those theorists' discussions is usually taken (...)
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  • Control, consent and political legitimacy.Robin Douglass - 2016 - Critical Review of International Social and Political Philosophy 19 (2):121-140.
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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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  • Justification, legitimacy, and social embeddedness: Locke and Rawls on society and the state.Simon Cushing - 2003 - Journal of Value Inquiry 37 (2):217-231.
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  • Contractarianism and Interspecies Welfare Conflicts.Andrew I. Cohen - 2009 - Social Philosophy and Policy 26 (1):227-257.
    In this essay I describe how contractarianism might approach interspecies welfare conflicts. I start by discussing a contractarian account of the moral status of nonhuman animals. I argue that contractors can agree to norms that would acknowledge the “moral standing” of some animals. I then discuss how the norms emerging from contractarian agreement might constrain any comparison of welfare between humans and animals. Contractarian agreement is likely to express some partiality to humans in a way that discounts the welfare of (...)
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  • A Rawlsian Solution to the New Demarcation Problem.Frank Cabrera - 2022 - Canadian Journal of Philosophy 52 (8):810-827.
    In the last two decades, a robust consensus has emerged among philosophers of science, whereby political, ethical, or social values must play some role in scientific inquiry, and that the ‘value-free ideal’ is thus a misguided conception of science. However, the question of how to distinguish, in a principled way, which values may legitimately influence science remains. This question, which has been dubbed the ‘new demarcation problem,’ has until recently received comparatively less attention from philosophers of science. In this paper, (...)
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  • The Rights of the Guilty: Punishment and Political Legitimacy.Corey Brettschneider - 2007 - Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...)
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  • The Arrow of Care Map: Abstract Care in Ideal Theory.Asha L. Bhandary - 2017 - Feminist Philosophy Quarterly 3 (4):1-27.
    This paper advances a framework to conceptualize societal care-giving arrangements abstractly. It is abstract in that it brackets the meaning of our particular relationships. This framework, which I call “the arrow of care map”, is a descriptive tracking model that is a necessary component of a theory of justice, but it is not a normative prescription in itself. The basic idea of the map is then multiply specifiable to track various ascriptive identity categories as well as different categories of care (...)
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  • Caring for Whom? Racial Practices of Care and Liberal Constructivism.Asha Leena Bhandary - 2022 - Philosophies 7 (4):78.
    Inequalities in expectations to receive care permeate social structures, reinforcing racialized and gendered hierarchies. Harming the people who are overburdened and disadvantaged as caregivers, these inequalities also shape the subjectivities and corporeal habits of the class of people who expect to receive care from others. With three examples, I illustrate a series of justificatory asymmetries across gender and racial lines that illustrate asymmetries in deference and attendance to the needs of others as well as assertions of the rightful occupation of (...)
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  • Substituted decision making and the dispositional choice account.Anna-Karin Margareta Andersson & Kjell Arne Johansson - 2018 - Journal of Medical Ethics 44 (10):703.1-709.
    There are two main ways of understanding the function of surrogate decision making in a legal context: the Best Interests Standard and the Substituted Judgment Standard. First, we will argue that the Best Interests Standard is difficult to apply to unconscious patients. Application is difficult regardless of whether they have ever been conscious. Second, we will argue that if we accept the least problematic explanation of how unconscious patients can have interests, we are also obliged to accept that the Substituted (...)
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  • Political legitimacy.Fabienne Peter - 2010 - Stanford Encyclopedia of Philosophy.
    Political legitimacy is a virtue of political institutions and of the decisions—about laws, policies, and candidates for political office—made within them. This entry will survey the main answers that have been given to the following questions. First, how should legitimacy be defined? Is it primarily a descriptive or a normative concept? If legitimacy is understood normatively, what does it entail? Some associate legitimacy with the justification of coercive power and with the creation of political authority. Others associate it with the (...)
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  • Contemporary Approaches to the Social Contract.Fred D'Agostino, John Thrasher & Gerald Gaus - 2011 - Stanford Encyclopedia of Philosophy.
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  • The Presumption of Equality.Cynthia Stark - 2018 - Law. Ethics and Philosophy 6:7-27.
    Many distributive egalitarians do not endorse strict equality of goods. Rather, they treat an equal division as having a special status such that departures from equality must be justified. They claim, then, that an equal division is “presumptively” just. Though the idea that equality is presumptively just and that departures from it may be just has intuitive appeal, making a case for this idea proves difficult. I argue, first, that extant “presumption arguments” are unsound. Second, I distill two general philosophical (...)
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