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  1. Morality and freedom.By Alan Carter - 2003 - Philosophical Quarterly 53 (211):161–180.
    What might be termed 'the problem of morality' concerns how freedom-restricting principles may be justified, given that we value our freedom. Perhaps an answer can be found in freedom itself. For if the most obvious reason for rejecting moral demands is that they invade one's personal freedom, then the price of freedom from invasive demands that others would otherwise make may well require everyone accepting freedom in general, say, as a value that provides sufficient reason for adhering to principles that (...)
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  • 'I did it my way': Some thoughts on autonomy.Richard Norman - 1994 - Journal of Philosophy of Education 28 (1):25–34.
    This paper addresses three questions raised by recent literature on the concept of ‘autonomy’. (I) Should the value of autonomy more properly be seen as a moral constraint or as a goal of action? (2) Is autonomy either possible or desirable, given the ways in which human beings are located within a situation and a community? (3) If autonomy is a desirable goal, is it a universal value or merely one appropriate to modern liberal-democratic societies? Use is made of the (...)
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  • Cicero's authority.Jean Goodwin - 1999 - Philosophy and Rhetoric 34 (1):38-60.
    In this paper I propose to continue the analysis of the appeal to authority begun at the last OSSA conference. I proceed by examining the well-documented use of the appeal made by the ancient Roman advocate, Cicero. The fact that Cicero expressed his opinion was expectably sufficient to give his auditors--responsible citizens all--reason to do as he desired. But why? The resolution of this puzzle points to a strong sense in which arguments can be called rhetorical , for the rational (...)
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  • Smashing the state gently: Radical realism and realist anarchism.Gearóid Brinn - 2020 - European Journal of Political Theory 19 (2):206-227.
    The revival of realism in political theory has included efforts to challenge realism’s conservative reputation and argue that radical forms are possible. Nonetheless these efforts have been criticised as insufficient to overcome realism’s inherent conservatism. This article argues that radical forms of realism can be better appreciated by considering the application of the realist perspective within an existing radical ideology: anarchism. This may seem an unusual choice, considering anarchism’s standard representation as naïvely idealistic and paradigmatically non-realist. However, attention to the (...)
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  • Government Policy Experiments and Informed Consent.Douglas MacKay & Averi Chakrabarti - 2019 - Public Health Ethics 12 (2):188-201.
    Governments are increasingly making use of field experiments to evaluate policy interventions in the spheres of education, public health and welfare. However, the research ethics literature is largely focused on the clinical context, leaving investigators, institutional review boards and government agencies with few resources to draw on to address the ethical questions they face regarding such experiments. In this article, we aim to help address this problem, investigating the conditions under which informed consent is required for ethical policy research conducted (...)
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  • Political Authority and Unjust Wars.Massimo Renzo - 2018 - Philosophy and Phenomenological Research 99 (2):336-357.
    Just war theory is currently dominated by two positions. According to the orthodox view, provided that jus in bello principles are respected, combatants have an equal right to fight, regardless of the justice of the cause pursued by their state. According to “revisionists” whenever combatants lack reasons to believe that the war they are ordered to fight is just, their duty is to disobey. I argue that when members of a legitimate state acting in good faith are ordered to fight, (...)
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  • Moral Steadfastness and Meta-ethics.James Fritz & Tristram McPherson - 2019 - American Philosophical Quarterly 56 (1):43-56.
    Call the following claim Asymmetry: rationality often requires a more steadfast response to pure moral disagreement than it does to otherwise analogous non-moral disagreement. This paper briefly motivates Asymmetry and explores its implications for meta-ethics. Some philosophers have thought that anti-realists are better-placed than realists to explain Asymmetry because, if anti-realism is true, disagreement cannot provide evidence against the reliability of one's thinking about objective moral facts. This paper argues that this simple diagnosis fails to support otherwise plausible anti-realisms. It (...)
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  • An Ethics of Uncertainty.C. Thi Nguyen - 2011 - Dissertation, Ucla
    Moral reasoning is as fallible as reasoning in any other cognitive domain, but we often behave as if it were not. I argue for a form of epistemically-based moral humility, in which we downgrade our moral beliefs in the face of moral disagreement. My argument combines work in metaethics and moral intuitionism with recent developments in epistemology. I argue against any demands for deep self-sufficiency in moral reasoning. Instead, I argue that we need to take into account significant socially sourced (...)
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  • (1 other version)The Soviet critique of new left legal theory: A descriptive bibliography.Toby Terrar - 1982 - Studies in Soviet Thought 24 (3):210-226.
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  • Joseph Raz’s Theory of Authority. [REVIEW]Kenneth Ehrenberg - 2011 - Philosophy Compass 6 (12):884-894.
    Joseph Raz’s theory of authority has become influential among moral, political, and legal philosophers. This article will provide an overview and accessible explanation of the theory, guiding those coming to it for the first time as to its theoretical ambitions within the wider issues of authority, and through its intricacies. I first situate the theory among philosophical examinations of authority, and then explain the theory itself in detail.
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  • Unauthorized but Permitted.James Rocha - 2013 - Philosophy in the Contemporary World 20 (1):1-14.
    While politicians seek to increase punitive measures against so-called "illegal aliens," it is worth asking whether unauthorized immigrants are obligated by immigration laws that would demand their punishment, whether it is deportation or jail time. I seek to examine this question in light of the traditional defenses of legal obligations: consent, prudential interest, and fairness. Due to the various ways in which the benefits of society are largely excluded from them and the severe penalties that the state seeks to impose (...)
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  • The epistemology of moral disagreement.Rach Cosker-Rowland - 2017 - Philosophy Compass 12 (2):1-16.
    This article is about the implications of a conciliatory view about the epistemology of peer disagreement for our moral beliefs. Many have endorsed a conciliatory view about the epistemology of peer disagreement according to which if we find ourselves in a disagreement about some matter with another whom we should judge to be our epistemic peer on that matter, we must revise our judgment about that matter. This article focuses on three issues about the implications of conciliationism for our moral (...)
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  • Hierarchies and Dignity: A Confucian Communitarian Approach.Jessica A. Kennedy, Tae Wan Kim & Alan Strudler - 2016 - Business Ethics Quarterly 26 (4):479-502.
    ABSTRACT:We discuss workers’ dignity in hierarchical organizations. First, we explain why a conflict exists between high-ranking individuals’ authority and low-ranking individuals’ dignity. Then, we ask whether there is any justification that reconciles hierarchical authority with the dignity of workers. We advance a communitarian justification for hierarchical authority, drawing upon Confucianism, which provides that workers can justifiably accept hierarchical authority when it enables a certain type of social functioning critical for the good life of workers and other involved parties. The Confucian (...)
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  • The authority of us : on the concept of legitimacy and the social ontology of authority.Adam Robert Arnold - unknown
    Authority figures permeate our daily lives, particularly, our political lives. What makes authority legitimate? The current debates about the legitimacy of authority are characterised by two opposing strategies. The first establish the legitimacy of authority on the basis of the content of the authority’s command. That is, if the content of the commands meet some independent normative standard then they are legitimate. However, there have been many recent criticisms of this strategy which focus on a particular shortcoming – namely, its (...)
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  • Fichte on Conscience.Owen Ware - 2017 - Philosophy and Phenomenological Research 95 (2):376-394.
    There is no question that Fichte's theory of conscience is central to his system of ethics. Yet his descriptions of its role in practical deliberation appear inconsistent, if not contradictory. Many scholars have claimed that for Fichte conscience plays a material role by providing the content of our moral obligations—the Material Function View. Some have denied this, however, claiming that conscience only plays a formal role by testing our moral convictions in any given case—the Formal Function View. My aim in (...)
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  • A Just Criminalization of Irregular Immigration: Is It Possible?Alessandro Spena - 2017 - Criminal Law and Philosophy 11 (2):351-373.
    The aim of this paper is to question, from the perspective of a principled theory of criminalization, the legitimacy of making irregular immigration a crime. In order to do this, I identify three main ways in which the political decision to introduce a crime of IM may be defended: according to the first, IM is a malum in se the wrongness of which resides in its being a violation of states’ territorial sovereignty; according to the second, IM is a justified (...)
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  • Rethinking the consequences of commercializing sport.Bogdan Ciomaga & Cody Kent - 2015 - Sport, Ethics and Philosophy 9 (1):18-31.
    In the sport ethics literature, the general attitude with regard to the influence of commercialization in sport is to draw attention to the ways it undermines sport and morally corrupts those involved in it. This paper attempts to provide a counternarrative to this literature, focusing on criticism of commodification of sport that revolves around the idea of fairness. A brief libertarian framework is presented and three characteristics of sport are outlined, which are shown to make sport a particularly well-suited context (...)
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  • Political Anarchism and Raz’s Theory of Authority.Bruno Leipold - 2015 - Res Publica 21 (3):309-329.
    This article argues that using Joseph Raz’s service conception of authority to reject philosophical anarchism can be affected by political anarchism. Whereas philosophical anarchism only denies the authority of the state, political anarchism claims that anarchism is a better alternative to the state. Raz’s theory holds that an institution has authority if it enables people to better conform with reason. I argue that there are cases where anarchism is an existing alternative to the state and better fulfils this condition. Consequently, (...)
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  • Real Politics and Metaethical Baggage.Sebastian Nye - 2015 - Ethical Theory and Moral Practice 18 (5):1083-1100.
    So-called 'realists' have argued that political philosophers should engage with real politics, but that mainstream 'non-realist' political philosophers fail to do so. Perhaps surprisingly, many of the discussions between realists and their critics have not drawn much on debates in metaethics. In this paper, I argue that this is an oversight. There are important connections between the realism/non-realism debate and certain controversies in metaethics. Both realism and non-realism come with metaethical baggage. By considering several arguments that could be made for (...)
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  • How Democratic is Civil Disobedience?Daniel Weinstock - 2016 - Criminal Law and Philosophy 10 (4):707-720.
    In her book, Conscience and Conviction, Kimberley Brownlee argues that there is nothing undemocratic about the robust, primary right to civil disobedience that she devotes most of her argument to defending. To the contrary, she holds that there is nothing paternalistic about civil disobedients opposing the will of democratic majorities, because, inter alia, democratic majorities cannot claim particular epistemic superiority, and because there are flaws inherent to democratic procedures that civil disobedience addresses. I hold that Brownlee’s arguments fail. In particular, (...)
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  • Ontological Commitments of Ethics and Economics.Karey Harrison - 2013 - Economic Thought 2 (1):1-19.
    This paper analyses the cognitive image schemas structuring the ontological commitments of dominant conceptions of ethics and economics to show that the content of economics is implicated in conceptions of ethics, and that these conceptions cannot be separated from questions of research and professional ethics. This analysis of the metaphoric structuring of the ontological commitments of ethics and economics is based on an extension of Kuhn's construct sense of 'paradigm' as concrete analogy; and on techniques of metaphoric analysis developed in (...)
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  • (1 other version)Freedom, Law and Authority.Norman Barry - 1988 - Royal Institute of Philosophy Supplement 24:191-223.
    Despite the emphasis on the state in the history of political philosophy, the twentieth century has been characterized by a remarkable lack of philosophical reflection on the concept. Until recently analytical philosophy had eschewed those evaluative arguments about political obligation and the limits of state authority that were typical of political theory in the past in favour of the explication of the meaning of the concept. However, even here the results have been disappointing. Logical Positivist attempts to locate some unique (...)
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  • The Limits of Traditional Approaches to Informed Consent for Genomic Medicine.Thomas May, Kaija L. Zusevics, Arthur Derse, Kimberly A. Strong, Jessica Jeruzal, Alison La Pean Kirschner, Michael H. Farrell & Ryan Spellecy - 2014 - HEC Forum 26 (3):185-202.
    This paper argues that it will be important for new genomic technologies to recognize the limits of traditional approaches to informed consent, so that other-regarding implications of genomic information can be properly contextualized and individual rights respected. Respect for individual autonomy will increasingly require dynamic consideration of the interrelated dimensions of individual and broader community interests, so that the interests of one do not undermine fundamental interests of the other. In this, protection of individual rights will be a complex interplay (...)
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  • Agency and Self‐Sufficiency in Fichte's Ethics.Michelle Kosch - 2015 - Philosophy and Phenomenological Research 91 (2):348-380.
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  • Finnis on the authority of law and the common good.George Duke - 2013 - Legal Theory 19 (1):44-62.
    This paper seeks to elucidate the role played by the common good in John Finnis's arguments for a generic and presumptive moral obligation to obey the law.1 Finnis's appeal to the common good constitutes a direct challenge to liberal and philosophical anarchist denials of a generic and presumptive obligation to obey the law.2 It is questionable, however, whether Finnis has presented the strongest possible case for his position. In the first section I outline Finnis's account of the relationship between basic (...)
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  • Assessing the global order: justice, legitimacy, or political justice?Laura Valentini - 2012 - Critical Review of International Social and Political Philosophy 15 (5):593-612.
    Which standards should we employ to evaluate the global order? Should they be standards of justice or standards of legitimacy? In this article, I argue that liberal political theorists need not face this dilemma, because liberal justice and legitimacy are not distinct values. Rather, they indicate what the same value, i.e. equal respect for persons, demands of institutions under different sets of circumstances. I suggest that under real-world circumstances – characterized by conflicts and disagreements – equal respect demands basic-rights protection (...)
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  • Raz on Authority and Democracy.David Rondel - 2012 - Dialogue 51 (2):211-230.
    ABSTRACT: I argue that Joseph Raz’s service conception of authority cannot convincingly account for the nature and source of democratic authority. It cannot explain why decisions made democratically are more likely to be sound than decisions made non-democratically, and therefore, why democratic decisions might be understood as constituting moral reasons for action and compliance independently of their instrumental dimensions. My argument is that democratic authority cannot be explained completely in terms of the truth or soundness of the outcomes it tends (...)
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  • Global climate change: interests of foreigners.Amarbayasgalan Dorjderem - 2011 - Ethics in Science and Environmental Politics 11 (1):31-37.
    My interest here is to consider ‘whether non-violent civil disobedience should be used as a means to promote action on global climate change’ (Lemons & Brown 2011, p. 3), as a result of one’s obligation towards the members of one’s own political community. In the second part, the interests of nongoverned persons are considered within the scope of political obligation, including the authors’ appeal to Gandhi’s movement and autonomy to protect the interests of foreigners in conjunction with civil disobedience.
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  • The Ethical and Economic Case Against Sweatshop Labor: A Critical Assessment. [REVIEW]Benjamin Powell & Matt Zwolinski - 2012 - Journal of Business Ethics 107 (4):449-472.
    During the last decade, scholarly criticism of sweatshops has grown increasingly sophisticated. This article reviews the new moral and economic foundations of these criticisms and argues that they are flawed. It seeks to advance the debate over sweatshops by noting the extent to which the case for sweatshops does, and does not, depend on the existence of competitive markets. It attempts to more carefully distinguish between different ways in which various parties might seek to modify sweatshop behavior, and to point (...)
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  • The Aim of a Theory of Justice.Martijn Boot - 2012 - Ethical Theory and Moral Practice 15 (1):7-21.
    Amartya Sen argues that for the advancement of justice identification of ‘perfect’ justice is neither necessary nor sufficient. He replaces ‘perfect’ justice with comparative justice. Comparative justice limits itself to comparing social states with respect to degrees of justice. Sen’s central thesis is that identifying ‘perfect’ justice and comparing imperfect social states are ‘analytically disjoined’. This essay refutes Sen’s thesis by demonstrating that to be able to make adequate comparisons we need to identify and integrate criteria of comparison. This is (...)
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  • Shen Dao’s Own Voice in the Shenzi Fragments.Soon-ja Yang - 2011 - Dao: A Journal of Comparative Philosophy 10 (2):187-207.
    Feizi 韓非子 in terms of the concept of shi 勢 (circumstantial advantage, power, or authority). This argument is based on the A Critique of Circumstantial Advantage (Nanshi 難勢) chapter of the Hanfeizi, where Han Feizi advances his own idea of shi after criticizing both Shen Dao and an anonymous Confucian. However, there are other primary sources to contain Shen Dao’s thought, namely, seven incomplete Shenzi 慎子 chapters of the Essentials on Government from the Assemblage of Books (Qunshu zhi yao 群書治要) (...)
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  • Political Versus Moral Justification.Nicholas Southwood - 2003 - Southern Journal of Philosophy 41 (2):261-281.
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  • The Epistemological Moral Relevance of Democracy.Carlos S. Nino - 1991 - Ratio Juris 4 (1):36-51.
    The author deals with one aspect of the justification of governmental action and its product (the law). He focuses on the authoritative character of legal rule, analyzing the apparent capacity of governments to produce reasons for action not grounded on substantive moral considerations. The assumption of that capacity seems necessary in order to establish a general moral obligation to obey a government irrespective of the actions required. This question is faced in connection with the thesis that only a particular form (...)
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  • Associative Obligation and Law's Authority.Stephen Utz - 2004 - Ratio Juris 17 (3):285-314.
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  • Imagining a non-biological machine as a legal person.David J. Calverley - 2008 - AI and Society 22 (4):523-537.
    As non-biological machines come to be designed in ways which exhibit characteristics comparable to human mental states, the manner in which the law treats these entities will become increasingly important both to designers and to society at large. The direct question will become whether, given certain attributes, a non-biological machine could ever be viewed as a legal person. In order to begin to understand the ramifications of this question, this paper starts by exploring the distinction between the related concepts of (...)
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  • Legitimacy is Not Authority.Jon Garthoff - 2010 - Law and Philosophy 29 (6):669-694.
    The two leading traditions of theorizing about democratic legitimacy are liberalism and deliberative democracy. Liberals typically claim that legitimacy consists in the consent of the governed, while deliberative democrats typically claim that legitimacy consists in the soundness of political procedures. Despite this difference, both traditions see the need for legitimacy as arising from the coercive enforcement of law and regard legitimacy as necessary for law to have normative authority. While I endorse the broad aims of these two traditions, I believe (...)
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  • Public health and liberty: Beyond the millian paradigm.Bruce Jennings - 2009 - Public Health Ethics 2 (2):123-134.
    Center for Humans and Nature, 109 West 77th Street, Suite 2, New York, NY 10024, USA. Tel.: 212 362 7170; Fax: 212 362 9592; Email: brucejennings{at}humansandnature.org ' + u + '@' + d + ' '//--> . Abstract A fundamental question for the ethical foundations of public health concerns the moral justification for limiting or overriding individual liberty. What might justify overriding the individual moral claim to non-interference or to self-realization? This paper argues that the libertarian justification for limiting individual (...)
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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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  • On the philosophy of group decision methods II: Alternatives to majority rule.Mathias Risse - 2009 - Philosophy Compass 4 (5):803-812.
    In this companion piece to 'On the Philosophy of Group Decision Methods I: The Non-Obviousness of Majority Rule', we take a closer look at some competitors of majority rule. This exploration supplements the conclusions of the other piece, as well as offers a further-reaching introduction to some of the challenges that this field currently poses to philosophers.
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  • On justifying violence.Kai Nielsen - 1981 - Inquiry: An Interdisciplinary Journal of Philosophy 24 (1):21 – 57.
    I discuss the justification of political violence even within democracies. I define ?violence? and indicate how its evaluative force sometimes has conceptually distorting effects. Though acts of violence are at least prima facie wrong, circumstances can arise where, even in democracies, some of them are morally justified. To establish this, three paradigm cases of non?revolutionary political violence are examined. The question is then discussed whether revolutionary violence is ever justified as a means of establishing or promoting human freedom and happiness. (...)
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  • Authority, Illocutionary Accommodation, and Social Accommodation.N. P. Adams - 2020 - Australasian Journal of Philosophy 98 (3):560-573.
    By appeal to the phenomenon of presupposition accommodation, Rae Langton and others have proposed that speakers can gain genuine authority over their audiences when they implicitly claim such autho...
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  • I—Hallvard Lillehammer: Moral Testimony, Moral Virtue, and the Value of Autonomy.Hallvard Lillehammer - 2014 - Aristotelian Society Supplementary Volume 88 (1):111-127.
    According to some, taking moral testimony is a potentially decent way to exercise one's moral agency. According to others, it amounts to a failure to live up to minimal standards of moral worth. What's the issue? Is it conceptual or empirical? Is it epistemological or moral? Is there a ‘puzzle’ of moral testimony; or are there many, or none? I argue that there is no distinctive puzzle of moral testimony. The question of its legitimacy is as much a moral or (...)
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  • The Legitimacy of the People.Sofia Näsström - 2007 - Political Theory 35 (5):624-658.
    In political theory it goes without saying that the constitution of government raises a claim for legitimacy. With the constitution of the people, however, it is different. It is often dismissed as a historical question. The conviction is that since the people cannot decide on its own composition the boundaries of democracy must be determined by other factors, such as the contingent forces of history. This article critically assesses this view. It argues that like the constitution of government, the constitution (...)
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  • The analytical–Continental divide: Styles of dealing with problems.Thomas J. Donahue & Paulina Ochoa Espejo - 2016 - European Journal of Political Theory 15 (2):138-154.
    What today divides analytical from Continental philosophy? This paper argues that the present divide is not what it once was. Today, the divide concerns the styles in which philosophers deal with intellectual problems: solving them, pressing them, resolving them, or dissolving them. Using ‘the boundary problem’, or ‘the democratic paradox’, as an example, we argue for two theses. First, the difference between most analytical and most Continental philosophers today is that Continental philosophers find intelligible two styles of dealing with problems (...)
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  • A Utilitarian Account of Political Obligation.Brian Collins - 2014 - Dissertation, The University of Iowa
    One of the core issues in contemporary political philosophy is concerned with `political obligation.' Stated in an overly simplified way, the question being asked when one investigates political obligation is, "What, if anything, do citizens owe to their government and how are these obligations generated if they do exist?" The majority of political philosophers investigating this issue agree that a political obligation is a moral requirement to act in certain ways concerning political matters. Despite this agreement about the general nature (...)
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  • David Friedman's Model of Privatized Justice.Ionuţ Sterpan - 2011 - Public Reason 3 (1).
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  • The many faces of autonomy.Diego Gracia - 2012 - Theoretical Medicine and Bioethics 33 (1):57-64.
    What does autonomy mean from a moral point of view? Throughout Western history, autonomy has had no less than four different meanings. The first is political: the capacity of old cities and modern states to give themselves their own laws. The second is metaphysical, and was introduced by Kant in the second half of the 18th century. In this meaning, autonomy is understood as an intrinsic characteristic of all rational beings. Opposed to this is the legal meaning, in which actions (...)
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  • Political legitimacy, justice and consent.John Horton - 2012 - Critical Review of International Social and Political Philosophy 15 (2):129-148.
    What is it for a state, constitution or set of governmental institutions to have political legitimacy? This paper raises some doubts about two broadly liberal answers to this question, which can be labelled ?Kantian? and ?libertarian?. The argument focuses in particular on the relationship between legitimacy and principles of justice and on the place of consent. By contrast with these views, I suggest that, without endorsing the kind of voluntarist theory, according to which political legitimacy is simply created by individual (...)
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  • A Defense of Epistemic Authority.Linda Zagzebski - 2013 - Res Philosophica 90 (2):293-306.
    In this paper I argue that epistemic authority can be justified in the same way as political authority in the tradition of political liberalism. I propose principles of epistemic authority modeled on the general principles of authority proposed by Joseph Raz. These include the Content-Independence thesis, the Pre-emption thesis, the Dependency thesis, and the Normal Justification thesis. The focus is on the authority of a person’s beliefs, although the principles can be applied to the authority of another person’s testimony and (...)
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  • Reasons Beyond Reason? 'Political Obligation' Reconsidered.Glen Newey - 1996 - Philosophical Papers 25 (1):21--46.
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