Results for 'Legitimate authority'

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  1. Rethinking Legitimate Authority.Anne Schwenkenbecher - 2013 - In Fritz Allhoff, Nicholas Evans & Adam Henschke (eds.), Routledge Handbook of Ethics and War: Just War Theory in the 21st Century. Routledge.
    The just war-criterion of legitimate authority – as it is traditionally framed – restricts the right to wage war to state actors. However, agents engaged in violent conflicts are often sub-state or non-state actors. Former liberation movements and their leaders have in the past become internationally recognized as legitimate political forces and legitimate leaders. But what makes it appropriate to consider particular violent non-state actors to legitimate violent agents and others not? This article will examine (...)
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  2. Just War Theory, Legitimate Authority, and Irregular Belligerency.Jonathan Parry - 2015 - Philosophia 43 (1):175-196.
    Since its earliest incarnations, just war theory has included the requirement that war must be initiated and waged by a legitimate authority. However, while recent years have witnessed a remarkable resurgence in interest in just war theory, the authority criterion is largely absent from contemporary discussions. In this paper I aim to show that this is an oversight worth rectifying, by arguing that the authority criterion plays a much more important role within just war theorising than (...)
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  3. Legitimate Authority and the Ethics of War: A Map of the Terrain.Jonathan Parry - 2017 - Ethics and International Affairs 2 (31):169-189.
    Despite a recent explosion of interest in the ethics of armed conflict, the traditional just war criterion that war be waged by a “legitimate authority” has received less attention than other components of the theory. Moreover, of those theorists who have addressed the criterion, many are deeply skeptical about its moral significance. This article aims to add some clarity and precision to the authority criterion and to debates surrounding it, and to suggest that this skepticism may be (...)
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  4. Children's Vulnerability and Legitimate Authority Over Children.Anca Gheaus - 2018 - Journal of Applied Philosophy:60-75.
    Children's vulnerability gives rise to duties of justice towards children and determines when authority over them is legitimately exercised. I argue for two claims. First, children's general vulnerability to objectionable dependency on their caregivers entails that they have a right not to be subject to monopolies of care, and therefore determines the structure of legitimate authority over them. Second, children's vulnerability to the loss of some special goods of childhood determines the content of legitimate authority (...)
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  5. Finlay on Legitimate Authority: A Critical Comment.Uwe Steinhoff -
    Christopher J. Finlay claims “that a principle of moral or legitimate authority is necessary in just war theory for evaluating properly the justifiability of violence by non-state entities when they claim to act on behalf of the victims of rights violations and political injustice.” In particular, he argues that states, unlike non-state actors, possess what he calls “Lesser Moral Authority.” This authority allegedly enables states to invoke “the War Convention,” which in turn entitles even individual soldiers (...)
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  6.  85
    Proportionality as Procedure: Strengthening the Legitimate Authority of the UN Committee on Economic, Social and Cultural Rights.Antoinette Scherz & Alain Zysset - 2021 - Global Constitutionalism 10 (3):524-546.
    The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) in order to improve (...)
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  7. Interpreting the Claim to Legitimate Authority: An Analysis of Joseph Raz's Objection Against Incorporating Moral Norms Into Law.Ramiro Ávila Peres - 2019 - [email protected]: An International Journal for Moral Philosophy 18 (3):319-332.
    From a critical review of the literature, we analyze the incompatibility between the possibility of incorporating moral principles to the law and its authoritative nature, as argued by exclusive positivists, such as J. Raz. After presenting his argument in second section, we argue in the third section that it is incompatible with commonly accepted premises of the theory of legal interpretation, or else it would lead to contradiction - unless one presupposes, within the premises, a strong version of the sources (...)
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  8. A Fair Play Account of Legitimate Political Authority.Justin Tosi - 2017 - Legal Theory 23 (1):55-67.
    There is an emerging consensus among political philosophers that state legitimacy involves something more than—or perhaps other than—political obligation. Yet the principle of fair play, which many take to be a promising basis for political obligation, has been largely absent from discussions of the revised conception of legitimacy. This paper shows how the principle of fair play can generate legitimate political authority by drawing on a neglected feature of the principle—its stipulation that members of a cooperative scheme must (...)
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  9. Legitimate Exclusion of Would-Be Immigrants: A View From Global Ethics and the Ethics of International Relations.Enrique Camacho Beltran - 2019 - Social Sciences 8 (8):238.
    The debate about justice in immigration seems somehow stagnated given that it seems justice requires both further exclusion and more porous borders. In the face of this, I propose to take a step back and to realize that the general problem of borders—to determine what kind of borders liberal democracies ought to have—gives rise to two particular problems: first, to justify exclusive control over the administration of borders (the problem of legitimacy of borders) and, second, to specify how this control (...)
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  10. Language and Legitimation.Robert Mark Simpson - 2021 - In Justin Khoo & Rachel Katharine Sterken (eds.), The Routledge Handbook of Social and Political Philosophy of Language. New York, NY, USA: Routledge.
    The verb to legitimate is often used in political discourse in a way that is prima facie perplexing. To wit, it is often said that an actor legitimates a practice which is officially prohibited in the relevant context – for example, that a worker telling sexist jokes legitimates sex discrimination in the workplace. In order to clarify the meaning of statements like this, and show how they can sometimes be true and informative, we need an explanation of how something (...)
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  11. Legitimacy, Authority, and the Political Value of Explanations.Seth Lazar - manuscript
    Here is my thesis (and the outline of this paper). Increasingly secret, complex and inscrutable computational systems are being used to intensify existing power relations, and to create new ones (Section II). To be all-things-considered morally permissible, new, or newly intense, power relations must in general meet standards of procedural legitimacy and proper authority (Section III). Legitimacy and authority constitutively depend, in turn, on a publicity requirement: reasonably competent members of the political community in which power is being (...)
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  12. Political Authority and Unjust Wars.Massimo Renzo - 2019 - 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 (...)
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  13. Justice, Legitimacy, and (Normative) Authority for Political Realists.Enzo Rossi - 2012 - Critical Review of International Social and Political Philosophy 15 (2):149-164.
    One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that (...)
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  14. Little Republics: Authority and the Political Nature of the Firm.Iñigo González-Ricoy - 2022 - Philosophy and Public Affairs 50 (1):90-120.
    Political theorists have recently sought to replace the liberal, contractual theory of the firm with a political view that models the authority relation of employee to firm, and its appropriate regulation, on that of subject to state. This view is liable to serious difficulties, however, given existing discontinuities between corporate and civil authority as to their coerciveness, entry and exit conditions, scope, legal standing, and efficiency constraints. I here inspect these, and argue that, albeit in some cases significant, (...)
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  15. 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 (...)
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  16. Political Authority.John T. Sanders - 1983 - The Monist 66 (4):545-556.
    I begin this essay with a notion of "authority" that makes a sharp distinction between authority and power, and grant that such authority is not only legitimate, but perhaps even necessary in human affairs. I then trace the devaluation of this idea through varying degrees of institutionalization, culminating in its political cooptation. I argue, finally, that what goes by the name of political authority is the very antithesis of the legitimate and necessary element that (...)
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  17. Attacking Authority.Matthews Steve - 2011 - Australian Journal of Professional and Applied Ethics 13 (2):59-70.
    The quality of our public discourse – think of the climate change debate for instance – is never very high. A day spent observing it reveals a litany of misrepresentation and error, argumentative fallacy, and a general lack of good will. In this paper I focus on a microcosmic aspect of these practices: the use of two types of argument – the argumentum ad hominem and appeal to authority – and a way in which they are related. Public debate (...)
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  18. Authority and Anonymity in Descartes' Discourse on Method.Christina Hendricks - manuscript
    Presented at the 2010 Annual Meeting of the Association for Core Texts and Courses, New Brunswick, New Jersey, USA, April 2010. -/- René Descartes’ Discourse on Method is paradoxical in several respects: it was published anonymously, yet is rich in autobiographical detail; further, Descartes insists that “the power of judging well and of distinguishing the true from the false…is naturally equal in all men,” and also that “the world consists almost exclusively of … minds for whom [his method of reasoning] (...)
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  19. Doctors with Borders? An Authority-Based Approach to the Brain Drain.Alfonso Donoso & Alejandra Mancilla - 2017 - South African Journal of Philosophy 36 (1):69-77.
    According to the brain drain argument, there are good reasons for states to limit the exit of their skilled workers (more specifically, healthcare workers), because of the negative impacts this type of migration has for other members of the community from which they migrate. Some theorists criticise this argument as illiberal, while others support it and ground a duty to stay of the skilled workers on rather vague concepts like patriotic virtue, or the legitimate expectations of their state and (...)
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  20. Law and violence or legitimizing politics in Machiavelli.J. L. Ames - 2011 - Trans/Form/Ação 34 (1):21-42.
    One of the Machiavelli's most famous and innovative thesis states that good laws arise from social conflicts, according to the Roman Empire example of the opposition between plebs and nobles. Conflicts are able to bring about order in virtue of the characteristic constrictive force of necessity, which prevents the ambition to prevail. Nonetheless, law does not neutralize the conflict; just give it a regulation. So, law is subjected to history, to the continuous change, which means that it is potentially corruptible. (...)
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  21. Coercion, Authority, and Democracy.Grahame Booker - 2009 - Dissertation, Waterloo
    As a classical liberal, or libertarian, I am concerned to advance liberty and minimize coercion. Indeed on this view liberty just is the absence of coercion or costs imposed on others. In order to better understand the notion of coercion I discuss Robert Nozick's classic essay on the subject as well as more recent contributions. I then address the question of whether law is coercive, and respond to Edmundson and others who think that it isn't. Assuming that the law is (...)
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  22. On Legitimacy and Authority: A Response to Krehoff.Bas van der Vossen - 2008 - Res Publica 14 (4):299-302.
    In this paper I respond to Bernd Krehoff’s article ‘Legitimate Political Authority and Sovereignty: Why States Cannot Be the Whole Story’. I criticize Krehoff’s use of Raz’s theory of authority to evaluate the legitimacy of our political institutions. Krehoff argues that states cannot (always) claim exclusive authority and therefore cannot possess exclusive legitimacy. Although I agree with his conclusion, I argue that the questions of legitimacy and (Razian) authority are distinct and that we need to (...)
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  23. Medical Complicity and the Legitimacy of Practical Authority.Kenneth M. Ehrenberg - 2020 - Ethics, Medicine and Public Health 12.
    If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative (...)
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  24. Illegible Salvation: The Authority of Language in The Concept of Anxiety.Sarah Horton - 2018 - In Joseph Westfall (ed.), Authorship and Authority in Kierkegaard’s Writings. London, UK: pp. 121-137.
    This essay examines the analysis of language in The Concept of Anxiety and argues that language ultimately reveals itself as both dangerous and salvific. The pseudonymous author, Vigilius Haufniensis, is suspicious of language, for it divides the individual from herself and thereby makes possible the self-forgetfulness of objective chatter. Indeed, this warning (which commenters have tended to follow uncritically) is a legitimate one – yet it fails to grasp that by rendering the self other than itself, language constitutes the (...)
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  25. The Aporetic Ground of Revelation’s Authority in the Divine Comedy and Dante’s Demarcation and Defense of Philosophical Authority.Jason Aleksander - 2010 - Essays in Medieval Studies 26:1-14.
    I discuss Dante’s understanding that human existence is “ordered by two final goals” and how, for Dante, this understanding defines philosophy’s and revelation’s respective scopes of authority in guiding human conduct. Specifically, I show that, although Dante subordinates our earthly beatitude to spiritual beatitude in a way that seems to suggest the subordination of the authority of philosophy to that of revelation, he in fact limits philosophy’s scope to an arena in which its authority is not only (...)
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  26. Is Obedience a Virtue?Jessica Wolfendale - 2019 - In Michael Skerker, Donald G. Carrick & David Whetham (eds.), Military Virtues. Havant, UK: Howgate Publishing Limited. pp. 62-69.
    In the United States, all military personnel swear to obey “the orders of the President of the United States and the orders of the officers appointed over me.” Military personnel must obey orders promptly in order to facilitate effective military functioning. Yet, obedience to orders has been associated with the commission of war crimes. Military personnel of all ranks have committed torture, rape, genocide, and murder under orders. “I was just following orders” (respondaet superior) is no longer accepted as a (...)
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  27.  81
    Rescue Missions in the Mediterranean and the Legitimacy of the EU’s Border Regime.Hallvard Sandven & Antoinette Scherz - forthcoming - Res Publica:1-20.
    In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border regime. In (...)
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  28. Justifying Resistance to Immigration Law: The Case of Mere Noncompliance.Caleb Yong - 2018 - Canadian Journal of Law and Jurisprudence 2 (31):459-481.
    Constitutional democracies unilaterally enact the laws that regulate immigration to their territories. When are would-be migrants to a constitutional democracy morally justified in breaching such laws? Receiving states also typically enact laws that require their existing citizens to participate in the implementation of immigration restrictions. When are the individual citizens of a constitutional democracy morally justified in breaching such laws? In this article, I take up these questions concerning the justifiability of noncompliance with immigration law, focusing on the case of (...)
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  29. Kant and the Problem of Unequal Enforcement of Law.Daniel Koltonski - 2021 - Journal of Ethics and Social Philosophy 20 (2):188-210.
    Kant infamously opposes not only revolution but also any resistance or disobedience by citizens that aims to compel states to reform themselves. This paper argues that, in fact, the Kantian account of the legitimate state has the resources for a distinctive justification of principled disobedience, including even violent or destructive resistance, that applies to citizens of contemporary Western democracies. When a state fails to enforce the law equally, this lack of equal enforcement can deprive some citizens of the equal (...)
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  30. Procedural Justice.Lawrence B. Solum - 2004 - Southern California Law Review 78:181.
    "Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with two (...)
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  31. Preventive Wars, Just War Principles, and the United Nations.John W. Lango - 2005 - The Journal of Ethics 9 (1-2):247-268.
    This paper explores the question of whether the United Nations should engage in preventive military actions. Correlatively, it asks whether UN preventive military actions could satisfy just war principles. Rather than from the standpoint of the individual nation state, the ethics of preventive war is discussed from the standpoint of the UN. For the sake of brevity, only the legitimate authority, just cause, last resort, and proportionality principles are considered. Since there has been disagreement about the specific content (...)
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  32.  91
    Why It is Disrespectful to Violate Rights: Contractualism and the Kind-Desire Theory.Janis Schaab - 2018 - Philosophical Studies 175 (1):97-116.
    The most prominent theories of rights, the Will Theory and the Interest Theory, notoriously fail to accommodate all and only rights-attributions that make sense to ordinary speakers. The Kind-Desire Theory, Leif Wenar’s recent contribution to the field, appears to fare better in this respect than any of its predecessors. The theory states that we attribute a right to an individual if she has a kind-based desire that a certain enforceable duty be fulfilled. A kind-based desire is a reason to want (...)
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  33. Sayyid Qutb and Aquinas: Liberalism, Natural Law and the Philosophy of Jihad.Lucas Thorpe - 2019 - Heythrop Journal 60:413-435.
    In this paper I focus on the work of Sayyid Qutb and in particular his book Milestones, which is often regarded as the Communist Manifesto of Islamic fundamentalism. This paper has four main sections. First I outline Qutb’s political position and in particular examine his advocacy of offensive jihad. In section two I argue that there are a number of tendencies that make his position potentially more liberal that it is often taken to be. I here argue that there are (...)
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  34. Seen to Be Done: The Roots and Fruits of Public Equality. [REVIEW]Arto Laitinen - 2010 - Res Publica 16 (1):83-88.
    What is the ethical basis for democracy? What reasons do we have to go along with democratic decisions even when we disagree with them? When can we justly ignore democratic decisions? These three questions are intimately connected: understanding what is ultimately important about democracy helps us to understand the authority of democratic decisions over our personal views, and the limits of such authority. Thomas Christiano’s ambitious new book, The Constitution of Equality, aims to provide such an understanding through (...)
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  35. Tentacles of the Leviathan? Nationalism, Islamophobia, and the Insufficiency-yet-Indispensability of Human Rights for Religious Freedom in Contemporary Europe.Jason A. Springs - 2016 - Journal of the American Academy of Religion 84 (3).
    Is the institutionalization of religious freedom through human rights jurisprudence simply a means by which the modern nation-state manufactures and regulates “religion”? Is the discourse of religious freedom principally a technology of state governance? These questions challenge the ways that scholars conceptualize the relation between states, nationalism, human rights, and religious freedom. This article forwards an approach to human rights and methodological nationalism that both counters and explores alternatives to the prevailing conceptions of human rights, nationalism, and state sovereignty in (...)
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  36. Non-Positivism and Encountering a Weakened Necessity of the Separation Between Law and Morality – Reflections on the Debate Between Robert Alexy and Joseph Raz.Wei Feng - 2019 - Archiv Für Rechts- Und Sozialphilosophie, Beiheft 158:305-334.
    Nearly thirty years ago, Robert Alexy in his book The Concept and Validity of Law as well as in other early articles raised non-positivistic arguments in the Continental European tradition against legal positivism in general, which was assumed to be held by, among others, John Austin, Hans Kelsen and H.L.A. Hart. The core thesis of legal positivism that was being discussed among contemporary German jurists, just as with their Anglo- American counterparts, is the claim that there is no necessary connection (...)
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  37. Acting Under Tyranny: Hannah Arendt and the Foundations of Democracy in Iran.Ramin Jahanbegloo & Nojang Khatami - 2013 - Constellations 20 (2):328-346.
    Amidst the ongoing turmoil in the Middle East and the reshaping of political systems in the region, the Iranian people remain mired in difficulties on their path to democratization. Much of this can be blamed on the gradual decline in activity within Iranian civil society and the stagnation of political imagination. If Iran is to have a future built on the solid foundation of a viable and legitimate political authority, Iranian civic actors must reimagine and revisit the notion (...)
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  38.  88
    Parents’ Rights, Children’s Religion: A Familial Relationship Goods Approach.Adam Swift - 2020 - Journal of Practical Ethics 8 (2):30-65.
    The article presents a theory of the basis and nature of parents’ rights that appeals to the goods distinctively produced by intimate-but-authoritative relationships between adults and the children they parent. It explores the implications of that theory for questions about parents’ rights to raise their children as members of a religion, with particular attention to the issue of religious schooling. Even if not obstructing the development of their children’s capacity for autonomy, parents exceed the bounds of their legitimate (...) in so far as they aim deliberately to influence their children’s religious views. Healthy familial relationships involve some identification of child with parent and require a sphere of spontaneous interaction between parent and child that are in any case likely to influence those views and constitute a standing threat to autonomy. Correcting over-deferential understandings of parents’ rights enables schools better to promote not only children’s autonomy but also other legitimate civic goals. (shrink)
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  39. For the Benefit of Another: Children, Moral Decency, and Non-Therapeutic Medical Procedures.Robert Noggle - 2013 - HEC Forum 25 (4):289-310.
    Parents are usually appreciated as possessing legitimate moral authority to compel children to make at least modest sacrifices in the service of widely shared values of moral decency. This essay argues that such authority justifies allowing parents to authorize a child to serve as an organ or tissue donor in certain circumstances, such as to authorize bone marrow donations to save a sibling with whom the potential donor shares a deep emotional bond. The approach explored here suggests, (...)
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  40.  30
    The Theory of Liberal Dependency Care: A Reply to My Critics.Asha Bhandary - 2021 - Critical Review of International Social and Political Philosophy:1-15.
    This author’s reply addresses critiques by Daniel Engster, Kelly Gawel, and Andrea Westlund about my 2020 book, Freedom to Care: Liberalism, Dependency Care, and Culture. I begin with a statement of my commitment to liberalism. In section two, I defend the value of a distinction between conceptions of persons in the real world and in contract theory to track inequalities in care when indexed to legitimate needs. I argue, as well, that my variety of contract theory supplies the normative (...)
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  41. Verbal Sparring and Apologetic Points: Politeness in Gendered Argumentation Contexts.Sylvia Burrow - 2010 - Informal Logic 30 (3):235-262.
    This essay argues that ideals of cooperation or adversariality in argumentation are not equally attainable for women. Women in argumentation contexts face oppressive limitations undermining argument success because their authority is undermined by gendered norms of politeness. Women endorsing or, alternatively, transgressing feminine norms of politeness typically defend their authority in argumentation contexts. And yet, defending authority renders it less legitimate. My argument focuses on women in philosophy but bears the implication that other masculine dis- course (...)
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  42. The Woman's Curse: A Redemptive Reading of Genesis 3:16.Abi Doukhan - 2020 - Religions 11.
    In light of the recent developments featuring women around the world reclaiming their autonomy and self-respect in the face of male domination, it is becoming increasingly urgent to rethink the ancient “curse” on woman and the way that it has not only allowed but condoned male oppression and domination over women throughout the centuries. Rather than read the text through the traditional Aristotelian lens used by Church fathers to describe woman as the seductress and man as the legitimate (...) over woman’s corrupt nature, this paper proposes a radical re-reading of the “curse” of Genesis 3:16 as a redemptive rather than a punitive moment wherein the woman is given back her power as the ezer kenegdo of man, and man is given back his kingdom lost and his reign over the whole of Creation, or mashal, through the woman’s love, or teshuqah. This will entail that the two key concepts mashal and teshuqah be profoundly re-interpreted from a Hebrew inter-textual perspective rather than through a Greek philosophical lens. (shrink)
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  43. Legal Directives and Practical Reasons.Noam Gur - 2018 - Oxford University Press.
    This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- At the outset, two (...)
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  44. Liability to International Prosecution: The Nature of Universal Jurisdiction.Anthony Reeves - 2017 - European Journal of International Law 28 (4):1047-1067.
    The paper considers the proper method for theorizing about criminal jurisdiction. It challenges a received understanding of how to substantiate the right to punish, and articulates an alternative account of how that theoretical task is properly conducted. The received view says that a special relationship is the ground of a tribunal’s authority to prosecute and, hence, that a normative theory of that authority is faced with identifying a distinctive relation. The alternative account locates prosecutorial standing on an institution’s (...)
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  45.  73
    The Legitimacy and Limits of Punishing "Bad Samaritans".Luke William Hunt - 2021 - University of Florida Journal of Law and Public Policy 31 (3):355-376.
    There are often public calls to codify moral sentiments after failures to help others, and recent tragedies have renewed interest in one’s legal duty to aid another. This Article examines the moral underpinnings and legitimacy of so-called “Bad Samaritan” laws—laws that criminalize failures to aid others in emergency situations. Part I examines the theoretical backdrop of duties imposed by Bad Samaritan laws, including their relationship with various moral duties to aid. This leads to the analysis in Part II, which examines (...)
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  46. Tying Legitimacy to Political Power: Graded Legitimacy Standards for International Institutions.Antoinette Scherz - 2019 - European Journal of Political Theory.
    International institutions have become increasingly important not only in the relations between states, but also for individuals. When are these institutions legitimate? The legitimacy standards fo...
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  47. The Quantified Relationship.John Danaher, Sven Nyholm & Brian D. Earp - 2018 - American Journal of Bioethics 18 (2):3-19.
    The growth of self-tracking and personal surveillance has given rise to the Quantified Self movement. Members of this movement seek to enhance their personal well-being, productivity, and self-actualization through the tracking and gamification of personal data. The technologies that make this possible can also track and gamify aspects of our interpersonal, romantic relationships. Several authors have begun to challenge the ethical and normative implications of this development. In this article, we build upon this work to provide a detailed ethical analysis (...)
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  48. Tradition and Modernity: Philosophical Reflections on the African Experience.Kwame Gyekye - 1997 - Oup Usa.
    Kwame Gyekye offers a philosophical interpretation and critical analysis of the African cultural experience in modern times. Critically employing Western political and philosophical concepts to clear, comparative advantage, Gyekye addresses a wide range of concrete problems afflicting postcolonial African states, such as ethnicity and nation-building, the relationship of tradition to modernity, the nature of political authority and political legitimation, political corruption, and the threat to traditional moral and social values, practices, and institutions in the wake of rapid social change.
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  49. Do Organisms Have an Ontological Status?Charles T. Wolfe - 2010 - History and Philosophy of the Life Sciences 32 (2-3):195-232.
    The category of ‘organism’ has an ambiguous status: is it scientific or is it philosophical? Or, if one looks at it from within the relatively recent field or sub-field of philosophy of biology, is it a central, or at least legitimate category therein, or should it be dispensed with? In any case, it has long served as a kind of scientific “bolstering” for a philosophical train of argument which seeks to refute the “mechanistic” or “reductionist” trend, which has been (...)
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  50. Democratising Measurement: Or Why Thick Concepts Call for Coproduction.Anna Alexandrova & Mark Fabian - 2021 - European Journal for Philosophy of Science 12 (1):1-23.
    Thick concepts, namely those concepts that describe and evaluate simultaneously, present a challenge to science. Since science does not have a monopoly on value judgments, what is responsible research involving such concepts? Using measurement of wellbeing as an example, we first present the options open to researchers wishing to study phenomena denoted by such concepts. We argue that while it is possible to treat these concepts as technical terms, or to make the relevant value judgment in-house, the responsible thing to (...)
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