Results for 'Political Authority'

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  1.  57
    Occam’s Razor and Non-Voluntarist Accounts of Political Authority.Luke Maring - 2017 - Dialogue 56 (1):159-173.
    Certain non-voluntarists have recently defended political authority by advancing two-part views. First, they argue that the state, or the law, is best (or uniquely) capable of accomplishing something important. Second, they defend a substantive normative principle on which being so situated is sufficient for de jure authority. This paper uses widely accepted tenets to show that all such defenses of authority fail.
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  2. 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 (...)
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  3. 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 (...)
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  4.  90
    Disaggregating Political Authority: What's Wrong with Rawlsian Civil Disobedience.Robert Jubb - forthcoming - Political Studies.
    John Rawls is a central figure in contemporary philosophical and theoretical discussions of civil disobedience, which hope to contribute to significant political debates around when and in which forms political dissent, protest and resistance are appropriate. Ignoring the frame in which Rawls discusses civil disobedience has led critics to wrongly attack his theory for being too restrictive when it is more likely to be too permissive. That permissiveness depends on treating any political order which does not come (...)
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  5. Religious and Political Authority in the Kingdom of Saudi Arabia.Jon Mahoney & Kamel Alboaouh - 2017 - Manas Journal of Social Science 6 (02):241-257.
    Alfred Stepan’s “twin-tolerations” thesis (2000) is a model for explaining different ways that religious and political authority come to be reconciled. In this paper, we investigate some obstacles and challenges to realizing a reconciliation between religious and political authority in the Kingdom of Saudi Arabia (KSA) that might result in a transition away from a theocratic monarchy to a more consultative form of political authority. Whereas most analyses of religion and politics in KSA focus (...)
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  6. 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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  7. Consent as the Foundation of Political Authority - A Lockean Perspective.Frank Dietrich - 2014 - Rationality, Markets and Morals 5:64-78.
    The article focuses on the justification provided by classical contract theory for the right of states to enact laws and the corresponding obligation of political allegiance. First the distinction between political authority and parental authority developed by John Locke in his seminal work “Two Treatises of Government” is explored. Thereafter it is discussed why the interests the individuals have in the creation of a state fail to vindicate the exercise of governmental power. As regards David Hume’s (...)
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  8. Political Life: Giorgio Agamben and the Idea of Authority.Steven DeCaroli - 2013 - Research in Phenomenology 43 (2):220-242.
    This article explores the relation between biological life and political life, placing it in the context of the ancient Greek distinction between the life of the home and the realm of politics. In contrast with the oikos, the life of the polis was characterized by attempts to exclude from its sphere both the constraints of necessity that oblige human action to conform to the exigencies of survival as well as the violence that accompanies this pursuit. Although this exclusion has (...)
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  9. By Whose Authority: A Political Argument for God's Existence.Tyler McNabb & Jeremy Neill - 2019 - European Journal for Philosophy of Religion 11 (2):163.
    In The Problem of Political Authority, Michael Huemer argues that the contractarian and consequentialist groundings of political authority are unsuccessful, and, in fact, that there are no adequate contemporary accounts of political authority. As such, the modern state is illegitimate and we have reasons to affirm political anarchism. We disagree with Huemer’s conclusion. But we consider Huemer’s critiques of contractarianism and consequentialism to be compelling. Here we will juxtapose, alongside Huemer’s critiques, a theistic (...)
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  10. Locke on Political Authority and Conjugal Authority.Ruth Sample - 2000 - Locke Newsletter 31:115-146.
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  11. 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 (...)
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  12.  80
    The Debate on Constitutional Courts and Their Authority Between Legal and Political Constitutionalism.Valerio Fabbrizi - 2016 - Philosophica Critica 2 (2):47-70.
    The paper is focused on the criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty. This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish a possible (...)
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  13. Political Authority and the Tyranny of Non‐Consent.David Estlund - 2005 - Philosophical Issues 15 (1):351–367.
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  14.  27
    What's the Problem with Political Authority? A Pragmatist Account.Luke Maring - 2016 - Public Affairs Quarterly 30 (3):239-258.
    MARING, Luke – Why does the excellent citizen vote? JPP 24 (2), June 2016: 245-257. Is it morally important to vote? It is common to think so, but both consequentialist and deontological strategies for defending that intuition are weak. In response, some theorists have turned to a role-based strategy, arguing that it is morally important to be an excellent citizen, and that excellent citizens vote. But there is a lingering puzzle: an individual vote changes very little (virtually nothing in large-scale (...)
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  15. Providence, Temporal Authority, and the Illustrious Vernacular in Dante's Political Philosophy.Jason Aleksander - 2016 - In Nancy van Deusen & Leonard Michael Koff (eds.), Time: Sense, Space, Structure. Leiden: E.J. Brill. pp. 231-260.
    Drawing primarily upon Dante’s three major philosophical treatises (De vulgari eloquentia, Convivio, and Monarchia), this essay explores how Dante’s ethico-political philosophy operates within the crucial tension between the phenomenology of time as the condition for the possibility of human moral development and yet also as, metaphysically speaking, the privation and imitation of eternity. I begin by showing that, in the De vulgari eloquentia, Dante’s understanding of the poetic and rhetorical function of the illustrious vernacular is tied to his (...) philosophy in a way that depends upon a rich but ultimately unresolved tension between (a) the demand that only an atemporal, unchanging vernacular would be suitable for the tasks of universal monarchy and (b) the recognition that only a temporal, localized, and changing illustrious vernacular could possibly bring about the existence of the universal monarchy. In the second half of the essay, I will turn to Dante’s treatment of the providential grounding for the independence of spiritual and temporal authority in Convivio and Monarchia. I will argue that Dante’s understanding of divine providence provides common justification for the temporal and spiritual authorities whose independence he otherwise insists upon. Finally, drawing on the letter to Cangrande della Scala (the authorship of which is disputed), I will discuss how, for Dante, the providential ground for the legitimacy of temporal authority can only be discerned through the allegorical interpretation of history itself. In light of my discussion of these themes in Dante’s political philosophy and its dependence on his understanding of divine providence, I will conclude with a brief reflection on how Dante’s understanding of divine providence might help us better appreciate important aspects of the neglected legacy of Renaissance humanism in the history of early modern philosophy. (shrink)
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  16.  22
    “The Authority to Interpret, the Purpose of Universities, and the Giving of Awards, Honors, or Platforms by Catholic Universities: Some Thoughts on ‘Catholics in Political Life’,”.Michael Baur - 2011 - Journal of Catholic Legal Studies 49:101-120.
    With its June 2004 statement Catholics in Political Life, the United States Conference of Catholic Bishops opened an important and far-reaching discussion about how Catholic individuals ought to comport themselves in political life, and-indirectly-about how Catholic institutions-including Catholic law schools-ought to decide whether or not to give awards, honors, or platforms to those whose views about key moral and political issues may differ from the views expressed in the teachings of the Catholic Church. On the basis of (...)
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  17. Normative Consent and Authority.Daniel Koltonski - 2013 - Journal of Moral Philosophy 10 (3):255-275.
    In his recent book Democratic Authority, David Estlund defends a strikingly new and interesting account of political authority, one that makes use of a distinctive kind of hypothetical consent that he calls ‘normative consent’: a person can come to have a duty to obey another when it is the case that, were she given the chance to consent to the duty, she would have a duty to consent to it. If successful, Estlund’s account promises to provide what (...)
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  18.  80
    Source and Nature of Authority: A Study of Suhrawardî's Illuminationist Political Doctrine.Hossein Ziai - 1992 - In Charles Butterworth (ed.), The Political Aspects of Islamic Philosophy: Essays in Honor of Muhsin S. Mahdi. Cambridge: Harvard University. pp. 304-344.
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  19. Global Warming and Our Natural Duties of Justice.Aaron Maltais - 2008 - Dissertation, Uppsala University
    Compelling research in international relations and international political economy on global warming suggests that one part of any meaningful effort to radically reverse current trends of increasing green house gas (GHG) emissions is shared policies among states that generate costs for such emissions in many if not most of the world’s regions. Effectively employing such policies involves gaining much more extensive global commitments and developing much stronger compliance mechanism than those currently found in the Kyoto Protocol. In other words, (...)
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  20. Assessing Law's Claim to Authority.Bas van der Vossen - 2011 - Oxford Journal of Legal Studies 31 (3):481-501.
    The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I (...)
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  21.  66
    The Status of Authority in the Globalizing Economy: Beyond the Public/Private Distinction.Eva Hartmann & Poul F. Kjaer - 2018 - Indiana Journal of Global Legal Studies 25 (1):3 - 11.
    Over the past decades, the idea that national sovereignty and the authority of the state have been increasingly challenged or even substantially eroded has been a dominant one. Economic globalization advancing a neo-liberal dis-embedding of the economy is seen as the major reason for this erosion. Concerns have increased about the negative consequences for the social fabric of societies, deprived of the strong shock absorption capacity that the welfare states had established in the time of the embedded liberalism to (...)
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  22.  94
    Modus Vivendi Beyond the Social Contract: Peace, Justice, and Survival in Realist Political Theory.Thomas Fossen - 2019 - In John Horton, Manon Westphal & Ulrich Willems (eds.), The Political Theory of Modus Vivendi. Cham, Switzerland: pp. 111-127.
    This essay examines the promise of the notion of modus vivendi for realist political theory. I interpret recent theories of modus vivendi as affirming the priority of peace over justice, and explore several ways of making sense of this idea. I proceed to identify two key problems for modus vivendi theory, so conceived. Normatively speaking, it remains unclear how this approach can sustain a realist critique of Rawlsian theorizing about justice while avoiding a Hobbesian endorsement of absolutism. And conceptually, (...)
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  23. Can Modus Vivendi Save Liberalism From Moralism? A Critical Assessment of John Gray's Political Realism.Rossi Enzo - forthcoming - In John Horton, Manon Westphal & Ulrich Willems (eds.), The Political Theory of Modus Vivendi. Dordrecht: Springer.
    I argue that John Gray's modus vivendi-based justification for liberalism is preferable to the more orthodox deontological or teleological justificatory strategies, at least because of the way it can deal with the problem of diversity. But then I show how that is not good news for liberalism, for grounding liberal political authority in a modus vivendi undermines liberalism’s aspiration to occupy a privileged normative position vis-à-vis other kinds of regimes. So modus vivendi can save liberalism from moralism, but (...)
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  24. Zagzebski on Authority and Preemption in the Domain of Belief.Arnon Keren - 2014 - European Journal for Philosophy of Religion 6 (4):61-76.
    The paper discusses Linda Zagzebski's account of epistemic authority. Building on Joseph Raz's account of political authority, Zagzebski argues that the basic contours of epistemic authority match those Raz ascribes to political authority. This, it is argued, is a mistake. Zagzebski is correct in identifying the pre-emptive nature of reasons provided by an authority as central to our understanding of epistemic authority. However, Zagzebski ignores important differences between practical and epistemic authority. (...)
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  25. 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 co-citizens. (...)
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  26. 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 (...)
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  27.  80
    The Servient Character of Political Power According to St. Thomas Aquinas.Pawel Tarasiewicz - 2014 - Studia Gilsoniana 3:399-413.
    The author attempts to justify the thesis of the servient character of political power. By his analyses, he arrives at two conclusions. First, the ultimate goal of service fulfilled by political power should be identical with the natural goal of every human being, meaning a life of virtue. Hence, service to the cause of the citizens’ virtue requires that the fundamental duties of power include the protection of public peace, the promotion of actions towards the common good, and (...)
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  28.  36
    Why the World Needs Negative Political Theology.David Newheiser - 2020 - Modern Theology 36 (1):5-12.
    Some theorists argue that religion relates to politics in one of two ways: either it asserts its authority over the public sphere or it withdraws from the world in preference for spiritual concerns. In response, this special issue offers an expanded vision of what political theology can contribute to public reflection. Against those who appropriate divine authority in support of a given regime, Jewish and Christian negative theology argues that God is radically elusive. Where resistance movements sometimes (...)
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  29.  28
    Political Power and Depoliticised Acquiescence: Spinoza and Aristocracy.Sandra Leonie Field - forthcoming - Constellations 27 (1).
    According to a recent interpretive orthodoxy, Spinoza is a profoundly democratic theorist of state authority. I reject this orthodoxy. To be sure, for Spinoza, a political order succeeds in proportion as it harnesses the power of the people within it. However, Spinoza shows that political inclusion is only one possible strategy to this end; equally if not more useful is political exclusion, so long as it maintains what I call the depoliticised acquiescence of those excluded.
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  30. On Political Legitimacy, Reasonableness, and Perfectionism.Thomas M. Besch - 2013 - Public Reason 5 (1):58-74.
    The paper advances a non-orthodox reading of political liberalism’s view of political legitimacy, the view of public political justification that comes with it, and the idea of the reasonable at the heart of these views. Political liberalism entails that full discursive standing should be accorded only to people who are reasonable in a substantive sense. As the paper argues, this renders political liberalism dogmatic and exclusivist at the level of arguments for or against normative theories (...)
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  31. Believing on Authority.Matthew A. Benton - 2014 - European Journal for Philosophy of Religion 6 (4):133-144.
    Linda Zagzebski's "Epistemic Authority" (Oxford University Press, 2012) brings together issues in social epistemology with topics in moral and political philosophy as well as philosophy of religion. In this paper I criticize her discussion of self-trust and rationality, which sets up the main argument of the book; I consider how her view of authority relates to some issues of epistemic authority in testimony; and I raise some concerns about her treatment of religious epistemology and religious (...) in particular. (shrink)
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  32. 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 four criteria, including (...)
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  33. Tradition, Authority and Dialogue: Arendt and Alexander on Education.Itay Snir - 2018 - Foro de Educación 16 (24):21-40.
    In this paper I discuss two attempts to challenge mainstream liberal education, by Hannah Arendt and by contemporary Israeli philosopher Hanan Alexander. Arendt and Alexander both identify problems in liberal-secular modern politics and present alternatives based on reconnecting politics and education to tradition. I analyze their positions and bring them into a dialogue that suggests a complex conception of education that avoids many of the pitfalls of modern liberal thought. First, I outline Arendt and Alexander’s educational views and discuss their (...)
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  34. Finlay on Legitimate Authority: A Critical Comment.Uwe Steinhoff - manuscript
    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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  35. Liberal Foundations of Democratic Authority.Andrew Lister - 2010 - Representation 46 (1):19-34.
    In Democratic Authority, David Estlund argues that decision-procedures are to be judged solely by their tendency to generate morally superior decisions, but that because any relationship of authority must be acceptable to all qualified moral points of view, the epistemic benefits of less equal procedures must be evident beyond qualified objection. If all doctrines involved in political justification must be qualifiedly acceptable, however, the qualified acceptability requirement must itself be acceptable to qualified points of view. This article (...)
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  36. Responsibility, Authority, and the Community of Moral Agents in Domestic and International Criminal Law.Ryan Long - 2014 - International Criminal Law Review 14 (4-5):836 – 854.
    Antony Duff argues that the criminal law’s characteristic function is to hold people responsible. It only has the authority to do this when the person who is called to account, and those who call her to account, share some prior relationship. In systems of domestic criminal law, this relationship is co-citizenship. The polity is the relevant community. In international criminal law, the relevant community is simply the moral community of humanity. I am sympathetic to his community-based analysis, but argue (...)
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  37. The End of Empire and the Death of Religion : A Reconsideration of Hume's Later Political Thought.Moritz Baumstark - 2012 - In Ruth Savage (ed.), Philosophy and Religion in Enlightenment Britain: New Case Studies. Oxford University Press.
    This essay reconsiders David Hume’s thinking on the fate of the British Empire and the future of established religion. It provides a detailed reconstruction of the development of Hume’s views on Britain’s successive attempts to impose or regain its authority over its North American colonies and compares these views with the stance taken during the American Crisis by Adam Smith and Josiah Tucker. Fresh light is shed on this area of Hume’s later political thought by a new letter, (...)
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  38.  78
    On the History of Political Philosophy: Great Political Thinkers From Thucydides to Locke.W. Julian Korab-Karpowicz - 2012 - New York: Routledge.
    On the History of Political Philosophy: Great Political Thinkers from Thucydides to Locke is a lively and lucid account of the major political theorists and philosophers of the ancient Greek, Roman, medieval, renaissance, and early modern periods. The author demonstrates the continuing significance of some political debates and problems that originated in the history of political philosophy. Topics include discussions concerning human nature, different views of justice, the origin of government and law, the rise and (...)
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  39.  39
    Political Forgiveness.Harry Bunting - 2009 - Ethics in Brief 14 (2):1 - 4.
    The paper attempts to clarify the concept of political forgiveness, distinguishing it from individual forgiveness and illustrating its presence in contemporary politics. It proceeds to explore grounds for criticism of political forgiveness - an authority criticism, a specificity criticism and a temporal distance criticism - and suggests that, although these difficulties can be overcome, they provide serious challenges to putative cases of political forgiveness.
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  40. Citizenship, Political Obligation, and the Right-Based Social Contract.Simon Cushing - 1998 - Dissertation, University of Southern California
    The contemporary political philosopher John Rawls considers himself to be part of the social contract tradition of John Locke, Jean-Jacques Rousseau and Immanuel Kant, but not of the tradition of Locke's predecessor, Thomas Hobbes. Call the Hobbesian tradition interest-based, and the Lockean tradition right-based, because it assumes that there are irreducible moral facts which the social contract can assume. The primary purpose of Locke's social contract is to justify the authority of the state over its citizens despite the (...)
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  41. Special Issue: ‘The State of Authority in the Globalizing Economy: Beyond the Public/Private Distinction’. Edited by Eva Hartmann and Poul F. Kjaer.Eva Hartmann & Poul F. Kjaer (eds.) - 2018 - Bloomington, USA: Indiana University Press.
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  42. Institutional Legitimacy.N. P. Adams - 2018 - Journal of Political Philosophy:84-102.
    Political legitimacy is best understood as one type of a broader notion, which I call institutional legitimacy. An institution is legitimate in my sense when it has the right to function. The right to function correlates to a duty of non-interference. Understanding legitimacy in this way favorably contrasts with legitimacy understood in the traditional way, as the right to rule correlating to a duty of obedience. It helps unify our discourses of legitimacy across a wider range of practices, especially (...)
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  43.  39
    Authority and Harm.Jonathan Parry - 2017 - Oxford Studies in Political Philosophy 3:252-278.
    This paper explores the connections between two central topics in moral and political philosophy: the moral legitimacy of authority and the ethics of causing harm. Each of these has been extensively discussed in isolation, but relatively little work has considered the implications of certain views about authority for theories of permissible harming, and vice versa. As I aim to show, reflection on the relationship between these two topics reveals that certain common views about, respectively, the justification of (...)
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  44.  85
    The Authority of the Master in the Analects.David Elstein - 2009 - Philosophy East and West 59 (2):pp. 142-172.
    This article takes issue with the stereotype of "Confucianism" as authoritarian, a view common in discussions of modern China as well as in scholarship on early China. By studying the roles of master and students and the relationship between them in the Analects , it attempts to show that according to this text the master did not occupy a position of complete dominance over the student. Masters are not generally considered to be like fathers, and students have more room to (...)
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  45. Communal and Institutional Trust: Authority in Religion and Politics.C. A. J. Coady - 2014 - European Journal for Philosophy of Religion 6 (4):1--23.
    Linda Zagzebski’s book on epistemic authority is an impressive and stimulating treatment of an important topic. 1 I admire the way she manages to combine imagination, originality and argumentative control. Her work has the further considerable merit of bringing analytic thinking and abstract theory to bear upon areas of concrete human concern, such as the attitudes one should have towards moral and religious authority. The book is stimulating in a way good philosophy should be -- provoking both disagreement (...)
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  46. Tying Legitimacy to Political Power: Graded Legitimacy Standards for International Institutions.Antoinette Scherz - forthcoming - European Journal of Political Theory:147488511983813.
    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 for international institutions are predominantly either minimal or democratic and cannot capture the large variety of international institutions. This article develops an autonomy-based conception of legitimacy based on the justification of political power that is applicable to both international and domestic institutions. Political power as rule-setting is a particular normative threat to the personal (...)
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  47.  63
    Why a World State Is Unnecessary: The Continuing Debate on World Government.W. Julian Korab-Karpowicz - 2018 - Interpretation 44 (3).
    The discussion of the possibility of world government has been revived since the end of the Cold War and particularly after the turn of the millennium. It has engaged many authors. In this article, I provide a survey of the continuing debate on world government. I explore the leading question of the debate, whether the conditions of insecurity in which states are placed and other global problems that face contemporary humanity require the creation of a global authority, and consequently, (...)
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  48. The Binding Force of Nascent Norms of International Law.Anthony Reeves - 2014 - Canadian Journal of Law and Jurisprudence 28 (1):145-166.
    Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...)
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  49.  59
    The Moral, the Personal and the Political.Garrett Cullity - 2008 - In Igor Primoratz (ed.), Politics and Morality. Basingstoke: Palgrave Macmillan. pp. 54-75.
    What is the relation between moral reasons and reasons of “political necessity”? Does the authority of morality extend across political decision-making; or are there “reasons of state” which somehow either stand outside the reach of morality or override it, justifying actions that are morally wrong? This chapter argues that attempts to claim a contra-moral justification for political action typically suffer from a fundamental confusion – a confusion about the nature and expression of practical justification. The author (...)
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  50.  48
    Logically Private Laws: Legislative Secrecy in "The War on Terror".Duncan MacIntosh - 2019 - In Claire Finkelstein & Michael Skerker (eds.), Sovereignty and the New Executive Authority. New York, USA: Oxford University Press. pp. 225-251.
    Wittgenstein taught us that there could not be a logically private language— a language on the proper speaking of which it was logically impossible for there to be more than one expert. For then there would be no difference between this person thinking she was using the language correctly and her actually using it correctly. The distinction requires the logical possibility of someone other than her being expert enough to criticize or corroborate her usage, someone able to constitute or hold (...)
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