Results for 'state legitimacy'

999 found
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  1. State Legitimacy and Self-Defence.Massimo Renzo - 2011 - Law and Philosophy 30 (5):575-601.
    In this paper I outline a theory of legitimacy that grounds the state’s right to rule on a natural duty not to harm others. I argue that by refusing to enter the state, anarchists expose those living next to them to the dangers of the state of nature, thereby posing an unjust threat. Since we have a duty not to pose unjust threats to others, anarchists have a duty to leave the state of nature and (...)
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  2.  79
    State Legitimacy and Religious Accommodation: The Case of Sacred Places.Janosch Prinz & Enzo Rossi - forthcoming - Journal of Law, Religion and State.
    In this paper we put forward a realist account of the problem of the accommodation of conflicting claims over sacred places. Our argument takes its cue from the empirical finding that modern, Western-style states necessarily mould religion into shapes that are compatible with state rule. So, at least in the context of modern states there is no pre-political morality of religious freedom that states ought to follow when adjudicating claims over sacred spaces. In which case most liberal normative theory (...)
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  3. On Renzo’s Attempt to Ground State Legitimacy in a Right to Self-Defense.Uwe Steinhoff - manuscript
    Massimo Renzo has recently offered a theory of legitimacy that attempts to ground the state’s right to rule on the assumption that people in the state of nature pose an unjust threat to each other and can therefore, in self-defense, be forced to enter the state, that is, to become subject to its authority. I argue that depending on how “unjust threat” is interpreted in Renzo’s self-defense argument for the authority of the state, either his (...)
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  4. Justification, Legitimacy, and Social Embeddedness: Locke and Rawls on Society and the State.Simon Cushing - 2003 - Journal of Value Inquiry 37 (2):217-231.
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  5.  76
    Legitimacy Beyond the State: Institutional Purposes and Contextual Constraints.N. P. Adams, Antoinette Scherz & Cord Schmelzle - 2020 - Critical Review of International Social and Political Philosophy 23 (3):281-291.
    The essays collected in this special issue explore what legitimacy means for actors and institutions that do not function like traditional states but nevertheless wield significant power in the global realm. They are connected by the idea that the specific purposes of non-state actors and the contexts in which they operate shape what it means for them to be legitimate and so shape the standards of justification that they have to meet. In this introduction, we develop this guiding (...)
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  6.  27
    Collective State Apologies and Moral (Il)Legitimacy.Victor F. Abundez-Guerra - 2021 - Public Philosophy Journal 4 (1):1-16.
    Abstract: We live in the age of apology, particularly the age of collective apology. Here, I focus specifically on collective state apologies. In these apologies, political leaders apologize on behalf of an entire collective to another collective, often a racial or ethnic minority. Cynicism and skepticism arise on whether these apologies are morally legitimate. Here, moral legitimacy entails that an apology deserves to be given the authority, seriousness, and consideration that interpersonal apologies usually demand. In this paper, I (...)
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  7. Property, Legitimacy, Ideology: A Reality Check.Enzo Rossi & Carlo Argenton - forthcoming - Journal of Politics.
    Drawing on empirical evidence from history and anthropology, we aim to demonstrate that there is room for genealogical ideology critique within normative political theory. The test case is some libertarians’ use of folk notions of private property rights in defence of the legitimacy of capitalist states. Our genealogy of the notion of private property shows that asking whether a capitalist state can emerge without violations of self-ownership cannot help settling the question of its legitimacy, because the notion (...)
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  8. The Asymmetry of Legitimacy.Bas van der Vossen - 2012 - Law and Philosophy 31 (5):565-592.
    State legitimacy is often said to have two aspects: an internal and an external one. Internally, a legitimate state has the right to rule over its subjects. Externally, it has a right that outsiders not interfere with its domestic governance. But what is the relation between these two aspects? In this paper, I defend a conception of legitimacy according to which these two aspects are related in an importantly asymmetrical manner. In particular, a legitimate state’s (...)
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  9. 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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  10. Pluralising Political Legitimacy.Duncan Ivison - 2018 - Postcolonial Studies 20 (1):118-130.
    Does the Australian state exercise legitimate power over the indigenous peoples within its borders? To say that the state’s political decisions are legitimate is to say that it has the right to impose those decisions on indigenous peoples and that they have a (at least a prima facie) duty to obey. In this paper, I consider the general normative frameworks within which these questions are often grasped in contemporary political theory. Two dominant modes of dealing with political (...) are through the politics of ‘recognition’ and ‘justification’. I argue that in order to address the fundamental challenges posed by indigenous peoples to liberal settler states today we need to pluralise our conceptions of political legitimacy. (shrink)
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  11. Legitimacy and Justice in Republican Perspective.Philip Pettit - 2012 - Current Legal Problems 65:59-82.
    Let justice be a feature of the social order imposed by a state and legitimacy a feature of how it is imposed: one that makes the imposition acceptable. This article argues that, so understood, legitimacy is quite a distinct concern from justice; that the core concern is with showing how state coercion is consistent with people’s being free citizens; that this does not require showing that the state exists by consensus or contract; that the best (...)
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  12. 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 focus more (...)
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  13. The Possibility of a Fair Play Account of Legitimacy.Justin Tosi - 2017 - Ratio 30 (1):88-99.
    The philosophical literature on state legitimacy has recently seen a significant conceptual revision. Several philosophers have argued that the state's right to rule is better characterized not as a claim right to obedience, but as a power right. There have been few attempts to show that traditional justifications for the claim right might also be used to justify a power right, and there have been no such attempts involving the principle of fair play, which is widely regarded (...)
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  14. Farewell to Political Obligation: In Defense of a Permissive Conception of Legitimacy.Jiafeng Zhu - 2015 - Pacific Philosophical Quarterly 96 (3).
    In the recent debate on political legitimacy, we have seen the emergence of a revisionist camp, advocating the idea of ‘legitimacy without political obligation,’ as opposed to the traditional view that political obligation is necessary for state legitimacy. The revisionist idea of legitimacy is appealing because if it stands, the widespread skepticism about the existence of political obligation will not lead us to conclude that the state is illegitimate. Unfortunately, existing conceptions of ‘legitimacy (...)
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  15. The Abdication of King Kuai of Yan and the Issue of Political Legitimacy in the Warring States Period.Keqian Xu - 2008 - Journal of School of Chinese Language and Culture 2008 (3).
    The event that King Kuai of Yan demised the crown to his premier Zizhi, is a tentative way of political power transmission happened in the social transforming Warring States Period, which was influenced by the popular theory of Yao and Shun’s demise of that time. However, this tentative was obviously a failure, coming under attacks from all Confucian, Taoist and Legalist scholars. We may understand the development of the thinking concerning the issue of political legitimacy during the Warring States (...)
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  16. Choice, Consent, and the Legitimacy of Market Transactions.Fabienne Peter - 2004 - Economics and Philosophy 20 (1):1-18.
    According to an often repeated definition, economics is the science of individual choices and their consequences. The emphasis on choice is often used – implicitly or explicitly – to mark a contrast between markets and the state: While the price mechanism in well-functioning markets preserves freedom of choice and still efficiently coordinates individual actions, the state has to rely to some degree on coercion to coordinate individual actions. Since coercion should not be used arbitrarily, coordination by the (...) needs to be legitimized by the consent of its citizens. The emphasis in economic theory on freedom of choice in the market sphere suggests that legitimization in the market sphere is “automatic” and that markets can thus avoid the typical legitimization problem of the state. In this paper, I shall question the alleged dichotomy between legitimization in the market and in the state. I shall argue that it is the result of a conflation of choice and consent in economics and show how an independent concept of consent makes the need for legitimization of market transactions visible. Footnotes1 For helpful comments and suggestions I am most grateful to Marc Fleurbaey, Alain Marciano, Herlinde Pauer-Studer, Thomas Pogge, Hans Bernhard Schmid, to seminar or conference participants in Aix-Marseille, Tutzing, Paris, and Amsterdam, and to two anonymous referees. (shrink)
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  17.  40
    Legitimacy and Importance of the Traditional Authority in Africa: K.A. Appiah's Approach and Its Critique.Krzysztof Trzcinski - 2010 - Africana Bulletin 58:47-74.
    In many African states, numerous different pre-colonial systems of power – such as kingships, sultanates or chieftaincies – which have a traditional legitimacy often confirmed in colonial and post-colonial times, have survived till our day. Their role in the contemporary republican state has been studied by many African intellectuals, and the views of Kwame Anthony Appiah, a thinker originating from Ghana, are of particular interest. He believes that in order to understand the significance of traditional authority and the (...)
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  18. Legitimacy and Institutional Purpose.N. P. Adams - 2020 - Critical Review of International Social and Political Philosophy 23 (3):292-310.
    Institutions undertake a huge variety of constitutive purposes. One of the roles of legitimacy is to protect and promote an institution’s pursuit of its purpose; state legitimacy is generally understood as the right to rule, for example. When considering legitimacy beyond the state, we have to take account of how differences in purposes change legitimacy. I focus in particular on how differences in purpose matter for the stringency of the standards that an institution must (...)
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  19. 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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  20. Kant's Non-Absolutist Conception of Political Legitimacy –– How Public Right ‘‘Concludes’’ Private Right in the ““Doctrine of Right””.Helga Varden - 2010 - Kant-Studien 101 (3):331-351.
    Contrary to the received view, I argue that Kant, in the “Doctrine of Right”, outlines a third, republican alternative to absolutist and voluntarist conceptions of political legitimacy. According to this republican alternative, a state must meet certain institutional requirements before political obligations arise. An important result of this interpretation is not only that there are institutional restraints on a legitimate state's use of coercion, but also that the rights of the state are not in principle reducible (...)
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  21.  4
    Resisting Legitimacy: Weber, Derrida, and the Fallibility of Sovereign Power.Thomas Clément Mercier - 2016 - Global Discourse 6 (3):374-391.
    In this article, I engage with Derrida’s deconstructive reading of theories of performativity in order to analyse Max Weber’s sovereignty–legitimacy paradigm. First, I highlight an essential articulation between legitimacy and sovereign ipseity (understood, beyond the sole example of State sovereignty, as the autopositioned power-to-be-oneself). Second, I identify a more originary force of legitimation, which remains foreign to the order of performative ipseity because it is the condition for both its position and its deconstruction. This suggests an essential (...)
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  22. The Rights of the Guilty: Punishment and Political Legitimacy.Corey Brettschneider - 2007 - Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political (...)
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  23. Should the State Fund Religious Schools?Michael S. Merry - 2007 - Journal of Applied Philosophy 24 (3):255–270.
    In this article, I make a philosophical case for the state to fund religious schools. Ultimately, I shall argue that the state has an obligation to fund and provide oversight of all schools irrespective of their religious or non-religious character. The education of children is in the public interest and therefore the state must assume its responsibility to its future citizens to ensure that they receive a quality education. Still, while both religious schools and the polity have (...)
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  24. “Legal Form and Legal Legitimacy: The IHRA Definition of Antisemitism as a Case Study in Censored Speech”.Rebecca Ruth Gould - 2018 - Law, Culture and the Humanities 1 (online first).
    The challenge posed by legal indeterminacy to legal legitimacy has generally been considered from points of view internal to the law and its application. But what becomes of legal legitimacy when the legal status of a given norm is itself a matter of contestation? This article, the first extended scholarly treatment of the International Holocaust Remembrance Alliance (IHRA)’s new definition of antisemitism, pursues this question by examining recent applications of the IHRA definition within the UK following its adoption (...)
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  25. Kant and Dependency Relations: Kant on the State’s Right to Redistribute Resources to Protect the Rights of Dependents.Helga Varden - 2006 - Dialogue 45 (2):257-284.
    ABSTRACT: Contrary to much Kant interpretation, this article argues that Kant’s moral philosophy, including his account of charity, is irrelevant to justifying the state’s right to redistribute material resources to secure the rights of dependents. The article also rejects the popular view that Kant either does not or cannot justify anything remotely similar to the liberal welfare state. A closer look at Kant’s account of dependency relations in “The Doctrine of Right” reveals an argumentative structure sufficient for a (...)
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  26. When the State Speaks, What Should It Say? The Dilemmas of Freedom of Expression and Democratic Persuasion.Corey Brettschneider - 2010 - Perspectives on Politics 8 (4):1005-1019.
    Hate groups are often thought to reveal a paradox in liberal thinking. On the one hand, such groups challenge the very foundations of liberal thought, including core values of equality and freedom. On the other hand, these same values underlie the rights such as freedom of expression and association that protect hate groups. Thus a liberal democratic state that extends those protections to such groups in the name of value neutrality and freedom of expression may be thought to be (...)
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  27. Social Media Disinformation and the Security Threat to Democratic Legitimacy.Regina Rini - 2019 - NATO Association of Canada: Disinformation and Digital Democracies in the 21st Century:10-14.
    This short piece draws on political philosophy to show how social media interference operations can be used by hostile states to weaken the apparent legitimacy of democratic governments. Democratic societies are particularly vulnerable to this form of attack because democratic governments depend for their legitimacy on citizens' trust in one another. But when citizen see one another as complicit in the distribution of deceptive content, they lose confidence in the epistemic preconditions for democracy. The piece concludes with policy (...)
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  28. Why a World State is Unavoidable in Planetary Defense: On Loopholes in the Vision of a Cosmopolitan Governance.Pavel Dufek - 2019 - In Nikola Schmidt (ed.), Planetary Defense: Global Collaboration for Defending Earth from Asteroids and Comet. Cham: pp. 375–399.
    The main claim of this chapter is that planetary defense against asteroids cannot be implemented under a decentralized model of democratic global governance, as espoused elsewhere in this book. All relevant indices point to the necessity of establishing a centralized global political authority with legitimate coercive powers. It remains to be seen, however, whether such a political system can be in any recognizable sense democratic. It seems unconvincing that planetary-wide physical-threat, all-comprehensive macrosecuritization, coupled with deep transformations of international law, global (...)
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  29.  94
    Can Liberal States Accommodate Indigenous Peoples?Duncan Ivison - 2020 - Cambridge, UK: Polity.
    The original – and often continuing – sin of countries with a settler colonial past is their brutal treatment of indigenous peoples. This challenging legacy continues to confront modern liberal democracies ranging from the USA and Canada to Australia, New Zealand and beyond. Duncan Ivison’s book considers how these states can justly accommodate indigenous populations today. He shows how indigenous movements have gained prominence in the past decade, driving both domestic and international campaigns for change. He examines how the claims (...)
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  30. Neither a State of Nature nor a State of Exception: Law, Sovereignty, and Immigration.José Jorge Mendoza - 2011 - Radical Philosophy Review 14 (2):187-195.
    Since at least the second half of the 19th century, the U.S. federal government has enjoyed “plenary power” over its immigration policy. Plenary power allows the federal government to regulate immigration free of judicial review and thereby, with regard to immigration cases, minimize the Constitutional protections afforded to non-citizens. The justification for granting the U.S federal government such broad powers comes from a certain understanding of sovereignty; one where limiting sovereign authority in cases like immigration could potentially undermine its (...) and thereby lead to something like a Hobbesian “state of nature.” One of the potential downsides of allowing the federal government to have such broad powers, however, is the potential to place non-citizens in a situation analogous to what Giorgio Agamben has called the “state of exception.” This situation appears to leave us with the following dichotomy: without something like the plenary power doctrine a political community will end up with a state of nature, but with something like the plenary power doctrine they end up with a state of exception. This essay offers a two-part response to this dilemma. First, it argues that the plenary power doctrine goes against the spirit of the U.S. Constitution, specifically the Fourteenth Amendment. Non-citizens, even undocumented immigrants, are entitled to more Constitutional protections than they currently enjoy. Second, since extending these protections is more consistent with the spirit of the Constitution, I argue that curtailing the federal government’s power over matters of immigration does not undermine its sovereignty, but promotes it. In short, with regard to immigration, it is a false but seductive dichotomy that constitutional democracies must choose between a state of nature and a state of exception. (shrink)
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  31. Is There a Liberal Right to Secede From a Liberal State?Matthew J. Webb - 2006 - TRAMES 10 (4):371-386.
    This paper explores the question of whether there can be a right to secede from a liberal state by examining the concept of a liberal state and the different forms of liberalism that may be appealed to in order to justify secession. It argues that where the foundations of the state’s legitimacy are conceived in terms of a non-derivative right to self-determination, then secession from a liberal state may be a justified form of action for (...)
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  32. For Whose Benefit? Fear and Loathing in the Welfare State.Arianna Bove - 2014 - Journal of Political Marketing 13 (1-2):108-126.
    This article contributes to the debate on the relationship between marketing and propaganda through an analysis of social marketing as a mode of governing in permanent campaigning. The working hypothesis is that social marketing operations are agitational rather than propagandistic. The conceptual approach stems from a comparison of propaganda and marketing with Fordist and post-Fordist modes of production and governance. The research into the role of agitation involves an empirical study of the UK government campaign against benefit fraud, the most (...)
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  33. 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 (...)
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  34. 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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  35. The EU's Democratic Deficit in a Realist Key: Multilateral Governance, Popular Sovereignty, and Critical Responsiveness.Jan Pieter Beetz & Enzo Rossi - forthcoming - Transnational Legal Theory.
    This paper provides a realist analysis of the EU's legitimacy. We propose a modification of Bernard Williams' theory of legitimacy, which we term critical responsiveness. For Williams, 'Basic Legitimation Demand + Modernity = Liberalism'. Drawing on that model, we make three claims. (i) The right side of the equation is insufficiently sensitive to popular sovereignty; (ii) The left side of the equation is best thought of as a 'legitimation story': a non-moralised normative account of how to shore up (...)
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  36. The Ethics of Government Whistleblowing.Candice Delmas - 2015 - Social Theory and Practice 41 (1):77-105.
    What is wrong with government whistleblowing and when can it be justified? In my view, ‘government whistleblowing’, i.e., the unauthorized acquisition and disclosure of classified information about the state or government, is a form of ‘political vigilantism’, which involves transgressing the boundaries around state secrets, for the purpose of challenging the allocation or use of power. It may nonetheless be justified when it is suitably constrained and exposes some information that the public ought to know and deliberate about. (...)
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  37.  98
    Civic Education: Political or Comprehensive?Elizabeth Edenberg - 2016 - In Johannes Drerup, Gunter Graf, Christoph Schickhardt & Gottfried Schweiger (eds.), Justice, Education, and the Politics of Childhood: Challenges and Perspectives. pp. 187-206.
    In this chapter, I consider the problem children, conceived of as future citizens, pose to understanding the scope and limits of Rawls’s Political Liberalism by focusing on the civic education of children. Can a politically liberal state provide all children the opportunity to become reasonable citizens? Or does the cultivation of reasonableness require comprehensive liberalism? I show that educating children to become reasonable in the way Rawls outlines imposes a demanding requirement that conflicts with Rawls’s aim of including a (...)
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  38. The Real Value of Equality.Robert Jubb - forthcoming - Journal of Politics.
    This paper investigates how political theorists and philosophers should understand egalitarian political demands in light of the increasingly important realist critique of much of contemporary political theory and philosophy. It suggests, first, that what Martin O'Neill has called non-intrinsic egalitarianism is, in one form at least, a potentially realistic egalitarian political project and second, that realists may be compelled to impose an egalitarian threshold on state claims to legitimacy under certain circumstances. Non-intrinsic egalitarianism can meet realism’s methodological requirements (...)
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  39. Punishment and Justice.Jules Holroyd - 2010 - Social Theory and Practice 36 (1):78-111.
    Should the state punish its disadvantaged citizens who have committed crimes? Duff has recently argued that where disadvantage persists the state loses its authority to hold individuals to account and to punish for criminal wrongdoings. I here scrutinize Duff’s argument for the claim that social justice is a precondition for the legitimacy of state punishment. I sharpen an objection to Duff’s argument: with his framework, we seem unable to block the implausible conclusion that where disadvantage persists (...)
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  40. Enforcing Cosmopolitan Justice: The Problem of Intervention.Kok-Chor Tan - 2010 - In Roland Pierik & Wouter Werner (eds.), Cosmopolitanism in Context. Cambridge University Press.
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  41.  59
    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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  42. Democratic Deliberation and the Ethical Review of Human Subjects Research.Govind Persad - 2014 - In I. Glenn Cohen & Holly Fernandez Lynch (eds.), Human Subjects Research Regulation: Perspectives on the Future. MIT Press. pp. 157-72.
    In the United States, the Presidential Commission for the Study of Bioethical Issues has proposed deliberative democracy as an approach for dealing with ethical issues surrounding synthetic biology. Deliberative democracy might similarly help us as we update the regulation of human subjects research. This paper considers how the values that deliberative democratic engagement aims to realize can be realized in a human subjects research context. Deliberative democracy is characterized by an ongoing exchange of ideas between participants, and an effort to (...)
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  43.  58
    The Constitution and Tripartite System of Government: From the Mutiny for the Limited Government Through the Interbranch Subtlety.Kiyoung Kim - 2014 - International Journal of Advanced Research 2 (9):392-401.
    The modern form of government resort their legitimacy to democracy and Republican concept. In any viable way, the political power no longer entertains the dynasty or any divinity from the religion. Then who are responsible to make us fateful if we are any kind of citizen in a polity. Often it is true that the government has to be an amalgam of power elites, and divided for a limited government. The modern democratic constitutionalism considered this aspect any most in (...)
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  44. Memory, Natural Kinds, and Cognitive Extension; or, Martians Don’T Remember, and Cognitive Science Is Not About Cognition.Robert D. Rupert - 2013 - Review of Philosophy and Psychology 4 (1):25-47.
    This paper evaluates the Natural-Kinds Argument for cognitive extension, which purports to show that the kinds presupposed by our best cognitive science have instances external to human organism. Various interpretations of the argument are articulated and evaluated, using the overarching categories of memory and cognition as test cases. Particular emphasis is placed on criteria for the scientific legitimacy of generic kinds, that is, kinds characterized in very broad terms rather than in terms of their fine-grained causal roles. Given the (...)
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  45.  23
    Justification Not Recognition.Duncan Ivison - 2016 - Indigenous Law Bulletin 24 (8):12-18.
    The debate over the constitutional recognition of Indigenous peoples is a deeply political one. That might appear to be a controversial claim. After all, there has been much talk about minimising the scope for disagreement between ‘constitutional conservatives’ and supporters of more expansive constitutional recognition. And there is concern to ensure that any potential referendum enjoys the maximum conditions and opportunity for success. However, my argument shall be that any form of constitutional recognition of Australia’s First Peoples needs to be (...)
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  46. Evidence and Explanation in Cicero's On Divination.Frank Cabrera - 2020 - Studies in History and Philosophy of Science Part A 82:34-43.
    In this paper, I examine Cicero’s oft-neglected De Divinatione, a dialogue investigating the legitimacy of the practice of divination. First, I offer a novel analysis of the main arguments for divination given by Quintus, highlighting the fact that he employs two logically distinct argument forms. Next, I turn to the first of the main arguments against divination given by Marcus. Here I show, with the help of modern probabilistic tools, that Marcus’ skeptical response is far from the decisive, proto-naturalistic (...)
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  47. Tolerating Hate in the Name of Democracy.Amanda Greene & Robert Mark Simpson - 2017 - Modern Law Review 80 (4):746-65.
    This article offers a comprehensive and critical analysis of Eric Heinze’s book Hate Speech and Democratic Citizenship (Oxford University Press, 2016). Heinze’s project is to formulate and defend a more theoretically complex version of the idea (also defended by people like Ronald Dworkin and James Weinstein) that general legal prohibitions on hate speech in public discourse compromises the state’s democratic legitimacy. We offer a detailed synopsis of Heinze’s view, highlighting some of its distinctive qualities and strengths. We then (...)
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  48. Can Schools Teach Citizenship?Michael Merry - 2020 - Discourse 41 (1):124-138.
    In this essay I question the liberal faith in the efficacy and morality of citizenship education (CE) as it has been traditionally (and is still) practiced in most public state schools. In challenging institutionalized faith in CE, I also challenge liberal understandings of what it means to be a citizen, and how the social and political world of citizens is constituted. I interrogate CE as defended in the liberal tradition, with particular attention to Gutmann’s ‘conscious social reproduction’. I argue (...)
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  49. The Twilight of the Liberal Social Contract? On the Reception of Rawlsian Political Liberalism.Enzo Rossi - forthcoming - In Kelly Becker & Iain Thomson (eds.), The Cambridge History of Philosophy, 1945–2015. Cambridge: Cambridge University Press.
    This chapter discusses the Rawlsian project of public reason, or public justification-based 'political' liberalism, and its reception. After a brief philosophical rather than philological reconstruction of the project, the chapter revolves around a distinction between idealist and realist responses to it. Focusing on political liberalism’s critical reception illuminates an overarching question: was Rawls’s revival of a contractualist approach to liberal legitimacy a fruitful move for liberalism and/or the social contract tradition? The last section contains a largely negative answer to (...)
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  50. Libertarian Theories of Intergenerational Justice.Peter Vallentyne & Hillel Steiner - 2009 - In Axel Gosseries & Lukas Meyer (eds.), Justice Between Generations. Oxford University Press.
    Justice and Libertarianism The term ‘justice’ is commonly used in several different ways. Sometimes it designates the moral permissibility of political structures (such as legal systems). Sometimes it designates moral fairness (as opposed to efficiency or other considerations that are relevant to moral permissibility). Sometimes it designates legitimacy in the sense of it being morally impermissible for others to interfere forcibly with the act or omission (e.g., my failing to go to dinner with my mother may be wrong but (...)
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