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Innate right, indeterminacy, and official discretion: A puzzle for Kantians

This paper poses a puzzle for contemporary Kantian political philosophy. Kantian political philosophers hold that the state’s purpose is to secure the conditions for people’s innate right to equal ... Humanity'. Ethics. Vol. 121. No. 1. pp. 116-147. 2010; 'Neither Perfectionism nor Political Liberalism'. Philosophy & Public Affairs. Vol. 44. No. 3. pp. 171-196. 2016), Arthur Ripstein (Force and Freedom

Ambiguous Sovereignty: Political Judgment and the Limits of Law in Kant’s Doctrine of Right

Kantian legalism is now the dominant scholarly interpretation of Kant and an important approach to legal and political philosophy in its own right. One notable feature is its construal of the ... law and politics. This paper addresses the relationship between law and politics in the context of legalistic readings of Kant's political philosophy, as found in its most mature statement The Doctrine

Toward a New Political Project: Resetting by Reconceptualizing

meaningful alternatives to transform the system. It then suggests that a total reset is required and offers an innovative theoretical framework, to conceptualize the new political project, that can transcend ... population out of absolute economic poverty has been regarded as an expression of political meritocracy’s ‘success.’ Because political meritocracy corresponds with classic Chinese political philosophy

Reset or Revolution? Contemporary Problems of Political Stability and Some Ancient Solutions

In this article I take a critical look into the challenges faced by the contemporary social, political, and economic scene in Europe and the United States after nearly eighty years of political ... injustice, they ought to be suspended. Neither are they bad—it is thanks to the rules that the world escapes anarchy after the reset. From the perspective of political philosophy, the biblical model of reset

Liability for Emissions without Laws or Political Institutions

. 2 See especially Simon Caney, ‘Climate Change and the Duties of the Advantaged’, Critical Review of International Social and Political Philosophy 13 (2010): 203–228. For the burden-sharing debate in ... , ‘Does Anthropogenic Climate Change Violate Human Rights?’ Critical Review of International Social and Political Philosophy 14 (2011): 99-124. Bell suggests that actors are morally required to ‘reduce

Stability, Autonomy, and the Foundations of Political Liberalism

An attractive form of social stability is realized when the members of a well-ordered society give that society’s organizing principles their free and reflective endorsement. However, many political ... Law and Philosophy https://doi.org/10.1007/s10982-021-09435-5 The Author(s) 2022 ANTHONY TAYLOR STABILITY, AUTONOMY, AND THE FOUNDATIONS OF POLITICAL LIBERALISM (Accepted 17 November 2021

Ethics, Force, and Power: On the Political Preconditions of Just War

weakened by its political assumptions, revisionists frequently fail to pay any attention to the vagaries of power and their effects in shaping the outcomes of different accounts of ethics. I therefore argue ... are, of course, rival accounts of the ideal/non-ideal distinction. For a critical review, see Zofia Stemplowska and Adam Swift, ‘Ideal and Nonideal Theory,’ Oxford Handbook of Political Philosophy, ed

The Unilateral Authority Theory of Punishment

-rights forfeiture views see Massimo Renzo, ‘Rights Forfeiture and Liability to Harm’, The Journal of Political Philosophy, 25 (3), (2017): 324–342. adopt here – which begins with an account of how ... nature.35 Once again, though, the unilateral authority theory is agnostic on these deeper questions of political philosophy. It is perhaps easier to see how the mechanics of the unilateral authority theory

Authority, Democracy, and Legislative Intent

Perry, ‘Political Authority and Political Obligation’, in John Gardner, Leslie Green, and Brian Leiter (eds.), Oxford Studies in Philosophy of Law, vol. 2 (New York: Oxford University Press, 2013), pp. 1 ... the basis of justice. See Daniel Viehoff, ‘Democratic Equality and Political Authority’, Philosophy and Public Affairs, 42: 4 (2014), pp. 338–375. The problem with this argument is that justice itself

Hart as an Inferentialist: The Methodological Pragmatist Insight in Hart’s Inaugural Lecture

Jurisprudes today differ in their interpretations of H.L.A. Hart’s analysis of the semantics of internal legal statements. Drawing upon the philosophy of language and metaethics to reconstruct Hart’s ... of the most important figures in Anglo-American jurisprudence, has also tackled this question. However, jurisprudes today differ in their interpretations of Hart’s answer: drawing upon the philosophy

Peacemaking and Peacebuilding in a Divided Society: South Africa’s National Peace Accord in the Transition from Apartheid to Democracy

‘infrastructure for peace’ featuring inclusive peace committees at national, regional, and local levels. The Accord freed a political logjam, allowing constitutional talks to commence, and its peace structures then ... philosophy of community policing. These provisions also applied to the military when acting in support of the police. The government undertook not to use covert operations to promote or undermine any political

Against Public Reason’s Alleged Self-Defeat

Mainstream political liberals hold that state coercion is legitimate only if it is justified on the grounds of reasons that all may reasonably be expected to accept. Critics argue that this public ... , Political Liberalism. Expanded Edition (New York: Columbia University Press , 2005), pp. 137, 217, 226, 243, 393 , USA 1 Department of Philosophy, Social Sciences Building University of Warwick , Coventry

Relational and Distributive Discrimination

Elizabeth Anderson, ‘‘What Is the Point of Equality?,’’ Ethics 109, no. 2 (January 1999): pp. 287– 337; Zoltan Miklosi, ‘‘Varieties of Relational Egalitarianism,’’ in Oxford Studies in Political Philosophy ... Center for Interdisciplinary Legal Research, the Swiss Center for Conflict Research, and the Centre for Moral and Political Philosophy (all at the Hebrew University of Jerusalem); the Edmond J. Safra

What a Home Does

Analytic philosophy has largely neglected the topic of homelessness. The few notable exceptions, including work by Jeremy Waldron and Christopher Essert, focus on our interests in shelter, housing ... homeless, it might not thereby acknowledge a duty to remedy their situation. Analytic moral and political philosophy has largely neglected the tangle of legal, ethical, and cultural issues that constitutes

Methodologies of Rule of Law Research: Why Legal Philosophy Needs Empirical and Doctrinal Scholarship

independence and about the institutional relationship between courts and legislatures, on which legal and political philosophy are usually silent.38 As Möllers claims, ‘What constitutional scholarship lacks in ... quite common. Starting from the assumption that the rule of law is a political ideal, arguing the value of the rule of law is an important task for legal philosophy. Although I have not stressed this in

The moral permissibility of banishment

political philosophy. Appealing to imprisonment allows me to 9 A reviewer for this journal suggests an interesting line of argument, different from mine: people can be given a choice between imprisonment ... of citizenship.1 The prevailing view among legal and political theorists who have written on the matter is that denationalization is never, or 1 Historical overviews of denationalization in the United

Turkey’s Map of Emotions and Its Political Reflections

Political psychology is an interdisciplinary scientific field that that combines politics and psychology to explore the effect of emotions in politics. It examines the backgrounds of political ... Sayar , Gokben; Unubol, Huseyin; Ulke Aribogan, Deniz; and Tarhan, Nevzat (2020) "Turkey's Map of 2 Gokben Hizli Sayar Uskudar University , Istanbul Part of the Political Science Commons, Psychology

Referendum Metrics: the numbers game, Chapter Five from Perils and Prospects of a United Ireland

politicians across the ethno-national divide, a range of academics and political commentators, and religious leaders. The context for the chapter is the Belfast/Good Friday Agreement (B/GFA), which ended thirty ... contentious. If you layered that on an already volatile political situation, it could be very dangerous.1 – Naomi Long, Minister of Justice, Alliance Party leader There’s a good chance of a border poll within

The Law of Negligence, Blameworthy Action and the Relationality Thesis: A Dilemma for Goldberg and Zipursky’s Civil Recourse Theory of Tort Law

In this paper, I discuss Goldberg and Zipursky’s Recognizing Wrongs and argue that there is a tension between their philosophy of action as applied to the law of negligence and the idea that the ... political and moral philosophy to give content to the relationality thesis and, consequently, to justify the intervention of the State, nor is there the need to use the Kantian framework to show the immanent

Reinventing Multilateral Order

that serves the interests of human civilization and not the nation-states. The new grid can be grounded in the philosophy that the world should be treated as a family. It is utopian to expect the nation ... multilateral framework for resolving political and security conflicts between the superpowers. The structural weaknesses of the multilateral order have been accentuated in recent years by a wave of nationalism