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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
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
. 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
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
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
-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
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
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
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
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
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
, Public Law and Legal Theory Commons , Race, Ethnicity and Post- 3 New York University - Washington , D.C. , USA 4 Commons, Cultural Heritage Law Commons, Election Law Commons , Ethics and Political ... Philosophy 5 Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons , Courts Follow this and additional works at: https://www.repository.law.indiana.edu/ijlse Colonial Studies Commons
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
A long-standing colloquialism amongst politicians and people in the political world is “People love their congressmen but hate Congress.”4 While not a new sentiment, distrust of the political system
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
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
Constitution were set at the founding and have not changed or adapted since. See Marcia Coyle, ‘His Judicial Philosophy Is Mine’: Amy Barrett Touts Scalia in Remarks From Rose Garden, THE NATIONAL LAW JOURNAL ... (Sep. 26, 2020), https://www.law.com/nationallawjournal/2020/09/26/his-judicial-philosophy-is-mine-amy-barrett-toutsscalia-in-remarks-from-rose-garden/?slreturn=20230227132623. 2023] value judgments in
distinctive insofar as precedent can be a distinctive source of law. From the standpoint of political theory, it also 11 Cf. H.L.A. Hart, ‘Positivism and the Separation of Law and Morals’, Harv L Rev 71( 4 ... the other hand, is a wide category encompassing various considerations of political morality, such as poor or inefficient institutional design, significant burdens for obtaining judicial redress
that the acceptance of a retributive penal philosophy has been one of the chief factors that has brought about mass incarceration in the first place. As a self-proclaimed retributivist, I find these ... Mass Incarceration (Oxford: Oxford University Press , 2016), Chapter Five; and David Hayes: Confronting Penal Excess, Oxford: Hart Pub. Co., 2019 1 Department of Philosophy Rutgers University , New
Berlinerblau defines secularism as ?[a] political philosophy which . . . is preoccupied with, and often deeply suspicious of, any and all relations between government and religion.?50 And, finally, defining ... philosophy that results in depriving religious leaders of political power but maintaining a benign attitude toward their religious beliefs. This notion has been consistently backed by religious liberals, the
