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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
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
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
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
Treason is one of the most serious legal offences that there are, in most if not all jurisdictions. Laws against treason are rooted in deep-seated moral revulsion about acts which, in the political ... empirical literature on treason on the other hand, contemporary moral and political philosophy has been somewhat silent on this particular issue. 1 For a book-length account of Gordievsky’s work and of his
political life and privacy facilitates it. This view of privacy still informs current legal and political practice. As this view of privacy presupposes a tension between privacy and society, it is responsible ... Rawls PRIVACY AND AUTONOMY: ON SOME MISCONCEPTIONS CONCERNING THE POLITICAL DIMENSIONS OF PRIVACY 0 Institute of Philosophy Leiden University , Nonnensteeg 3, 2311 VJ, Leiden , The Netherlands One
Rights-Based Definition of Voluntariness’, Journal of Political Philosophy 6, no. 1 (1998): 54. voluntariness of actions, and autonomy as the second-order capacity to reflect critically over one’s first ... lay in its being harmful. This would be useful because it would make our moral, legal, and political theorising easier than if risk were not harmful. This is because harm already plays a significant
It is commonly stated, by both whistleblower protection laws and political philosophers, that a breach of state secrecy by disclosing classified documents is justified if it serves the public ... greater common good.31 Because of these concerns, the concept has largely fallen out of fashion in legal and political philosophy in recent decades. As a consequence, the concept has retained its