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  1. Why Liberal States Must Accommodate Tax Resistors.Jason Brennan - forthcoming - Public Affairs Quarterly.
    Liberal states ought to accommodate conscientious tax resistance for the same reasons they should accommodate conscientious objection to fighting in war. Conscientious objection to fighting is nothing special.
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  2. Political Legitimacy as an Existential Predicament.Thomas Fossen - forthcoming - Political Theory:009059172110478.
    This essay contributes to developing a new approach to political legitimacy by asking what is involved in judging the legitimacy of a regime from a practical point of view. It is focused on one aspect of this question: the role of identity in such judgment. I examine three ways of understanding the significance of identity for political legitimacy: the foundational, associative, and agonistic picture. Neither view, I claim, persuasively captures the dilemmas of judgment in the face of disagreement and uncertainty (...)
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  3. What Immigrants Owe.Adam Lovett & Daniel Sharp - forthcoming - Ergo: An Open Access Journal of Philosophy.
    Unlike natural-born citizens, many immigrants have agreed to undertake political obligations. Many have sworn oaths of allegiance. Many, when they entered their adopted country, promised to obey the law. This paper is about these agreements. First, it’s about their validity. Do they actually confer political obligations? Second, it’s about their justifiability. Is it permissible to get immigrants to undertake such political obligations? Our answers are ‘usually yes’ and ‘probably not’ respectively. We first argue that these agreements give immigrants political obligations. (...)
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  4. Consent by Residence: A Defense.Stephen Puryear - 2021 - European Journal of Political Theory 20 (3):529-546.
    The traditional view according to which we adults tacitly consent to a state’s lawful actions just by living within its borders—the residence theory—is now widely rejected by political philosophers. According to the critics, this theory fails because consent must be (i) intentional, (ii) informed, and (iii) voluntary, whereas one’s continued residence within a state is typically none of these things. Few people intend to remain within the state in which they find themselves, and few realize that by remaining they are (...)
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  5. Overriding Adolescent Refusals of Treatment.Anthony Skelton, Lisa Forsberg & Isra Black - 2021 - Journal of Ethics and Social Philosophy 20 (3):221-247.
    Adolescents are routinely treated differently to adults, even when they possess similar capacities. In this article, we explore the justification for one case of differential treatment of adolescents. We attempt to make philosophical sense of the concurrent consents doctrine in law: adolescents found to have decision-making capacity have the power to consent to—and thereby, all else being equal, permit—their own medical treatment, but they lack the power always to refuse treatment and so render it impermissible. Other parties, that is, individuals (...)
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  6. The Role of Consent in Locke’s Theory of State.Elena Yi-Jia Zeng - 2020 - Historical Inquiry, Journal of National Taiwan University 66:201-236.
    John Locke’s theory of state is heavily constructed around his doctrine of consent. The doctrine indeed signifies a critical moment in the development of liberal and democratic theories in the history of political thought. Nevertheless, the doctrine has provoked various controversies and raises doubts on whether Locke’s early and later positions are reconcilable. This paper joins the scholarly debate through investigating the role of consent in Locke’s theory of state. It rejects the ahistorical readings of the doctrine that deliberation and (...)
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  7. Global Public Reason, Diversity, and Consent.Samuel Director - 2019 - Philosophical Papers 48 (1):31-57.
    In this paper, I examine global public reason as a method of justifying a global state. Ultimately, I conclude that global public reason fails to justify a global state. This is the case, because global public reason faces an unwinnable dilemma. The global public reason theorist must endorse either a hypothetical theory of consent or an actual theory of consent; if she endorses a theory of hypothetical consent, then she fails to justify her principles; and if she endorses a theory (...)
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  8. Torture with Consent.Terence Rajivan Edward - 2019 - Philosophical Pathways (230):1-3.
    There are attempts to define torture which say that a person is only being tortured if the pain inflicted upon them is pain that they have not consented to. In this very brief paper, I recommend that we define torture without this condition.
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  9. Language and Legitimacy: Is Pragmatist Political Theory Fallacious?Thomas Fossen - 2019 - European Journal of Political Theory 18 (2):293-305.
    Eva Erman and Niklas Möller have recently criticised a range of political theorists for committing a pragmatistic fallacy, illicitly drawing normative conclusions from politically neutral ideas abo...
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  10. Berkeley: sobre la autoridad civil y el Estado secular / Berkeley on Civil Authority and Secular State.Alberto Luis López - 2019 - Bajo Palabra. Revista de Filosofía 22 (II):131-146.
    Berkeley’s social and political writings play an important role in his philosophy although, surprisingly, has been little studied by scholars. This lack of scholarly attention is a deficiency because such writings are not only interesting, but even more essential for understanding Berkeley’s philosophy as a whole, since point toward the same goal that his epistemological and metaphysical writings serves, namely, consolidate his apologetic and humanist project. This paper focuses on that forgotten part of Berkeley’s philosophy and aims to explore a (...)
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  11. 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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  12. Tying Legitimacy to Political Power: Graded Legitimacy Standards for International Institutions.Antoinette Scherz - 2019 - European Journal of Political Theory.
  13. लोकतंत्र द्वारा आत्महत्या अमेरिका और दुनिया के लिए एक प्रसूति.Michael Richard Starks - 2019 - Las Vegas, NV USA: Reality Press.
    अमेरिका और दुनिया अत्यधिक जनसंख्या वृद्धि से पतन की प्रक्रिया में हैं, पिछली सदी के लिए यह सबसे अधिक है, और अब यह सब, 3 दुनिया के लोगों के कारण. संसाधनों की खपत और 3 अरब से अधिक ca. 2100 के अलावा औद्योगिक सभ्यता पतन और भुखमरी, रोग, हिंसा और एक चौंका देने वाले पैमाने पर युद्ध के बारे में लाना होगा. पृथ्वी हर साल अपने topsoil के कम से कम 1% खो देता है, तो के रूप में यह 2100 (...)
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  14. Democracias. Participación, deliberación y movimientos sociales [traducción].Donatella Della Porta & Facundo Bey - 2018 - Buenos Aires, CABA, Argentina: Prometeo Libros.
    Existe una impresionante paradoja en la era contemporánea: de África a Europa del Este, de Asia a América Latina, cada vez más naciones adhieren a la idea de la democracia; pero lo hacen justo en el momento en que la eficacia misma de la democracia como forma de organización a nivel nacional es puesta en tela de juicio de manera manifiesta. Mientras que importantes áreas de la actividad humana son organizadas progresivamente a nivel (macro) regional o global, el destino de (...)
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  15. The Routledge Handbook of the Ethics of Consent.Peter Schaber & Andreas Müller (eds.) - 2018 - Routledge.
    While the importance of Consent has been discussed widely over the last few decades, interest in its study has received renewed attention in recent years, particularly regarding medical treatment, clinical research and sexual acts. The Routledge Handbook of the Ethics of Consent is an outstanding reference source to this exciting subject and the first collection of its kind. Comprising over thirty chapters by a team of international contributors the Handbook is divided into five main parts: General Questions Normative Ethics Legal (...)
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  16. Rethinking the Principle of Fair Play.Justin Tosi - 2018 - Pacific Philosophical Quarterly 99 (4):612-631.
    The principle of fair play is widely thought to require simply that costs and benefits be distributed fairly. This gloss on the principle, while not entirely inaccurate, has invited a host of popular objections based on misunderstandings about fair play. Central to many of these objections is a failure to treat the principle of fair play as a transactional principle—one that allocates special obligations and rights among persons as a result of their interactions. I offer an interpretation of the principle (...)
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  17. Authority.Fabian Wendt - 2018 - Cambridge: Polity Press.
    From citizens paying taxes to employees following their bosses’ orders and kids obeying their parents, we take it for granted that a whole range of authorities have the power to impose duties on others. However, although authority is often accepted in practice, it looks philosophically problematic if we conceive persons as free and as equals. -/- In this short and accessible book, Fabian Wendt examines the basis of authority, discussing five prominent theories that try to explain how claims to authority (...)
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  18. The Hegemony of Psychopathy.Lajos L. Brons - 2017 - Santa Barbara, California: Brainstorm Books.
    Any social and political arrangement depends on acceptance. If a substantial part of a people does not accept the authority of its rulers, then those can only remain in power by means of force, and even that use of force needs to be accepted to be effective. Gramsci called this acceptance of the socio-political status quo “hegemony.” Every stable state relies primarily on hegemony as a source of control. Hegemony works through the dissemination of values and beliefs that create acceptance (...)
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  19. Autonomy, Authority, and Anarchy.James Humphries - 2017 - Dissertation, University of Glasgow
    The problem of the ‘mountain man’, the caricature of self-sufficiency and individualism, is not a new one for autonomy theorists. It seems plausible that there is genuine value in self-direction according to one’s deeply-held principles. If autonomy involves something like this, then anyone concerned with autonomy as a social rather than individualistic phenomenon must explain what the mountain man gets wrong when he denies that his autonomy admits of being placed under obligations to others. In particular, the mountain man challenges (...)
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  20. Could Present Laws Legitimately Bind Future Generations? A Normative Analysis of the Jeffersonian Model.Shai Agmon - 2016 - Intergenerational Justice Review 9 (2).
    Thomas Jefferson’s famous proposal; whereby a state’s constitution should be re-enacted every 19 years by a majority vote; purports to solve the intergenerational problem caused by perpetual constitutions: namely that laws which were enacted by people who are already dead bind living citizens without their consent. I argue that the model fails to fulfil its own normative consent-based aspirations. This is because it produces two groups of people who will end up living under laws to which they did not give (...)
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  21. Control, Consent and Political Legitimacy.Robin Douglass - 2016 - Critical Review of International Social and Political Philosophy 19 (2):121-140.
  22. The Theory of Self-Determination.Fernando R. Tesón (ed.) - 2016 - Cambridge University Press.
    When can a group legitimately form its own state? Under international law, some groups can but others cannot. But the standard is unclear, and traditional legal analysis has failed to elucidate it. In The Theory of Self-Determination, leading scholars chart new territory in our theoretical conception of self-determination. Drawing from diverse scholarship in international law, philosophy, and political science, they attempt to move beyond the prevailing nationalist conceptions of group definition. At issue are such universal questions as: when does a (...)
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  23. The Morality of State Symbolic Power.George Tsai - 2016 - Social Theory and Practice 42 (2):318-342.
  24. On Realist Legitimacy.Fabian Wendt - 2016 - Social Philosophy and Policy 32 (2):227-245.
    In the last ten or fifteen years, realism has emerged as a distinct approach in political theory. Realists are skeptical about the merits of abstract theories of justice. They regard peace, order, and stability as the primary goals of politics. One of the more concrete aims of realists is to develop a realist perspective on legitimacy. I argue that realist accounts of legitimacy are unconvincing, because they do not solve what I call the “puzzle of legitimacy”: the puzzle of how (...)
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  25. Community Epistemic Capacity.Ian Werkheiser - 2016 - Social Epistemology 30 (1):25-44.
    Despite US policy documents which recommend that in areas of environmental risk, interaction between scientific experts and the public move beyond the so-called “Decide, Announce, and Defend model,” many current public involvement policies still do not guarantee meaningful public participation. In response to this problem, various attempts have been made to define what counts as sufficient or meaningful participation and free informed consent from those affected. Though defining “meaningfulness” is a complex task, this paper explores one under-examined dimension that concerns (...)
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  26. Unintentional Consent.Terence Rajivan Edward - 2015 - Kritike 9 (1):86-95.
    Some political philosophers have judged that it is absurd to think that there can be unintentional consent. In this paper, I present an example of unintentional consent, which I refer to as the adapted boardroom example. I consider reasons for denying that this is an example of unintentional consent, but find that these reasons are unconvincing.
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  27. The Problem of Political Authority: An Examination of the Right to Coerce and the Duty to Obey, by Michael Huemer. [REVIEW]D. Viehoff - 2015 - Mind 124 (494):630-636.
  28. 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 influential objections to contract (...)
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  29. The Grammar of Political Obligation.Thomas Fossen - 2014 - Politics, Philosophy and Economics 13 (3):215-236.
    This essay presents a new way of conceptualizing the problem of political obligation. On the traditional ‘normativist’ framing of the issue, the primary task for theory is to secure the content and justification of political obligations, providing practically applicable moral knowledge. This paper develops an alternative, ‘pragmatist’ framing of the issue, by rehabilitating a frequently misunderstood essay by Hanna Pitkin and by recasting her argument in terms of the ‘pragmatic turn’ in recent philosophy, as articulated by Robert Brandom. From this (...)
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  30. Fairness, Political Obligation, and the Justificatory Gap.Jiafeng Zhu - 2014 - Journal of Moral Philosophy (4):1-23.
    The moral principle of fairness or fair play is widely believed to be a solid ground for political obligation, i.e., a general prima facie moral duty to obey the law qua law. In this article, I advance a new and, more importantly, principled objection to fairness theories of political obligation by revealing and defending a justificatory gap between the principle of fairness and political obligation: the duty of fairness on its own is incapable of preempting the citizen‟s liberty to reciprocate (...)
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  31. Social Contract Theory Should Be Abandoned.Danny Frederick - 2013 - Rationality, Markets and Morals 4:178-89.
    I argue that social-contract theory cannot succeed because reasonable people may always disagree, and that social-contract theory is irrelevant to the problem of the legitimacy of a form of government or of a system of moral rules. I note the weakness of the appeal to implicit agreement, the conflation of legitimacy with stability, the undesirability of “public justification” and the apparent blindness to the evolutionary critical-rationalist approach of Hayek and Popper. I employ that approach to sketch answers to the theoretical, (...)
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  32. The Limits of Consent.Joseph S. Fulda - 2013 - Sexuality and Culture 17 (4):659-665.
    This journal has frequently taken the position that /consent/, or at least /informed consent/, is all that from a secular viewpoint is necessary for an activity to be ethical. We argue to the contrary, that /consent/ is and /only/ is a /political/ criterion for determining /criminality/—even for a libertarian. Consensual behavior can be /unethical/—although it should not be criminalized—if the consent will never be truly revocable in the future of if such revocability is severely compromised. We give three examples, one (...)
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  33. 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 has arguably so (...)
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  34. Consensus, Compromise, Justice and Legitimacy.Enzo Rossi - 2013 - Critical Review of Social and International Political Philosophy 16 (4):557-572.
    Could the notion of compromise help us overcoming – or at least negotiating – the frequent tension, in normative political theory, between the realistic desideratum of peaceful coexistence and the idealistic desideratum of justice? That is to say, an analysis of compromise may help us moving beyond the contrast between two widespread contrasting attitudes in contemporary political philosophy: ‘fiat iustitia, pereat mundus’ on the one side, ‘salus populi suprema lex’ on the other side. More specifically, compromise may provide the backbone (...)
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  35. Justification, Choice and Promise: Three Devices of the Consent Tradition in a Diverse Society.Gerald Gaus - 2012 - Critical Review of International Social and Political Philosophy 15 (2):109-127.
    The twin ideas at the heart of the social contract tradition are that persons are naturally free and equal, and that genuine political obligations must in some way be based on the consent of those obligated. The Lockean tradition has held that consent must be in the form of explicit choice; Kantian contractualism has insisted on consent as rational endorsement. In this paper I seek to bring the Kantian and Lockean contract traditions together. Kantian rational justification and actual choice are (...)
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  36. Political Legitimacy, Justice and Consent.John Horton - 2012 - Critical Review of International Social and Political Philosophy 15 (2):129-148.
    What is it for a state, constitution or set of governmental institutions to have political legitimacy? This paper raises some doubts about two broadly liberal answers to this question, which can be labelled ?Kantian? and ?libertarian?. The argument focuses in particular on the relationship between legitimacy and principles of justice and on the place of consent. By contrast with these views, I suggest that, without endorsing the kind of voluntarist theory, according to which political legitimacy is simply created by individual (...)
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  37. The Compatibility of Locke's Waste Restriction.Daniel Layman - 2012 - Locke Studies 12:183-200.
    John Locke held that every person has a natural duty to use her property efficiently, and that consent is required for legitimate political power. On the face of it, these two positions seem to be in tension. This is because, (1) according to Locke, it is nearly impossible to use resources efficiently unless one lives within a political community, and (2)the waste restriction is enforceable. Consequently, it might seem that persons living outside civil society may be forced to submit to (...)
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  38. 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 hope of satisfying the concern (...)
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  39. Vertrag und Vertrauen: Lockes Legitimation von Herrschaft.Michaela Rehm - 2012 - In Michaela Rehm & Bernd Ludwig (eds.), John Locke: „Zwei Abhandlungen über die Regierung“. Akademie Verlag. pp. 95-114.
    The paper discusses the foundation and genesis of the political society according to Locke, elaborating why the relationship between the civil society and the government is not defined in contractual terms, but by the notion of “trust”. Rehm argues against the view that Locke supports a liberal proceduralism, stressing that consent for him is indeed the necessary, but not the sufficient condition of legitimate political power: what needs to be added is action in accordance with the law of nature.
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  40. A Pragmatic Standard of Legal Validity.John Tyler - 2012 - Dissertation, Texas A7M University
    American jurisprudence currently applies two incompatible validity standards to determine which laws are enforceable. The natural law tradition evaluates validity by an uncertain standard of divine law, and its methodology relies on contradictory views of human reason. Legal positivism, on the other hand, relies on a methodology that commits the analytic fallacy, separates law from its application, and produces an incomplete model of law. These incompatible standards have created a schism in American jurisprudence that impairs the delivery of justice. This (...)
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  41. For Torture: A Rights-Based Defense.Stephen Kershnar - 2011 - Lexington Books.
    This book is an analysis and evaluation of torture. My take on torture is unique for four reasons. First, it provides a distinct analysis of what torture is. Second, it argues that on non-consequentialist grounds, specifically rights-based ones, torture is sometimes permissible. Third, it argues that torturers are not always vicious. Fourth, it argues that it is plausible that these conclusions apply to some real world cases. In short, it fills the following gap: it evaluates torture from a rights-based perspective (...)
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  42. Libertarian Arguments for Anarchism.Stephen Kershnar - 2011 - Reason Papers 33:137-143.
    Aeon Skoble and other libertarians fail to show that libertarianism supports anarchism. The focus on whether persons would rationally consent to the state misses the issue. Instead, the truth of anarchism depends on whether all or most persons actually have consented to the state. Tacit consent to the acquisition of property rights in previously unowned things provides us with a model as to how valid consent might occur. However, whether persons actually have done so is an empirical issue.
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  43. The Legitimating Role of Consent in International Law.Matthew Lister - 2011 - Chicago Journal of International Law 11 (2).
    According to many traditional accounts, one important difference between international and domestic law is that international law depends on the consent of the relevant parties (states) in a way that domestic law does not. In recent years this traditional account has been attacked both by philosophers such as Allen Buchanan and by lawyers and legal scholars working on international law. It is now safe to say that the view that consent plays an important foundational role in international law is a (...)
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  44. New Perspectives on the Study of the Authority Relationship: Integrating Individual and Societal Level Research.Davide Morselli & Stefano Passini - 2011 - Journal for the Theory of Social Behaviour 41 (3):291-307.
    The concept of authority crosses many social sciences, but there is a lack of common taxonomy and definitions on this topic. The aims of this review are: to define the basic characteristics of the authority relationship, reaching a definition suitable for the different domains of social psychology and social sciences; to bridge the gap between individual and societal levels of explanation concerning the authority relationship, by proposing an interpretation within the framework of social representations. The authority relationship can be conceived (...)
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  45. Consent or Contestation?Duncan Ivison - 2010 - In Jeremy Webber & Colin Mcleod (eds.), Between Consenting Peoples. Vancouver: UBC Press. pp. 188-206.
    That consent could wholly explain – either descriptively or normatively – the legitimacy of the structure of political community and it’s most important and influential institutions and practices is deeply implausible. There are two general sorts of considerations adduced against such a proposition. First, history simply refutes it: force is an essential feature of the founding of any political society, and arguably, for its continued existence, and power relations, in all their complexity, are imperfectly tracked by consent. Moreover, there are (...)
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  46. Citizenship, in the Immigration Context.Matthew Lister - 2010 - University of Maryland Law Review 70:175.
    Many international law scholars have begun to argue that the modern world is experiencing a "decline of citizenship," and that citizenship is no longer an important normative category. On the contrary, this paper argues that citizenship remains an important category and, consequently, one that implicates considerations of justice. I articulate and defend a "civic" notion of citizenship, one based explicitly on political values rather than shared demographic features like nationality, race, or culture. I use this premise to argue that a (...)
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  47. The Fallacy of Consent.Nicolás Maloberti - 2010 - Journal of Value Inquiry 44 (4):469-476.
    One way in which liberal theories have argued for the legitimacy of the state is by means of a principle of implicit consent. Since Hume, critics have argued that the price of dissent would be too high for such a strategy to be successful. Some theorists have replied that the high price involved in not agreeing to do something does not need to be a defeating condition of consenting. Other theorists have proposed institutional reforms which will diminish the costs of (...)
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  48. Chronicles of Consensual Times.Jacques Rancière - 2010 - Continuum.
    The head and the stomach January 1996 -- Borges in Sarajevo March 1996 -- Fin de siècle and new millenarium May 1996 -- Cold racism July 1996 -- The last enemy November 1996 -- The grounded plane January 1997 -- Dialectic in the dialectic August 1997 -- Voyage to the country of the last sociologists November 1997 -- Justice in the past April 1998 -- The crisis of art or a crisis of thought July 1998 -- Is cinema to blame (...)
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  49. 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 phenomenon of (...)
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  50. Źródła legitymacji tradycyjnego władztwa we współczesnej Afryce jako przyczynek do lepszego zrozumienia jego roli i fenomenu trwania.Krzysztof Trzcinski - 2009 - Afryka 29 (30):47-70.
    Legitymacja należy do kluczowych zagadnień myśli politycznej i jest nierozerwalnie powiązana między innymi z takimi terminami jak państwo, władza, obywatele, poddani, prawa i obowiązki. Pojęcie legitymacji jest niezwykle ważne i być może właśnie z tego powodu jego istota stanowi temat wielu dyskusji. W tym artykule nie będziemy jednak analizować sporów definicyjnych. Ograniczymy się do podejścia, jakie proponuje Roger Scruton, unikając przedstawienia ścisłej definicji. Termin ‘legitymacja’ określa, jego zdaniem, to samo, co pojęcia ‘prawomocność władzy’ bądź ‘prawowite panowanie’. Gdy rządzący dzierżą władzę (...)
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