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  1. Political Obligation and the Particularity Problem: A Note on Markie.Uwe Steinhoff - manuscript
    P.J. Markie tries to solve the so-called particularity problem of natural duty accounts of political obligation, a problem which seems to make natural duty accounts implausible. I argue that Markie at best “dissolves” the problem: while his own natural duty account of political obligation still does not succeed in ensuring particularity, this is not an implausible but an entirely plausible implication of his account, thanks to the weakness of his concept of political obligation. The price for this, however, is that (...)
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  2. Legitimate Authority, Institutional Specialisation and Distributive International Law.Oisin Suttle - manuscript
    How should international law’s role in determining international distributive outcomes, economic and otherwise, affect how we think about its legitimate authority? Domestic institutions’ legitimate authority in respect of distribution derives in large part from their concurrent roles in enabling security and coordination. Internationally, by contrast, functional disaggregation means that distribution must be legitimised in its own right. I begin by distinguishing the phenomenon of Distributive International Law, on which my argument focuses. I next introduce a number of wide instrumental accounts (...)
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  3. Political obligation.Richard Dagger - unknown - Stanford Encyclopedia of Philosophy.
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  4. Political obligation.Author unknown - manuscript
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  5. Assessing Dworkin's New Theory of Political Obligation.Timothy Shiell - unknown - Proceedings of the Heraclitean Society 15.
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  6. JUSTIFICATORY INDEPENDENCE AND INTERPERSONAL MUTUALITY.Matthew Smith - unknown - /A.
    Can there be an obligation to obey laws produced by patently illegitimate political institutions, or are these laws like rules of etiquette – rules we might have reasons to follow but which we are not obligated to obey?2 Exclude from the scope of this question laws that recapitulate or contradict independently valid moral principles. Let us instead query only whether there is an obligation to obey laws that (i) do not recapitulate or contradict valid moral principles, and (ii) are products (...)
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  7. Violence Against Persons, Political Commitment, and Civil Disobedience: A Reply to Adams.Thomas Carnes - forthcoming - Res Publica:1-7.
  8. Citizenship and Obligation.Pavlos Eleftheriadis - forthcoming - In Julie Dickson & Pavlos Eleftheriadis (eds.), Philosophical Foundations of European Union Law. Oxford University Press.
    Many political philosophers believe that we owe moral obligations to our political communities simply because we are asked. We are, for example to pay taxes, or serve in the army whenever we are demanded to do so by the competent authorities or agencies. Can such moral obligations be created by European Union institutions? This essay discusses the natural duty of justice to support just or nearly just political institutions as defended by John Rawls and Jeremy Waldron. It suggests that European (...)
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  9. Review: Michael Huemer, The Problem of Political Authority: An Examination of the Right to Coerce and the Duty to Obey. [REVIEW]George Klosko - forthcoming - Philosophical Explorations.
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  10. Review of Nomos LXI: Political Legitimacy. [REVIEW]Enzo Rossi - forthcoming - Perspectives on Politics.
  11. Privileged Citizens and the Right to Riot.Thomas Carnes - 2024 - Journal of Ethics and Social Philosophy 26 (3):633-640.
    Avia Pasternak’s account of permissible political rioting includes a constraint that insists only oppressed citizens, and not privileged citizens, are permitted to riot when rioting is justified. This discussion note argues that Pasternak’s account, with which I largely agree, should be expanded to admit the permissibility of privileged citizens rioting alongside and in solidarity with oppressed citizens. The permissibility of privileged citizens participating in riots when rioting is justified is grounded in the notions that it is sometimes necessary, in accordance (...)
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  12. Speaking for Others: The Ethics of Informal Political Representation.Wendy Salkin - 2024 - Cambridge, MA: Harvard University Press.
    From Booker T. Washington to a neighbor who speaks up at a city council meeting, many of the people who represent us were never elected. Wendy Salkin provides the first systematic analysis of the ubiquitous phenomenon of informal political representation, a practice of immense political value that raises serious ethical concerns.
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  13. Legitimacy and two roles for flourishing in politics.Paul Garofalo - 2023 - Journal of Political Philosophy 31 (3):294-314.
    May the state try to promote the flourishing of its citizens? Some political philosophers—perfectionists—hold that the state may do so, while other political philosophers—anti-perfectionists—hold that the state may not do so. Here I examine how perfectionists might respond to a style of argument that anti-perfectionists give—what I call the legitimacy objection. This argument holds that considerations about flourishing are not themselves the right kind of considerations to justify state authority, and so if the state takes action to promote the flourishing (...)
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  14. The Germ of Justice: Essays in General Jurisprudence.Leslie Green - 2023 - Oxford: Oxford University Press.
    A collection of the author's new and reprinted papers in general jurisprudence. Chapters: -/- Introduction: A Philosophy of Legal Philosophy -/- Law, As Such 1. The Concept of Law Revisited 2. Law as a Means 3. Custom and Convention at the Foundations of Law 4. Realism and the Sources of Law 5. Feminism in Jurisprudence -/- Law and Morality 6. The Germ of Justice 7. The Inseparability of Law and Morals 8. The Morality in Law 9. The Role of a (...)
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  15. Public policies for an intercultural approach to the health of Pu Mapuce Zomo.Cintia Rodríguez Garat - 2023 - Religación. Revista de Ciencias Sociales y Humanidades 8 (35):1-18.
    This article will address the considerations that must be examined in the design of public policies and government programs to achieve an intercultural approach to the health of the Pu Mapuce Zomo (Mapuce women). In this sense, the proposed objective is to formulate three essential aspects that serve as a basis to promote adequate frameworks for public health policies oriented towards an intercultural approach. For this, methodologically, from a qualitative approach, the ethical, gender(s) and epistemic aspects that must be considered (...)
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  16. Fairness, Benefits, and Voluntary Acceptance.Edward Song - 2023 - Journal of Moral Philosophy 20 (3-4):268-289.
    The principle of fairness suggests that it is wrong for free riders to enjoy cooperative benefits without also helping to produce them. Considerations of fairness are a familiar part of moral experience, yet there is a great deal of controversy as to the conditions of their application. The primary debate concerns whether cooperative benefits need to be voluntarily accepted. Many argue that acceptance is unnecessary because such theories are too permissive and acceptance appears to be absent in a variety of (...)
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  17. A realist membership account of political obligation.Zoltán Gábor Szűcs - 2023 - Ethical Theory and Moral Practice (5):1-16.
    The paper offers a realist account of political obligation. More precisely, it offers an account that belongs to the Williamsian liberal strain of contemporary realist theory (as opposed to a Geussian radical realist strain) and draws on and expands some ideas familiar from Bernard Williams’s oeuvre (thick/thin ethical concepts, political realism/moralism, a minimal normative threshold for distinctively political rule). Accordingly, the paper will claim that the fact of membership in a polity provides people with sufficient reason for complying with those (...)
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  18. Book Review: Rightful Relations with Distant Strangers: Kant, the EU, and the Wider World, by Aravind Ganesh (Oxford: Hart Publishing, 2021). [REVIEW]Joris van de Riet - 2023 - Common Market Law Review 60 (3):913-916.
    This is review of the book "Rightful Relations with Distant Strangers: Kant, the EU, and the Wider World" by Aravind Ganesh, which discusses the relevance of Immanuel Kant's legal philosophy for the European Union's exercise of extraterritorial jurisdiction. The book explores this issue from the perspectives of public international law and private law theory as well.
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  19. Hobbes’s Lesser Evil Argument for Political Authority.Ben Jones & Manshu Tian - 2022 - Hobbes Studies 35 (2):115–134.
    This article identifies an argument in Hobbes’s writings often overlooked but relevant to current philosophical debates. Political philosophers tend to categorize his thought as representing consent or rescue theories of political authority. Though these interpretations have textual support and are understandable, they leave out one of his most compelling arguments – what we call the lesser evil argument for political authority, expressed most explicitly in Chapter 20 of Leviathan. Hobbes frankly admits the state’s evils but appeals to the significant disparity (...)
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  20. Resettling Refugees: State Obligations, Egalitarian Concerns.Jennifer Kling - 2022 - The Acorn 22 (2):83-101.
    This article—a tribute to philosopher Bat-Ami Bar On—argues that states have obligations to not only resettle refugees, but also to put into place laws, policies, and procedures that are likely to ameliorate exclusionary attitudes and socio-political stances of existing members toward refugees and other forcibly displaced persons. The article begins with a recollection of Bar On, who encouraged the author to pursue the well-being of refugees as a worthy philosophical topic. The article then argues that refugee camps do not serve (...)
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  21. Whose Burden to Bear? Privilege, Lawbreaking and Race.Ekow N. Yankah - 2022 - Criminal Law and Philosophy 16 (1):13-28.
    Tommie Shelby’s Dark Ghettos: Injustice, Dissent, and Reform is a powerful indictment of how the basic structure of American institutions fail the seriously disadvantaged. Though motivated by what we collectively owe “ghetto” citizens, when exploring criminal law, Shelby instinctively turns his attention to what duties, if any, the disadvantaged have to obey the criminal law. This paper argues that our persistent focus on the obligations of the disadvantaged is a mistake. Instead, we should examine the duties of the advantaged to (...)
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  22. Punishment: A Critical Introduction (2nd edition).Thom Brooks - 2021 - London: Routledge.
    Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment (2nd edition) is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories (...)
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  23. Regulatory Entrepreneurship, Fair Competition, and Obeying the Law.Robert C. Hughes - 2021 - Journal of Business Ethics 181 (1):249-261.
    AbstractSome sharing economy firms have adopted a strategy of “regulatory entrepreneurship,” openly violating regulations with the aim of rendering them dead letters. This article argues that in a democracy, regulatory entrepreneurship is a presumptively unethical business strategy. In all but the most corrupt political environments, businesses that seek to change their regulatory environment should do so through the democratic political process, and they should do so without using illegal business practices to build a political constituency. To show this, the article (...)
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  24. Blake, Michael. Justice, Migration, and Mercy. Oxford: Oxford University Press, 2019. Pp. 280. $35.00 (cloth). [REVIEW]Matthew Lister - 2021 - Ethics 131 (3):600-605.
    For several years Michael Blake has been among the most important contributors to the philosophical literature on immigration. This book is therefore greatly anticipated, and develops a number of fruitful arguments. Although I will argue that the account is unsuccessful or incomplete at key points, it’s clearly an important work of relevance to those working on immigration, as well as to political philosophers more generally. In particular, Blake provides powerful arguments against the claim that “open borders” are required by liberal (...)
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  25. What Immigrants Owe.Adam Lovett & Daniel Sharp - 2021 - Ergo: An Open Access Journal of Philosophy 8.
    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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  26. Public Opinion, Democratic Legitimacy, and Epistemic Compromise.Dustin Olson - 2021 - In Peter Hartl & Adam T. Tuboly (eds.), Science, Freedom, and Democracy. New York, NY, USA: pp. 158 - 177.
    Using a recent example from US politics as representative of contemporary liberal democracies, this chapter highlights how public opinion is shaped through the exploitation of our epistemic interdependence and partisan bias. Climate change was an important issue leading into the 2010 US mid-term elections. Public opinion on climate change was subject to a number of willfully disseminated distorting influences, having a significant impact on the election’s outcome and subsequent political discourse surrounding climate change policies. One impact of this type of (...)
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  27. Political Obligations and Public Goods.Isaac Taylor - 2021 - Res Publica 27 (4):559-575.
    The principle of fairness is a moral principle which states that individuals are under an obligation to contribute towards beneficial cooperative projects. It has been appealed to in arguing that citizens are obligated to pay for public goods that their government supplies. Yet the principle has faced a number of powerful objections, most notably those of Robert Nozick. In responding to some of these objections, proponents of the principle have placed a number of conditions on its application. However, by doing (...)
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  28. Consent to unjust institutions.Bas van der Vossen - 2021 - Legal Theory 27 (3):236-251.
    John Rawls wrote that people can voluntarily acquire political obligations to institutions only on the condition that those institutions are at least reasonably just. When an institution is seriously unjust, by contrast, attempts to create political obligation are “void ab initio.” However, Rawls's own explanation for this thought was deeply problematic, as are the standard alternatives. In this paper, I offer an argument for why Rawls's intuition was right and trace its implications for theories of authority and political obligation. These, (...)
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  29. Partisanship and Political Obligations.Fabian Wendt - 2021 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 11 (3):91-104.
  30. Medical Complicity and the Legitimacy of Practical Authority.Kenneth M. Ehrenberg - 2020 - Ethics, Medicine and Public Health 12.
    If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative authority to (...)
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  31. Do We Have Reasons to Obey the Law?Edmund Tweedy Flanigan - 2020 - Journal of Ethics and Social Philosophy 17 (2):159-197.
    Instead of the question, ‘do we have an obligation to obey the law?,’ we should first ask the more modest question, ‘do we have reasons to obey the law?’ This paper offers a new account of the notion of the content-independence of legal reasons in terms of the grounding relation. That account is then used to mount a defense of the claim that we do indeed have content-independent moral reasons to obey the law (because it is the law), and that (...)
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  32. The Ethics of Obeying Judicial Orders in Flawed Societies.Robert C. Hughes - 2020 - Res Publica 26 (4):559-575.
    Many accounts of the moral duty to obey the law either restrict the duty to ideal democracies or leave the duty’s application to non-ideal societies unclear. This article presents and defends a partial account of the moral duty to obey the law in non-ideal societies, focusing on the duty to obey judicial orders. We need public judicial authority to prevent objectionable power relationships that can result from disputes about private agreements. The moral need to prevent power imbalances in private relationships (...)
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  33. A Quasi-Contract Theory of Political Obligation.Cameron Oren Hunter - 2020 - Law and Philosophy 39 (1):93-118.
    Whether there is a general moral obligation to obey the law, often referred to as ‘political obligation’, is an enduring question in contemporary legal and political philosophy. Theories are continually being formulated, criticized, and reformulated as theorists attempt to settle this issue. However, there yet remains no general consensus as to whether any theory successfully answers this question in either the affirmative or the negative. I propose the legal doctrine of quasi-contract as a candidate for making sense of this persistent (...)
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  34. Book Review: A Duty to Resist: When Disobedience Should Be Uncivil, by Candice Delmas. [REVIEW]Jennet Kirkpatrick - 2020 - Political Theory 48 (4):528-533.
  35. Review of Richard Dagger, Playing Fair: Political Obligation and the Problems of Punishment. [REVIEW]Piero Moraro - 2020 - Criminal Law and Philosophy 14 (1):141-147.
    Richard Dagger purports to solve the problem of political obligation and the problem of punishment simultaneously, by employing the principle of fair play. Notwithstanding the valuable contribution his book makes to the philosophical debate, I argue that Dagger does not defeat long-standing objections faced by fair play-based justifications of the duty to obey the law and of state punishment.
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  36. Virtue Ethics and Political Authority.Tristan J. Rogers - 2020 - Journal of Social Philosophy 51 (2):303-321.
    Journal of Social Philosophy, EarlyView.
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  37. Political Obligations in Illiberal Regimes.Zoltán Gábor Szűcs - 2020 - Res Publica 26 (4):541-558.
    The paper is organized around two major, but closely interconnected goals. First, the paper’s principal aim is to offer a normative theory of political obligations that is based on certain insights of philosophical anarchism, theories of associative obligations and political realism. Second, the paper aims to offer a normative theoretical framework to examine political obligations in contemporary non-democratic contexts that does not vindicate non-democratic regimes and that does not exclude political obligations from the terrain of moral normativity. The theory of (...)
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  38. Policing and Public Office.Malcolm Thorburn - 2020 - University of Toronto Law Journal 70:248-266.
    In this paper, I argue that policing can be defended as consistent with the equality of all before the law – but not by denying that policing occupies a special place in our legal order that is dangerously close to certain ancien régime privileges. In order to defend the special privileges of policing, it is essential to show that they are something quite different from the ancien régime privileges that they in some respects resemble. The crucial conceptual tool for making (...)
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  39. 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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  40. Civil Disobedience, Punishment, and Injustice.Candice Delmas - 2019 - In Larry Alexander & Kimberly Kessler Ferzan (eds.), The Palgrave Handbook of Applied Ethics and the Criminal Law. Springer Verlag. pp. 167-188.
    This chapter examines the tension between the justification and the punishment of civil disobedience, and theorists’ common solutions to it, by focusing on two central questions: first, should the state punish civil disobedience? Second, should the civil disobedient accept punishment? It presents the theoretical lay of the land on each of these questions, with particular attention to American jurisprudence on civil disobedience. The third part takes a step back to ask anew, how should we think about civil disobedience? and uncovers (...)
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  41. Judith N Shklar as theorist of political obligation.William E. Scheuerman - 2019 - European Journal of Political Theory 20 (2):366-376.
    The useful publication of Judith N Shklar's final undergraduate lectures at Harvard provides an opportunity to take a careful look at her reflections on political obligation, a matter always of gre...
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  42. Breaking the Law Under Competitive Pressure.Robert C. Hughes - 2019 - Law and Philosophy 38 (2):169-193.
    When a business has competitors that break a burdensome law, is it morally required to obey this law, or may it break the law to avoid an unfair competitive disadvantage? Though this ethical question is pervasive in the business world, many non-skeptical theories of the obligation to obey the law cannot give it a clear answer. A broadly Kantian account, by contrast, can explain why businesspeople ought to obey laws of a certain type even under competitive pressure, namely laws that (...)
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  43. Delmas, Candice. A Duty to Resist: When Disobedience Should Be Uncivil. Oxford: Oxford University Press, 2018. Pp. 312. $29.95. [REVIEW]Ten-Herng Lai - 2019 - Ethics 129 (4):710-715.
    Delmas successfully guides us to reconsider the traditional “wisdom” of civil disobedience. She also makes a strong case for expanding the notion of political obligation, which has been narrowly construed as mere obedience, to encompass a duty to resist. Principled disobedience, either civil or uncivil, includes a wide range of tools to tackle different forms of injustice, such as education campaigns, peaceful protests, graffiti street art, whistleblowing, vigilante self-defense, and political riots. We may question to what extent the violent disobedience (...)
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  44. Contract, Treaty, and Sovereignty.Matthew J. Lister - 2019 - In Claire Oakes Finkelstein & Michael Skerker (eds.), Sovereignty and the New Executive Authority. New York, NY, USA: pp. 283-307.
    It is a common charge that treaties, perhaps especially recent treaties relating to economic activity, provide unreasonable restrictions on the sovereignty of the state parties. While this charge has been made most forcefully by smaller states, it is sometimes raised with justification by larger states or state-like bodies such as the E.U. as well. When a tribunal judging a dispute on an economic treaty tells a state that it may no longer make decisions such as to accept or reject genetically (...)
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  45. Civil Disobedience: A Philosophical Overview.Piero Moraro - 2019 - Lanham, Maryland: Rowman & Littlefield International.
    What is the difference between civil and uncivil disobedience? How can illegal protest be compatible with a democratic regime based on the rule of law? Is Edward Snowden a civil disobedient? This book follows the philosophical debate around these and other issues, showing how the notion of civil disobedience has evolved from a form of passive resistance against injustice, to an active way to engage with the political life of the community. The author presents the major contributions in political and (...)
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  46. Civil disobedience, and what else? Making space for uncivil forms of resistance.Erin R. Pineda - 2019 - European Journal of Political Theory 20 (1):157-164.
    Theorists of political obligation have long devoted special attention to civil disobedience, establishing its pride of place as an object of philosophical analysis, and as one of a short li...
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  47. In defense of unfair compromises.Fabian Wendt - 2019 - Philosophical Studies 176 (11):2855-2875.
    It seems natural to think that compromises ought to be fair. But it is false. In this paper, I argue that it is never a moral desideratum to reach fair compromises and that we are sometimes even morally obligated to try to establish unfair compromises. The most plausible conception of the fairness of compromises is David Gauthier’s principle of minimax relative concession. According to that principle, a compromise is fair when all parties make equal concessions relative to how much they (...)
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  48. On the claims of unjust institutions: Reciprocity, justice and noncompliance.Gabriel Wollner - 2019 - Politics, Philosophy and Economics 18 (1):46-75.
    Just institutions have claims on us. There are two reasons for thinking that such claims are warranted. First, one may believe that we are under a natural duty of justice to support and further just institutions. If one believes that it matters whether institutions are just, one also has a reason, almost as a matter of consistency, to support and further just institutions. Second, one may believe that by enjoying the benefits brought about by cooperation through just institutions, one incurs (...)
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  49. Institutional Legitimacy.N. P. Adams - 2018 - Journal of Political Philosophy:84-102.
    Political legitimacy is best understood as one type of a broader notion, which I call institutional legitimacy. An institution is legitimate in my sense when it has the right to function. The right to function correlates to a duty of non-interference. Understanding legitimacy in this way favorably contrasts with legitimacy understood in the traditional way, as the right to rule correlating to a duty of obedience. It helps unify our discourses of legitimacy across a wider range of practices, especially including (...)
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  50. The Relational Conception of Practical Authority.N. P. Adams - 2018 - Law and Philosophy 37 (5):549-575.
    I argue for a new conception of practical authority based on an analysis of the relationship between authority and subject. Commands entail a demand for practical deference, which establishes a relationship of hierarchy and vulnerability that involves a variety of signals and commitments. In order for these signals and commitments to be justified, the subject must be under a preexisting duty, the authority’s commands must take precedence over the subject’s judgment regarding fulfillment of that duty, the authority must accept the (...)
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