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  1. The Integrity Objection, Reloaded.Jill Hernandez - 2013 - International Journal of Philosophical Studies 21 (2):145-162.
    Bernard Williams? integrity objection poses a significant challenge to utilitarianism, which has largely been answered by utilitarians. This paper recasts the integrity objection to show that utilitarian agents could be committed to producing the overall best states of affairs and yet not positively act to bring them about. I introduce the ?Moral Pinch Hitter? ? someone who performs actions at the bequest of another agent ? to demonstrate that utilitarianism cannot distinguish between cases in which an agent maximizes utility by (...)
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  • Tying Legitimacy to Political Power: Graded Legitimacy Standards for International Institutions.Antoinette Scherz - 2019 - European Journal of Political Theory.
  • 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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  • Content-Independence and Natural-Duty Theories of Political Obligation.Jiafeng Zhu - 2018 - Philosophy and Social Criticism 44 (1):61-80.
    This paper contends that the requirement of content independence poses a pressing challenge to natural-duty theories of political obligation, for it is unclear why subjects of a state should not discharge the background natural duty in proper ways other than obeying the law. To demonstrate the force of this challenge, I examine and refute three argumentative strategies to achieve content independence represented in recent notable natural-duty theories: by appealing to the epistemic advantages of the state in discharging a natural duty, (...)
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  • Political Legitimacy.Fabienne Peter - 2010 - Stanford Encyclopedia of Philosophy.
    Political legitimacy is a virtue of political institutions and of the decisions—about laws, policies, and candidates for political office—made within them. This entry will survey the main answers that have been given to the following questions. First, how should legitimacy be defined? Is it primarily a descriptive or a normative concept? If legitimacy is understood normatively, what does it entail? Some associate legitimacy with the justification of coercive power and with the creation of political authority. Others associate it with the (...)
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  • Authority.Tom Christiano - 2008 - Stanford Encyclopedia of Philosophy.
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  • Authority and Reason‐Giving1.David Enoch - 2014 - Philosophy and Phenomenological Research 89 (2):296-332.
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  • Legitimacy as Public Willing: Kant on Freedom and the Law.Jakob Huber - 2019 - Ratio Juris 32 (1):102-116.
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  • On the Edge of Anarchism: A Realist Critique of Philosophical Anarchism.Zoltán Gábor Szűcs - forthcoming - Critical Review of International Social and Political Philosophy:1-24.
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  • A Moral Equivalent of Consent of the Governed.Jeffrey Reiman - 2013 - Ratio Juris 26 (3):358-377.
    Though genuine (voluntary, deliberate) consent of the governed does not occur in modern states, political legitimacy still requires something that does what consent does. Dereification of the state (recognizing that citizens continually create their state), combined with a defensible notion of moral responsibility, entails citizens' moral responsibility for their state. This implies that we may treat citizens morally as if they consented to their state, yielding a moral equivalent of consent of the governed, and a conception of political legitimacy applicable (...)
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  • Was Ellen Wronged?Stephen P. Garvey - 2013 - Criminal Law and Philosophy 7 (2):185-216.
    Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no authority. Whatever authority (...)
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  • 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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  • The Possibility of a Fair Play Account of Legitimacy.Justin Tosi - 2017 - Ratio 30 (1):88-99.
    The philosophical literature on state legitimacy has recently seen a significant conceptual revision. Several philosophers have argued that the state's right to rule is better characterized not as a claim right to obedience, but as a power right. There have been few attempts to show that traditional justifications for the claim right might also be used to justify a power right, and there have been no such attempts involving the principle of fair play, which is widely regarded as the most (...)
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  • Proportionality as Procedure: Strengthening the Legitimate Authority of the UN Committee on Economic, Social and Cultural Rights.Antoinette Scherz & Alain Zysset - 2021 - Global Constitutionalism 10 (3):524-546.
    The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) in order to improve (...)
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  • Critical Reception of Raz’s Theory of Authority.Kenneth Ehrenberg - 2011 - Philosophy Compass 6 (11):777-785.
    This is a canvass to the critical reaction to Joseph Raz’s service conception of authority, as well as actual or possible replies by Raz. Familiarity is assumed with the theory itself, covered in a previous article. The article focuses primarily on direct criticisms of Raz’s theory, rather than replies developed in the context of a theorist’s wider project.
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  • Beyond Profit and Politics: Reciprocity and the Role of For-Profit Business.Brookes Brown - 2019 - Journal of Business Ethics 159 (1):239-251.
    Standard accounts of reciprocal citizenship hold that citizens have a duty to participate in politics. Against this, several business ethicists and philosophers have recently argued that people can satisfy their obligations of civic reciprocity non-politically, by owning, managing, or working in for-profit businesses. In this article, I reject both the standard and the market accounts of reciprocal citizenship. Against the market view, I show that the ordinary work of profit maximization cannot take the place of traditional political activity. Yet contra (...)
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  • Collective Directionality: A New Possibility for Collectives as Objects of Normative Consideration.Marcus Hedahl - 2017 - Journal of Value Inquiry 51 (2):233-250.
  • Democratic Legitimacy, Political Speech and Viewpoint Neutrality.Kristian Skagen Ekeli - 2020 - Philosophy and Social Criticism 47 (6):723-752.
    The purpose of this article is to consider the question of whether democratic legitimacy requires viewpoint neutrality with regard to political speech – including extremist political speech, such a...
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  • Strong Popular Sovereignty and Constitutional Legitimacy.George Duke - 2017 - European Journal of Political Theory 19 (3):354-374.
    Recent critiques of attempts to ground constitutional legitimacy in the constituent power of a strong popular sovereign have tended to focus upon the tension between strong popular sovereignty and...
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  • Against Philosophical Anarchism.Fabian Wendt - 2020 - Law and Philosophy 39 (5):527-544.
    Philosophical anarchists claim that all states lack political authority and are illegitimate, but that some states are nevertheless morally justified and should not be abolished. I argue that philosophical anarchism is either incoherent or collapses into either statism or political anarchism.
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  • VII-GoodSamaritans andGoodGovernment.Dudley Knowles - 2012 - Proceedings of the Aristotelian Society 112 (2pt2):161-178.
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  • Legitimacy Beyond the State: Institutional Purposes and Contextual Constraints.N. P. Adams, Antoinette Scherz & Cord Schmelzle - 2020 - Critical Review of International Social and Political Philosophy 23 (3):281-291.
    The essays collected in this special issue explore what legitimacy means for actors and institutions that do not function like traditional states but nevertheless wield significant power in the global realm. They are connected by the idea that the specific purposes of non-state actors and the contexts in which they operate shape what it means for them to be legitimate and so shape the standards of justification that they have to meet. In this introduction, we develop this guiding methodology further (...)
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  • Legitimacy as the Right to Function.Sören Hilbrich - forthcoming - Critical Review of International Social and Political Philosophy:1-22.
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  • The Human Right to Political Participation.Fabienne Peter - 2013 - Journal of Ethics and Social Philosophy 7 (2):1-16.
    In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights which do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in national, but also in international (...)
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  • Legitimacy in Bioethics: Challenging the Orthodoxy.William R. Smith - 2018 - Journal of Medical Ethics 44 (6):416-423.
    Several prominent writers including Norman Daniels, James Sabin, Amy Gutmann, Dennis Thompson and Leonard Fleck advance a view of legitimacy according to which, roughly, policies are legitimate if and only if they result from democratic deliberation, which employs only public reasons that are publicised to stakeholders. Yet, the process described by this view contrasts with the actual processes involved in creating the Affordable Care Act and in attempting to pass the Health Securities Act. Since the ACA seems to be legitimate, (...)
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  • The Legitimacy of Occupation Authority: Beyond Just War Theory.Cord Schmelzle - 2020 - Critical Review of International Social and Political Philosophy 23 (3):392-413.
  • Political Legitimacy Without a (Claim-) Right to Rule.Merten Reglitz - 2015 - Res Publica 21 (3): 291-307.
    In the contemporary philosophical literature, political legitimacy is often identified with a right to rule. However, this term is problematic. First, if we accept an interest theory of rights, it often remains unclear whose interests justify a right to rule : either the interest of the holders of this right to rule or the interests of those subject to the authority. And second, if we analyse the right to rule in terms of Wesley Hohfeld’s characterization of rights, we find disagreement (...)
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  • Authority, Legitimacy, and the Obligation to Obey the Law.Richard Dagger - 2018 - Legal Theory 24 (2):77-102.
    ABSTRACTAccording to the standard or traditional account, those who hold political authority legitimately have a right to rule that entails an obligation of obedience on the part of those who are subject to their authority. In recent decades, however, and in part in response to philosophical anarchism, a number of philosophers have challenged the standard account by reconceiving authority in ways that break or weaken the connection between political authority and obligation. This paper argues against these revisionist accounts in two (...)
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  • When May We Kill Government Agents? In Defense of Moral Parity.Jason Brennan - 2016 - Social Philosophy and Policy 32 (2):40-61.
    :This essay argues for what may be called the parity thesis: Whenever it would be morally permissible to kill a civilian in self-defense or in defense of others against that civilian's unjust acts, it would also be permissible to kill government officials, including police officers, prison officers, generals, lawmakers, and even chief executives. I argue that in realistic circumstances, violent resistance to state injustice is permissible, even and perhaps especially in reasonably just democratic regimes. When civilians see officials about to (...)
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