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Laws, Norms, and Public Justification: The Limits of Law as an Instrument for Reform

In Silje Langvatn, Wojciech Sadurski & Mattias Kumm (eds.), Public Reason and Courts. Cambridge University Press. pp. 201-228 (2020)

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  1. Democratic Public Justification.Alexander Motchoulski - 2020 - Canadian Journal of Philosophy 50 (7):844-861.
    Democratic institutions are appealing means of making publicly justified social choices. By allowing participation by all citizens, democracy can accommodate diversity among citizens, and by considering the perspectives of all, via ballots or debate, democratic results can approximate what the balance of reasons favors. I consider whether, and under what conditions, democratic institutions might reliably make publicly justified social decisions. I argue that conventional accounts of democracy, constituted by voting or deliberation, are unlikely to be effective public justification mechanisms. I (...)
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  • Punishment and Disagreement in the State of Nature.Jacob Barrett - 2020 - Economics and Philosophy 36 (3):334-354.
    Hobbes believed that the state of nature would be a war of all against all. Locke denied this, but acknowledged that in the absence of government, peace is insecure. In this paper, I analyse both accounts of the state of nature through the lens of classical and experimental game theory, drawing especially on evidence concerning the effects of punishment in public goods games. My analysis suggests that we need government not to keep wicked or relentlessly self-interested individuals in line, but (...)
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