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  1. Requirement‐Sensitive Legal Moralism: A Critical Assessment.Morten Ebbe Juul Nielsen - 2012 - Ratio Juris 25 (4):527-554.
    Requirement‐sensitive legal moralism is a species of legal moralism in which the legitimacy of turning moral into legal demands depends on the existence of a legitimate moral requirement, producing a legitimate social requirement, which can then ground a legitimate legal requirement. Crucially, each step is defeasible by contingent or instrumental, but not intrinsic moral factors. There is no genuinely moral sphere (e.g., a private sphere) in which the law is not to interfere; only contingent, non‐moral factors can defeat this. Using (...)
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  • Brill's Companion to Anarchism and Philosophy.Nathan J. Jun (ed.) - 2017 - Leiden: Brill.
    Despite the recent proliferation of scholarship on anarchism, very little attention has been paid to the historical and theoretical relationship between anarchism and philosophy. Seeking to fill this void, Brill's Companion to Anarchism and Philosophy draws upon the combined expertise of several top scholars to provide a broad thematic overview of the various ways anarchism and philosophy have intersected. Each of its 18 chapters adopts a self-consciously inventive approach to its subject matter, examining anarchism's relation to other philosophical theories and (...)
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  • The Possibility of a Fair Play Account of Legitimacy.Justin Tosi - 2015 - 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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  • 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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  • Philosophical anarchism and the paradox of politics.Jeremy Arnold - 2016 - European Journal of Political Theory 15 (3):293-311.
    In this paper, I compare two prominent positions within contemporary “Analytic” and “Continental” political philosophy: philosophical anarchism and the paradox of politics. I compare each through an analysis of their respective criticisms of state legitimacy and the internal difficulties each position has in accounting for the legitimacy of state violence. I argue that these internal difficulties force each position to ask questions and criticize assumptions commonly found in the other position. I hope to show through this comparison that work across (...)
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