Legal Theory 23 (1):55-67 (2017)

Authors
Justin Tosi
Texas Tech University
Abstract
There is an emerging consensus among political philosophers that state legitimacy involves something more than—or perhaps other than—political obligation. Yet the principle of fair play, which many take to be a promising basis for political obligation, has been largely absent from discussions of the revised conception of legitimacy. This paper shows how the principle of fair play can generate legitimate political authority by drawing on a neglected feature of the principle—its stipulation that members of a cooperative scheme must reciprocate specifically by submitting to the scheme's rules.
Keywords legitimacy  political obligation  fair play  fairness  authority  rights  Hart
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DOI 10.1017/s135232521700012x
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References found in this work BETA

The Concept of Law.Hla Hart - 1961 - Oxford University Press.
Are There Any Natural Rights?H. L. A. Hart - 1955 - Philosophical Review 64 (2):175-191.
The Realm of Rights.Judith Jarvis Thomson - 1990 - Harvard University Press.

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