The Possibility of a Fair Play Account of Legitimacy

Ratio 30 (1):88-99 (2015)
  Copy   BIBTEX

Abstract

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 promising basis for a claim right to obedience. William Edmundson argues that the principle of fair play cannot generate power rights, and so any attempt at a fair play account of legitimacy must fail. I explain how fair play could generate a power right, owing to its stipulation that the rules of a cooperative scheme specify the form of participants' repayment.

Similar books and articles

Playing Fair and Following the Rules.Justin Tosi - 2017 - Journal of Moral Philosophy 14 (2):134-141.
Rethinking the Principle of Fair Play.Justin Tosi - 2018 - Pacific Philosophical Quarterly 99 (4):612-631.
Fair Play: Resolving the Crito - Apology Problem.Jonathan Hecht - 2011 - History of Political Thought 32 (4):543-564.
Fair Play, Political Obligation, and Punishment.Zachary Hoskins - 2011 - Criminal Law and Philosophy 5 (1):53-71.
Honor Among Thieves.Irina Meketa - 2015 - Ethical Theory and Moral Practice 18 (2):385-402.

Analytics

Added to PP
2015-07-07

Downloads
1,203 (#10,923)

6 months
245 (#12,130)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Justin Tosi
Texas Tech University

Citations of this work

Add more citations

References found in this work

Anarchy, State, and Utopia.Robert Nozick - 1974 - New York: Basic Books.
The concept of law.Hla Hart - 1961 - New York: Oxford University Press.
Law’s Empire.Ronald Dworkin - 1986 - Harvard University Press.
Are there any natural rights?H. L. A. Hart - 1955 - Philosophical Review 64 (2):175-191.

View all 25 references / Add more references