Results for ' political philosophy and philosophy of law ‐ idea of authority, issues regarding justification of government'

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  1.  4
    Authority of Law.Vincent A. Wellman - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell. pp. 559–570.
    This chapter contains sections titled: Why Authority? The Forms and Limits of Authority The Paradoxes of Authority The Justification of Authority Authority and the Obligation to Obey the Law Legal Authority Conclusion References.
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  2. The Rule of Law and its Limits.Andrei Marmor - 2004 - Law and Philosophy 23 (1):1-43.
    "[W]e must focus on what legalism, per se, means, and then ask why is it a good thing to have. Not less importantly, however, we must also realize that legalism can be excessive. Even if the rule of law is a good thing, too much of it may be bad. So the challenge for a theory of the rule of law is to articulate what the rule of law is, why is it good, and to what extent." "[T]he essense of (...)
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  3. Debate: Procedure and Outcome in the Justification of Authority.Daniel Viehoff - 2010 - Journal of Political Philosophy 19 (2):248-259.
    Why should one person obey another? Why (to ask the question from the first-person perspective) ought I to submit to another and follow her judgment rather than my own? In modern political thought, which denies that some are born rulers and others are born to be ruled, the most prominent answer has been: “Because I have consented to her authority.” By making authority conditional on the subjects’ consent, political philosophers have sought to reconcile authority’s hierarchical structure with the (...)
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  4.  30
    Reflections on the Concept of “Law” of Shang Yang from the Perspective of Political Philosophy: Function, Value, and Spirit of the “Rule of Law”.Wu Baoping & Lin Cunguang - 2016 - Contemporary Chinese Thought 47 (2):125-137.
    EDITOR’S ABSTRACTThis article argues that Shang Yang’s philosophy of law was not only a means to enrich the state and strengthen its army, but also envisioned the orderly rule of all All-under-Heaven. Through a fair, universal, and reliable use of rewards, punishments, and also teaching, this vision of laws could ultimately lead to the promotion of moral values, popular consensus, and people’s self-governance. While the authors admit that in Shang Yang’s own historical context, law was no more than a (...)
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  5.  25
    Rousseau, law and the sovereignty of the people.Ethan Putterman - 2010 - New York: Cambridge University Press.
    Together with Plato's Republic, Jean-Jacques Rousseau's Social Contact is regarded as one of the most original examples of Utopian political engineering in the history of ideas. Similar to the Republic, Rousseau's Social Contract is better known today for its author's idiosyncratic view of political justice than its lessons on law-making or governance in any concrete sense. Challenging this common view, Rousseau, Law and the Sovereignty of the People examines the Genevan's contribution as a constitutionalist and builder of institutions, (...)
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  6.  30
    John Locke's Two Treatises of Government[REVIEW]John P. Hittinger - 1994 - Review of Metaphysics 47 (3):615-617.
    The last thirty years has witnessed an explosion of scholarly books and articles on Locke which, claims Harpham, has "recast our most basic understanding of Locke as a historical actor and political theorist, the Two Treatises as a document, and liberalism as a coherent tradition of political discourse". The seven articles in this volume attempt to assess this "new scholarship," which is described as revisionist and historicist. This volume is now probably the best introduction to the "new scholarship." (...)
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  7.  4
    The authority of law.Joseph Raz - 2009 - Oxford University Press.
    Authority is one of the key issues in political studies, for the question of by what right one person or several persons govern others is at the very root of political activity. In selecting key readings for this volume Joseph Raz concerns himself primarily with the moral aspect of political authority, choosing pieces that examine its justification, determine who is subject to it and who is entitled to hold it, and whether there are any general (...)
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  8.  91
    Wheels in the head: educational philosophies of authority, freedom, and culture from Socrates to human rights.Joel H. Spring - 2006 - Mahwah, N.J.: L. Erlbaum Associates, Publishers.
    In this popular text, Joel Spring provocatively analyzes the ideas of traditional and non-traditional philosophers, from Plato to Paulo Freire, regarding the contribution of education to the creation of a democratic society. Each section focuses on an important theme: “Autocratic and Democratic Forms of Education;” “Dissenting Traditions in Education;” “The Politics of Culture;” “The Politics of Gender;” and “Education and Human Rights.” This edition features a special emphasis on human rights education. Spring advocates a legally binding right to an (...)
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  9.  58
    David Hume’s Political Theory: Law, Commerce, and the Constitution of Government.Ryu Susato - 2008 - Journal of the History of Philosophy 47 (1):pp. 146-147.
    As its title suggests, this work provides a wide-ranging discussion and interpretation of David Hume’s political philosophy. McArthur’s main arguments are threefold. First, the watershed between civilized and barbarous societies for Hume lies in the establishment of the rule of law. According to the author, what Hume called a “civilized monarchy,” though falling short of the ideal republic, can be regarded as a civilized form of government. This is because Hume believed that, with the exception of the (...)
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  10.  11
    Political Philosophy and Punishment.Chad Flanders - 2019 - In Larry Alexander & Kimberly Kessler Ferzan (eds.), The Palgrave Handbook of Applied Ethics and the Criminal Law. Springer Verlag. pp. 521-545.
    Modern analytical political philosophy—characterized most notably by the work of John Rawls—has had very little to say about how punishment in particular and criminal law more generally might be justified. This is a puzzling omission, as punishment can be seen as the most serious use of coercive state power and therefore the one in greatest need of philosophical justification. With the idea of filling this gap, this chapter analyzes several major political theories of recent decades (...)
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  11.  9
    Political justice: foundations for a critical philosophy of law and the state.Otfried Höffe - 1995 - Cambridge, MA, USA: Blackwell.
    Otfried Höffe is one of the foremost political philosophers in Europe today. In this major work, already a classic in continental Europe, he re-examines philosophical discourse on justice - from Classical Greece to the present day. Höffe confronts what he sees as the two major challenges to any theory of justice: the legal, positivist claim that there are no standards of justice external to legal systems; and the anarchist claim that justice demands the rejection and abolition of all legal (...)
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  12.  11
    Montesquieu and the despotic ideas of Europe: an interpretation of the Spirit of the laws.Vickie B. Sullivan - 2017 - London: University of Chicago Press.
    Montesquieu is famous as a tireless critic of despotism, which he associates overtly with Asia and the Middle East and not with the apparently more moderate Western models of governance found throughout Europe. However, Vickie B. Sullivan argues that a creaful reading of Montesquieu's enormously influential The Spirit of the Law reveals the surprising result that he recognizes that Europe itself is susceptible to despotic practices - and that the threat emanates not from the East but rather from certain despotic (...)
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  13.  66
    The boundaries of law and the purpose of legal philosophy.Danny Priel - 2008 - Law and Philosophy 27 (6):643 - 695.
    Many of the current debates in jurisprudence focus on articulating the boundaries of law. In this essay I challenge this approach on two separate grounds. I first argue that if such debates are to be about law, their purported subject, they ought to pay closer attention to the practice. When such attention is taken it turns out that most of the debates on the boundaries of law are probably indeterminate. I show this in particular with regard to the debate between (...)
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  14.  12
    On Sovereignty, Legitimacy, and Solidarity Or: How Can a Solidaristic Idea of Legitimate Sovereignty Be Justified?Sergio Dellavalle - 2015 - Theoretical Inquiries in Law 16 (2):367-398.
    The traditional concept of sovereignty is largely independent of democratic legitimacy and completely indifferent to any obligation towards non-national citizens. But can this traditional concept meet the normative expectations of a post-traditional understanding of political authority as well as the challenges of an ever more interconnected world? In order to respond to this question, the Article analyzes the conceptual presuppositions that lie at the basis of the notion of “sovereignty,” first regarding its sources, and second regarding the (...)
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  15.  11
    Adam Smith Reconsidered: History, Liberty, and the Foundations of Modern Politics by Paul Sagar (review).James A. Harris - 2024 - Journal of the History of Philosophy 62 (2):323-325.
    In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Adam Smith Reconsidered: History, Liberty, and the Foundations of Modern Politics by Paul SagarJames A. HarrisPaul Sagar. Adam Smith Reconsidered: History, Liberty, and the Foundations of Modern Politics. Princeton, NJ: Princeton University Press, 2022. Pp. xii + 229. Hardback, $37.00.Paul Sagar's invigorating book is a reconsideration of Adam Smith in the sense that it challenges much that is received wisdom in current scholarship. First and foremost, it rejects (...)
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  16.  7
    The Idea of psychology: conceptual and methodological issues.John D. Greenwood (ed.) - 1987 - Singapore: Singapore University Press, National University of Singapore.
    Red Star Over Malaya is an account of the inter-racial relations between Malays and Chinese during the final stages of the Japanese occupation. In 1947, none of the three major race of Malaya - Malays, Chinese, and Indians - regarded themselves as pan-ethnic "Malayans" with common duties and problems. With the occupation forcibly cut them off from China, Chinese residents began to look inwards towards Malaya and stake political claims, leading inevitably to a political contest with the Malays. (...)
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  17.  29
    Border Crossings: Toward a Comparative Political Theory.Fred Reinhard Dallmayr & Packey J. Dee Professor of Philosophy and Political Science Fred Dallmayr - 1999 - Global Encounters: Studies in.
    Comparative political theory is at best an embryonic and marginalized endeavor. As practiced in most Western universities, the study of political theory generally involves a rehearsal of the canon of Western political thought from Plato to Marx. Only rarely are practitioners of political thought willing (and professionally encouraged) to transgress the canon and thereby the cultural boundaries of North America and Europe in the direction of genuine comparative investigation. Border Crossings presents an effort to remedy this (...)
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  18.  18
    Poverty and Fundamental Rights: The Justification and Enforcement of Socio-Economic Rights.David Bilchitz - 2007 - Oxford University Press.
    This book addresses the pressing issue of severe poverty and inequality, and asks why is it that violations of socio-economic rights are treated with less urgency than violations of civil and political rights, such as the right to freedom of speech or to vote? It provides a sustained argument for placing renewed focus on socio-economic rights as a method of ensuring that governments address extreme poverty. It combines both theoretical and practical perspectives, political philosophy, and constitutional law (...)
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  19.  31
    Philosophical anarchism and political obligation.Magda Egoumenides - 2014 - New York: Bloomsbury Academic.
    Political obligation refers to the moral obligation of citizens to obey the law of their state and to the existence, nature, and justification of a special relationship between a government and its constituents. This volume in the Contemporary Anarchist Studies series challenges this relationship, seeking to define and defend the position of critical philosophical anarchism against alternative approaches to the issue of justification of political institutions. The book sets out to demonstrate the value of taking (...)
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  20.  2
    John Rawls, Public Reason, and Natural Law: A Study of the Principles of Public Justification.Christopher Ward - 2007 - Dissertation, Marquette University
    This dissertation is concerned with the viability of the idea of liberal public reason. This idea belongs to the realm of contemporary political philosophy and is a term which seems to have few direct correlates in the history of philosophy, though it has a few namesakes and several analogues. "Public Reason'' may be contrasted obviously with "private reason"- a concept as dubious no doubt as that of the idea of a private language. But this (...)
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  21. W poszukiwaniu ontologicznych podstaw prawa. Arthura Kaufmanna teoria sprawiedliwości [In Search for Ontological Foundations of Law: Arthur Kaufmann’s Theory of Justice].Marek Piechowiak - 1992 - Instytut Nauk Prawnych PAN.
    Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law (...)
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  22.  12
    Aesthetic experience in the political philosophy of A. Kojève: towards understanding the practice and theory of the total state.Pavel Egorov - 2023 - Sotsium I Vlast 4 (98):21-36.
    Introduction. The article is focused on analyzing the aesthetic aspect of A. Kojève’s philosophy, the ability of his philosophy, from an aesthetic point of view, to clarify a number of key problems of the modern political and cultural environment. The purpose of the study is to determine the epistemological attitude of A. Kojève’s philosophy able to clarify the way in which his philosophy problematizes the current cultural and political reality. Methods. Hermeneutics, comparative analysis and (...)
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  23. The Italian Enlightenment and the Rehabilitation of Moral and Political Philosophy.Sergio Cremaschi - 2020 - The European Legacy 25 (7-8):743-759.
    By reconstructing the eighteenth-century movement of the Italian Enlightenment, I show that Italy’s political fragmentation notwithstanding, there was a constant circulation of ideas, whether on philosophical, ethical, political, religious, social, economic or scientific questions—among different groups in various states. This exchange was made possible by the shared language of its leading illuministi— Cesare Beccaria, Ludovico Antonio Muratori, Francesco Maria Zanotti, Antonio Genovesi, Mario Pagano, Pietro Verri, Marco Antonio Vogli, and Giammaria Ortes—and resulted in four common traits. First, the (...)
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  24. Forms, Dialectics and the Healthy Community: The British Idealists’ Receptions of Plato.Colin Tylercorresponding Author Centre For Idealism & School of Law the New Liberalism - 2018 - Archiv für Geschichte der Philosophie 100 (1).
     
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  25. Sayyid Qutb and Aquinas: Liberalism, Natural Law and the Philosophy of Jihad.Lucas Thorpe - 2019 - Heythrop Journal 60:413-435.
    In this paper I focus on the work of Sayyid Qutb and in particular his book Milestones, which is often regarded as the Communist Manifesto of Islamic fundamentalism. This paper has four main sections. First I outline Qutb’s political position and in particular examine his advocacy of offensive jihad. In section two I argue that there are a number of tendencies that make his position potentially more liberal that it is often taken to be. I here argue that there (...)
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  26.  24
    Principles and Political Order: The Challenge of Diversity.B. A. Haddock, Peri Roberts & Peter Sutch (eds.) - 2006 - Routledge.
    The liberal and democratic political order is underpinned by universal principles of justice. However, the universality of these principles is now being questioned and undermined by challenges from postmodernism, communitarianism, multiculturalism and other forms of anti-foundationalism. These challenges highlight the sheer diversity of cultures and values, treating liberal values and democratic political culture as one idea of social organization amongst many. While social and political orders are capable of almost endless variation, it may be that not (...)
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  27. Filozofia praw człowieka. Prawa człowieka w świetle ich międzynarodowej ochrony.Marek Piechowiak - 1999 - Lublin: Towarzystwo Naukowe KUL.
    PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an (...)
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  28.  35
    Empiricism and Philosophy of Physics.Lars-Göran Johansson - 2021 - Cham: Springer Verlag.
    This book presents a thoroughly empiricist account of physics. By providing an overview of the development of empiricism from Ockham to van Fraassen the book lays the foundation for its own version of empiricism. Empiricism for the author consists of three ideas: nominalism, i.e. dismissing second order quantification as unnecessary, epistemological naturalism, and viewing classification of things in natural kinds as a human habit not in need for any justification. The book offers views on the realism-antirealism debate as well (...)
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  29.  20
    Philosophy and History, Customs and Ethics.Hui-Chieh Loy - 2023 - Philosophy East and West 73 (2):420-428.
    In lieu of an abstract, here is a brief excerpt of the content:Philosophy and History, Customs and EthicsHui-Chieh Loy (bio)Origins of Moral-Political Philosophy in Early China: Contestation of Humaneness, Justice, and Personal Freedom. By Tao Jiang. New York: Oxford University Press, 2021.Tao Jiang's Origins of Moral-Political Philosophy in Early China is a serious tour de force of a study. In many ways, I am reminded of Angus Graham's Disputers of the Tao and Benjamin Schwartz' The (...)
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  30. Ville paivansalo.Hobbesian Laws, Lockean Rights & Rawlsian Ideas - 2010 - In Virpi Mäkinen (ed.), The nature of rights: moral and political aspects of rights in late medieval and early modern philosophy. Helsinki: The Philosophical Society of Finland. pp. 225.
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  31.  34
    Education, Democracy and Representation in John Stuart Mill's Political Philosophy.Corrado Morricone - 2016 - Dissertation, Durham University
    This thesis is concerned with John Stuart Mill’s democratic theory. In chapter I, I examine the relations between political philosophy and political theory and science before providing a detailed outline of the aims of the dissertation. In chapter II, I argue that in order to reconcile the concepts of progress and equality within a utilitarian theory, a Millian political system needs to devise institutions that promote general happiness, protect individual autonomy, safeguard society from mediocrity. Chapter III (...)
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  32.  22
    Confucian Justification of Limited Government: Comments on Joseph Chan's Confucian Perfectionism.Stephen C. Angle - 2017 - Philosophy East and West 67 (1):15-24.
    I approach this encounter with Joseph Chan’s important work on Confucian perfectionism from a fundamentally sympathetic standpoint. Most basically, I agree with two of his key premises. Confucianism is more than a rich historical tradition: it is a live strand of political theory, able to criticize and contribute to our lives today. But for modern Confucianism to be plausible and attractive, it must find a way to embrace the idea of limited government or constitutionalism in a deeper (...)
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  33. The Separation of Powers in John Locke's Political Philosophy.Trang do & Thi Thuy Duyen Nguyen - 2022 - Synesis 14 (1):1-15.
    Separation of powers is one of the ideas with profound theoretical and practical significance, especially in the field of political science. The birth of the theory of separation of powers marked the transition from the barbaric use of power in authoritarian societies to the exercise of civilized power in democratic societies. Therefore, separation of powers is considered an objective necessity in democratic states, a condition to ensure the promotion of liberal values, and a criterion for assessing the existence and (...)
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  34.  15
    What can we still learn from the Rawls-Habermas debate? A paradigm of political philosophy for liberal democracies.Nunzio Alì - 2022 - Voluntas: Revista Internacional de Filosofia 13 (1):e04.
    This article argues about John Rawls' paradigm shift in contemporary political philosophy. In the article, this paradigm is defined as democratic insofar it claims, among other things, to leave enough room for democratic deliberations and citizens’ political autonomy. On this specific issue, Rawls and Habermas dialogue is still particularly fruitful. Both authors believe that contemporary political philosophy must be modest in some relevant theoretical and methodological aspects but they disagree on which of these aspects should (...)
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  35.  27
    Justice, legal validity and the force of law with special reference to Derrida, Dooyeweerd and Habermas.Dfm Strauss - 2009 - South African Journal of Philosophy 28 (1):65-87.
    Philosophy, political philosophy and legal philosophy are all concerned with issues of justice and the validity of law (also known as the force of law ). These two problem areas are discussed against the background of the intersection of traditional theories of natural law and legal positivism, mediated by the contribution of the historical school. In addition the influence of the two neo-Kantian schools of thought (Baden and Marburg) required attention, particularly because certain elements in (...)
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  36.  6
    Human Reality and the Social World: Ortega's Philosophy of History (review). [REVIEW]Antón Donoso - 1977 - Journal of the History of Philosophy 15 (4):491-493.
    In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 491 adequacy of his ideas. Yet our view of a person's character can govern our view of what he is trying to do. More specifically, if we think Dewey never completely abandoned the idealistic standpoint with its emphasis upon the harmony of self and community realization, that he sought out easy solutions to tough moral problems, we will not regard his work as making an honest attempt (...)
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  37.  12
    Ultra-modern thoughts: political theology in Leo Strauss’s Philosophy and Law.Beau Shaw - 2017 - History of European Ideas 43 (7):791-807.
    ABSTRACTA primary theme in Leo Strauss’s early work is how medieval Jewish and Islamic political philosophy, while influenced by Plato, differs from him in crucial ways. This theme is central to Strauss’s 1935 book Philosophy and Law. Philosophy and Law concerns the medieval ‘philosophic foundation of the law,’ which provides a rational justification of revelation. For Strauss, the foundation provides this justification by virtue of some difference it has from Plato. In this paper, I (...)
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  38. Editorial, Cosmopolis. Spirituality, religion and politics.Paul Ghils - 2015 - Cosmopolis. A Journal of Cosmopolitics 7 (3-4).
    Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...)
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  39. Contemporary Confucian Political Philosophy: Toward Progressive Confucianism.Stephen C. Angle - 2012 - Malden, Mass.: Polity.
    Confucian political philosophy has recently emerged as a vibrant area of thought both in China and around the globe. This book provides an accessible introduction to the main perspectives and topics being debated today, and shows why Progressive Confucianism is a particularly promising approach. Students of political theory or contemporary politics will learn that far from being confined to a museum, contemporary Confucianism is both responding to current challenges and offering insights from which we can all learn. (...)
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  40.  34
    A key problem of current political philosophy: The issue of force and violence.John Somerville - 1952 - Philosophy of Science 19 (2):156-165.
    In recent years American legislatures and other governing bodies, public and private, have been considering, probably more frequently than ever before, problems associated with the idea of overthrow of government by force and violence. The question usually takes the form of whether Communists believe in and advocate this doctrine; and, if they do, whether they should therefore be penalized in various ways. This issue is and has been central to a series of legal actions which, whatever their ultimate (...)
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  41.  31
    Rule of Law and the Virtue of Justice.Kevin L. Flannery - unknown - Proceedings of the American Catholic Philosophical Association:1-19.
    The author considers, first of all, recent and fairly recent interpretations of Plato’s dialogue the Crito, arguing that the character Socrates, whose expressed ideas probably correspond in major detail to the convictions of the historical Socrates, is not saying that the laws of Athens demand unquestioning obedience. The dialogue is rather an account of the debate that goes on in Socrates’s mind itself. A strong consideration in this debate is clearly the rule of law; but equally strong is Socrates’s lifelong (...)
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  42.  9
    Conceptual, Historical and Practical Aspects of Apostasy and Freedom of Belief.Faruk Sancar & Rıza Korkmazgöz - 2023 - Cumhuriyet İlahiyat Dergisi 27 (2):404-421.
    The rapid change in the world after the Enlightenment not only brought about revolutionary scientific and technological innovations, but also opened the door to important transformations in the context of thought. Especially with the wind created by the French Revolution, some concepts such as equality, fraternity, and justice, which were already in circulation before, came to the fore even more. One of the concepts that was magnified in this process was freedom. The concept manifested itself in philosophy as an (...)
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  43.  42
    Healthy Eating Policy and Political Philosophy: A Public Reason Approach.Anne Barnhill & Matteo Bonotti - 2021 - New York, NY: Oxford University Press. Edited by Matteo Bonotti.
    Who gets to decide what it means to live a healthy lifestyle, and how important a healthy lifestyle is to a good life? As more governments make preventing obesity and diet-related illness a priority, it's become more important to consider the ethics and acceptability of their efforts. When it comes to laws and policies that promote healthy eating--such as special taxes on sugary drinks and the banning of food deemed unhealthy--critics argue that these policies are paternalistic, and that they limit (...)
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  44.  10
    The Ideas of Hegel and Engels in the Context of the Self-Organization Theory.Георгий Геннадьевич Малинецкий, Вячеслав Эмерикович Войцехович & Илья Николаевич Вольнов - 2023 - Russian Journal of Philosophical Sciences 66 (1):98-119.
    The philosophy of nature, which encompasses the comprehensive study of the natural world, became intimately linked with the interdisciplinary approach of self-organization theory, or synergetics, as it was revealed in the latter third of the 20th century. This novel understanding of reality and its connection to synergetics becomes evident when comparing the panlogism of G.W.F. Hegel and the dialectical materialism of F. Engels, both based on 19th-century scientific achievements, with contemporary issues in natural science. This comparison is justified (...)
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  45.  40
    The expressive and communicative functions of law, especially with regard to moral issues.Wibren van der Burg - 2001 - Law and Philosophy 20 (1):31-59.
    In this article, I argue that law has two oftenneglected functions: the expressive and thecommunicative functions. They are especially importantfor legislation on moral issues, such as biomedicalethics and anti-discrimination law. The communicativefunction of law is a complex one: law may create anormative framework, a vocabulary to structurenormative discussions, as well as institutions andprocedures that promote further discussion. Theexpressive function of law is at stake when itexpresses which fundamental standards, which valuesare regarded as important. The recognition of thesefunctions is not (...)
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  46. The justification of punishment and the justification of political authority.Michael Philips - 1986 - Law and Philosophy 5 (3):393 - 416.
    Philosophical accounts of punishment are primarily concerned with punishment by the (or: a) state. More specifically, they attempt to explain why the (a) state may justifiably penalize those who are judged to violate its laws and the conditions under which it is entitled to do so. But any full account of these matters must surely be grounded in an account of the nature and purpose of the state and the justification of state authority. Because they are not so grounded, (...)
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  47.  30
    Conclusion to special issue: academic publishing, philosophy of education and the future.Stewart Georgina & J. Forster Daniella - 2017 - Educational Philosophy and Theory 49 (2):192-201.
    This Special Issue has presented a series of conversational interviews with editors of leading journals in the field of philosophy of education. This concluding article synthesises the interviews and reflects on what this project offers to early career researchers including the interviewer-authors in this issue. The contributing writers are interested in their own prospects, as well as those of the field of philosophy of education, and indeed education, and society more generally, in the context of the turbulent changes (...)
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    A justification of whistleblowing.Daniele Santoro & Manohar Kumar - 2017 - Philosophy and Social Criticism 43 (7):669-684.
    Whistleblowing is the act of disclosing information from a public or private organization in order to reveal cases of corruption that are of immediate or potential danger to the public. Blowing the whistle involves personal risk, especially when legal protection is absent, and charges of betrayal, which often come in the form of legal prosecution under treason laws. In this article we argue that whistleblowing is justified when disclosures are made with the proper intent and fulfill specific communicative constraints in (...)
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  49. Philosophy of Law: An Introduction.Mark Tebbit - 2000 - New York, NY: Routledge.
    __ _Philosophy of Law: An Introduction_ provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, Mark Tebbit quickly leads readers into the heart of the philosophical questions that dominate philosophy of law today. He provides an exceptionally wide-ranging overview of the contending theories that have sought to resolve these problems. He does so without assuming prior knowledge either of philosophy or law on the part of the reader. The (...)
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  50. Norberto Bobbio – Theorist of Law and Democracy.Luigi Ferrajoli - 2010 - Iris. European Journal of Philosophy and Public Debate 2 (4):369-384.
    The author argues that the unity, coherence, and completeness of both the theory of law and the theory of politics and democracy throughout Bobbio’s work was produced by the fruitful connection that he established between the approaches of several different disciplines. Bobbio was able to connect legal theory and political philosophy, and to entwine theory itself, whether legal or philosophical, with meta-theoretical and methodological reflection. In Bobbio’s work even the theoretical-analytical approach was connected with an analytical history of (...)
     
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