Results for ' State obligations'

974 found
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  1. State Obligations under International Criminal Law.Deepa Kansra - 2014 - Rostrum's Law Review 1 (4):1-.
    The prosecution of international crimes is a challenge both under international and domestic law. Taking the example of international criminal law (ICL) , the fullest realization of its objectives is influenced by many factors including; (a) the adoption of appropriate laws by states, (b) the adequacy of the ICL framework on definitions of crimes and principles of criminal responsibility, (c) the level of political control and involvement in decision making related to investigation, prosecution or extradition, (d) Problems with exclusion including (...)
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  2.  66
    ‘Migrants in a Feverland’: State Obligations towards the Environmentally Displaced.Megan Bradley - 2012 - Journal of International Political Theory 8 (1-2):147-158.
    This paper considers whether states have a duty to accept those who cross borders to escape environmental disasters associated with climate change. It then examines how such a responsibility might be distributed, focusing on the predicament of the citizens of small island states expected to be inundated by rising sea levels. In assessing states' responsibility to admit these individuals, I draw on Walzer's theory of mutual aid, demonstrating that even under this narrow conception of states' obligations, a duty to (...)
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  3.  39
    Resettling Refugees: State Obligations, Egalitarian Concerns.Jennifer Kling - 2022 - The Acorn 22 (2):83-101.
    This article—a tribute to philosopher Bat-Ami Bar On—argues that states have obligations to not only resettle refugees, but also to put into place laws, policies, and procedures that are likely to ameliorate exclusionary attitudes and socio-political stances of existing members toward refugees and other forcibly displaced persons. The article begins with a recollection of Bar On, who encouraged the author to pursue the well-being of refugees as a worthy philosophical topic. The article then argues that refugee camps do not (...)
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  4.  39
    Health Research Priority Setting: State Obligations and the Human Right to Science.Sebastian Porsdam Mann & Maximillian M. Schmid - 2018 - American Journal of Bioethics 18 (11):33-35.
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  5.  72
    The right to enjoy the benefits of scientific progress: in search of state obligations in relation to health.Yvonne Donders - 2011 - Medicine, Health Care and Philosophy 14 (4):371-381.
    After having received little attention over the past decades, one of the least known human rights—the right to enjoy the benefits of scientific progress and its applications—has had its dust blown off. Although included in the Universal Declaration of Human Rights (UDHR) and in the International Covenant on Economic, Social and Cultural Rights (ICESCR)—be it at the very end of both instruments -this right hardly received any attention from States, UN bodies and programmes and academics. The role of science in (...)
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  6. (1 other version)Moral obligations of states.Anne Schwenkenbecher - 2011 - In Applied Ethics Series. Centre for Applied Ethics and Philosophy, Hokkaido University. pp. 86-93.
    The starting point of the paper is the frequent ascription of moral duties to states, especially in the context of problems of global justice. It is widely assumed that industrialized or wealthy countries in particular have a moral obligation or duties of justice to shoulder burdens of poverty reduction or climate change adaptation and mitigation. But can collectives such as states actually hold moral duties? If answering this affirmatively: what does it actually mean to say that a state has (...)
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  7. Epistemic obligations and free speech.Boyd Millar - 2024 - Analytic Philosophy 65 (2):203-222.
    Largely thanks to Mill’s influence, the suggestion that the state ought to restrict the distribution of misinformation will strike most philosophers as implausible. Two of Mill’s influential assumptions are particularly relevant here: first, that free speech debates should focus on moral considerations such as the harm that certain forms of expression might cause; second, that false information causes minimal harm due to the fact that human beings are psychologically well equipped to distinguish truth and falsehood. However, in addition to (...)
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  8.  25
    Associative Obligations and the State.Leslie Green - 2004 - In Justine Burley, Dworkin and His Critics: With Replies by Dworkin. Philosophers and their Critics. Malden, MA: Wiley-Blackwell. pp. 265–284.
    This chapter contains section titled: I Legitimacy and Consent II Obligations of True Community III Integrity and Obedience IV Individuality and Community V The Universality of Obligation Acknowledgement.
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  9. Political Obligations.George Klosko (ed.) - 2005 - Oxford University Press.
    This is the first in-depth study of popular attitudes towards political obligations and how these are viewed by the state. Leading political theorist George Klosko provides a full defense of a theory of political obligation based on the principle of fairness, which is widely viewed as the strongest theory of obligation currently available. This theory is then extended into a developed 'multiple principle' theory of obligation.
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  10. Obligation.Robert Johnson - manuscript
    Since Plato wrote of political obligation in his dialogue Crito, obligation in general has been of ongoing interest to philosophers. In that dialogue, Socrates argues that he was under an obligation to obey the laws of Athens and comply with a sentence of death. During the course of the argument, he raises and offers solutions to many of the central issues about obligation that philosophers still puzzle over. For instance, how can obligations have the grip on us that they (...)
     
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  11.  18
    The Obligation of Engagement.Tod Chambers - 2023 - Hastings Center Report 53 (1):2-2.
    As many in the United States feel a need to take a side in the ongoing culture wars, the people who make up the field of bioethics have an obligation to directly engage with those who hold different political views. If bioethics is an academic field, it must also affirm the overall values of the academy to continually challenge central assumptions. If the field wishes to be a part of the development of public policy, it must be able to construct (...)
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  12. State Liability for the Infringement of the Obligation to Refer for a Preliminary Ruling under the European Convention on Human Rights.Regina Valutytė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (1):7-20.
    The article deals with the question whether a state might be held liable for the infringement of the European Convention on Human Rights if its national court of last instance fails to implement the obligation to make a reference for a preliminary ruling to the Court of Justice of the European Union under the conditions laid down in Article 267 of the Treaty on the Functioning of the European Union and developed in the case-law of the Court. Relying on (...)
     
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  13.  25
    The Obligation to Terminate A Medical Experiment – Analysis of Legal Regulations.Joanna Huzarska & Dorota Huzarska - 2017 - Studies in Logic, Grammar and Rhetoric 52 (1):117-131.
    The purpose of the present discussion is to present, reflect upon, and evaluate the effective legal regulations concerning the obligation to terminate a medical experiment. The considerations made herein aim at providing an answer to the question whether the aforesaid legal regulations are clear and sufficient. The said analysis is based on the following source: The Act of 5 December 1996 concerning the Professions of General Practitioner and Dental Practitioner. The regulations concerning the obligation to discontinue a medical experiment, both (...)
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  14.  32
    Monitoring State Fulfillment of Economic and Social Rights Obligations in the United States.Susan Randolph, Michelle Prairie & John Stewart - 2012 - Human Rights Review 13 (2):139-165.
    This article adapts the economic and social rights fulfillment index (SERF Index) developed by Fukuda-Parr, Lawson-Remer, and Randolph to assess the extent to which each of the 50 US states fulfills the economic and social rights obligations set forth in the International Covenant on Economic, Social and Cultural Rights. It then extends the index to incorporate discrimination and examines differences in economic and social rights fulfillment by race and sex within each of the states. The overall SERF Index score (...)
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  15.  75
    Political Obligation: A Critical Introduction.Dudley Knowles - 2009 - Routledge.
    Political obligation is concerned with the clash between the individual’s claim to self-governance and the right of the state to claim obedience. It is a central and ancient problem in political philosophy. In this authoritative introduction, Dudley Knowles frames the problem of obligation in terms of the duties citizens have to the state and each other. Drawing on a wide range of key works in political philosophy, from Thomas Hobbes, John Locke, David Hume and G. W. F. Hegel (...)
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  16.  93
    Obligations of Productive Justice: Individual or Institutional?Brian Berkey - 2018 - Critical Review of International Social and Political Philosophy 21 (6):726-753.
    If it is a requirement of justice that everyone has access to basic goods and services, then justice requires that the work that is necessary to produce the relevant goods and provide the relevant services is performed. Two widely accepted views, however, together rule out requirements of justice to perform such work. These are, roughly, that the state cannot force people to perform it, and that individuals are not obligated to perform it voluntarily. Lucas Stanczyk argues that we should (...)
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  17.  46
    Liberal Loyalty: Freedom, Obligation, and the State.Anna Stilz - 2009 - Princeton University Press.
    Many political theorists today deny that citizenship can be defended on liberal grounds alone. Cosmopolitans claim that loyalty to a particular state is incompatible with universal liberal principles, which hold that we have equal duties of justice to persons everywhere, while nationalist theorists justify civic obligations only by reaching beyond liberal principles and invoking the importance of national culture. In Liberal Loyalty, Anna Stilz challenges both views by defending a distinctively liberal understanding of citizenship. Drawing on Kant, Rousseau, (...)
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  18. The irreducibility of collective obligations.Allard Tamminga & Frank Hindriks - 2020 - Philosophical Studies 177 (4):1085-1109.
    Individualists claim that collective obligations are reducible to the individual obligations of the collective’s members. Collectivists deny this. We set out to discover who is right by way of a deontic logic of collective action that models collective actions, abilities, obligations, and their interrelations. On the basis of our formal analysis, we argue that when assessing the obligations of an individual agent, we need to distinguish individual obligations from member obligations. If a collective has (...)
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  19.  15
    Political Obligation, Civil Disobedience and Resistance Within the Democratic Regime: Alessandro Passerin D’Entrèves’ Notion of the State.Maísa Martorano Suarez Pardo - 2023 - Kriterion: Journal of Philosophy 64 (156):749-770.
    RESUMO O artigo examina a função da noção de obrigação política no pensamento do filósofo italiano da política e do direito Alessandro Passerin d’Entrèves (1902-1985), especialmente em sua relação com o regime democrático e as formas de resistência por parte dos cidadãos. Pela análise dos principais argumentos do autor a esse respeito, o artigo procura demonstrar a flexibilidade do conceito de Estado do autor e a importância da filosofia enquanto ponto de intersecção entre a moral e o direito, constituindo-se como (...)
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  20.  40
    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 an anarchist approach to (...)
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  21.  51
    Ethical Obligations in the Face of Dilemmas Concerning Patient Privacy and Public Interests: The Sasebo Schoolgirl Murder Case.Yasuhiro Kadooka, Taketoshi Okita & Atsushi Asai - 2016 - Bioethics 30 (7):520-527.
    A murder case that had some features in common with the Tarasoff case occurred in Sasebo City, Japan, in 2014. A 15-year-old high school girl was murdered and her 16-year-old classmate was arrested on suspicion of homicide. One and a half months before the murder, a psychiatrist who had been examining the girl called a prefectural child consultation centre to warn that she might commit murder, but he did not reveal her name, considering it his professional duty to keep it (...)
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  22.  67
    Rethinking Political Obligation: Moral Principles, Communal Ties, Citizenship.Dorota Mokrosinska - 2012 - Palgrave-Macmillan.
    Why obey the state? Dorota Mokrosińska presents a fresh analysis of the most influential theories of political obligation and develops a novel approach to this foundational problem of political philosophy, an intriguing combination of the elements of natural duty and associative theories. The theory of political obligation developed in the book extends the scope of the contemporary debate on political obligation by arguing that political obligation can be binding even under the jurisdiction of unjust states. The arguments pursued in (...)
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  23. State Legitimacy and Political Obligation in Justice for Hedgehogs: The Radical Potential of Dworkinian Dignity.Susanne Sreedhar & Candice Delmas - 2010 - Boston University Law Review 90 (2):737-758.
  24.  60
    The 'obligation' to screen and its effect on autonomy.Yvonne Lau & Chrystal Jaye - 2009 - Journal of Bioethical Inquiry 6 (4):495-505.
    In the United States, disease screening is offered to the public as a consumer service. It has been proposed that the act of “consumption” is a manifestation of agency and that the decision to consume is an exercise of autonomy. The enthusiasm of the American public for disease screening and the expansion in the demand for all sorts of disease screening in recent years can be viewed as an expression of such autonomy. Here, we argue that the enthusiasm for disease (...)
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  25.  33
    On Obligations: De Officiis.Marcus Tullius Cicero - 2008 - Oxford University Press UK.
    On Obligations was written by Cicero in late 44 BC after the assassination of Julius Caesar to provide principles of behaviour for aspiring politicians. It explores the apparent tensions between honourable conduct and expediency in public life, and the right and wrong ways of attaining political leadership. The principles of honourable behaviour are based on the Stoic virtues of wisdom, justice, magnanimity, and propriety; in Cicero's view the intrinsically useful is always identical with the honourable. Cicero's famous treatise has (...)
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  26.  27
    Due Diligence Obligations of Conduct: Developing a Responsibility Regime for PMSCs.Nigel D. White - 2012 - Criminal Justice Ethics 31 (3):233-261.
    Abstract As non-state actors, PMSCs are not embraced by traditional state-dominated doctrines of international law. However, international law has itself failed to keep pace with the evolution of states and state-based actors, to which strong Westphalian notions of sovereignty are no longer applicable. It is argued that these structural inadequacies stand in the way of international regulation of PMSCs, rather than defects in international human rights and humanitarian law per se. By analyzing understandings of legal responsibility, where (...)
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  27.  10
    Political Obligation and Political Recognition.Dan Khokhar - 2025 - Journal of Ethics and Social Philosophy 29 (3).
    The problem of political obligation may roughly be characterized as the philosophical challenge of establishing that there is a general obligation to obey the law as such. In this paper, I defend the recognitional account of political obligation, which consists of the following three claims: (i) citizens of a liberal polity have obligations to recognize one another as free and equal moral members of their own political community and communicate this recognition; (ii) under certain conditions, having respect for the (...)
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  28.  38
    Restoration, Obligation, and the Baseline Problem.Alex Lee, Adam Pérou Hermans & Benjamin Hale - 2014 - Environmental Ethics 36 (2):171-186.
    Should we restore degraded nature, and if so, why? Environmental theorists often approach the problem of restoration from perspectives couched in much broader debates, particularly regarding the intrinsic value and moral status of natural entities. Unfortunately, such approaches are susceptible to concerns such as the baseline problem, which is both a philosophical and technical issue related to identifying an appropriate restoration baseline. Insofar as restoration ostensibly aims to return an ecosystem to a particular baseline state, and depends upon clearly (...)
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  29. Political obligation, fairness, and independence.Jonathan Wolff - 1995 - Ratio 8 (1):87-99.
    In the first section the problem of political obligation is motivated, and in Section 2 the core structure of the problem is laid bare. A recognition ofthis structure prompts reflection that the problem will appear very different to different thinkers, depending on their moral theories. It also invites the speculation that the problem will be incapable of solution on some moral theories while trivial on others. This polarity does reflect the state of much of the literature until fairly recently. (...)
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  30.  15
    The Obligation of Judges to Uphold Rules of Positive Law and Possibly Conflicting Ethical Values in Context.Petra Gyöngyi - 2020 - Netherlands Journal of Legal Philosophy 49 (2):196-217.
    The obligation of judges to uphold rules of positive law and possibly conflicting ethical values in context: The case of criminalization of homelessness in Hungary This article examines the tension between the constitutional obligation of judges to uphold rules of positive law and possibly conflicting standards of conduct arising from professional-ethical values. The theoretical analysis will be illustrated by the case of Hungary, an EU member state experiencing rule of law challenges since 2010 and where the 2018-2019 criminalization of (...)
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  31.  77
    Are Political Obligations Content Independent?George Klosko - 2011 - Political Theory 39 (4):498-523.
    Current scholars generally view political obligations as "content independent." Citizens have moral reasons to obey the law because it is the law, rather than because of the content of different laws. However, this position is subject to criticism on both theoretical and practical grounds. The main consideration in favor of content independence, the so-called "self-image of the state," does not actually support it. Properly understood, the state's self-image is to comply with laws because of the underlying moral (...)
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  32.  83
    Trust based obligations of the state and physician-researchers to patient-subjects.Paul B. Miller & Charles Weijer - 2006 - Journal of Medical Ethics 32 (9):542-547.
    When may a physician enroll a patient in clinical research? An adequate answer to this question requires clarification of trust-based obligations of the state and the physician-researcher respectively to the patient-subject. The state relies on the voluntarism of patient-subjects to advance the public interest in science. Accordingly, it is obligated to protect the agent-neutral interests of patient-subjects through promulgating standards that secure these interests. Component analysis is the only comprehensive and systematic specification of regulatory standards for benefit-harm (...)
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  33. Legal obligation as a duty of deference.Kimberley Brownlee - 2008 - Law and Philosophy 27 (6):583 - 597.
    An enduring question in political and legal philosophy concerns whether we have a general moral obligation to follow the law. In this paper, I argue that Philip Soper’s intuitively appealing effort to give new life to the idea of legal obligation by characterising it as a duty of deference is ultimately unpersuasive. Soper claims that people who understand what a legal system is and admit that it is valuable must recognise that they would be morally inconsistent to deny that they (...)
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  34. An obligation to provide abortion services: what happens when physicians refuse?C. Meyers & R. D. Woods - 1996 - Journal of Medical Ethics 22 (2):115-120.
    Access to abortion services in the United States continues to decline. It does so not because of significant changes in legislation or court rulings but because fewer and fewer physicians wish to perform abortions and because most states now have "conscientious objection" legislation that makes it easy for physicians to refuse to do so. We argue in this paper that physicians have an obligation to perform all socially sanctioned medical services, including abortions, and thus that the burden of justification lies (...)
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  35. (1 other version)Farewell to Political Obligation: In Defense of a Permissive Conception of Legitimacy.Jiafeng Zhu - 2015 - Pacific Philosophical Quarterly 96 (3):449-469.
    In the recent debate on political legitimacy, we have seen the emergence of a revisionist camp, advocating the idea of ‘legitimacy without political obligation,’ as opposed to the traditional view that political obligation is necessary for state legitimacy. The revisionist idea of legitimacy is appealing because if it stands, the widespread skepticism about the existence of political obligation will not lead us to conclude that the state is illegitimate. Unfortunately, existing conceptions of ‘legitimacy without political obligation’ are subject (...)
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  36. Political obligations in a sea of tyranny and crushing poverty.Aaron Maltais - 2014 - Legal Theory 20 (3):186-209.
    Christopher Wellman is the strongest proponent of the natural-duty theory of political obligations and argues that his version of the theory can satisfy the key requirement of ; namely, justifying to members of a state the system of political obligations they share in. Critics argue that natural-duty theories like Wellman's actually require well-ordered states and/or their members to dedicate resources to providing the goods associated with political order to needy outsiders. The implication is that natural-duty approaches weaken (...)
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  37.  41
    Political obligation and military service in three countries.George Klosko, Michael Keren & Stacy Nyikos - 2003 - Politics, Philosophy and Economics 2 (1):37-62.
    University of Calgary, Canada and Tel Aviv University, Israel mkeren{at}ucalgary.ca ' + u + '@' + d + ' '//--> Stacy Nyikos University of Tulsa, USA stacy-nyikos{at}utulsa.edu ' + u + '@' + d + ' '//--> Although questions of political obligation have been much discussed by scholars, little attention has been paid to moral reasons advanced by actual states to justify the compliance of their subjects. We examine the `self-image of the state' through Supreme Court decisions in the (...)
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  38. Can management have multi-fiduciary stakeholder obligations?Abe Zakhem & United States - 2015 - In Daniel E. Palmer, Handbook of research on business ethics and corporate responsibilities. Hershey: Business Science Reference, An Imprint of IGI Global.
     
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  39. Obligation or Desire: Variation in Motivation for Compliance With COVID-19 Public Health Guidance.Ting Ai, Glenn Adams & Xian Zhao - 2021 - Frontiers in Psychology 12.
    Why do people comply with coronavirus disease 2019 public health guidance? This study considers cultural-psychological foundations of variation in beliefs about motivations for such compliance. Specifically, we focused on beliefs about two sources of prosocial motivation: desire to protect others and obligation to society. Across two studies, we observed that the relative emphasis on the desire to protect others as an explanation for compliance was greater in the United States settings associated with cultural ecologies of abstracted independence than in Chinese (...)
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  40. Associative obligations and the state.Leslie Green - 2004 - In Justine Burley, Dworkin and His Critics: With Replies by Dworkin. Philosophers and their Critics. Malden, MA: Wiley-Blackwell. pp. 265--284.
  41.  65
    Political Obligations and Public Goods.Isaac Taylor - 2021 - Res Publica 27 (4):559-575.
    The principle of fairness is a moral principle which states that individuals are under an obligation to contribute towards beneficial cooperative projects. It has been appealed to in arguing that citizens are obligated to pay for public goods that their government supplies. Yet the principle has faced a number of powerful objections, most notably those of Robert Nozick. In responding to some of these objections, proponents of the principle have placed a number of conditions on its application. However, by doing (...)
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  42. The United States and its Climate Change Policy: Advocating an Alignment of National Interest and Ethical Obligations.John Holland - 2009 - Notre Dame Journal of Law, Ethics and Public Policy 23 (2):623-648.
  43. Political Obligation.George Klosko - 2011 - In The Oxford Handbook of the History of Political Philosophy. New York: Oxford University Press UK.
    This is the first in-depth study of popular attitudes towards political obligations and how these are viewed by the state. Leading political theorist George Klosko provides a full defense of a theory of political obligation based on the principle of fairness, which is widely viewed as the strongest theory of obligation currently available.
     
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  44. The Obligation to Obey the Law and the Ends of the State.J. Roland Pennock - 1964 - In Sidney Hook, Law and philosophy. [New York]: New York University Press. pp. 77--85.
  45.  67
    Political obligation and the voluntary association model of the state.Karen Johnson - 1975 - Ethics 86 (1):17-29.
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  46. The obligation to obey the law and the ends of the state.Poland Pennock - 1964 - In Sidney Hook, Law and philosophy. [New York]: New York University Press.
  47. Kant's non-voluntarist conception of political obligations: Why justice is impossible in the state of nature.Helga Varden - 2008 - Kantian Review 13 (2):1-45.
    This paper presents and defends Kant’s non-voluntarist conception of political obligations. I argue that civil society is not primarily a prudential requirement for justice; it is not merely a necessary evil or moral response to combat our corrupting nature or our tendency to act viciously, thoughtlessly or in a biased manner. Rather, civil society is constitutive of rightful relations because only in civil society can we interact in ways reconcilable with each person’s innate right to freedom. Civil society is (...)
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  48. Hobbes,'Behemoth', church-state relations, and political obligation.Johann P. Sommerville - 2003 - Filozofski Vestnik 24 (2):205-222.
  49. Acceptance, fairness, and political obligation.Edward Song - 2012 - Legal Theory 18 (2):209-229.
    Among the most popular strategies for justifying political obligations are those that appeal to the principle of fairness. These theories face the challenge, canonically articulated by Robert Nozick, of explaining how it is that persons are obligated to schemes when they receive goods that they do not ask for but cannot reject. John Simmons offers one defense of the principle of fairness, arguing that people could be bound by obligations of fairness if they voluntarily accept goods produced by (...)
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  50. Inherited Obligations and Generational Continuity.Janna Thompson - 1999 - Canadian Journal of Philosophy 29 (4):493-515.
    Those who believe that they have special obligations to their community — to their family, state or nation, clan, tribe, or cultural group — often insist that they have duties not merely to present and future members. They also claim to have responsibilities to, or in respect to, their predecessors. David Miller, in his defence of ‘nationality,’ claims that the existence of a nation as a historical community is one of the features which make it ‘a community of (...)
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