Results for ' contractual defenses of slavery and autocracy'

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  1. The Possibility of Contractual Slavery.Danny Frederick - 2016 - Philosophical Quarterly 66 (262):47-64.
    In contrast to eminent historical philosophers, almost all contemporary philosophers maintain that slavery is impermissible. In the enthusiasm of the Enlightenment, a number of arguments gained currency which were intended to show that contractual slavery is not merely impermissible but impossible. Those arguments are influential today in moral, legal and political philosophy, even in discussions that go beyond the issue of contractual slavery. I explain what slavery is, giving historical and other illustrations. I examine (...)
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  2. Wage slavery: A neo-Roman account.Tom O’Shea - forthcoming - European Journal of Political Theory.
    The idea of wage slavery is often regarded with suspicion even among critics of capitalism. Sceptics note the dubious racial politics associated with its use, while recording many differences between the condition of waged workers and chattel slaves. However, these objections are more plausible on some conceptions of wage slavery than others. I look to the history of political thought to recover and reformulate a more defensible account, drawing on a neo-Roman understanding of slavery as subjection to (...)
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  3.  76
    Aristotle’s Defensible Defence of Slavery.Peter Simpson - 2006 - Polis 23 (1):95-115.
    This article is an attempt to break down Aristotle’s arguments in favour of slavery into what I take to be their constituent premises and conclusions, to set these out schematically in syllogistic form, and to display both how each of the arguments works on its own and how all of them fit together to form one overarching argument. The purpose of this exercise is to make as evident as possible the structure, coherence, and validity of Aristotle’s reasoning. This is (...)
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  4. The Contractual State.Patricia Springborg - 1987 - History of Political Thought 8 (3):395.
    Recent archaeological discoveries show ancient, and particularly Near Eastern society to have been supremely contractual, while Mediterranean society was historically characterized by strong family structures, challenging the 19th century evolutionary Status-to-Contract canon.
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  5.  11
    Enforcing Contractual Claims: From Schmitthoff to Investment Arbitration.Adelheid Puttler, Marc Bungenberg & Karl M. Meessen - 2009 - In Adelheid Puttler, Marc Bungenberg & Karl M. Meessen, Economic Law as an Economic Good: Its Rule Function and its Tool Function in the Competition of Systems. Sellier de Gruyter.
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  6.  8
    Slavery.Claude Meillassoux - 2021 - In V. Y. Mudimbe & Kasereka Kavwahirehi, Encyclopedia of African Religions and Philosophy. Springer Verlag. pp. 640-641.
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  7.  34
    The contractual nexus: Is reliance essential?Mitchell Paul & Phillips John - 2002 - Oxford Journal of Legal Studies 22 (1):115-134.
    This article challenges the generally accepted dogma that reliance is an essential ingredient in contractual formation. We argue that this view has resulted from an erroneous interpretation of the relevant case law, failure to cite contrary authority, and the elevation of often oblique judicial references to the need for reliance to the status of fundamental contractual principle. Contractual theory and clear policy reasons support our position that in English law a contractual obligation subsists when a person, (...)
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  8.  98
    Democratic Autocracy: a Populist Update to Fascism under Neoliberal Conditions.Cihan Tuğal - forthcoming - Historical Materialism:1-38.
    What are the social dynamics behind the rise and resilience of today’s authoritarian regimes? This paper seeks to answer this question by focusing on the longest lasting elected autocracy of our era, the AKP (Justice and Development Party) regime in Turkey. Building on the authoritarian neoliberalism literature’s criticism of the scholarship on competitive authoritarianism, I point out the seeds of authoritarianism in the pro-market reforms of the 1980s–2000s. However, both literatures fail to address the popular embrace of authoritarianism. In (...)
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  9.  44
    Contractual Liability: for Fault or Strict?Simona Selelionytė-Drukteinienė - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (4):1417-1441.
    The author investigates the necessity of fault as the prerequisite of contractual civil liability. The author makes the conclusion that Lithuanian law, following most of the countries belonging to the civil law tradition and contrary to the common law systems, as well as Vienna convention, UNIDROIT principles, PECL and DCFR, begins with the theory that fault is a requirement for contractual liability. Strict liability in Lithuanian law is the exception of this general rule. Nevertheless, the author argues that (...)
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  10.  63
    (1 other version)Non-contractual Society: A Feminist View.Virginia Held - 1987 - Canadian Journal of Philosophy, Supplementary Volume 13:111-137.
    Contemporary society is in the grip of contractual thinking. Realities are interpreted in contractual terms, and goals are formulated in terms of rational contracts. The leading current conceptions of rationality begin with assumptions that human beings are independent, self-interested or mutually disinterested, individuals; they then typically argue that it is often rational for human beings to enter into contractual relationships with each other.
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  11.  30
    Slavery's Bestiary: Joel Chandler Harris's Uncle Remus Tales.Christopher Peterson - 2011 - Paragraph 34 (1):30-47.
    The critical reception of Joel Chandler Harris's Uncle Remus Tales has often interpreted these animal fables as allegories of American slavery. Such an approach, however, risks what Steve Baker calls the ‘denial of the animal’, which displaces animal signifiers onto human signifieds. Through readings of ‘The Wonderful Tar-Baby Story’ and ‘How the Birds Talk’, I ask what it might mean to take seriously the numerous historical, political and philosophical questions posed by the animal ‘form’ that these characters assume, including (...)
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  12.  22
    Contractual responsibility in non-profit associations.Flannigan Robert - 1998 - Oxford Journal of Legal Studies 18 (4):631-659.
    The contractual liability exposure of members of unincorporated non-profit undertakings has not been deeply investigated by the courts. The basic principle is clear enough - contractual liability depends on whether or not a member participates in managing the affairs of the association. This is framed by the judges as a question of agency. What has remained unstated is the rationale for this approach. The author examines the English, Canadian, and American authorities in an effort to clarify the operation (...)
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  13. Not Slavery, but Salvation.Adriel M. Trott - 2017 - Polis 34 (1):115-135.
    This paper argues that Aristotle challenges the view of Athenian democrats that all rule is master rule – the imposition of the will of the powerful on the powerless – by arguing that the politeuma, or government, should be identical with the politeia, understood both as the constitution and the collectivity of citizens. I examine Aristotle’s analysis and response to democrats’ skepticism of the law that the constitution embodies. Aristotle argues that democrats think law limits license even when the source (...)
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  14. Voluntary Slavery.Danny Frederick - 2014 - Las Torres de Lucca: Revista Internacional de Filosofía Política 3 (4):115-137.
    The permissibility of actions depends upon facts about the flourishing and separateness of persons. Persons differ from other creatures in having the task of discovering for themselves, by conjecture and refutation, what sort of life will fulfil them. Compulsory slavery impermissibly prevents some persons from pursuing this task. However, many people may conjecture that they are natural slaves. Some of these conjectures may turn out to be correct. In consequence, voluntary slavery, in which one person welcomes the duty (...)
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  15.  33
    Slavery in Antiquity. [REVIEW]Joachim Thiel - 1982 - Philosophy and History 15 (1):53-54.
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  16. Contractual Justice: A Modest Defence.Brian Barry - 1996 - Utilitas 8 (3):357-380.
    As the author ofJustice as Impartiality, I am not ashamed to admit that I was delighted by the liveliness of the discussion generated by it at the meeting on which this symposium is based. I am likewise grateful to the six authors for finding the book worthy of the careful attention that they have bestowed on it. Between them, the symposiasts take up many more points than I can cover in this response. I shall therefore focus on some themes that (...)
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  17.  23
    Reconstrucción de la justicia contractual desde la justicia relacional.Rocío Caro Gándara - 2014 - Recerca.Revista de Pensament I Anàlisi 14:93-116.
    The reductionist view of contractual phenomenon, typical of civil codes and classical contract law, is a result of a blur that, overestimating the voluntary agreement, undervalues the exchange. Trying to show the partial and inadequate character of that vision of contract law, contextualists or relationists proposals have emerged, focusing on the defense of the relational contract model. These theories suggest relational justice as a new paradigm. It transfers the relational approach of sociology to law, and incorporates the analysis of (...)
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  18.  20
    Jewish Slavery in Antiquity.Catherine Hezser - 2005 - Oxford University Press.
    This book is the first comprehensive analysis of Jewish attitudes towards slavery in Hellenistic and Roman times. Against the traditional opinion that after the Babylonian Exile Jews refrained from employing slaves, Catherine Hezser shows that slavery remained a significant phenomenon of ancient Jewish everyday life and generated a discourse which resembled Graeco-Roman and early Christian views while at the same time preserving specifically Jewish nuances.
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  19.  10
    New Slavery: A Reference Handbook.Kevin Bales - 2000 - ABC-CLIO.
    In the year 2000, there were some 27 million slaves in the world. This book brings into focus the reality of contemporary slavery with vivid examples drawn from cases ranging from the Sudan and India to France and the United States. Weaving statistical and narrative information, this volume explores the causes of the practice and sketches the organizations that exist to battle it.
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  20.  14
    Defensive Kidnapping.Connor K. Kianpour - forthcoming - Moral Philosophy and Politics.
    Are private citizens ever morally permitted to abduct children and keep them in their custody, to protect them from their severely abusive or neglectful parents? Should private citizens face legal penalties for abducting children and keeping them in their custody, to protect them from their severely abusive or neglectful parents? In this essay, I offer arguments that support an affirmative answer to the first question and a negative answer to the second. Ultimately, I come out supporting a legal regime that (...)
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  21. Self-defensive subjectivity.Chad Kautzer - 2014 - Philosophy and Social Criticism 40 (8):743-756.
    In his book Das Recht der Freiheit (2011), Axel Honneth develops a theory of social justice that incorporates negative, reflexive and social forms of freedom as well as the institutional conditions necessary for their reproduction. This account enables the identification of social pathologies or systemic normative deficits that frustrate individual efforts to relate their actions reflexively to a normative order and inhibits their ability to recognize the freedom of others as a condition of their own. In this article I utilize (...)
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  22.  34
    Europe’s Defensive Building. [REVIEW]Walter G. Rödel - 1975 - Philosophy and History 8 (1):116-117.
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  23.  45
    Defensive Escalations.Gerald Lang - 2022 - The Journal of Ethics 26 (2):273-294.
    Defence cases with an escalatory structure, in which the levels of violence between aggressor and defender start out as minor and then become major, even lethal, raise sharp problems for defence theory, and for our understanding of the conditions of defence: proportionality, necessity, and imminence. It is argued here that defenders are not morally required to withdraw from participation in these cases, and that defensive escalations do not offend against any of the conditions of defence, on an adequate understanding of (...)
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  24.  43
    Cultural versus Contractual Nations: Rethinking Their Opposition.Brian C. J. Singer - 1996 - History and Theory 35 (3):309-337.
    This paper begins with the opposition common to almost all discussions of the nation and nationalism: that between the cultural and the civic nation. Behind this opposition, however, one can detect a certain "complicity" between the two conceptions. And in order to understand the nature of this complicity, the paper proposes to re-examine the origins of the modern nation during the French Revolution. The first nation, it is argued, was conceived in strictly contractual terms; and yet within only a (...)
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  25. Socrates' Defensible Devices in Plato's Meno.Mason Marshall - 2019 - Theory and Research in Education 17 (2):165-180.
    Despite how revered Socrates is among many educators nowadays, he can seem in the end to be a poor model for them, particularly because of how often he refutes his interlocutors and poses leading questions. As critics have noted, refuting people can turn them away from inquiry instead of drawing them in, and being too directive with them can squelch independent thought. I contend, though, that Socrates' practices are more defensible than they often look: although there are risks in refuting (...)
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  26.  25
    (Mis)Understanding Correlativity in Contractual Relations.Irina Sakharova - 2024 - Ratio Juris 37 (1):48-66.
    This article challenges the orthodox explanation of the normative connection between contracting parties: The promisee is regarded as having a superior position vis‐à‐vis the promisor, a position manifesting itself in the promisee's authority or control over the promisor's performance, and supported, in particular, by the promisee's supposed power, or at least some sort of ability falling short of a normative power, to “waive” the promisor's duty of performance. The article demonstrates that this explanation is rooted in a one‐sided, and ultimately (...)
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  27.  81
    Slavery in Global Context.Jane Duran - 2010 - International Journal of Applied Philosophy 24 (1):61-69.
    The work of Cox, Bales, Dingwaney, and others is cited in an effort to construct an argument about the special rights violations of contemporary slavery. It is contended that two forms, debt bondage and sexual slavery, are related and bear close examination.
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  28.  59
    Defensive medicine or economically motivated corruption? A confucian reflection on physician care in china today.Xiao-Yang Chen - 2007 - Journal of Medicine and Philosophy 32 (6):635 – 648.
    In contemporary China, physicians tend to require more diagnostic work-ups and prescribe more expensive medications than are clearly medically indicated. These practices have been interpreted as defensive medicine in response to a rising threat of potential medical malpractice lawsuits. After outlining recent changes in Chinese malpractice law, this essay contends that the overuse of expensive diagnostic and therapeutic interventions cannot be attributed to malpractice concerns alone. These practice patterns are due as well, if not primarily, to the corruption of medical (...)
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  29.  56
    Millar on Slavery.Fred Ablondi - 2009 - Journal of Scottish Philosophy 7 (2):163-175.
    John Millar's The Origin of the Distinction of Ranks is best known for its first chapter in which Adam Smith's favorite student traces the social status of women as it changed at various historical stages. Millar's concern is strictly with description and explanation. In the less discussed final chapter he examines the authority of a master over his servants. His treatment of slavery differs from the account of the rank of women in several notable ways, most significantly, perhaps, by (...)
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  30.  12
    Slavery.Stanley L. Engerman, Seymour Drescher & Robert L. Paquette - 2001 - Oxford University Press USA.
    Exploring the economic, cultural and political role of slavery in different societies, this volume includes selections from historians, economists and contemporaries - from those enslaved as well as from free members of slave owning societies.
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  31.  46
    Legalizing Defensive Torture.U. B. Steinhoff - 2012 - Public Affairs Quarterly 26 (1):19-32.
    Since people have a right even to kill a culpable aggressor if, in the circumstances, this is a proportionate and necessary means of self–defense against an imminent or ongoing attack, and since most forms of torture are not as bad as killing, people must also have a right to torture a culpable aggressor if this, too, in the circumstances, is a proportionate and necessary means of self–defense against an imminent or ongoing attack.But can torture really ever be a form of (...)
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  32. Crucial Evidence: Hobbes on Contractual Obligation.Luciano Venezia - 2013 - Journal of the Philosophy of History 7 (1):106-135.
    The author introduces the notions of crucial argument and crucial evidence in the philosophy of intellectual history (broadly construed, including the history of political thought). He will use these concepts and take sides in an important controversy in Hobbes studies, namely whether Hobbes holds a prudential or a deontological theory of contractual obligation. Though there is textual evidence for both readings, he will argue that there is especially relevant evidence - crucial evidence - for interpreting Hobbes's account in a (...)
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  33.  17
    Sex Slavery (1890).Voltairine de Cleyre - unknown
    dim light from the corridor without, a narrow window, barred and sunken in the stone, a grated door! Beyond its hideous iron latticework, within the ghastly walls, – a man! An old man, gray-haired and wrinkled, lame and suffering. There he sits, in his great loneliness, shut in front all the earth. There he walks, to and fro, within his measured space, apart from all he loves! There, for every night in five long years to come, he will walk alone, (...)
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  34.  46
    Contractual Communication.Lawrence B. Solum - 2019 - Harvard Law Review Forum 113.
    In this Response, I will investigate the foundations of both shared and unshared meaning in legal communication. Part I takes a step back from contractual communication and offers a preliminary sketch of a general model of legal communication; the sketch draws on speech act theory and the work of Paul Grice, extending and modifying many of the insights developed by Kar and Radin. Part II turns to contractual communication, differentiating distinct “situations of contractual communication” and interrogating Kar (...)
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  35.  92
    Hobbesian Slavery.Daniel Luban - 2018 - Political Theory 46 (5):726-748.
    Although Thomas Hobbes’s critics have often accused him of espousing a form of extreme subjection that differs only in name from outright slavery, Hobbes’s own striking views about slavery have attracted little notice. For Hobbes repeatedly insists that slaves, uniquely among the populace, maintain an unlimited right of resistance by force. But how seriously should we take this doctrine, particularly in the context of the rapidly expanding Atlantic slave trade of Hobbes’s time? While there are several reasons to (...)
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  36. A liberal argument for slavery.Stephen Kershnar - 2003 - Journal of Social Philosophy 34 (4):510–536.
    The slavery contract is not a rights violation since the right not to be enslaved and the right not to give out a benefit are waivable and the conjunction of their voluntary waiver is not itself a rights violation. The case for the contract being pejoratively exploitative is not clear. Hence given the general presumption in favor of liberty of contract, such a transaction ought to be permitted. The contract is also not invalid on the grounds that the wrongdoer’s (...)
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  37. Does Hegel Justify Slavery?Michael H. Hoffheimer - 1993 - The Owl of Minerva 25 (1):118-119.
    Mississippi Representative L.Q.C. Lamar was one of the most aggressive slavery supporters in Congress on the eve of the Civil War. Lamar had a personal stake in slavery, owning a plantation and 26 slaves in north Mississippi. In a speech delivered at the height of national debate on the slavery issue, Lamar attacked abolitionism and sought to justify slavery based on the supposed natural inferiority of blacks. His chief authority in the speech was Hegel.
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  38.  6
    A Technology Strand in Elementary Science: Is It Defensible?Ted Bredderman - 1987 - Bulletin of Science, Technology and Society 7 (1-2):218-224.
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  39.  52
    An Argument Against Slavery in the Republic.Joseph Gonda - 2016 - Dialogue 55 (2):219-244.
    The Republiccontains: an implicit argument that slavery is unjust, a bar against Greeks having Greek slaves that allows barbarian slaves. The scholarship has failed to notice the first, that the second is a performative addressed to Greeks, and mistakes the third as explicit. Four passages are examined: a catalogue of a Greek city’s social classes ; a bar against Greek slaves, asserting the continuation of barbarian slavery ; an assertion that the Best City can exist at any time (...)
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  40. Defensive Liability Without Culpability.Saba Bazargan-Forward - 2016 - In Christian Coons & Michael Weber, The Ethics of Self-Defense. New York, NY: Oxford University Press USA.
    A minimally responsible threatener is someone who bears some responsibility for imposing an objectively wrongful threat, but whose responsibility does not rise to the level of culpability. Minimally responsible threateners include those who knowingly commit a wrongful harm under duress, those who are epistemically justified but mistaken in their belief that a morally risky activity will not cause a wrongful harm, and those who commit a harm while suffering from a cognitive impairment which makes it prohibitively difficult to recognize and (...)
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  41. Demographic statistics in defensive decisions.Renée Jorgensen Bolinger - 2019 - Synthese 198 (5):4833-4850.
    A popular informal argument suggests that statistics about the preponderance of criminal involvement among particular demographic groups partially justify others in making defensive mistakes against members of the group. One could worry that evidence-relative accounts of moral rights vindicate this argument. After constructing the strongest form of this objection, I offer several replies: most demographic statistics face an unmet challenge from reference class problems, even those that meet it fail to ground non-negligible conditional probabilities, even if they did, they introduce (...)
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  42. Non‐defensible middle ground for experimental realism: Why we are justified to believe in colored quarks.Michela Massimi - 2004 - Philosophy of Science 71 (1):36-60.
    Experimental realism aims at striking a middle ground between scientific realism and anti-realism, between the success of experimental physics it would explain and the realism about scientific theories it would supplant. This middle ground reinstates the engineering idea that belief in scientific entities is justified on purely experimental grounds, without any commitment to scientific theories and laws. This paper argues that there is no defensible middle ground to be staked out when it comes to justifying physicists' belief in colored quarks, (...)
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  43.  13
    Defensive Liability Without Culpability.Saba Bazargan - 2016 - In Christian Coons & Michael Weber, The Ethics of Self-Defense. New York, NY: Oxford University Press USA.
    A minimally responsible threatener is someone who bears some responsibility for imposing an objectively wrongful threat, but whose responsibility does not rise to the level of culpability. Minimally responsible threateners include those who knowingly commit a wrongful harm under duress, those who are epistemically justified but mistaken in their belief that a morally risky activity will not cause a wrongful harm, and those who commit a harm while suffering from a cognitive impairment which makes it prohibitively difficult to recognize and (...)
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  44.  82
    Should there be an Apology for American slavery?George Schedler - 2007 - Should There Be an Apology for American Slavery? 21 (2):125-148.
    Contemporary white Americans cannot meaningfully ask forgiveness from present-day African Americans for slavery, because such a group apology does not have the mental state needed to communicate regret and intend that listeners forgive the group. Even if the requisite mental state were present, contemporary white Americans are not responsible for the wrong and cannot apologize for wrongs for which they are not responsible. Additionally, such a purported apology is not directed to the victims of the wrong but instead seeks (...)
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  45. Understanding the political defensive privilege.Patrick Emerton & Toby Handfield - 2014 - In Cécile Fabre & Seth Lazar, The Morality of Defensive War. Oxford, GB: Oxford University Press. pp. 40-65.
    Nations are understood to have a right to go to war, not only in defense of individual rights, but in defense of their own political standing in a given territory. This paper argues that the political defensive privilege cannot be satisfactorily explained, either on liberal cosmopolitan grounds or on pluralistic grounds. In particular, it is argued that pluralistic accounts require giving implausibly strong weight to the value of political communities, overwhelming the standing of individuals. Liberal cosmopolitans, it is argued, underestimate (...)
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  46.  11
    Defensive internationalism: providing public goods in an uncertain world.Davis B. Bobrow - 2005 - Ann Arbor: University of Michigan Press. Edited by Mark A. Boyer.
    Understanding defensive internationalism: black, white, or shades of gray -- Clubs, identities, and institutions: a tale of overlapping interests -- Domestic support for contributions: how stable and strong? -- International development assistance -- International debt management and relief -- United Nations peacekeeping operations -- Pursuing international environmental quality -- A global prognosis of muted optimism?
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  47.  43
    Anti-slavery international.Mary Cunneen - 2005 - Journal of Global Ethics 1 (1):85 – 92.
    Despite the abolition of the transatlantic slave trade, slavery is not confined to the past. Many forms of slavery exist worldwide today, as highlighted by increased recent awareness of trafficking. International, and some national, legislation to combat contemporary slavery and trafficking exists, yet these practices continue. As important as legislation is its effective and sensitive implementation. With trafficking, we need to recognise the complexities of forced labour within a global context and move policy beyond its current restricted (...)
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  48.  2
    On the Contractual Obligation to Accuracy in Historical Filmmaking.Jeff Mitchell - 2024 - International Journal of Applied Philosophy 38 (1):29-37.
    Keith Dromm has argued that the makers of historical films have a moral duty to be accurate in their depictions of the past due to the principle that it is wrong to lie. In this essay, I contend that contractarianism provides a more comprehensive basis upon which to ground such an obligation. While Dromm’s treatment takes into consideration key historical facts, such as names and dates, it fails to properly account for the role played by causal interpretation in historical understanding. (...)
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  49.  57
    Response: Limiting Defensive Rights.Seth Lazar - 2017 - Journal of Applied Philosophy 34 (1):19-23.
    Arthur Ripstein’s article draws on more resources than I can deploy in this response to it. I will restate what I take to be the central claims of the article, then present a reply. Ripstein does not strictly argue for his view of proportionality in defensive force. Instead he paints a picture of a moral system that one might adopt, and indicates the role of the proportionality constraint therein. So after outlining how I understand that picture, I will draw an (...)
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  50.  51
    Slavery with extra steps: conceptualising impersonal market domination.Louis Mosar - 2024 - Contemporary Political Theory 23 (2):228-248.
    Recently, some authors have claimed that, from a republican perspective, market relations are dominating. However, _prima facie_, this idea does not fit within the (neo-)republican conceptualization of domination, which models domination on the master-slave relation. The aim of this article is to twofold. First, I try to argue that market relations can be seen as dominating. Second, I attempt to show that this can be done through an extension of the (neo-)republican conceptualization of domination. I try to achieve this by (...)
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