이 글은 사회의 기본구조와 이러한 구조 속에 살아가는 사람들의 관계를 법의 지배를 통해 규제하는 정치의 한계를 비판적으로 검토하고, 이를 통해 오늘날 자유민주주의 체제 가 건강하게 작동하기 위해서는 도덕과 도덕철학이 중요하다고 논증할 것이다. 이를 위해 본 논문은 도덕이 지배하는 정치와 법이 지배하는 정치로의 전환을 비판적으로 분석하며, 이러한 분석으로부터 ‘다시 도덕의 지배’라는 주제를 중심으로 도덕의 필요성과 역할을 다 룰 것이다. 그럼에도 도덕의 지배는 법의 지배를 비판하지만 법치 자체를 부정하는 것이 아니라 도덕과 정치의 상호작용을 목적으로 한다. 이러한 의미에서 본 논문은 이전의 덕 윤리나 (...) 의무론적 윤리를 다시 소환하는 것이 아니라, 아도르노의 철학을 재해석함으로써 도덕과 정치의 상호작용을 가능하게 하는 도덕철학을 ‘비판적 도덕철학’이라는 이름으로 제시한다. 아도르노의 도덕철학은 자유를 억압하는 관리된 사회에 대해 비판이 도덕철학 의 근본역할 일 뿐만 아니라, 도덕적 가치를 판단할 비판적 원칙을 제시하고 있다는 점에 서 비판적 도덕철학이다. 더 나아가 본 논문은 도덕적 판단의 원칙을 인간이 상호성의 존 재라는 그의 철학에 대한 해석에 따라 ‘상호작용하는 모든 것은 어떤 단순한 교환가치로서 가 아니라 그 자체의 내적 가치를 가지는 것으로 존중되어야 한다’로 수정할 것을 제안할 것이다. (shrink)

In the Western philosophic tradition, virtue theory has rarely been extended to the political realm. There is a long tradition that advocates the role of virtue in ethical theory, but the implications of this tradition for political theory have largely been neglected. However, in the Chinese tradition, we very early on see the use of virtue-based theories not only in ethics but in political thought as well. Indeed, one of the most sophisticated early Confucian philosophers, Xúnzǐ 荀子 (fl. 298–238 BCE), (...) believes that a virtue-based political theory is a natural extension of his virtue-based ethical theory. At the same time, a prominent anti-Confucian political philosopher, Hán Fēizǐ 韓非子, was diametrically opposed to allowing virtue, or, indeed, any other moral quality, serve as the basis for political theory, arguing instead that a clear set of laws should serve as the fundamental basis. Therefore, this tradition offers us a very clear debate on the problems and promise of a virtue politics. This debate is not only of historical interest, however. To the extent that contemporary philosophers interested in the possibility of extending virtue theory to the political realm take themselves to be prescribing for everyone, as opposed to simply for those within their own cultural background, they must be willing to take into account other traditions that have wrestled with similar issues. In early China we not only see a version of virtue politics, we also see a sophisticated debate about its viability. And, while Xúnzǐ himself may not be capable of answering all of Hán Fēizǐ’s objections, analyzing this debate affords us the opportunity to see how and where a particular conception of virtue politics succeeds and fails, providing contemporary philosophers not only with a set of problems that must be overcome but also with a promising way forward. (shrink)

In diesem Beitrag wird die These vertreten, daß die gegenwärtig herrschende liberal-egalitaristische idealistische Doktrin eine verzerrte Darstellung der liberalen politischen Ethik liefert. Diese idealistisch-theoretische Verzerrung kann erhebliche praktische Konsequenzen haben, insbesondere im Kontext des idealistisch-theoretischen Denkens über die Probleme globaler Gerechtigkeit. Aus einer globalen Perspektive betrachtet sind die idealistisch-theoretischen Verzerrungen der historisch entstandenen liberalen politischen Ethik in zweifacher Hinsicht gegeben. Zum einen überschätzt die liberal-egalitaristische idealistische Doktrin die substanzielle Reichweite der Universalisierungsanforderungen des Kontraktua-lismus. Zum anderen unterschätzt die Doktrin die Bindungen, (...) die liberal teleolo-gische Werte für die Verallgemeinbarkeit bedeuten. Der vorliegende Beitrag unterscheidet zwischen einer deontologischen und einer teleologischen Richtung innerhalb der idealistischen Doktrin. Außerdem werden die historisch erzeugten begrifflichen und substanziellen Bindungen innerhalb jeder der beiden Richtungen benannt, und es wird die These vertreten, daß global denkende liberale Egalitaristen diesen Bindungen ausweichen, a) indem sie die kontraktu-alistische Deontologie mit einer Naturrechts-Deontologie vermengen und b), indem sie die historische materialistische Konzeption eines aus liberaler Perspektive guten Lebens durch eine nicht-materialistische idealistisch-theoretische Variante ersetzen. Der Beitrag schließt mit der Frage, ob solche idealistisch-theoretischen Verzerrungen nicht möglicherweise die Propagierung einer politischen Ethik ermutigen könnten, die zumindest in bestimmter Hinsicht besonders ungeeignet ist, um als ein Modell für das Denken über globale Gerechtigkeit zu dienen. Wenn hier diese Bedenken erhoben werden, so bedeutet das nicht, in Abrede zu stellen, daß eine realistischer konzipierte liberale Ethik durchaus die einzige politisch lebensfähige, für diese Aufgabe verfügbare ist. The paper argues that currently dominant liberal-egalitarian ideal theory offers a distorted account of liberal political morality. These ideal-theoretical distortions may have grave practical consequences especially in the context of ideal-theoretical thinking about issues of global justice. Considered from a global perspective, ideal-theoretical distortions of historically evolved liberal political morality are twofold. First, liberal-egalitarian ideal theory overestimates the substantive reach of contractarianism"s universalisability requirements. Second, it underestimates the constraints upon universalisability imposed by liberal teleological values. The paper distinguishes between a deontological and a teleological strand within ideal theory. It specifies some of the historically engendered conceptual and substantive constraints within each strand and argues that global liberal-egalitarians evade these constraints a.) by conflating contractualist deontology with natural law deontology, and b.) by substituting the historically materialistic conception of the liberal good life with a non-materialistic ideal-theoretical variant. The paper concludes by asking whether such ideal theoretical distortions may not encourage the recommendation of a political morality that is at least in certain respect particularly ill-suited to serve as a model for thinking about global justice. Raising these worries is not to deny, however, that a more realistically conceived liberal morality may well be the only politically viable alternative available to this task. (shrink)

Do citizens of any modern state have a general duty to acknowledge its authority to determine for them, for action guiding purposes, whether certain kinds of conduct are morally permissible, required, or forbidden? That is, is there a duty to obey the law? Moral Contractualism, I contend, entails that citizens of a liberal democratic state have such a duty. ;Treating others morally often requires agents to act collectively, but even agents who accept the moral necessity of collective action will sometimes (...) disagree over the specification of the ends to be achieved, and the means for doing so. I argue that a liberal democratic state can justifiably claim the authority to resolve such disagreements, which it does mainly by enacting and applying laws. Obedience to democratic laws expresses respect for others' autonomy. ;In defending these claims, particular attention is paid to the problem posed by disagreement over the design of democratic decision procedures, conflicts between democratically enacted laws and individual rights, and conflicts of rights. Civil disobedience, conscientious objection, and over-inclusive laws are also addressed. (shrink)

Following extended periods of conflict or repression, political reconciliation is indispensable to the establishment or restoration of democratic relationships and critical to the pursuit of peacemaking globally. In this book, Colleen Murphy offers an innovative analysis of the moral problems plaguing political relationships under the strain of civil conflict and repression. Focusing on the unique moral damage that attends the deterioration of political relationships, Murphy identifies the precise kinds of repair and transformation that processes of political reconciliation ought to promote. (...) Building on this analysis, she proposes a normative model of political relationships. A Moral Theory of Political Reconciliation delivers an original account of the failure and restoration of political relationships, which will be of interest to philosophers, social scientists, legal scholars, policy analysts, and all those who are interested in transitional justice, global politics, and democracy. (shrink)

What is the moral law and what role does it and should it play in political theory and political practice? In this entry we will try to answer these important questions by first examining what the moral law is, before investigating the different ways in which the relationship between morality and politics can be conceptualized.

Should we conceive of corporations as entities to which moral responsibility can be attributed? This contribution presents what we will call a political account of corporate moral responsibility. We argue that in modern, liberal democratic societies, there is an underlying political need to attribute greater levels of moral responsibility to corporations. Corporate moral responsibility is essential to the maintenance of social coordination that both advances social welfare and protects citizens' moral entitlements. This political account posits a special capacity of self-governance (...) that corporations can intelligibly be said to possess. Corporations can be said to be "administrators of duty" in that they can voluntarily incorporate moral principles into their decision-making processes about how to conduct business. This account supplements and partly transforms earlier pragmatic accounts of corporate moral responsibility by disentangling responsibility from its conventional linkages with accountability, blame and punishment. It thereby represents a distinctive way to defend corporate moral responsibility and shows how Kantian thinking can be helpful in disentangling the problems surrounding the concept. (shrink)

This paper examines the apparently widespread belief that the democratic pedigree of a state implies a moral obligation to obey its laws. The analysis focuses on the work of Ronald Dworkin, who is, perhaps surprisingly, alone among theorists of democracy in claiming that those whom the law addresses are morally bound to obey it whenever it is democratic. From Dworkin’s expansive conception of democracy, political obligation follows. But democracy should not be construed so widely. Rather, it ought to be conceived (...) more narrowly, such that, as other theorists concede, it cannot be more than part of a case for a moral obligation to obey the law. Hence, belief in the sufficiency of democracy for political obligation, notwithstanding its ostensible popularity, has yet to be justified. (shrink)

_Moral Politics_ takes a fresh look at how we think and talk about political and moral ideas. George Lakoff analyzed recent political discussion to find that the family—especially the ideal family—is the most powerful metaphor in politics today. Revealing how family-based moral values determine views on diverse issues as crime, gun control, taxation, social programs, and the environment, George Lakoff looks at how conservatives and liberals link morality to politics through the concept of family and how these ideals diverge. Arguing (...) that conservatives have exploited the connection between morality, the family, and politics, while liberals have failed to recognized it, Lakoff explains why conservative moral position has not been effectively challenged. A wake up call to political pundits on both the left and the right, this work redefines how Americans think and talk about politics. (shrink)

This is a collection of classics in moral and political philosophy containing only public domain and fair-use material. The primary role of this collection is to provide instructors, students, and researchers with a set of free materials. It unites in chronological order the most indispensible historical texts for an introduction to value theory, broadly construed. As such, the collection includes foundational works in intrinsic value theory, practical reason, normative ethics, metaethics, political theory, and political economy. It encompasses the most perennial (...) topics in political philosophy such as justifications of the right to rule (governmental authority, political legitimacy) and the duty to obey (political obligation), competing conceptions of human nature, the significance of individual liberty, the point of equality, assessments of private and common property systems, and the nature of a just distribution of goods. (shrink)

Human rights have a rich life in the world around us. Political rhetoric pays tribute to them, or scorns them. Citizens and activists strive for them. The law enshrines them. And they live inside us too. For many of us, human rights form part of how we understand the world and what must (or must not) be done within it. -/- The ubiquity of human rights raises questions for the philosopher. If we want to understand these rights, where do we (...) look? As a set of moral norms, it is tempting to think they can be grasped strictly from the armchair, say, by appeal to moral intuition. But what, if anything, can that kind of inquiry tell us about the human rights of contemporary politics, law, and civil society — that is, human rights as we ordinarily know them? -/- This volume brings together a distinguished, interdisciplinary group of scholars to address philosophical questions raised by the many facets of human rights: moral, legal, political, and historical. Its original chapters, each accompanied by a critical commentary, explore topics including: the purpose and methods of a philosophical theory of human rights; the "Orthodox-Political" debate; the relevance of history to philosophy; the relationship between human rights morality and law; and the value of political critiques of human rights. (shrink)

What is law, and why does it matter? Scott Hershovitz says that law is a moral practice-a tool for adjusting our moral relations. This claim is simple on its face, but it has stark implications for the rule of law. At once erudite and entertaining, Hershovitz's argument engages with the most important legal and political controversies of our time.

R. M. Hare, one of the most widely discussed of today's moral philosophers, presents a selection of essays in which he brings ethical theory lucidly to bear on moral problems arising in politics. He examines our obligation to obey the law; the limits of legitimate lawbreaking, civil violence, and war; rights of various sorts and their supposed conflict with utility; justice, distributive and retributive; and care of the environment.

This chapter contains sections titled: Practical? Moral? The Moral Alternative Punishing Immorality Morality Regardless What About the Children? Getting Tough Moral Arguments for Prohibition Moral Arguments Against Prohibition Proportionality of Punishment.

I am writing on moral knowledge in Locke's Essay Concerning Human Understanding. There are two basic parts. In the first part, I articulate and attack a predominant interpretation of the Essay . This interpretation attributes to Locke the view that he did not write in the Essay anything that would be inconsistent with his early views in the Questions Concerning the Laws of Nature that there exists a single, ultimate, moral standard, i.e., the Law of Nature. For example, John Colman, (...) in his book John Locke's Moral Philosophy , argues that even though Locke explains in the Essay that we arbitrarily create our moral notions, they are still objective since they are bound together with the Law of Nature. Colman explains that the features of human nature relevant to the derivation of the Law of Nature are universally shared needs and concerns . I argue that this presupposes a view of Locke which assumes that there are essences of species independent of our beliefs about them. However, I attempt to show from the text of the Essay that this view cannot be supported. ;In the second part, I argue that the text of the Essay supports two alternative theses. The first is that given the kind of metaphysical world-view presupposed by the corpuscular method of science employed within the Essay, coupled with Locke's commitment to the possibility of moral knowledge, he was left with only one option with reference to ethics, viz., to make moral goodness or evil a mind-dependent relation between a rule and an action, instead of a property of an action or person which exists independently of our moral beliefs. This view is logically inconsistent with the existence of the Law of Nature. The second is that Locke has a semantical view of moral claims which is consistent with his relational view of moral goodness, viz., the primary function of moral judgments is to recommend behavior for ourselves and others. I described. However, Locke explains in the Essay that the opposite takes place with respect to our moral notions: events and persons must conform to the moral notion. ;On the account that I offer, Locke's views on moral epistemology are much closer to David Hume's than many have supposed, and correspondingly, anticipate the more skeptical views of moral epistemology in the twentieth century. (shrink)

Calling Citizens to a Moral Way of Life: A Dutch Example of Moralized Politics This article offers a sociological analysis of the moral revisions that accompany welfare state reforms in the Netherlands. It is argued that Dutch welfare state reforms after the Cold War rely on moral discourses in particular and moral language in general to legitimize and effectuate policy measures. The Dutch reformers have been pursuing a set of strategies of moralization designed to adjust the Dutch welfare state to (...) the new, post-Cold War situation, in which social policies are redesigned to support the operation of global markets. This article seeks to show how this "moral revision" has been taking place by consulting data sources provided by Dutch media, policy documents, council reports, advices, speeches, and newspaper interviews. This implies that special attention is paid to the rhetoric, language, tones, symbolism, metaphors and moral images used and propagated by moral revisionists, elites and media, their definitions of the prevailing moral situation and of the desired one, their formulation of desired values and norms and the ways in which moral panics are aroused. Three recent Dutch policy innovations, namely the national debate on norms and values, the Charter Responsible Citizenship and the family policy memorandum, are interpreted as political strategies to re-engineer the new morality that can sustain a reformed state. (shrink)

I critically discuss respects in which conceptions of community have featured in African moral-political philosophy over the past 40 years or so. Some of the discussion is in the vein of intellectual history, recounting key theoretical moves for those unfamiliar with the field. However, my discussion is also opinionated, noting prima facie weaknesses with certain positions and presenting others as more promising, particularly relative to prominent Western competitors. There are a variety of forms that African communitarianism has taken and could (...) take in respect of moral status, good character, and just policy, and my aims include arguing that some are more plausible than others and should give more individualist thinkers in Euro-American traditions pause. (shrink)

Journalists in many Afiican countries have long been caught between differing ideals i n their relationship between press and government. Two models viefor dominance-the western, libertarian and development journalism models. This article uses Walzer's (1983) theory of distributive justice to illuminate the ethical significance of this debate. A t issue is political power. A case study of the 1996 proposed press law i n Kenya illustrates the ethical arguments mounted for each press model and how the arguments are marshaled not (...) necessarily for moral purposes but to gain political advantage. Finally, a viable third alternative avoids a false dilemma between the libertarian and development journalism models. Communitarianism preserves the independence from government SO central to the libertarian model while providing a basis for activist journalism. (shrink)

Challenges to Legal Theory offers the reader a fascinating journey though a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection of essays, published in Spanish, (...) in honour of Professor José Iturmendi Morales, of Complutense University, Madrid, and brings the rich scholarship of pre-eminent Spanish scholars of law and legal theory to an international audience. (shrink)

Aristotle thought we are by nature political animals, but the state-of-nature tradition sees political society not as natural but as an artifice. For this tradition, political society can usefully be conceived as emerging from a pre-political state of nature by the exercise of innate normative powers. Those powers, together with the rest of our native normative endowment, both make possible the construction of the state, and place sharp limits on the state's just powers and prerogatives. A state-of-nature theory has three (...) components. One is an account of the native normative endowment, or “NNE.” Two is an account of how the state is constructed using the tools included in the NNE. Three is an account of the state's resulting normative endowment, which includes a (purported) moral power to impose duties of obedience. State-of-nature theories disagree about the NNE. For Locke, it included a “natural executive right” to punish wrongdoing. Recent social scientific findings suggest a quite different NNE. Contrary to Locke, people do not behave in experimental settings as one would predict if they possessed a “natural executive right” to punish wrongdoing. Moral reproof is subject to standing norms. These norms limit the range of eligible reprovers. The social science can support two claims. One, is that the NNE is (as Aristotle held) already political. The other is that political authority can be re-conceived as a matter of standing—that is, as the state's unique moral permission coercively to enforce moral norms, rather than as a moral power to impose freestanding duties of obedience. (shrink)

Originally published in 1971 by Winthrop Publishers, Inc., this volume provides a discussion and analysis of the theory of natural law as it appears in contemporary political and social thought. This theory of natural law was used from the fifth century B.C. until the end of the eighteenth century to provide a universal, rational standard to determine the nature and limits of political obligation, the evaluation of competing forms of government, and the relation of law and politics to morals.

"Under what conditions are obedience and disobedience required or justified? To what or whom is obedience or disobedience owed? What are the differences between authority and power and between legitimate and illegitimate government? What is the relationship between having an obligation and having freedom to act? What are the similarities and differences among political, legal, and moral obligations?..." Originally published in 1972, Professor Flathman discusses these crucial issues in political theory in a lucid and stimulating argument. Though mainly concerned to (...) develop his own modified utilitarian standing point he also reviews both the classical and modern literature from Plato and Hobbes to Hare and Rawls. The treatment is philosophical but it is frequently related to practical issues of civil obedience and disobedience and in particular focuses on the relation between law, obligation and social change. (shrink)

This is the second volume of Oxford Studies in Political Philosophy. Since its revival in the 1970s political philosophy has been a vibrant field in philosophy, one that intersects with jurisprudence, normative economics, political theory in political science departments, and just war theory. OSPP aims to publish some of the best contemporary work in political philosophy and these closely related subfields. The papers in this volume address a range of central topics and represent cutting edge work in the field. They (...) are grouped into three main themes: ideal theory, the moral assessment of states, and issues in social reliations. (shrink)

In this latest work by one of our leading political and legal philosophers, Allen Buchanan outlines a novel framework for assessing the system of international human rights law—the system that he takes to be the heart of modern human rights practice. Buchanan does not offer a full justification for the current system, but rather aims “to make a strong prima facie case that the existing system as a whole has what it takes to warrant our support of it on moral (...) grounds, even if some aspects of it are defective and should be the object of serious efforts at improvement”. (shrink)

The aim of this work is to offer the reader a tour through the most significant interpretations of the Prometheus myth, attempting to contribute from their standpoint to the clarification of the relationship between moral law and political law. In especial, it aims to highlight in Prometheus’s attitude something that betrays the presence of a strongly individualized conscience, whose dictates lead him to clash with power in its highest expression. On the other hand, different interpretations of the Greek concept of (...) law are examined, where its highest expression is indebted to the idea of destiny. Based on Law, a common order that connects gods and humans is established, although not with the same degrees of subjection. (shrink)

This outstanding collection of essays explores Hannah Arendt's thought against the background of recent world-political events unfolding since September 11, 2001, and engages in a contentious dialogue with one of the greatest political thinkers of the past century, with the conviction that she remains one of our contemporaries. Themes such as moral and political equality, action and natality, and judgment and freedom are reevaluated with fresh insights by a group of thinkers who are themselves well known for their original contributions (...) to political thought. Other essays focus on novel and little-discussed themes in the literature by highlighting Arendt's views of sovereignty, international law and genocide, nuclear weapons and revolutions, imperialism and Eurocentrism, and her contrasting images of Europe and America. Each essay displays not only superb Arendt scholarship but also stylistic flair and analytical tenacity. (shrink)

The aim of this book is twofold: to explain the reconciliation of religion and politics in the work of John Locke, and to explore the relevance of that reconciliation for politics in our own time. Confronted with deep social divisions over ultimate beliefs, Locke sought to unite society in a single liberal community. Reason could identify divine moral laws that would be acceptable to members of all cultural groups, thereby justifying the authority of government. Greg Forster demonstrates that Locke's theory (...) is liberal and rational but also moral and religious, providing an alternative to the two extremes of religious fanaticism and moral relativism. This account of Locke's thought will appeal to specialists and advanced students across philosophy, political science and religious studies. (shrink)

This is a book about moral reasoning: how we actually reason and how we ought to reason. It defends a form of 'rule' utilitarianism whereby we must sometimes judge and act in moral questions in accordance with generally accepted rules, so long as the existence of those rules is justified by the good they bring about. The author opposes the currently more fashionable view that it is always right for the individual to do that which produces the most good. Among (...) the salient topics covered are: an account of the utilitarian function in society of generally accepted moral rules; a discussion of how we interpret existing moral rules and create new ones; and a defence of 'rule' utilitarianism against the charge that it either commits one to irrational rule worship, or collapses into a form of 'act' utilitarianism. This is a book about moral reasoning: how we actually reason and how we ought to reason. It defends a form of 'rule' utilitarianism whereby we must sometimes judge and act in moral questions in accordance with generally accepted rules, so long as the existence of those rules is justified by the good they bring about. (shrink)

Many climate ethicists maintain that climate policy costs should be borne by those who historically emitted the most greenhouse gases. Some theorists have recently argued, however, that actors only became liable for emitting once the emissions breached legitimate legal regulation governing emissions. This paper challenges this view. Focusing on the climate responsibility of states, it argues that even if we assume that legitimate legal regulation is needed to remove excusable ignorance of entitlements to emit or is constitutive of such entitlements, (...) it does not follow that states should be exonerated from responsibility for all pre-legal emitting. This is because the pre-legal emissions may have violated moral duties not to behave recklessly and to promote the emergence of the relevant regulation. The paper closes by noting how grounding liability for emitting in such duties complicates the link between past emissions and liability. (shrink)

This article analyzes the rise of contemporary neo-macho discourse in South Korea and its dissemination on online platforms of great accessibility for Korean and Asian youth in general. More specifically, it focuses on the discourse of the leader of 신 남성연대 in a long 40-minute interview published on one of the most impactful YouTube channels for Asian youth. In 2021, their demands focused, among other issues, on the need to end the Ministry of Gender Equality and Family of South Korea, (...) a struggle that was reflected in the electoral campaign of the candidates for the presidency in 2022, even reaching the political position of the progressive candidate who was also against said Ministry, despite having been conceived by his own party and having operated for five years. (shrink)

Linguistic justice is about institutions distributing material and symbolic resources fairly when they are faced with linguistic diversity. However, no theory of linguistic justice has developed a systematic and comprehensive account of the moral dilemmas that take place in interpersonal linguistic relationships, in particular the power dynamics leading to (linguistic) domination. The aim of this article is to start building a general theory of linguistic domination, one that offers new conceptual tools for both empirical and normative analyses of linguistically diverse (...) societies. Using the republican tradition of thought, I argue that there is linguistic domination whenever someone is subject to the uncontrolled capacity for interference over their linguistic uses, ideology and acquisition by another agent. This article tests under what conditions this phenomenon takes place and the parties involved in it (both in terms of individuals and political institutions). (shrink)

Political legitimacy is a virtue of political institutions and of the decisions—about laws, policies, and candidates for political office—made within them. This entry will survey the main answers that have been given to the following questions. First, how should legitimacy be defined? Is it primarily a descriptive or a normative concept? If legitimacy is understood normatively, what does it entail? Some associate legitimacy with the justification of coercive power and with the creation of political authority. Others associate it with the (...) justification, or at least the sanctioning, of existing political authority. Authority stands for a right to rule—a right to issue commands and, possibly, to enforce these commands using coercive power. An additional question is whether legitimate political authority is understood to entail political obligations or not. Most people probably think it does. But some think that the moral obligation to obey political authority can be separated from an account of legitimate authority, or at least that such obligations arise only if further conditions hold. (shrink)

In a recent article, Shaw contrasts his own supposed good behaviour, as that of a self-proclaimed “social distance warrior” with the alleged rude behaviour of one of his relatives, Jack, at social events in the former’s house in Scotland in the early stages of the COVID-19 pandemic. He does so to illustrate and support his claims that it was wrong and rude to fail to comply with the governmental advice regarding social distancing because we had a responsibility “to minimize risk” (...) and not wrong nor rude to challenge and cajole those people who failed to do so. This article shows that his claims are contestable. It suggests that his own behaviour was no better than Jack’s. (shrink)

"To be governed is to be watched,inspected, spied upon, directed, law-driven, numbered, regulated, enrolled, indoctrinated, preached at, controlled, checked, estimated, valued, censured, commanded, by creatures who have neither the right nor the wisdom nor the virtue to do so. To be governed is to be at every operation, at every transaction, noted, registered, counted, taxed, stamped, measured, numbered, assessed, licensed, authorized, admonished, prevented, forbidden, reformed, corrected, punished. It is, under pretext of public utility, and in the name of the general (...) interest, to be placed under contribution, drilled, fleeced, exploited, monopolized, extorted from, squeezed, hoaxed, robbed;then, at the slightest resistance, the first word of complaint, to be repressed, fined, vilified, harassed, hunted down, abused, clubbed, disarmed, sacrificed, sold, betrayed, and, to crown all, mocked, ridiculed, derided, outraged, dishonored. THAT is government;that is its justice;that is it's morality." P.J. Proudhon.. (shrink)

In this book, Westphal offers an original interpretation of Hegel's moral philosophy. Building on his previous study of the role of natural law in Hume's and Kant's accounts of justice, Westphal argues that Hegel developed and justified a robust form of civic republicanism. Westphal identifies, for the first time, the proper genre to which Hegel's Philosophical Outlines of Justice belongs and to which it so prodigiously contributes, which he calls Natural Law Constructivism, an approach developed by Hume, Rousseau, Kant, and (...) Hegel. He brings to bear Hegel's adoption and augmentation of Kant's Critique of rational judgment and justification in all non-formal domains to his moral philosophy in his Outlines. Westphal argues that Hegel's justification for the standards of political legitimacy successfully integrates Rousseau's Independence Requirement into the role of public reason within a constitutional republic. In these regards, Hegel's moral and political principles are progressive not only in principle, but also in practice. Hegel's Civic Republicanism will be of interest to scholars of moral philosophy, social and political philosophy, philosophy of law, Hegel, eighteenth- and nineteenth-century philosophy. (shrink)

It would be difficult to find a major figure in the history of European political thought who would not have attempted to say something about how authority emerges, or is justified and critiqued, in the world beyond the single polity. Quite frequently, that effort would have involved some idea about a legal order, or at least a set of rules or regularities applicable in that world. Thomas Hobbes was neither the first nor the last major thinker who believed that the (...) 'international' realm was characterised by the independence of states existing 'in the state and posture of gladiators', thus apparently denying that legal rules or practices or legal thinking could have much relevance therein. Yet others believed, as Immanuel Kant did, that without a constitutional vocabulary not much that was meaningful could be said about the human pursuit of freedom, and that silence about the latter would not only constitute a moral failure but an intellectual and perhaps political mistake. For a long time, the idiom of natural law claimed to offer a universally valid frame for thinking about the nature of the political, as well as providing authority for lawyers' speculations about the rules and principles governing the conduct of individuals and corporate bodies wherever they might move. The name of the relevant discipline at German universities from the late seventeenth century onwards-ius naturae et gentium, the law of nature and of nations-revealed the full scope of its ambition. That discipline may have died away (although that is a debatable proposition) but any political thinking worth its salt will today (perhaps especially in the twenty-first century) aim to say something about how authority emerges, is maintained or critiqued not only within but also outside the single state. The world of 'nations' or even 'humanity' is established as an important theme of political and legal speculation. (shrink)

In the contemporary western, liberal, constitutional and secularized state, the need is felt for a cohesionconserving force. Human rights and citizenship, assets of Enlightenment and Revolution, prove to be individualizing powers that miss the communitarian inclination of former times. With the rise of violence, crime and other ways of breaking the law the state seems less able to fulfil its role as guardian of assets like freedom and security. The call for a strong state that interferes in people's behavior is (...) often heard nowadays. Is there a way in which the state can promote a certain degree of moral substance without becoming paternalistic or even totalitarian? In this paper it is argued that the political philosophy of John Dewey might provide us with some tools to approach this problem in a refreshing way. (shrink)

Les règles de la justice sont, d'après Friedrich Hayek, l'effet d'un ordre spontané et non de la volonté délibérée des hommes. Cette thèse renvoie à une conception de la règle abstraite et générale dont ce livre montre le lien avec les limites de la raison, l'abstraction constituant, selon Hayek, le moyen pour l'esprit de s'occuper d'une réalité que celui-ci ne peut entièrement comprendre. Une "primauté de l'abstrait" s'applique ainsi non seulement à l'ordre social - guidé par les règles abstraites de (...) la justice, mais également à l'ordre sensoriel, c'est-à-dire à notre perception du monde extérieur et aux dispositions à agir qui en résultent. Comment comprendre le lien entre cette primauté de l'abstrait et le libéralisme de Hayek, en particulier concernant sa conception de la "morale du marché" comme discipline des règles abstraites et son rejet de buts particuliers guidant l'action publique? Enfin, Hayek a-t-il eu raison d'attribuer au philosophe empiriste David Hume une telle conception de l'abstraction?"--Page 4 of cover. (shrink)

All contentious moral issues--from gay marriage to abortion and affirmative action--raise difficult questions about the justification of moral beliefs. How can we be justified in holding on to our own moral beliefs while recognizing that other intelligent people feel quite differently and that many moral beliefs are distorted by self-interest and by corrupt cultures? Even when almost everyone agrees--e.g. that experimental surgery without consent is immoral--can we know that such beliefs are true? If so, how? These profound questions lead to (...) fundamental issues about the nature of morality, language, metaphysics, justification, and knowledge. They also have tremendous practical importance in handling controversial moral questions in health care ethics, politics, law, and education. Sinnott-Armstrong here provides an extensive overview of these difficult subjects, looking at a wide variety of questions, including: Are any moral beliefs true? Are any justified? What is justified belief? The second half of the book explores various moral theories that have grappled with these issues, such as naturalism, normativism, intuitionism, and coherentism, all of which are attempts to answer moral skepticism. Sinnott-Armstrong argues that all these approaches fail to rule out moral nihilism--the view that nothing is really morally wrong or right, bad or good. Then he develops his own novel theory,--"moderate Pyrrhonian moral skepticism"--which concludes that some moral beliefs can be justified out of a modest contrast class but no moral beliefs can be justified out of an extreme contrast class. While explaining this original position and criticizing alternatives, Sinnott-Armstrong provides a wide-ranging survey of the epistemology of moral beliefs. (shrink)

It can be argued that political philosophy begins with the question “What is justice?” raised by Socrates in Plato’s Republic. The debate about justice that takes place in the dialogue leads to two opposing positions: the position represented by Socrates, according to which justice is a universal and timeless moral value that provides the foundation for order in any human society, and the position represented by Thrasymachus, according to which justice is purely conventional and relative to human laws that vary (...) according to times and customs: “nothing else than the interest of the stronger.” This debate, initiated by Plato, continues throughout the history of political thought. Already in the Republic, it inspires additional questions: Do moral values hold in politics? What is human nature? What are the origins and the end of the state? Can a war be just? What are the limits of governmental power? How much liberty should citizens enjoy? Who should rule? What is the best form of government? Answers to these questions, posed in a single work written more than twenty-four centuries ago, have served in one way or another as the basis upon which the main themes of political and international relations theory have developed. This book provides a fresh, historical introduction to Western political philosophy from its beginning in ancient Greece to modern times. It is designed for students of philosophy, politics and international relations, and other fields, individuals taking courses in the history of political thought, and for general readers who have an interest in the subject. It is written simply and candidly, but without sacrificing intellectual depth. This book demonstrates the continuing significance of centuries old political and philosophical debates and problems. Recurring themes include discussions concerning human nature, different views of justice, the origin of government and law, the rise and development of various forms of government, idealism and realism in international relations, the distinction between just and unjust war, and the nature of legitimate sover-eignty. It explores tensions between ancient and modern ideas and presents the history of political thought as a great debate about politics and ethics in which political thinkers of various eras expound on their views in turn. (shrink)

Courts play a key role in deciding on public health controversies, but the legitimacy of judicial intervention remains highly controversial. In this article I suggest that we need to carefully distinguish between different reasons for persistent disagreement in the domain of public health. Adjudicating between public health controversies rooted in factual disagreements allows us to investigate more closely the epistemic capacities of the judicial process. While the critics typically point out the lack of appropriate expertise of judges—in particular with respect (...) to health and public health—we should not move too fast in inferring from this a generalized competence problem. This article offers four reasons for vindicating the importance of judicial intervention in factual disagreements: the relative independence of judges from the political establishment, the judicial commitment to evidence, the specific nature of judicial reasoning and an additional voice for the people in the policy-making process. (shrink)

El presente trabajo investiga las tesis sobre el poder civil de Alonso de la Veracruz que buscan incorporar en la comunidad política española a los habitantes autóctonos del Nuevo Mundo, tesis que suelen relacionarse con F. de Vitoria y el tomismo español, y que últimamente son consideradas parte del republicanismo novohispano elaborado desde la periferia americana. Se busca demostrar que su propósito era aplicar una teoría de derechos naturales, sin que ello implique participación política de los indios americanos. Se analiza (...) la postura del fraile frente a la diversidad cultural y la guerra contra los indios. The paper explores Alonso de la Veracruz's theses on civil power, which sought to integrate the native inhabitants of the New World into the Spanish political community. These theses, which have usually been associated with F. de Vitoria and Spanish Thomism, have recently come to be considered part of a Novohispanic republicanism developed in the American periphery. The article seeks to show that the purpose of such theses was to apply a theory of natural rights that did not entail the political participation of the indigenous population, as well as to analyze Veracruz's position regarding cultural diversity and the war against the indigenous peoples. (shrink)

This article first argues that Spinoza has a unique solution to the contemporary compatibility problem because his philosophy distinguished between an incompatibilist sense of free will and a compatibilist sense of freedom. For this reason, he can be interpreted as arguing for both positions. Secondly, it argues that Spinoza view of responsibility is divorced from his position on both free will and freedom. Rather Spinoza understands responsibility in terms of naturalistic consequences resulting from actions that provide a necessary foundation for (...) law and morals. Finally, it provides a justification for moral responsibility practices without free will based on Spinoza's social and political philosophy. (shrink)

Abstract: Comparative political philosophy can be stimulated by imposing a categorization scheme on possible varieties of political philosophies. This article develops a categorization scheme using four essential features of political philosophies, resulting in twelve archetypal political philosophies. The four essential features selected are a political philosophy's views concerning human nature, the proper function of morality, the best form of society, and the highest responsibility of citizenship. The twelve archetypal political philosophies range from the communal (Rousseau), the democratic (J. S. Mill), (...) the representative (Aristotle), the aristocratic (Plato), and the autocratic (Calvin), along with seven more archetypes: the aloof anarchy, social anarchy, contractarian, progressive, natural law, sage ruler, and tyrannical political forms. A wide variety of Western political philosophers are assigned their places within this categorization scheme to illustrate its utility and comprehensiveness. (shrink)

Berkeley's Passive Obedience presents a fragment of morality. Moral duties are dictated by divine natural laws that the good God gives to all people. This justifies morality but may not motivate right conduct. Only God's commands may properly motivate the agent. Morality guides people from this unhappy world to heaven and has political consequences, especially the citizen's duties of obedience and loyalty to a supreme political authority. Loyalty and obedience to God are virtues that earn eternal happiness. Berkeley is a (...) divine-command theorist who supports a morality focused on a heavenly reward. His moral reflections serve political ends. (shrink)

Kant's argument for ‘man under moral laws’ as the ‘final purpose of creation’, to which all subjective purposiveness in experience must be subordinated, provides the basis for subordinating the teleological interpretation of experience to an account of the necessary commitments of a rational subject. This argument thus grounds the practical employment of teleological judgement. The faculty of teleological judgement may therefore ground judgements through which the metaphysical principles of right may constrain and influence the content of positive law. In addition, (...) Kant's argument for man under moral law as a final purpose of creation constitutes the basis for Kant's otherwise obscure claim, in Perpetual Peace and Conflict of the Faculties, that rational beings are obligated to further the realization of the highest political good. (shrink)

This book is the Studies in G.W.F. Hegel's Philosophy of Right; Hegel's 'elements of the Philosophy of 'right is his last major published statement not only on the philosophy of law but on ethical theory, natural law, social and political theory as well. The studies of Right, Morality, Ethical Life duscuss Hegel's views both historically and systematically, contrubuting to the lively discussions concerning the signifigance of Hegel's view in the present philosophical context. This book is ment for students of Religion/philosophy.