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In Defense Of Penalizing (But Not Punishing) Civil Disobedience, David Lefkowitz
In Defense Of Penalizing (But Not Punishing) Civil Disobedience, David Lefkowitz
Philosophy Faculty Publications
While many contemporary political philosophers agree that citizens of a legitimate state enjoy a moral right to civil disobedience, they differ over both the grounds of that right and its content. This essay defends the view that the moral right to civil disobedience derives from (or is a facet of) a general right to political participation, and the characterization of that right as precluding the state from punishing, but not from penalizing, those who exercise it. The argument proceeds by way of rebuttals to criticisms of both claims recently advanced by Kimberley Brownlee. While in some cases those criticisms fail …
What Makes A Social Order Primitive? In Defense Of Hart’S Take On International Law, David Lefkowitz
What Makes A Social Order Primitive? In Defense Of Hart’S Take On International Law, David Lefkowitz
Philosophy Faculty Publications
The widespread antipathy to Hart's description of international law as a simple or primitive social order, one that lacks a rule of recognition and therefore does not qualify as a legal system, rests on two misunderstandings. First, the absence of a division of labor in identifying, altering, applying, and enforcing law is as much, if not more, central to Hart's understanding of what makes a society primitive as is the absence of any secondary rules at all. Second, it is primarily in terms of the presence of such a division of labor and the implications it has for the ontology …