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Full-Text Articles in Social and Behavioral Sciences

The Duty To Obey The Law, David Lefkowitz Nov 2006

The Duty To Obey The Law, David Lefkowitz

Philosophy Faculty Publications

Under what conditions, if any, do those the law addresses have a moral duty or obligation to obey it simply because it is the law? In this essay, I identify five general approaches to carrying out this task, and offer a somewhat detailed discussion of one or two examples of each approach. The approaches studied are: relational-role approaches that appeal to the fact that an agent occupies the role of member in the political community; attempts to ground the duty to obey the law in individual consent or fair play; natural duty approaches; instrumental approaches; and philosophical anarchism, an approach …


On Moral Arguments Against A Legal Right To Unilateral Humanitarian Intervention, David Lefkowitz Apr 2006

On Moral Arguments Against A Legal Right To Unilateral Humanitarian Intervention, David Lefkowitz

Philosophy Faculty Publications

As the international response to recent events in Darfur demonstrates, the restriction of authority to intervene to the United Nations poses the greater legal barrier to intervention. From a practical perspective, then, the more pressing question may be whether international law ought to be modified to permit states, or multi-state organizations, to carry out unilateral humanitarian interventions; that is, interventions that are not authorized by the United Nations. The issue here is essentially a moral one: would the incorporation of a right to unilateral humanitarian intervention entail a moral improvement to international law – for example, a decrease in the …


[Introduction To] America And Enlightenment Constitutionalism, Gary L. Mcdowell, Johnathan O'Neill Jan 2006

[Introduction To] America And Enlightenment Constitutionalism, Gary L. Mcdowell, Johnathan O'Neill

Bookshelf

America and Enlightenment Constitutionalism shows in detail the Enlightenment origin of the U.S. Constitution. It provides vivid analysis of how the Enlightenment's basic ideas were reformulated in the context of America. It is particularly successful in bringing out the competing strains of Enlightenment thought and of articulating crucial Enlightenment concepts of public opinion, equality, public reason, legislature and judiciary, revolution, law, and the people in their American context. The collection is timely given contemporary debates between republicans and liberals about constitutional interpretation which are addressed throughout.


Freedom And Rights, Richard Dagger Jan 2006

Freedom And Rights, Richard Dagger

Political Science Faculty Publications

Liberalism, of course, is quite a capacious theory, with room for liberals to debate quite vigorously among themselves, as well as with others, the meaning and significance of freedom, rights and other concepts. It is also capacious enough to allow for a rethinking of these concepts at a time of pressing environmental problems. Such a rethmking, I shall argue, should lead us to conceive of freedom and rights less as barriers or shields that protect individuals against interference - as forms of independence - and more as matters of organic growth and connection, or interdependence. Indeed, we must conceive …


Utilitarianism And Beyond: Contemporary Analytical Political Theory, David Miller, Richard Dagger Jan 2006

Utilitarianism And Beyond: Contemporary Analytical Political Theory, David Miller, Richard Dagger

Political Science Faculty Publications

In this chapter we sketch a body of political thought that became predominant in the second half of the twentieth century among academic political philosophers, primarily in the English-speaking world, but increasingly elsewhere, too. To call this type of political thought ‘analytical’ may not be particularly revealing, but no other term better describes the movement in question. Sometimes ‘liberal political theory’ is used, and there is indeed a close connection between analytical theory and liberalism. But that label is in one way too broad and in another too narrow for this kind of political thinking: too broad because liberalism has …