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Social and Behavioral Sciences Commons™
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- Ethics (2)
- Fair play (2)
- Law (2)
- Moral justification (2)
- Punishment (2)
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- Social contract (2)
- Analysis (1)
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Articles 1 - 5 of 5
Full-Text Articles in Social and Behavioral Sciences
Authority, Legitimacy, And The Obligation To Obey The Law, Richard Dagger
Authority, Legitimacy, And The Obligation To Obey The Law, Richard Dagger
Political Science Faculty Publications
According to the standard or traditional account, those who hold political authority legitimately have a right to rule that entails an obligation of obedience on the part of those who are subject to their authority. In recent decades, however, and in part in response to philosophical anarchism, a number of philosophers have challenged the standard account by reconceiving authority in ways that break or weaken the connection between political authority and obligation. This paper argues against these revisionist accounts in two ways: first, by pointing to defects in their conceptions of authority; and second, by sketching a fair-play approach to …
Protecting Future Rights For Future Citizens: Children’S Property Rights In Fragile Environments, Sandra F. Joireman
Protecting Future Rights For Future Citizens: Children’S Property Rights In Fragile Environments, Sandra F. Joireman
Political Science Faculty Publications
The property rights of children is an understudied area that straddles the development/humanitarian divide. Access to assets is important to the livelihood choices and economic well-being of adults. Yet, adults’ ability to claim property can be significantly impaired by humanitarian emergencies that occurred in their youth. We typically do not think of children as economic actors because of their age; their property rights are future rights not yet realized. This paper addresses the future rights to property held by children and examines how fragile environments, characterized by conflict, displacement and disease, can undermine their ability to claim those rights when …
Jurisdiction‐Granting: Legislative Capacity And Ideological Distance, Seth W. Greenfest
Jurisdiction‐Granting: Legislative Capacity And Ideological Distance, Seth W. Greenfest
Political Science Faculty Publications
This paper examines the conditions under which Congress passes jurisdiction-granting legislation, legislation that expands the discretion of the federal district courts by designating them as venues in which policy questions are to be heard. This project extends existing research that has demonstrated that Congress manipulates the parameters of jurisdiction by examining the manner in which Congress routinely engages in this activity. I construct and evaluate a comprehensive dataset of laws in which Congress grants jurisdiction to the district courts for the period between 1949 and 2000 with the goal of explaining conditions under which Congress grants jurisdiction Two explanations are …
Social Contracts, Fair Play, And The Justification Of Punishment, Richard Dagger
Social Contracts, Fair Play, And The Justification Of Punishment, Richard Dagger
Political Science Faculty Publications
In recent years, the counterintuitive claim that criminals consent to their own punishment has been revived by philosophers who attempt to ground the justification of punishment in some version of the social contract. In this paper, I examine three such attempts—“contractarian” essays by Christopher Morris and Claire Finkelstein and an essay by Corey Brettschneider from the rival “contractualist” camp—and I find all three unconvincing. Each attempt is plausible, I argue, but its plausibility derives not from the appeal to a social contract but from considerations of fair play. Rather than look to the social contract for a justification of punishment, …
Play Fair With Punishment, Richard Dagger
Play Fair With Punishment, Richard Dagger
Political Science Faculty Publications
If we want to provide a justification for legal punishment, then, we must answer two distinct questions: (1) What justifies punishment as a social practice? and (2) What justifies punishing particular persons? The principle of fair play is an especially attractive theory of punishment, I shall agree, because it offers plausible and compelling answers to both these questions. I shall also suggest that there is a third question - How should we punish those who commit crimes? - that fair play cannot answer without help from other sources.