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Articles 1 - 3 of 3
Full-Text Articles in Philosophy
The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram
The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram
Philosophy: Faculty Publications and Other Works
Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as …
Collective Responsibility By Agreement, David Atenasio
Collective Responsibility By Agreement, David Atenasio
Dissertations
It is often challenging to fairly distribute responsibility for harms that result from collective wrongdoing. Few object to blaming an agent for making a contribution to wrongdoing, but it is far more controversial to attribute fault to one agent for the contributions made by other participants in collective wrongdoing. I argue that we ought to distribute co-responsibility for collective wrongdoing only to those who authorize the offending actions, whether expressly or tacitly. By authorizing another to carry out wrongdoing on one's behalf, one becomes to blame for the unjustified harm caused by one's agent or agents. In this dissertation, I …
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Philosophy: Faculty Publications and Other Works
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …