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Full-Text Articles in Ethics and Political Philosophy

Republicanism And Crime, Richard Dagger Jan 2009

Republicanism And Crime, Richard Dagger

Political Science Faculty Publications

These are but two of the difficult questions that arise when one examines the claim that crime is a public wrong. I take it, though, that their difficulty is an indication of the importance of thinking through the presuppositions and implications of this conception of crime, not a reason to abandon it. A thorough 'thinking through' is too large and complex a task for this chapter, but it is possible to make a case here for the right way to proceed with such an undertaking. That right way, in my view, is to look to the republican tradition of political …

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Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram Jan 2009

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …

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(Dis)Solving The Chronological Paradox In Customary International Law: A Hartian Approach, David Lefkowitz Jan 2008

(Dis)Solving The Chronological Paradox In Customary International Law: A Hartian Approach, David Lefkowitz

Philosophy Faculty Publications

As traditionally conceived, the creation of a new rule of customary international law requires that states believe the law to already require the conduct specified in the rule. Distinguishing the process whereby a customary rule comes to exist from the process whereby that customary rule becomes law dissolves this chronological paradox. Creation of a customary rule requires only that states come to believe that there exists a normative standard to which they ought to adhere, not that this standard is law. What makes the customary rule law is adherence by officials in the international legal system to a rule of …

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On The Foundation Of Rights To Political Self-Determination: Secession, Non-Intervention, And Democratic Governance, David Lefkowitz Jan 2008

On The Foundation Of Rights To Political Self-Determination: Secession, Non-Intervention, And Democratic Governance, David Lefkowitz

Philosophy Faculty Publications

From a justificatory standpoint, perhaps the most basic question with respect to secession is what, if anything, provides the moral foundation for a group’s right to secede. My aim here is to make a start to answering this question. I do so, however, by considering a different, albeit closely related, question, namely what is the nature of the wrong done to members of a qualified group denied secession by the state that currently rules them? A compelling answer to this latter question, I suggest, will contribute significantly to a satisfactory answer of the former one.

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Simmons’ Critique Of Natural Duty Approaches To The Duty To Obey The Law, David Lefkowitz Oct 2007

Simmons’ Critique Of Natural Duty Approaches To The Duty To Obey The Law, David Lefkowitz

Philosophy Faculty Publications

In his most recent book on the moral duty to obey the law, A. John Simmons considers and rejects a number of natural duty approaches to justifying political authority. Among the targets of Simmons’ criticism is the account defended by the book’s co-author, Christopher Heath Wellman. In this essay, I evaluate the force of Simmons’ objections to Wellman’s account of political obligation. As will become clear below, I think Wellman’s defense of the duty to obey the law defective in certain ways—but not in all of the ways that Simmons argues it is. By rebutting some of Simmons’ criticisms and …

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A Theory Of Political Obligation: Membership, Commitment, And The Bonds Of Society By Margaret Gilbert (Book Review), David Lefkowitz Jun 2007

A Theory Of Political Obligation: Membership, Commitment, And The Bonds Of Society By Margaret Gilbert (Book Review), David Lefkowitz

Philosophy Faculty Publications

Does membership in a political society, in and of itself, involve obligations to uphold that society’s political institutions? Margaret Gilbert offers a novel argument in defense of an affirmative answer to this question, which she labels the membership problem. Given a plausible construal of the concepts obligation, political society, and membership in a political society, Gilbert argues that it follows analytically that to be a member of a political society just is to have an obligation to uphold and support that society’s political institutions. The key to Gilbert’s argument is the idea of a joint commitment; those …

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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 …

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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 …

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Race And Place: Social Space In The Production Of Human Kinds, Ronald Sundstrom Jan 2006

Race And Place: Social Space In The Production Of Human Kinds, Ronald Sundstrom

Philosophy

Recent discussions of human categories have suffered from an over emphasis on intention and language, and have not paid enough attention to the role of material conditions, and, specifically, of social space in the construction of human categories. The relationship between human categories and social spaces is vital, especially with the categories of class, race, and gender. This paper argues that social space is not merely the consequent of the division of the world into social categories; it is constitutive of social categories. To put it more bluntly, if who we are is bound up with place, then not only …

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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 …

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Foucault And Habermas, David Ingram Jan 2005

Foucault And Habermas, David Ingram

Philosophy: Faculty Publications and Other Works

The article is a comprehensive comparison of Foucault and Habermas which focuses on their distinctive styles of critical theory. The article maintains that Foucault's virtue ethical understanding of aesthetic self-realization as a form of resistance to normalizing practices provides counterpoint to Habermas's more juridical approach to institutional justice and the critique of ideology. The article contains an extensive discussion of their respective treatments of speech action, both strategic and communicative, and concludes by addressing Foucault's understanding of parrhesia as a non-discursive form of truth-telling.

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Politics, Rights, And The Refugee Problem, Richard Dagger Jan 2005

Politics, Rights, And The Refugee Problem, Richard Dagger

Political Science Faculty Publications

In The Origins of Totalitarianism, the political philosopher Hannah Arendt pointed to the years between World War I and World War II as the time when the plight of refugees became a pressing political problem.' If Arendt were still alive (she died in 1975), she would no doubt agree that the problem is at least as pressing in the early twenty-first century as it was sixty or more years ago, when she herself was a refugee from Nazi Germany. Who would not agree? According to a report of the U.N. Population Division, 16 million people were refugees at the …

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Autonomy, Domination, And The Republican Challenge To Liberalism, Richard Dagger Jan 2005

Autonomy, Domination, And The Republican Challenge To Liberalism, Richard Dagger

Political Science Faculty Publications

Like Sunstein and other advocates of 'republican' or 'civic' liberalism, I believe that it is historically unsound and politically unwise to insist on a sharp distinction between liberalism and republicanism. Others disagree, however, and there is much to be learned from their position even if, ultimately, we should not adopt it. Those who take this more radical neo-republican view advance two main lines of argument: first, that the liberal emphasis on neutrality and procedural fairness is fundamentally at odds with the republican commitment to promoting civic virtue; and, second, that republicans and liberals conceive of liberty or freedom in incompatible …

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Trust (And Social Capital) In Cultural Theory, Marco Verweij Jan 2005

Trust (And Social Capital) In Cultural Theory, Marco Verweij

Research Collection School of Social Sciences

No abstract provided.

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The Case For Open Immigration, Chandran Kukathas Jan 2004

The Case For Open Immigration, Chandran Kukathas

Research Collection School of Social Sciences

People favor or are opposed to immigration for a variety of reasons. It is therefore difficult to tie views about immigration to ideological positions. While it seems obviousthat political conservatives are the most unlikely to defend freedom of movement,and that socialists and liberals (classical and modern) are very likely to favor more openborders, in reality wariness (if not outright hostility) to immigration can be foundamong all groups. Even libertarian anarchists have advanced reasons to restrict themovement of peoples.

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Nationalism And Multiculturalism, Chandran Kukathas Jan 2004

Nationalism And Multiculturalism, Chandran Kukathas

Research Collection School of Social Sciences

If any issue dominates contemporary political theory, it is how to deal with cultural diversity and the claims –moral, legal, and political – made in the name of ethnic, religious, linguistic, or national allegiance (Kymlicka,2001: 17). Today, governments are confronted by demands from cultural minorities for recognition, protection,preferential treatment, and political autonomy within the boundaries of the state. Equally, international societyand its political institutions, as well as states themselves, have had to deal with demands from various peoplesfor political recognition as independent nations, and for national self-determination. The turbulent politics ofthe contemporary world may account in part for this development: …

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La Repubblica Di Sandel E L'Lo Incarnato, Richard Dagger Jan 2002

La Repubblica Di Sandel E L'Lo Incarnato, Richard Dagger

Political Science Faculty Publications

Quelli che vogliono conoscere cio per cui Sandel parteggia e cio contro cui combatte, quindi, hanno una buona ragione per dare il benvenuto a Democracy's Discontent. Se credono che la politica americana trarrebbe profitto da una corroborante (per non dire generosa) dose di repubblicanesimo, troveranno anche molte cose salutari nel libro. Come uno che si considera dentro entrambi questi gruppi, io credo che Sandel sia stato saggio a prendere una qualche distanza dal comunitarismo, e ancora piu saggio a sottoscrivere l'enfasi repubblicana sulla formazione dei cittadini e la coltivazione delle virtU civiche. Ma sbaglia nel continuare a opporsi al …

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Aristotle In Chicago, Joseph P. Tomain Dec 2001

Aristotle In Chicago, Joseph P. Tomain

Journal of Legal Education

No abstract provided.

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Comment On Benhabib's "Dismantling The Leviathan": A Republican-Liberai Perspective, Richard Dagger Jul 2001

Comment On Benhabib's "Dismantling The Leviathan": A Republican-Liberai Perspective, Richard Dagger

Political Science Faculty Publications

Those who think of themselves as republican or civic liberals, as I do, will surely be of two minds about Seyla Benhabib's "Dismantling the Leviathan: Citizen and State in a Global World" [Spring 2001 ]. In some respects, Professor Benhabib' s thoughtful essay is quite congenial to republican liberalism. She insists on the importance of human rights, for instance, and she looks for ways to expand political participation. Her indictment of "civic republicanism," however, requires a republican-liberal response.

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Ideologies That Kill: One Way In, No Way Out, Ibpp Editor Dec 2000

Ideologies That Kill: One Way In, No Way Out, Ibpp Editor

International Bulletin of Political Psychology

This article describes the phenomenon of ideology as an ineluctable trap from which there is no detour and no escape.

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Back To The F Scale: Milosevic As Authoritarian, Ibpp Editor Oct 2000

Back To The F Scale: Milosevic As Authoritarian, Ibpp Editor

International Bulletin of Political Psychology

This article describes the "fit" of Slobodan Milosevic's personality with the classic construct of the authoritarian as conceptualized by the initial form of the F Scale.

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Wanted: New Methodologies For Peace, Ibpp Editor Jul 2000

Wanted: New Methodologies For Peace, Ibpp Editor

International Bulletin of Political Psychology

This article describes problems with common methodological approaches to developing knowledge that will prevent war and attain peace.

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The Sandelian Republic And The Encumbered Self, Richard Dagger Apr 1999

The Sandelian Republic And The Encumbered Self, Richard Dagger

Political Science Faculty Publications

In Democracy's Discontent, Michael Sandel argues for a revival of the republican tradition in order to counteract the pernicious effects of contemporary liberalism. As in his earlier work, Sandel charges that liberals who embrace the ideals of political neutrality and the unencumbered self are engaged in a selfsubverting enterprise, for no society that lives by these ideals can sustain itself. Sandel is right to endorse the republican emphasis on forming citizens and cultivating civic virtues. By opposing liberalism as vigorously as he does, however, he engages in a self-subverting enterprise of his own. That is, Sandel is in danger …

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Theory And Practice In The Career Of Fernando Henrique Cardoso: Part Iii, Ibpp Editor Jul 1997

Theory And Practice In The Career Of Fernando Henrique Cardoso: Part Iii, Ibpp Editor

International Bulletin of Political Psychology

This is the third and final installment of an article which provides an analysis of an individual accomplished as a scholar of politics (through sociology) and a formal politician. The author is Dr. Ted Goertzel of Rutgers University. He can be reached at [email protected].

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Theory And Practice In The Career Of Fernando Henrique Cardoso: Part Ii, Ibpp Editor Jul 1997

Theory And Practice In The Career Of Fernando Henrique Cardoso: Part Ii, Ibpp Editor

International Bulletin of Political Psychology

This is the second installment of an analysis of a man who was both a scholar of politics and the political leader of his country. (See IBPP, Vol. 2, No. 10.) The article was written by Dr. Ted Goertzel of Rutgers University. Dr. Goertzel can be reached at [email protected].

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Theory And Practice In The Career Of Fernando Henrique Cardoso: Part I, Ibpp Editor Jul 1997

Theory And Practice In The Career Of Fernando Henrique Cardoso: Part I, Ibpp Editor

International Bulletin of Political Psychology

Political psychologists often contemplate the significance of their research--theoretical, empirical--for the practice of politics. Too often, seemingly valuable research is ignored, discounted, misperceived, and misapplied by political practitioners. Yet occasionally researchers practice politics as well--not just the politics of everyday life--but the formal politics of local, regional, national, and international entities. In the United States, Woodrow Wilson, Eugene McCarthy, and even Newt Gingrich come immediately to mind. What will be the interaction of research and practice when both are developed and implemented by the same individual? Dr. Ted Goertzel of Rutgers University has written the following article concerning another researcher-practitioner--Fernando …

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The State, Civil Society, And Citizenship, Richard Dagger Jul 1993

The State, Civil Society, And Citizenship, Richard Dagger

Political Science Faculty Publications

In large, modern societies, then, we should make the most of "partial societies" by encouraging the development of a vital civil society--a sphere of life that promotes freedom through private activity and the voluntary associations that serve as a buffer between individuals and the state. Indeed, the question is not whether civil society is a prerequisite for a good society, but what form it should take. With this in mind, I want to offer three observations about the proper form of civil society.

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Play Fair With Punishment, Richard Dagger Apr 1993

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.

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The "L-Word": A Short History Of Liberalism, Terence Ball, Richard Dagger Jan 1990

The "L-Word": A Short History Of Liberalism, Terence Ball, Richard Dagger

Political Science Faculty Publications

Hence the question: Are these good or bad times for liberalism? To answer, we shall need a broader perspective than a survey of contemporary developments can provide. We shall need to look back, that is, to see what liberalism was in order to understand what it has become. Only then can we assess its current condition and prospects-and appreciate how politics in the United States is largely an intramural debate between different wings of liberalism.

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John Dewey's Ideas About The Great Depression, Edward J. Bordeau Jan 1971

John Dewey's Ideas About The Great Depression, Edward J. Bordeau

Philosophy, Theology and Religious Studies Faculty Publications

Some criticisms that have been directed against John Dewey's political theory reveal a general misunderstanding of his intent. Dewey was quite active in writing, lecturing, and propagandizing during the Depression years. Our primary concern in this article is the role he played in the efforts of the League for Independent Political Action to sponsor a third party from 1928 until the collapse of this project in 1936. Concurrent with this movement is Dewey's work with the People's Lobby in advocating social welfare programs to meet the crises generated by the Depression.

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