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Liberalism without Perfection

Jonathan Quong

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199594870
eISBN:
9780191723513
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199594870.001.0001
Subject:
Political Science, Comparative Politics, Political Theory

A growing number of political philosophers favour a view called liberal perfectionism. According to this view, liberal political morality is characterized by a commitment to helping individuals lead ... More


Legal Rights

Pavlos Eleftheriadis

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199545285
eISBN:
9780191719899
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199545285.001.0001
Subject:
Law, Philosophy of Law

How can there be rights in law? We learn from moral philosophy that rights protect persons in a special way because they have peremptory force. But how can this aspect of practical reason be captured ... More


Objections to Actual Contract Theory

Margaret Gilbert

in A Theory of Political Obligation: Membership, Commitment, and the Bonds of Society

Published in print:
2006
Published Online:
September 2006
ISBN:
9780199274956
eISBN:
9780191603976
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199274959.003.0005
Subject:
Philosophy, Political Philosophy

In spite of its long history and evident appeal, an actual contract theory of political obligation now tends to be rejected. This chapter focuses on two standard objections to the theory, the ... More


Engaging Reason: On the Theory of Value and Action

Joseph Raz

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199248001
eISBN:
9780191598272
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199248001.001.0001
Subject:
Philosophy, Moral Philosophy

The book offers a penetrating examination of a set of fundamental questions about human thought and action. In these essays, Joseph Raz examines the nature of normativity, reason, and the will; the ... More


Against Collective Rights

Yael Tamir

in Multicultural Questions

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198296102
eISBN:
9780191599583
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019829610X.003.0008
Subject:
Political Science, Political Theory

Yael Tamir argues that the notion of collective rights, understood as entitlement bestowed on a group rather than the individuals that make up a group, should be rejected in principle. According to ... More


Perfectionist Arguments for Liberalism

Margaret Moore

in Foundations of Liberalism

Published in print:
1993
Published Online:
November 2003
ISBN:
9780198273851
eISBN:
9780191599934
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198273851.003.0006
Subject:
Political Science, Political Theory

This chapter examines Will Kymlicka's argument in Liberalism, Community and Culture and Joseph Raz's argument in The Morality of Freedom, both of which justify liberal political principles in terms ... More


Rights as Valid Claims

Rex Martin

in A System of Rights

Published in print:
1997
Published Online:
November 2003
ISBN:
9780198292937
eISBN:
9780191599811
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198292937.003.0004
Subject:
Political Science, Political Theory

No real consensus has emerged on whether rights, in order to be rights, require social recognition (and beyond that, social maintenance). In considering this issue one school of thought—embracing ... More


“MISTRESSES OF THEIR OWN DESTINY”: GROUP RIGHTS, GENDER, AND REALISTIC RIGHTS OF EXIT

Susan Moller Okin

in Citizenship and Education in Liberal-Democratic Societies: Teaching for Cosmopolitan Values and Collective Identities

Published in print:
2003
Published Online:
January 2005
ISBN:
9780199253661
eISBN:
9780191601972
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199253668.003.0013
Subject:
Political Science, Political Theory

The essays in Part III of the book, on liberal constraints and traditionalist education, argue for a more regulatory conception of liberal education and emphasize the need for some controls over ... More


In Defense of Legal Positivism: Law Without Trimmings

Matthew H. Kramer

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264834
eISBN:
9780191705229
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264834.001.0001
Subject:
Law, Philosophy of Law

As an uncompromising defense of legal positivism, this book insists on the separability of law and morality. After distinguishing among three main dimensions of morality, the book explores a variety ... More


Rights, Culture and the Law: Themes from the Legal and Political Philosophy of Joseph Raz

Lukas H. Meyer, Stanley L. Paulson, and Thomas W. Pogge (eds)

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199248254
eISBN:
9780191714849
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248254.001.0001
Subject:
Law, Philosophy of Law

This book brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: legal positivism and the nature of law, practical reason, ... More


The Argument from Autonomy

Jonathan Quong

in Liberalism without Perfection

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199594870
eISBN:
9780191723513
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199594870.003.0003
Subject:
Political Science, Comparative Politics, Political Theory

This chapter argues that Joseph Raz's autonomy-based version of the harm principle suffers from two serious problems. First, Raz's argument fails to yield a principled commitment to liberal ... More


Paternalism and Perfectionism

Jonathan Quong

in Liberalism without Perfection

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199594870
eISBN:
9780191723513
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199594870.003.0004
Subject:
Political Science, Comparative Politics, Political Theory

This chapter argues that liberal perfectionism is almost entirely unable to escape the charge of paternalism. This is true because liberal perfectionism has no satisfactory answer to a simple but ... More


Justification and Legitimacy

Jonathan Quong

in Liberalism without Perfection

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199594870
eISBN:
9780191723513
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199594870.003.0005
Subject:
Political Science, Comparative Politics, Political Theory

This chapter argues that liberal perfectionism lacks a convincing account of political legitimacy, that is, an account of how the liberal state gains the moral right to rule. Perfectionists, the ... More


Truth and Scepticism

Jonathan Quong

in Liberalism without Perfection

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199594870
eISBN:
9780191723513
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199594870.003.0009
Subject:
Political Science, Comparative Politics, Political Theory

Liberals usually insist that justice must have priority over other values in our practical deliberations, but this insistence seems to pose particular problems for political liberalism given two of ... More


The hierarchical view of legal system and non-state legality

KEITH CULVER and MICHAEL GIUDICE

in Legality's Borders: An Essay in General Jurisprudence

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195370751
eISBN:
9780199775903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370751.003.002
Subject:
Law, Philosophy of Law

This chapter examines Raz's theory of legal system, which explicitly sets out to overcome difficulties in Hart's account regarding the identity and borders of legal systems by introducing new ... More


Reasons

Maria Alvarez

in Kinds of Reasons: An Essay in the Philosophy of Action

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199550005
eISBN:
9780191720239
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199550005.003.0002
Subject:
Philosophy, Moral Philosophy, Philosophy of Mind

The first chapter prepares the ground, and the conceptual tools, for an exploration of reasons in contexts of human agency, by exploring reasons broadly. It examines the normative and explanatory ... More


The indeterminacy claim continued: Canon 915: “A Doubtful or Hard Case”

John J. Coughlin

in Canon Law: A Comparative Study with Anglo-American Legal Theory

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195372977
eISBN:
9780199871667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372977.003.0008
Subject:
Law, Philosophy of Law

The previous chapter explored the nature of the indeterminacy claim and offered an argument that the application of Canon 915 to Catholic public officials is a central case. Most of the bishops in ... More


An Approach to Human Rights

Carl Wellman

in The Moral Dimensions of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199744787
eISBN:
9780199827138
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744787.003.0001
Subject:
Philosophy, General

This chapter explains how the contemporary idea of human rights developed out of the natural rights tradition. It adopts a natural rights, although not a natural law, approach to human rights in ... More


Aspects, Guises, Species, and Knowing Something to Be Good

Philip Clark

in Desire, Practical Reason, and the Good

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195382440
eISBN:
9780199870158
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195382440.003.0010
Subject:
Philosophy, General

According to the guise of the good thesis, everything wanted is wanted under the aspect of some good. The truth of this thesis is a matter of controversy. But what hangs on this controversy? The ... More


Reasons and Rationality

Jonathan Dancy

in Spheres of Reason: New Essays in the Philosophy of Normativity

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199572939
eISBN:
9780191722165
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572939.003.0004
Subject:
Philosophy, Philosophy of Mind, Metaphysics/Epistemology

Joseph Raz holds that the normativity of everything that is normative consists in some relation to reasons. Testing the view that reasons are normatively basic, this chapter considers whether there ... More


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