A Re-examination of the Notion of Consent and Political Obligation PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download A Re-examination of the Notion of Consent and Political Obligation PDF full book. Access full book title A Re-examination of the Notion of Consent and Political Obligation by Theodore Waldman. Download full books in PDF and EPUB format.
Author: Theodore Waldman
Publisher:
ISBN:
Category : Natural law
Languages : en
Pages : 528
Get Book Here
Book Description
Author: Theodore Waldman
Publisher:
ISBN:
Category : Natural law
Languages : en
Pages : 528
Get Book Here
Book Description
Author: Peter J McCormick
Publisher: Routledge
ISBN: 9780367234720
Category :
Languages : en
Pages : 328
Get Book Here
Book Description
First published in 1987. This study is concerned with the problem of political obligation, the normative question of why one should obey the law, and with social contract thought as an answer to this question. It is entitled a critique, but the critique is not of social contract theory as such, but rather of the "orthodox" treatment of contract that yields so readily to the rough handling and easy rejection that is the normal lot of contractarianism in contemporary treatments. In its place will be suggested a reinterpretation of contract that sees it as making different assumptions and requiring different premises, and that is proof against many of the orthodox refutations of social contract theory; the reinterpretation is thus in the nature of a vindication. First, from an examination of the most commonly cited champions of contractarianism (namely Hobbes, Locke and Rousseau) will be derive a reinterpretation of contract in the form of a new model or syllogism, the features of which will be brought out by contrasting it first with the contemporary ideas of John Rawls and then with the orthodox model itself. Democratic consent theory, as the heir to the remnants of the orthodox model, will be examined, and the ideas of T. H. Green will be considered as embodying an important feature of contractarianism omitted or ignored by the orthodox model (and hence by democratic theory.) Finally, the new model of contract will be suggested as a potentially useful approach to the problem of political obligation in the modern context. This title will be of interest to student of politics and philosophy.
Author: Margaret Gilbert
Publisher: Oxford University Press, USA
ISBN: 0199274959
Category : Law
Languages : en
Pages : 343
Get Book Here
Book Description
Margaret Gilbert offers an incisive new approach to a classic problem of political philosophy: when and why should I do what the laws of my country tell me to do? Beginning with carefully argued accounts of social groups in general and political societies in particular, the author argues that in central, standard senses of the relevant terms membership in a political society in and of itself obligates one to support that society's political institutions. The obligations in questionare not moral requirements derived from general moral principles, as is often supposed, but a matter of one's participation in a special kind of commitment: joint commitment. An agreement is sufficient but not necessary to generate such a commitment. Gilbert uses the phrase 'plural subject' to referto all of those who are jointly committed in some way. She therefore labels the theory offered in this book the plural subject theory of political obligation.The author concentrates on the exposition of this theory, carefully explaining how and in what sense joint commitments obligate. She also explores a classic theory of political obligation --- actual contract theory --- according to which one is obligated to conform to the laws of one's country because one agreed to do so. She offers a new interpretation of this theory in light of a theory of plural subject theory of agreements. She argues that actual contract theory has more merit than has beenthought, though the more general plural subject theory is to be preferred. She compares and contrasts plural subject theory with identification theory, relationship theory, and the theory of fair play. She brings it to bear on some classic situations of crisis, and, in the concluding chapter,suggests a number of avenues for related empirical and moral inquiry.Clearly and compellingly written, A Theory of Political Obligation will be essential reading for political philosophers and theorists.
Author: Michael Huemer
Publisher: Springer
ISBN: 1137281669
Category : Philosophy
Languages : en
Pages : 391
Get Book Here
Book Description
The state is often ascribed a special sort of authority, one that obliges citizens to obey its commands and entitles the state to enforce those commands through threats of violence. This book argues that this notion is a moral illusion: no one has ever possessed that sort of authority.
Author: Jonathan Wolff
Publisher: Princeton University Press
ISBN: 0691149003
Category : Philosophy
Languages : en
Pages : 372
Get Book Here
Book Description
Previously unpublished writings from one of the most important political philosophers of recent times G. A. Cohen was one of the leading political philosophers of recent times. He first came to wide attention in 1978 with the prize-winning book Karl Marx's Theory of History: A Defence. In subsequent decades his published writings largely turned away from the history of philosophy, focusing instead on equality, freedom, and justice. However, throughout his career he regularly lectured on a wide range of moral and political philosophers of the past. This volume collects these previously unpublished lectures. Starting with a chapter centered on Plato, but also discussing the pre-Socratics as well as Aristotle, the book moves to social contract theory as discussed by Hobbes, Locke, and Hume, and then continues with chapters on Kant, Hegel, and Nietzsche. The book also contains some previously published but uncollected papers on Marx, Hobbes, and Kant, among other figures. The collection concludes with a memoir of Cohen written by the volume editor, Jonathan Wolff, who was a student of Cohen's. A hallmark of the lectures is Cohen's engagement with the thinkers he discusses. Rather than simply trying to render their thought accessible to the modern reader, he tests whether their arguments and positions are clear, sound, and free from contradiction. Throughout, he homes in on central issues and provides fresh approaches to the philosophers he examines. Ultimately, these lectures teach us not only about some of the great thinkers in the history of moral and political philosophy, but also about one of the great thinkers of our time: Cohen himself.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Get Book Here
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: William Atkins Edmundson
Publisher: Rowman & Littlefield
ISBN: 9780847692552
Category : Law
Languages : en
Pages : 366
Get Book Here
Book Description
The question, 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. The thought that there is no such duty poses a challenge to our ordinary understanding of political authority and its legitimacy. In what sense can political officials have a right to rule us if there is no duty to obey the laws they lay down? Some thinkers, concluding that a general duty to obey the law cannot be defended, have gone so far as to embrace philosophical anarchism, the view that the state is necessarily illegitimate. Others argue that the duty to obey the law can be grounded on the idea of consent, or on fairness, or on other ideas, such as community.
Author: Getahun A. Mosissa
Publisher: Human Rights Research Series
ISBN: 9781780689876
Category :
Languages : en
Pages : 352
Get Book Here
Book Description
The principal question investigated in this book is what normative justification can be provided for economic, social and cultural rights (ESC rights) guaranteed under international law and how this justification can or should impact the State obligations emerging from these rights. In particular, it seeks to answer whether and in what manner human dignity provides a viable normative justification for ESC rights guaranteed under international law, what kind of concrete legal obligations of the State party flow from these rights, and the way these obligations are reflected in the jurisprudence of international human rights monitoring bodies from across jurisdictions. It also examines the kind of legal obligations the State bears towards vulnerable persons within its jurisdiction. These are questions born out of the current limitations and lack of substantive progress in both the academic debate and practical enforcement of ESC rights.
Author: James M. Buchanan
Publisher: University of Michigan Press
ISBN: 9780472061006
Category : Decision-making
Languages : en
Pages : 388
Get Book Here
Book Description
A scientific study of the political and economic factors influencing democratic decision making
Author: University of California (1868-1952)
Publisher:
ISBN:
Category : Universities and colleges
Languages : en
Pages : 1506
Get Book Here
Book Description
