it does not bind, because of special features those states possess. He claims that the moral duty to obey the commands of legitimate political authority arises only if additional conditions are met. 13 For some thoughts on this, see John Tasioulas, Towards a Philosophy of Human Rights, Current Legal Problems 65 (2012 1518, and On the Foundations of Human Rights. 13, but the key point for present purposes is this: keeping in mind the continuity of human rights with the natural rights tradition helps liberate us from the shackles imposed by the consequentialist-deontological matrix of contemporary moral philosophy. But, on the other hand, human beings are not simply the impersonally plottable locations at which free-floating interests get realized or frustrated. While this is still the view many hold, not all. Legitimacy, for Kant, depends on a particular interpretation of the social contract.
Justification and Legitimacy: Essays on Rights and Obligations John Simmons, Justification and Legitimacy: Essays on Rights Justification and Legitimacy: Essays on Rights and Obligations
John Simmons, Justification and legitimacy - PhilPapers
The main function of political legitimacy, on this interpretation, is to explain the difference between merely effective or de facto authority and legitimate authority. Lucas, The Principles of Politics (Oxford: Oxford University Press, 1966 John Finnis, Natural Law and Natural Rights,. A question also arises whether collective self-determination is only intrinsically valuable in the case of democratic states. But, even if they do satisfy it, the crucial consideration here is that the sorts of epistemic advantages described by Buchanan, important thought they are, could not by themselves be a sufficient basis for legitimacy. Rawls 1993; Buchanan 2002; Christiano 2008; Kolodny 2014a,b). The UN General Assembly). On one formulation: failing to give due consideration to the good of members is tantamount to treating them as outsiders, persons whose good can simply be dismissed in making law and policies. Second, the two main traditional sources of international law are treaties and custom, and the former, being essentially promise-based in nature, is not as such a matter of obligation grounded in the right to rule. A version of rational proceduralism is implicit in Arrows approach to aggregative democracy (Arrow 1963; see Peter 2008 for a discussion).
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