Hybrid journal (It can contain Open Access articles) ISSN (Print) 0065-8995 - ISSN (Online) 2049-6494 Published by Oxford University Press[425 journals]
Please help us test our new pre-print finding feature by giving the pre-print link a rating. A 5 star rating indicates the linked pre-print has the exact same content as the published article.
Pages: 177 - 194 Abstract: AbstractThis essay presents a fresh defense of the human right of religious freedom. It addresses two versions of skepticism of this human right, one a liberal variant, which questions religious freedom’s distinctiveness, the other a post-modern variant, which questions religious freedom’s universality. The case for a universal and distinct human right of religious freedom rests upon the claim that religion is a basic human good, manifesting human dignity and warranting a human right. The essay details four respects in which religion fulfills the meaning of a basic human good. Religion is a purposive set of acts, or practices; is a definable phenomenon whose core meaning is right relationship with a superhuman power; entails both an intrinsic good and derivate goods; and is universal in its scope. Finally, crucial to the human right of religious freedom is religion’s interiority, that is, its critical involvement of will, mind, and heart. PubDate: Mon, 18 Mar 2024 00:00:00 GMT DOI: 10.1093/ajj/auae003 Issue No:Vol. 68, No. 3 (2024)
Please help us test our new pre-print finding feature by giving the pre-print link a rating. A 5 star rating indicates the linked pre-print has the exact same content as the published article.
Pages: 195 - 210 Abstract: AbstractI will argue that the natural law theory of morality, when extended into a political theory of justice, results in a picture of political justice much like that of public reason liberalism. However, natural law political theory, I argue, need not entail a natural law theory of morality. While facts about what societies ought to do supervene upon facts about what is good for human beings, there are distinct goods involved and distinct reasons for action. Rather, considerations taken from the common good as guiding public policy results in a two-layer approach to public reasonability, resembling features of both consensus and convergence accounts of public reason. Consequently, the differences between natural law and classical public reason liberalism are significant but are not as significant as might have otherwise appeared. In fact, natural law political theory might be a more consistent development of the idea of a public reason than those of classical liberalism. PubDate: Mon, 26 Feb 2024 00:00:00 GMT DOI: 10.1093/ajj/auae001 Issue No:Vol. 68, No. 3 (2024)
Please help us test our new pre-print finding feature by giving the pre-print link a rating. A 5 star rating indicates the linked pre-print has the exact same content as the published article.
Pages: 211 - 228 Abstract: AbstractThis paper connects Hobbes the political philosopher with Kierkegaard the existentialist philosopher through the prism of the state of nature. It compares Kierkegaard's account of the emergence of ethical norms from the aesthetic stage of life with Hobbes's account of the emergence of legal norms from the state of nature. The paper argues that the transition from the state of nature to the state of civil society involves, not only a change of state, but also a transformation of self. This view of the relationship between the self and the state sees the Hobbesian state through the lens of the Kierkegaardian self. An internal change takes place within the self when we move from the state of nature to the state. PubDate: Sat, 24 Feb 2024 00:00:00 GMT DOI: 10.1093/ajj/auae002 Issue No:Vol. 68, No. 3 (2024)
Please help us test our new pre-print finding feature by giving the pre-print link a rating. A 5 star rating indicates the linked pre-print has the exact same content as the published article.
Pages: 229 - 256 Abstract: AbstractPoverty has so far been overwhelmingly understood as a state of distributive injustice. As a result, the debate in private law theory about the role of private law in alleviating poverty has essentially collapsed into the question of whether private law could, and should, promote distributive justice. We challenge the terms of this debate and, in particular, poverty’s reduction to its distributive dimension. We argue that poverty is a social condition with direct implications for the transactional freedom and equal standing of the person affected by it. In particular, poverty can impair one person’s ability to interact with another on terms reflecting reciprocal respect for their self-determination and substantive equality. Our account identifies institutional limitations on the operationalization of poverty accommodation in private law on the one hand, while elaborating promising ways for incorporating poverty into a broad range of private law interactions on the other. PubDate: Fri, 09 Jun 2023 00:00:00 GMT DOI: 10.1093/ajj/auad008 Issue No:Vol. 68, No. 3 (2023)
Hybrid journal (It can contain Open Access articles)
[425 journals]
