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    1.

    Political Obligation, Authority and Civil Disobedience

    Core Reading:

    J. Wolff,An Introduction to Political PhilosophyCh. 2

    A. J. Simmons, Moral Principles and Political Obligations(1979), Chapters 1-4

    M. B. E. Smith, Is there a Prima Facie Obligation to Obey the Law?Yale Law Journal82

    R. Nozick,Anarchy, State, and Utopia(1974), pp. 90-95

    G. Klosko, Presumptive Benefit, Fairness, and Political Obligation, Philosophy & Public Affairs16:3

    J. Rawls,A Theory of Justice(1971), Ch. 6

    Further Reading:

    On Voluntarism:

    D. Estlund, Democratic Authority(2007), Ch. 7

    H Beran, The Consent Theory of Political Obligation(1987)

    J Plamenatz, Consent, Freedom, and Political Obligation(1968), Ch. 7

    J. Plamenatz, Man and Society(1963) p 228, 238-39

    A. J. Simmons, On the Edge of Anarchy(1993), Ch. 8

    D. Schmidtz, Justifying the State, Ethics101

    On Fairness and Gratitude:

    Klosko, The Principle of Fairness and Political Obligation (2003)

    Wolff, Political Obligation, Fairness and Independence, Ratio8:1

    A. J. Simmons, Moral Principles and Political Obligations(1979), Ch. 5

    C. H. Wellman, Liberalism, Samaritanism, and Political Legitimacy, Philosophy and Public Affairs

    25:3

    A. D. M. Walker, Political Obligation and the argument from Gratitude, Philosophy and Public Affairs

    17:3

    On Authority and Anarchism:

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    J. Raz, Authority and Justification,Philosophy & Public Affairs14:1

    R. P. Wolff, In Defense of Anarchism(1970), Chapters 1 2

    C. McMahon, Autonomy and Authority, Philosophy & Public Affairs16:4

    J. Raz, Between Authority and Interpretation: On the Theory of Law and Practical Reason(2009), Ch.5

    L. Green, The Authority of the State(1988)

    R. Sartorius, Political Authority and Political Obligation, Virginia Law Review67:1

    On Natural Duties of Justice:

    J. Waldron, Special Ties and Natural Duties, Philosophy and Public Affairs22

    G. Klosko, Political Obligation and the Natural duties of Justice, Philosophy and Public Affairs23:3

    L. Murphy, Acceptance of Authority and the Duty to comply with Just institutions: A comment onWaldron, Philosophy and Public Affairs23:3

    On Civil Disobedience:

    A. Sabl, Civil Disobedience in Kukathas(ed.),John Rawls:Critical Assessments Vol II(2002)

    A. Sabl, Looking Forward to Justice: Rawlsian Civil Disobedience and its Non-Rawlsian Lessons,

    The Journal of Political Philosophy9

    R. Dworkin, Civil Disobedience, Ch. 8 in his Taking Rights Seriously(1977)

    K. Brownlee, Features of a Paradigm Case of Civil Disobedience, Res Publica10

    P. Singer, Democracy and Disobedience(1973)

    J. Pennock & J. Chapman (eds.) Nomos XII Political and Legal Obligationpart on Civil Disobedience

    C. Valcke, Civil Disobedience and the Rule of Law a Lockean Insightin I. Shapiro (ed) Nomos

    XXXVI The Rule of Law

    J. Raz, The Authority of Law(1979), chs. 14 and 15

    Think about:

    What kind of thing is a political obligation? Is our obligation to obey the law the only such political

    obligation? How, if at all, is the obligation to obey the law distinct from moral obligation? Is itpro

    tanto orall things considered? What are the grounds for such obligations? Evaluate the arguments

    made for different grounds for political obligation including consent, fairness, gratitude, natural

    duties, and associative duties.

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    What is the relation between political obligation and authority? What is the nature of authority?

    How is it related to legitimacy? How, if at all, can states gain it? Are authority relations compatiblewith our nature as autonomous moral individuals? Can the state be justified in coercing compliance

    even where nobody is obliged to obey it?

    How should we understand the notion of civil disobedience?What distinguishes it from other

    ways of, or reasons for, breaking the law? When, if at all, is it justified?

    Essay Questions:

    Do we have reason to obey the law simply because it is law?

    What grounds, if any, are there for legitimate political authority?

    How would you distinguish between justified and unjustified cases of civil disobedience?

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    2.

    Liberty/Freedom

    Core Reading:

    I. Carter, M Kramer, H Steiner (eds.), Freedom: a philosophical anthology(2007) Read the General

    Introduction

    I. Berlin, Two Concepts of Liberty, in D. Miller (ed.), The Liberty Reader(2006). Also in I. Berlin

    Four Essays on Liberty(1969); I. Berlin, H. Hardy (ed) Liberty(2002); R. E. Goodin and P. Pettit(eds.) Contemporary Political Philosophy: An Anthology(1997)

    G. MacCallum Jr, Negative and Positive Liberty, in D. Miller (ed.), The Liberty Reader(2006). Also in

    R. Flathman (ed.), Concepts in Social and Political Philosophy(1973)

    C. Taylor, Whats Wrong with Negative Liberty, in D. Miller (ed.), The Liberty Reader (2006). Also

    in A. Ryan (ed.), The Idea of Freedom(1979) or R. E. Goodin and P. Pettit (eds.), Contemporary

    Political Philosophy: An Anthology(1997)

    P. Pettit, Republicanism: A Theory of Freedom and Government(1997), Chapters 2 and 3

    Q. Skinner, A Third Concept of Liberty in D. Miller (ed.), The Liberty Reader(2006). Also in Goodin,Pettit (eds.) Contemporary Political Philosophy: An anthology, (2006)

    Further Reading:

    D. Miller, Introduction in D. Miller (ed.), The Liberty Reader(2006)

    I. Carter, M Kramer, H Steiner (eds.), Freedom: a philosophical anthology(2007)

    J. S. Mill, On Liberty(1859)

    G. A. Cohen, History Labour and Freedom(1988), Chapters 12 and 13

    P. Pettit,A Theory of Freedom: from the psychology to the politics of agency(2001)

    I. Carter, Respect and the Basis of Equality, Ethics121

    M. Kramer, The Quality of Freedom(2003)

    On the Concept of Liberty/Freedom:

    Q. Skinner, A Third concept of Liberty, in Goodin, Pettit (eds.), Contemporary Political Philosophy:

    An anthology, (2006)

    P. Pettit, TheInstability of Freedom as Noninterference: The Case of Isaiah Berlin, Ethics121

    J. Christman, Liberalism and Individual Positive Freedom, Ethics101

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    E. Nelson, One or Two concepts Liberty: One concept too many?Political Theory

    33:1

    J. Christman, Saving Positive Freedom, Political Theory 33:1 (A response to Nelson)

    G. Elford, Reclaiming Two Concepts of Liberty, Politics, Philosophy and Economics (2012)

    F. Reed, Berlin and the division of Liberty, Political Theory8:3

    N. Buttle, Negative and Positive Liberty Revisited, Politics4:1

    Q. Skinner, The Paradoxes of Political Libertyin D. Miller (ed.) Liberty (1991) *earlier version of

    The Liberty Reader

    Phillip Pettit, Republican Freedom and ContestatoryDemocracy, in Shapiro and Hacker-Cordon,Democracys Value(1999)

    John Gray, On Negative and Positive Liberty, Political Studies 28.4 (1980)

    On Constraints on Negative Liberty/Freedom:

    H. Steiner, Individual Liberty, in D. Miller (ed.), The Liberty Reader(2006)

    D. Miller, Constraints on Freedom, Ethics 94:1

    Jeremy Waldron, Homelessness and the Issue of Freedom, in Waldron, Liberal Rights: Collected

    Papers 1981 1991(1993)

    On Autonomy:

    G. Dworkin, The Theory and Practice of Autonomy(1988)

    Raz, The Morality of Freedom(1986), Chapters 14 and 15

    On Measuring Liberty/Freedom:

    I. Carter,A Measure of Freedom(2004) esp. pt II

    M. Kramer, The Quality of Freedom (2003) esp. Ch. 5

    Think about:

    Understand the difference between the labels negative and positive freedom, how should they be

    distinguished? Do they pick out different concepts of freedom, or merely characterize different

    kinds of conceptionof freedom?

    What kinds of things restrict our freedom? How do we determine the extent to which something

    restricts freedom? Does poverty restrict freedom and if so in what ways?

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    Understand the difference between exercise and opportunity concepts of freedom. How does this

    distinction relate to the distinction between positive and negative? Understand Pettits view offreedom as non-domination. Does this represent a further concept of freedom?

    Essay questions:

    Is there more than one concept of freedom/liberty?

    If I lack the ability to do something do I lack the freedom to do it?

    Is there a freedom to be enjoyed in a democracy that is not to be enjoyed in other political systems?

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    3.

    Rights

    Core Reading:

    L. Wenar, Rights, Stanford Encylopedia of Philosophy (for extended discussion of section 2 see

    Wenar The Nature of Rights below)

    J. Raz, The Morality of Freedom(1986), Ch. 7

    H. Steiner,An Essay on Rights (1994), Ch. on Rights

    R. Dworkin, Taking rights seriouslyin his Taking Rights Seriously (1978) and Rights as trumpsin

    J. Waldron, Theories of Rights(1984)

    J. Finnis, Natural Law and Natural Rights(2011), Ch. 8

    Further Reading:

    J. Waldron, Theories of Rights (1984)

    L. Wenar, The Nature of Rights,Philosophy and Public Affairs33:3 (focused on the function of

    rights with a good elaboration of the Hohfeld scheme)

    J. Waldron, Rights in R. Goodin and P.Pettit (eds.),A Companion to Contemporary Political

    Philosophy(1995)

    M. Freeden, Rights(1991)

    P. Jones, Rights(1994)

    J. Waldron, Rights in Conflict, Ethics99. Also in Waldron, Liberal Rights: Collected Papers 1981

    1991 (1993)

    J. Raz, The Morality of Freedom(1986), Chapters 8 and 10. Former also found as J. Raz Right basedmoralitiesin J. Waldron, Theories of Rights (1984)

    J. Raz, Hart on Moral Rights and Legal Duties, Oxford Journal of Legal Studies4:1

    J. Raz, Legal Rights, Oxford Journal of Legal Studies4:1

    J. Raz, Rights and Individual Wellbeing, Ratio Juris5:2

    C. Taylor, Atomism, Ch. 7 in his Philosophy and The Human Sciences: Philosophical Papers 2(1985)

    A. Marmor, On the Limits of Rights, Law and Philosophy16:1

    On Democracy, Utility and Rights:

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    J. Waldron, Rights and Majorities: Rousseau revisitedin his book Liberal Rights(1993)

    J. Waldron, The constitutional conception of democracyin D. Estlund (ed.) Democracy (2002)

    D. Lyons, Utility and Rights, in J. Waldron, Theories of Rights(1985)

    H. L. A. Hart, Between Utility and Rights, Columbia Law Review79:5

    Liberal Rights and Freedom of Expression:

    R. Dworkin, Do we have a Right to Pornography?in hisA Matter of Principle(1977)

    J. Cohen, Freedom of Expression, Philosophy and Public Affairs22

    C. MacKinnon, Privacy v. Equality: Beyond Roe v Wadein her Feminism Unmodified(1987)

    T. Scanlon, A Theory of Freedom of Expression, Philosophy and Public Affairs2

    S. White, Freedom of Association and the Right to Exclude,Journal of Political Philosophy5

    O. M. Fiss, The Silencing Effect of Speech in his The Irony of Free Speech(1998)

    On Group Rights:

    W. Kymlicka, Multicultural Citizenship: A Liberal Theory of Minority Rights (1996)

    P. Kelly (ed.), Multiculturalism Reconsidered: Culture and Equality and its Critics(2002)

    B. Barry, Culture and Equality(2001)

    On Human Rights:

    A. Sen, Elements of a Theory of Human Rights, Philosophy and Public Affairs32:4

    C. Beitz, Human Rights as a Common Concern,American Political Science Review95:2

    J. Griffin, On Human Rights(2008). See also symposium issue of Ethics120:4

    A. Gewirth, The Basis and Content of Human Rights, in J.R. Pennock and J.W. Chapman (eds.)

    Human Rights: Nomos XXIII (1981)

    J. Raz, Human Rights Without Foundationshttp://josephnraz.googlepages.com/HumanRightswithoutfoundations.pdf

    J. Tasioulas, The Moral Reality of Human Rights, in T. Pogge (ed.) Freedom from Poverty as a

    Human Right (2007)

    D. Beetham (ed.), Political Studies Special Issue: Politics and Human Rights 43

    Think about:

    http://josephnraz.googlepages.com/HumanRightswithoutfoundations.pdfhttp://josephnraz.googlepages.com/HumanRightswithoutfoundations.pdfhttp://josephnraz.googlepages.com/HumanRightswithoutfoundations.pdf
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    Understand the concept of a right. How are rights related to duties? What is the distinction between

    negative and positive rights? Adjudicate between accounts of what grounds rights. How do rightsfunction? interest/will theory. How do they relate to democracy/utility? Do rights conflict with

    one another?

    Are there pre-social rights? What are human rights? Are either universal? How should theories of

    human rights relate to political institutions that seek to enshrine/protect them?

    Essay questions:

    Why do we have rights?

    Are there any human rights? Are they natural?

    My right to speak trumps your right to be heard. Discuss

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    J. C. Harsanyi (1975) Can the Maximin Principle Serve as a Basis for Morality? A Critique of John

    Rawlss TheoryAmerican Political Science Review69:2

    On the Basic Structure:

    G. A. Cohen, Where the Action Is: On the Site of Distributive JusticePhilosophy and Public Affairs

    26:1. Also in G. A. Cohen, If Youre an Egalitarian, How Come Youre So Rich?(2001), Ch. 9

    G. A. Cohen, Rescuing Justice and Equalityesp. Chapters 3, 6 (section 19), 7 and 8.

    A. Williams, Incentives, Inequality, and Publicity, Philosophy and Public Affairs27:3

    L. Murphy, Institutions and the Demands of Justice, Philosophy and Public Affairs27:4

    T. Pogge, On the Site of Distributive Justice: Reflections on Cohen and Murphy, Philosophy and

    Public Affairs29:2

    A. J. Julius Basic Structure and the Value of Equality, Philosophy and Public Affairs31:4

    J. Cohen, Taking People As They Are, Philosophy and Public Affairs 30

    S. Scheffler, Is the Basic Structure Basic?, C. Sypnowich (ed.) The Egalitarian Conscience(2006)

    On Justice as Political:

    J. Rawls, Political Liberalism(2005)

    J. Rawls, Justice as Fairness: Political not metaphysical, Philosophy and Public Affairs14:3

    J. Rawls, The law of peoples: with The idea of public reason revisited(2001)

    T. Scanlon, What we owe to each other(1998), Ch. 5

    On Reflective Equilibrium:

    N. Daniels,Justice and justification: reflective equilibrium in theory and practice, esp. Chapters 1 and

    8

    Think about:

    Understand the Original Position what purpose does it serve, why appeal to a veil of ignorance?

    Understand the principles of justice Rawls offers. Would they be chosen in the OP? Understand

    reflective equilibrium.

    Rawls says Justice is Political not Metaphysical what does he mean by this? What role does the

    notion of the reasonable play in Rawls?Understand constructivism. Is this a plausible

    method/way of conceptualizing justice? What is the basic structure, should principles of justice be

    limited to it?

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    Is the so-called Difference Principle plausible? Is it too inegalitarian/too egalitarian? Does it license

    incentive payments to the talented?

    Essay questions:

    Are either the Original Position or the principles Rawls derives from it plausible elements of a

    theory of justice?

    Does Rawls show sufficient concern for equality?

    Is justice limited to the Basic Structure?

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    5.

    Egalitarianism, Justice and Equality

    Core reading:

    J. Rawls, A Theory of Justice (1971), Ch. 2, parts 13, 14 and 15

    R. Dworkin, What is Equality? Part 2: Equality of Resources, Philosophy and Public Affairs 10:4 pp.293295

    G. A. Cohen, On the Currency of Egalitarian Justice, Ethics99:4

    E. Anderson, What is the point in Equality?, Ethics109:2

    J. Wolff, Fairness, Respect and the Egalitarian Ethos, Philosophy and Public Affairs27

    M. Clayton and A. Williams (eds.) TheIdeal of Equality, (2002) Introduction and Ch. by Parfit

    Further reading:

    B. Williams, The Idea of Equality, in B. Williams, Problems of the Self: Philosophical Papers 1956-72

    (1976)

    J. Wolff, Equality: The recent history of an idea,Journal of Moral Philosophy 4

    G. A. Cohen, If Youre an Egalitarian, How Come Youre so Rich? The Journal of Ethics 4

    On Luck Egalitarianism:

    S. Scheffler , What is Egalitarianism?, Philosophy and Public Affairs31:2

    R. Arneson, Luck Egalitarianism and Prioritarianism, Ethics110:2

    R. Arneson, Luck Egalitarianism Interpreted and Defended,

    http://philosophyfaculty.ucsd.edu/faculty/rarneson/luckegalitarianism2.pdf(cautionary note:

    Arneson, rather confusingly, categorizes prioritarianism as a form of egalitarianism)

    A. Kaufman, Choice, Responsibility and Equality, Political Studies52

    On Equality as a Relation:

    D. Miller and M. Walzer, Pluralism, Justice, and Equality(1995), Ch. 9

    M. Walzer, Spheres of Justice: a defense of pluralism and equality(1983)

    N. Fraser, A. Honneth, Redistribution or Recognition(2003)

    On Equality of What?:

    http://philosophyfaculty.ucsd.edu/faculty/rarneson/luckegalitarianism2.pdfhttp://philosophyfaculty.ucsd.edu/faculty/rarneson/luckegalitarianism2.pdfhttp://philosophyfaculty.ucsd.edu/faculty/rarneson/luckegalitarianism2.pdf
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    R. Dworkin, Sovereign Virtue, Chapters 1 and 2 (esp. Ch. 2). Also found in Philosophy and Public

    Affairs 10 (called 'What is Equality?',split into two parts in successive issues: Equality of Welfareand Equality of Resources)

    R. Arneson, Equality and Equal Opportunity for Welfare, Philosophical Studies 56

    A. Sen, Equality of What?in S. McMurrin (ed.) The Tanner Lecture on Human Valuesvol.1. (1987)also in A. Sen, Choice, Welfare and Measurement(1982), Ch. 16 and J. Rawls, A. Sen et al. Liberty,

    Equality and Law: Selected Tanner Lectures on Moral Philosophy(1987)

    A. Sen, Inequality Re-examined(1992)

    E. Rakowski , Equal Justice(1991) Chapters 2 7 esp. Ch. 2

    On Equality as a value in itself:

    M. Clayton and A. Williams (eds.) TheIdeal of Equality, (2002) esp. Chapters by Parfit (see core),

    Temkin and Scanlon

    H. Frankfurt, Equality as a Moral Ideal, Ethics98:1

    L. Temkin, Inequality(1993), esp. Ch. 9

    P. Casal, Why Sufficiency is not enough, Ethics117

    T. Nagel, Mortal Questions(1991), Ch. 8

    J. Raz, The Morality of Freedom(1986) Ch. 9

    M. Otsuka and A. Voorhoeve, Why it matters that some are worse off than others: an argument

    against the priority view, Philosophy and Public Affairs37:2

    M. ONeill, What Should Egalitarians Believe?, Philosophy and Public Affairs 36

    Think about:

    Is Luck Egalitarianism implausibly harsh on victims of bad option luck? Does it fail to show

    sufficient respect for victims of bad brute luck? Understand Democratic Equality + Complex

    Equality? How do these conceptions of equality differ from Luck Egalitarianism?

    What value does equality have could it be valuable in and of itself? Understand the leveling down

    objection. Assess alternative views on distributive justice sufficientarianism, prioritarianism. How

    should we distinguish between telic and deontic versions of egalitarianism?

    What currency should egalitarians be concerned to equalize resources, welfare, objective goods,advantage, capabilities, something else? Should we aim for equality of outcome or equality of

    opportunity? Should we compensate for expensive tastes?

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    M. Walzer, Spheres of Justice: a defense of pluralism and equality(1983)

    On the Liberal-Communitarian debate:

    A. Gutmann, Communitarian Critics of Liberalism, Philosophy and Public Affairs14

    S. Caney, Liberalism and Communitarianism: a Misconceived Debate, Political Studies40:2

    S. Mulhall and A. Swift, Liberalisms and Communitarianisms: whose Misconception?(reply to

    Caney), Political Studies41:4

    J. Wallach, Liberals, Communitarians and the task of political theory, Political Theory15

    C. Cochran, The Thin Theory of Community: The Communitarians and their Critics, Political Studies

    37:3

    W. Kymlicka, Liberal individualism and liberal neutrality, Ethics99:4

    W. Kymlicka, Liberalism, Community, and Culture(1989)

    M. Walzer, The Communitarian critique of Liberalism, Political Theory18:1

    See also section in Rights On rights to freedom of expression

    Think about:

    Are the restrictions in Rawlss Original Position plausible?Why deny individuals access to their

    conceptions of the good? Does Rawlss view entail that we are prior to our ends? What does this

    mean and is it plausible?

    Understand what is claimed by doctrines of neutrality. How does this contrast with

    perfectionism?What does Rawls mean when he says justice is political not metaphysical? How

    universal does Rawlsian liberalism purport to be? How should we understand liberalism? What

    are its defining features?

    How should we understand the category communitarianism? How does it contrast with liberalism?

    Understand the views of a number of the authors thought to be grouped under this banner Sandel,

    Walzer, Taylor, MacIntyre, others. How should we understand community? What role should itplay with respect to justice?

    Essay questions:

    If I am a communitarian what do I believe? Can I be a liberal as well?

    Neutrality is impossible, so liberalism is implausible. Discuss.

    Justice is always and everywhere the same. Discuss.

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    7.

    Libertarianism and Property

    Core reading:

    R. Nozick,Anarchy, State and Utopia (1974), section 7 on Distributive Justice

    G. A. Cohen, Self-Ownership, Freedom and Equality(1995), Chapters 3 and 4

    P. Vallentyne and H. Steiner (eds.) Left-Libertarianism and its Critics(2000), Chapters by Steiner

    and Van Parijs

    R. P. Wolff , Robert Nozick: Property, Justice and the Minimal State(1991), esp. Chapters 1, 4, and

    pages 118 126.

    D. Schmidtz, The Elements of Justice(2006), Chapters 32 34

    Further reading:

    R. Nozick,Anarchy, State and Utopia(1974), esp. Chapters 3, 4 and 8.

    J. Paul (ed.), Reading Nozick: Essays on Anarchy, State and Utopia(1982)

    F. A. Hayek, The Constitution of Liberty (1976), Ch. 6

    G. A. Cohen, Capitalism, Freedom and the Proletariat, in The Idea of Freedom: Essays in Honor of

    Isaiah Berlin (1979), Alan Ryan (ed.)

    Left-Libertarianism:

    M. Otsuka, Libertarianism without inequality(2005), Ch. 1

    B. Fried, Left-Libertarianism: A Review Essay, Philosophy and Public Affairs32

    B. Fried, Left-Libertarianism, Once More: A Rejoinder to Vallentyne, Steiner, and Otsuka,Philosophy and Public Affairs33

    P. Vallentyne, H. Steiner, and M. Otsuka, 2005, Why Left-Libertarianism Isn't Incoherent,

    Indeterminate, or Irrelevant: A Reply to Fried, Philosophy and Public Affairs33

    On Property:

    J. Waldron, The Right to Private Property(1988)

    A. J. Simmons, The Lockean Theory of Rights (1994), Ch. 5

    J. Wolff, Robert Nozick: Property, Justice and the Minimal State(2001), Ch. 2

    R. Dworkin, Taking Rights Seriously(1977), Chapters 7 and 12

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    J. Waldron (ed.), Theories of Rights(1984), esp. Dworkin, Gewirth, Raz, Mackie

    On Self-Ownership:

    G. A. Cohen, Self-Ownership, Freedom and Equality(1995), Chapters 1 4

    J. Christman, Self-Ownership, Equality, and the Structure of Property Rights, Political Theory19:1

    T. Christiano, A Foundation for Egalitarianism in Egalitarianism: New Essays on the Nature and

    Value of Equality(2006) N. Holtug & K. Lippert- Rasmussen (eds.)

    S. White, Should Talent be Taxed?in The Demands of Citizenship(2000), C. McKinnon and I.

    Hampsher-Monk (eds.)

    J. Roemer, Theories of Distributive Justice(1996), Ch. 6 Neo-Lockeanism and Self-Ownership

    C. Fabre, Whose Body is it Anyway? Justice and the Integrity of the Person(2006), Chapters 1 and 5

    Think about:

    Understand the label libertarianismand its different forms. How should we understand the notion

    of self-ownership? What kinds of rights does it entail? How does one move from ownership of onesself to ownership of parts of the world? Is there a natural right to liberty?

    Understand the notion of propertyand private property. On what basis is property/private

    property justified? What kinds of rights does it entail? How strong are such rights?

    Essay questions:

    Does self-ownership entail a right to private property?

    Is taxation forced labour?

    Should we value liberty more than equality?

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    8.

    Democracy

    Core reading:

    J. Schumpeter, Two Concepts of Democracyin A. Quinton (ed.) Political Philosophy(1967)

    B. Barry, Is Democracy Special?in his Democracy and Power(1991)

    R. Dahl, Democracy and its Critics (1989), parts 3 5

    P. Jones, Political Equality and Majority Rulein D. Miller and L. Siedentop (eds.) The Nature of

    Political Theory(1983)

    D. Estlund (ed.), Democracy (2002), Intro and Chapters by Christiano and Cohen

    B. Saunders, Democracy, Political Equality, and Majority Rule, Ethics121

    Further reading:

    J. Elster, The Market and the Forumin Foundations of Social Choice Theory(1986) J. Elster and A.

    Hylland (eds.)

    J. Wolff,An Introduction to Political Philosophy (1996), Ch. 3

    R. Goodin and P. Pettit (eds.), Contemporary Political Philosophy(1997), Chs. by Habermas, Dahl,

    Elster, Cohen, Sunstein and Phillips

    D. Held, Models of Democracy (1996)

    B. Barry, Democracy and Power (1991)

    T. Christiano, The Rule of the Many (1996)

    On Majority Rule:

    M. Risse, Arguing for Majority Rule,Journal of Political Philosophy12:1

    J. Chapman and A. Wertheimer (eds.) NOMOS XXXII: Majorities and minorities (1990),esp. Beitz,

    Christiano, Shapiro, and Waldron

    A. Kuflik, Majority Rule Procedure, in NOMOS XVIII: Due Process(1977), J. R. Pennock and J. W.Chapman (eds.) (1977)

    A. McGann, The Logic of Democracy (2006), Ch. 4

    W. Sadurski, Legitimacy, Political Equality, and Majority Rule, Ratio Juris21

    On Deliberative Democracy:

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    A. Gutmann and D. Thompson, Why Deliberative Democracy?(2004), Ch. 1

    J. Bohman and W. Rehg (eds.), Deliberative Democracy: Essays on Reason and Politics(1997), essays

    by Cohen, Christiano, Estlund, and Knight and Johnson

    R. Goodin, Reflective Democracy (2003), Chapters 1 and 9

    T. Christiano, The Constitution of Equality (2008), Ch. 5

    J. S. Dryzek, Deliberative Democracy and beyond (2002), Intro and Ch. 1

    On Constitutionalism:

    R. Dworkin, Sovereign Virtue(2000) Ch. 4

    J. Waldron, Rights and Majorities: Rousseau Revisited in his Liberal Rights: Collected Papers 1981

    1991(1993)

    J. Elster, Majority Rule and Individual Rights in S. Shute and S. Hurley (eds.) On Human Rights(TheOxford Amnesty Lectures) (1993),

    T. Christiano, The Constitution of Equality(2008), Ch. 7

    Think about:

    Be clear about how you think we should understand democracy. This will be related to your views

    on the justification of democracy but the best justification for democracy and the concept of

    democracy are still different questions. What kinds of justification is democracy amenable to?

    Distinguish between instrumental and intrinsic justifications? How are these related to proceduraljustifications? How is democracy related to other values, such as equality, liberty, power and

    authority? Does democracy bear a special relation to legitimate authority?

    Understand the nature of voting. Does voting constitute a form of consent? To what extent is voting

    rational in large democracies?

    To what extent does democracy require participation? What forms of participation is it reasonable

    to expect of people/are people capable of?

    Understand and evaluate what is claimed by theories of deliberative democracy. What kind of

    deliberation and under what conditions?

    Are constitutions and judicial review consistent with democracy? What is the relationship between

    rights and democracy?

    Essay questions:

    The justification of democracy is the fact that everyone has an equal say. Discuss.

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    Are constitutions democratic?

    Does democracy require participation in deliberation on the part of the citizens?

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    9. Global Justice

    Core reading:

    P. Singer, Famine, Affluence and Morality, Philosophy and Public Affairs, 1

    S. Caney, Review Article: International Distributive Justice, Political Studies49

    T. Pogge, World Poverty and Human Rights(2002), Intro, Chapters 5 and 8

    T. Nagel, The Problem of Global Justice, Philosophy and Public Affairs33:2

    A. Sangiovanni, Global Justice, Reciprocity and the State, Philosophy & Public Affairs 35:1

    J. Rawls, The law of peoples: with The idea of public reason revisited(2001), esp. Section 3

    Further reading:

    S. Caney,Justice Beyond Borders (2005), Chapters 1 and 4

    D. Miller, On Nationality(1995)

    D. Miller, Citizenship and National Identity(2001)

    A. Sangiovanni, The Irrelevance of Coercion, Imposition, and Framing to Distributive Justice,Philosophy and Public Affairs40

    B D. Miller, Justice and Global Inequality, in Inequality, Globalization, and World Politics (1999), A.

    Hurrell and N. Woods (eds.), also available at

    http://www.oxfordscholarship.com/oso/public/content/politicalscience/0198295669/toc.html

    S. Caney, D. George, and P. Jones, (eds.), National Rights, International Obligations (1996)

    C. Jones, Global Justice: Defending Cosmopolitanism (1999)

    C. Beitz, Political Theory and International Relations(1999), Part III

    C. Beitz, Rawlss Law of Peoples, Ethics 110:4

    A. Buchanan, Rawls's Law of Peoples: Rules for a VanishedWestphalian World, Ethics110:4

    A. J. Julius, Nagels Atlas, Philosophy & Public Affairs34:2

    J. Cohen & C. Sabel, Extra Rempublicam Nulla Justitia? Philosophy & Public Affairs34:2

    On Cosmopolitanism:

    J. Waldron, What is Cosmopolitan?Journal of Political Philosophy 8

    http://www.oxfordscholarship.com/oso/public/content/politicalscience/0198295669/toc.htmlhttp://www.oxfordscholarship.com/oso/public/content/politicalscience/0198295669/toc.htmlhttp://www.oxfordscholarship.com/oso/public/content/politicalscience/0198295669/toc.html
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    D. Moellendorf, Cosmopolitan Justice (2002), Chapters 3 and 4

    L. Wenar, Why Rawls Is Not a Cosmopolitan Egalitarian, in R. Martin and D. A. Reidy (eds.) RawlssLaw of Peoples: A Realistic Utopia(2006)

    On duties beyond borders:

    R. Miller, Beneficence, Duty and Distance, Philosophy and Public Affairs, 32

    M. Risse, How Does the Global Order Harm the Poor?, Philosophy and Public Affairs 33

    E. Ashford, The Inadequacy of our Traditional Conception of the Duties imposed by Human Rights,

    Canadian Journal of Law and Jurisprudence, 19

    D. Miller, National Responsibility and Global Justice (2007), Ch. 9

    See also section on human rightsunder Rights

    Think about:

    To what extent do we have duties of any sort with respect to members of other states? Is patriotism

    a virtue and, if so, for what reasons? Understand the claimed distinction between humanitarianduties of assistance and duties of distributive justice. What is the relationship between global

    institutions and global justice? Do we have duties of justice to members of other states? When

    should we intervene to prevent injustices in other sovereign states? Are there any universal human

    rights? If so, what implications does that have for states foreign policy?

    Essay questions:

    Do we owe duties of justice to members of other nations?

    Do we need global institutions for global justice?

    If I can choose between a luxury meal and helping to save lives abroad I must always choose the

    latter. Discuss.

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    10. Justice and the Ideal

    Core Reading:

    A. Sen, The Idea of Justice(2009) Introduction

    A.Swift, The Value of Philosophy in Nonideal Circumstances, Social Theory and Practice34:3

    D. Leopold and M. Stears (eds.) Political Theory: Methods and Approaches(2008), Introduction and

    Chapters 1 and 2

    G. A. Cohen, Rescuing Justice and Equality(2008), Ch. 6

    A. J. Simmons, Ideal and Nonideal Theory, Philosophy and Public Affairs 38:1

    Further Reading:

    D. Schmidtz, Nonideal Theory: What It Is and What It Needs to Be, Ethics121

    M. Stears, The Vocation of Political Theory, European Journal of Poltical Theory4

    D. Leopold and M. Stears (eds.) Political Theory: Methods and Approaches(2008)

    R. Geuss, Philosophy and Real Politics (2008)

    B. Honig, Political Theory and the Displacement of Politics (1993)

    B. Williams, In the Beginning was the Deed (2007), chs. 1 and 5

    C. Farrelly, Justice in Ideal Theory: A Refutation, Political Studies55:4

    Z. Stemplowska, Whats Ideal About IdealTheory? Social Theory and Practice 34:3

    D. Estlund, Democratic Authority (2008), Ch. 14

    D. Estlund, Human Nature and the Limits (If Any) of Political Philosophy, Philosophy and Public

    Affairs39:3

    P. Gilabert, Comparative Assessments of Justice, Political Feasibility, and Ideal Theory, Ethical

    Theory and Moral Practice (forthcoming but available online)

    Social Theory and Practice34:3 special issue on Social Justice: Ideal Theory, Nonideal

    Circumstances

    C. Mills, Ideal Theory as Ideology, Hypatia20:3

    Think about:

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    What kind of method should political theory employ? Understand so-called ideal theory (especially

    in Rawlss work). Does that term have consistent reference in the literature? Is there a usefuldistinction between political theory and political philosophy?

    What does being fact-sensitive mean? Are normative principles fact-sensitive? How should we

    understand the concept of justice?

    Essay questions:

    Is justice sensitive to facts?

    Should political theorists be realistic?

    What is ideal theory? Is it useful or not?