David Lefkowitz
Dados Biográficos
| ID | 3873322 |
|---|---|
| NOME | David Lefkowitz |
| PRENOMES | David |
| SOBRENOME | Lefkowitz |
| ASSINATURA | LEFKOWITZ D |
| AFILIAÇÕES | University of Richmond |
| ORCID | 0000-0003-1890-5935 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 15 |
| TOTAL DE CITAÇÕES | 19 |
| TOTAL COMO AUTOR | 14 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 2004 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2024 |
| ÍNDICE H | 3 |
Between a Rock-Hard Reality and a Pious Wish Place
In the final chapter of Law’s Rule , his recently published tour de force on the nature, value, and viability of the rule of law, Gerald Postema defends the desirability, possibility, and actuality of an international rule of law. I contend that his attempt to defend the latter two claims fall short of what is needed, focusing in this essay on his argument for the possibility of a rule of law beyond state borders. Postema moves quickly from an ar…
A new philosophy for international legal skepticism
Ronald Dworkin maintains that a system of coercive government is a genuinely legal one if and only if it exhibits fidelity to a conception of the rule of law as valuable for the constitutive contribution it makes to the treatment of all its individual human subjects with equal concern and respect. This requires a particular type of institutional structure, namely one that satisfies the criteria that constitute government according to the rule of …
Pragmatism and Associative Political Obligations
Proponents of an associative account of political obligation maintain that individuals bear certain moral duties simply in virtue of their membership in a particular political community. I defend this thesis by interpreting it as a metaethical claim that expresses or implicitly relies on a pragmatist account of the nature of normativity, justification, and knowledge. Such a defense has a number of virtues. First, it offers a compelling rationale …
Sources in Legal-Positivist Theories
This chapter begins by examining the case for legal positivism. Legal positivism is understood as the thesis that the existence of law is a matter of its social source, regardless of its merits. Descriptive, normative, and conceptual arguments are considered, with the aim of demonstrating that what follows for the sources of international law from the commitment to positivism depends on the specific defence offered for accepting it as an account …
Skeptical challenges to international law
International and domestic law offer a study in contrasts: States' legal obligations often depend on their consent to specific international legal norms, whereas domestic law applies to individuals with or without their consent; enforcement in international law is weak and, for many international treaties, non-existent, whereas states spend considerable resources to create centralized coercive enforcement mechanisms; and international law is char…
In Defense of Penalizing (but not Punishing) Civil Disobedience
Autonomy, residence, and return
This article argues that those unjustly displaced from a particular territory T cannot involuntarily lose their rights to reside there, or, as a consequence, their rights of return to it, even if they develop territorially grounded conceptions of the good where they now reside. The contrary position fails to accord the unjustly displaced the respect due to them in virtue of their personal autonomy. Facts commonly alleged to justify the supersessi…
The Principle of Fairness and States’ Duty to Obey International Law
I employ the principle of fairness to argue that many existing states have a moral duty to obey international law simply in virtue of its status as law. On this voluntarist interpretation of the principle of fairness, agents must accept (in a technical sense) the benefits of a cooperative scheme in order to acquire an obligation to contribute to that scheme’s operation. I contend that states can accept the benefits international law provides, and…
Debate
On the Concept of a Morally Relevant Harm
The author argues that only when the two harms are morally relevant to one another may an agent take into account the number of people he can save. He defends an orbital conception of morally relevant harm, according to which harms that fall within the ‘orbit’ of a given harm are relevant to it, while all other harms are not. The possibility of preventing a harm provides both a first-order reason to prevent that harm, and a second-order reason no…
On a Moral Right to Civil Disobedience
The Duty to Obey the Law
Under what conditions, if any, do those the law addresses have a moral duty or obligation to obey it simply because it is the law? In this essay, I identify five general approaches to carrying out this task, and offer a somewhat detailed discussion of one or two examples of each approach. The approaches studied are: relational-role approaches that appeal to the fact that an agent occupies the role of member in the political community; attempts to…
A Contractualist Defense of Democratic Authority
The Nature of Fairness and Political Obligation
In Defense of Penalizing (but not Punishing) Civil Disobedience
Autonomy, residence, and return
This article argues that those unjustly displaced from a particular territory T cannot involuntarily lose their rights to reside there, or, as a consequence, their rights of return to it, even if they develop territorially grounded conceptions of the good where they now reside. The contrary position fails to accord the unjustly displaced the respect due to them in virtue of their personal autonomy. Facts commonly alleged to justify the supersessi…
On the Concept of a Morally Relevant Harm
The author argues that only when the two harms are morally relevant to one another may an agent take into account the number of people he can save. He defends an orbital conception of morally relevant harm, according to which harms that fall within the ‘orbit’ of a given harm are relevant to it, while all other harms are not. The possibility of preventing a harm provides both a first-order reason to prevent that harm, and a second-order reason no…
The Duty to Obey the Law
Under what conditions, if any, do those the law addresses have a moral duty or obligation to obey it simply because it is the law? In this essay, I identify five general approaches to carrying out this task, and offer a somewhat detailed discussion of one or two examples of each approach. The approaches studied are: relational-role approaches that appeal to the fact that an agent occupies the role of member in the political community; attempts to…
Pragmatism and Associative Political Obligations
Proponents of an associative account of political obligation maintain that individuals bear certain moral duties simply in virtue of their membership in a particular political community. I defend this thesis by interpreting it as a metaethical claim that expresses or implicitly relies on a pragmatist account of the nature of normativity, justification, and knowledge. Such a defense has a number of virtues. First, it offers a compelling rationale …
Skeptical challenges to international law
International and domestic law offer a study in contrasts: States' legal obligations often depend on their consent to specific international legal norms, whereas domestic law applies to individuals with or without their consent; enforcement in international law is weak and, for many international treaties, non-existent, whereas states spend considerable resources to create centralized coercive enforcement mechanisms; and international law is char…
Debate
The Nature of Fairness and Political Obligation
A Contractualist Defense of Democratic Authority
The Duty to Obey the Law
Under what conditions, if any, do those the law addresses have a moral duty or obligation to obey it simply because it is the law? In this essay, I identify five general approaches to carrying out this task, and offer a somewhat detailed discussion of one or two examples of each approach. The approaches studied are: relational-role approaches that appeal to the fact that an agent occupies the role of member in the political community; attempts to…
On a Moral Right to Civil Disobedience
On the Concept of a Morally Relevant Harm
The author argues that only when the two harms are morally relevant to one another may an agent take into account the number of people he can save. He defends an orbital conception of morally relevant harm, according to which harms that fall within the ‘orbit’ of a given harm are relevant to it, while all other harms are not. The possibility of preventing a harm provides both a first-order reason to prevent that harm, and a second-order reason no…
Debate
The Principle of Fairness and States’ Duty to Obey International Law
I employ the principle of fairness to argue that many existing states have a moral duty to obey international law simply in virtue of its status as law. On this voluntarist interpretation of the principle of fairness, agents must accept (in a technical sense) the benefits of a cooperative scheme in order to acquire an obligation to contribute to that scheme’s operation. I contend that states can accept the benefits international law provides, and…
Autonomy, residence, and return
This article argues that those unjustly displaced from a particular territory T cannot involuntarily lose their rights to reside there, or, as a consequence, their rights of return to it, even if they develop territorially grounded conceptions of the good where they now reside. The contrary position fails to accord the unjustly displaced the respect due to them in virtue of their personal autonomy. Facts commonly alleged to justify the supersessi…
In Defense of Penalizing (but not Punishing) Civil Disobedience
Sources in Legal-Positivist Theories
This chapter begins by examining the case for legal positivism. Legal positivism is understood as the thesis that the existence of law is a matter of its social source, regardless of its merits. Descriptive, normative, and conceptual arguments are considered, with the aim of demonstrating that what follows for the sources of international law from the commitment to positivism depends on the specific defence offered for accepting it as an account …
Skeptical challenges to international law
International and domestic law offer a study in contrasts: States' legal obligations often depend on their consent to specific international legal norms, whereas domestic law applies to individuals with or without their consent; enforcement in international law is weak and, for many international treaties, non-existent, whereas states spend considerable resources to create centralized coercive enforcement mechanisms; and international law is char…
Between a Rock-Hard Reality and a Pious Wish Place
In the final chapter of Law’s Rule , his recently published tour de force on the nature, value, and viability of the rule of law, Gerald Postema defends the desirability, possibility, and actuality of an international rule of law. I contend that his attempt to defend the latter two claims fall short of what is needed, focusing in this essay on his argument for the possibility of a rule of law beyond state borders. Postema moves quickly from an ar…
A new philosophy for international legal skepticism
Ronald Dworkin maintains that a system of coercive government is a genuinely legal one if and only if it exhibits fidelity to a conception of the rule of law as valuable for the constitutive contribution it makes to the treatment of all its individual human subjects with equal concern and respect. This requires a particular type of institutional structure, namely one that satisfies the criteria that constitute government according to the rule of …
Pragmatism and Associative Political Obligations
Proponents of an associative account of political obligation maintain that individuals bear certain moral duties simply in virtue of their membership in a particular political community. I defend this thesis by interpreting it as a metaethical claim that expresses or implicitly relies on a pragmatist account of the nature of normativity, justification, and knowledge. Such a defense has a number of virtues. First, it offers a compelling rationale …
Law (13 obras) · Political science (13 obras) · Sociology (12 obras) · Law and economics (8 obras) · Political Philosophy and Ethics (8 obras) · Politics (8 obras) · Epistemology (7 obras) · Philosophy (7 obras) · War, Ethics, and Justification (6 obras) · Free Will and Agency (5 obras)