Buchanan pt 2.doc

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Published on 18 Sep 2012
School
Western University
Department
Philosophy
Course
Philosophy 2810F/G
Professor
WEEK 5 LECT 2
ASSOCIATIVE PRIMARY RIGHT THEORIES
substantial majority required
ability to marhsall necessary resources
justification: government coercive force is legitimate only given actual consent pre-
sumed only given a right to secede
new state ability to serve government function
EVALUATION CRITERIA
1. Morally Progressive Minimal Realism
- good chance to future adoption via international law making process
what kind of rules should be internationally institutionalized?
- moral target better than status quo
- a theory must be minimally realist and morally progressive in order or secede
R2P vs abolishing sovereignty
2. Consistent with Morally Progressive, Well-entrenched international law?
- and especially not contradiction or undermining
- eg. principle of respect for sovereignty interpreted via R2P
3. Absence of Perverse Incentives
- acceptance should not encourage behavior that undermines morally sound princi-
ples of international law or pursuit of morally progressive solutions to conflict resolution
- incentivize by conferring legitimacy; if the theory gives states reasons to do morally
bad things or if accepting the thing leads to morally bad things we shouldn't accept it.
Accepting claims of successions or making rules about it tells us which kinds of actions
by states are legitimate, and if an action by a state is legitimate it means that anyone
who objects has no recourse in international law (they cant go to the ICC and complain)
they cant say to other states hey this state is beating up on us if that kind of action is al-
lowed. We incentivize by creating legitimacy, CLaims to sucession are not legitimate,
claims for sovereignty are. There are economic reasons for not wanting a territory to se-
cede
4. Moral Accessibility
- justifiable using public reason
- since international law compliance is largely voluntary
the world is like a collection of states that are the primary actors in our world
PRIMARY RIGHT THEORIES
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Document Summary

Associative primary right theories substantial majority required ability to marhsall necessary resources justification: government coercive force is legitimate only given actual consent pre- sumed only given a right to secede new state ability to serve government function. Good chance to future adoption via international law making process. Eg. principle of respect for sovereignty interpreted via r2p: absence of perverse incentives. Acceptance should not encourage behavior that undermines morally sound princi- ples of international law or pursuit of morally progressive solutions to conflict resolution. Incentivize by conferring legitimacy; if the theory gives states reasons to do morally bad things or if accepting the thing leads to morally bad things we shouldn"t accept it. We incentivize by creating legitimacy, claims to sucession are not legitimate, claims for sovereignty are. There are economic reasons for not wanting a territory to se- cede: moral accessibility.

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