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Buchanan pt 2.doc

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Department
Philosophy
Course
Philosophy 2810F/G
Professor
Jennifer Epp
Semester
Fall

Description
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 • 1. Unrealistic in a state oriented system where states will resist territorial loss. States have a legitimate moral interest in protecting territorial integrity • 2. Inco
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