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Revamping Associative Obligations

The result's identifiers

  • Result code in IS VaVaI

    <a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F68378122%3A_____%2F18%3A00503723" target="_blank" >RIV/68378122:_____/18:00503723 - isvavai.cz</a>

  • Result on the web

  • DOI - Digital Object Identifier

Alternative languages

  • Result language

    angličtina

  • Original language name

    Revamping Associative Obligations

  • Original language description

    In Revamping Associative Obligations, Pavlakos asserts that Dworkin’s own view of associative obligations should be extended to bound- aries beyond the State and coercive institutions in general. Pavlakos criticizes the voluntaristic conception of State and International Law. Furthermore, Pavlakos asserts that practices, conventions, and facts cannot be the grounds of associative obligations. On the contrary, principles and norms are the grounds of associative obligations and coercion only acts as a trigger of these grounding principles and norms. This new conception gives space to a new conception of global justice and associative obligations, which are at the heart of International Law. Like Dworkin, Pavlakos defends the idea that associative obligations bind us in an inevitable manner for the only feature of being human beings. He tells us ‘a key congruence of non-voluntariness is that political obligation takes hold on citizens as a piecemeal approval of individual obligations, but instead as a general scheme of principle which ought to be presumed as forming a shared conception of legitimacy among the members of the political community’. Pavlakos argues that Dworkin’s limited conception of associative obligation to the State is due to his starting point, which is his concern for showing that the political and legal institutions ought to provide a justification for the coercion of the State. The puzzle is that this limited view of political obligation would entail that special relations towards others are reduced to the narrow interpretation of ‘proximity’, which requires affinity, kinship, or tribal allegiance. However, Pavlakos asserts that the model reverses the order of explanation between associative obligations and feelings of responsibility. According to this model, we first ‘come’ about others and then we incur the relevant obligations. The feeling of responsibility, Pavlakos tells us, is the result of being subject to normative reasons that ‘pull’ us towards associative obligations. He argues that the coercive imposition of obligations is only a trigger for binding associative obligation. Therefore, the scope of such associative obligations is determined by their grounding. Coercive facts, which are determined by the State, cannot explain the scope of political obligations.

  • Czech name

  • Czech description

Classification

  • Type

    C - Chapter in a specialist book

  • CEP classification

  • OECD FORD branch

    50501 - Law

Result continuities

  • Project

    <a href="/en/project/GA15-23955S" target="_blank" >GA15-23955S: THE ROLE OF PROPORTIONALITY IN CONSTITUTIONAL RIGHTS ADJUDICATION</a><br>

  • Continuities

    P - Projekt vyzkumu a vyvoje financovany z verejnych zdroju (s odkazem do CEP)

Others

  • Publication year

    2018

  • Confidentiality

    S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Data specific for result type

  • Book/collection name

    Dignity in the Legal and Political Philosophy of Ronald Dworkin

  • ISBN

    978-0199484171

  • Number of pages of the result

    24

  • Pages from-to

    337-360

  • Number of pages of the book

    512

  • Publisher name

    Oxford University Press India

  • Place of publication

    New Delhi

  • UT code for WoS chapter