A. John Simmons

This book completes A. John Simmons's exploration and development of Lockean moral and political philosophy, a project begun in The Lockean Theory of Rights. Here Simmons discusses the Lockean view of the nature of, grounds for, and limits on political relations between persons. Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Modern states claim rights of jurisdiction and control over particular geographical areas and their associated natural resources. Boundaries of Authority explores the possible moral bases for such territorial claims by states, in the process arguing that many of these territorial claims in fact lack any moral justification. The book maintains throughout that the requirement of states' justified authority over persons has normative priority over, and as a result severely restricts, the kinds of territorial rights that states can justifiably claim, and it argues that the mere effective administration of justice within a geographical area is insufficient to ground moral authority over residents of that area. The book argues that only a theory of territorial rights that takes seriously the morality of the actual history of states' acquisitions of power over land and the land's residents can adequately explain the nature and extent of states' moral rights over particular territories. Part I of the book examines the interconnections between states' claimed rights of authority over particular sets of subject persons and states' claimed authority to control particular territories. It contains an extended critique of the dominant

As its subtitle indicates, Democracy’s Discontent is a study of the political philosophies that have guided America’s public life. The “search” Michael Sandel describes has, in his view, temporarily come to a disappointing resolution in America’s acceptance of a liberal “public philosophy” that “cannot secure the liberty it promises” and has left Americans “discontented” with their “loss of self-government and the erosion of community”. This theme is unlikely to surprise readers familiar with Sandel’s earlier work. What may surprise them is how little of Sandel’s second book is devoted to his critique of liberal theory or to his defense of his favored “republican” alternative. Far less than 10 percent of the book is devoted to characterizing liberal and republican political philosophy and to argument concerning their relative theoretical virtues. The body of Democracy’s Discontent is a history of American Constitutional law and political/economic debate, from pre-Revolutionary times to the Clinton presidency, all designed to show that the republican vision that has animated so much of that history has been recently abandoned to our detriment, replaced by a liberal public philosophy whose dramatic failure in practice “recapitulates” its “poverty in theory”. Sandel’s history is lively and engaging, and many of his analyses are insightful and persuasive. But the looseness in his treatment of theory regularly infects the conclusions he draws from this history and undermines his efforts to show that American political practice indicts liberal political philosophy.

As its subtitle indicates, Democracy’s Discontent is a study of the political philosophies that have guided America’s public life. The “search” Michael Sandel describes has, in his view, temporarily come to a disappointing resolution in America’s acceptance of a liberal “public philosophy” that “cannot secure the liberty it promises” and has left Americans “discontented” with their “loss of self-government and the erosion of community”. This theme is unlikely to surprise readers familiar with Sandel’s earlier work. What may surprise them is how little of Sandel’s second book is devoted to his critique of liberal theory or to his defense of his favored “republican” alternative. Far less than 10 percent of the book is devoted to characterizing liberal and republican political philosophy and to argument concerning their relative theoretical virtues. The body of Democracy’s Discontent is a history of American Constitutional law and political/economic debate, from pre-Revolutionary times to the Clinton presidency, all designed to show that the republican vision that has animated so much of that history has been recently abandoned to our detriment, replaced by a liberal public philosophy whose dramatic failure in practice “recapitulates” its “poverty in theory”. Sandel’s history is lively and engaging, and many of his analyses are insightful and persuasive. But the looseness in his treatment of theory regularly infects the conclusions he draws from this history and undermines his efforts to show that American political practice indicts liberal political philosophy.

The problem of justifying legal punishment has been at the heart of legal and social philosophy from the very earliest recorded philosophical texts. However, despite several hundred years of debate, philosophers have not reached agreement about how legal punishment can be morally justified. That is the central issue addressed by the contributors to this volume. All of the essays collected here have been published in the highly respected journal Philosophy & Public Affairs. Taken together, they offer not only significant proposals for improving established theories of punishment and compelling arguments against long-held positions, but also ori-ginal and important answers to the question, "How is punishment to be justified?"Part I of this collection, "Justifications of Punishment," examines how any practice of punishment can be morally justified. Contributors include Jeffrie G. Murphy, Alan H. Goldman, Warren Quinn, C. S. Nino, and Jean Hampton. The papers in Part II, "Problems of Punishment," address more specific issues arising in established theories. The authors are Martha C. Nussbaum, Michael Davis, and A. John Simmons. In the final section, "Capital Punishment," contributors discuss the justifiability of capital punishment, one of the most debated philosophical topics of this century. Essayists include David A. Conway, Jeffrey H. Reiman, Stephen Nathanson, and Ernest van den Haag

John Locke's name is invariably included on lists of the modern fathers of social contract thought. This chapter begins with a brief discussion on the basics of social contract thought and the specific ways in which Locke's political philosophy participates in the social contract tradition. In Locke's day, and for well over a century before Locke, social contract theories almost always involved historical claims as well, with the precise relationship between the historical and normative wings of the theory varying considerably between theories. The political voluntarism of Locke's social contract theory is utterly non‐historical and thoroughly individualist. To join an existing society simply involves consenting to the standing terms of the social contract of that society. Locke voices the now familiar democratic insistence that representative government must involve only "fair and equal representation".

Contemporary political philosophers routinely assume that some form of the modern, territorial state must be justified and that in a justified state most of the claims that modern states make will be vindicated. The principal question for them is what form the state must take in order to achieve this justification. How minimal or extensive must the state be, how responsive to groups within its territories and to people without must it be, and so on. Christopher Morris’s An Essay on the Modern State argues, in effect, that political philosophers should take a step backward from this starting point, to first examine more carefully the state itself, its purported justifications, and the claims states typically make over people and territories. This seems to me exactly the right prescription for political philosophy, and Morris’s book is an excellent illustration of how this step might be taken. Morris’s approach not only brings contemporary preoccupations into closer contact with those of classical political philosophy, it also nicely shows just how the projects of mainstream contemporary political philosophy are related to those of more radical and revisionist theory.

Building on research regarding the influence of national identity salience on attitudes towards international institutions and the impact of nationalism on foreign policy preferences, in a case study of America, I explore the role of chauvinistic nationalism to understand its impact on attitudes towards international jurisdiction of punishment for alleged human rights violations by members of the American military. Using binomial regression of survey responses from the 2014 Cooperative Congressional Election Study, I find that respondents with higher levels of chauvinistic nationalist sentiment also have higher levels of opposition to the jurisdiction of international legal institutions to prosecute members of a nation’s military. This study is the first of its kind to offer a systematic and multivariate explanation for public opinion towards the jurisdiction of international human rights institutions over a nation’s armed forces using national survey data.

In this manuscript, “Intersectional Structural Stigma, Community Priorities, and Opportunities for Transgender Health Equity,” Poteat and Simmons outline the legal and policy barriers that impede efforts to end the HIV epidemic among transgender people in the South. They present qualitative and quantitative data from a community engaged research study conducted with transgender adults and other key stakeholders as well as finding from an analysis of policies impacting transgender people in both states. Violence prevention and decriminalization are highlighted as key policy initiatives that would advance health equity for transgender people.