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	<title>Comments on: Rights, permissions, duties &#8230;.</title>
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	<link>http://crookedtimber.org/2008/07/02/rights-permissions-duties/</link>
	<description>Out of the crooked timber of humanity, no straight thing was ever made</description>
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		<title>By: abb1</title>
		<link>http://crookedtimber.org/2008/07/02/rights-permissions-duties/comment-page-1/#comment-245128</link>
		<dc:creator>abb1</dc:creator>
		<pubDate>Fri, 04 Jul 2008 09:42:46 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=7030#comment-245128</guid>
		<description>Dave, what I meant is, I think, exactly what Chris meant in his post: fine in theory, extremely problematic in real life. 

My own humble contribution here is the observation that words like &quot;intervention&quot; (especially &quot;humanitarian&quot;), &quot;use of force&quot;, &quot;military action&quot; and even &quot;starting a war&quot; currently don&#039;t have the connotation of something extremely barbaric, like, say, the word &quot;torture&quot;. I feel that this confuses the issue.</description>
		<content:encoded><![CDATA[	<p>Dave, what I meant is, I think, exactly what Chris meant in his post: fine in theory, extremely problematic in real life.</p>

	<p>My own humble contribution here is the observation that words like &#8220;intervention&#8221; (especially &#8220;humanitarian&#8221;), &#8220;use of force&#8221;, &#8220;military action&#8221; and even &#8220;starting a war&#8221; currently don&#8217;t have the connotation of something extremely barbaric, like, say, the word &#8220;torture&#8221;. I feel that this confuses the issue.</p>
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		<title>By: Dave</title>
		<link>http://crookedtimber.org/2008/07/02/rights-permissions-duties/comment-page-1/#comment-245123</link>
		<dc:creator>Dave</dc:creator>
		<pubDate>Fri, 04 Jul 2008 09:17:21 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=7030#comment-245123</guid>
		<description>@32, alas, taking the logic evident there to its conclusion, no defensive alliance between two sovereign states should exist, or be acted upon, because however great the suffering inflicted by one country upon another, it will always be more likely that such suffering will grow if a third party is involved. And therefore, so long as one is the ruler of a strong state, one can confidently go about seizing and pillaging weaker states, safe in the knowledge that theorists have proved that anyone trying to stop you will just make things worse.

War is indeed, as general Sherman had it, all Hell, but there are circles of Hell, and I am fairly certain that the one containing cowards who stood by and justified a refusal to act against atrocities, under any circumstances, on the grounds that &#039;it will just make things worse&#039; is a deep pit indeed. But perhaps you didn&#039;t quite mean that?

p.s., I was unaware that, for example, the liberation of France in 1944 involved widespread rape and torture by the advancing allies. Evidence appreciated.</description>
		<content:encoded><![CDATA[	<p>@32, alas, taking the logic evident there to its conclusion, no defensive alliance between two sovereign states should exist, or be acted upon, because however great the suffering inflicted by one country upon another, it will always be more likely that such suffering will grow if a third party is involved. And therefore, so long as one is the ruler of a strong state, one can confidently go about seizing and pillaging weaker states, safe in the knowledge that theorists have proved that anyone trying to stop you will just make things worse.</p>

	<p>War is indeed, as general Sherman had it, all Hell, but there are circles of Hell, and I am fairly certain that the one containing cowards who stood by and justified a refusal to act against atrocities, under any circumstances, on the grounds that &#8216;it will just make things worse&#8217; is a deep pit indeed. But perhaps you didn&#8217;t quite mean that?</p>

	<p>p.s., I was unaware that, for example, the liberation of France in 1944 involved widespread rape and torture by the advancing allies. Evidence appreciated.</p>
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		<title>By: abb1</title>
		<link>http://crookedtimber.org/2008/07/02/rights-permissions-duties/comment-page-1/#comment-245111</link>
		<dc:creator>abb1</dc:creator>
		<pubDate>Fri, 04 Jul 2008 06:27:52 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=7030#comment-245111</guid>
		<description>Tom (29), 
&quot;&lt;i&gt;...that humanitarian intervention is in principle permitted...&lt;/i&gt;&quot; - I agree, of course. I can easily imagine a &lt;i&gt;hypothetical&lt;/i&gt; scenario where war is clearly the best solution. 

&quot;&lt;i&gt;...is unjust if it will cause harm out of proportion to the relevant good it will secure...&lt;/i&gt;&quot; - if that&#039;s the main criterion, then how is it different from Dershowitz&#039;s &quot;ticking bomb&quot; scenario? It seems to be exactly the same argument. 

In fact, your scenario even seems weaker, because while Mr. Dershowitz inflicts excruciating pain (though not disproportionally, using sterile needles only) &lt;i&gt;on the terrorist&lt;/i&gt;; your scenario, no matter how proportional the force is, is likely to kill, maim, rape, torture, etc. a bunch of innocent bystanders. Because that&#039;s what happens in wars.</description>
		<content:encoded><![CDATA[	<p>Tom (29),<br />
&#8220;<i>&#8230;that humanitarian intervention is in principle permitted&#8230;</i>&#8221; &#8211; I agree, of course. I can easily imagine a <i>hypothetical</i> scenario where war is clearly the best solution.</p>

	<p>&#8220;<i>&#8230;is unjust if it will cause harm out of proportion to the relevant good it will secure&#8230;</i>&#8221; &#8211; if that&#8217;s the main criterion, then how is it different from Dershowitz&#8217;s &#8220;ticking bomb&#8221; scenario? It seems to be exactly the same argument.</p>

	<p>In fact, your scenario even seems weaker, because while Mr. Dershowitz inflicts excruciating pain (though not disproportionally, using sterile needles only) <i>on the terrorist</i>; your scenario, no matter how proportional the force is, is likely to kill, maim, rape, torture, etc. a bunch of innocent bystanders. Because that&#8217;s what happens in wars.</p>
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		<title>By: Tom Hurka</title>
		<link>http://crookedtimber.org/2008/07/02/rights-permissions-duties/comment-page-1/#comment-245063</link>
		<dc:creator>Tom Hurka</dc:creator>
		<pubDate>Thu, 03 Jul 2008 18:16:44 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=7030#comment-245063</guid>
		<description>Chris:

Fair enough, and I&#039;ll agree that philosopher friends have been far too confident in their off-the-cuff judgements about particular wars. I was writing a newspaper column at the time of the 1991 Gulf War and felt compelled to have an opinion about it, which I found very difficult because the kinds of balancing required to decide whether the war was proportional and/or a last resort demanded a kind of skill in judgement, let alone knowledge of the facts, that I as a professional philosopher didn&#039;t think I had.

You may not agree with this example, but I think Michael Walzer, though not (as he himself admits) the greatest abstract philosopher, often shows very good judgement on these types of questions.</description>
		<content:encoded><![CDATA[	<p>Chris:</p>

	<p>Fair enough, and I&#8217;ll agree that philosopher friends have been far too confident in their off-the-cuff judgements about particular wars. I was writing a newspaper column at the time of the 1991 Gulf War and felt compelled to have an opinion about it, which I found very difficult because the kinds of balancing required to decide whether the war was proportional and/or a last resort demanded a kind of skill in judgement, let alone knowledge of the facts, that I as a professional philosopher didn&#8217;t think I had.</p>

	<p>You may not agree with this example, but I think Michael Walzer, though not (as he himself admits) the greatest abstract philosopher, often shows very good judgement on these types of questions.</p>
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		<title>By: Chris Bertram</title>
		<link>http://crookedtimber.org/2008/07/02/rights-permissions-duties/comment-page-1/#comment-245054</link>
		<dc:creator>Chris Bertram</dc:creator>
		<pubDate>Thu, 03 Jul 2008 16:55:43 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=7030#comment-245054</guid>
		<description>Tom H: I agree with you until your final sentence.

If, when you write

_And I think most philosophers writing on the topic have been perfectly aware of that._

you mean that most professional philosophers writing scholarly papers in journals etc have indicated an awareness of the point, then that&#039;s still correct.

But philosophers don&#039;t just contribute through &quot;writing on the topic&quot; in that sense, but also through educating students, and through influencing debate in the media, on blogs and in other places (and in their ordinary conversation  on policy matters). In those places, I think the vices I&#039;m worrying about are far more evident.

I&#039;d also add that the fact that people acknowledge the fact that philosophers can&#039;t settle question X, agree that real-world information is required, &amp;c, doesn&#039;t establish that they do actually give those extra-philosophical considerations the weight they should.</description>
		<content:encoded><![CDATA[	<p>Tom H: I agree with you until your final sentence.</p>

	<p>If, when you write</p>

	<p><em>And I think most philosophers writing on the topic have been perfectly aware of that.</em></p>

	<p>you mean that most professional philosophers writing scholarly papers in journals etc have indicated an awareness of the point, then that&#8217;s still correct.</p>

	<p>But philosophers don&#8217;t just contribute through &#8220;writing on the topic&#8221; in that sense, but also through educating students, and through influencing debate in the media, on blogs and in other places (and in their ordinary conversation  on policy matters). In those places, I think the vices I&#8217;m worrying about are far more evident.</p>

	<p>I&#8217;d also add that the fact that people acknowledge the fact that philosophers can&#8217;t settle question X, agree that real-world information is required, &#038;c, doesn&#8217;t establish that they do actually give those extra-philosophical considerations the weight they should.</p>
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		<title>By: Tom Hurka</title>
		<link>http://crookedtimber.org/2008/07/02/rights-permissions-duties/comment-page-1/#comment-245050</link>
		<dc:creator>Tom Hurka</dc:creator>
		<pubDate>Thu, 03 Jul 2008 16:29:11 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=7030#comment-245050</guid>
		<description>The abstract, philosophical theory of justice in war contains conditions about, e.g. proportionality, which say the resort to force is unjust if it will cause harm out of proportion to the relevant good it will secure. Applying that condition requires, and is known to require, all sorts of real-world information.

The philosophical literature on humanitarian intervention has mostly addressed the prior question of whether, proportionality apart, such intervention is in principle forbidden (as e.g. the UN Charter claims) or can in certain circumstances be permitted.

But the latter question has always been discussed with the caveat &quot;proportionality and other similar conditions permitting,&quot; and it&#039;s been understood that whether those conditions are satisfied isn&#039;t something philosophers can settle.

You can believe (I certainly do) that humanitarian intervention is in principle permitted, i.e. can be a just cause for war, even though many and even most such real-world interventions would be unjust  because they would cause excessive or unnecessary harm. And I think most philosophers writing on the topic have been perfectly aware of that.</description>
		<content:encoded><![CDATA[	<p>The abstract, philosophical theory of justice in war contains conditions about, e.g. proportionality, which say the resort to force is unjust if it will cause harm out of proportion to the relevant good it will secure. Applying that condition requires, and is known to require, all sorts of real-world information.</p>

	<p>The philosophical literature on humanitarian intervention has mostly addressed the prior question of whether, proportionality apart, such intervention is in principle forbidden (as e.g. the <span class="caps">UN </span>Charter claims) or can in certain circumstances be permitted.</p>

	<p>But the latter question has always been discussed with the caveat &#8220;proportionality and other similar conditions permitting,&#8221; and it&#8217;s been understood that whether those conditions are satisfied isn&#8217;t something philosophers can settle.</p>

	<p>You can believe (I certainly do) that humanitarian intervention is in principle permitted, i.e. can be a just cause for war, even though many and even most such real-world interventions would be unjust  because they would cause excessive or unnecessary harm. And I think most philosophers writing on the topic have been perfectly aware of that.</p>
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		<title>By: novakant</title>
		<link>http://crookedtimber.org/2008/07/02/rights-permissions-duties/comment-page-1/#comment-245048</link>
		<dc:creator>novakant</dc:creator>
		<pubDate>Thu, 03 Jul 2008 16:26:58 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=7030#comment-245048</guid>
		<description>Expanding on what Vivian said, these questions (theory vs &#039;real world&#039;, the normative vs the factual, the general vs. the individual) have of course been around since more or less the beginning of philosophy. And not only that, but discussing such questions has traditionally been a major part of what philosophers actually preoccupied themselves with and thus philosophy  is one of the most self-critical disciplines around. From my experience, philosophers tend to be rather more aware and critical of their methodology than both social and natural scientists. So I&#039;m a bit at a loss as to why philosophy as a discipline should suddenly be incapable of dealing with these problems. An interdisciplinary exchange with the social and natural sciences is certainly beneficial and probably necessary, painting caricatures of quixotic philosophers not so much.</description>
		<content:encoded><![CDATA[	<p>Expanding on what Vivian said, these questions (theory vs &#8216;real world&#8217;, the normative vs the factual, the general vs. the individual) have of course been around since more or less the beginning of philosophy. And not only that, but discussing such questions has traditionally been a major part of what philosophers actually preoccupied themselves with and thus philosophy  is one of the most self-critical disciplines around. From my experience, philosophers tend to be rather more aware and critical of their methodology than both social and natural scientists. So I&#8217;m a bit at a loss as to why philosophy as a discipline should suddenly be incapable of dealing with these problems. An interdisciplinary exchange with the social and natural sciences is certainly beneficial and probably necessary, painting caricatures of quixotic philosophers not so much.</p>
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		<title>By: Peter K.</title>
		<link>http://crookedtimber.org/2008/07/02/rights-permissions-duties/comment-page-1/#comment-245043</link>
		<dc:creator>Peter K.</dc:creator>
		<pubDate>Thu, 03 Jul 2008 15:25:42 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=7030#comment-245043</guid>
		<description>Chris Bertram:

&quot;So, in asking what the policy of a liberal state should be, we proceed as if the actual states in which we live “liberal democracies” approximate that moral ideal rather closely. (They don’t.) &quot;

The Cold War is long gone and these kids don&#039;t have a memory of it and how bad the West behaved in the name of fighting Communism. Some people are just stuck in the 60s.

&lt;a href=&quot;http://en.wikipedia.org/wiki/Landscape_with_the_Fall_of_Icarus&quot; rel=&quot;nofollow&quot;&gt;And these kids are idealistic and see the older generation and the government as complacent.&lt;/a&gt;

I fucking hate the name &quot;Decent.&quot;</description>
		<content:encoded><![CDATA[	<p>Chris Bertram:</p>

	<p>&#8220;So, in asking what the policy of a liberal state should be, we proceed as if the actual states in which we live &#8220;liberal democracies&#8221; approximate that moral ideal rather closely. (They don&#8217;t.) &#8221;</p>

	<p>The Cold War is long gone and these kids don&#8217;t have a memory of it and how bad the West behaved in the name of fighting Communism. Some people are just stuck in the 60s.</p>

	<p><a href="http://en.wikipedia.org/wiki/Landscape_with_the_Fall_of_Icarus" rel="nofollow">And these kids are idealistic and see the older generation and the government as complacent.</a></p>

	<p>I fucking hate the name &#8220;Decent.&#8221; </p>
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		<title>By: Brownie</title>
		<link>http://crookedtimber.org/2008/07/02/rights-permissions-duties/comment-page-1/#comment-245020</link>
		<dc:creator>Brownie</dc:creator>
		<pubDate>Thu, 03 Jul 2008 13:33:11 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=7030#comment-245020</guid>
		<description>Jokic, Aleksandar and Wilkins, Burleigh [Editors] (2003) Humanitarian Intervention As a Moral and Philosophical Issue (Broadview Press)</description>
		<content:encoded><![CDATA[	<p>Jokic, Aleksandar and Wilkins, Burleigh [Editors] (2003) Humanitarian Intervention As a Moral and Philosophical Issue (Broadview Press)</p>
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		<title>By: matt</title>
		<link>http://crookedtimber.org/2008/07/02/rights-permissions-duties/comment-page-1/#comment-245016</link>
		<dc:creator>matt</dc:creator>
		<pubDate>Thu, 03 Jul 2008 13:03:09 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=7030#comment-245016</guid>
		<description>David Miller, in his new book _National Responsibility and Global Justice_ discusses some of these ideas in a quite interesting and useful (if not completely right, I think) way.  He doesn&#039;t offer a fully worked out view, of course, and it&#039;s not the place of philosophers to offer particular policy recommendations, but he does start working out an interesting account of when, how, and to what degree various types of intervention can be required.  It&#039;s quite a good book over all- much more careful than a lot of work on global justice- and worth looking at, especially, perhaps, for those inclined not to agree with him.  (On at least some things that includes me.)</description>
		<content:encoded><![CDATA[	<p>David Miller, in his new book <em>National Responsibility and Global Justice</em> discusses some of these ideas in a quite interesting and useful (if not completely right, I think) way.  He doesn&#8217;t offer a fully worked out view, of course, and it&#8217;s not the place of philosophers to offer particular policy recommendations, but he does start working out an interesting account of when, how, and to what degree various types of intervention can be required.  It&#8217;s quite a good book over all- much more careful than a lot of work on global justice- and worth looking at, especially, perhaps, for those inclined not to agree with him.  (On at least some things that includes me.)</p>
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		<title>By: Brownie</title>
		<link>http://crookedtimber.org/2008/07/02/rights-permissions-duties/comment-page-1/#comment-245014</link>
		<dc:creator>Brownie</dc:creator>
		<pubDate>Thu, 03 Jul 2008 12:53:58 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=7030#comment-245014</guid>
		<description>&lt;i&gt;Meanwhile, 12 raises the horrible possibility of second-generation Decents.&lt;/i&gt;

It&#039;s worse than you think. I&#039;m having my vasectomy reversed.</description>
		<content:encoded><![CDATA[	<p><i>Meanwhile, 12 raises the horrible possibility of second-generation Decents.</i></p>

	<p>It&#8217;s worse than you think. I&#8217;m having my vasectomy reversed.</p>
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		<title>By: qb</title>
		<link>http://crookedtimber.org/2008/07/02/rights-permissions-duties/comment-page-1/#comment-245013</link>
		<dc:creator>qb</dc:creator>
		<pubDate>Thu, 03 Jul 2008 12:53:53 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=7030#comment-245013</guid>
		<description>Alex, technical terms don&#039;t require crystal clear extension to be theoretically useful.  Some judicious stipulation allows us to talk about things and events in general terms by cutting down on complexity--it need not deny that such complexity exists.  It&#039;s not like there are any such &quot;things&quot; as abstract, ideal-type &quot;intellectual enterprises,&quot; &quot;points of departure,&quot; or &quot;horrible possibilities&quot; either.

Moreover, even if all things &quot;humanitarian intervention&quot; fell within the purview of just war theory, which they don&#039;t, you seem to be under the mistaken impression that the just war tradition presents something like a coherent, unified account of the morality of war, which it doesn&#039;t.  For that matter, the questions just war theorists address are considerably more interesting and difficult than deciding whether or not Iraq is a disaster.

Just because you aren&#039;t interested in a subject doesn&#039;t mean other people shouldn&#039;t talk about it.   Frankly, there are many intellectual enterprises we need less than just war theory, and blog commentary about which intellectual enterprises are worthwhile is one of them.</description>
		<content:encoded><![CDATA[	<p>Alex, technical terms don&#8217;t require crystal clear extension to be theoretically useful.  Some judicious stipulation allows us to talk about things and events in general terms by cutting down on complexity&#8212;it need not deny that such complexity exists.  It&#8217;s not like there are any such &#8220;things&#8221; as abstract, ideal-type &#8220;intellectual enterprises,&#8221; &#8220;points of departure,&#8221; or &#8220;horrible possibilities&#8221; either.</p>

	<p>Moreover, even if all things &#8220;humanitarian intervention&#8221; fell within the purview of just war theory, which they don&#8217;t, you seem to be under the mistaken impression that the just war tradition presents something like a coherent, unified account of the morality of war, which it doesn&#8217;t.  For that matter, the questions just war theorists address are considerably more interesting and difficult than deciding whether or not Iraq is a disaster.</p>

	<p>Just because you aren&#8217;t interested in a subject doesn&#8217;t mean other people shouldn&#8217;t talk about it.   Frankly, there are many intellectual enterprises we need less than just war theory, and blog commentary about which intellectual enterprises are worthwhile is one of them.</p>
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		<title>By: Alex</title>
		<link>http://crookedtimber.org/2008/07/02/rights-permissions-duties/comment-page-1/#comment-245001</link>
		<dc:creator>Alex</dc:creator>
		<pubDate>Thu, 03 Jul 2008 09:34:49 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=7030#comment-245001</guid>
		<description>Frankly, if there is any intellectual enterprise we don&#039;t need, it&#039;s yet more consideration of &quot;humanitarian intervention&quot; taken in the abstract, as if there possibly could be any such thing as an abstract, ideal type international crisis or military operation. Whatever you set up as points of departure, they&#039;re going to end up back at just war, and Iraq is still going to be a disaster.

Meanwhile, 12 raises the horrible possibility of second-generation Decents.</description>
		<content:encoded><![CDATA[	<p>Frankly, if there is any intellectual enterprise we don&#8217;t need, it&#8217;s yet more consideration of &#8220;humanitarian intervention&#8221; taken in the abstract, as if there possibly could be any such thing as an abstract, ideal type international crisis or military operation. Whatever you set up as points of departure, they&#8217;re going to end up back at just war, and Iraq is still going to be a disaster.</p>

	<p>Meanwhile, 12 raises the horrible possibility of second-generation Decents.</p>
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		<title>By: Chris Bertram</title>
		<link>http://crookedtimber.org/2008/07/02/rights-permissions-duties/comment-page-1/#comment-244985</link>
		<dc:creator>Chris Bertram</dc:creator>
		<pubDate>Thu, 03 Jul 2008 04:50:51 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=7030#comment-244985</guid>
		<description>Vivian: Obviously I&#039;m not unaware either that there are philosophers who are straightforward consequentialists or that there are philosophers who successfully avoid the pathologies I was trying to describe. Buchanan would, I agree, be a good example of the latter (in fact I had him in mind when writing the post).</description>
		<content:encoded><![CDATA[	<p>Vivian: Obviously I&#8217;m not unaware either that there are philosophers who are straightforward consequentialists or that there are philosophers who successfully avoid the pathologies I was trying to describe. Buchanan would, I agree, be a good example of the latter (in fact I had him in mind when writing the post).</p>
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		<title>By: curious grad student</title>
		<link>http://crookedtimber.org/2008/07/02/rights-permissions-duties/comment-page-1/#comment-244984</link>
		<dc:creator>curious grad student</dc:creator>
		<pubDate>Thu, 03 Jul 2008 04:42:17 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=7030#comment-244984</guid>
		<description>As someone who&#039;s very sympathetic to the thrust of the post and concerned generally with the relationship between theory and practice, I&#039;m curious if anyone has any recommendations of recent work in political philosophy that treats these issues at greater length than a blog post. All suggestions are appreciated.</description>
		<content:encoded><![CDATA[	<p>As someone who&#8217;s very sympathetic to the thrust of the post and concerned generally with the relationship between theory and practice, I&#8217;m curious if anyone has any recommendations of recent work in political philosophy that treats these issues at greater length than a blog post. All suggestions are appreciated.</p>
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