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  1. The Bellwether of Oppression: Anger, Critique, and Resistance.Jasper Friedrich - forthcoming - Hypatia.
    Feminists have long argued that emotions have a rightful place in politics. Anger, specifically, is often said to play a crucial role in alerting people to oppression and motivating resistance. The task of this paper is to elaborate these claims and to outline a conception of the political value of anger. In doing so, I argue against the view that anger is valuable if and because it expresses a sound moral judgment. Instead, we should see rage, in the first place, (...)
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  2. On domination: toward a status-centric view.Thomas M. Besch - manuscript
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  3. When are choices, actions, and consent based on adaptive preferences nonautonomous?Richard Pettigrew - manuscript
    Adaptive preferences give rise to puzzles in ethics, political philosophy, decision theory, and the theory of action. Like our other preferences, adaptive preferences lead us to make choices, take action, and give consent. In 'False Consciousness for Liberals', recently published in The Philosophical Review, David Enoch (2020) proposes a criterion by which to identify when these choices, actions, and acts of consent are less than fully autonomous; that is, when they suffer from what Natalie Stoljar (2014) calls an 'autonomy deficit'. (...)
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  4. Toward an Expressivist View of Women's Autonomy.Laura Martin - forthcoming - Ergo.
    Feminists debate whether women can autonomously embrace their own subordination. Some argue that it is the process of identifying with desires and values that matters; others, that it is the content of the desires and values that matters. In this paper, I introduce a novel class of cases of ‘thwarted autonomy,’ in which women pursue autonomy but in ways that reinforce gendered subordination, and draw on these cases to develop an expressivist view of women’s autonomy. On this view, agents must (...)
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  5. The Epistemic Dimensions of Civil Disobedience.Alexander Bryan - forthcoming - Journal of Political Philosophy.
    Journal of Political Philosophy, EarlyView.
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  6. Suicide as Protest.Antti Kauppinen - forthcoming - In Michael Cholbi & Paolo Stellino (eds.), Oxford Handbook of the Philosophy of Suicide. Oxford University Press.
    While suicide is typically associated with personal despair, people do sometimes kill themselves in the hope or expectation that their death will advance a political cause by way of its impact on the conscience of others, or in extreme cases simply as an expression of protest against a status quo felt to be unjust. Paradigm cases of such protest suicide may be public acts of self-immolation. This chapter distinguishes between instrumental and expressive protest suicide, examines the possible motivations behind them, (...)
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  7. Is affirmative action racist? Reflections toward a theory of institutional racism.César Cabezas - 2022 - Journal of Social Philosophy 54 (2):218-235.
    I defend impact-based accounts of institutional racism against the criticism that they are over-inclusive. If having a negative impact on non-whites suffices to make an institution racist, too many institutions (including institutions whose affirmative action policies inadvertently harm its intended beneficiaries) would count as racist. To address this challenge, I consider a further necessary condition for these institutions to count as racist—they must stand in a particular relation to racist ideology. I argue that, on the impact-based model, institutions are racist (...)
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  8. Using Art to Resist Epistemic Injustice: The Aesthetics of the Oppressed and Democratic Freedom.Gustavo H. Dalaqua - 2020 - Contention 8 (1):93-114.
    This article argues that the aesthetics of the oppressed—a series of artistic practices elaborated by Augusto Boal (1931-2009) that comprises the theatre of the oppressed, the rainbow of desire technique, and legislative theatre—utilizes art in order to resist epistemic injustice and promote democratic freedom.
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  9. The Czech Republic: From the Center of Christendom to the Most Atheist Nation of the 21st Century. Part 1. The Persecuted Church: The Clandestine Catholic Church (Ecclesia Silentii) in Czechoslovakia During Communism 1948-1991.Scott Vitkovic - 2023 - Occasional Papers on Religion in Eastern Europe (Opree) 43 (1):18 - 59.
    This research examines the most important historical, political, economic, social, cultural, and religious factors before, during, and after the reign of Communism in Czechoslovakia from 1918 to 2021 and their effect on the extreme increase in atheism and decrease in Christianity, particularly Roman Catholicism, in the present-day Czech Republic. It devotes special attention to the role of the Clandestine Catholic Church (Ecclesia Silentii) and the changing policies of the Holy See vis-à-vis this Church, examining these policies' impact on the continuing (...)
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  10. O que é opressão?Gustavo Hessmann Dalaqua - 2020 - In Janaina Abreu & Paulo Roberto Padilha (eds.), Aprenda a dizer a sua palavra. São Paulo: Instituto Paulo Freire. pp. 81-88.
    Trata-se de elaborar um conceito de opressão mediante engajamento crítico com a filosofia de Paulo Freire e explorar quatro aspectos da opressão: 1) hierarquização social; 2) injustiça epistêmica; 3) injustiça estética; 4) sujeição a um poder arbitrário.
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  11. Beyond adaptive preferences: Rethinking women's complicity in their own subordination.Charlotte Knowles - 2021 - European Journal of Philosophy 30 (4):1317–1334.
    An important question confronting feminist philosophers is why women are sometimes complicit in their own subordination. The dominant view holds that complicity is best understood in terms of adaptive preferences. This view assumes that agents will naturally gravitate away from subordination and towards flourishing as long as they do not have things imposed on them that disrupt this trajectory. However, there is reason to believe that ‘impositions’ do not explain all of the ways in which complicity can arise. This paper (...)
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  12. ’Liberalism and / or Socialism?’ The Wrong Question?Scott Scheall - forthcoming - In Stéphane Guy (ed.), Liberalism and Socialism since the Nineteenth Century: Tensions, Exchanges and Convergences. London: Palgrave.
    Political questions are typically framed in normative terms, in terms of the political actions that we (or our political representatives) “ought” to take or, alternatively, in terms of the political philosophies that “should” inform our political actions. “Should we be liberals or socialists, or should we (somehow) combine liberalism and socialism?” -/- Such questions are typically posed and debates around such questions emerge with little, if any, prior consideration of a question that is, logically speaking, more fundamental: “What can we (...)
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  13. Counterspeech.Bianca Cepollaro, Maxime Lepoutre & Robert Mark Simpson - 2022 - Philosophy Compass 18 (1):e12890.
    Counterspeech is communication that tries to counteract potential harm brought about by other speech. Theoretical interest in counterspeech partly derives from a libertarian ideal – as captured in the claim that the solution to bad speech is more speech – and partly from a recognition that well-meaning attempts to counteract harm through speech can easily misfire or backfire. Here we survey recent work on the question of what makes counterspeech effective at remedying or preventing harm, in those cases where it (...)
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  14. Parks and Recreation.Shen-yi Liao - 2022 - APA Studies in Feminism and Philosophy 22 (1):3-7.
    In this contribution to the symposium on Quill Kukla's _City Living_, I argue that the "objective properties" invisibly built into playgrounds can limit children's development of their agency. Playgrounds may seem insignificant because play may seem insignificant. However, playgrounds are where children develop as agents: it is through play that they learn to make decisions about their own bodies, express their own values, and negotiate with others. Yet at the playground, there is co-dependence between social practice and material object: the (...)
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  15. Ghost-Written Lives: Autonomy, Deference, and Self-Authorship.Michael Garnett - 2022 - Ethics 133 (2):189–215.
    Certain forms of practical deference seem to be incompatible with personal autonomy. I argue that such deference undermines autonomy not by compromising the governance of an authentic self, nor by constituting a failure to track objective reasons, but by constituting a particular social relation: one of interpersonal rule. I analyse this social relation and distinguish it from others, including ordinary relations of love and care. Finally, I argue that the particular form of interpersonal rule constituted by dispositions of practical deference (...)
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  16. Audre Lorde’s Erotic as Epistemic and Political Practice.Caleb Ward - 2023 - Hypatia 38 (4):896–917.
    Audre Lorde’s account of the erotic is one of her most widely celebrated contributions to political theory and feminist activism, but her explanation of the term in her brief essay “Uses of the Erotic” is famously oblique and ambiguous. This article develops a detailed, textually grounded interpretation of Lorde’s erotic, based on an analysis of how Lorde’s essay brings together commitments expressed across her work. I describe four integral elements of Lorde’s erotic: feeling, knowledge, power, and concerted action. The erotic (...)
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  17. Resisting Pessimism Traps: The Limits of Believing in Oneself.Jennifer M. Morton - 2021 - Wiley: Philosophy and Phenomenological Research 104 (3):728-746.
    Philosophy and Phenomenological Research, Volume 104, Issue 3, Page 728-746, May 2022.
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  18. Making Sense of Shame in Response to Racism.Aness Kim Webster - 2021 - Canadian Journal of Philosophy 51 (7):535-550.
    Some people of colour feel shame in response to racist incidents. This phenomenon seems puzzling since, plausibly, they have nothing to feel shame about. This puzzle arises because we assume that targets of racism feel shame about their race. However, I propose that when an individual is racialised as non-White in a racist incident, shame is sometimes prompted, not by a negative self-assessment of her race, but by her inability to choose when her stigmatised race is made salient. I argue (...)
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  19. Clarifying our duties to resist.Chong-Ming Lim - forthcoming - Inquiry: An Interdisciplinary Journal of Philosophy 1.
    According to a prominent argument, citizens in unjust societies have a duty to resist injustice. The moral and political principles that ground the duty to obey the law in just or nearly just conditions, also ground the duty to resist in unjust conditions. This argument is often applied to a variety of unjust conditions. In this essay, I critically examine this argument, focusing on conditions involving institutionally entrenched and socially normalised injustice. In such conditions, the issue of citizens’ duties to (...)
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  20. Materializing Systemic Racism, Materializing Health Disparities.Vanessa Carbonell & Shen-yi Liao - 2021 - American Journal of Bioethics 21 (9):16-18.
    The purpose of cultural competence education for medical professionals is to ensure respectful care and reduce health disparities. Yet as Berger and Miller (2021) show, the cultural competence framework is dated, confused, and self-defeating. They argue that the framework ignores the primary driver of health disparities—systemic racism—and is apt to exacerbate rather than mitigate bias and ethnocentrism. They propose replacing cultural competence with a framework that attends to two social aspects of structural inequality: health and social policy, and institutional-system activity; (...)
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  21. Oppression, Speech, and Mitsein in Margaret Atwood’s The Handmaid's Tale.Robert Luzecky - 2017 - Clio: A Journal of Literature, History, and the Philosophy of History 3 (46).
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  22. Oppressive Things.Shen-yi Liao & Bryce Huebner - 2020 - Philosophy and Phenomenological Research 103 (1):92-113.
    In analyzing oppressive systems like racism, social theorists have articulated accounts of the dynamic interaction and mutual dependence between psychological components, such as individuals’ patterns of thought and action, and social components, such as formal institutions and informal interactions. We argue for the further inclusion of physical components, such as material artifacts and spatial environments. Drawing on socially situated and ecologically embedded approaches in the cognitive sciences, we argue that physical components of racism are not only shaped by, but also (...)
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  23. Stereotyping as Discrimination: Why Thoughts Can Be Discriminatory.Erin Beeghly - 2021 - Social Epistemology 35 (6):547-563.
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  24. The Epistemic Role of Outlaw Emotions.Laura Silva - 2021 - Ergo 8 (23).
    Outlaw emotions are emotions that stand in tension with one’s wider belief system, often allowing epistemic insight one may have otherwise lacked. Outlaw emotions are thought to play crucial epistemic roles under conditions of oppression. Although the crucial epistemic value of these emotions is widely acknowledged, specific accounts of their epistemic role(s) remain largely programmatic. There are two dominant accounts of the epistemic role of emotions: The Motivational View and the Justificatory View. Philosophers of emotion assume that these dominant ways (...)
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  25. Is Anger a Hostile Emotion?Laura Silva - 2021 - Review of Philosophy and Psychology.
    In this article I argue that characterizations of anger as a hostile emotion may be mistaken. My project is empirically informed and is partly descriptive, partly diagnostic. It is descriptive in that I am concerned with what anger is, and how it tends to manifest, rather than with what anger should be or how moral anger is manifested. The orthodox view on anger takes it to be, descriptively, an emotion that aims for retribution. This view fits well with anger being (...)
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  26. Responsibility in Cases of Structural and Personal Complicity: A Phenomenological Analysis.Charlotte Knowles - 2021 - The Monist 104 (2):224-237.
    In cases of complicity in one’s own unfreedom and in structural injustice, it initially appears that agents are only vicariously responsible for their complicity because of the roles circumstantial and constitutive luck play in bringing about their complicity. By drawing on work from the phenomenological tradition, this paper rejects this conclusion and argues for a new responsive sense of agency and responsibility in cases of complicity. Highlighting the explanatory role of stubbornness in cases of complicity, it is argued that although (...)
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  27. Subordinating Speech and the Construction of Social Hierarchies.Michael Randall Barnes - 2019 - Dissertation, Georgetown University
    This dissertation fits within the literature on subordinating speech and aims to demonstrate that how language subordinates is more complex than has been described by most philosophers. I argue that the harms that subordinating speech inflicts on its targets (chapter one), the type of authority that is exercised by subordinating speakers (chapters two and three), and the expansive variety of subordinating speech acts themselves (chapter three) are all under-developed subjects in need of further refinement—and, in some cases, large paradigm shifts. (...)
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  28. Freedom as Critique. Foucault Beyond Anarchism.Karsten Schubert - 2020 - Philosophy and Social Criticism 46.
    Foucault's theory of power and subjectification challenges common concepts of freedom in social philosophy and expands them through the concept of 'freedom as critique': Freedom can be defined as the capability to critically reflect one's own subjectification, and the conditions of possibility for this critical capacity lie in political and social institutions. The article develops this concept through a critical discussion of the standard response by Foucault interpreters to the standard objection that Foucault's thinking obscures freedom. The standard response interprets (...)
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  29. Microaggression: Conceptual and scientific issues.Emma McClure & Regina Rini - 2020 - Philosophy Compass 15 (4):e12659.
    Scientists, philosophers, and policymakers disagree about how to define microaggression. Here, we offer a taxonomy of existing definitions, clustering around (a) the psychological motives of perpetrators, (b) the experience of victims, and (c) the functional role of microaggression in oppressive social structures. We consider conceptual and epistemic challenges to each and suggest that progress may come from developing novel hybrid accounts of microaggression, combining empirically tractable features with sensitivity to the testimony of victims.
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  30. "...Lehetetlen úgy megváltoztatni a jelent, hogy ne változtassuk meg a múltat" - Losoncz Alpárral Tóth Szilárd János és Kocsis Árpád beszélget.Szilárd János Tóth, Árpád Kocsis & Alpár Losoncz - 2019 - Híd 86 (10):5-19.
    Interjú az Új Symposion örökségéről, Jugoszláviáról, a vajdasági magyarság baloldali radikális hagyományáról, az avantgárdról stb.
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  31. A Radical Revolution in Thought: Frederick Douglass on the Slave’s Perspective on Republican Freedom.Alan M. S. J. Coffee - 2020 - In Bruno Leipold, Karma Nabulsi & Stuart White (eds.), Radical Republicanism: Recovering the Tradition's Popular Heritage. Oxford, UK: pp. 47-64.
    While the image of the slave as the antithesis of the freeman is central to republican freedom, it is striking to note that slaves themselves have not contributed to how this condition is understood. The result is a one-sided conception of both freedom and slavery, which leaves republicanism unable to provide an equal and robust protection for historically outcast people. I draw on the work of Frederick Douglass – long overlooked as a significant contributor to republican theory – to show (...)
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  32. ‘Won’t Somebody Please Think of the Children?’ Hate Speech, Harm, and Childhood.Robert Mark Simpson - 2019 - Law and Philosophy 38 (1):79-108.
    Some authors claim that hate speech plays a key role in perpetuating unjust social hierarchy. One prima facie plausible hypothesis about how this occurs is that hate speech has a pernicious influence on the attitudes of children. Here I argue that this hypothesis has an important part to play in the formulation of an especially robust case for general legal prohibitions on hate speech. If our account of the mechanism via which hate speech effects its harms is built around claims (...)
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  33. Agency in Social Context.John Lawless - 2017 - Res Philosophica 94 (4):471-498.
    Many political philosophers argue that interference (or vulnerability to interference) threatens a person’s agency. And they cast political freedom in opposition to interpersonal threats to agency, as non-interference (or non-subjection). I argue that this approach relies on an inapt model of agency, crucial aspects of which emerge from our relationships with other people. Such relationships involve complex patterns of vulnerability and subjection, essential to our constitution as particular kinds of agents: as owners of property, as members of families, and as (...)
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  34. Presence of Mind.Saba Fatima - 2012 - Social Philosophy Today 28:131-146.
    The political posture often encouraged in liberatory movements is that of urgency. Urgency is based on the idea that if oppressed peoples do not act “now,” then their fate is forever sealed as subordinates within social and political power hierarchies. This paper focuses on a contrasting political posture, termed presence of mind, motivated by the current political atmosphere of distrust and disenfranchisement in which some Muslim-Americans find themselves. Presence of mind is defined as the ability to critically unpack visceral affective (...)
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  35. Crítica, ideología y Aufklärung según Michel Foucault.Pedro Karczmarczyk & Norma Rodríguez - 2011 - Cadernos de Pesquisa Interdisciplinar En Ciências Humanas (100):3-20.
    En el presente trabajo reflexionamos en torno a una serie de textos en los que Michel Foucault se pregunta por estatuto de la crítica. La cuestión nos parece volverse reflexivamente sobre el propio Foucualt y por ello intentaremos evaluar de qué manera, con sus propios recursos conceptuales, se puede determinar el estatuto de su propio discurso. Para ello recorreremos dos caminos: (i) su rechazo de la noción de ideología que lo pone en tensión con algunas de las tradiciones mayores del (...)
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  36. Self-Defense, Proportionality, and Defensive War against Mitigated Aggression.Jacob Blair - 2013 - International Journal of Applied Philosophy 27 (2):207-224.
    A nation commits mitigated aggression by threatening to kill the citizens of a victim nation if and only if they do not submit to being ruled in a non-egregiously oppressive way. Such aggression primarily threatens a nation’s common way of life . According to David Rodin, a war against mitigated aggression is automatically disproportionate, as the right of lethal self-defense only extends to protecting against being killed or enslaved. Two strategies have been adopted in response to Rodin. The first strategy (...)
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  37. Overcoming Oppressive Self-Blame: Gray Agency in Underground Railroads.David W. Concepción - 2009 - Hypatia 24 (1):81 - 99.
    After describing some key features of life in an underground railroad and the nature of gray agency, Concepción illustrates how survivors of relationship slavery can stop levying misplaced blame on themselves without giving up the valuable practice of blaming. Concepción concludes that by choosing a relatively non-oppressive account of self-blame, some amount of internalized oppression can be overcome and the double bind of agency-denial and self-loathing associated with being an oppressively grafted agent can be reduced.
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Coercion
  1. Review of Hallie Liberto, Green Light Ethics[REVIEW]Jonathan Ichikawa - manuscript
    Book review of Hallie Liberto's Green Light Ethics.
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  2. Addressing the “Puzzle” of Gray-Area Sexual Violations.Nic Cottone - 2023 - Hypatia 38 (2):390-404.
    The gray area of sexual violations generally refers to ambiguous sexual experiences that are not readily distinguishable from rape or sex. Such experiences are describable as ambiguous or complex in a way that, to some, seems to defy existent categories of sexual experiences. This leads some feminists to approach the gray area as a puzzle that must be resolved either by understanding it as a new category, or by upholding existing rape categorization. Rather than dispelling the gray-area ambiguity by resolving (...)
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  3. Law, Coercion and Folk Intuitions.Lucas Miotto, Guilherme F. C. F. Almeida & Noel Struchiner - 2023 - Oxford Journal of Legal Studies 43 (1):97-123.
    In discussing whether legal systems are necessarily coercive, legal philosophers usually appeal to thought experiments involving angels or other morally driven beings who need no coercion to organise their social lives. Such appeals have invited criticism. Critics have not only challenged the relevance of such thought experiments to our understanding of legal systems; they have also argued that, contrary to the intuitions of most legal philosophers, the ‘man on the Clapham Omnibus’ would not hold that there is law in a (...)
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  4. The Ethical Significance of Post-Vaccination COVID-19 Transmission Dynamics.Steven R. Kraaijeveld - 2022 - Journal of Bioethical Inquiry 20 (1):21-29.
    The potential for vaccines to prevent the spread of infectious diseases is crucial for vaccination policy and ethics. In this paper, I discuss recent evidence that the current COVID-19 vaccines have only a modest and short-lived effect on reducing SARS-CoV-2 transmission and argue that this has at least four important ethical implications. First, getting vaccinated against COVID-19 should be seen primarily as a self-protective choice for individuals. Second, moral condemnation of unvaccinated people for causing direct harm to others is unjustified. (...)
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  5. Targeted Human Trafficking -- The Wars between Proxy and Surrogated Economy.Yang Immanuel Pachankis - 2022 - International Journal of Scientific and Engineering Research 13 (7):398-409.
    Upon Brexit & Trade War, the research took a supply-side analysis in macroeconomic paradigm for the purpose and cause of the actions. In the geopolitical competitions on crude oil resources between the allied powers & the Russian hegemony, the latter of which has effective control over P. R. China’s multilateral behaviors, the external research induced that trade war, either by complete information in intelligence or an unintended result, was a supply chain attack in prohibiting the antisatellite weapon supplies in the (...)
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  6. The Cultural Revisionist Element behind P. R. China’s Neo-Nazism: A Cross-cultural and Cross-religion Research.Yang Immanuel Pachankis - 2022 - International Journal of Advanced Multidisciplinary Research and Studies 2 (4):435-451.
    Modern and contemporary politics of P. R. China contain many elements similar to neo-Nazism if not anti-communist. The derivation from Communist doctrines was a less-known debate inside the CPC party leadership soon after the declaration on the founding of People’s Republic of China - notably between Mao, Zedong and the state leadership which resulted in the criminalization of the first president Liu, Shaoqi. The researcher, as a self-identified cisgender homosexual male and Christian, observed the cultural revisionist developments of the P. (...)
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  7. Rule of Law transnacional, reglas y acción humana.Julieta A. Rabanos - 2022 - Revus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 47.
    En «What Makes a Transnational Rule of Law? Understanding the Logos and Values of Human Action in Transnational Law», Verónica Rodríguez-Blanco explora la posibilidad –y oportunidad– de la existencia de un Rule of Law (en adelante, ROL) a nivel transnacional. El objetivo de este trabajo es discutir brevemente algunos puntos relativos a diferentes facetas de la propuesta de Rodríguez-Blanco: la pregunta correcta acerca del ROL y su visión particular acerca de la acción humana (sección 2); el tipo de explicación acerca (...)
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  8. Transnational Rule of Law, coercion, and human action.Julieta A. Rabanos - 2022 - Revus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 47.
    In “What Makes a Transnational Rule of Law? Understanding the Logos and Values of Human Action in Transnational Law”, Veronica Rodriguez-Blanco explores the possibility—and opportunity—of the existence of a Rule of Law (from now on, RoL) on a transnational level. The aim of this paper is to briefly discuss some points related to various facets of Rodriguez-Blanco’s proposal: the correct question about the RoL and her particular view of human action (section 2); the type of explanation about rules, standards, regulations (...)
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  9. Prevention, Coercion, and Two Concepts of Negative Liberty.Michael Garnett - 2022 - In Mark McBride & Visa A. J. Kurki (eds.), Without Trimmings: The Legal, Moral, and Political Philosophy of Matthew Kramer. Oxford: Oxford University Press. pp. 223-238.
    This paper argues that there are two irreducibly distinct negative concepts of liberty: freedom as non-prevention, and freedom as non-coercion. Contemporary proponents of the negative view, such as Matthew Kramer and Ian Carter, have sought to develop the Hobbesian idea that freedom is essentially a matter of physical non-prevention. Accordingly, they have sought to reduce the freedom-diminishing effect of coercion to that of prevention by arguing that coercive threats function to diminish freedom by preventing people from performing certain combinations of (...)
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  10. Ethical considerations of offering benefits to COVID-19 vaccine recipients.Govind Persad & Ezekiel J. Emanuel - 2021 - JAMA 326 (3):221-222.
    We argue that the ethical case for instituting vaccine benefit programs is justified by 2 widely recognized values: (1) reducing overall harm from COVID-19 and (2) protecting disadvantaged individuals. We then explain why they do not coerce, exploit, wrongfully distort decision-making, corrupt vaccination's moral significance, wrong those who have already been vaccinated, or destroy willingness to become vaccinated. However, their cost impacts and their effects on public perception of vaccines should be evaluated.
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  11. Coercion in community health care-an ethical analysis.Tania Gergel & George Szmukler - 2016 - In A. Molodynski, J. Rugkasa & T. Burns (eds.), Coercion in Community Mental Health Care: International Perspectives. Oxford University Press.
    A book chapter exploring the potential consquences and ethical ramifications of using coercive measures within community mental healthcare. We argue that, althogh the move towards 'care in the community' may have had liberalising motivations, the subsequent reduction in inpatient or other supported residential provision, means that there has been an increasing move towards coercive measures outside of formal inpatient detention. We consider measures such as Community Treatment Orders, inducements, and other forms of leverage, explaining the underlying concepts, aims, and exploring (...)
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  12. What Makes Law Coercive When it is Coercive.Lucas Miotto - 2021 - Archiv Fuer Rechts Und Sozialphilosphie 107 (2):235-250.
    Most legal and political philosophers agree that typical legal systems are coercive. But there is no extant account of what typically makes typical legal systems coercive when they are coercive. This paper presents such an account and compares it with four alternative views. Towards the end I discuss the proposed account’s payoffs. Among other things, I show how it can help us explain what I call ‘comparative judgements’ about coercive legal systems (judgements such as ‘Legal system a is more coercive (...)
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  13. The Good, The Bad, and the Puzzled: Coercion and Compliance.Lucas Miotto - 2021 - In Jorge Luis Fabra Zamora & Gonzalo Villa Rosas (eds.), Conceptual Jurisprudence: Methodological Issues, Conceptual Tools, and New Approaches.
    The assumption that coercion is largely responsible for our legal systems’ efficacy is a common one. I argue that this assumption is false. But I do so indirectly, by objecting to a thesis I call “(Compliance)”, which holds that most citizens comply with most legal mandates most of the time at least partly in virtue of being motivated by legal systems’ threats of sanctions and other unwelcome consequences. The relationship between (Compliance) and the efficacy of legal systems is explained in (...)
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