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  1. The Procedure of Morality.Ori Herstein & Ofer Malcai - 2024 - Journal of Ethics and Social Philosophy 27 (1).
    Does morality have a procedure? Unlike law, morality is arguably neither posited nor institutional. Thus, while morality undeniably prescribes various procedures, that morality itself has a procedure is less obvious. Indeed, the coexistence of procedural moral norms alongside substantive moral norms might seem paradoxical, given that they often yield contradictory prescriptions. After all, one may wonder, is morality not substantive all the way down? Nevertheless, the paper argues that morality has a “procedural branch” containing numerous norms that are themselves procedural. (...)
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  • The Exclusionary Power of Political Directives.Yuan Yuan - 2023 - Legal Theory 29 (3):229-256.
    I defend the exclusionary power of political directives. The prevailing account, which I call the additive account, holds that a legitimate directive only provides a pro tanto obligation for subjects to comply. I show that it falls into a Goldilocks dilemma, giving either insufficient or excessive weight to these obligations. Pace the additive account, I argue that a legitimate directive not only gives subjects a pro tanto reason to comply but also excludes all the reasons bearing on its justifiability regarding (...)
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  • Determination from Above.Kenneth Silver - 2023 - Philosophical Issues 33 (1):237-251.
    There are many historical concerns about freedom that have come to be deemphasized in the free will literature itself—for instance, worries around the tyranny of government or the alienation of capitalism. It is hard to see how the current free will literature respects these, or indeed how they could even find expression. This paper seeks to show how these and other concerns can be reintegrated into the debate by appealing to a levels ontology. Recently, Christian List and others have considered (...)
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  • Pro Tanto Rights and the Duty to Save the Greater Number.Benjamin Kiesewetter - 2023 - Oxford Studies in Normative Ethics 13:190-214.
    This paper has two aims. The first is to present and defend a new argument for rights contributionism – the view that the notion of a moral claim-right is a contributory (or pro tanto) rather than overall normative notion. The argument is an inference to the best explanation: it is argued that (i) there are contributory moral factors that contrast with standard moral reasons by way of having a number of formal properties that are characteristic of rights, even though they (...)
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  • Policing, Undercover Policing and ‘Dirty Hands’: The Case of State Entrapment.Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - 2024 - Philosophical Studies 181 (4):689-714.
    Under a ‘dirty hands’ model of undercover policing, it inevitably involves situations where whatever the state agent does is morally problematic. Christopher Nathan argues against this model. Nathan’s criticism of the model is predicated on the contention that it entails the view, which he considers objectionable, that morally wrongful acts are central to undercover policing. We address this criticism, and some other aspects of Nathan’s discussion of the ‘dirty hands’ model, specifically in relation to state entrapment to commit a crime. (...)
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  • The Concept of Legitimacy.N. P. Adams - 2022 - Canadian Journal of Philosophy 52 (4):381-395.
    I argue that legitimacy discourses serve a gatekeeping function. They give practitioners telic standards for riding herd on social practices, ensuring that minimally acceptable versions of the practice are implemented. Such a function is a necessary part of implementing formalized social practices, especially including law. This gatekeeping account shows that political philosophers have misunderstood legitimacy; it is not secondary to justice and only necessary because we cannot agree about justice. Instead, it is a necessary feature of actual human social practices, (...)
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  • Must your reasons move you?N. L. Engel-Hawbecker - 2024 - Philosophical Studies 181 (9):2429-2449.
    Many authors assume that we are rationally required to be somewhat moved by any recognized reason. This assumption turns out to be unjustified if not false, both in general and under any non-trivial restriction. Even its most plausible forms are contradicted by the possibility of exclusionary reasons. Some have doubted the latter’s possibility. But these doubts are also shown to be unfounded, and exclusionary reasons’ pervasive role in normative theorizing is defended.
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  • Are there exclusionary reasons? An inquiry on a third kind of exclusionary reasons.Andrea Faggion - 2024 - Trans/Form/Ação 47 (2):e02400133.
    Resumo: Joseph Raz tornou-se bastante conhecido pelo conceito de razões excludentes, que ele aplicou na análise de uma série de conceitos práticos, como decisões, regras e obrigações. No entanto, a literatura especializada exibe um alto grau de ceticismo quanto à existência de razões excludentes, e até sobre a coerência do conceito. Ao longo de sua obra, Raz sempre focou em duas espécies de razões excludentes: as diretamente motivacionais e as evidenciais. Atribui-se a isso o fato de o conceito ter recebido (...)
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  • Authority, Excluded Reasons and Moral Conflict.Allyn Fives - 2022 - Disputatio 14 (67):353-374.
    As a legitimate authoritative directive is a second-order reason, it defeats conflicting reasons by a process of exclusion. Nonetheless, a legitimate authoritative directive can be defeated by more weighty reasons, including, as I argue in this paper, the more weighty reasons it excludes. This is part of a value pluralist conception of authority, according to which there is no general rule for the resolution of conflicting reasons. And I advance this argument in response to the work of Joseph Raz. Although (...)
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  • NIMBYism and Legitimate Expectations.Travis Quigley - 2023 - Journal of Applied Philosophy 40 (4):708-724.
    An increasing portion of contemporary politics revolves around a set of claims made by those (typically derisively) referred to as NIMBYs. Despite its practical significance, NIMBYism has not received significant attention in academic philosophy. I attempt a charitable but limited reconstruction of NIMBYism in terms of legitimate expectations. I argue that, despite NIMBY expectations being somewhat vague and at least moderately unjust, they may be legitimate. This does not imply that they are decisive, or entail a conclusion about their overall (...)
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