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Law’s Empire

Harvard University Press (1986)

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  1. The Dworkin–Williams Debate: Liberty, Conceptual Integrity, and Tragic Conflict in Politics.Matthieu Queloz - 2024 - Philosophy and Phenomenological Research 109 (1):3-29.
    Bernard Williams articulated his later political philosophy notably in response to Ronald Dworkin, who, striving for coherence or integrity among our political concepts, sought to immunize the concepts of liberty and equality against conflict. Williams, doubtful that we either could or should eliminate the conflict, resisted the pursuit of conceptual integrity. Here, I reconstruct this Dworkin–Williams debate with an eye to drawing out ideas of ongoing philosophical and political importance. The debate not only exemplifies Williams's political realism and its connection (...)
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  • The Ethics of Conceptualization: Tailoring Thought and Language to Need.Matthieu Queloz - 2025 - Oxford: Oxford University Press.
    Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a special kind: (...)
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  • Multidimensional Concepts and Disparate Scale Types.Brian Hedden & Jacob M. Nebel - 2024 - Philosophical Review 133 (3):265-308.
    Multidimensional concepts are everywhere, and they are important. Examples include moral value, welfare, scientific confirmation, democracy, and biodiversity. How, if at all, can we aggregate the underlying dimensions of a multidimensional concept F to yield verdicts about which things are Fer than which overall? Social choice theory can be used to model and investigate this aggregation problem. Here, we focus on a particularly thorny problem made salient by this social choice-theoretic framework: the underlying dimensions of a given concept might be (...)
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  • Are epistemic reasons normative?Benjamin Kiesewetter - 2021 - Noûs 56 (3):670-695.
    According to a widely held view, epistemic reasons are normative reasons for belief – much like prudential or moral reasons are normative reasons for action. In recent years, however, an increasing number of authors have questioned the assumption that epistemic reasons are normative. In this article, I discuss an important challenge for anti-normativism about epistemic reasons and present a number of arguments in support of normativism. The challenge for anti-normativism is to say what kind of reasons epistemic reasons are if (...)
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  • The Ethics of Partiality.Benjamin Lange - 2022 - Philosophy Compass 1 (8):1-15.
    Partiality is the special concern that we display for ourselves and other people with whom we stand in some special personal relationship. It is a central theme in moral philosophy, both ancient and modern. Questions about the justification of partiality arise in the context of enquiry into several moral topics, including the good life and the role in it of our personal commitments; the demands of impartial morality, equality, and other moral ideals; and commonsense ideas about supererogation. This paper provides (...)
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  • “We Ought to Eat in Order to Work, Not Vice Versa”: MacIntyre, Practices, and the Best Work for Humankind.Matthew Sinnicks - 2021 - Journal of Business Ethics 174 (2):263-274.
    This paper draws a distinction between ‘right MacIntyreans’ who are relatively optimistic that MacIntyre’s vision of ethics can be realised in capitalist society, and ‘left MacIntyreans’ who are sceptical about this possibility, and aims to show that the ‘left MacIntyrean’ position is a promising perspective available to business ethicists. It does so by arguing for a distinction between ‘community-focused’ practices and ‘excellence-focused’ practices. The latter concept fulfils the promise of practices to provide us with an understanding of the best work (...)
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  • Google Morals, Virtue, and the Asymmetry of Deference.Robert J. Howell - 2012 - Noûs 48 (3):389-415.
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  • The Folk Concept of Law: Law Is Intrinsically Moral.Brian Flanagan & Ivar R. Hannikainen - 2022 - Australasian Journal of Philosophy 100 (1):165-179.
    ABSTRACT Most theorists agree that our social order includes a distinctive legal dimension. A fundamental question is that of whether reference to specific legal phenomena always involves a commitment to a particular moral view. Whereas many philosophers advance the ‘positivist’ claim that any correspondence between morality and the law is just a function of political circumstance, natural law theorists insist that law is intrinsically moral. Each school claims the crucial advantage of consistency with our folk concept. Drawing on the notion (...)
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  • The discursive dilemma and public reason.Christian List - 2006 - Ethics 116 (2):362-402.
    Political theorists have offered many accounts of collective decision-making under pluralism. I discuss a key dimension on which such accounts differ: the importance assigned not only to the choices made but also to the reasons underlying those choices. On that dimension, different accounts lie in between two extremes. The ‘minimal liberal account’ holds that collective decisions should be made only on practical actions or policies and that underlying reasons should be kept private. The ‘comprehensive deliberative account’ stresses the importance of (...)
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  • On Law and Reason.Aleksander Peczenik - 1989 - Dordrecht, Netherland: Springer Verlag.
    a This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.a (TM) These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. (...)
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  • Safety, fairness, and inclusion: transgender athletes and the essence of Rugby.Jon Pike - 2021 - Journal of the Philosophy of Sport 48 (2):155-168.
    In this paper, I link philosophical discussion of policies for trans inclusion or exclusion, to a method of policy making. I address the relationship between concerns about safety, fairness, and inclusion in policy making about the inclusion of transwomen athletes into women’s sport. I argue for an approach based on lexical priority rather than simple ‘balancing’, considering the different values in a specific order. I present justifying reasons for this approach and this lexical order, based on the special obligations of (...)
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  • (2 other versions)Internalism and Internal Values in Sport.Robert L. Simon - 2000 - Journal of the Philosophy of Sport 27 (1):1-16.
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  • Are Rules All an Umpire Has to Work With?J. S. Russell - 1999 - Journal of the Philosophy of Sport 26 (1):27-49.
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  • The Oxford Handbook of Philosophical Methodology.Herman Cappelen, Tamar Gendler & John Hawthorne (eds.) - 2016 - Oxford, United Kingdom: Oxford University Press.
    This is the most comprehensive book ever published on philosophical methodology. A team of thirty-eight of the world's leading philosophers present original essays on various aspects of how philosophy should be and is done. The first part is devoted to broad traditions and approaches to philosophical methodology. The entries in the second part address topics in philosophical methodology, such as intuitions, conceptual analysis, and transcendental arguments. The third part of the book is devoted to essays about the interconnections between philosophy (...)
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  • Persons as Things.Mark Schroeder - 2019 - Oxford Studies in Normative Ethics 9:95-115.
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  • Grounding entails supervenience.Samuele Chilovi - 2021 - Synthese 198 (S6):1317-1334.
    Do grounding claims entail corresponding supervenience claims? The question matters, as a positive answer would help grounding theorists address worries that their hyperintensional primitive is obscure, and also increase the argumentative strategies that are available within ground-theoretic frameworks for metaphysical inquiry. Leuenberger (Erkenntnis 79:227–240, 2014a) argues for a negative response, by specifying some candidate principles of entailment and then claiming that each of them is subject to counterexamples. In this paper, I critically assess those principles and the objections he raises (...)
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  • Harming as causing harm.Elizabeth Harman - 2009 - In David Wasserman & Melinda Roberts, Harming Future Persons: Ethics, Genetics and the Nonidentity Problem. Springer. pp. 137--154.
    This paper argues that non-identity actions are wrong because they _cause_ harm to people. While non-identity actions also typically benefit people, failure to act would similarly benefit someone, so considerations of benefit are ineligible to justify the harm. However, in some non-identity cases, failure to act would not benefit anyone: cases where one is choosing whether to procreate at all. These are the _hard_ non-identity cases. Not all "different-number" cases are hard. In some cases, we don't know whether acting would (...)
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  • Fuller and the Folk: The Inner Morality of Law Revisited.Raff Donelson & Ivar R. Hannikainen - 2020 - In Tania Lombrozo, Shaun Nichols & Joshua Knobe, Oxford Studies in Experimental Philosophy Volume 3. Oxford University Press. pp. 6-28.
    The experimental turn in philosophy has reached several sub-fields including ethics, epistemology, and metaphysics. This paper is among the first to apply experimental techniques to questions in the philosophy of law. Specifically, we examine Lon Fuller's procedural natural law theory. Fuller famously claimed that legal systems necessarily observe eight principles he called "the inner morality of law." We evaluate Fuller's claim by surveying both ordinary people and legal experts about their intuitions about legal systems. We conclude that, at best, we (...)
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  • The Points of Concepts: Their Types, Tensions, and Connections.Matthieu Queloz - 2019 - Canadian Journal of Philosophy 49 (8):1122-1145.
    In the literature seeking to explain concepts in terms of their point, talk of ‘the point’ of concepts remains under-theorised. I propose a typology of points which distinguishes practical, evaluative, animating, and inferential points. This allows us to resolve tensions such as that between the ambition of explanations in terms of the points of concepts to be informative and the claim that mastering concepts requires grasping their point; and it allows us to exploit connections between types of points to understand (...)
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  • Basic ethical principles in European bioethics and biolaw: Autonomy, dignity, integrity and vulnerability – Towards a foundation of bioethics and biolaw.Jacob Dahl Rendtorff - 2002 - Medicine, Health Care and Philosophy 5 (3):235-244.
    This article summarizes some of the results of the BIOMED II project “Basic Ethical Principles in European Bioethics and Biolaw” connected to a research project of the Danish Research Councils “Bioethics and Law”. The BIOMED project was based on cooperation between 22 partners in most EU countries. The aim of the project was to identify the ethical principles of respect for autonomy, dignity, integrity and vulnerability as four important ideas or values for a European bioethics and biolaw. The research concluded (...)
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  • Grounding-based formulations of legal positivism.Samuele Chilovi - 2020 - Philosophical Studies 177 (11):3283-3302.
    The goal of this paper is to provide an accurate grounding-based formulation of positivism in the philosophy of law. I start off by discussing some simple formulations, based on the ideas that social facts are always either full or partial grounds of legal facts. I then raise a number of objections against these definitions: the full grounding proposal rules out possibilities that are compatible with positivism; the partial grounding proposal fails, on its own, to vindicate the distinctive role that is (...)
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  • Robust Normativity, Morality, and Legal Positivism.David Plunkett - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott, Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press. pp. 105-136.
    This chapter discusses two different issues about the relationship between legal positivism and robust normativity (understood as the most authoritative kind of normativity to which we appeal). First, the chapter argues that, in many contexts when discussing “legal positivism” and “legal antipositivism”, the discussion should be shifted from whether legal facts are ultimately partly grounded in moral facts to whether they are ultimately partly grounded in robustly normative facts. Second, the chapter explores an important difference within the kinds of arguments (...)
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  • No Global Demos, No Global Democracy? A Systematization and Critique.Laura Valentini - 2014 - Perspectives on Politics 12 (4):789-807.
    A globalized world, some argue, needs a global democracy. But there is considerable disagreement about whether global democracy is an ideal worth pursuing. One of the main grounds for scepticism is captured by the slogan: “No global demos, no global democracy.” The fact that a key precondition of democracy—a demos—is absent at the global level, some argue, speaks against the pursuit of global democracy. The paper discusses four interpretations of the skeptical slogan—each based on a specific account of the notion (...)
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  • The emergence of value: human norms in a natural world.Lawrence Cahoone - 2023 - Albany: State University of New York Press.
    Argues that truth, moral right, political right, and aesthetic value may be understood as arising out of a naturalist account of humanity, if naturalism is rightly conceived.
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  • Resisting Tracing's Siren Song.Craig Agule - 2016 - Journal of Ethics and Social Philosophy 10 (1):1-24.
    Drunk drivers and other culpably incapacitated wrongdoers are often taken to pose a problem for reasons-responsiveness accounts of moral responsibility. These accounts predicate moral responsibility upon an agent having the capacities to perceive and act upon moral reasons, and the culpably incapacitated wrongdoers lack exactly those capacities at the time of their wrongdoing. Many reasons-responsiveness advocates thus expand their account of responsibility to include a tracing condition: The culpably incapacitated wrongdoer is blameworthy despite his incapacitation precisely because he is responsible (...)
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  • Disenfranchisement and the Capacity / Equality Puzzle: Why Disenfranchise Children But Not Adults Living with Cognitive Disabilities?Attila Mráz - 2020 - Moral Philosophy and Politics 7 (2):255-279.
    In this paper, I offer a solution to the Capacity/Equality Puzzle. The puzzle holds that an account of the franchise may adequately capture at most two of the following: (1) a political equality-based account of the franchise, (2) a capacity-based account of disenfranchising children, and (3) universal adult enfranchisement. To resolve the puzzle, I provide a complex liberal egalitarian justification of a moral requirement to disenfranchise children. I show that disenfranchising children is permitted by both the proper political liberal and (...)
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  • Practical Identity and Duties of Love.Berit Brogaard - 2021 - Disputatio 13 (60):27-50.
    This paper defends the view that we have special relationship duties that do not derive from our moral duties. Our special relationship duties, I argue, are grounded in what I call close relationships. Sharing a close relationship with another person, I suggest, requires that both people conceive of themselves as being motivated to promote the other’s interests. So, staying true to oneself demands being committed to promoting the interests of those with whom we share a close relationship. Finally, I show (...)
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  • A model of path-dependence in decisions over multiple propositions.Christian List - 2004 - American Political Science Review 98 (3):495-513.
    I model sequential decisions over multiple interconnected propositions and investigate path-dependence in such decisions. The propositions and their interconnections are represented in propositional logic. A sequential decision process is path-dependent if its outcome depends on the order in which the propositions are considered. Assuming that earlier decisions constrain later ones, I prove three main results: First, certain rationality violations by the decision-making agent—individual or group—are necessary and sufficient for path-dependence. Second, under some conditions, path-dependence is unavoidable in decisions made by (...)
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  • Reconstructing Rawls: The Kantian Foundations of Justice as Fairness.Robert S. Taylor - 2011 - Pennsylvania State University Press.
    With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...)
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  • The Organism as a Whole in an Analysis of Death.Andrew P. Huang & James L. Bernat - 2019 - Journal of Medicine and Philosophy 44 (6):712-731.
    Although death statutes permitting physicians to declare brain death are relatively uniform throughout the United States, academic debate persists over the equivalency of human death and brain death. Alan Shewmon showed that the formerly accepted integration rationale was conceptually incomplete by showing that brain-dead patients demonstrated a degree of integration. We provide a more complete rationale for the equivalency of human death and brain death by defending a deeper understanding of the organism as a whole and by using a novel (...)
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  • Moral luck and moral performance.Hallvard Lillehammer - 2020 - European Journal of Philosophy 28 (4):1017-1028.
    The aims of this paper are fourfold. The first aim is to characterize two distinct forms of circumstantial moral luck and illustrate how they are implicitly recognized in pre-theoretical moral thought. The second aim is to identify a significant difference between the ways in which these two kinds of circumstantial luck are morally relevant. The third aim is to show how the acceptance of circumstantial moral luck relates to the acceptance of resultant moral luck. The fourth aim is to defuse (...)
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  • Pets, Power, and Legitimacy.Richard Healey & Pepper Angie - forthcoming - Philosophers' Imprint.
    This article argues that the relations of social and political power that obtain between humans and pets are illegitimate. We begin by showing that pets, a largely neglected population in political philosophy, are subject to socially and politically organised power, which stands in need of justification. We then argue that pets have three moral complaints against the relations of power to which they are subject. First, our power over pets disrespects their moral independence: the fact that they are not simply (...)
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  • Practices and Principles: On the Methodological Turn in Political Theory.Eva Erman & Niklas Möller - 2015 - Philosophy Compass 10 (8):533-546.
    The question of what role social and political practices should play in the justification of normative principles has received renewed attention in post-millennium political philosophy. Several current debates express dissatisfaction with the methodology adopted in mainstream political theory, taking the form of a criticism of so-called ‘ideal theory’ from ‘non-ideal’ theory, of ‘practice-independent’ theory from ‘practice-dependent’ theory, and of ‘political moralism’ from ‘political realism’. While the problem of action-guidance lies at the heart of these concerns, the critics also share a (...)
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  • Theorizing Digital Distraction.Mark L. Hanin - 2020 - Philosophy and Technology 34 (2):395-406.
    This commentary contributes to philosophical reflection on the growing challenge of digital distraction and the value of attention in the digital age. It clarifies the nature of the problem in conceptual and historical terms; analyzes “freedom of attention” as an organizing ideal for moral and political theorizing; considers some constraints of political morality on coercive state action to bolster users’ attentional resources; comments on corporate moral responsibility; and touches on some reform ideas. In particular, the commentary develops a response to (...)
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  • Practicing Imperfect Forgiveness.Alice MacLachlan - 2009 - In Lisa Tessman, Feminist Ethics and Social and Political Philosophy: Theorizing the Non-Ideal. Springer. pp. 185-204.
    Forgiveness is typically regarded as a good thing - even a virtue - but acts of forgiveness can vary widely in value, depending on their context and motivation. Faced with this variation, philosophers have tended to reinforce everyday concepts of forgiveness with strict sets of conditions, creating ideals or paradigms of forgiveness. These are meant to distinguish good or praiseworthy instances of forgiveness from problematic instances and, in particular, to protect the self-respect of would-be forgivers. But paradigmatic forgiveness is problematic (...)
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  • Peers Versus National Culture: An Analysis of Antecedents to Ethical Decision-making.James W. Westerman, Rafik I. Beekun, Yvonne Stedham & Jeanne Yamamura - 2007 - Journal of Business Ethics 75 (3):239-252.
    Given the recent ethics scandals in the United States, there has been a renewed focus on understanding the antecedents to ethical decision-making in the research literature. Since ethical norms and standards of behavior are not universally consistent, an individual’s choice of referent may exert a large influence on his/her ethical decision-making. This study used a social identity theory lens to empirically examine the relative influence of the macro- and micro-level variables of national culture and peers on an individual’s intention to (...)
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  • In Defense of Penalizing (but not Punishing) Civil Disobedience.David Lefkowitz - 2018 - Res Publica 24 (3):273-289.
    While many contemporary political philosophers agree that citizens of a legitimate state enjoy a moral right to civil disobedience, they differ over both the grounds of that right and its content. This essay defends the view that the moral right to civil disobedience derives from a general right to political participation, and the characterization of that right as precluding the state from punishing, but not from penalizing, those who exercise it. The argument proceeds by way of rebuttals to criticisms of (...)
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  • Toward a shallow interpretivist model of sport.Sinclair A. MacRae - 2017 - Journal of the Philosophy of Sport 44 (3):285-299.
    Deep ethical interpretivism has been the standard view of the nature of sport in the philosophy of sport for the past seventeen years or so. On this account excellence assumes the role of the foundational, ethical goal that justice assumes in Ronald Dworkin’s interpretivist model of law. However, since excellence in sports is not an ethical value, and since it should not be regarded as an ultimate goal, the case for the traditional account fails. It should be replaced by the (...)
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  • Authority.Thomas Christiano - 2008 - Stanford Encyclopedia of Philosophy.
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  • Refining the argument from democracy.Gabriel Broughton - 2025 - Journal of Ethics and Social Philosophy 29 (3):452-501.
    This paper presents a new version of the democratic argument for the freedom of expression that has the resources to give a plausible reply to the perennial objection—ordinarily considered fatal—that such accounts fail to deliver protections for abstract art, instrumental music, and lots of other deserving nonpolitical speech. The argument begins with the observation that there are different things that a free speech theory might aim to accomplish. It will hope to justify a right to free speech, of course, with (...)
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  • An improved factor based approach to precedential constraint.Adam Rigoni - 2015 - Artificial Intelligence and Law 23 (2):133-160.
    In this article I argue for rule-based, non-monotonic theories of common law judicial reasoning and improve upon one such theory offered by Horty and Bench-Capon. The improvements reveal some of the interconnections between formal theories of judicial reasoning and traditional issues within jurisprudence regarding the notions of the ratio decidendi and obiter dicta. Though I do not purport to resolve the long-standing jurisprudential issues here, it is beneficial for theorists both of legal philosophy and formalizing legal reasoning to see where (...)
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  • Anger, Virtue, and Oppression.Macalester Bell - 2009 - In Lisa Tessman, Feminist Ethics and Social and Political Philosophy: Theorizing the Non-Ideal. Springer. pp. 165--183.
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  • A Positivist Route for Explaining How Facts Make Law.David Plunkett - 2012 - Legal Theory 18 (2):139-207.
    In “How Facts Make Law” and other recent work, Mark Greenberg argues that legal positivists cannot develop a viable constitutive account of law that meets what he calls the “the rational-relation requirement.” He argues that this gives us reason to reject positivism in favor of antipositivism. In this paper, I argue that Greenberg is wrong: positivists can in fact develop a viable constitutive account of law that meets the rational-relation requirement. I make this argument in two stages. First, I offer (...)
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  • Varieties of Public Representation.Philip Pettit - 2009 - In Ian Shapiro, Susan C. Stokes, Elisabeth Jean Wood & Alexander S. Kirshner, Political Representation. Cambridge University Press. pp. 61-89.
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  • Democratic Theory and the Public Interest: Condorcet and Rousseau Revisited.David Estlund & Jeremy Waldron - 1989 - American Political Science Review 83 (4):1217-1322.
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  • Arguing on the Toulmin Model: New Essays in Argument Analysis and Evaluation.David Hitchcock & Bart Verheij (eds.) - 2006 - Dordrecht, Netherland: Springer.
    In The Uses of Argument, Stephen Toulmin proposed a model for the layout of arguments: claim, data, warrant, qualifier, rebuttal, backing. Since then, Toulmin’s model has been appropriated, adapted and extended by researchers in speech communications, philosophy and artificial intelligence. This book assembles the best contemporary reflection in these fields, extending or challenging Toulmin’s ideas in ways that make fresh contributions to the theory of analysing and evaluating arguments.
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  • Quasi-Expressivism about Statements of Law: A Hartian Theory.Stephen Finlay & David Plunkett - 2018 - In John Gardner, Leslie Green & Brian Leiter, Oxford Studies in Philosophy of Law Volume 3. Oxford University Press. pp. 49-86.
    Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in a (...)
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  • Normativity in Language and Law.Alex Silk - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott, Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press. pp. 287-313.
    This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a general framework for implementing a contextualist theory, called 'Discourse Contextualism' (Silk 2016). The aim of Discourse Contextualism is to derive the apparent normativity of claims of law from a particular contextualist interpretation of a standard semantics for modals, along with general principles of interpretation and conversation. (...)
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  • The nonidentity problem and the two envelope problem: When is one act better for a person than another?Melinda A. Roberts - 2009 - In David Wasserman & Melinda Roberts, Harming Future Persons: Ethics, Genetics and the Nonidentity Problem. Springer. pp. 201--228.
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  • Rethinking Right: Moral Epistemology in Management Research.Tae Wan Kim & Thomas Donaldson - 2018 - Journal of Business Ethics 148 (1):5-20.
    Most management researchers pause at the threshold of objective right and wrong. Their hesitation is understandable. Values imply a “subjective,” personal dimension, one that can invite religious and moral interference in research. The dominant epistemological camps of positivism and subjectivism in management stumble over the notion of moral objectivity. Empirical research can study values in human behavior, but hard-headed scientists should not assume that one value can be objectively better than another. In this article, we invite management researchers to rethink (...)
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