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  1. Are Dissenters Epistemically Arrogant?Tine Hindkjaer Madsen - 2020 - Criminal Law and Philosophy 15 (1):1-23.
    “One who elects to serve mankind by taking the law into his own hands thereby demonstrates his conviction that his own ability to determine policy is superior to democratic decision making. [Defendants’] professed unselfish motivation, rather than a justification, actually identifies a form of arrogance which organized society cannot tolerate.” Those were the words of Justice Harris L. Hartz at the sentencing hearing of three nuns convicted of trespassing and vandalizing government property to demonstrate against U.S. foreign policy. Citizens engaging (...)
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  • Soldiers as Public Officials: A Moral Justification for Combatant Immunity.Malcolm Thorburn - 2019 - Ratio Juris 32 (4):395-414.
    How can we make moral sense of the international humanitarian law doctrine of combatant immunity? The doctrine is morally shocking to many: It holds soldiers on both sides of a war immune from criminal prosecution for their otherwise criminal acts of killing, maiming, destroying property, etc., carried out as part of their country's war effort. That is, soldiers who kill as part of an attack benefit from the immunity just as much as those defending their country. Traditionally, just war theorists (...)
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  • Transparency in Algorithmic and Human Decision-Making: Is There a Double Standard?John Zerilli, Alistair Knott, James Maclaurin & Colin Gavaghan - 2018 - Philosophy and Technology 32 (4):661-683.
    We are sceptical of concerns over the opacity of algorithmic decision tools. While transparency and explainability are certainly important desiderata in algorithmic governance, we worry that automated decision-making is being held to an unrealistically high standard, possibly owing to an unrealistically high estimate of the degree of transparency attainable from human decision-makers. In this paper, we review evidence demonstrating that much human decision-making is fraught with transparency problems, show in what respects AI fares little worse or better and argue that (...)
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  • Xenia: Refugees, Displaced Persons and Reciprocity.John Harris - 2020 - Cambridge Quarterly of Healthcare Ethics 29 (1):9-17.
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  • The Immoral Machine.John Harris - 2020 - Cambridge Quarterly of Healthcare Ethics 29 (1):71-79.
    :In a recent paper in Nature1 entitled The Moral Machine Experiment, Edmond Awad, et al. make a number of breathtakingly reckless assumptions, both about the decisionmaking capacities of current so-called “autonomous vehicles” and about the nature of morality and the law. Accepting their bizarre premise that the holy grail is to find out how to obtain cognizance of public morality and then program driverless vehicles accordingly, the following are the four steps to the Moral Machinists argument:1)Find out what “public morality” (...)
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  • La dignidad humana como principio biojurídico y como estándar moral de la relación médico-paciente.Roberto Andorno - 2019 - Arbor 195 (792):501.
    El artículo destaca la importancia de distinguir entre dos roles diversos que la noción de dignidad humana juega en bioética: uno, como principio de orden jurídico-político, y otro, como estándar moral del trato debido al paciente. Cuando la dignidad es entendida en el primer sentido, nos encontramos con un concepto muy general, que cumple un rol fundacional y de orientación de las normas relacionadas con las prácticas biomédicas. En cambio, cuando es utilizada en el segundo sentido, intenta captar la exigencia (...)
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  • Immanent Liberalism: The Politics of Mutual Consent.Roderick T. Long - 1995 - Social Philosophy and Policy 12 (2):1-31.
    Part One of Marx's “On the Jewish Question” is a communitarian manifesto, one of the finest and subtlest ever penned. But has it anything valuable to offer defenders of liberalism?I think it does; for in “On the Jewish Question” Marx points to a potential danger into which communitarians are liable to fall, and I shall argue that his discussion sheds light on an analogous peril for liberals. Specifically, Marx distinguishes between a genuine and a spurious form of communitarianism, and warns (...)
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  • Punishment, Fair Play and the Burdens of Citizenship.Piero Moraro - 2019 - Law and Philosophy 38 (3):289-311.
    The fair-play theory of punishment claims that the state is justified in imposing additional burdens on law-breakers, to remove the unfair advantage the latter have enjoyed by disobeying the law. From this perspective, punishment reestablishes a fair distribution of benefits and burdens among all citizens. In this paper, I object to this view by focusing on the case of civil disobedience. I argue that the mere illegality of this conduct is insufficient to establish the agent’s unfair advantage over his lawabiding (...)
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  • Vertical precedents in formal models of precedential constraint.Gabriel L. Broughton - 2019 - Artificial Intelligence and Law 27 (3):253-307.
    The standard model of precedential constraint holds that a court is equally free to modify a precedent of its own and a precedent of a superior court—overruling aside, it does not differentiate horizontal and vertical precedents. This paper shows that no model can capture the U.S. doctrine of precedent without making that distinction. A precise model is then developed that does just that. This requires situating precedent cases in a formal representation of a hierarchical legal structure, and adjusting the constraint (...)
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  • Conceptualizing Human Stewardship in the Anthropocene: The Rights of Nature in Ecuador, New Zealand and India.Stefan Knauß - 2018 - Journal of Agricultural and Environmental Ethics 31 (6):703-722.
    In this text I investigate the increasing usage of the Rights of Nature to approach the task of Stewardship for the Earth. The Ecuadorian constitution of 2008 introduces the indigenous concept of Pachamama and interpretes nature as a subject of rights. Reflecting the two 2017 cases of the Whanganui River and the Gangotri and Yamunotri Glaciers, my main argument is that, although the language of individual rights relies on modern subjectivity as well as the constitutionalism of the secular nation state, (...)
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  • Social Rules.Maura Priest & Margaret Gilbert - 2013 - In Byron Kaldis (ed.), Encyclopedia of Philosophy and the Social Sciences. Los Angeles: Sage Publications.
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  • What is conservatism? History, ideology and party.Richard Bourke - 2018 - European Journal of Political Theory 17 (4):449-475.
    Is there a political philosophy of conservatism? A history of the phenomenon written along sceptical lines casts doubt on the existence of a transhistorical doctrine, or even an enduring conservative outlook. The main typologies of conservatism uniformly trace its origins to opposition to the French Revolution. Accordingly, Edmund Burke is standardly singled out as the ‘father’ of this style of politics. Yet Burke was de facto an opposition Whig who devoted his career to assorted programmes of reform. In restoring Burke (...)
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  • A Further Defence of the Right Not to Vote.Ben Saunders - 2018 - Res Publica 24 (1):93-108.
    Opponents of compulsory voting often allege that it violates a ‘right not to vote’. This paper seeks to clarify and defend such a right against its critics. First, I propose that this right must be understood as a Hohfeldian claim against being compelled to vote, rather than as a mere privilege to abstain. So construed, the right not to vote is compatible with a duty to vote, so arguments for a duty to vote do not refute the existence of such (...)
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  • Legal Reasoning for Hedgehogs.Grant Lamond - 2017 - Ratio Juris 30 (4):507-521.
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  • Which Desires Are Relevant to Well‐Being?Chris Heathwood - 2017 - Noûs 53 (3):664-688.
    The desire-satisfaction theory of well-being says, in its simplest form, that a person’s level of welfare is determined by the extent to which their desires are satisfied. A question faced by anyone attracted to such a view is, *Which desires*? This paper proposes a new answer to this question by characterizing a distinction among desires that isn’t much discussed in the well-being literature. This is the distinction between what a person wants in a merely behavioral sense, in that the person (...)
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  • About the right to be ill.Jacek Halasz - 2018 - Medicine, Health Care and Philosophy 21 (1):113-123.
    The article raises the issue of ‘the right to be ill’, formulated by Tadeusz Kielanowski, a Polish physician and humanist. According to him, the right to health should be supplemented by the principle which would serve the protection of people with diseases or disabilities. One-sided interpretation of ‘the right to health’ may result in various forms of intolerance and discrimination. This paper presents what dangers Kielanowski recognized and explains why his approach was considered to be a novelty; what the idea (...)
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  • The Sovereignty of Subjectivity : Pursuing a Philosophically Optimal Justification of Claims Affirming the Existence of Universal Human Rights.Reagan Anders - unknown
    The United Nation’s mandate to engineer international peacecraft is correlated with the promotion of universal human rights. Universal human rights are held to apply consistently to everyone everywhere without conceivable exception. There is some debate as to whether universal human rights possibly exist. This debate centers around two difficulties: 1) the task of identifying a single trait or capability that all human beings necessarily share, and 2) the task of relating human rights to this trait or capability. Conventional epistemic justifications (...)
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  • Personhood and Rights in an African Tradition.Molefe Motsamai - 2017 - Politikon:1-15.
    It is generally accepted that the normative idea of personhood is central to African moral thought, but what has not been done in the literature is to explicate its relationship to the Western idea of rights. In this article, I investigate this relationship between rights and an African normative conception of personhood. My aim, ultimately, is to give us a cursory sense why duties engendered by rights and those by the idea of personhood will tend to clash. To facilitate a (...)
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  • Jack and Jill and Employment Equity.A. D. Irvine - 1996 - Dialogue 35 (2):255-292.
    Jack and Jill have both applied for the same entry-level position at a local university. After interviewing the leading candidates, the members of the hiring committee agree that both Jack and Jill have all the necessary qualifications for appointment to the position. Both have the required education and training. Both have strong letters of recommendation from their Ph.D. supervisors and from their current employers. Both are similarly experienced and both are potentially capable of making important future contributions to their chosen (...)
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  • The Message of Affirmative Action.Thomas E. Hill - 1991 - Social Philosophy and Policy 8 (2):108-129.
    Affirmative action programs remain controversial, I suspect, partly because the familiar arguments for and against them start from significantly different moral perspectives. Thus I want to step back for a while from the details of debate about particular programs and give attention to the moral viewpoints presupposed in differenttypesof argument. My aim, more specifically, is to compare the “messages” expressed when affirmative action is defended from different moral perspectives. Exclusively forward-looking (for example, utilitarian) arguments, I suggest, tend to express the (...)
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  • Ideology as Rationalization and as Self-Righteousness: Psychology and Law as Paths to Critical Business Ethics.Wayne Eastman - 2013 - Business Ethics Quarterly 23 (4):527-560.
    ABSTRACT:Research on political ideology in law and psychology can be fruitfully applied to the question of whether business ethics is ideological, and, if so, what response is warranted. I suggest that legal and psychological research streams can be drawn upon to create a new genre of critical business ethics that differs from normative and empirical business ethics. In psychology, Moral Foundations Theory (MFT) suggests how the mainstream ideology within an academic field can be criticized as a reflection of a self-righteous, (...)
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  • The Misfortunes of Moral Enhancement.Marco Antonio Azevedo - 2016 - Journal of Medicine and Philosophy 41 (5):461-479.
    In Unfit for the Future, Ingmar Persson and Julian Savulescu present a sophisticated argument in defense of the imperative of moral enhancement. They claim that without moral enhancement, the future of humanity is seriously compromised. The possibility of ultimate harm, caused by a dreadful terrorist attack or by a final unpreventable escalation of the present environmental crisis aggravated by the availability of cognitive enhancement, makes moral enhancement a top priority. It may be considered optimistic to think that our present moral (...)
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  • Knowing-how to care.Darlei Dall'Agnol - 2016 - Journal of Medical Ethics 42 (7):474-479.
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  • ‘Humane intervention’: the international protection of animal rights.Alasdair Cochrane & Steve Cooke - 2016 - Journal of Global Ethics 12 (1):106-121.
    ABSTRACTThis paper explores the international implications of liberal theories which extend justice to sentient animals. In particular, it asks whether they imply that coercive military intervention in a state by external agents to prevent, halt or minimise violations of basic animal rights can be justified. In so doing, it employs Simon Caney's theory of humanitarian intervention and applies it to non-human animals. It argues that while humane intervention can be justified in principle using Caney's assumptions, justifying any particular intervention on (...)
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  • Schopenhauer on the Rights of Animals.Stephen Puryear - 2017 - European Journal of Philosophy 25 (2):250-269.
    I argue that Schopenhauer’s ascription of (moral) rights to animals flows naturally from his distinctive analysis of the concept of a right. In contrast to those who regard rights as fundamental and then cast wrongdoing as a matter of violating rights, he takes wrong (Unrecht) to be the more fundamental notion and defines the concept of a right (Recht) in its terms. He then offers an account of wrongdoing which makes it plausible to suppose that at least many animals can (...)
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  • Appraising Justice as Larger Loyalty.David Rondel - 2015 - Contemporary Pragmatism 12 (2):302-316.
    This paper critically examines Richard Rorty’s “justice as larger loyalty” proposal. While Rorty is right, I argue, to reject the Kantian idea of a strict bifurcation between justice and loyalty, the former corresponding to reason the latter corresponding to sentiment, my argument is that it is nevertheless a mistake to follow Rorty in conceiving of justice as he recommends we should. This is not an endorsement of the rationalistic Kantian view Rorty rejects. Rather, I argue that there are compelling Rortyan (...)
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  • Stealing Bread and Sleeping Beneath Bridges - Indirect Discrimination as Disadvantageous Equal Treatment.Frej Klem Thomsen - 2015 - Moral Philosophy and Politics 2 (2):299-327.
    The article analyses the concept of indirect discrimination, arguing first that existing conceptualisations are unsatisfactory and second that it is best understood as equal treatment that is disadvantageous to the discriminatees because of their group-membership. I explore four ways of further refining the definition, arguing that only an added condition of moral wrongness is at once plausible and helpful, but that it entails a number of new problems that may outweigh its benefits. Finally, I suggest that the moral wrongness of (...)
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  • The re-enchantment of the world: McDowell, Scruton and Heidegger.George Reynolds - unknown
    In a recent discussion of disenchantment and re-enchantment Charles Taylor suggests that it is possible to respond to the disenchanted view of the world, in which meaning and value are understood as subjective projections, by articulating a re-enchanted sense of nature or the universe from the perspective of human ‘agency-in-the-world’, in which meaning and value are objective. The question I address in this thesis is, what could it mean to articulate a re-enchantment from within our ‘agency-in-the-world’? In Chapter One I (...)
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  • Legal Indeterminacy.Brian Leiter - 1995 - Legal Theory 1 (4):481-492.
    To say that the law is indeterminate is to say that the class of legal reasons is indeterminate. The Class, in turn, consists of four components: 1. Legitimate sources of law ; 2. Legitimate interpretive operations that can be performed on the sources in order to generate rules of law ; 3. Legitimate interpretive operations that can be performed on the facts of record in order to generate facts of legal significance ; and 4. Legitimate rational operations that can be (...)
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  • Kant and Contemporary Ethics.Philip Stratton-Lake - 1998 - Kantian Review 2:1-13.
    It is difficult to exaggerate the extent to which Kant has influenced contemporary ethics. Whether or not one is sympathetic to his moral theory, one cannot ignore it, or the various ethical theories which draw their inspiration from it. Debates which have centred on Kantian themes include debates about whether moral requirements are categorical imperatives, whether they have an overriding authority, whether the various moral judgements we make can be codified, the role of duty in moral motivation, whether there are (...)
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  • (1 other version)True wishes: the philosophy and developmental psychology of children's informed consent.Donna Dickenson & David Jones - 1995 - Philosophy, Psychiatry, and Psychology 2 (4):287-303.
    In this article we explore the underpinnings of what we view as a recent" backlash" in English law, a judicial reaction against considering children's and young people's expressions of their own feelings about treatment as their" true" wishes. We use this case law as a springboard to conceptual discussion, rooted in (a) empirical psychological work on child development and (b) three key philosophical ideas: rationality, autonomy and identity.
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  • Moral coherence and value pluralism.Patricia Marino - 2013 - Canadian Journal of Philosophy 43 (1):117-135.
    This paper addresses the question of what value pluralism tells us about the pursuit of moral coherence as a method of moral reasoning. I focus on the status of the norm of ‘systematicity,’ or the demand that our principles be as few and as simple as possible. I argue that, given certain descriptive facts about the pluralistic ways we value, epistemic ways of supporting a systematicity norm do not succeed. Because it is sometimes suggested that coherence functions in moral reasoning (...)
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  • Unjust Equalities.Andreas Albertsen & Sören Flinch Midtgaard - 2014 - Ethical Theory and Moral Practice 17 (2):335-346.
    In the luck egalitarian literature, one influential formulation of luck egalitarianism does not specify whether equalities that do not reflect people’s equivalent exercises of responsibility are bad with regard to inequality. This equivocation gives rise to two competing versions of luck egalitarianism: asymmetrical and symmetrical luck egalitarianism. According to the former, while inequalities due to luck are unjust, equalities due to luck are not necessarily so. The latter view, by contrast, affirms the undesirability of equalities as well as inequalities insofar (...)
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  • Is There a Right to Respect?M. Oreste Fiocco - 2012 - Utilitas 24 (4):502-524.
    Many moral philosophers assume that a person is entitled to respect; this suggests that there is a right to respect. I argue, however, that there is no such right. There can be no right to respect because of what respect is, in conjunction with what a right demands and certain limitations of human agency. In this paper, I first examine the nature and ontological basis of rights. I next consider the notion of respect in general; I adduce several varieties of (...)
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  • Why Toleration Is Not the Appropriate Response to Dissenting Minorities' Claims.Emanuela Ceva - 2012 - European Journal of Philosophy 23 (3):633-651.
    For many liberal democrats toleration has become a sort of pet-concept, to which appeal is made in the face of a myriad issues related to the treatment of minorities. Against the inflationary use of toleration, whether understood positively as recognition or negatively as forbearance, I argue that toleration may not provide the conceptual and normative tools to understand and address the claims for accommodation raised by at least one kind of significant minority: democratic dissenting minorities. These are individuals, or aggregates (...)
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  • Moral Disagreement in a Democracy.Amy Gutmann & Dennis Thompson - 1995 - Social Philosophy and Policy 12 (1):87-110.
    Moral disagreement about public policies—issues such as abortion, affirmative action, and health care—is a prominent feature of contemporary American democracy. Yet it is not a central concern of the leading theories of democracy. The two dominant democratic approaches in our time—procedural democracy and constitutional democracy—fail to offer adequate responses to the problem of moral disagreement. Both suggest some elements that are necessary in any adequate response, but neither one alone nor both together are sufficient. We argue here that an adequate (...)
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  • Commanding and Controlling Protest Crowds.Kylie Bourne - 2011 - Critical Horizons 12 (2):189-210.
    Police and authorities have increasingly adopted "command and control" strategies to the policing of intentionally peaceful protest crowds. These strategies work to close down access to a physical space in which a protest is to occur and thus in turn they effectively restrict the capacity of a citizen to engage in the democratic right of peaceful protest.
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  • Does Ronald Dworkin Take Rights Seriously?Danny Shapiro - 1982 - Canadian Journal of Philosophy 12 (3):417 - 434.
    One of the aims of Ronald Dworkin's recent book, Taking Rights Seriously, is to provide a theory of natural rights. His theory is novel and interesting in two respects. First, Dworkin argues that the commonly held belief that liberty and equality are fundamentally opposed to one another is false. Rights to various liberties are themselves derived from a form of a right to equality — what Dworkin calls the right to equal concern and respect. Second, Dworkin thinks that the notion (...)
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  • Neutrality and Utility.Richard J. Arneson - 1990 - Canadian Journal of Philosophy 20 (2):215 - 240.
    According to the ideal of tolerance, the state is supposed to be neutral or evenhanded in its dealings with religious sects and doctrines. The tolerant state does not pursue policies aimed at favoring one sect over another.
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  • Intellectual Property Rights, Moral Imagination, and Access to Life-Enhancing Drugs.Michael Gorman - 2005 - Business Ethics Quarterly 15 (4):595-613.
    Abstract:Although the idea of intellectual property (IP) rights—proprietary rights to what one invents, writes, paints, composes or creates—is firmly embedded in Western thinking, these rights are now being challenged across the globe in a number of areas. This paper will focus on one of these challenges: government-sanctioned copying of patented drugs without permission or license of the patent owner in the name of national security, in health emergencies, or life-threatening epidemics. After discussing standard rights-based and utilitarian arguments defending intellectual property (...)
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  • Habermas' "Species Ethics", and the Limits of "Formal Anthropology".Somogy Varga - 2011 - Critical Horizons 12 (1):71-89.
    This article seeks to defend two claims: Firstly, that Universalist ethics in Habermas and Rawls cannot function without some recourse to the Good Life, or human well-being. Secondly, that such ethical reflection must involve formal anthropological considerations. In other words, it must involve a consideration of the Good that also encompasses reflection on what we are as humans. As an example, the paper draws on Habermas’ recent thoughts on ‘species-ethics’. I will argue that 'species ethics' needs to be substantiated and (...)
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  • What Collectives Are: Agency, Individualism and Legal Theory.David Copp - 1984 - Dialogue 23 (2):249-269.
    An account of the ontological nature of collectives would be useful for several reasons. A successful theory would help to show us a route through the thicket of views known as “methodological individualism”. It would have a bearing on the plausibility of legal positivism. It would be relevant to the question whether collectives are capable of acting. The debate about the ontology of collectives is therefore important for such fields as the theory of action, social and political philosophy, the philosophy (...)
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  • The Global Scope of Justice.Stefan Gosepath - 2001 - Metaphilosophy 32 (1-2):135-159.
    In this paper, I examine the question of the scope of justice, in a not unusual distributive, egalitarian, and universalistic framework. Part I outlines some central features of the egalitarian theory of justice I am proposing. According to such a conception, justice is – at least prima facie – immediately universal, and therefore global. It does not morally recognize any judicial boundaries or limits. Part II examines whether, even from a universalistic perspective, there are moral or pragmatic grounds for rejecting (...)
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  • Double jeopardy and the use of QALYs in health care allocation.P. Singer, J. McKie, H. Kuhse & J. Richardson - 1995 - Journal of Medical Ethics 21 (3):144-150.
    The use of the Quality Adjusted Life-Year (QALY) as a measure of the benefit obtained from health care expenditure has been attacked on the ground that it gives a lower value to preserving the lives of people with a permanent disability or illness than to preserving the lives of those who are healthy and not disabled. The reason for this is that the quality of life of those with illness or disability is ranked, on the QALY scale, below that of (...)
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  • What's So Special about Rights?Allen Buchanan - 1984 - Social Philosophy and Policy 2 (1):61.
    Future historians of moral and political philosophy may well label our period the Age of Rights. In moral philosophy it is now widely assumed that the two most plausible types of normative theories are Utilitarianism and Kantian theories and that the contest between them must be decided in the end by seeing whether Utilitarianism can accommodate a prominent role for rights in morality. In political philosophy even the most bitter opponents in the perennial debate over conflicts between liberty and equality (...)
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  • (1 other version)The Moral Standing of the Market.Amartya Sen - 1985 - Social Philosophy and Policy 2 (2):1.
    How valuable is the market mechanism for practical morality? What is its moral standing? We can scarcely doubt that as individuals we do value tremendously the opportunity of using markets. Indeed, without access to markets most of us would perish, since we don't typically produce the things that we need to survive. If we could somehow survive without using markets at all, our quality of life would be rather abysmal. It is natural to feel that an institution that is so (...)
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  • Futility, Conscientious Refusal, and Who Gets to Decide.J. K. Davis - 2008 - Journal of Medicine and Philosophy 33 (4):356-373.
    Most discussions of medical futility try to answer the Futility Question: when is a medical procedure futile? No answer enjoys universal support. Some futility policies say that the health care provider will answer this question when the provider and patient cannot agree. This raises the Decision Question: who has the moral authority to decide what to do in cases where futility is disputed? I look for a procedural answer to this question, an answer that does not turn on whether a (...)
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  • Ownership and justice for animals.Alasdair Cochrane - 2009 - Utilitas 21 (4):424-442.
    This article argues that it is not necessary to abolish all incidents of animal ownership in order to achieve justice for them. It claims that ownership does not grant owners a right to absolute control of their property. Rather, it argues that ownership is a much more qualified concept, conveying different rights in different contexts. With this understanding of ownership in mind, the article argues that it is possible for humans to own animals and at the same time to treat (...)
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  • State of the Art: The Duty to Obey the Law.William A. Edmundson - 2004 - Legal Theory 10 (4):215–259.
    Philosophy, despite its typical attitude of detachment and abstraction, has for most of its long history been engaged with the practical and mundane-seeming question of whether there is a duty to obey the law. As Matthew Kramer has recently summarized: “For centuries, political and legal theorists have pondered whether each person is under a general obligation of obedience to the legal norms of the society wherein he or she lives. The obligation at issue in those theorists' discussions is usually taken (...)
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  • Was inclusive legal positivism founded on a mistake?Scott J. Shapiro - 2009 - Ratio Juris 22 (3):326-338.
    In this paper, I present a new argument against inclusive legal positivism. As I show, any theory which permits morality to be a condition on legality cannot account for a core feature of legal activity, namely, that it is an activity of social planning. If the aim of a legal institution is to guide the conduct of the community through plans, it would be self-defeating if the existence of these plans could only be determined through deliberation on the merits. I (...)
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