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  1. The Ethics of Price Discrimination.Juan M. Elegido - 2011 - Business Ethics Quarterly 21 (4):633-660.
    ABSTRACT:Price discrimination is the practice of charging different customers different prices for the same product. Many people consider price discrimination unfair, but economists argue that in many cases price discrimination is more likely to lead to greater welfare than is the uniform pricing alternative—sometimes for every party in the transaction. This article shows i) that there are many situations in which it is necessary to engage in differential pricing in order to make the provision of a product possible; and ii) (...)
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  • Is Legal Positivism as Worthless as Many Italian Scholars of Public Law Depict It?Stefano Civitarese Matteucci - 2010 - Ratio Juris 23 (4):505-539.
    An increasing number of Italian scholars are beginning to share the idea that the conceptual basis of legal positivism (LP) is wrong, particularly in the field of Public Law. According to a group of theories called “neoconstitutionalism,” constitutionalism is to be understood not only as a principle based on the need to impose legal limits to political power, but also as an aggregation of values capable of continually remodelling legal relationships, positioning itself as a “pervasive” point of reference for legal (...)
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  • Suffit-il d'agir rationnellement pour agir moralement?J. Nicolas Kaufmann - 1987 - Dialogue 26 (4):715-.
    L'histoire de la philosophie est marquée par de nombreuses tentatives pour soustraire la morale aux préceptes dictés par une croyance religieuse aveugle, l'arracher aux limbes des émotions, des intérêts égoïstes, des «nobles» sentiments ou des passions troubles de la volonté de puissance, la sortir du terrain où se disputent âprement les évidences intuitives, l'inscrire dans le règne de la raison. Il s'agit de tentatives en vue de fonder les obligations morales, l'éthique tout court, de manière rationnelle. Or, ces démarches peuvent (...)
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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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  • Private Philanthropy and Positive Rights.Alan Gewirth - 1987 - Social Philosophy and Policy 4 (2):55.
    How can anyone be opposed to private philanthropy? Such philanthropy consists in persons freely giving of their wealth or other goods to benefit individuals and groups they consider worthy of support. As private persons, they act apart from – although not, of course, in contravention of – the political apparatus of the state. In acting in this beneficent way, the philanthropists are indeed, as their name etymologically implies, lovers of humanity; and their efforts are also justified as exercises of their (...)
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  • (2 other versions)Justice: A Funeral Oration.Wallace Matson - 1983 - Social Philosophy and Policy 1 (1):94.
    1. THRENODY Is it any longer possible to talk seriously about justice and rights? Are these words corrupted and debased beyond redemption? There is no need to multiply examples of how anything that any pressure group has the chutzpah to lay claim to forthwith becomes a right, nemine contradicente. Nor is this Newspeak restricted to the vulgar. The President of the Pacific Division of the American Philosophical Association has granted permission to misuse words like rights and justice if you do (...)
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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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  • Insights, Errors and Self‐Misconceptions of the Theory of Principles.Ralf Poscher - 2009 - Ratio Juris 22 (4):425-454.
    The theory of principles is multifaceted. Its initial expression contained an important argument against positivist theories of adjudication. As a legal theory, it fails in its effort to claim a structural difference between rules and principles. It also fails as a methodological theory that reduces adjudication to subsumption or balancing. It misunderstands itself when it is conceived as a doctrinal theory especially of fundamental rights. Its most promising aspect could be its contribution to a more comprehensive theory of legal argumentation.
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  • Requirement‐Sensitive Legal Moralism: A Critical Assessment.Morten Ebbe Juul Nielsen - 2012 - Ratio Juris 25 (4):527-554.
    Requirement‐sensitive legal moralism is a species of legal moralism in which the legitimacy of turning moral into legal demands depends on the existence of a legitimate moral requirement, producing a legitimate social requirement, which can then ground a legitimate legal requirement. Crucially, each step is defeasible by contingent or instrumental, but not intrinsic moral factors. There is no genuinely moral sphere (e.g., a private sphere) in which the law is not to interfere; only contingent, non‐moral factors can defeat this. Using (...)
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  • Why Should We Care about Group Inequality?: GLENN C. LOURY.Glenn C. Loury - 1987 - Social Philosophy and Policy 5 (1):249-271.
    This essay is about the ethical propriety and practical efficacy of a range of policy undertakings which, in the last twenty years, has come to be referred to as “affirmative action.” These policies have been contentious and problematic, and a variety of arguments have been advanced in their support. Here I try to close a gap, as I see it, in this “literature of justification” which has grown up around the practice of preferential treatment. My principal argument along these lines (...)
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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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  • (1 other version)Respect for persons.Sarah Buss - 1999 - Canadian Journal of Philosophy 29 (4):517-550.
    We believe we owe one another respect. We believe we ought to pay what we owe by treating one another ‘with respect.’ If we could understand these beliefs we would be well on the way to understanding morality itself. If we could justify these beliefs we could vindicate a central part of our moral experience.Respect comes in many varieties. We respect some people for their upright character, others for their exceptional achievements. There are people we respect as forces of nature: (...)
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  • A hybrid rule – neural approach for the automation of legal reasoning in the discretionary domain of family law in australia.Andrew Stranieri, John Zeleznikow, Mark Gawler & Bryn Lewis - 1999 - Artificial Intelligence and Law 7 (2-3):153-183.
    Few automated legal reasoning systems have been developed in domains of law in which a judicial decision maker has extensive discretion in the exercise of his or her powers. Discretionary domains challenge existing artificial intelligence paradigms because models of judicial reasoning are difficult, if not impossible to specify. We argue that judicial discretion adds to the characterisation of law as open textured in a way which has not been addressed by artificial intelligence and law researchers in depth. We demonstrate that (...)
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  • Moral minimums for multinationals.Thomas Donaldson - 1989 - Ethics and International Affairs 3:163–182.
    Donaldson argues that major changes are necessary in the decision-making process as well as in the conduct of multinational corporations in order to exercise moral obligations and meet culture-specific needs of host countries.
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  • Semantic Norms and Temporal Externalism.Henry Jackman - 1996 - Dissertation, University of Pittsburgh
    There has frequently been taken to be a tension, if not an incompatibility, between "externalist" theories of content (which allow the make-up of one's physical environment and the linguistic usage of one's community to contribute to the contents of one's thoughts and utterances) and the "methodologically individualist" intuition that whatever contributes to the content of one's thoughts and utterances must ultimately be grounded in facts about one's own attitudes and behavior. In this dissertation I argue that one can underwrite such (...)
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  • Corrective Justice, Freedom of Contract, and the European Contract Law.Szymon Osmola - 2019 - Avant: Trends in Interdisciplinary Studies 10 (1):159-171.
    Freedom of contract and corrective justice are considered to be the basic principles governing contract law. However, many contemporary legal orders implement various policy goals into private law. The regulatory private law of the European Union is the most striking example of such a trend. This article aims at reconciling the corrective justice theory of private law and the principle of freedom of contract with the regulatory dimension of the EU law. The main argument is that the meaning of the (...)
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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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  • The History and Foundations of Criticism of H.L.A. Hart’s Legal Positivism in R. Dworkin’s Philosophy of Law.Sofya V. Koval - 2019 - Russian Journal of Philosophical Sciences 62 (7):124-142.
    The paper discusses the Anglo-American philosophy of law of the 20th century, more specifically the philosophy of law of Ronald Myles Dworkin and his criticism of the legal positivism of Herbert Lionel Adolphus Hart. The author presents the history of the criticism of legal positivism in Ronald Dworkin’s philosophy of law and distinguishes historical stages. The subject of the study is the critique of legal positivism but not the Hart-Dworkin debate itself, well known in Western philosophy of law. The reason (...)
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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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  • 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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  • Reasoning with dimensions and magnitudes.John Horty - 2019 - Artificial Intelligence and Law 27 (3):309-345.
    This paper shows how two models of precedential constraint can be broadened to include legal information represented through dimensions. I begin by describing a standard representation of legal cases based on boolean factors alone, and then reviewing two models of constraint developed within this standard setting. The first is the “result model”, supporting only a fortiori reasoning. The second is the “reason model”, supporting a richer notion of constraint, since it allows the reasons behind a court’s decisions to be taken (...)
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  • Consensual recognition of universal rights in african custom.Christopher Allsobrook - 2019 - Angelaki 24 (2):22-33.
    Rights are commonly distinguished in African ethics from Western rights according to the distinct ideas of personhood which ground them. However, this sacrifices universality for cultural specificity. Against this approach, I argue that universal rights are better supported by consensual rights recognition. I show how normative justification of rights from consensual recognition is consistent with deliberative ideas of justice in African ethics. Africanist criticism, of individualist bias in Eurocentric interpretations of rights, supports the contention that rights are justified between people, (...)
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  • Can the right to internal movement, residence, and employment ground a right to immigrate?Michael Rabinder James - 2019 - Ethics and Global Politics 12 (2):1-18.
    This article challenges Kieran Oberman’s derivation of a right to immigrate from the right to internal movement, residence, and employment. His argument depends on a cantilever strategy, which finds it illogical to recognize one right without recognizing an analogous second right. This differs from a direct argument, which derives a right directly from an essential human interest, and an instrumental argument, which identifies one right as a means to protecting another right. The strength of a cantilever argument depends on the (...)
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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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  • 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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  • (1 other version)Hybrid Dispositionalism and the Law.Teresa Marques - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
    Dworkin’s famous argument from legal disagreements poses a problem for legal positivism by undermining the idea that the law can be (just) the result of the practice and attitudes of norm-applying officials. In recent work, the chapter author argued that a hybrid contextualist theory paired with a dispositional theory of value—a hybrid dispositionalism, for short—offers the resources to respond to similar disagreement- based arguments in other evaluative and normative domains. This chapter claims that the theory the author advocates can extend (...)
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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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  • István Hont and political theory.Paul Sagar - 2018 - European Journal of Political Theory 17 (4):476-500.
    This article explores the relevance of the work of Cambridge historian of political thought István Hont to contemporary political theory. Specifically, it suggests that Hont’s work can be of great help to the recent realist revival in political theory, in particular via its lending support to the account favoured by Bernard Williams, which has been a major source for recent realist work. The article seeks to make explicit the main political theoretic implications of Hont’s historically-focused work, which in their original (...)
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  • Performance-Enhancing Drugs, Sport, and the Ideal of Natural Athletic Performance.Sigmund Loland - 2018 - American Journal of Bioethics 18 (6):8-15.
    The use of certain performance-enhancing drugs (PED) is banned in sport. I discuss critically standard justifications of the ban based on arguments from two widely used criteria: fairness and harms to health. I argue that these arguments on their own are inadequate, and only make sense within a normative understanding of athletic performance and the value of sport. In the discourse over PED, the distinction between “natural” and “artificial” performance has exerted significant impact. I examine whether the distinction makes sense (...)
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  • El panóptico de Bentham y la instrumentalización de los derechos humanos.Pablo Beytía Reyes - 2017 - Universitas Philosophica 34 (68):173-196.
    Este artículo revisa los fundamentos del utilitarismo de Jeremy Bentham y las principales críticas a esta doctrina, profundizando en aquella que sostiene su incompatibilidad con el respeto irrestricto de los derechos humanos. Insertándose en esta problemática, analiza una paradigmática propuesta política del filósofo inglés: el panóptico, proyecto arquitectónico formulado por Bentham a finales del siglo XVIII con el fin de reformar el sistema penitenciario europeo. A partir del análisis del Panóptico –que se descubre como una aplicación coherente del utilitarismo benthamiano–, (...)
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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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  • 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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  • 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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  • Two Concepts of Basic Equality.Nikolas Kirby - 2018 - Res Publica 24 (3):297-318.
    It has become somewhat a commonplace in recent political philosophy to remark that all plausible political theories must share at least one fundamental premise, ‘that all humans are one another's equals’. One single concept of ‘basic equality’, therefore, is cast as the common touchstone of all contemporary political thought. This paper argues that this claim is false. Virtually all do indeed say that all humans are ‘equals’ in some basic sense. However, this is not the same sense. There are not (...)
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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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  • Is there only One Correct Legal Answer to a Question of Fact? Three Talmudic Answers to a Jurisprudential Dilemma.Yuval Sinai & Martin P. Golding - 2016 - Ratio Juris 29 (4):478-505.
    This article focuses on questions of pure fact-of-the-matter and asks whether two omniscient judges may disagree over the legal answer to a straightforward question of a matter of fact. There are approaches to legal theory among some western and Jewish philosophers of law whereby at least superficially it is possible that two or more contradictory legal statements regarding a given reality can be equally correct. The article provides a critical analysis of three different models derived from the Jewish legal literature, (...)
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  • Against Egalitarianism.John Kekes - 2006 - Royal Institute of Philosophy Supplement 58:137-156.
    It is possible that the fame of the Texas Rose Rustlers Society has not yet reached readers of these words. They may want to know then that its members prize roses that survive unattended in the wilds of Texas, having eluded the benevolent attention of gardeners. These unattended roses are not too distantly related to the ‘unofficial English rose’ that the poet says ‘Unkempt about those hedges blows’ in the proximity of The Old Vicarage at Grantchester. As all respectable societies, (...)
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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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  • Can Youth Quotas Help Avoid Future Disasters?Ivo Https://Orcidorg Wallimann-Helmer - 2015 - In Youth Quotas. Heidelberg: Springer. pp. 57-75.
    In this paper I argue for the following conclusions. First, quotas are not normative goals in themselves but only a means to reach non-discriminatory selection procedures. Second, in a democracy quotas are most plausibly used as a means to fill offices in those bodies which have a major impact on how well interests or discourses are translated into policy. Third, quotas for the young can be justified since, due to demographic development, their discourses tend to be marginalized. Fourth, youth quotas (...)
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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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  • On begging the question when naturalizing norms.Leonard D. Katz - 1994 - Behavioral and Brain Sciences 17 (1):21-22.
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  • Side effects: Limitations of human rationality.Keith Oatley - 1994 - Behavioral and Brain Sciences 17 (1):24-25.
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  • Goals, values and benefits.Frederic Schick - 1994 - Behavioral and Brain Sciences 17 (1):29-29.
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  • Actions, inactions and the temporal dimension.Karl Halvor Teigen - 1994 - Behavioral and Brain Sciences 17 (1):30-31.
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  • The consequences of taking consequentialism seriously.Philip E. Tetlock - 1994 - Behavioral and Brain Sciences 17 (1):31-32.
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  • Is consequentialism better regarded as a form of reasoning or as a pattern of behavior?Steve Fuller - 1994 - Behavioral and Brain Sciences 17 (1):16-17.
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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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  • Broad Internalism, Deep Conventions, Moral Entrepreneurs, and Sport.William J. Morgan - 2012 - Journal of the Philosophy of Sport 39 (1):65-100.
    My argument will proceed as follows. I will first sketch out the broad internalist case for pitching its normative account of sport in the abstract manner that following Dworkin’s lead in the philosophy of law its adherents insist upon. I will next show that the normative deficiencies in social conventions broad internalists uncover are indeed telling but misplaced since they hold only for what David Lewis famously called ‘coordinating’ conventions. I will then distinguish coordinating conventions from deep ones and make (...)
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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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