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Natural Law and Natural Rights

New York: Oxford University Press UK (1979)

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  1. The Rise and Fall of Ziggy Stardust and Natural Law.Robbie Sykes & Kieran Tranter - 2018 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 31 (2):325-347.
    In Natural Law and Natural Rights, John Finnis delves into the past, attempting to revitalise the Thomist natural law tradition cut short by opposing philosophers such as David Hume. In this article, Finnis’s efforts at revival are assessed by way of comparison with—and, indeed, contrast to—the life and art of musician David Bowie. In spite of their extravagant differences, there exist significant points of connection that allow Bowie to be used in interpreting Finnis’s natural law. Bowie’s work—for all its appeals (...)
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  • The Common Good of the Firm and Humanistic Management: Conscious Capitalism and Economy of Communion.Sandrine Frémeaux & Grant Michelson - 2017 - Journal of Business Ethics 145 (4):701-709.
    Businesses have long been admonished for being unduly focused on the pursuit of profit. However, there are some organizations whose purpose is not exclusively economic to the extent that they seek to constitute common good. Building on Christian ethics as a starting point, our article shows how the pursuit of the common good of the firm can serve as a guide for humanistic management. It provides two principles that humanistic management can attempt to implement: first, that community good is a (...)
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  • Dis-positioning Euthyphro.Ben Page - 2018 - International Journal for Philosophy of Religion 84 (1):31-55.
    The Euthyphro objection is often perceived, rightly or wrongly, as the king objection to theistic meta-ethics. This paper proposes a response that hasn’t been much explored within the contemporary literature, based on the metaphysics of dispositions and natural law theory. The paper will first contend that there is a parallel between ways theists conceptualise God’s role in creating laws of nature and the ways God creates goods. Drawing upon these parallels I propose a possible response to the dilemma, where this (...)
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  • Body Parts and the Market Place: Insights from Thomistic Philosophy.Mark J. Cherry - 2000 - Christian Bioethics 6 (2):171-193.
    With rare exception, Roman Catholic moral theologians condemn the sale of human organs for transplantation. Yet, such criticism, while rhetorically powerful, often over-simplifies complex issues. Arguments for the prohibition of a market in human organs may, therefore, depend on a single premise, or a cluster of dubious and allied premises, which when examined cannot hold. In what follows, I will examine the ways in which such arguments are configured. For example, Thomas Aquinas’(1224-1274) understandings of embodiment and moral uses of the (...)
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  • The First Principles of the Natural Law and Bioethics.E. Christian Brugger - 2016 - Christian Bioethics 22 (2):88-103.
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  • From Pluralism to Consensus in Beginning-of-Life Debates: Does Contemporary Natural Law Theory Offer a Way Forward?Patrick Tully - 2016 - Christian Bioethics 22 (2):143-168.
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  • Role Responsibility.Peter Cane - 2016 - The Journal of Ethics 20 (1-3):279-298.
    This article is about ‘role responsibility’ as understood by H. L. A. Hart in his taxonomy of responsibility concepts in his book, Punishment and Responsibility. More particularly, it focuses on what I call ‘public, institutional role responsibility’. The main arguments are that such role responsibility is based on authority and power rather than physical and mental capacity; and the foundation of role responsibility in authority has significant implications for what Hart referred to as ‘liability–responsibility’, which I unpack in terms of (...)
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  • Consenting Adults, Sex, and Natural Law Theory.Timothy Hsiao - 2016 - Philosophia 44 (2):1-21.
    This paper argues for the superiority of natural law theory over consent -based approaches to sexual morality. I begin by criticizing the “consenting adults” sexual ethic that is dominant in contemporary Western culture. I then argue that natural law theory provides a better account of sexual morality. In particular, I will defend the “perverted faculty argument”, according to which it is immoral to use one’s bodily faculties contrary to their proper end.
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  • Hypocrisies of Fairness: Towards a More Reflexive Ethical Base in Organizational Justice Research and Practice.Marion Fortin & Martin R. Fellenz - 2008 - Journal of Business Ethics 78 (3):415-433.
    Despite becoming one of the most active research areas in organizational behavior, the field of organizational justice has stayed at a safe distance from moral questions of values, as well as from critical questions regarding the implications of fairness considerations on the status quo of power relations in today’s organizations. We argue that both organizational justice research and the managerial practices it informs lack reflexivity. This manifests itself in two possible hypocrisies of fairness. Managers may apply organizational justice knowledge but (...)
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  • Pravilo priznanja i nastanak pravnog sustava.Luka Burazin - 2015 - Revus 27:99-114.
    The paper claims that the rule of recognition, given the way it is presented by Hart, cannot be a constitutive rule of any legal system as a whole, but rather a constitutive rule of legal rules as elements of a legal system. Since I take the legal system to be an institutional artifact kind, I claim that, in order to account for a legal system as a whole, at least two further constitutive rules, in addition to the rule of recognition (...)
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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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  • Public Reason Liberalism and Sex‐Neutral Marriage A Response to Francis J. Beckwith.Greg Walker - 2015 - Ratio Juris 28 (4):486-503.
    This article responds to an article by Francis J. Beckwith that argued that the consistent application of generic liberal principles requires that same-sex marriage not be recognised in civil law. This response demonstrates that Beckwith's article contains a series of interpretative and substantive flaws that render his argument unsuccessful. These relate to a misinterpretation of core liberal principles and a sidestepping of the matter of undue bias against same-sex partners. In correcting these flaws I tentatively propose a Voltairean argument in (...)
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  • Well-Being in the Christian Tradition.William Lauinger - 2015 - In Guy Fletcher (ed.), The Routledge Handbook of Philosophy of Well-Being. New York,: Routledge.
    This paper discusses well-being in the Christian tradition.
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  • Health, Disability, and Well-Being.S. Andrew Schroeder - 2015 - In Guy Fletcher (ed.), The Routledge Handbook of Philosophy of Well-Being. New York,: Routledge.
    Much academic work (in philosophy, economics, law, etc.), as well as common sense, assumes that ill health reduces well-being. It is bad for a person to become sick, injured, disabled, etc. Empirical research, however, shows that people living with health problems report surprisingly high levels of well-being - in some cases as high as the self-reported well-being of healthy people. In this chapter, I explore the relationship between health and well-being. I argue that although we have good reason to believe (...)
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  • Reflections on Punishment from a Global Perspective: An Exploration of Chehtman’s The Philosophical Foundations of Extraterritorial Punishment.Margaret Martin - 2014 - Criminal Law and Philosophy 8 (3):693-712.
    In this review essay, I offer reflections on three themes. I begin by exploring Alejandro Chehtman’s expressed methodological commitments. I argue that his views move him closer to Lon Fuller and away from the thin accounts offered by HLA Hart and Joseph Raz. Moreover, to make sense of his views, he must offer a more normatively robust theory of law. Second, I turn to his use of Raz’s theory of authority. I argue that Chehtman fails to distinguish between Raz’s views (...)
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  • A Thomistic appraisal of human enhancement technologies.Jason T. Eberl - 2014 - Theoretical Medicine and Bioethics 35 (4):289-310.
    Debate concerning human enhancement often revolves around the question of whether there is a common “nature” that all human beings share and which is unwarrantedly violated by enhancing one’s capabilities beyond the “species-typical” norm. I explicate Thomas Aquinas’s influential theory of human nature, noting certain key traits commonly shared among human beings that define each as a “person” who possesses inviolable moral status. Understanding the specific qualities that define the nature of human persons, which includes self-conscious awareness, capacity for intellective (...)
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  • Justice and political authority in left-libertarianism.Fabian Wendt - 2015 - Politics, Philosophy and Economics 14 (3):316-339.
    From a left-libertarian perspective, it seems almost impossible for states to acquire political authority. For that reason, left-libertarians like Peter Vallentyne understandably hope that states without political authority could nonetheless implement left-libertarian justice. Vallentyne has argued that one can indeed assess a state’s justness without assessing its political authority. Against Vallentyne, I try to show that states without political authority have to be judged unjust even if they successfully promote justice. The reason is that institutions can be unjust independently from (...)
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  • Introduction.T. Brian Mooney & Mark Nowacki - unknown
    A confluence of scholarly interest has resulted in a revival of Thomistic scholarship across the world. Several areas in the investigation of St. Thomas Aquinas, however, remain under-explored. This volume contributes to two of these neglected areas. First, the volume evaluates the contemporary relevance of St. Thomas's views for the philosophy and practice of education. The second area explored involves the intersections of the Angelic Doctor’s thought and the numerous cultures and intellectual traditions of the East. Contributors to this section (...)
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  • Justice as a Crucial Formal and Informal Element of Management Control Systems.Natàlia Cugueró-Escofet & Josep Maria Rosanas - 2012 - Ramon Llull Journal of Applied Ethics 3 (3):155.
    Management control systems include justice implicitly, as they believe that the market provides what is just or not through the market value. Psychological literature has deemed that people can perceive which procedures and decisions are just or not. In this paper, we argue that management control systems need to include justice criteria explicitly, beyond mere market value, in both their design (formal justice) and use (informal justice). This will increase the probability that organizational members will collaborate to achieve organizational goals.
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  • Kindness and the Good Society: Connections of the Heart.William S. Hamrick - 2002 - State University of New York Press.
    A comprehensive account of human kindness.
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  • Incommensurability (and incomparability).Ruth Chang - 2013 - In Hugh LaFollette (ed.), The International Encyclopedia of Ethics. Hoboken, NJ: Blackwell. pp. 2591-2604.
    This encyclopedia entry urges what it takes to be correctives to common (mis)understandings concerning the phenomenon of incommensurability and incomparability and briefly outlines some of their philosophical upshots.
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  • Nicholas of Autrecourt.Christophe Grellard - 2011 - In H. Lagerlund (ed.), Encyclopedia of Medieval Philosophy. Springer. pp. 876--878.
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  • Conceptions of Well-Being in Psychology and Exercise Psychology Research: A Philosophical Critique. [REVIEW]Andrew Bloodworth & Mike McNamee - 2007 - Health Care Analysis 15 (2):107-121.
    The potential of physical activity to improve our health has been the subject of extensive research [38]. The relationship between physical activity and well-being has prompted substantial interest from exercise psychologists in particular [3], and it seems, is generating increasing interest outside the academic community in healthcare policy and practice inter alia through GP referrals for exercise. Researchers in the field have benefited from a rich tradition within psychology that investigates subjective well-being and its antecedents [7]. We argue that the (...)
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  • Human Rights in the Void? Due Diligence in the UN Guiding Principles on Business and Human Rights.Björn Fasterling & Geert Demuijnck - 2013 - Journal of Business Ethics 116 (4):799-814.
    The ‘Guiding Principles on Business and Human Rights’ (Principles) that provide guidance for the implementation of the United Nations’ ‘Protect, Respect and Remedy’ framework (Framework) will probably succeed in making human rights matters more customary in corporate management procedures. They are likely to contribute to higher levels of accountability and awareness within corporations in respect of the negative impact of business activities on human rights. However, we identify tensions between the idea that the respect of human rights is a perfect (...)
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  • Running risks morally.Brian Weatherson - 2014 - Philosophical Studies 167 (1):141-163.
    I defend normative externalism from the objection that it cannot account for the wrongfulness of moral recklessness. The defence is fairly simple—there is no wrong of moral recklessness. There is an intuitive argument by analogy that there should be a wrong of moral recklessness, and the bulk of the paper consists of a response to this analogy. A central part of my response is that if people were motivated to avoid moral recklessness, they would have to have an unpleasant sort (...)
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  • What Can a Medieval Friar Teach Us About the Internet? Deriving Criteria of Justice for Cyberlaw from Thomist Natural Law Theory.Brandt Dainow - 2013 - Philosophy and Technology 26 (4):459-476.
    This paper applies a very traditional position within Natural Law Theory to Cyberspace. I shall first justify a Natural Law approach to Cyberspace by exploring the difficulties raised by the Internet to traditional principles of jurisprudence and the difficulties this presents for a Positive Law Theory account of legislation of Cyberspace. This will focus on issues relating to geography. I shall then explicate the paradigm of Natural Law accounts, the Treatise on Law, by Thomas Aquinas. From this account will emerge (...)
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  • Neo-Aristotelian Social Justice: An Unanswered Question.Simon Hope - 2013 - Res Publica 19 (2):157-172.
    In this paper I assess the possibility of advancing a modern conception of social justice under neo-Aristotelian lights, focussing primarily on conceptions that assert a fundamental connection between social justice and eudaimonia. After some preliminary remarks on the extent to which a neo-Aristotelian account must stay close to Aristotle’s own, I focus on Martha Nussbaum’s sophisticated neo-Aristotelian approach, which I argue implausibly overworks the aspects of Aristotle’s thought it appeals to. I then outline the shape of a deeper and more (...)
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  • A New Conventionalist Theory of Promising.Erin Taylor - 2013 - Australasian Journal of Philosophy 91 (4):667-682.
    Conventionalists about promising believe that it is wrong to break a promise because the promisor takes advantage of a useful social convention only to fail to do his part in maintaining it. Anti-conventionalists claim that the wrong of breaking a promise has nothing essentially to do with a social convention. Anti-conventionalists are right that the social convention is not necessary to explain the wrong of breaking most promises. But conventionalists are right that the convention plays an essential role in any (...)
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  • When Is a Regime Not a Legal System? Alexy on Moral Correctness and Social Efficacy.David H. McIlroy - 2013 - Ratio Juris 26 (1):65-84.
    Robert Alexy defines law as including a claim to moral correctness and demonstrating social efficacy. This paper argues that law's social efficacy is not merely an observable fact but is undergirded by moral commitments by rulers that it is possible for their subjects to follow the rules, that the rulers and others will also follow the rules, that subjects will be protected from violence if they act in accordance with the rules, and that subjects will be entitled to legal redress (...)
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  • A Defense of the 'Sterility Objection' to the New Natural Lawyers' Argument Against Same-Sex Marriage.Erik A. Anderson - 2013 - Ethical Theory and Moral Practice 16 (4):759-775.
    The “new natural lawyers” (NNLs) are a prolific group of philosophers, theologians, and political theorists that includes John Finnis, Robert George, Patrick Lee, Gerard Bradley, and Germain Grisez, among others. These thinkers have devoted themselves to developing and defending a traditional sexual ethic according to which homosexual sexual acts are immoral per se and marriage ought to remain an exclusively heterosexual institution. The sterility objection holds that the NNLs are guilty of making an arbitrary and irrational distinction between same-sex couples (...)
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  • The Strong-Tie Requirement and Objective-List Theories of Well-Being.William A. Lauinger - 2013 - Ethical Theory and Moral Practice 16 (5):953-968.
    Many philosophers with hedonistic sympathies (e.g., Mill, Sidgwick, Sumner, Feldman, Crisp, Heathwood, and Bradley) have claimed that well-being is necessarily experiential. Kagan once claimed something slightly different, saying that, although unexperienced bodily events can directly impact a person’s well-being, it is nonetheless true that any change in a person’s well-being must involve a change in her (i.e., either in her mind or in her body). Kagan elaborated by saying that a person’s well-being cannot float freely of her such that it (...)
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  • Does It Make Sense to Be a Loyal Employee?Juan M. Elegido - 2013 - Journal of Business Ethics 116 (3):495-511.
    Loyalty is a much-discussed topic among business ethicists, but this discussion seems to have issued in very few clear conclusions. This article builds on the existing literature on the subject and attempts to ground a definite conclusion on a limited topic: whether, and under what conditions, it makes sense for an employee to offer loyalty to his employer. The main ways in which loyalty to one’s employer can contribute to human flourishing are that it makes the employee more trustworthy and (...)
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  • Looking for the Nature of Law: On Shapiro’s Challenge. [REVIEW]Damiano Canale - 2012 - Law and Philosophy 31 (4):409-441.
    This article critically focuses on the methodological aspects of Scott Shapiro’s book Legality . Indeed Shapiro’s book sets out several original theses about not only the nature of law and the main problems of jurisprudence, but also about how the nature of law can be discovered by jurisprudence. In this sense, the method of inquiry adopted by Shapiro can be considered as one of the most challenging outcomes of his research. The article is divided into two parts. In the first (...)
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  • Information, knowledge and wisdom: groundwork for the normative evaluation of digital information and its relation to the good life. [REVIEW]Edward H. Spence - 2011 - Ethics and Information Technology 13 (3):261-275.
    This paper provides a general philosophical groundwork for the theoretical and applied normative evaluation of information generally and digital information specifically in relation to the good life. The overall aim of the paper is to address the question of how Information Ethics and computer ethics more generally can be expanded to include more centrally the issue of how and to what extent information relates and contributes to the quality of life or the good life , for individuals and for society. (...)
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  • Responding to Trust.Matthew Harding - 2011 - Ratio Juris 24 (1):75-87.
    The essay considers what respect demands and what trust demands when one person trusts another. What respect requires in responding to trust is substantial but limited, ranging from the sharply proscriptive to the mildly prescriptive. What trust requires is, in a sense, unlimited, its content depending on the extent to which the person who trusts, and more importantly the person who is trusted, seek to build a relationship characterised by trust and trustworthiness.
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  • Articulating the Balance of Interests Between Humans and Other Animals.Samia Hurst & Alex Mauron - 2009 - American Journal of Bioethics 9 (5):17-19.
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  • Aping Political Science.John Lunstroth - 2009 - American Journal of Bioethics 9 (5):15-17.
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  • New Legal Moralism: Some Strengths and Challenges.Thomas Søbirk Petersen - 2010 - Criminal Law and Philosophy 4 (2):215-232.
    The aim of this paper is to critically discuss the plausibility of legal moralism with an emphasis on some central and recent versions. First, this paper puts forward and defends the thesis that recently developed varieties of legal moralism promoted by Robert P. George, John Kekes and Michael Moore are more plausible than Lord Devlin's traditional account. The main argument for this thesis is that in its more modern versions legal moralism is immune to some of the forceful challenges made (...)
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  • The Ethics of Legalism.Neil Maccormick - 1989 - Ratio Juris 2 (2):184-193.
    “Legalism” is defined as requiring that all matters of legal regulation and controversy ought so far as possible to be conducted in accordance with predetermined rules of considerable generality and clarity. Thus there may be moral limits on governments which ban them from acting on the substantive moral merits of situations with which they have to deal. This is most important in public law, but also applies in private law, e.g., in cases involving property. Hume, Kant, and Hayek are examined (...)
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  • Rights and Individual Well-Being.Joseph Raz - 1992 - Ratio Juris 5 (2):127-142.
    This article challenges the view permeating much philosophical thought that the primacy of individual rights represents the individual's standpoint against the public good or against the requirements of others generally. The author explicates the underlying features of our common culture contending that the conflict between individual and general good as being central to rights misconstrues the surface features of rights. The range and nature of common goods determine the options available to individuals and define their well‐being. The relative absence of (...)
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  • Please Don't Use Science or Mathematics in Arguing for Human Rights or Natural Law.Alberto Artosi - 2010 - Ratio Juris 23 (3):311-332.
    In the vast literature on human rights and natural law one finds arguments that draw on science or mathematics to support claims to universality and objectivity. Here are two such arguments: 1) Human rights are as universal (i.e., valid independently of their specific historical and cultural Western origin) as the laws and theories of science; and 2) principles of natural law have the same objective (metahistorical) validity as mathematical principles. In what follows I will examine these arguments in some detail (...)
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  • Vagueness: A Guide.Giuseppina Ronzitti (ed.) - 2011 - Dordrecht, Netherland: Springer Verlag.
    This volume analyzes and studies how vagueness occurs and matters as a specific problem in the context of theories that are primarily about something else.
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  • Legal positivism and the separation of existence and validity.Matthew Grellette - 2010 - Ratio Juris 23 (1):22-40.
    This paper centers upon the issue, within the project of analytic jurisprudence, of how to construe the status of the legal activities of a state when there is a disjuncture between a nation's formal legal commitments, such as those stated within a bill or charter of rights, and the way in which its officials actually engage in the practice of law, i.e., legislation and adjudication. Although there are two positions within contemporary legal theory which focus directly on this issue (Inclusive (...)
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  • Corrupting the youth: a history of philosophy in Australia.James Franklin - 2003 - Sydney, Australia: Macleay Press.
    A polemical account of Australian philosophy up to 2003, emphasising its unique aspects (such as commitment to realism) and the connections between philosophers' views and their lives. Topics include early idealism, the dominance of John Anderson in Sydney, the Orr case, Catholic scholasticism, Melbourne Wittgensteinianism, philosophy of science, the Sydney disturbances of the 1970s, Francofeminism, environmental philosophy, the philosophy of law and Mabo, ethics and Peter Singer. Realist theories especially praised are David Armstrong's on universals, David Stove's on logical probability (...)
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  • On law and legal reasoning.Fernando Atria Lemaître - 2001 - Portland, Or.: Hart.
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  • Ethics Beyond Moral Theory.Timothy Chappell - 2009 - Philosophical Investigations 32 (3):206-243.
    I develop an anti-theory view of ethics. Moral theory (Kantian, utilitarian, virtue ethical, etc.) is the dominant approach to ethics among academic philosophers. But moral theory's hunt for a single Master Factor (utility, universalisability, virtue . . .) is implausibly systematising and reductionist. Perhaps scientism drives the approach? But good science always insists on respect for the data, even messy data: I criticise Singer's remarks on infanticide as a clear instance of moral theory failing to respect the data of moral (...)
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  • Right act, virtuous motive.Thomas Hurka - 2010 - In Heather D. Battaly (ed.), Virtue and Vice, Moral and Epistemic. Malden: Wiley-Blackwell. pp. 58-72.
    Abstract: The concepts of virtue and right action are closely connected, in that we expect people with virtuous motives to at least often act rightly. Two well-known views explain this connection by defining one of the concepts in terms of the other. Instrumentalists about virtue identify virtuous motives as those that lead to right acts; virtue-ethicists identify right acts as those that are or would be done from virtuous motives. This essay outlines a rival explanation, based on the "higher-level" account (...)
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  • Throwing the baby out with the bathwater? Moral status and rights-based moral obligations.Janet Malek - 2008 - American Journal of Bioethics 8 (7):46 – 47.
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  • The law of duty and the virtue of justice.Ekow Nyansa Yankah - 2008 - Criminal Justice Ethics 27 (1):67-77.
    In his new book, The Grammar of Criminal Law: American, Comparative, and International, celebrated criminal law theorist George Fletcher excavates criminal law doctrine across a number of countries and cultures to reveal a small number of basic shared structures. Among these structures Fletcher argues that it is a criminal law justified by Kantian legal morality, in contrast to perfectionist or communitarian theories, that is legitimate. Thus, Fletcher proposes, along with legal positivists, that the validity of legal norms does not turn (...)
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  • Raz on necessity.Brian H. Bix - 2003 - Law and Philosophy 22 (6):537 - 559.
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