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La filosofía de D. Hume ha sido tradicionalmente vinculada con el positivismo y con el subjetivismo moral. Si bien es innegable su explicita influencia en estas escuelas de pensamiento, ello no obsta a la existencia efectiva de relaciones de armonía entre propuestas tradicionalmente opuestas a la filosofía humeana. En el presente trabajo se presentarán sus convergencias con la ética de la ley natural, particularmente la desarrollada por la llamada New Natural LawTheory. Se argumentará el vínculo a partir de la importancia (...) |
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Varios autores afines al proyecto del liberalismo político han propuesto diferentes modelos de razón pública para enfrentar la situación de desacuerdo moral permanente en las sociedades liberales. En este trabajo presentamos un modelo que defiende dos argumentos. Primero, argumentamos a favor de una interpretación deflacionista de las razones que son aceptables para los ciudadanos razonables. Segundo, introducimos una nueva terminología que distingue entre lo que llamamos razones dependientes, accesibles y aceptables. Sostenemos que sólo las segundas y las terceras son medios (...) |
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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 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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Cultural diversity is an inescapable reality and a concern in many businesses where it can often raise ethical questions and dilemmas. This paper aims to offer suggestions to certain problems facing managers in dealing with cultural diversity through the inspiration of Thomas Aquinas. Although he may be perceived as a voice from the distant past, we can still find in his writings helpful and original ideas and criteria. He welcomes cultural differences as a part of the perfection of the universe. (...) |
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Cultural diversity and globalization bring about a tension between universal ethics and local values and norms. Simultaneously, the current globalization and the existence of an increasingly interconnected world seem to require a common ground to promote dialog, peace, and a more humane world. This article is the introduction to a special issue of the Journal of Business Ethics regarding these problems. We highlight five topics, which intertwine the eight papers of this issue. The first is whether moral diversity in different (...) |
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Religious conservatives in the U.S. have frequently opposed public-health measures designed to combat STDs among minors, such as sex education, condom distribution, and HPV vaccination. Using Rawls’s method of conjecture, I will clear up what I take to be a misunderstanding on the part of religious conservatives: even if we grant their premises regarding the nature and source of sexual norms, the wide-ranging authority of parents to enforce these norms against their minor children, and the potential sexual-disinhibition effects of the (...) |
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In this paper I argue that Joel Feinberg was wrong to suppose that liberals must oppose any criminalization of “harmless immorality”. The problem with a theory that permits criminalization only on the basis of his harm and offense principles is that it is underinclusive, ruling out laws that most liberals believe are justified. One objection (Arthur Ripstein’s) is that Feinberg’s theory is unable to account for the criminalization of harmless personal grievances. Another (Larry Alexander’s and Robert George’s) is that it (...) |
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The term "human dignity" is the source of considerable confusion in contemporary bioethics. It has been used by Kantians to refer to autonomy, by others to refer to the sanctity of life, and by still others to refer—albeit obliquely—to an important but infrequently discussed set of human goods. In the first part of this article, I seek to disambiguate the notion of human dignity. The second part is a defense of the philosophical utility of such a notion; I argue that (...) |
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For many contemporary liberal political philosophers the appropriate response to the facts of pluralism is the requirement of public reasonableness, namely that individuals should be able to offer to their fellow citizens reasons for their political actions that can generally be accepted.This article finds wanting two possible arguments for such a requirement: one from a liberal principle of legitimacy and the other from a natural duty of political civility. A respect in which conversational restraint in the face of political agreement (...) |
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The browser wars case is a useful springboard for considering the principle of positive competition and the proper regulation of platform technologies. There are lessons to be culled about policy, the application of antitrust law, and the parameters of fair competition. We argue that despite Microsofts opportunistic exploitation of its proprietary code, policy makers should resist the temptation to mandate an open source code model. Vigilant anti-trust enforcement is a preferable alternative. But courts must refrain from using antitrust law to (...) |
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Sex raises fundamental philosophical questions about topics such as personal identity and well-being, the relationship between emotion and reason, the nature of autonomy and consent, and the dual nature of persons as individuals but also social beings. This article serves as an overview of the philosophy of sex in the English-speaking philosophical tradition and explicates philosophical debate in several specific areas: sexual objectification, rape and consent, sex work, sexual identities and queer theory, the medicalization of sexuality, and polyamory. It situates (...) |
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H. L. A. Hart, in his classic book Law, Liberty, and Morality, is unsuccessful in arguing that James Fitzjames Stephen’s observations about the role of vice in criminal sentencing have no relevance to a more general defense of legal moralism. He does, however, have a very important insight about the special significance of sexual liberty. |
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There are two perspectives available from which to understand an agent's intention in acting. The first is the perspective of the acting agent: what did she take to be her end, and the means necessary to achieve that end? The other is a third person perspective that is attentive to causal or conceptual relations: was some causal outcome of the agent's action sufficiently close, or so conceptually related, to what the agent did that it should be considered part of her (...) |
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This paper takes the dichotomy between “exclusive” and “inclusive” positivism and applies it by analogy to natural-law theories. With John Finnis, and with Beyleved and Brownsword, we have examples of “exclusive natural-law theory,” on which approach the law is valid only if its content satisfies a normative monological moral theory. The discourse theories of Alexy and Habermas are seen instead as “inclusive natural-law theories,” in which the positive law is a constitutive moment in that it identifies moral rules and specifies (...) |
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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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Supporters of Justificatory Liberalism (JL)—such as John Rawls and Gerard Gaus—typically maintain that the state may not coerce its citizens on matters of constitutional essentials unless it can provide public justification that the coerced citizens would be irrational in rejecting. The state, in other words, may not coerce citizens whose rejection of the coercion is based on their reasonable comprehensive doctrines (i.e., worldviews). Proponents of the legal recognition of same-sex marriage (SSM) usually offer some version of JL as the most (...) |
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Minkoff et al.’s contention that Dobbs threatens pregnant women’s right to refuse medical treatments that would risk the embryo’s life offers a bracing set of challenges to ethicists who affirm the... |
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A claim that is widely accepted and often invoked by philosophers working within ‘new classical natural law theory’ is that choosing directly against ‘basic goods’ is never morally permissible. In this essay, I address the question of whether one can coherently accept the fundamental commitments of new classical natural law theory and yet reject this absolutist claim. I argue that one can. |
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