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Natural Law and Moral Philosophy: From Grotius to the Scottish Enlightenment

New York, NY, USA: Cambridge University Press (1996)

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  1. Policies, Technology and Markets: Legal Implications of Their Mathematical Infrastructures.Marcus Faro de Castro - 2019 - Law and Critique 30 (1):91-114.
    The paper discusses legal implications of the expansion of practical uses of mathematics in social life. Taking as a starting point the omnipresence of mathematical infrastructures underlying policies, technology and markets, the paper proceeds by attending to relevant materials offered by general philosophy, legal philosophy, and the history and philosophy of mathematics. The paper suggests that the modern transformation of mathematics and its practical applications have spurred the emergence of multiple useful technologies and forms of social interaction but have impoverished (...)
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  • Recasting Scottish Sentimentalism: The Peculiarity of Moral Approval.Remy Debes - 2012 - Journal of Scottish Philosophy 10 (1):91-115.
    By founding morality on the particular sentiments of approbation and disapprobation, Shaftesbury, Hutcheson, Hume, and Smith implied that the nature of moral judgment was far more intuitive and accessible than their rationalist predecessors and contemporaries would, or at least easily could, allow. And yet, these ‘Sentimentalists’ faced the longstanding belief that the human affective psyche is a veritable labyrinth – an obstacle to practical morality if not something literally brutish in us. The Scottish Sentimentalists thus implicitly tasked themselves with distinguishing (...)
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  • Written on the heart: on the grounds of moral obligation in natural law theory.Christian Daru - 2017 - International Journal of Philosophy and Theology 78 (3):200-214.
    The extent to which God grounds normativity within natural law theory is analyzed. I examine Hugo Grotius’s understanding of natural law and human nature and show that Grotius makes few explicit metaphysical commitments which makes his view open to development in at least two different ways. Then a Thomistic view of natural law and human nature is developed. It is shown that Grotius’s position could be developed as a proto-new natural law theory, but this leaves it open to powerful objections (...)
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  • Hutcheson in the History of Rights.Stephen Darwall - 2022 - Journal of Scottish Philosophy 20 (2):85-101.
    Francis Hutcheson's An Inquiry Into the Original of Our Ideas of Beauty and Virtue, published in 1725, arguably contains the first broadly utilitarian theory of rights ever formulated. In this essay, I argue that, despite its subtlety, there are crucial lacunae in Hutcheson's theory. One of the most important, which Mill seeks to repair, is that his theory of rights lacks a conceptually necessary companion, namely, a corollary account of obligation. Hutcheson has no theory of fully deontic obligations, much less (...)
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  • On the relationships between social theory and natural law: lessons from Karl Löwith and Leo Strauss.Daniel Chernilo - 2010 - History of the Human Sciences 23 (5):91-112.
    This article offers a combined reading of Karl Löwith’s and Leo Strauss’s critique of social theory from the point of view of the natural law tradition broadly understood. Within the context of a growing interest in revisiting social theory’s debt to natural law, the piece seeks to unfold the connections between the two traditions without searching to restore any kind of natural law. Rather, it looks at their relationships as one of Aufhebung — the suspension and carrying forward — of (...)
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  • Adam Smith: Self-Command, Practical Reason and Deontological Insights.Maria A. Carrasco - 2012 - British Journal for the History of Philosophy 20 (2):391-414.
    In this paper, I argue that, in his Theory of Moral Sentiments, Adam Smith conflates two different meanings of ?self-command?, which is particularly puzzling because of the central role of this virtue in his theory. The first is the matrix of rational action, the one described in Part III of the TMS and learned in ?the great school of self-command?. The second is the particular moral virtue of self-command. Distinguishing between these two meanings allows us, on the one hand, to (...)
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  • Knowing savagery: Australia and the anatomy of race.Bruce Buchan & Linda Andersson Burnett - 2019 - History of the Human Sciences 32 (4):115-134.
    When Australia was circumnavigated by Europeans in 1801–02, French and British natural historians were unsure how to describe the Indigenous peoples who inhabited the land they charted and catalogued. Ideas of race and of savagery were freely deployed by both British and French, but a discursive shift was underway. While the concept of savagery had long been understood to apply to categories of human populations deemed to be in want of more historically advanced ‘civilisation’, the application of this term in (...)
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  • Same duties, different motives: ethical theory and the phenomenon of moral motive pluralism.Hugh Breakey - 2018 - Philosophical Studies 175 (2):531-552.
    Viewed in its entirety, moral philosophizing, and the moral behavior of people throughout history, presents a curious puzzle. On the one hand, interpersonal duties display a remarkably stable core content: morality the world over enjoins people to keep their word; refrain from violence, theft and cheating; and help those in need. On the other hand, the asserted motives that drive people’s moral actions evince a dazzling diversity: from empathy or sympathy, to practical or prudential reason, to custom and honor, cultural (...)
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  • Spinoza, Hume, and the fate of the natural law tradition.Rudmer Bijlsma - 2015 - International Journal of Philosophy and Theology 76 (4):267-283.
    This paper explores the common ground in the views on natural law, justice and sociopolitical development in Hume and Spinoza. Spinoza develops a radically revisionary position in the natural law debate, building upon the bold equation of right and power. Hume is best interpreted as offering a skeptical–empirical reworking of traditional natural law theories, which maintains much of the practical purport of these theories, while providing it with a new, metaphysically less firm, but also less problematic, foundation. What the two (...)
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  • Philosophy, Drama and Literature.Rick Benitez - 2011 - In Graham Robert Oppy, Nick Trakakis, Lynda Burns, Steven Gardner & Fiona Leigh (eds.), A companion to philosophy in Australia & New Zealand. Clayton, Victoria, Australia: Monash University Publishing. pp. 371-372.
    Philosophy and Literature is an internationally renowned refereed journal founded by Denis Dutton at the University of Canterbury, Christchurch. It is now published by the Johns Hopkins University Press. Since its inception in 1976, Philosophy and Literature has been concerned with the relation between literary and philosophical studies, publishing articles on the philosophical interpretation of literature as well as the literary treatment of philosophy. Philosophy and Literature has sometimes been regarded as iconoclastic, in the sense that it repudiates academic pretensions, (...)
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  • Three Crucial Turns on the Road to an Adequate Understanding of Human Dignity.Ralf Stoecker - 2010 - In Paulus Kaufmann, Hannes Kuch, Christian Neuhaeuser & Elaine Webster (eds.), Humiliation, Degradation, Dehumanization. Human Dignity Violated. Springer Verlag. pp. 7-17.
    Human dignity is one of the key concepts of our ethical evaluations, in politics, in biomedicine, as well as in everyday life. In moral philosophy, however, human dignity is a source of intractable trouble. It has a number of characteristic features which apparently do not fit into one coherent ethical concept. Hence, philosophers tend to ignore or circumvent the concept. There is hope for a philosophically attractive conception of human dignity, however, given that one takes three crucial turns. The negative (...)
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  • Institutions, Principles and Judgement: The Relevance of the Natural Law Tradition for Articulating Business in a Global Context.Ana Marta González - 2015 - Pensamiento y Cultura 18 (2):49-74.
    In this article I argue the relevance of natural law for framing and addressing ethical issues raised by the practice of business in a global context. There are historical, as well as systematic reasons for this. On the historical side, it can be argued that the origin of modern economics is linked to a cultural context, still influenced by modern natural law theories. Thus, even if Hume’s moral theory is everything but a natural law theory, either in the traditional or (...)
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  • El papel de la imaginación en la refutación de Adam Smith a la tesis del homo economicus.José de la Cruz Garrido - 2015 - Ideas Y Valores 64 (159):169-194.
    La filosofía moral de Adam Smith se fundamenta en el papel de la imaginación para explicar el orden social en un nivel macro, y como mecanismo de identificación afec tiva en un nivel micro. En ambos casos, el rol de la imaginación en nuestra psicología moral refuta la tesis de un _homo economicus_, o de que el ser humano está motiva do a entrar en sociedad por su interés personal. Esto sirve de premisa para refutar la posición hobbesiana de un (...)
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  • Utility, Progress, and Technology: Proceedings of the 15th Conference of the International Society for Utilitarian Studies.Michael Schefczyk & Christoph Schmidt-Petri (eds.) - 2021 - Karlsruhe: KIT Scientific Publishing.
    This volume collects selected papers delivered at the 15th Conference of the International Society for Utilitarian Studies, which was held at Karlsruhe Institute of Technology in July 2018. It includes papers dealing with the past, present, and future of utilitarianism – the theory that human happiness is the fundamental moral value – as well as on its applications to animal ethics, population ethics, and the future of humanity, among other topics.
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  • Personal Identity and Self-Interpretation & Natural Right and Natural Emotions.Gabor Boros, Judit Szalai & Oliver Toth (eds.) - 2020 - Budapest: Eötvös University Press.
    Collection of papers presented at the 2nd and 3rd Budapest Seminar in Early Modern Philosophy.
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  • The Model that Never Moved: The Case of a Virtual Memory Theater and Its Christian Philosophical Argument, 1700–1732.Kelly J. Whitmer - 2010 - Science in Context 23 (3):289-327.
    ArgumentBy the year 1720, one could visit at least three large-scale wooden models of Solomon's Temple in the cities of Amsterdam, Hamburg, and Halle. For short periods of time, the Amsterdam and Hamburg Temple models were exhibited in London, where they attracted a great deal of attention. The Halle model, on the other hand, never moved from its original location: a complex of schools known today as the Francke Foundations (die Franckesche Stiftungen). This article explores the reasons for the Halle (...)
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  • Enlightenment, reason and universalism: Kant’s Critical Insights.Kenneth R. Westphal - 2016 - Studies in East European Thought 68 (2-3):127-148.
    ‘Universalist’ moral principles have fallen into disfavour because too often they have been pretexts for unilateral impositions upon others, whether domestically or internationally. Too widely neglected has been Kant’s specifically Critical re-analysis of the scope and character of rational justification in all non-formal domains, including the entirety of epistemology and moral philosophy, including both justice and ethics. Rational judgment is inherently normative because it is in part constituted by our self-assessment of whether the considerations we now integrate into a candidate (...)
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  • ‘Mere Inventions of the Imagination’: A Survey of Recent Literature on Adam Smith.Vivienne Brown - 1997 - Economics and Philosophy 13 (2):281-312.
    As late twentieth-century discourses of modernity and postmodernity invoke their Enlightenment heritage in a search for the origins of their present achievements and predicaments, Adam Smith's works are still seen as a canonic representative of that heritage. Smith has long been evoked as the ‘father’ of economics and the original proponent of laissez-faire capitalism, but the political changes in recent decades have reconstituted his iconic status. With the full range of Smith's published and unpublished writings and lectures now widely available, (...)
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  • It is Possible Morality Based on Sympathy?Juan Carlos Suárez Villegas - 2011 - Ethic@ - An International Journal for Moral Philosophy 10 (1):85–96.
    In accordance to Adam Smith’s moral view, “sympathy” could be understood as a process of psychological and emotional empathy by which we reach to comprehend the other’s position. That process is moving from a position of subjective criteria to the maturity of an impartial perspective, respectful of the values implicit in human relations and we know through our feelings. Adam Smith’s contribution is fundamental for a new proposal of ethics of sympathy.
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  • The World's Trader, the World's Lawyer: Europe and Global Processes.Göran Therborn - 2002 - European Journal of Social Theory 5 (4):403-417.
    Europe's position in the world is analyzed in relation to a specification of globalization into five global processes, whereby Europe stands out as the central node of global flows of trade and capital and as the region of uniquely high transnational entanglements, as an area of transnational normativity. The historical background and inter-relation of foreign trade and trans-polity law within Europe, both in early modern social theory and in post-Second World War institution-building, are highlighted, as well as the spread of (...)
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  • Liberalism and enlightenment in eighteenth‐century Germany.James Schmidt - 1999 - Critical Review: A Journal of Politics and Society 13 (1-2):31-53.
    The eighteenth‐century controversy among Moses Mendelssohn, Friedrich Heinrich Jacobi, and Immanuel Kant undermines the tendency to equate liberalism with the Enlightenment. While the defender of the Enlightenment, Mendelssohn, championed defended such traditional liberal values as religious toleration, his arguments were often illiberal. In contrast, many of the views of his anti‐ Establishment opponent, Jacobi, are remarkably liberal. Kant's essays from the mid‐i78os advanced a liberal conception of politics but a view of Enlightenment that was quite distant from those of both (...)
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  • Utility and Justice: Epicurus and the Epicurean Tradition.F. Rosen - 2002 - Polis 19 (1-2):93-107.
    This article explores the relationship between utility and justice in the ancient Epicurean tradition, and as it developed in the seventeenth and eighteenth centuries following the revival of Epicureanism in the writings of Pierre Gassendi. It focuses on the significance of various allusions to a line from Horace, ‘utilitas, justi prope mater et aequi’, which appeared in writings of Hugo Grotius, David Hume, and Jeremy Bentham, and was used to give utility a prominence in modern hought that it had not (...)
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  • The idea of utility in Adam Smith's The Theory of Moral Sentiments.F. Rosen - 2000 - History of European Ideas 26 (2):79-103.
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  • Fragmented Knowledge Structures: Secularization as Scientization.Richard S. Park - 2013 - Heythrop Journal 54 (2):563-573.
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  • On the Absence of Moral Goodness in Hobbes’s Ethics.Johan Olsthoorn - 2020 - The Journal of Ethics 24 (2):241-266.
    This article reassesses Hobbes’s place in the history of ethics based on the first systematic analysis of his various classifications of formal goodness. The good was traditionally divided into three: profitably good, pleasurably good, and morally good. Across his works, Hobbes replaced the last with pulchrum—a decidedly non-moral form of goodness on his account. I argue that Hobbes’s dismissal of moral goodness was informed by his hedonist conception of the good and accompanied by reinterpretations of right reason and natural law. (...)
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  • Relaxing a Tension in Adam Smith's Account of Sympathy.John W. McHugh - 2011 - Journal of Scottish Philosophy 9 (2):189-204.
    This paper attempts to relax the tension between Adam Smith's claim that sympathy involves an evaluative act of imaginative projection and his claim that sympathy involves a non-evaluative act of imaginative identification. The first section locates the tension specifically in the two different ways Smith depicts the stance adopted by the sympathizer. The second section argues that we can relax this tension by finding an important role for a non-evaluative stance in Smith's normative account of moral evaluation. This solution protects (...)
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  • Natural law as early social thought: The recovery of natural law for sociology.Angela Leahy - 2020 - History of the Human Sciences 33 (2):72-90.
    Natural law contains much social thought that predates sociology and related disciplines, and can be seen as part of the prehistory of the human sciences. Key concerns of natural law thinkers include the achievement of social life and society, and the individual’s place therein. However, there is an enduring tendency within sociology to dismiss the ahistoricism and universalism of natural law, and therefore to reject natural law thought in its entirety. This article proposes an approach that rescues the sociological relevance (...)
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  • Human Rights and the Defense of Liberal Democracy.Anthony John Langlois - 2007 - Journal of Religious Ethics 35 (4):731-750.
    ABSTRACT In recent issues of the Journal of Religious Ethics (2006, 2007), David Little has defended the contemporary regime of international human rights against what he thinks of as the relativizing influences of the genealogical “just‐so” story told by Jeffrey Stout in his Democracy and Tradition (2004). I argue that Stout is correct about just‐so stories, and that Little does not go far enough in his reclamation of liberalism against Stout's “new traditionalists.” The main weaknesses of Little's approach are his (...)
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  • Conceiving human rights without ontology.Anthony J. Langlois - 2005 - Human Rights Review 6 (2):5-24.
    In his book, World Poverty and Human Rights, Pogge sets out to articulate an approach to basic justice that is inversal and cosmopolitan. This notion of justice is to be articulated through the language of human rights. Pogge’s arguments about justice, moral universalism and cosmopolitanism are impressive and reward serious study. It is to be hoped. indeed, that many aspects of his argument might be adopted by the elite ruling classes of world politics; they have much to offer in the (...)
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  • Dreams and Nightmares of Liberal International Law: Capitalist Accumulation, Natural Rights and State Hegemony.Tarik Kochi - 2017 - Law and Critique 28 (1):23-41.
    This article develops a line of theorising the relationship between peace, war and commerce and does so via conceptualising global juridical relations as a site of contestation over questions of economic and social justice. By sketching aspects of a historical interaction between capitalist accumulation, natural rights and state hegemony, the article offers a critical account of the limits of liberal international law, and attempts to recover some ground for thinking about the emancipatory potential of international law more generally.
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  • From Eden to savagery and civilization: British colonialism and humanity in the development of natural history, ca. 1600–1840.Sarah Irving-Stonebraker - 2019 - History of the Human Sciences 32 (4):63-79.
    This article is concerned with the relationship between British colonization and the intellectual underpinnings of natural history writing between the 17th and the early 19th centuries. During this period, I argue, a significant discursive shift reframed both natural history and the concept of humanity. In the early modern period, compiling natural histories was often conceived as an endeavour to understand God’s creation. Many of the natural historians involved in the early Royal Society of London were driven by a theological conviction (...)
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  • The Unreality Business - How Economics (and Management) Became Anti-philosophical.Matthias P. Hühn - 2015 - Philosophy of Management 14 (1):47-66.
    This paper argues that economics, over the past 200 years, has become steadily more anti-philosophical and that there are three stages in the development of economic thought. Adam Smith intended economics to be a descriptive social science, rooted in an understanding of the moral and psychological processes of an individual’s decision-making and its connection to society in general. Yet, immediately after Smith’s death, economists made a clean cut and invented a totally new discipline: they switched towards a physicalist understanding of (...)
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  • Are rights less important for republicans than for liberals? Pettit versus Pettit.Christopher Hamel - 2017 - Contemporary Political Theory 16 (4):478-500.
    It has become a commonplace in neo-republican thinking to claim that if the notion of rights can be allowed a place in republican political theory, it can never achieve the prominence that liberalism allegedly grants it. Philip Pettit’s book, Republicanism, provides several arguments to buttress this thesis. This article aims at examining these arguments in order to show that once properly stated, they must on the contrary be considered as powerful arguments to the effect that republicans take rights very seriously.
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  • Smithian Sentimentalism Anticipated: Pufendorf on the Desire for Esteem and Moral Conduct.Heikki Haara & Aino Lahdenranta - 2018 - Journal of Scottish Philosophy 16 (1):19-37.
    In this paper, we argue that Samuel Pufendorf's works on natural law contain a sentimentalist theory of morality that is Smithian in its moral psychology. Pufendorf's account of how ordinary people make moral judgements and come to act sociably is surprisingly similar to Smith's. Both thinkers maintain that the human desire for esteem, manifested by resentment and gratitude, informs people of the content of central moral norms and can motivate them to act accordingly. Finally, we suggest that given Pufendorf's theory (...)
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  • Adam Smith and cultural relativism.Samuel Fleischacker - 2011 - Erasmus Journal for Philosophy and Economics 4 (2):20.
    This paper explores the presence of both relativistic and universalistic elements in Adam Smith’s moral philosophy. It argues that Smith is more sympathetic to the concerns of anthropologists than most philosophers have been, but still tries to uphold the possibility of moral judgments that transcend cultural contexts. It also argues that the tensions between these aspects of his thought are not easy to resolve, but that Smith’s sensitivity to the issues that give rise to them makes him a useful figure (...)
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  • Reid vs. the Reidian Legacy.Jeffrey Edwards - 2005 - Journal of Scottish Philosophy 3 (1):1-17.
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  • The Problem of Partiality in 18th century British Moral Philosophy.Getty L. Lustila - 2019 - Dissertation, Boston University
    The dissertation traces the development of what I call “the problem of partiality” through the work of certain key figures in the British Moralist tradition: John Locke, Catharine Trotter Cockburn, Anthony Ashley Cooper (the Third Earl of Shaftesbury), Francis Hutcheson, John Gay, David Hume, Joseph Butler, and Adam Smith. On the one hand, we are committed to impartiality as a constitutive norm of moral judgment and conduct. On the other hand, we are committed to the idea that it is permissible, (...)
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  • The natural law tradition in ethics.Mark Murphy - 2019 - Stanford Encyclopedia of Philosophy.
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  • Hugo grotius.Jon Miller - 2008 - Stanford Encyclopedia of Philosophy.
    Hugo Grotius (1583-1645) [Hugo, Huigh or Hugeianus de Groot] was a towering figure in philosophy, law, political theory and associated fields during the seventeenth century and for hundreds of years afterwards. His work ranged over a wide array of topics, though he is best known to philosophers today for his contributions to the natural law theories of normativity which emerged in the later medieval and early modern periods. This article will attempt to explain his views on the law of nature (...)
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  • Scottish Philosophy in the 18th Century.Alexander Broadie - 2001 - Stanford Encyclopedia of Philosophy.
    Philosophy was at the core of the eighteenth century movement known as the Scottish Enlightenment. The movement included major figures, such as Francis Hutcheson, David Hume, Adam Smith, Thomas Reid and Adam Ferguson, and also many others who produced notable works, such as Gershom Carmichael, George Turnbull, George Campbell, James Beattie, Alexander Gerard, Henry Home (Lord Kames) and Dugald Stewart. I discuss some of the leading ideas of these thinkers, though paying less attention than I otherwise would to Hume, Smith (...)
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  • Die Pflicht, dem Menschen seine Würde zu erhalten.Ralf Stoecker - 2010 - Zeitschrift Für Menschenrechte 2010 (1):98-116.
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  • Idealist Origins: 1920s and Before.Martin Davies & Stein Helgeby - 2014 - In Graham Oppy & Nick Trakakis (eds.), History of Philosophy in Australia and New Zealand. Dordrecht, Netherlands: Springer. pp. 15-54.
    This paper explores early Australasian philosophy in some detail. Two approaches have dominated Western philosophy in Australia: idealism and materialism. Idealism was prevalent between the 1880s and the 1930s, but dissipated thereafter. Idealism in Australia often reflected Kantian themes, but it also reflected the revival of interest in Hegel through the work of ‘absolute idealists’ such as T. H. Green, F. H. Bradley, and Henry Jones. A number of the early New Zealand philosophers were also educated in the idealist tradition (...)
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  • Rights, Duties, and Moral Conflicts.Biasetti Pierfrancesco - 2014 - Etica E Politica (2):1042-1062.
    In this paper I would like to make a contribution to the debate on rights-talk and duties-talk relationship and priority by addressing the problem from a peculiar angle: that of moral conflicts and dilemma. My working hypothesis is that it should be possible to identify some basic and relevant normative features of rights-talk and duties-talk by observing how they modify the description of moral conflicts. I will try to show that both rights and duties posses original and irreducible normative features, (...)
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  • Arguments over obligation: Teaching time and place in moral philosophy.Ian Hunter - 2003 - In Teaching the New Histories of Philosophy: A Conference. Princeton, USA: University Center for Human Values, Princeton University. pp. 131-168.
    The paper concentrates on two questions: first, the problem of how to introduce students to philosophical argument in a contextualised and pluralist manner; and, second, the question of what kind of texts such a pedagogy requires at its disposal. The two questions are of course intimately related, as the dominance of the single-aim present-centred approach brings with it a highly selective publication of the archive, in editions typically suited to the aims of rational reconstruction rather than historical investigation.
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  • Moral Progress: A Present-day Perspective on the Leading Enlightenment Idea.Andrzej Elżanowski - 2013 - Argument: Biannual Philosophical Journal 3 (1):9-26.
    Most Enlightenment thinkers believed that the World’s order (as ultimately based on divine laws) is good and thus every gain of knowledge will have good consequences. Scientific process was assumed to entail moral progress. In fact some moral progress did occur in the Western civilization and science contributed to it, but it is widely incommensurate with the progress of science. The Enlightenment’s concept of a concerted scientific and moral progress proved largely wrong for several reasons. (1) Public morality and science (...)
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  • L’ontologie des vertus dans l’Inquiry de Hutcheson.François-Xavier L. Massé - 2012 - Ithaque 10:19-41.
    Hutcheson fonde sa théorie morale sur un « sens moral ». Ce sens nous permet de faire des distinctions morales. Cette théorie donnera lieu à un débat sur la réalité des valeurs morales. Selon certains commentateurs, nos distinctions morales portent sur des faits moraux réels que l’on peut connaître empiriquement grâce à notre sens moral. Inversement, certains soutiendront que le sens moral ne produit pas de connaissance morale. Les jugements moraux issus de ce sens sont des réponses émotionnelles plus ou (...)
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