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A Theory of Justice: Original Edition

Belknap Press (2009)

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  1. In Defense of Idealization in Public Reason.Kevin Vallier - 2020 - Erkenntnis 85 (5):1109-1128.
    Contemporary public reason liberalism holds that coercion must be publicly justified to an idealized constituency. Coercion must be justified to all qualified points of view, not the points of view held by actual persons. Critics, in particular Nicholas Wolterstorff and David Enoch, have complained that idealization, by idealizing away what actual people accept, risks authoritarianism and disrespect by forcing people to comply with laws they in fact reject. I argue that idealization can withstand this criticism if it satisfies two conditions. (...)
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  • The Archimedean Urge.Amia Srinivasan - 2015 - Philosophical Perspectives 29 (1):325-362.
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  • Justice, theory, and a theory of justice.Marcus Singer - 1977 - Philosophy of Science 44 (4):594-618.
    John Rawls's A Theory of Justice was published in December 1971 and has already established itself as a landmark. No other philosophical work, in our time or before, has, to my knowledge, excited so much attention in so short a time and in such varied circles. Clearly the book answers to a set of needs that have just recently surfaced, and it was published at just the right time to benefit from changing directions in philosophy and other areas of intellectual (...)
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  • Consequentializing.Douglas Portmore - 2009 - Philosophy Compass 4 (2):329-347.
    A growing trend of thought has it that any plausible nonconsequentialist theory can be consequentialized, which is to say that it can be given a consequentialist representation. In this essay, I explore both whether this claim is true and what its implications are. I also explain the procedure for consequentializing a nonconsequentialist theory and give an account of the motivation for doing so.
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  • Position‐relative consequentialism, agent‐centered options, and supererogation.Douglas Portmore - 2003 - Ethics 113 (2):303-332.
    In this paper, I argue that maximizing act-consequentialism (MAC)—the theory that holds that agents ought always to act so as to produce the best available state of affairs—can accommodate both agent-centered options and supererogatory acts. Thus I will show that MAC can accommodate the view that agents often have the moral option of either pursuing their own personal interests or sacrificing those interests for the sake of the impersonal good. And I will show that MAC can accommodate the idea that (...)
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  • The duty to obey the law.David Lefkowitz - 2006 - Philosophy Compass 1 (6):571–598.
    Under what conditions, if any, do those the law addresses have a moral duty or obligation to obey it simply because it is the law? In this essay, I identify five general approaches to carrying out this task, and offer a somewhat detailed discussion of one or two examples of each approach. The approaches studied are: relational‐role approaches that appeal to the fact that an agent occupies the role of member in the political community; attempts to ground the duty to (...)
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  • Is There a Distinctively Political Normativity?Jonathan Leader Maynard & Alex Worsnip - 2018 - Ethics 128 (4):756-787.
    A slew of recent political theorists—many taking their cue from the political writings of Bernard Williams—have recently contended that political normativity is its own kind of normativity, distinct from moral normativity. In this article, we first attempt to clarify what this claim amounts to and then reconstruct and interrogate five major arguments for it. We contend that all these arguments are unconvincing and fail to establish a sense in which political normativity is genuinely separate from morality.
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  • Welfarism.Simon Keller - 2009 - Philosophy Compass 4 (1):82-95.
    Welfarism is the view that morality is centrally concerned with the welfare or well-being of individuals. The division between welfarist and non-welfarist approaches underlies many important disagreements in ethics, but welfarism is neither consistently defined nor well understood. I survey the philosophical work on welfarism, and I offer a suggestion about how the view can be characterized and how it can be embedded in various kinds of moral theory. I also identify welfarism's major rivals, and its major attractions and weaknesses.
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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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  • Welfarism – The Very Idea.Nils Holtug - 2003 - Utilitas 15 (2):151.
    According to outcome welfarism, roughly, the value of an outcome is fundamentally a matterof the individual welfare it contains. I assess various suggestions as to how to spell out this idea more fully on the basis of some basic intuitions about the content and implications of welfarism. I point out that what are in fact different suggestions are often conflated and argue that none fully captures the basic intuitions. I then suggest that what this means is that different doctrines of (...)
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  • Why social justice is not all that matters: Justice as the first virtue.Robert Goodin - 2007 - Ethics 117 (3):413-432.
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  • Realism in political theory.William Galston - 2010 - European Journal of Political Theory 9 (4):385-411.
    In recent decades, a ‘realist’ alternative to ideal theories of politics has slowly taken shape. Bringing together philosophers, political theorists, and political scientists, this countermovement seeks to reframe inquiry into politics and political norms. Among the hallmarks of this endeavor are a moral psychology that includes the passions and emotions; a robust conception of political possibility and rejection of utopian thinking; the belief that political conflict — of values as well as interests — is both fundamental and ineradicable; a focus (...)
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  • Legitimacy is Not Authority.Jon Garthoff - 2010 - Law and Philosophy 29 (6):669-694.
    The two leading traditions of theorizing about democratic legitimacy are liberalism and deliberative democracy. Liberals typically claim that legitimacy consists in the consent of the governed, while deliberative democrats typically claim that legitimacy consists in the soundness of political procedures. Despite this difference, both traditions see the need for legitimacy as arising from the coercive enforcement of law and regard legitimacy as necessary for law to have normative authority. While I endorse the broad aims of these two traditions, I believe (...)
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  • Beyond Legitimacy. Can Proceduralism Say Anything Relevant About Justice?Emanuela Ceva - 2012 - Critical Review of International Social and Political Philosophy 15 (2):183-200.
    Whilst legitimacy is often thought to concern the processes through which coercive decisions are made in society, justice has been standardly viewed as a ‘substantial’ matter concerning the moral justification of the terms of social cooperation. Accordingly, theorization about procedures may seem appropriate for the former but not for the latter. To defend proceduralism as a relevant approach to justice, I distinguish three questions: (1) Who is entitled to exercise coercive power? (2) On what terms should the participants to a (...)
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  • Consequentialize This.Campbell Brown - 2011 - Ethics 121 (4):749-771.
    To 'consequentialise' is to take a putatively non-consequentialist moral theory and show that it is actually just another form of consequentialism. Some have speculated that every moral theory can be consequentialised. If this were so, then consequentialism would be empty; it would have no substantive content. As I argue here, however, this is not so. Beginning with the core consequentialist commitment to 'maximising the good', I formulate a precise definition of consequentialism and demonstrate that, given this definition, several sorts of (...)
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  • Political liberty: Who needs it?Jason Brennan - 2012 - Social Philosophy and Policy 29 (1):1-27.
    Research Articles Jason Brennan, Social Philosophy and Policy, FirstView Article.
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  • The Diagnostic Value of Freedom.Nicolas Côté - 2024 - Journal of Value Inquiry 58 (2):311-330.
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  • “Just” accuracy? Procedural fairness demands explainability in AI‑based medical resource allocation.Jon Rueda, Janet Delgado Rodríguez, Iris Parra Jounou, Joaquín Hortal-Carmona, Txetxu Ausín & David Rodríguez-Arias - 2022 - AI and Society:1-12.
    The increasing application of artificial intelligence (AI) to healthcare raises both hope and ethical concerns. Some advanced machine learning methods provide accurate clinical predictions at the expense of a significant lack of explainability. Alex John London has defended that accuracy is a more important value than explainability in AI medicine. In this article, we locate the trade-off between accurate performance and explainable algorithms in the context of distributive justice. We acknowledge that accuracy is cardinal from outcome-oriented justice because it helps (...)
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  • Fair, Transparent, and Accountable Algorithmic Decision-making Processes: The Premise, the Proposed Solutions, and the Open Challenges.Bruno Lepri, Nuria Oliver, Emmanuel Letouzé, Alex Pentland & Patrick Vinck - 2018 - Philosophy and Technology 31 (4):611-627.
    The combination of increased availability of large amounts of fine-grained human behavioral data and advances in machine learning is presiding over a growing reliance on algorithms to address complex societal problems. Algorithmic decision-making processes might lead to more objective and thus potentially fairer decisions than those made by humans who may be influenced by greed, prejudice, fatigue, or hunger. However, algorithmic decision-making has been criticized for its potential to enhance discrimination, information and power asymmetry, and opacity. In this paper, we (...)
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  • Darwin and Normative Ethics.John Mizzoni - 2014 - Biological Theory 9 (3):275-285.
    This article situates Darwin’s views on evolution and ethics into contemporary normative categories of moral theory by looking at Darwin’s treatment of ethics in The Descent of Man and discussing how Darwin’s approach to evolution and ethics fits with several representative normative ethical theories (virtue ethics, natural law ethics, social contract ethics, utilitarian ethics, deontological ethics, and care ethics). A close study of Darwin’s treatment of ethics that situates it among the ethical concepts and principles of the above normative theories (...)
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  • Truly humanitarian intervention: considering just causes and methods in a feminist cosmopolitan frame.Ann E. Cudd - 2013 - Journal of Global Ethics 9 (3):359-375.
    In international law, ‘humanitarian intervention’ refers to the use of military force by one nation or group of nations to stop genocide or other gross human rights violations in another sovereign nation. If humanitarian intervention is conceived as military in nature, it makes sense that only the most horrible, massive, and violent violations of human rights can justify intervention. Yet, that leaves many serious evils beyond the scope of legal intervention. In particular, violations of women's rights and freedoms often go (...)
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  • Queue‐jumping arguments.Andrew Aberdein & Kenneth R. Pike - 2024 - Metaphilosophy 55 (2):175-195.
    A queue‐jumping argument concludes that some course of action is impermissible by likening it to the presumptively impermissible act of jumping a queue. Arguments of this sort may be found in a disparate range of contexts and in support of policies favoured by both left and right. Examples include arguments against private education and private health care but also arguments against accommodations for learning disabilities, refugee resettlement, and birthright citizenship. We infer that, although queue‐jumping arguments are strictly analogies, they constitute (...)
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  • Property, Rights, and Freedom.Gerald F. Gaus - 1994 - Social Philosophy and Policy 11 (2):209-240.
    William Perm summarized theMagna Cartathus: “First, It assertsEnglishmento be free; that's Liberty. Secondly, they that have free-holds, that's Property.” Since at least the seventeenth century, liberals have not only understood liberty and property to be fundamental, but to be somehow intimately related or interwoven. Here, however, consensus ends; liberals present an array of competing accounts of the relation between liberty and property. Many, for instance, defend an essentially instrumental view, typically seeing private property as justified because it is necessary to (...)
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  • Aboriginal Property and Western Theory: Recovering a Middle Ground.James Tully - 1994 - Social Philosophy and Policy 11 (2):153-180.
    During the last forty years, the Aboriginal peoples of the Americas, of the British Commonwealth, and of other countries colonized by Europeans over the last five hundred years have demanded that their forms of property and government be recognized in international law and in the constitutional law of their countries. This broad movement of 250 million Aboriginal people has involved court cases, parliamentary politics, constitutional amendments, the United Nations, the International Court of Justice, the development of an international law of (...)
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  • Unequal residence statuses and the ideal of non-domination.Marit Hovdal-Moan - 2014 - Critical Review of International Social and Political Philosophy 17 (1):70-89.
    I propose a principle of non-domination as a benchmark for assessing the justifiability of unequal residence statuses for non-nationals in liberal democracies. This has advantages over the principles of equality and rights alike, in accommodating both the inclusive and exclusive logics of liberal democratic citizenship. Non-domination requires the state to grant upon first admission a degree of inclusion in the social privileges of citizenship that is sufficient to guard against the most severe forms of domination in social relationships. However, as (...)
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  • Austerity and Stability in Rousseau's Constitutionalism.Eoin Daly - 2013 - Jurisprudence 4 (2):173-203.
    For Rousseau, the primary function of the republican constitution is not to contain state power, but rather to cultivate certain personal dispositions and social forms through which the stability of a political order based on the general will can be realised. Thus, his constitutional projects for Corsica and Poland formulate peculiar constitutional devices aimed at fostering a distinctive vision of austerity as the social horizon of republican politics. I outline how Rousseau's political thought translates to a peculiar conception of constitutionalism (...)
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  • How to Choose Normative Concepts.Ting Cho Lau - 2024 - Analytic Philosophy 65 (2):145-161.
    Matti Eklund (2017) has argued that ardent realists face a serious dilemma. Ardent realists believe that there is a mind-independent fact as to which normative concepts we are to use. Eklund claims that the ardent realist cannot explain why this is so without plumping in favor of their own normative concepts or changing the topic. The paper first advances the discussion by clarifying two ways of understanding the question of which normative concepts to choose: a theoretical question about which concepts (...)
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  • Conscientious commitment, professional obligations and abortion provision after the reversal of Roe v Wade.Alberto Giubilini, Udo Schuklenk, Francesca Minerva & Julian Savulescu - 2024 - Journal of Medical Ethics 50 (5):351-358.
    We argue that, in certain circumstances, doctors might beprofessionallyjustified to provide abortions even in those jurisdictions where abortion is illegal. That it is at least professionally permissible does not mean that they have an all-things-considered ethical justification or obligation to provide illegal abortions or that professional obligations or professional permissibility trump legal obligations. It rather means that professional organisations should respect and indeed protect doctors’ positive claims of conscience to provide abortions if they plausibly track what is in the best (...)
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  • A Good Samaritan inspired foundation for a fair health care system.Elmar H. Frangenberg - 2011 - Medicine, Health Care and Philosophy 14 (1):73-79.
    Distributive justice on the income and on the service aspects is the most vexing modern day problem for the creation and maintenance of an all inclusive health care system. A pervasive problem of all current schemes is the lack of effective cost control, which continues to result in increasing burdens for all public and private stakeholders. This proposal posits that the responsibility and financial obligation to achieve an ideal outcome of equal and affordable access and benefits for all citizens is (...)
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  • Ethical Dilemmas in Protecting Susceptible Subpopulations From Environmental Health Risks: Liberty, Utility, Fairness, and Accountability for Reasonableness.David B. Resnik, D. Robert MacDougall & Elise M. Smith - 2018 - American Journal of Bioethics 18 (3):29-41.
    Various U.S. laws, such as the Clean Air Act and the Food Quality Protection Act, require additional protections for susceptible subpopulations who face greater environmental health risks. The main ethical rationale for providing these protections is to ensure that environmental health risks are distributed fairly. In this article, we (1) consider how several influential theories of justice deal with issues related to the distribution of environmental health risks; (2) show that these theories often fail to provide specific guidance concerning policy (...)
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  • The Difficulty of Making Good Work Available to All.Pascal Brixel - 2024 - Journal of Applied Philosophy 41 (2):267-288.
    How might good work – skilled, autonomous work which affords workers opportunities for meaningful social cooperation in decent conditions – be made available to all? I evaluate five commonly advanced strategies: an unregulated labor market, egalitarian redistribution of resources, state regulation, collective bargaining, and workplace democracy. Each, I argue, has significant limitations. An unregulated labor market ignores workers' unduly weak bargaining power vis-à-vis employers. Egalitarian redistribution alone fails to solve this problem due to distinctive and endemic imperfections of labor markets. (...)
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  • When Is Work Unjust? Confronting the Choice between ‘Pluralistic’ and ‘Unifying’ Approaches.Sarah C. Goff - 2024 - Journal of Applied Philosophy 41 (2):218-234.
    Individuals have different experiences of work when they are self-employed, when they perform tasks in the gig economy, and when they follow directives from managers. But such differences are not represented in some of the most prominent non-ideal theories of work. These describe workers as a coherent group, with a position in the structure of the liberal capitalist economy. I present an alternative that does better at acknowledging difference, through a description of work and workers that has greater ‘pluralism’ and (...)
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  • The good life as the life in touch with the good.Adam Lovett & Stefan Riedener - 2024 - Philosophical Studies 181 (5):1141-1165.
    What makes your life go well for you? In this paper, we give an account of welfare. Our core idea is simple. There are impersonally good and bad things out there: things that are good or bad period, not (or not only) good or bad for someone. The life that is good for you is the life in contact with the good. We’ll understand the relevant notion of ‘contact’ here in terms of manifestation: you’re in contact with a value when (...)
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  • Just politics.Glen Newey - 2012 - Critical Review of International Social and Political Philosophy 15 (2):165-182.
    This paper asks whether political justice can be encapsulated by procedures. It examines John Rawls’s tripartite distinction between perfect, pure and imperfect procedural justice, concluding that none gives a satisfactory account of procedural justice. Imperfect procedural justice assumes that there could be an authoritative source of justice other than procedures, while perfect procedural justice takes a double-minded view of procedure-independent standards of justice. That leaves pure procedural justice as an apparently decisionistic mode of deciding which outcomes are just. This at (...)
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  • Does the Patterned View Avoid the Ideal Worlds Objection?Benedict Rumbold - 2024 - Utilitas 36 (2):130-147.
    Can we formulate a moral theory that captures the moral significance of patterns of group behaviour we cannot affect through our own action while at the same time avoiding the so-called ‘Ideal Worlds’ objection? In a recent article, Caleb Perl has argued that we can. Specifically, Perl claims that one view that does so is his Patterned View: roughly, you ought to act only in accordance with that set of sufficiently general rules that has optimal moral value (Perl 2021: 98). (...)
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  • In Defense of a Utilitarian Business Ethic.Andrew Gustafson - 2013 - Business and Society Review 118 (3):325-360.
    In this article, I suggest and support a utilitarian approach to business ethics. Utilitarianism is already widely used as a business ethic approach, although it is not well developed in the literature. Utilitarianism provides a guiding framework of decision making rooted in social benefit which helps direct business toward more ethical behavior. It is the basis for much of our discussion regarding the failures of Enron, Worldcom, and even the subprime mess andWallStreetMeltdown. In short, the negative social consequences are constantly (...)
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  • Political morality and constitutional settlements.Steven Wall - 2013 - Critical Review of International Social and Political Philosophy 16 (4):481-499.
    This paper presents a way of thinking about how to respond to the pluralism of modern societies that avoids any commitment to contractualist norms of political justification. The argument developed appeals to the notion of a constitutional settlement. Constitutional settlements are complex on-going social practices that both express certain values to which political societies are committed and establish procedures for resolving disputes among members of these societies. As such, they are a product of both moral commitment and the balance of (...)
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  • Global care ethics: beyond distribution, beyond justice.Fiona Robinson - 2013 - Journal of Global Ethics 9 (2):131 - 143.
    This article defends an ethics of care approach to global justice, which begins with an empirically informed account of injustices resulting from the workings and effects of contemporary neo-liberalism and hegemonic masculinities. Dominant distributive approaches to global justice see the unequal distribution of resources or ?primary goods? as the basic source of injustice. Crucially, however, most of these liberal theories do not challenge the basic structural and ideational ?frames? that govern the global political economy. Instead, they seek to ?correct? unjust (...)
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  • Pessimism and procreation.Daniel Pallies - 2023 - Philosophy and Phenomenological Research 108 (3):751-771.
    The pessimistic hypothesis is the hypothesis that life is bad for us, in the sense that we are worse off for having come into existence. Suppose this hypothesis turns out to be correct — existence turns out to be more of a burden than a gift. A natural next thought is that we should stop having children. But I contend that this is a mistake; procreation would often be permissible even if the pessimistic hypothesis turned out to be correct. Roughly, (...)
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  • What We Argue About When We Argue About Death.Sean Aas - forthcoming - Journal of Medicine and Philosophy.
    The literature on the determination of death has often if not always assumed that the concept of human death should be defined in terms of the end of the human organism. I argue that this broadly biological conceptualization of human death cannot constitute a basis for agreement in a pluralistic society characterized by a variety of reasonable views on the nature of our existence as embodied beings. Rather, following Robert Veatch, I suggest that we must define death in moralized terms, (...)
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  • Wrongful discrimination against non-pregnant people?Kasper Lippert-Rasmussen, Andreas Bengtson & Hugo Cosette-Lefebvre - 2024 - Journal of Medical Ethics 50 (1):26-27.
    Heloise Robinson argues that pregnant women have a higher moral status than non-pregnant persons and that, for this reason, pregnant women ought to be treated ‘noticeably’ better than non-pregnant persons.1 In this commentary, we present two challenges to Robinson’s argument. First, the compounding disadvantage objection: treating involuntarily, non-pregnant women worse than voluntarily pregnant women unjustly compounds their disadvantage. Second, the identity objection: treating non-pregnant people worse than pregnant people amounts to pro tanto wrongful discrimination based on a fundamental aspect of (...)
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  • The Interest of Philosophy of Mathematics (Education).Karen François - 2024 - Philosophia Mathematica 32 (1):137-142.
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  • Reflective Reasoning & Philosophy.Nick Byrd - 2021 - Philosophy Compass 16 (11):e12786.
    Philosophy is a reflective activity. So perhaps it is unsurprising that many philosophers have claimed that reflection plays an important role in shaping and even improving our philosophical thinking. This hypothesis seems plausible given that training in philosophy has correlated with better performance on tests of reflection and reflective reasoning has correlated with demonstrably better judgments in a variety of domains. This article reviews the hypothesized roles of reflection in philosophical thinking as well as the empirical evidence for these roles. (...)
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  • A philosopher's guide to multidimensional equality.Kristi A. Olson - 2022 - Philosophy Compass 17 (4):e12817.
    Philosophy Compass, Volume 17, Issue 4, April 2022.
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  • Federalism: Contemporary political philosophy issues.Michael Da Silva - 2022 - Philosophy Compass 17 (4):e12820.
    Philosophy Compass, Volume 17, Issue 4, April 2022.
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  • Structural injustice.Maeve McKeown - 2021 - Philosophy Compass 16 (7):e12757.
    The concept of “structural injustice” has a long intellectual lineage, but Iris Marion Young popularised the term in her late work in the 2000s. Young’s theory tapped into the zeitgeist of the time, providing a credible way of thinking about transnational and domestic injustices, illuminating the importance of political, economic and social structures in generating injustice, theorising the role of individuals in perpetuating structural injustice, and the responsibility of everyone to try to correct it. Young’s theory has inspired secondary and (...)
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  • The ADC of Moral Judgment: Opening the Black Box of Moral Intuitions With Heuristics About Agents, Deeds, and Consequences.Veljko Dubljević & Eric Racine - 2014 - American Journal of Bioethics Neuroscience 5 (4):3-20.
    This article proposes a novel integrative approach to moral judgment and a related model that could explain how unconscious heuristic processes are transformed into consciously accessible moral intuitions. Different hypothetical cases have been tested empirically to evoke moral intuitions that support principles from competing moral theories. We define and analyze the types of intuitions that moral theories and studies capture: those focusing on agents (A), deeds (D), and consequences (C). The integrative ADC approach uses the heuristic principle of “attribute substitution” (...)
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  • Habermas and Rawls on an Epistemic Status of the Principles of Justice.Krzysztof Kędziora - 2019 - Acta Universitatis Lodziensis. Folia Philosophica. Ethica-Aesthetica-Practica 34:31-46.
    The so-called debate between Jürgen Habermas and John Rawls concentrated mainly on the latter’s political liberalism. It dealt with the many aspects of Rawls’s philosophical project. In this article, I focus only on one of them, namely the epistemic or cognitivistic nature of principles of justice. The first part provides an overview of the debate, while the second part aims to show that Habermas has not misinterpreted Rawls’s position. I argue that Habermas rightly considers Rawls’s conception of justice as a (...)
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  • Review of J. Alexander, Experimental Philosophy: An Introduction. [REVIEW]Regina A. Rini - 2012 - International Studies in the Philosophy of Science 26 (4):457-460.
    Experimental Philosophy: An Introduction Joshua Alexander Cambridge, Polity Press, 2012 154 pp., ISBN 9780745649177, £50, US$64.95 (hardback); ISBN 9780745698184, £15.99, US$22.95 (paperback)Joshua...
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  • Could Kant Have been A Utilitarian?Richard Hare - 1993 - Utilitas 5 (1):1-16.
    … the supreme end, the happiness of all mankind (Kr VA851/NKS 665).The law concerning punishment is a Categorical Imperative; and woe to him who rummages around in the winding paths of a theory of happiness, looking for some advantage to be gained by releasing the criminal from punishment or by reducing the amount of it (Rl.A196/B226, 6:331; Ladd, 100).
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