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Creating the Kingdom of Ends

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

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  1. Psychopathy: Morally Incapacitated Persons.Heidi Maibom - 2017 - In Thomas Schramme & Steven Edwards (eds.), Handbook of the Philosophy of Medicine. Springer. pp. 1109-1129.
    After describing the disorder of psychopathy, I examine the theories and the evidence concerning the psychopaths’ deficient moral capacities. I first examine whether or not psychopaths can pass tests of moral knowledge. Most of the evidence suggests that they can. If there is a lack of moral understanding, then it has to be due to an incapacity that affects not their declarative knowledge of moral norms, but their deeper understanding of them. I then examine two suggestions: it is their deficient (...)
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  • On the survival of humanity.Johann Frick - 2017 - Canadian Journal of Philosophy 47 (2-3):344-367.
    What moral reasons, if any, do we have to ensure the long-term survival of humanity? This article contrastively explores two answers to this question: according to the first, we should ensure the survival of humanity because we have reason to maximize the number of happy lives that are ever lived, all else equal. According to the second, seeking to sustain humanity into the future is the appropriate response to the final value of humanity itself. Along the way, the article discusses (...)
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  • National identity, political trust and the public realm.Matthew Festenstein - 2009 - Critical Review of International Social and Political Philosophy 12 (2):279-296.
    The representative institutions of democratic government require the public sphere; but this in turn rests on the fellow‐feeling of citizens. In this article, I explore some recent ways of fleshing out Mill’s thought that patriotic fellow‐feeling is instrumental for a form of trust that the public sphere requires. Deliberation, argument and negotiation in the public sphere require a willingness to discuss, alter one’s position, compromise with others, and do so in good faith and in the belief that other participants are (...)
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  • The Philosophy of Online Manipulation.Michael Klenk & Fleur Jongepier (eds.) - 2022 - Routledge.
    Are we being manipulated online? If so, is being manipulated by online technologies and algorithmic systems notably different from human forms of manipulation? And what is under threat exactly when people are manipulated online? This volume provides philosophical and conceptual depth to debates in digital ethics about online manipulation. The contributions explore the ramifications of our increasingly consequential interactions with online technologies such as online recommender systems, social media, user-friendly design, micro-targeting, default-settings, gamification, and real-time profiling. The authors in this (...)
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  • Moral Realism and the Existence of God: Improving Parfit’s Metaethics.Martin Jakobsen - 2020 - Leuven, Belgia: Peeters.
    Can there be an objective morality without God? Derek Parfit argues that it can and offers a theory of morality that is neither theistic nor naturalistic. This book provides a critical assessment of Parfit's metaethical theory. Jakobsen identifies some problems in Parfit’s theory – problems concerning moral normativity, the ontological status of morality, and evolutionary influence on our moral beliefs – and argues that theological resources can help solve them. By showing how Parfit’s theory may be improved by the help (...)
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  • Do Hypothetical Imperatives Require Categorical Imperatives?Jeremy Schwartz - 2010 - European Journal of Philosophy 18 (1):84-107.
    Abstract:Recently, the idea that every hypothetical imperative must somehow be ‘backed up’ by a prior categorical imperative has gained a certain influence among Kant interpreters and ethicists influenced by Kant. Since instrumentalism is the position that holds that hypothetical imperatives can by themselves and without the aid of categorical imperatives explain all valid forms of practical reasoning, the influential idea amounts to a rejection of instrumentalism as internally incoherent. This paper argues against this prevailing view both as an interpretation of (...)
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  • The Relational Structure of Human Dignity.Ariel Zylberman - 2018 - Australasian Journal of Philosophy 96 (4):738-752.
    ABSTRACTThis article argues that received accounts of the concept of human dignity face more difficulties than has been appreciated, when explaining the connection between human dignity and the duty of respect that dignity is supposed to generate. It also argues that a novel, relational, account has the adequate structure to explain such connection.
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  • Can Positive Duties be Derived from Kant’s Categorical Imperative?Michael Yudanin - 2015 - Ethical Theory and Moral Practice 18 (3):595-614.
    Kant’s moral philosophy usually considers two types of duties: negative duties that prohibit certain actions and positive duties commanding action. With that, Kant insists on deriving all morality from reason alone. Such is the Categorical Imperative that Kant lays at the basis of ethics. Yet while negative duties can be derived from the Categorical Imperative and thus from reason, the paper argues that this is not the case with positive duties. After answering a number of attempts to derive positive duties (...)
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  • Igniting the flicker of freedom: Revisiting the Frankfurt scenario.Garry Young - 2007 - Philosophia 35 (2):171-180.
    This paper aims to challenge the view that the sign present in many Frankfurt-style scenarios is insufficiently robust to constitute evidence for the possibility of an alternate decision, and therefore inadequate as a means of determining moral responsibility. I have amended Frankfurt’s original scenario, so as to allow Jones, as well as Black, the opportunity to monitor his (Jones’s) own inclination towards a particular decision (the sign). Different outcome possibilities are presented, to the effect that Jones’s awareness of his own (...)
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  • Kant's Justification of the Death Penalty Reconsidered.Benjamin S. Yost - 2010 - Kantian Review 15 (2):1-27.
    This paper argues that Immanuel Kant’s practical philosophy contains a coherent, albeit implicit, defense of the legitimacy of capital punishment, one that refutes the most important objections leveled against it. I first show that Kant is consistent in his application of the ius talionis. I then explain how Kant can respond to the claim that death penalty violates the inviolable right to life. To address the most significant objection – the claim that execution violates human dignity – I argue that (...)
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  • Sense and Sensibility in Kant's Practical Agent: Against the Intellectualism of Korsgaard and Sidgwick.Julian Wuerth - 2013 - European Journal of Philosophy 21 (1):1-36.
    Drawing on a wide range of Kant's recorded thought beyond his Groundwork for the Metaphysics of Morals, this essay presents an overview of Kant's account of practical agency as embodied practical agency and argues against the intellectualized interpretations of Kant's account of practical agency presented by Christine Korsgaard and Henry Sidgwick. In both Kant's empirical-psychological and metaphysical descriptions of practical agency, he presents a recognizably human practical agent that is broader and deeper than the faculty of reason alone. This agent (...)
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  • Rethinking expressive theories of punishment: why denunciation is a better bet than communication or pure expression.Bill Wringe - 2017 - Philosophical Studies 174 (3):681-708.
    Many philosophers hold that punishment has an expressive dimension. Advocates of expressive theories have different views about what makes punishment expressive, what kinds of mental states and what kinds of claims are, or legitimately can be expressed in punishment, and to what kind of audience or recipients, if any, punishment might express whatever it expresses. I shall argue that in order to assess the plausibility of an expressivist approach to justifying punishment we need to pay careful attention to whether the (...)
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  • Moral discourse, pluralism, and moral cognitivism.John R. Wright - 2005 - Metaphilosophy 37 (1):92–111.
    In the face of pluralism, moral constructivists attempt to salvage cognitivism by separating moral and ethical issues. Divergence over ethical issues, which concern the good life, would not threaten moral cognitivism, which is based on identifying generalizable interests as worthy of defending, using reason. Yet this approach falters given the inability of the constructivist to provide us a sure path by which to discern generalizable interests in difficult cases. Still, even if this approach to constructivism fails, cognitivist aspirations may not (...)
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  • Collective Agents and Communicative Theories of Punishment.Bill Wringe - 2012 - Journal of Social Philosophy 43 (4):436-456.
    This paper considers the applicability of expressive theories of punishment to the punishment of corporate entities. The author argues that although arguments which suggest that the denunciatory account is superior to a communicative account in paradigmatic cases of punishment cannot be transferred straightforwardly to cover this kind of case, there are other reasons, connected with the different attitudes we have to regret and remorse in individual and collective cases, for preferring a communicative to a denunciatory account here.
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  • Blame and responsibility.Garrath Williams - 2003 - Ethical Theory and Moral Practice 6 (4):427-445.
    This paper looks at judgments of guilt in the face of alleged wrong-doing, be it in public or in private discourse. Its concern is not the truth of such judgments, although the complexity and contestability of such claims will be stressed. The topic, instead, is what sort of activities we are engaged in, when we make our judgments on others' conduct. To examine judging as an activity it focuses on a series of problems that can occur when we blame others. (...)
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  • The Juridical Significance of Kant's 'Supposed Right to Lie'.Jacob Weinrib - 2008 - Kantian Review 13 (1):141-170.
    In his ‘On a Supposed Right to Lie from Philanthropy’ Kant makes the astonishing claim that one is not entitled to lie even to save a friend from a murderer. This claim has been an embarrassment for Kant's defenders and an indication of Kant's excessive rigour for his detractors. Responses to SRL fall into three main groups. The first of these groups, that of Kant's critics, claim that SRL demonstrates that Kant's ethical views are so rigorous that they become abhorrent (...)
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  • Critical Notice.Daniel M. Weinstock - 2000 - Canadian Journal of Philosophy 30 (2):315-339.
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  • The metaethicists' mistake.Ralph Wedgwood - 2004 - Philosophical Perspectives 18 (1):405–426.
    According to normative judgment internalism (NJI), normative judgments -- that is, judgments of the form 'I ought to F' and the like -- are "essentially practical", in the sense that they are in some way essentially connected to practical reasoning, or to motivation for action. Many metaethicists believe that if NJI is true, then it would cast grave doubts on any robustly realist (RR) conception of normative judgments. These metaethicists are mistaken. This mistake about the relations between NJI and RR (...)
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  • Practical reasoning as figuring out what is best: Against constructivism.Ralph Wedgwood - 2002 - Topoi 21 (1-2):139-152.
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  • Kant’s Deductions of Morality and Freedom.Owen Ware - 2017 - Canadian Journal of Philosophy 47 (1):116-147.
    It is commonly held that Kant ventured to derive morality from freedom in Groundwork III. It is also believed that he reversed this strategy in the second Critique, attempting to derive freedom from morality instead. In this paper, I set out to challenge these familiar assumptions: Kant’s argument in Groundwork III rests on a moral conception of the intelligible world, one that plays a similar role as the ‘fact of reason’ in the second Critique. Accordingly, I argue, there is no (...)
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  • Authenticity and autonomy in deep-brain stimulation.Alistair Wardrope - 2014 - Journal of Medical Ethics 40 (8):563-566.
    Felicitas Kraemer draws on the experiences of patients undergoing deep-brain stimulation to propose two distinct and potentially conflicting principles of respect: for an individual's autonomy , and for their authenticity. I argue instead that, according to commonly-invoked justifications of respect for autonomy, authenticity is itself in part constitutive of an analysis of autonomy worthy of respect; Kraemer's argument thus highlights the shortcomings of practical applications of respect for autonomy that emphasise competence while neglecting other important dimensions of autonomy such as (...)
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  • Kant and the Duty to Act from Duty.Michael Walschots - 2022 - History of Philosophy Quarterly 39 (1):59-75.
    Several interpreters argue that Kant believes we have a duty to act “from duty.” If there is such a duty, however, then Kant's moral theory faces a serious problem, namely that of an allegedly vicious infinite regress of duties. No serious attempt has been made to determine how Kant might respond to this problem and insufficient work has been done to determine whether he even believes we have a duty to act from duty. In this paper I argue that not (...)
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  • Membership in a kind: Nature, norms, and profound disability.John Vorhaus - 2021 - Metaphilosophy 53 (1):25-37.
    Metaphilosophy, Volume 53, Issue 1, Page 25-37, January 2022.
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  • Morality, reasons, and sentiments.Eric Vogelstein - 2011 - Philosophical Studies 155 (3):421-432.
    Morality is commonly thought to be normative in a robust and important way. This is commonly cashed out in terms of normative reasons. It is also commonly thought that morality is necessarily and universally normative, i.e., that moral reasons are reasons for any possible moral agent. Taking these commonplaces for granted, I argue for a novel view of moral normativity. I challenge the standard view that moral reasons are reasons to act. I suggest that moral reasons are reasons for having (...)
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  • A new moral sentimentalism.Eric Vogelstein - 2016 - Canadian Journal of Philosophy 46 (3):346-368.
    This paper argues for a novel sentimentalist realist metaethical theory, according to which moral wrongness is analyzed in terms of the sentiments one has most reason to have. As opposed to standard sentimentalist views, the theory does not employ sentiments that are had in response to morally wrong action, but rather sentiments that antecedently dispose people to refrain from immoral behavior, specifically the sentiments of compassion and respect.
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  • Sages, Sympathy, and Suffering in Kant’s Theory of Friendship.Benjamin Vilhauer - 2021 - Canadian Journal of Philosophy 51 (6):452-467.
    Kant’s theory of friendship is crucial in defending his ethics against the longstanding charge of emotional detachment. But his theory of friendship is vulnerable to this charge too: the Kantian sage can appear to reject sympathetic suffering when she cannot help a suffering friend. I argue that Kant is committed to the view that both sages and ordinary people must suffer in sympathy with friends even when they cannot help, because sympathy is necessary to fulfill the imperfect duty to adopt (...)
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  • Irrational Advertising and Moral Autonomy.Alonso Villarán - 2017 - Journal of Business Ethics 144 (3):479-490.
    This article analyzes the four main criticisms against commercial manipulative advertising : the virtue ethics criticism, the utilitarian criticism, the autonomist criticism, and the Kantian criticism. After demonstrating the weaknesses of the virtue ethics criticism, the utilitarian criticism, and the autonomist criticism, I reconstruct the latter using Kant’s conception of autonomy. In doing so, I simultaneously expand the Kantian criticism: irrational advertising not only entails treating humanity merely as means, but it also threatens moral autonomy by encouraging heteronomy and sometimes (...)
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  • A normative theory of reparations in transitional democracies.Ernesto Verdeja - 2006 - Metaphilosophy 37 (3-4):449–468.
    This essay outlines a normative theory of reparations for transitional democracies. The article situates the theory within current critical‐theory debates on recognition and redistribution, and it argues that any model of reparations should aim to achieve what Nancy Fraser calls “status parity.” Such a model should be conceptualized according to a typology of acknowledgment along one axis (symbolic and material) and a typology of recipients (individual and collective) along the other. I conclude by identifying several key contributions that reparations can (...)
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  • The lutheran influence on Kant’s depraved will.Dennis Vanden Auweele - 2013 - International Journal for Philosophy of Religion 73 (2):117-134.
    Contemporary Kant-scholarship has a tendency to allign Kant’s understanding of depravity closer to Erasmus than Luther in their famous debate on the freedom of the will (1520–1527). While, at face value, some paragraphs do warrant such a claim, I will argue that Kant’s understanding of the radical evil will draws closer to Luther than Erasmus in a number of elements. These elements are (1) the intervention of the Wille for progress towards the good, (2) a positive choice for evil, (3) (...)
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  • Kant and Moral Demandingness.Marcel van Ackeren & Martin Sticker - 2015 - Ethical Theory and Moral Practice 18 (1):75-89.
    We discuss the demandingness of Kant’s ethics. Whilst previous discussions of this issue focused on imperfect duties, our first aim is to show that Kantian demandingness is especially salient in the class of perfect duties. Our second aim is to introduce a fine-grained picture of demandingness by distinguishing between different possible components of a moral theory which can lead to demandingness: a required process of decision making, overridingness and the stringent content of demands, due to a standpoint of moral purity. (...)
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  • An Examination of the Relationship Between Ethical Work Climate and Moral Awareness.Craig V. VanSandt, Jon M. Shepard & Stephen M. Zappe - 2006 - Journal of Business Ethics 68 (4):409-432.
    This paper draws from the fields of history, sociology, psychology, moral philosophy, and organizational theory to establish a theoretical connection between a social/organizational influence (ethical work climate) and an individual cognitive element of moral behavior (moral awareness). The research was designed to help to fill a gap in the existing literature by providing empirical evidence of the connection between organizational influences and individual moral awareness and subsequent ethical choices, which has heretofore largely been merely assumed. Results of the study provide (...)
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  • The Problem of Agency and the Problem of Accountability in Kant's Moral Philosophy.Iuliana Corina Vaida - 2011 - European Journal of Philosophy 22 (1):110-137.
    : This paper discusses the function and scope of incompatibilist or transcendental freedom in Kant's moral philosophy. The prevailing view among scholars, most notably Allison, is that the function of transcendental freedom is to enable us to articulate a first-person conception of ourselves as rational agents involved in deliberation and choice. Thus, the scope of transcendental freedom is rational agency in general. In order to perform this function, freedom has to be merely conceivable. Pace Allison, I argue that our first-person (...)
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  • Is Rawls's theory of justice exclusively forward-looking?Moisés Vaca - 2013 - Tópicos: Revista de Filosofía 45 (1):299-330.
    En este trabajo respondo una objeción a la tesis de que la teoría de Rawls debe atender problemas relacionados a la injusticia histórica. Esta objeción sostiene que dicha teoría está justificada en no considerar problemas de injusticia histórica debido a su supuesto carácter exclusivamente prospectivo. La objeción tiene dos presentaciones diferentes. Primero, como la idea de que hay razones internas a la propia teoría de Rawls que justifican dicho carácter exclusivamente prospectivo —tales como el problema de elección modelado en la (...)
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  • ‘Kingdom of Ends’ as Economic Model: Whether Transition is Possible?Alexey Trotsak - 2016 - Kairos 16 (1):1-13.
    The article considers the connection between ethics, in particular Kant’s practical philosophy, and economics. The author examines historical reasons for Kant’s ethic not to have become part of the economic discourse and interprets modern business processes from Kant’s perspective. The article aims to demonstrate the possibilities of applying the philosophical instruments of Kant’s morals to concrete economic issues.
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  • Playing Fair and Following the Rules.Justin Tosi - 2017 - Journal of Moral Philosophy 14 (2):134-141.
    In his paper “Fairness, Political Obligation, and the Justificatory Gap” (published in the Journal of Moral Philosophy), Jiafeng Zhu argues that the principle of fair play cannot require submission to the rules of a cooperative scheme, and that when such submission is required, the requirement is grounded in consent. I propose a better argument for the claim that fair play requires submission to the rules than the one Zhu considers. I also argue that Zhu’s attribution of consent to people commonly (...)
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  • Value without regress: Kant's 'formula of humanity' revisited.Jens Timmermann - 2006 - European Journal of Philosophy 14 (1):69–93.
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  • Why Be an Agent?Evan Tiffany - 2012 - Australasian Journal of Philosophy 90 (2):223 - 233.
    Constitutivism is the view that it is possible to derive contentful, normatively binding demands of practical reason and morality from the constitutive features of agency. Whereas much of the debate has focused on the constitutivist's ability to derive content, David Enoch has challenged her ability to generate normativity. Even if one can derive content from the constitutive aims of agency, one could simply demur: ?Bah! Agency, shmagency?. The ?Why be moral?? question would be replaced by the ?Why be an agent?? (...)
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  • Reasonable Partiality and the Agent’s Point of View.Alan Thomas - 2005 - Ethical Theory and Moral Practice 8 (1-2):25-43.
    It is argued that reasonable partiality allows an agent to attach value to particular objects of attachment via recognition of the value of the holding of that relation between agent and object. The reasonableness of partiality is ensured by a background context set by the agent's virtues, notably justice. It is argued that reasonable partiality is the only view that is compatible with our best account of the nature of self-knowledge. That account rules out any instrumental relationship between moral demands (...)
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  • Guilt and Child Soldiers.Krista K. Thomason - 2016 - Ethical Theory and Moral Practice 19 (1):115-127.
    The use of child soldiers in armed conflict is an increasing global concern. Although philosophers have examined whether child soldiers can be considered combatants in war, much less attention has been paid to their moral responsibility. While it is tempting to think of them as having diminished or limited responsibility, child soldiers often report feeling guilt for the wrongs they commit. Here I argue that their feelings of guilt are both intelligible and morally appropriate. The feelings of guilt that child (...)
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  • Reconstructing Rawls: The Kantian Foundations of Justice as Fairness.Robert S. Taylor - 2011 - Pennsylvania State University Press.
    With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...)
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  • Revisiting Strawsonian Arguments from Inescapability.Szigeti Andras - 2012 - Philosophica 85 (2):91-121.
    Peter Strawson defends the thesis that determinism is irrelevant to the justifiability of responsibility-attributions. In this paper, I want to examine various arguments advanced by Strawson in support of this thesis. These arguments all draw on the thought that the practice of responsibility is inescapable. My main focus is not so much the metaphysical details of Strawsonian compatibilism, but rather the more fundamental idea that x being inescapable may be reason for us to regard x as justified. I divide Strawsonian (...)
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  • The Two Sources of Moral Standing.Justin Sytsma & Edouard Machery - 2012 - Review of Philosophy and Psychology 3 (3):303-324.
    There are two primary traditions in philosophical theorizing about moral standing—one emphasizing Experience (the capacity to feel pain and pleasure) and one emphasizing Agency (complexity of cognition and lifestyle). In this article we offer an explanation for this divide: Lay judgments about moral standing depend importantly on two independent cues (Experience and Agency), and the two philosophical traditions reflect this aspect of folk moral cognition. In support of this two-source hypothesis, we present the results of a series of new experiments (...)
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  • Reliabilism without Epistemic Consequentialism.Kurt L. Sylvan - 2018 - Philosophy and Phenomenological Research (3):525-555.
    Philosophy and Phenomenological Research, EarlyView.
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  • Kant and Contemporary Ethics.Philip Stratton-Lake - 1998 - Kantian Review 2:1-13.
    It is difficult to exaggerate the extent to which Kant has influenced contemporary ethics. Whether or not one is sympathetic to his moral theory, one cannot ignore it, or the various ethical theories which draw their inspiration from it. Debates which have centred on Kantian themes include debates about whether moral requirements are categorical imperatives, whether they have an overriding authority, whether the various moral judgements we make can be codified, the role of duty in moral motivation, whether there are (...)
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  • In defense of future tuesday indifference: Ideally coherent eccentrics and the contingency of what matters.Sharon Street - 2009 - Philosophical Issues 19 (1):273-298.
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  • Parfit und Kant über vernünftige Zustimmung ​.Martin Sticker - 2016 - Zeitschrift für Praktische Philosophie 3 (2):221-254.
    Nach Parfit konvergieren die systematisch stärksten Versionen von Kantianismus, Regel-Konsequentialismus und Kontraktualismus in einer Triple Theory. Ich konzentriere mich auf eine der zentralen Schwierigkeiten, Kantianismus und Konsequentialismus zusammenzubringen: die Rolle von Zustimmung, welche ihren deutlichsten Ausdruck in Kants Zweck-an-sich-Formel findet. Ich zeige zunächst, wie die Einführung unparteilicher, nichtmoralischer Gründe, auf der viel Gewicht in Parfits Zustimmungsprinzip liegt, in einigen Fällen die Zweck-an-sich-Formel zu dem intuitiv richtigen Ergebnis führen kann. Anschließend wende ich mich kritisch gegen Parfit. Ich diskutiere zwei Einwände gegen (...)
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  • Warrants to conserve.Jonathan Stanhope - 2021 - Analysis 81 (1):62-71.
    This paper is about reasons to conserve, in particular why some things warrant being conserved. In discussing G. A. Cohen’s conservatism, I find strains of four answers to the question why, presumptively, we should not sacrifice existing valuable things, a fortiori destroy them for no overall gain in value. After criticizing the first three, I develop the fourth into a deflationary proposal. That is, it implicates just one sub-type of value and takes certain first-order properties – or the value supervening (...)
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  • Samuel Scheffler on Valuing and Considering Valuable.Jonathan Stanhope - 2020 - Philosophia 48 (4):1609-1616.
    Consider the utterances ‘our friendship is valuable’ and ‘I value our friendship’. On the face of it, these aren’t semantic equivalents: the former ascribes a property to our friendship, whereas the latter reports something about how I relate to our friendship. In this short paper, I first outline Samuel Scheffler’s account of valuing and of the difference between valuing and considering valuable. I then propose an amendment to his account of valuing, one which concerns how we interact with our value-related (...)
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  • Samuel Scheffler on Valuing and Considering Valuable.Jonathan Stanhope - 2020 - Philosophia 48 (4):1609-1616.
    Consider the utterances ‘our friendship is valuable’ and ‘I value our friendship’. On the face of it, these aren’t semantic equivalents: the former ascribes a property to our friendship, whereas the latter reports something about how I relate to our friendship. In this short paper, I first outline Samuel Scheffler’s account of valuing and of the difference between valuing and considering valuable. I then propose an amendment to his account of valuing, one which concerns how we interact with our value-related (...)
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  • Competing Fairly in the New Economy: Lessons from the Browser Wars.R. A. Spinello - 2005 - Journal of Business Ethics 57 (4):343-361.
    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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