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Ethics: Inventing Right and Wrong

New York: Penguin Books (1977)

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  1. Do ‘Objectivist’ Features of Moral Discourse and Thinking Support Moral Objectivism?Gunnar Björnsson - 2012 - The Journal of Ethics 16 (4):367-393.
    Many philosophers think that moral objectivism is supported by stable features of moral discourse and thinking. When engaged in moral reasoning and discourse, people behave ‘as if’ objectivism were correct, and the seemingly most straightforward way of making sense of this is to assume that objectivism is correct; this is how we think that such behavior is explained in paradigmatically objectivist domains. By comparison, relativist, error-theoretic or non-cognitivist accounts of this behavior seem contrived and ad hoc. After explaining why this (...)
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  • Raz on necessity.Brian H. Bix - 2003 - Law and Philosophy 22 (6):537 - 559.
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  • Epistemic Authorities and Skilled Agents: A Pluralist Account of Moral Expertise.Federico Bina, Sofia Bonicalzi & Michel Croce - forthcoming - Topoi:1-13.
    This paper explores the concept of moral expertise in the contemporary philosophical debate, with a focus on three accounts discussed across moral epistemology, bioethics, and virtue ethics: an epistemic authority account, a skilled agent account, and a hybrid model sharing key features of the two. It is argued that there are no convincing reasons to defend a monistic approach that reduces moral expertise to only one of these models. A pluralist view is outlined in the attempt to reorient the discussion (...)
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  • Valor intrínseco y valor extrínseco en ética ambiental. Una alternativa antropocéntrica al instrumentalismo.Juan Pablo Hernandez - 2019 - Isegoría 61:641-654.
    In the first place, I propose to specify the debate between non-anthropocentrists and anthropocentrists as one between those who defend that the environment has intrinsic value, that is, value that while independent of all relation to human beings is still morally binding, and those who deny this, i.e., assert that the environment only has extrinsic value. I argue for the second option but claim that this should not be an obstacle to address some of the worries of environmental ethics, since (...)
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  • Values in Climate Ethics.Hein Berdinesen - 2018 - Journal of Agricultural and Environmental Ethics 31 (3):389-403.
    The aim of the article is to give an outline of a value theory suitable for climate ethics, based on a perfectionist account on the convergence between prudential values and moral responsibility. I claim that such a convergence may generate a system of values that specify norms and obligations and attribute responsibility towards future generations, and thereby provides us with a measure of acceptable political action.
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  • Underdetermination and realism.Lars Bergström - 1984 - Erkenntnis 21 (3):349 - 365.
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  • Mackie Was Not an Error Theorist.Selim Berker - 2019 - Philosophical Perspectives 33 (1):5-25.
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  • The internal morality of medicine: a constructivist approach.Nir Ben-Moshe - 2019 - Synthese 196 (11):4449-4467.
    Physicians frequently ask whether they should give patients what they want, usually when there are considerations pointing against doing so, such as medicine’s values and physicians’ obligations. It has been argued that the source of medicine’s values and physicians’ obligations lies in what has been dubbed “the internal morality of medicine”: medicine is a practice with an end and norms that are definitive of this practice and that determine what physicians ought to do qua physicians. In this paper, I defend (...)
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  • There is no special problem with metaphysics.Karen Bennett - 2016 - Philosophical Studies 173 (1):21-37.
    I argue for the claim in the title. Along the way, I also address an independently interesting question: what is metaphysics, anyway? I think that the typical characterizations of metaphysics are inadequate, that a better one is available, and that the better one helps explain why metaphysics is no more problematic than the rest of philosophy.
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  • The Intellectual Given.John Bengson - 2015 - Mind 124 (495):707-760.
    Intuition is sometimes derided as an abstruse or esoteric phenomenon akin to crystal-ball gazing. Such derision appears to be fuelled primarily by the suggestion, evidently endorsed by traditional rationalists such as Plato and Descartes, that intuition is a kind of direct, immediate apprehension akin to perception. This paper suggests that although the perceptual analogy has often been dismissed as encouraging a theoretically useless metaphor, a quasi-perceptualist view of intuition may enable rationalists to begin to meet the challenge of supplying a (...)
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  • Primitivism and the Analogy between Colors and Values.Hagit Benbaji - 2013 - Metaphilosophy 44 (5):621-639.
    The analogy between colors and values is strongly interlinked with the idea that these properties are by nature dispositions or response-dependent properties. Indeed, that colors are essentially visible, and values are inherently motivational, cries out for a dispositional or a response-dependent account. Recently, Primitivism has challenged the viability of the dispositional account of colors, taking the apple, for instance, to be “gloriously, perfectly, and primitively red.” Unsurprisingly, the attack on the dispositional account of colors has found a moral analogue in (...)
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  • Varieties of Goodness at Work: The Relationship between Business and Morality.Claus Beisbart - 2012 - Inquiry: An Interdisciplinary Journal of Philosophy 55 (4):405-430.
    Abstract What do we mean to say when we call some person a good business manager? And where do the criteria flow from by which we judge people good business managers? I answer these questions by drawing on von Wright's distinction between several varieties of goodness. We can then discriminate between instrumental, technical and moral senses of the expression ?to be a good business manager?. The first two senses presume that business managers have a characteristic task or that they engage (...)
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  • “Moral Objectivism in Cross-Cultural Perspective”.James Beebe, Runya Qiaoan, Tomasz Wysocki & Miguel A. Endara - 2015 - Journal of Cognition and Culture 15 (3-4):386-401.
    Moral psychologists have recently turned their attention to the study of folk metaethical beliefs. We report the results of a cross-cultural study using Chinese, Polish and Ecuadorian participants that seeks to advance this line of investigation. Individuals in all three demographic groups were observed to attribute objectivity to ethical statements in very similar patterns. Differences in participants’ strength of opinion about an issue, the level of societal agreement or disagreement about an issue, and participants’ age were found to significantly affect (...)
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  • Might All Normativity be Queer?Matthew S. Bedke - 2010 - Australasian Journal of Philosophy 88 (1):41-58.
    Here I discuss the conceptual structure and core semantic commitments of reason-involving thought and discourse needed to underwrite the claim that ethical normativity is not uniquely queer. This deflates a primary source of ethical scepticism and it vindicates so-called partner in crime arguments. When it comes to queerness objections, all reason-implicating normative claims—including those concerning Humean reasons to pursue one's ends, and epistemic reasons to form true beliefs—stand or fall together.
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  • Against Normative Naturalism.Matthew S. Bedke - 2012 - Australasian Journal of Philosophy 90 (1):111 - 129.
    This paper considers normative naturalism, understood as the view that (i) normative sentences are descriptive of the way things are, and (ii) their truth/falsity does not require ontology beyond the ontology of the natural world. Assuming (i) for the sake of argument, I here show that (ii) is false not only as applied to ethics, but more generally as applied to practical and epistemic normativity across the board. The argument is a descendant of Moore's Open Question Argument and Hume's Is-Ought (...)
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  • Between Relativism and Imperialism: Navigating Moral Diversity in Cross‐Cultural Bioethics.Daniel Beck - 2014 - Developing World Bioethics 15 (3):162-171.
    The need for explicit theoretical reflection on cross-cultural bioethics continues to grow as the spread of communication technologies and increased human migration has made interactions between medical professionals and patients from different cultural backgrounds much more common. I claim that this need presents us with the following dilemma. On the one hand, we do not want to operate according to an imperialist ethical framework that denies and silences the legitimacy of cultural values other than our own. On the other hand, (...)
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  • Cognitivism and Metaphysical Weight: A Dilemma for Relaxed Realism.Annika Böddeling - 2020 - Australasian Journal of Philosophy 98 (3):546-559.
    Another view has entered the metaethical debate—relaxed realism [Dworkin 1996; Parfit 2011; Scanlon 2014]. Relaxed realists claim that there are irreducible moral properties, but seek to avoid the...
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  • Moral underdetermination and a new skeptical challenge.Marius Baumann - 2022 - Synthese 200 (3):1-22.
    In this paper, I introduce a new challenge to moral realism: the skeptical argument from moral underdetermination. The challenge arises as a consequence of two recent projects in normative ethics. Both Parfit and a group called consequentializers have independently claimed that the main traditions of normative theories can agree on the set of correct particular deontic verdicts. Nonetheless, as Dietrich and List :421–479, 2017) and myself :191–221, 2018; Australas J Philos 97:511–527, 2019; Ethical Theory Moral Pract 24:999–1018, 2021a) have argued, (...)
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  • A Puzzle About Responsibility: A Problem and its Contextualist Solution.Peter Baumann - 2011 - Erkenntnis 74 (2):207-224.
    This paper presents a puzzle about moral responsibility. The problem is based upon the indeterminacy of relevant reference classes as applied to action. After discussing and rejecting a very tempting response I propose moral contextualism instead, that is, the idea that the truth value of judgments of the form S is morally responsible for x depends on and varies with the context of the attributor who makes that judgment. Even if this reply should not do all the expected work it (...)
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  • Heraclitean Flux Metaphysics.Andrew Dennis Bassford - 2023 - Metaphysica: International Journal for Ontology and Metaphysics 24 (2):299-322.
    This essay offers an original interpretation and defense of the doctrine of flux, as it is presented in Plato’s Theaetetus. The methodology of the paper’s analysis is in the style of rational reconstruction, and it is highly analytic in scope, in the sense that I will focus on the text itself, and only on certain parts of it too, while ignoring the rest of Plato’s extensive corpus, and without worrying about whether, how, and to what extent the interpretation of the (...)
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  • Varieties of Expressivism.Dorit Bar-On & James Sias - 2013 - Philosophy Compass 8 (8):699-713.
    After offering a characterization of what unites versions of ‘expressivism’, we highlight a number of dimensions along which expressivist views should be distinguished. We then separate four theses often associated with expressivism – a positive expressivist thesis, a positive constitutivist thesis, a negative ontological thesis, and a negative semantic thesis – and describe how traditional expressivists have attempted to incorporate them. We argue that expressivism in its traditional form may be fatally flawed, but that expressivists nonetheless have the resources for (...)
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  • Science’s Immunity to Moral Refutation.Alex Barber - 2013 - Australasian Journal of Philosophy 91 (4):633-653.
    Our moral convictions cannot, on the face of it, count in evidence against scientific claims with which they happen to conflict. Moral anti-realists of whatever stripe can explain this easily: science is immune to moral refutation because moral discourse is defective as a trustworthy source of true and objective judgments. Moral realists, they can add, are unable to explain this immunity. After describing how anti-realists might implement this reasoning, the paper argues that the only plausible realist comeback turns on the (...)
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  • Soberania e deslegitimação da democracia.D. F. Barros - 2010 - Filosofia Unisinos 11 (3):287-297.
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  • No need to get up from the armchair.Dan Baras - 2020 - Ethical Theory and Moral Practice 23 (3):575-590.
    Several authors believe that metaethicists ought to leave their comfortable armchairs and engage with serious empirical research. This paper provides partial support for the opposing view, that metaethics is rightly conducted from the armchair. It does so by focusing on debunking arguments against robust moral realism. Specifically, the article discusses arguments based on the possibility that if robust realism is correct, then our beliefs are most likely insensitive to the relevant truths. These arguments seem at first glance to be dependent (...)
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  • In Defence of Morality: A Response to a Moral Error Theory.Paul Barry - 2014 - International Journal of Philosophical Studies 22 (1):63-85.
    This paper responds to Richard Joyce’s argument for a moral error theory. Joyce claims that our moral discourse purports to speak of something objective in that it presupposes the existence of non-institutional, categorical reasons for action. Given this, he argues that a proper vindication of our moral discourse would be one carried out from a point of view that is objective inasmuch as it is external to the ‘institution of morality’. And since our moral discourse cannot be vindi- cated from (...)
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  • Commentary on Rist: Is Plato interested in meta-ethics?Rachel Barney - 1998 - Proceedings of the Boston Area Colloquium of Ancient Philosophy 14 (1):73-82.
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  • An Expected Error: An Essay in Defence of Moral Emotionism.Justin J. Bartlett - 2022 - Axiomathes 32 (2):271-289.
    This work draws an analogical defence of strong emotionism—the metaethical claim that moral properties and concepts consist in the propensity of actions to elicit emotional responses from divergent emotional perspectives. I offer a theory that is in line with that of Prinz. I build an analogy between moral properties and what I call emotion-dispositional properties. These properties are picked out by predicates such as ‘annoying’, ‘frightening’ or ‘deplorable’ and appear to be uncontroversial and frequent cases of attribution error—the attributing of (...)
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  • Does a 'care orientation' explain gender differences in ethical decision making? A critical analysis and fresh findings.Roberta Bampton & Patrick Maclagan - 2009 - Business Ethics, the Environment and Responsibility 18 (2):179-191.
    Over the past two decades there has been a great deal of research conducted into the question of gender differences in ethical decision making in organisations. Much of this has been based on questionnaire surveys, typically asking respondents (often students, sometimes professionals) to judge the moral acceptability of actions as described in short cases or vignettes. Overall the results seem inconclusive, although what differences have been noted tend to show women as 'more ethical' than men. The authors of this paper (...)
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  • Does a ‘care orientation’ explain gender differences in ethical decision making? A critical analysis and fresh findings.Roberta Bampton & Patrick Maclagan - 2009 - Business Ethics 18 (2):179-191.
    Over the past two decades there has been a great deal of research conducted into the question of gender differences in ethical decision making in organisations. Much of this has been based on questionnaire surveys, typically asking respondents (often students, sometimes professionals) to judge the moral acceptability of actions as described in short cases or vignettes. Overall the results seem inconclusive, although what differences have been noted tend to show women as ‘more ethical’ than men. The authors of this paper (...)
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  • Evolution, explanation, and the fact/value distinction.Stephen W. Ball - 1988 - Biology and Philosophy 3 (3):317-348.
    Though modern non-cognitivists in ethics characteristically believe that values are irreducible to facts, they nevertheless believe that values are determined by facts, viz., those specified in functionalist, explanatory theories of the evolutionary origin of morality. The present paper probes the consistency of this position. The conventionalist theories of Hume and Harman are examined, and are seen not to establish a tight determinative reduction of values to facts. This result is illustrated by reference to recent theories of the sociobiological mechanisms involved (...)
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  • Dworkin and His Critics: The Relevance of Ethical Theory in Philosophy of Law.Stephen W. Ball - 1990 - Ratio Juris 3 (3):340-384.
    Two deficiencies characterize the vast critical literature that has accumulated around Dworkin's theory of law. On the one hand, the main lines of the debate tend to get lost in the crossfire of objections by critics and rejoinders by Dworkin — with little dialogue between the critics, or any systematic interrelation or resolution of these largely isolated disputes. On the other hand, such arguments on various points of Dworkin's Jurisprudence tend to neglect or obscure underlying issues in philosophical ethics. The (...)
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  • Socrates, Thrasymachus, and Competition among the Unjust: Republic 1.349b–350c.Nicholas R. Baima - 2020 - Ancient Philosophy Today 2 (1):1-23.
    In Republic 1, Thrasymachus makes the radical claim that being just is ‘high-minded simplicity’ and being unjust is ‘good judgment’ (348c–e). Because injustice involves benefiting oneself, while justice involves benefiting others, the unjust are wise and good and the just are foolish and bad (348d–e). The “greedy craftsperson” argument (1.349b–350c) attempts to show that the unjust person's desire to outdo or have more than ( pleon echein) everyone is a symptom of her ignorance. Many commentaries have found the argument problematic (...)
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  • Color, Externalism, and Switch Cases.David Bain - 2007 - Southern Journal of Philosophy 45 (3):335-362.
    I defend externalism about color experiences and color thoughts, which I argue color objectivism requires. Externalists face the following question: would a subject's wearing inverting lenses eventually change the color content of, for instance, those visual experiences the subject reports with “red”? From the work of Ned Block, David Velleman, Paul Boghossian, Michael Tye, and Fiona Macpherson, I extract problems facing those who answer “Yes” and problems facing those who answer “No.” I show how these problems can be overcome, leaving (...)
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  • Another Defense of Naturalized Ethics.Elizabeth Baeten - 2012 - Metaphilosophy 43 (5):533-550.
    This essay argues against Richard Joyce, using him as an exemplar of a number of writers who purport to show that the best a naturalized ethics can provide are demands that we can hold only as moral agnostics; that is, that no moral claims can be shown to be epistemically warranted, hence no moral claims have the property of “inescapable authority” necessary for real moral discourse or deliberation. The prudent course of action is therefore to act as if moral claims (...)
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  • When the universal is particular: a re-examination of the common morality using the work of Charles Taylor.Michelle C. Bach - 2021 - Medicine, Health Care and Philosophy 25 (1):141-151.
    Beauchamp and Childress’ biomedical principlism is nearly synonymous with medical ethics for most clinicians. Their four principles are theoretically derived from the “common morality”, a universal cache of moral beliefs and claims shared by all morally serious humans. Others have challenged the viability of the common morality, but none have attempted to explain why the common morality makes intuitive sense to Western ethicists. Here I use the work of Charles Taylor to trace how events in the Western history of ideas (...)
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  • Naïve Realism Face to Face with the Time Lag Argument.Fabio Bacchini - 2023 - Acta Analytica 38 (1):185-209.
    Naïve realists traditionally reject the time lag argument by replying that we can be in a direct visual perceptual relation to temporally distant facts or objects. I first show that this answer entails that some visual perceptions—i.e., those that are direct relation between us and an external material object that has visually changed, or ceased to exist, during the time lag—should also count as illusions and hallucinations, respectively. I then examine the possible attempts by the naïve realist to tell such (...)
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  • Acquaintance, knowledge, and value.Emad H. Atiq - 2021 - Synthese 199 (5-6):14035-14062.
    Taking perceptual experience to consist in a relation of acquaintance with the sensible qualities, I argue that the state of being acquainted with a sensible quality is intrinsically a form of knowledge, and not merely a means to more familiar kinds of knowledge, such as propositional or dispositional knowledge. We should accept the epistemic claim for its explanatory power and theoretical usefulness. That acquaintance is knowledge best explains the intuitive epistemic appeal of ‘Edenic’ counterfactuals involving unmediated perceptual contact with reality (...)
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  • Truthmaking for Modal Skeptics.Jamin Asay - 2013 - Thought: A Journal of Philosophy 2 (4):303-312.
    Standard truthmaker theory has generally assumed a realist account of de re modality and essences. But there are reasons to be skeptical about such a view, and for considering antirealist alternatives. Can truthmaker theory survive in the face of such skepticism? I argue that it can, but that only certain antirealist perspectives on de re modality are acceptable for truthmaker theory. In particular, either a quasi-realist or conventionalist account of de re modality is needed to provide the best account of (...)
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  • Truthmaking, Metaethics, and Creeping Minimalism.Jamin Asay - 2013 - Philosophical Studies 163 (1):213-232.
    Creeping minimalism threatens to cloud the distinction between realist and anti-realist metaethical views. When anti-realist views equip themselves with minimalist theories of truth and other semantic notions, they are able to take on more and more of the doctrines of realism (such as the existence of moral truths, facts, and beliefs). But then they start to look suspiciously like realist views. I suggest that creeping minimalism is a problem only if moral realism is understood primarily as a semantic doctrine. I (...)
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  • Three Paradigms of Scientific Realism: A Truthmaking Account.Jamin Asay - 2013 - International Studies in the Philosophy of Science 27 (1):1-21.
    This paper investigates the nature of scientific realism. I begin by considering the anomalous fact that Bas van Fraassen’s account of scientific realism is strikingly similar to Arthur Fine’s account of scientific non-realism. To resolve this puzzle, I demonstrate how the two theorists understand the nature of truth and its connection to ontology, and how that informs their conception of the realism debate. I then argue that the debate is much better captured by the theory of truthmaking, and not by (...)
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  • Something is true.Jamin Asay - 2021 - Philosophy and Phenomenological Research 105 (3):687-705.
    The thesis that nothing is true has long been thought to be a self-refuting position not worthy of serious philosophical consideration. Recently, however, the thesis of alethic nihilism—that nothing is true—has been explicitly defended (notably by David Liggins). Nihilism is also, I argue, a consequence of other views about truth that have recently been advocated, such as fictionalism about truth and the inconsistency account. After offering an account of alethic nihilism, and how it purports to avoid the self-refutation problem, I (...)
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  • A Truthmaking Account of Realism and Anti-Realism.Jamin Asay - 2012 - Pacific Philosophical Quarterly 93 (3):373-394.
    Realism and anti-realism about a domain of thought are metaphysical theses that involve the natures of the truthmakers in that domain and the truthmaking relation that is operant in the domain. Truthmaker theory is not exclusive territory for realists: anti-realist views are also best understood in terms of how they understand truthmakers and truthmaking. In particular, I explore the possibility of projectivist truthmaking, and show how it makes sense of quasi-realism. In addition to critically examining some extant accounts of the (...)
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  • Morality as an Evolutionary Exaptation.Marcus Arvan - 2021 - In Johan De Smedt & Helen De Cruz (eds.), Empirically Engaged Evolutionary Ethics. Synthese Library. Springer - Synthese Library. pp. 89-109.
    The dominant theory of the evolution of moral cognition across a variety of fields is that moral cognition is a biological adaptation to foster social cooperation. This chapter argues, to the contrary, that moral cognition is likely an evolutionary exaptation: a form of cognition where neurobiological capacities selected for in our evolutionary history for a variety of different reasons—many unrelated to social cooperation—were put to a new, prosocial use after the fact through individual rationality, learning, and the development and transmission (...)
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  • Rescuing tracking theories of morality.Marc Artiga - 2015 - Philosophical Studies 172 (12):3357-3374.
    Street’s (Philos Stud 127(1):109–166, 2006) Darwinian Dilemma purports to show that evolutionary considerations are in tension with realist theories of value, which include moral realism. According to this argument, moral realism can only be defended by assuming an implausible tracking relation between moral attitudes and moral facts. In this essay, I argue that this tracking relation is not as implausible as most people have assumed by showing that the three main objections against it are flawed. Since this is a key (...)
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  • The Varieties of Moral Improvement, or why Metaethical Constructivism must Explain Moral Progress.Caroline T. Arruda - 2017 - Ethical Theory and Moral Practice 20 (1):17-38.
    Among the available metaethical views, it would seem that moral realism—in particular moral naturalism—must explain the possibility of moral progress. We see this in the oft-used argument from disagreement against various moral realist views. My suggestion in this paper is that, surprisingly, metaethical constructivism has at least as pressing a need to explain moral progress. I take moral progress to be, minimally, the opportunity to access and to act in light of moral facts of the matter, whether they are mind-independent (...)
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  • Das Verhältnis von Moral und Rationalät: Eine Auseinandersetzung mit David Gauthiers.Jean-Louis Arni - 1989 - Analyse & Kritik 11 (2):154-178.
    The relation between morality and rationality (in the sense of rational choice and rational behaviour) is a prominent theme in (the tradition of) moral philosophy. D. Gauthier’s account of this relation is an extraordinarily impressive one. He attempts to demonstrate a general coincidence (at different levels) between rationality and morality. His approach is discussed in what follows, and it will be shown that most of his ‘coincidence claims’ are exaggerated.
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  • From Mathematical Fictionalism to Truth‐Theoretic Fictionalism.Bradley Armour-Garb & James A. Woodbridge - 2014 - Philosophy and Phenomenological Research 88 (1):93-118.
    We argue that if Stephen Yablo (2005) is right that philosophers of mathematics ought to endorse a fictionalist view of number-talk, then there is a compelling reason for deflationists about truth to endorse a fictionalist view of truth-talk. More specifically, our claim will be that, for deflationists about truth, Yablo’s argument for mathematical fictionalism can be employed and mounted as an argument for truth-theoretic fictionalism.
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  • Aesthetic judgements and motivation.Alfred Archer - 2017 - Inquiry: An Interdisciplinary Journal of Philosophy 60 (6):1-22.
    Are aesthetic judgements cognitive, belief-like states or non-cognitive, desire-like states? There have been a number of attempts in recent years to evaluate the plausibility of a non-cognitivist theory of aesthetic judgements. These attempts borrow heavily from non-cognitivism in metaethics. One argument that is used to support metaethical non-cognitivism is the argument from Motivational Judgement Internalism. It is claimed that accepting this view, together with a plausible theory of motivation, pushes us towards accepting non-cognitivism. A tempting option, then, for those wishing (...)
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  • Expresivismo metajurídico, enunciados internos Y aceptación plural: Una exploración crítica.Pablo A. Rapetti - 2017 - Isonomía. Revista de Teoría y Filosofía Del Derecho 47:39-80.
    Uno de los temas de más profundo debate en la filosofía del derecho de los últimos años ha sido el de las maneras en que dar cuenta del fenómeno del desacuerdo entre operadores jurídicos y entre juristas a la hora de desentrañar el contenido del derecho y, por ende, de dar con la respuesta jurídica para controversias particulares. A partir del trabajo de Ronald Dworkin, el tema se ha convertido en un instrumento de intenso análisis crítico del positivismo jurídico y (...)
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  • Basic Social Rights, Constitutional Justice, and Democracy.Rodolfo Arango - 2003 - Ratio Juris 16 (2):141-154.
    The theory of rights is crucial as a means of relieving the tension between basic rights and democracy, and as a means of resolving the problem of allocating competence between the constitutional court and the legislature. To some theorists, no tension between basic rights and democracy exists, for the latter presupposes the former. To others, among whom I include myself, tension does exist, for basic rights, in lending protection to certain persons and groups, limit the possibilities of political decision. In (...)
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