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A Theory of Justice

Oxford,: Harvard University Press. Edited by Steven M. Cahn (1971)

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  1. Fraternity and Equality.Geoffrey Cupit - 2013 - Philosophy 88 (2):299-311.
    Is there a connection between the values of fraternity and outcome equality? Is inequality at odds with fraternity? There are reasons to doubt that it is. First, fraternity requires us to want our ‘brothers’ and ‘sisters’ to fare well even when they are already better off than we are and their doing better will increase inequality. Second, fraternity seems not to require equality as a matter of fairness. Fairness requires equality, but fraternity does not require fairness.In examining what fraternity requires (...)
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  • The paradigm of expressive freedom: Its limits and paradoxes.Koula Mellos - 1997 - The European Legacy 2 (3):515-522.
    (1997). The paradigm of expressive freedom: Its limits and paradoxes. The European Legacy: Vol. 2, Fourth International Conference of the International Society for the Study of European Ideas, pp. 515-522.
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  • Human Rights and the Minimally Good Life.Nicole Hassoun - 2013 - Res Philosophica 90 (3):413-438.
    All people have human rights and, intuitively, there is a close connection between human rights, needs, and autonomy. The two main theories about the natureand value of human rights often fail to account for this connection. Interest theories, on which rights protect individuals’ important interests, usually fail to capturethe close relationship between human rights and autonomy; autonomy is not constitutive of the interests human rights protect. Will theories, on which human rights protect individuals’ autonomy, cannot explain why the nonautonomous have (...)
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  • Beyond Consent? Paternalism and Pediatric Doping.Mike McNamee - 2009 - Journal of the Philosophy of Sport 36 (2):111-126.
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  • Janice Richardson: The Classic Social Contractarians: Critical Perspectives from Contemporary Feminist Philosophy and Law: Ashgate, Farnham, 2009, 174 pp, price £55 , ISBN 9780754670179. [REVIEW]Jill Marshall - 2010 - Feminist Legal Studies 18 (1):109-112.
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  • Climate change, collective harm and legitimate coercion.Elizabeth Cripps - 2011 - Critical Review of International Social and Political Philosophy 14 (2):171-193.
    Liberalism faces a tension between its commitment to minimal interference with individual liberty and the urgent need for strong collective action on global climate change. This paper attempts to resolve that tension. It does so on the one hand by defending an expanded model of collective moral responsibility, according to which a set of individuals can be responsible, qua ?putative group?, for harm resulting from the predictable aggregation of their individual acts. On the other, it defends a collectivized version of (...)
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  • Climate change justice: getting motivated in the last chance saloon.Catriona McKinnon - 2011 - Critical Review of International Social and Political Philosophy 14 (2):195-213.
    A key reason for pessimism with respect to greenhouse gas emissions reduction relates to the ?motivation problem?, whereby those who could make the biggest difference prima facie have the least incentive to act because they are most able to adapt: how can we motivate such people (and thereby everyone else) to accept, indeed to initiate, the changes to their lifestyles that are required for effective emissions reductions? This paper offers an account inspired by Rawls of the good of membership of (...)
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  • Rawls and Kantian Constructivism.Alexander Kaufman - 2012 - Kantian Review 17 (2):227-256.
    John Rawls's account of Kantian constructivism is perhaps his most striking contribution to ethics. In this paper, I examine the relation between Rawls's constructivism and its foundation in Kantian intuitions. In particular, I focus on the progressive influence on Rawls's approach of the Kantian intuition that the substance of morality is best understood as constructed by free and equal people under fair conditions. Rawls's focus on this Kantian intuition, I argue, motivates the focus on social contract that grounds both his (...)
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  • Ecosystem Services and Distributive Justice: Considering Access Rights to Ecosystem Services in Theories of Distributive Justice.Stefanie Sievers-Glotzbach - 2013 - Ethics, Policy and Environment 16 (2):162-176.
    As the increasing loss of ecosystem services severely affects life perspectives of today's poor and future populations, governing access to, and use of, ecosystem services in an intragenerational and intergenerational just way is an urgent issue. The author argues that theories of distributive justice should consider the distribution of access rights to ecosystem services. Three specific demands that a theory of distributive justice should fulfill to adequately cope with the distribution of access rights to ecosystem services, and show that Rawls??A (...)
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  • Dynamic Transparency, Prudential Justice, and Corporate Transformation: Becoming Socially Responsible in the Internet Age.Peter Madsen - 2009 - Journal of Business Ethics 90 (S4):639 - 648.
    This article brings together two concepts of ethical practice into a single construct that describes how modern corporations can responsibly meet the information needs of their stakeholder networks in a way that promotes both corporate self-interest and widespread distributive justice. Internet technology is providing corporations with transformative tools that permit and encourage the exercise of social responsibility through "dynamic transparency." "Prudential justice" is a concept representing a set of values that can provide an ethical justification for corporate implementation of dynamic (...)
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  • The Practice of Inheritance in Esan.Justina O. Ehiakhamen - 2011 - Cultura 8 (1):49-62.
    The act of discrimination against the female sex is an undeniable phenomenon in virtually all human societies, though the severity varies from one society to another. It is against this backdrop that this paper is aimed at exposing the inadequate nature of the primogeniture rule of inheritance towards the female, as practised by the Esan people. The paper tests the validity of the logic on which the disinheritance of females rests, and discovers that it is invalid as it violates such (...)
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  • Rule utilitarianism, rights, obligations and the theory of rational behavior.John C. Harsanyi - 1980 - Theory and Decision 12 (2):115-133.
    The paper first summarizes the author's decision-theoretical model of moral behavior, in order to compare the moral implications of the act-utilitarian and of the rule-utilitarian versions of utilitarian theory. This model is then applied to three voting examples. It is argued that the moral behavior of act-utilitarian individuals will have the nature of a noncooperative game, played in the extensive mode, and involving action-by-action maximization of social utility by each player. In contrast, the moral behavior of rule-utilitarian individuals will have (...)
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  • The stability of bargains behind the veil of ignorance.James C. Gaa - 1984 - Theory and Decision 17 (2):119-133.
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  • God’s moral goodness and supererogation.Elizabeth Drummond Young - 2013 - International Journal for Philosophy of Religion 73 (2):83-95.
    What do we understand by God’s goodness? William Alston claims that by answering this question convincingly, divine command theory can be strengthened against some major objections. He rejects the idea that God’s goodness lies in the area of moral obligations. Instead, he proposes that God’s goodness is best described by the phenomenon of supererogation. Joseph Lombardi, in response, agrees with Alston that God does not have moral obligations but says that having rejected moral obligation as the content of divine goodness, (...)
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  • The Eroding Principle of Justice in Teaching Medical Professionalism.Jason E. Glenn - 2012 - HEC Forum 24 (4):293-305.
    This article examines the difficulties encountered in teaching professionalism to medical students in the current social and political climate where economic considerations take top priority in health care decision making. The conflict between the commitment to advocate at all times the interests of one’s patients over one’s own interests is discussed. With personal, institutional, tech industry, pharmaceutical industry, and third-party payer financial imperatives that stand between patients and the delivery of health care, this article investigates how medical ethics instructors are (...)
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  • Discharging the Duty to Conduct International Clinical Research.Danielle M. Wenner - 2012 - American Journal of Bioethics 12 (11):44-46.
    Pratt, Zion, and Loff (2012) correctly point out that most international clinical research (ICR) is not intended to address the vast inequities in access to health care between developed and develo...
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  • In defense of reflective equilibrium.Kenneth Walden - 2013 - Philosophical Studies 166 (2):243-256.
    Recent years have seen a rekindling of interest in the method of reflective equilibrium. Most of this attention has been suspicious, however. Critics have alleged that the method is nothing more than a high-minded brand of navel-gazing, that it suffers from all the classic problems of inward-looking coherence theories, and that it overestimates the usefulness of self-scrutiny. In this paper I argue that these criticisms miss their mark because they labor under crucial misconceptions about the method of reflective equilibrium. In (...)
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  • Disadvantage and an American Society of Equals.Joshua Broady Preiss - 2011 - Critical Review of International Social and Political Philosophy 14 (1):41-58.
    In this article I review Jonathan Wolff and Avner de‐Shalit’s recent book Disadvantage (2007), highlighting its many contributions to egalitarian theory and practice. These contributions build to the authors’ central prescription: that policy‐makers work to create a society of equals by reducing the tendency for disadvantages to cluster around certain individuals or groups. From there, I discuss the idea of declustering disadvantage in an American context, and consider its implications for the politically salient ideal of equality of opportunity. The purpose (...)
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  • Fair Educational Opportunity and the Distribution of Natural Ability: Toward a Prioritarian Principle of Educational Justice.Gina Schouten - 2012 - Journal of Philosophy of Education 46 (3):472-491.
    In this article, I develop and defend a prioritarian principle of justice for the distribution of educational resources. I argue that this principle should be conceptualized as directing educators to confer a general benefit, where that benefit need not be mediated by improved academic outcomes. I go on to argue that it should employ a metric of all-things-considered flourishing over the course of the student's lifetime. Finally, I discuss the relationship between my proposed prioritarian principle and the meritocratic principle that (...)
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  • A Politically Liberal Conception of Civic Education.Barry L. Bull - 2008 - Studies in Philosophy and Education 27 (6):449-460.
    Liberal political theory is widely believed to be an inadequate source of civic commitment and thus of civic education primarily because of its commitment to what is perceived as a pervasive individualism. In this paper, I explore the possibility that John Rawls’s later political philosophy may provide a response to this belief. I first articulate a conception of liberal politics derived from Rawls’s idea of reflective equilibrium that generates an overlapping consensus about political principles among those who hold a wide (...)
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  • Consumer Rights: An Assessment of Justice. [REVIEW]Gretchen Larsen & Rob Lawson - 2013 - Journal of Business Ethics 112 (3):515-528.
    For the last 50 years the idea of consumer rights has formed an essential element in the formulation of policy to guide the workings of the marketplace. The extent and coverage of these rights has evolved and changed over time, yet there has been no comprehensive analysis as to the purpose and scope of consumer rights. In moral and ethical philosophy, rights are integrally linked to the notion of justice. By reassessing consumer rights through a justice-based framework, a number of (...)
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  • (1 other version)Conflicting obligations, moral dilemmas and the development of judgement through business ethics education.Patrick Maclagan - 2012 - Business Ethics, the Environment and Responsibility 21 (2):183-197.
    Learning to address moral dilemmas is important for participants on courses in business ethics and corporate social responsibility (CSR). While modern, rule-based ethical theory often provides the normative input here, this has faced criticism in its application. In response, post-modern and Aristotelian perspectives have found favour. This paper follows a similar line, presenting an approach based initially on a critical interpretation of Ross's theory of prima facie duties, which emphasises moral judgement in actual situations. However, the retention of a modern (...)
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  • (1 other version)When Doctors Break the Rules.Jeffrey Blustein - 2012 - Cambridge Quarterly of Healthcare Ethics 21 (2):249-259.
    Suppose a primary care physician practicing in an underserved community orders a treatment for one of her indigent patients under the state’s Medicaid program.
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  • Rational cooperation.Edward McClennen - 2012 - Synthese 187 (1):65-93.
    The Nash-Harsanyi theory of bargaining is usually taken as the correct theory of rational bargaining, and, as such, as the correct theory for the basic political contract for a society. It grafts a theory of cooperation to a base that essentially articulates the perspective of non-cooperative interaction. The resultant theory is supposed make clear how rational bargaining can fully realize the mutual gains that cooperation can make possible. However, its underlying commitment to the concepts of non-cooperative interaction renders this doubtful. (...)
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  • Schools as Ethical or Schools as Political? Habermas Between Dewey and Rawls.James Scott Johnston - 2011 - Studies in Philosophy and Education 31 (2):109-122.
    Education is oftentimes understood as a deeply ethical practice for the development of the person. Alternatively, education is construed as a state-enforced apparatus for inculcation of specific codes, conventions, beliefs, and norms about social and political practices. Though holding both of these beliefs about education is not necessarily mutually contradictory, a definite tension emerges when one attempts to articulate a cogent theory involving both. I will argue in this paper that Habermas’s theory of discourse ethics, when combined with his statements (...)
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  • Political theorists as dangerous social actors.Burke A. Hendrix - 2012 - Critical Review of International Social and Political Philosophy 15 (1):41-61.
    What is the appropriate degree of abstraction from existing social facts when engaging in normative political theory? Through a focus on American Indian and other indigenous claims over historically expropriated lands, this essay argues that highly abstracted forms of normative analysis can often misunderstand the core moral problems at stake in real cases, and that they can pose moral dangers when they do so. As argued, the hard moral issues involved in indigenous land claims within countries such as Canada and (...)
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  • Epistemic Norms and Democracy: a Response to Talisse.Henrik Rydenfelt - 2011 - Metaphilosophy 42 (5):572-588.
    John Rawls argued that democracy must be justifiable to all citizens; otherwise, a democratic society is oppressive to some. In A Pragmatist Philosophy of Democracy (), Robert B. Talisse attempts to meet the Rawlsian challenge by drawing from Charles S. Peirce's pragmatism. This article first briefly canvasses the argument of Talisse's book and then criticizes its key premise concerning (normative) reasons for belief by offering a competing reading of Peirce's “The Fixation of Belief” (). It then proceeds to argue that (...)
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  • Hobbes and game theory revisited: Zero-sum games in the state of nature.Daniel Eggers - 2011 - Southern Journal of Philosophy 49 (3):193-226.
    The aim of this paper is to critically review the game-theoretic discussion of Hobbes and to develop a game-theoretic interpretation that gives due attention both to Hobbes's distinction between “moderates” and “dominators” and to what actually initiates conflict in the state of nature, namely, the competition for vital goods. As can be shown, Hobbes's state of nature contains differently structured situations of choice, the game-theoretic representation of which requires the prisoner's dilemma and the assurance game and the so-called assurance dilemma. (...)
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  • The New Men's Studies: From Feminist Theory to Gender Scholarship.Harry Brod - 1987 - Hypatia 2 (1):179 - 196.
    The paper situates the new field of men's studies in the context of the evolution of women's studies. It argues that men's studies' distinctive feminist approach to men is a necessary complement to women's studies, citing paradigmatic examples of new perspectives. In tracing women's studies' development, the paper argues that reconceptualizations of "gender" resolve tensions between much of women's studies' non-essentialist empirical social science describing "sex roles" and much of feminist theory's essentialist celebrations of women's core selves.
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  • The Politics of Self‐Respect: A Feminist Perspective.Diana T. Meyers - 1986 - Hypatia 1 (1):83 - 100.
    Recent liberal moral and political philosophy has placed great emphasis on the good of self-respect. But it is not always evident what is involved in self-respect, nor is it evident how societies can promote it. Assuming that self-respect is highly desirable, I begin by considering how people can live in a self-respecting fashion, and I argue that autonomous envisaging and fulfillment of one's own life plans is necessary for self-respect. I next turn to the question of how societal implementation of (...)
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  • Wrong Rights.Elizabeth Wolgast - 1987 - Hypatia 2 (1):25 - 43.
    An atomistic model of society leads us to address injustices in terms of individual rights, but rights are curious possessions and don't always give the protection that's needed. Examples are patient's rights, children's rights and a fetus's right to life, all of which go wrong because they assume that the subjects are independent and autonomous. This assumption often fails. Rights work where people are in a position to press them; for others they give only a caricature of justice.
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  • (1 other version)Thinking about the good: Reconfiguring liberal metaphysics (or not) for people with cognitive disabilities.Anita Silvers & Leslie Pickering Francis - 2009 - Metaphilosophy 40 (3-4):475-498.
    Liberalism welcomes diversity in substantive ideas of the good but not in the process whereby these ideas are formed. Ideas of the good acquire weight on the presumption that each is a person's own, formed independently. But people differ in their capacities to conceptualize. Some, appropriately characterized as cerebral, are proficient in and profoundly involved with conceptualizing. Others, labeled cognitively disabled, range from individuals with mild limitations to those so unable to express themselves that we cannot be sure whether their (...)
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  • Human Rights: The Normative Engine of Fairness and Research in Developing Countries.John McMillan - 2010 - American Journal of Bioethics 10 (6):47-49.
    (2010). Human Rights: The Normative Engine of Fairness and Research in Developing Countries. The American Journal of Bioethics: Vol. 10, No. 6, pp. 47-49.
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  • The Digital Divide in Asia.Tanveer Zia, Yeslam Al-Saggaf, Md Zahidul Islam, Lihong Zheng & John Weckert - 2009 - Journal of Information Ethics 18 (2):50-76.
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  • Strict compliance and Rawls's critique of utilitarianism.Thomas L. Carson - 1983 - Theoria 49 (3):142-158.
    provide a plausible alternative to utilitarianism. Rawls gives two kinds of arguments to show that his two principles of justice are more plausible or more nearly correct than utilitarianism. First, he argues that the two principles of justice provide a better match with our 'considered judgments in reflective equilibrium.' Second, he argues that his two principles would be chosen in preference to the principle of utility in 'the original position.' I shall be concerned only with the second of these two (...)
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  • Two interpretations of the difference principle in Rawls's theory of justice.Prakash P. Shenoy & Rex Martin - 1983 - Theoria 49 (3):113-141.
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  • Jurisprudential Oaks from Mythical Acorns: The Hart-Dworkin Debate Revisited.Andrew Boon Leong Phang - 1990 - Ratio Juris 3 (3):385-398.
    This article attempts to demonstrate, via the famous Hart‐Dworkin debate on the nature and functions of judicial discretion, that substantial jurisprudential disputes as well as theories can, and do, arise from misconceived critiques, whether intended or otherwise. It also seeks to show that, whilst Dworkin's initial critique of Hart was misconceived, his theory of adjudication that arose as a result of responses to his initial views is a positive contribution to learning, although 1 argue that Dworkin's views are not, in (...)
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  • Protestant Hermeneutics and the Rule of Law: Gadamer and Dworkin.Kenneth Henley - 1990 - Ratio Juris 3 (1):14-28.
    The rule of law demands that the state's coercive power be used only according to settled general laws, applied impersonally. But an individualist theory of legal inter pretation cannot provide the shared understanding required. Gadamer appeals to the practical wisdom of judges and lawyers, who will agree on how to apply law to new cases. But this account is adequate only for very cohesive societies. Dworkin's account rests on propositional knowledge of a supposed best interpretation of an entire legal system. (...)
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  • On The Reasonable in Law.Manuel Atienza - 1990 - Ratio Juris 3 (s1):148-161.
    In practical reasoning, reasonableness ‐ as opposed to rationality ‐ is an important concept. This paper explores the notion of reasonableness as applied exclusively to legal decisions. Conflicting values or legal requirements can make rationally deduced solutions unattainable, and may call for criteria of reasonableness, Conflicting values must be weighed, and weighed against each other, in search of a point of equilibrium between them. Legal cases are more or less difficult to solve, depending on the difficulty of finding a unique (...)
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  • From divisive nationalism toward global cooperation.Thomas Jones - 1980 - World Futures 16 (3):187-213.
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  • De grenzen van het denken van Nussbaum.Christophe Andrades - 2007 - Krisis 8 (2):82-88.
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  • Heidegger and the ethics of care.John Paley - 2000 - Nursing Philosophy 1 (1):64-75.
    The claim that, in some nontrivial sense, nursing can be identified with caring has prompted a search for the philosophical foundations of care in the nursing literature. Although the ethics of care was initially associated with Gilligan's ‘different voice’, there has more recently been an attempt – led principally by Benner – to displace the gender perspective with a Heideggerian one, even if Kant is the figure to whom both Gilligan and Benner appear most irretrievably opposed. This paper represents the (...)
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  • Utilitarian Liberalism: Between Gray and Mill.Jonathan Riley - 2006 - Critical Review of International Social and Political Philosophy 9 (2):117-135.
    (2006). Utilitarian Liberalism: Between Gray and Mill. Critical Review of International Social and Political Philosophy: Vol. 9, The Political Theory of John Gray, pp. 117-135.
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  • Why Should Remorse be a Mitigating Factor in Sentencing?Steven Keith Tudor - 2008 - Criminal Law and Philosophy 2 (3):241-257.
    This article critically examines the rationales for the well-settled principle in sentencing law that an offender’s remorse is to be treated as a mitigating factor. Four basic types of rationale are examined: remorse makes punishment redundant; offering mitigation can induce remorse; remorse should be rewarded with mitigation; and remorse should be recognised by mitigation. The first three rationales each suffer from certain weaknesses or limitations, and are argued to be not as persuasive as the fourth. The article then considers, and (...)
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  • The Metric of Opportunity.Robert Sudgen - 1998 - Economics and Philosophy 14 (2):307.
    There is a long tradition in economics of evaluating social arrangements by the extent to which individuals' preferences are satisfied. This is the tradition of welfarism, which has developed from nineteenth-century utilitarianism. Increasingly, however, the presumption that preference-satisfaction is the appropriate standard for evaluating social arrangements is being challenged by an alternative view: that we should focus on the set of opportunities open to each individual.
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  • Deontology and Economics.John Broome - 1992 - Economics and Philosophy 8 (2):269-282.
    In The Moral Dimension, Amitai Etzioni claims, as did Albert Hirschman in Morality and the Social Sciences, that people often act from moral motives, that economics needs to recognize this, and that it will be significantly changed by doing so. I agree, though I think the changes may be smaller than Etzioni believes – I shall be explaining why. But Etzioni goes further. He makes a specific claim about the sort of morality that motivates people: it is deontological. In this (...)
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  • Equal Opportunity or Equal Social Outcome?Marc Fleurbaey - 1995 - Economics and Philosophy 11 (1):25.
    John Rawls's work has greatly contributed to rehabilitating equality as a basic social value, after decades of utilitarian hegemony,particularly in normative economics, but Rawls also emphasized that full equality of welfare is not an adequate goal either. This thesis was echoed in Dworkin's famous twin papers on equality, and it is now widely accepted that egalitarianism must be selective. The bulk of the debate on ‘Equality of What?’ thus deals with what variables ought to be submitted for selection and how (...)
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  • Keynes, Rawls, Uncertainty, and the Liberal Theory of the State.Edward McKenna, Maurice Wade & Diane Zannoni - 1988 - Economics and Philosophy 4 (2):221.
    What role, if any, should the government perform in a society? Two very different answers to this question have been provided by John Rawls and Robert Nozick. For Rawls, the government plays an important role in ensuring that the principles of justice are realized in the workings of society. For Nozick, the role of government is limited to that of providing protection. The debate over these two views has led to the questioning of the entire liberal doctrine, a questioning that (...)
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  • Cognitive Models of Moral Decision Making.Wendell Wallach - 2010 - Topics in Cognitive Science 2 (3):420-429.
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  • The Linguistic Analogy: Motivations, Results, and Speculations.Susan Dwyer, Bryce Huebner & Marc D. Hauser - 2010 - Topics in Cognitive Science 2 (3):486-510.
    Inspired by the success of generative linguistics and transformational grammar, proponents of the linguistic analogy (LA) in moral psychology hypothesize that careful attention to folk-moral judgments is likely to reveal a small set of implicit rules and structures responsible for the ubiquitous and apparently unbounded capacity for making moral judgments. As a theoretical hypothesis, LA thus requires a rich description of the computational structures that underlie mature moral judgments, an account of the acquisition and development of these structures, and an (...)
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