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Justice as fairness

Philosophical Review 67 (2):164-194 (1958)

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  1. The Ground of Solidarity in Post-Metaphysical Polities: From Consensus to Discourse.Agustin Martin G. Rodriguez - 2005 - Philosophy Today 49 (3):211-224.
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  • The Nature of Appearance in Kant’s Transcendentalism: A Seman- Tico-Cognitive Analysis.Sergey L. Katrechko - 2018 - Kantian Journal 37 (3):41-55.
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  • ¿Distribución o reconocimiento? Un análisis a partir de John Rawls.Pablo Andrés Aguayo Westwood - 2015 - Quaderns de Filosofia 2 (2):11-28.
    En este artículo defiendo que la concepción rawlsiana de la justicia distributiva va más allá de los márgenes de la justicia asignativa y que esta presenta buenos argumentos para hacer frente a las demandas de reconocimiento. Para alcanzar este objetivo, en primer lugar muestro que algunos críticos del paradigma liberal distributivo malinterpretan la concepción de la justicia distributiva elaborada por Rawls y reducen su finalidad a un mero reparto de bienes. Al hacer lo anterior, ellos no logran comprender la dimensión (...)
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  • Empirical Investigation of the Ethical Reasoning of Physicians and Molecular Biologists – the Importance of the Four Principles of Biomedical Ethics.Mette Ebbesen & Birthe D. Pedersen - 2007 - Philosophy, Ethics, and Humanities in Medicine 2:23-.
    BackgroundThis study presents an empirical investigation of the ethical reasoning and ethical issues at stake in the daily work of physicians and molecular biologists in Denmark. The aim of this study was to test empirically whether there is a difference in ethical considerations and principles between Danish physicians and Danish molecular biologists, and whether the bioethical principles of the American bioethicists Tom L. Beauchamp and James F. Childress are applicable to these groups.MethodThis study is based on 12 semi-structured interviews with (...)
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  • The Principle of Respect for Autonomy – Concordant with the Experience of Oncology Physicians and Molecular Biologists in Their Daily Work?Mette Ebbesen & Birthe D. Pedersen - 2008 - BMC Medical Ethics 9 (1):5.
    This article presents results from a qualitative empirical investigation of how Danish oncology physicians and Danish molecular biologists experience the principle of respect for autonomy in their daily work.
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  • Two Kinds of Moral Reasoning: Ethical Egoism as a Moral Theory.Jesse Kalin - 1975 - Canadian Journal of Philosophy 5 (3):323 - 356.
    Ethical egoism, when summarized into a single ethical principle, is the position that a person ought, all things considered, to do an action if and only if that action is in his overall self-interest. The criticisms standardly advanced against this view try to show either that it is subject to some fatal logical flaw or else that, even if logically coherent, it can give no account of the basic parts of morality. Both these objections are mistaken, however, and it is (...)
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  • On Choosing a Morality.G. B. Thomas - 1975 - Canadian Journal of Philosophy 5 (3):357 - 374.
    John Rawls’ use of a contractarian strategy for justifying basic principles of justice has raised the hope that a similar strategy might work for a theory of right and moral principles generally. I want to show that this hope cannot be fulfilled.In what follows I interpret contractarianism in a Rawlsian way on the grounds that his is the most plausible version of the doctrine we are likely to get. I am not however concerned with the details of Rawls’ argument for (...)
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  • Voluntary Codes of Conduct for Multinational Corporations: Coordinating Duties of Rescue and Justice.Nien-hê Hsieh - 2006 - Business Ethics Quarterly 16 (2):119-135.
    This paper examines the extent to which the voluntary adoption of codes of conduct by multinational corporations rendersMNCs accountable for the performance of actions specified in a code of conduct. In particular, the paper examines the ways in which codes of conduct coordinate the expectations of relevant parties with regard to the provision of assistance by MNCs on grounds of rescue or justice. The paper argues that this coordinative role of codes of conduct renders MNCs more accountable for the performance (...)
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  • The Obligations of Transnational Corporations: Rawlsian Justice and the Duty of Assistance.Nien-hê Hsieh - 2004 - Business Ethics Quarterly 14 (4):643-661.
    Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations (TNCs) that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on the governments (...)
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  • The Obligations of Transnational Corporations: Rawlsian Justice and the Duty of Assistance.Nien-hê Hsieh - 2004 - Business Ethics Quarterly 14 (4):643-661.
    Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on the governments of (...)
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  • David Willetts: The Pinch. How the Baby Boomers Took Their Children’s Future – and Why They Should Give It Back. [REVIEW]Raphaelle Schwarzberg - 2010 - Intergenerational Justice Review 5 (1).
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  • Is Cognitive Enhacement Harmful? Personal Affectation and Independent Value Points of View.Daniel Loewe - 2017 - Filosofia Unisinos 18 (3):117-129.
    The paper discusses criticisms against pharmacological cognitive enhancement from a liberal perspective. The criticisms point to the consequences of cognitive enhancement in third parties and in the agents, as well as in independent values. According to the article, these criticisms are not convincing. On the contrary, it argues that under certain assumptions there are good reasons in favor of free access to cognitive enhancement.
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  • Neither End, nor Means, but Both—Why the Modern University Ought to Be Responsive to Different Conceptions of the Good.Adelin Dumitru - 2018 - Educational Philosophy and Theory 51 (1):87-96.
    In this paper, I argue that universities ought to account for the diverse conceptions of the good employed by their students. The complex nature of the good of education, which has both instrumental and intrinsic aspects, means that the modern university should be impartial between students who consume this good for itself or as a means towards more fulfilling goals. The discussion on the intrinsic nature of education follows the line of the Humboldtian perspective. The instrumental benefits considered are the (...)
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  • Moral Coherence and Value Pluralism.Patricia Marino - 2013 - Canadian Journal of Philosophy 43 (1):117-135.
    This paper addresses the question of what value pluralism tells us about the pursuit of moral coherence as a method of moral reasoning. I focus on the status of the norm of ‘systematicity,’ or the demand that our principles be as few and as simple as possible. I argue that, given certain descriptive facts about the pluralistic ways we value, epistemic ways of supporting a systematicity norm do not succeed. Because it is sometimes suggested that coherence functions in moral reasoning (...)
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  • Edging Toward ‘Reasonably’ Good Corporate Governance.Donald Nordberg - 2018 - Philosophy of Management 17 (3):353-371.
    Over four decades, research and policy have created layers of understandings in the quest for "good" corporate governance. The corporate excesses of the 1970s sparked a search for market mechanisms and disclosure to empower shareholders. The UK-focused problems of the 1990s prompted board-centric, structural approaches, while the fall of Enron and many other companies in the early 2000s heightened emphasis on director independence and professionalism. With the financial crisis of 2007–09, however, came a turn in some policy approaches and in (...)
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  • On Justification, Idealization, and Discursive Purchase.Thomas M. Besch - 2019 - Philosophia 47 (3):601-623.
    Conceptions of acceptability-based moral or political justification take it that authoritative acceptability, widely conceived, constitutes, or contributes to, validity, or justification. There is no agreement as to what bar for authoritativeness such justification may employ. The paper engages the issue in relation to (i) the level of idealization that a bar for authoritativeness, ψ, imparts to a standard of acceptability-based justification, S, and (ii) the degree of discursive purchase of the discursive standing that S accords to people when it builds (...)
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  • The Implicit Argument for the Basic Liberties.C. M. Melenovsky - 2018 - Res Publica 24 (4):433-454.
    Most criticism and exposition of John Rawls’s political theory has focused on his account of distributive justice rather than on his support for liberalism. Because of this, much of his argument for protecting the basic liberties remains under explained. Specifically, Rawls claims that representative citizens would agree to guarantee those social conditions necessary for the exercise and development of the two moral powers, but he does not adequately explain why protecting the basic liberties would guarantee these social conditions. This gap (...)
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  • Uniqueness and Symmetry in Bargaining Theories of Justice.John Thrasher - 2014 - Philosophical Studies 167 (3):683-699.
    For contractarians, justice is the result of a rational bargain. The goal is to show that the rules of justice are consistent with rationality. The two most important bargaining theories of justice are David Gauthier’s and those that use the Nash’s bargaining solution. I argue that both of these approaches are fatally undermined by their reliance on a symmetry condition. Symmetry is a substantive constraint, not an implication of rationality. I argue that using symmetry to generate uniqueness undermines the goal (...)
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  • Organisational Justice: A Senian Perspective.Samir Shrivastava, Robert Jones, Christopher Selvarajah & Bernadine Van Gramberg - 2016 - Journal of Business Ethics 135 (1):99-116.
    In this paper, we draw inferences from the Nobel laureate Amartya Sen’s book, The Idea of Justice to inform the organisational justice literature. The extant societal-level theories of justice tend to emphasise aspects that are analogous to either the procedural or distributive dimensions of organisational justice. The Senian idea of comprehensive justice is different in that it synthesises the procedural- and distributive-related dimensions at the societal-level. We theorise that the Senian notion could be applied at the organisational-level to facilitate outcomes (...)
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  • Of Fair Markets and Distributive Justice.Mukesh Sud & Craig V. VanSandt - 2011 - Journal of Business Ethics 99 (S1):131-142.
    The authors argue that a free market paradigm facilitates wealth creation but does little to distribute that wealth in a just manner. In order to achieve the social goal of distributive justice, the concept of a fair market is introduced and explored. The authors then examine three drivers that can help improve the lives of all people, especially the poor: civil society, its institutions, and business. After exploring the roles these drivers might play in developing fair markets, we describe three (...)
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  • Fairness in Financial Markets: The Case of High Frequency Trading. [REVIEW]James J. Angel & Douglas McCabe - 2013 - Journal of Business Ethics 112 (4):585-595.
    Recent concern over “high frequency trading” (HFT) has called into question the fairness of the practice. What does it mean for a financial market to be “fair”? We first examine how high frequency trading is actually used. High frequency traders often implement traditional beneficial strategies such as market making and arbitrage, although computers can also be used for manipulative strategies as well. We then examine different notions of fairness. Procedural fairness can be viewed from the perspective of equal opportunity, in (...)
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  • A New Framework for Understanding Inequalities Between Expatriates and Host Country Nationals.Victor Oltra, Jaime Bonache & Chris Brewster - 2013 - Journal of Business Ethics 115 (2):291-310.
    An interdisciplinary theoretical framework is proposed for analysing justice in global working conditions. In addition to gender and race as popular criteria to identify disadvantaged groups in organizations, in multinational corporations (MNCs) local employees (i.e. host country nationals (HCNs) working in foreign subsidiaries) deserve special attention. Their working conditions are often substantially worse than those of expatriates (i.e. parent country nationals temporarily assigned to a foreign subsidiary). Although a number of reasons have been put forward to justify such inequalities—usually with (...)
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  • How Fair Is Actuarial Fairness?Xavier Landes - 2015 - Journal of Business Ethics 128 (3):519-533.
    Insurance is pervasive in many social settings. As a cooperative device based on risk pooling, it serves to attenuate the adverse consequences of various risks by offering policyholders coverage against the losses implied by adverse events in exchange for the payment of premiums. In the insurance industry, the concept of actuarial fairness serves to establish what could be adequate, fair premiums. Accordingly, premiums paid by policyholders should match as closely as possible their risk exposure. Such premiums are the product of (...)
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  • Quantitative Method in Finance: From Detachment to Ethical Engagement.Jason West - 2015 - Journal of Business Ethics 129 (3):599-611.
    Quantitative analysts or “Quants” are a source of competitive advantage for financial institutions. They occupy the relatively powerful but often misunderstood role of modeling, structuring, and pricing complex financial instruments in the capital markets. But Quants often function in a discipline free from ethical burdens. Models used to price complex instruments are usually beyond the mathematical understanding of financial sector participants who rely heavily on the integrity of the Quant who built them. Although there has been some attempt to cover (...)
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  • Grabbing or Investment? On Judging Large-Scale Land Acquisitions.Stefan Mann & Elisabeth Bürgi Bonanomi - 2017 - Agriculture and Human Values 34 (1):41-51.
    Although analyses of large-scale land acquisitions often contain an explicit or implicit normative judgment about such projects, they rarely deduce such judgment from a nuanced balancing of pros and cons. This paper uses assessments about a well-researched LSLA in Sierra Leone to show that a utilitarian approach tends to lead to the conclusion that positive effects prevail, whereas deontological approaches lead to an emphasis on negative aspects. LSLA are probably the most radical land-use change in the history of humankind. This (...)
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  • Territorial Boundaries and History.Anna Stilz - 2019 - Politics, Philosophy and Economics 18 (4):374-385.
    This article evaluates the theory of boundary legitimacy put forward in A John Simmons’s recent book Boundaries of Authority. I believe Simmons is correct to hold that questions about the legitimac...
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  • The Savings Problem in the Original Position: Assessing and Revising a Model.Eric Brandstedt - 2017 - Canadian Journal of Philosophy 47 (2):269-289.
    The common conception of justice as reciprocity seemingly is inapplicable to relations between non-overlapping generations. This is a challenge also to John Rawls’s theory of justice as fairness. This text responds to this by way of reinterpreting and developing Rawls’s theory. First, by examining the original position as a model, some revisions of it are shown to be wanting. Second, by drawing on the methodology of constructivism, an alternative solution is proposed: an amendment to the primary goods named ‘sustainability of (...)
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  • Justice and Utility.Paul W. Taylor - 1972 - Canadian Journal of Philosophy 1 (3):327 - 350.
    That utility is not a sufficient test for a set of social rules to be morally binding upon a group of persons has been argued in a number of recent books and articles. Yet it is generally conceded in these arguments that a group's observance of rules makes possible greater benefits than would accrue if each did not associate himself with others under the rules. It is not denied that the practice of morality is socially advantageous. What is denied is (...)
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  • Fair Contracts and Beautiful Intuitions.Gregory E. Pence - 1977 - Canadian Journal of Philosophy 7 (sup1):137-152.
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  • ‘Everybody’s Gotta Do Something’: Neutrality and Work.David Jenkins - 2018 - Critical Review of International Social and Political Philosophy:1-22.
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  • Rational Choice and Moral Theory.Edward F. McClennen - 2010 - Ethical Theory and Moral Practice 13 (5):521-540.
    Contemporary discussions of the positive relation between rational choice and moral theory are a special case of a much older tradition that seeks to show that mutual agreement upon certain moral rules works to the mutual advantage, or in the interests, of those who so agree. I make a few remarks about the history of discussions of the connection between morality and self-interest, after which I argue that the modern theory of rational choice can be naturally understood as a continuation (...)
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  • Application of Western and Islamic Philosophy to Business Ethics.Elmamy Ahmedsalem - 2018 - International Journal of Business, Human and Social Sciences 11 (5).
    The world has witnessed the collapse of many corporate giants as a result of unethical behavior in recent decades. This has induced a series of questions by the global community on why such occurrences could happen, even with corporate governance in place. This paper attempts to propose a philosophical approach from an Islamic perspective to be consolidated with current corporate governance in order to confront contemporary dilemmas. In this paper, ethical theories are presented as a discussion followed by their applications (...)
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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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  • 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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  • Beyond Empiricism: Realizing the Ethical Mission of Management.Julian Friedland - 2012 - Business and Society Review 117 (3):329-356.
    Research into the proper mission of business falls within the context of theoretical and applied ethics. And ethics is fast becoming a part of required business school curricula. However, while business ethics research occasionally appears in high‐profile venues, it does not yet enjoy a regular place within any top management journal. I offer a partial explanation of this paradox and suggestions for resolving it. I begin by discussing the standard conception of human nature given by neoclassical economics as disseminated in (...)
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  • On the Emergence of American Analytic Philosophy.Joel Katzav & Krist Vaesen - 2017 - British Journal for the History of Philosophy 25 (4):772-798.
    ABSTRACTThis paper is concerned with the reasons for the emergence and dominance of analytic philosophy in America. It closely examines the contents of, and changing editors at, The Philosophical Review, and provides a perspective on the contents of other leading philosophy journals. It suggests that analytic philosophy emerged prior to the 1950s in an environment characterized by a rich diversity of approaches to philosophy and that it came to dominate American philosophy at least in part due to its effective promotion (...)
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  • Towards Principled Responsible Research and Innovation: Employing the Difference Principle in Funding Decisions.Doris Schroeder & Miltos Ladikas - 2015 - Journal of Responsible Innovation 2 (2).
    Responsible Research and Innovation has emerged as a science policy framework that attempts to import broad social values into technological innovation processes whilst supporting institutional decision-making under conditions of uncertainty and ambiguity. When looking at RRI from a ‘principled’ perspective, we consider responsibility and justice to be important cornerstones of the framework. The main aim of this article is to suggest a method of realising these principles through the application of a limited Rawlsian Difference Principle in the distribution of public (...)
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  • Equity and Nuclear Waste Disposal.Kristin Shrader-Frechette - 1994 - Journal of Agricultural and Environmental Ethics 7 (2):133-156.
    Following the recommendations of the US National Academy of Sciences and the mandates of the 1987 Nuclear Waste Policy Amendments Act, the US Department of Energy has proposed Yucca Mountain, Nevada as the site of the world's first permanent repository for high-level nuclear waste. The main justification for permanent disposal (as opposed to above-ground storage) is that it guarantees safety by means of waste isolation. This essay argues, however, that considerations of equity (safer for whom?) undercut the safety rationale. The (...)
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  • Business’ Environmental Obligations and Reasoned Public Discourse: A Kantian Foundation for Analysis.Richard Robinson & Nina Shah - 2019 - Journal of Business Ethics 159 (4):1181-1198.
    The Kantian categorical imperative process of rational reflection and reasoned social discourse is theoretically capable of forming the moral environmental maxims applicable to business. This article argues that rational environmental discourse demands that business has an imperfect duty to develop relevant unbiased information, and perhaps to disseminate this information through participation in business-public coalitions. For the environmental problem, this “rationality” particularly concerns our obligations toward future generations and distant people while recognizing that they cannot participate in current discourse, and the (...)
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  • Exploitation, Intentionality and Injustice.Hillel Steiner - 2018 - Economics and Philosophy 34 (3):369-379.
    :This paper argues that, inasmuch as exploitation is a form of injustice, exploitative acts need not be performed intentionally.
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  • A Yank at Oxford.Josef Chytry - 2016 - Journal of the Philosophy of History 10 (1):136-155.
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  • Toward a Normative Theory of Multilateral Democracy: The Original Position and the Principles.Francis Cheneval - unknown
    The normative theory of multilateral democratic integration starts within the context of liberal peoples engaged in the common realization of rights, freedoms, and life chances for their citizens while seeking to preserve self-government and popular sovereignty. The point argued in the paper is that the fair terms of multilateral democratic integration must be determined by an integrated original position of citizen and people representatives choosing basic principles of liberal multilateralism. The proposal to merge the two Rawlsian original positions offers a (...)
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  • Radical Actions to Address UK Organ Shortage, Enacting Iran’s Paid Donation Programme: A Discussion Paper.Rebecca Timmins & Magi Sque - 2019 - Nursing Ethics 26 (7-8):1936-1945.
    Globally there is a shortage of organs available for transplant resulting in thousands of lives lost as a result. Recently in the United Kingdom 457 people died as a result of organ shortage in just 1 year. 1 NHS Blood and Transplant suggest national debates to test public attitudes to radical actions to increase organ donation should be considered in addressing organ shortage. The selling of organs for transplant in the United Kingdom is prohibited under the Human Tissue Act 2004. (...)
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  • Actual Agreement Contractualism.David Borman - 2015 - Dialogue 54 (3):519-539.
    In this paper, I defend a metaethical position described as ‘actual agreement contractualism’: the view that norms arise from actual attempts to arrive at legitimate terms for social cooperation among all those affected. I distinguish the actual agreement approach from hypothetical approaches to contractualism, and defend the former against objections from Thomas Scanlon, in particular. The attractiveness of a focus on actual agreements, I argue, is seen in the way it resolves problems internal to the hypothetical approach as well as (...)
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  • Adam Smith and the Contemporary World.Amartya Sen - 2010 - Erasmus Journal for Philosophy and Economics 3 (1):50-67.
    This paper argues that many of Adam Smith’s insights,particularly those in his Theory of moral sentiments, have a relevance tocontemporary thought about economics and ethics that is currentlyunderappreciated. In economics, for example, Smith was concerned notonly with the sufficiency of self-interest at the moment of exchange butalso with the wider moral motivations and institutions required tosupport economic activity in general. In ethics, Smith’s concept of animpartial spectator who is able to view our situation from a criticaldistance has much to contribute (...)
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  • Além da Dicotomia Fato/Valor: Justificação e Legitimação.Denis Coitinho Silveira - 2013 - Trans/Form/Ação 36 (1):165-186.
    Meu principal objetivo, neste artigo, é analisar o problema da justificação moral para JohnRawls, caracterizando a teoria da justiça como equidade como um sistema coerentista de justificaçãoque conta com uma epistemologia coerentista holística, uma teoria do contrato social que introduzuma ontologia social e uma estratégia pragmatista de justificação na teoria contratualista. No escopodeste trabalho, examinarei o pressuposto pragmatista de justificação na teoria do contrato social, o qual faz uso do argumento da estabilidade social e legitimidade política para garantir a validade (...)
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  • Scientific Practices and Their Social Context.Daniel Hicks - 2012 - Dissertation, U. Of Notre Dame
    My dissertation combines philosophy of science and political philosophy. Drawing directly on the work of Alasdair MacIntyre and inspired by John Dewey, I develop two rival conceptions of scientific practice. I show that these rivals are closely linked to the two basic sides in the science and values debate -- the debate over the extent to which ethical and political values may legitimately influence scientific inquiry. Finally, I start to develop an account of justice that is sensitive to these legitimate (...)
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  • Coercion, Authority, and Democracy.Grahame Booker - 2009 - Dissertation, Waterloo
    As a classical liberal, or libertarian, I am concerned to advance liberty and minimize coercion. Indeed on this view liberty just is the absence of coercion or costs imposed on others. In order to better understand the notion of coercion I discuss Robert Nozick's classic essay on the subject as well as more recent contributions. I then address the question of whether law is coercive, and respond to Edmundson and others who think that it isn't. Assuming that the law is (...)
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  • The Emergence of the Physical World From Information Processing.Brian Whitworth - 2010 - Quantum Biosystems 2 (1):221-249.
    This paper links the conjecture that the physical world is a virtual reality to the findings of modern physics. What is usually the subject of science fiction is here proposed as a scientific theory open to empirical evaluation. We know from physics how the world behaves, and from computing how information behaves, so whether the physical world arises from ongoing information processing is a question science can evaluate. A prima facie case for the virtual reality conjecture is presented. If a (...)
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  • Essentialist Explanation.Martin Glazier - 2017 - Philosophical Studies 174 (11):2871-2889.
    Recent years have seen an explosion of interest in metaphysical explanation, and philosophers have fixed on the notion of ground as the conceptual tool with which such explanation should be investigated. I will argue that this focus on ground is myopic and that some metaphysical explanations that involve the essences of things cannot be understood in terms of ground. Such ‘essentialist’ explanation is of interest, not only for its ubiquity in philosophy, but for its being in a sense an ultimate (...)
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