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Two concepts of rules

Philosophical Review 64 (1):3-32 (1955)

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  1. Human Rights and the Rights of States: A Relational Account.Ariel Zylberman - 2016 - Canadian Journal of Philosophy 46 (3):291-317.
    What is the relationship between human rights and the rights of states? Roughly, while cosmopolitans insist that international morality must regard as basic the interests of individuals, statists maintain that the state is of fundamental moral significance. This article defends a relational version of statism. Human rights are ultimately grounded in a relational norm of reciprocal independence and set limits to the exercise of public authority, but, contra the cosmopolitan, the state is of fundamental moral significance. A relational account promises (...)
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  • Bain's Theory of Moral Judgment and the Development of Mill's Utilitarianism.Aaron Zimmerman - forthcoming - Utilitas:1-19.
    In Utilitarianism, Mill defers to Alexander Bain's expertise on the subject of moral judgment to answer common criticisms of the creed. First, we do not blame people or label them immoral when they are less than ideal. Judgments of immorality are commonly reserved for substandard behavior, not suboptimal comportment. Second, we do not commonly insist on full neutrality in benevolence. Indeed, some philosophers argue that we are obliged to exhibit partiality, insofar as it is demanded by our roles as friends, (...)
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  • The Law of Duty and the Virtue of Justice.Ekow Nyansa Yankah - 2008 - Criminal Justice Ethics 27 (1):67-77.
    In his new book, The Grammar of Criminal Law: American, Comparative, and International, celebrated criminal law theorist George Fletcher excavates criminal law doctrine across a number of countries and cultures to reveal a small number of basic shared structures. Among these structures Fletcher argues that it is a criminal law justified by Kantian legal morality, in contrast to perfectionist or communitarian theories, that is legitimate. Thus, Fletcher proposes, along with legal positivists, that the validity of legal norms does not turn (...)
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  • Hobbes and Normative Egoism.Alex Worsnip - 2015 - Archiv für Geschichte der Philosophie 97 (4):481-512.
    Is Hobbes a normative egoist? That is: does Hobbes think that an agent’s normative reasons are all grounded in her own good? A once-dominant tradition of Hobbes scholarship answers ‘yes’. In an important recent work, however, S.A. Lloyd has argued that the answer to the question is ‘no’, and built an alternative non-egoistic interpretation of Hobbes that stresses reciprocity and mutual justifiability. My aim in this paper is to articulate and defend an original ‘middle way’ interpretation of Hobbes which steers (...)
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  • Punishment: Consequentialism.David Wood - 2010 - Philosophy Compass 5 (6):455-469.
    Punishment involves deliberating harming individuals. How, then, if at all, is it to be justified? This, the first of three papers on the philosophy of punishment (see also 'Punishment: Nonconsequentialism' and 'Punishment: The Future'), examines attempts to justify the practice or institution according to its consequences. One claim is that punishment reduces crime, and hence the resulting harms. Another is that punishment functions to rehabilitate offenders. A third claim is that punishment (or some forms of punishment) can serve to make (...)
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  • The Relevance of Rules to a Critical Social Science.J. Jeremy Wisnewski - 2005 - Philosophy of the Social Sciences 35 (4):391-419.
    The aim of this article is to argue for a conception of critical social science based on the model of constitutive rules. The author argues that this model is pragmatically superior to those models that employ notions like "illusion" and " ideology," as it does not demand a specification of the "real (but hidden) interests" of social actors. Key Words: constitutive rules • critical theory • ideology • recommendations • social facts.
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  • What is Group Well-Being?Eric Wiland - 2022 - Journal of Ethics and Social Philosophy 21 (1).
    What is group well-being? There is, as of yet, shockingly little philosophical literature explicitly aiming to answer this question. This essay sketches some of the logical space of possible answers, and nudges us to seriously consider certain overlooked options. There are several importantly different ways the well-being of a collective or a group could be related to the well-being of the individuals who constitute it: 1) eliminativism, 2) functionalism, 3) partialism, or 4) the independent view. If the relation between individual (...)
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  • The Evolution of Retribution: Intuitions Undermined.Isaac Wiegman - 2017 - Pacific Philosophical Quarterly 98 (2):490-510.
    Recent empirical work suggests that emotions are responsible for anti-consequentialist intuitions. For instance, anger places value on actions of revenge and retribution, value not derived from the consequences of these actions. As a result, it contributes to the development of retributive intuitions. I argue that if anger evolved to produce these retributive intuitions because of their biological consequences, then these intuitions are not a good indicator that punishment has value apart from its consequences. This severs the evidential connection between retributive (...)
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  • A Case for Capital Punishment.W. E. Cooper & John King-Farlow - 1989 - Journal of Social Philosophy 20 (3):64-76.
    We shall argue that there is adequate moral justification for capital punishment with linkage, that is, with linkage to keeping non-murderers from dying. We present the argument with two aims in mind. The first is to question the conventional wisdom, seldom challenged even by proponents of capital punishment, that being an abolitionist is closely connected to having a civilized respect for human life. This conventional wisdom, we hope to show, is somewhat off the mark. To this end we exhibit structural (...)
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  • ‘Information’: Praxeological Considerations. [REVIEW]Rod Watson & Andrew P. Carlin - 2012 - Human Studies 35 (2):327-345.
    Harold Garfinkel wrote a series of highly detailed and lengthy 'memos' during his time (1951-53) at Princeton, where remarkable developments in information theory were taking place. These very substantial manuscripts have been edited by Anne Warfield Rawls in Toward a Sociological Theory of Information (Garfinkel 2008). This paper explores some of the implications of these memos, which we suggest are still relevant for the study of 'information' and information theory. Definitional privilege of 'information' as a technical term has been arrogated (...)
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  • Punitive Damages: New Twists in Torts.Clarence C. Walton - 1991 - Business Ethics Quarterly 1 (3):269-291.
    While jurisprudence in the United States has been cast in the general mode of the English common law, modifications over time haveproduced enough significant variations that American law has a distinctive quality. To illustrate: The exclusionary rule in criminal cases prohibiting the use of evidence acquired through illegal search, is not followed in Britain-or, for that matter, in Canada, Germany, and Israel. The punitive-damage concept in tort law is also a jurisprudential novelty. Punitive damages are imposed in addition to compensatory (...)
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  • Punitive Damages: New Twists in Torts.Clarence C. Walton - 1991 - Business Ethics Quarterly 1 (3):269-291.
    While jurisprudence in the United States has been cast in the general mode of the English common law, modifications over time haveproduced enough significant variations that American law has a distinctive quality. To illustrate: The exclusionary rule in criminal cases prohibiting the use of evidence acquired through illegal search, is not followed in Britain-or, for that matter, in Canada, Germany, and Israel. The punitive-damage concept in tort law is also a jurisprudential novelty. Punitive damages are imposed in addition to compensatory (...)
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  • Branching Is Not a Bug; It’s a Feature: Personal Identity and Legal (and Moral) Responsibility.Mark Walker - 2020 - Philosophy and Technology 33 (2):173-190.
    Prospective developments in computer and nanotechnology suggest that there is some possibility—perhaps as early as this century—that we will have the technological means to attempt to duplicate people. For example, it has been speculated that the psychology of individuals might be emulated on a computer platform to create a personality duplicate—an “upload.” Physical duplicates might be created by advanced nanobots tasked with creating molecule-for-molecule copies of individuals. Such possibilities are discussed in the philosophical literature as cases of “fission”: one person (...)
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  • Doping and Cheating.Jan Vorstenbosch - 2010 - Journal of the Philosophy of Sport 37 (2):166-181.
    A familiar move that philosophers of sport make in the debate on the doping-issue is to reject from the start the argument that doping comes down to cheating. The claim that doping is cheating is often rebutted with the argument that doping is only cheating when one accepts that the use of doping is unjustified in itself. In this paper I want to argue that putting aside the cheating-argument in this way comes, first, too easy, because essential complexities of what (...)
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  • Xiv*—Modern Moral Philosophy Again: Isolating the Promulgation Problem.Candace Vogler - 2006 - Proceedings of the Aristotelian Society 106 (3):345-362.
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  • Ruth Macklin, Against Relativism: Cultural Diversity and the Search for Ethical Universal in Medicine.Robert M. Veatch - 2000 - Theoretical Medicine and Bioethics 21 (4):385-392.
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  • Desert, Responsibility, and Justification: A Reply to Doris, McGeer, and Robinson.Manuel R. Vargas - 2015 - Philosophical Studies 172 (10):2659-2678.
    Building Better Beings: A Theory of Moral Responsibility argues that the normative basis of moral responsibility is anchored in the effects of responsibility practices. Further, the capacities required for moral responsibility are socially scaffolded. This article considers criticisms of this account that have been recently raised by John Doris, Victoria McGeer, and Michael Robinson. Robinson argues against Building Better Beings’s rejection of libertarianism about free will, and the account of desert at stake in the theory. considers methodological questions that arise (...)
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  • Once More to the Limits of Evil.Chad Van Schoelandt - 2020 - The Journal of Ethics 24 (4):375-400.
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  • Moral Accountability and Social Norms.Chad Van Schoelandt - 2018 - Social Philosophy and Policy 35 (1):217-236.
    :This essay argues that moral accountability depends upon having a shared system of social norms. In particular, it argues that the Strawsonian reactive attitude of resentment is only fitting when people can reasonably expect a mutual recognition of the justified demands to which they are being held. Though such recognition should not typically be expected of moral demands that are thought to be independent of any social practice, social norms can ground such mutual recognition. On this account, a significant part (...)
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  • Permission to Cheat.Roy Sorensen - 2007 - Analysis 67 (3):205 - 214.
    Seizing the opportunity to apply what they had learned, the students declared a cheating competition. Outspoken participants (future lawyers, politicians, and captains of industry) bragged about their ruses. But to their chagrin, an ethics student prevailed.
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  • The Absolutism Problem in On Liberty.Piers Norris Turner - 2013 - Canadian Journal of Philosophy 43 (3):322-340.
    Mill argues that, apart from the principle of utility, his utilitarianism is incompatible with absolutes. Yet in On Liberty he introduces an exceptionless anti-paternalism principle—his liberty principle. In this paper I address ‘the absolutism problem,’ that is, whether Mill's utilitarianism can accommodate an exceptionless principle. Mill's absolute claim is not a mere bit of rhetoric. But the four main solutions to the absolutism problem are also not supported by the relevant texts. I defend a fifth solution—the competence view—that turns on (...)
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  • Punishment and Discretion in Mill's Utilitarianism.Piers Norris Turner - 2015 - Utilitas 27 (2):165-178.
    I argue that a notorious passage from Utilitarianism concerning the relationship between morality and blameworthiness need not be an obstacle to a consistent act-utilitarian interpretation of Mill's moral theory. First, the Art of Life provides a framework for reconciling Mill's evaluation of conduct in terms of both expediency and blameworthiness. Like contemporary sophisticated act-utilitarians, Mill treats expediency as the more fundamental category of evaluation. Second, textual evidence suggests that, on Mill's view, evaluations of blameworthiness are not strictly bound by rules, (...)
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  • Should We Aim for a Unified and Coherent Theory of Punishment?: Thom Brooks: Punishment. Routledge, New York, 2012, 282 Pp., ISBN 978-0-415-43181-1, 978-0-415-43182-8.Mark Tunick - 2016 - Criminal Law and Philosophy 10 (3):611-628.
    Thom Brooks criticizes utilitarian and retributive theories of punishment but argues that utilitarian and retributive goals can be incorporated into a coherent and unified theory of punitive restoration, according to which punishment is a means of reintegrating criminals into society and restoring rights. I point to some difficulties with Brooks’ criticisms of retributive and utilitarian theories, and argue that his theory of punitive restoration is not unified or coherent. I argue further that a theory attempting to capture the complex set (...)
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  • A Convention or (Tacit) Agreement Betwixt Us: On Reliance and its Normative Consequences.Luca Tummolini, Giulia Andrighetto, Cristiano Castelfranchi & Rosaria Conte - 2013 - Synthese 190 (4):585-618.
    The aim of this paper is to clarify what kind of normativity characterizes a convention. First, we argue that conventions have normative consequences because they always involve a form of trust and reliance. We contend that it is by reference to a moral principle impinging on these aspects (i.e. the principle of Reliability) that interpersonal obligations and rights originate from conventional regularities. Second, we argue that the system of mutual expectations presupposed by conventions is a source of agreements. Agreements stemming (...)
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  • A Abordagem Contratualista de "a Theory of Justice" Entre Método E Objetivos. Algumas Observações a Partir Das Últimas Críticas de Onora O'Neill.Emanuele Tredanaro - 2017 - Kriterion: Journal of Philosophy 58 (136):65-86.
    RESUMO O objetivo do presente trabalho é propor, mediante o papel que a relação entre método e objetivos desempenha em "A theory of justice", uma possível leitura da abordagem contratualista sui generis adotada por Rawls em sua obra-prima. De modo particular, aproveitaremos, como ponto de partida, duas críticas que Onora O'Neill apresenta em uma de suas últimas intervenções sobre o pensamento de Rawls. Tentaremos mostrar, então, como tais críticas padecem de certa inconsistência, na medida em que for enfatizada a complementaridade (...)
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  • Articles.Steven E. Tozer, Debra Miretzky, Steven I. Miller & Ronald R. Morgan - 2000 - Educational Studies 31 (2):106-131.
    Since publication of the 1986 Carnegie Commission report, A Nation Prepared: Teachers for the 21st Century, the professional teaching standards movement has gained noticeable momentum. The professional standards movement in teaching has been fueled by national organizations such as the National Council for Accreditation of Teacher Education, the Interstate New Teachers Assessment and Support Consortium, the National Board for Professional Teaching Standards, the National Commission on Teaching and America's Future, and by close collaboration among these four entities. Further, nearly all (...)
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  • Innocence Lost: A Problem for Punishment as Duty.Patrick Tomlin - 2017 - Law and Philosophy 36 (3):225-254.
    Constrained instrumentalist theories of punishment – those that seek to justify punishment by its good effects, but limit its scope – are an attractive alternative to pure retributivism or utilitarianism. One way in which we may be able to limit the scope of instrumental punishment is by justifying punishment through the concept of duty. This strategy is most clearly pursued in Victor Tadros’ influential ‘Duty View’ of punishment. In this paper, I show that the Duty View as it stands cannot (...)
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  • Could the Presumption of Innocence Protect the Guilty?Patrick Tomlin - 2014 - Criminal Law and Philosophy 8 (2):431-447.
    At criminal trial, we demand that those accused of criminal wrongdoing be presumed innocent until proven guilty beyond any reasonable doubt. What are the moral and/or political grounds of this demand? One popular and natural answer to this question focuses on the moral badness or wrongness of convicting and punishing innocent persons, which I call the direct moral grounding. In this essay, I suggest that this direct moral grounding, if accepted, may well have important ramifications for other areas of the (...)
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  • How Are Bundles of Social Practices Constituted?Italo Testa - 2019 - Critical Horizons:1-12.
    n this paper, I analyse Rahel Jaeggi’s socio-ontological account of forms of life. I show that her framework is a two-sided one, since it involves an understanding of forms of life both as inert bundles of practices and as having a normative structure. Here I argue that this approach is based on an a priori argument which assumes normativity as the condition of intelligibility of social criticism. I show that the intimate tension between these two sides is reflected in the (...)
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  • How Are Bundles of Social Practices Constituted? Jaeggi, Social Ontology, and the Jargon of Normativity.Italo Testa - 2021 - Critical Horizons 22 (2):162-173.
    ABSTRACT In this paper, I analyse Rahel Jaeggi’s socio-ontological account of forms of life. I show that her framework is a two-sided one, since it involves an understanding of forms of life both as inert bundles of practices and as having a normative structure. Here I argue that this approach is based on an a priori argument which assumes normativity as the condition of intelligibility of social criticism. I show that the intimate tension between these two sides is reflected in (...)
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  • The Standard of Correctness and the Ontology of Depiction.Enrico Terrone - 2021 - American Philosophical Quarterly 58 (4):399-412.
    This paper develops Richard Wollheim’s claim that the proper appreciation of a picture involves not only enjoying a seeing-in experience but also abiding by a standard of correctness. While scholars have so far focused on what fixes the standard, thereby discussing the alternative between intentions and causal mechanisms, the paper focuses on what the standard does, that is, establishing which kinds, individuals, features and standpoints are relevant to the understanding of pictures. It is argued that, while standards concerning kinds, individuals (...)
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  • Science Fiction as a Genre.Enrico Terrone - 2021 - Journal of Aesthetics and Art Criticism 79 (1):16-29.
    Regardless of whether one agrees or disagrees with Stacie Friend’s claim that fiction is a genre, her notion of genre can be fruitfully applied to a paradigmatic genre such as science fiction. This article deploys Friend’s notion of genre in order to improve the influential characterization of science fiction proposed by Darko Suvin and to defend it from a criticism recently raised by Simon Evnine. According to Suvin, a work of science fiction must concern “a fictional ‘novum’ validated by cognitive (...)
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  • Kantian Constructivism and the Authority of Others.Aleksy Tarasenko-Struc - 2020 - European Journal of Philosophy 28 (1):77-92.
    European Journal of Philosophy, EarlyView.
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  • Philosophising Outside of the Academy.Julie Tannenbaum - 2015 - Journal of Medical Ethics 41 (6):491-492.
    This brief critique of Frances Kamm’s Bioethical Prescriptions (Oxford University Press, 2013) focuses on the phenomenon of philosophers taking on roles outside of academia, which Kamm discusses in chapter 24, “The Philosopher as Insider and Outsider: How to Advise, Compromise, and Criticize.” Kamm discusses various conflicts that can arise for philosophers who serve as advisors on governmental commissions. One goal many philosophers have in joining such commissions is (a) to promote the public good (p. 527), but this can come into (...)
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  • Institutional Consequentialism and Global Governance.Attila Tanyi & András Miklós - 2017 - Journal of Global Ethics 13 (3):279-297.
    Elsewhere we have responded to the so-called demandingness objection to consequentialism – that consequentialism is excessively demanding and is therefore unacceptable as a moral theory – by introducing the theoretical position we call institutional consequentialism. This is a consequentialist view that, however, requires institutional systems, and not individuals, to follow the consequentialist principle. In this paper, we first introduce and explain the theory of institutional consequentialism and the main reasons that support it. In the remainder of the paper, we turn (...)
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  • Punishment and Reform.Steven Sverdlik - 2014 - Criminal Law and Philosophy 8 (3):619-633.
    The reform of offenders is often said to be one of the morally legitimate aims of punishment. After briefly surveying the history of reformist thinking I examine the ‘quasi-reform’ theories, as I call them, of H. Morris, J. Hampton and A. Duff. I explain how they conceive of reform, and what role they take it to have in the criminal justice system. I then focus critically on one feature of their conception of reform, namely, the claim that a reformed offender (...)
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  • The Puzzle of Competitive Fairness.Oisin Suttle - 2022 - Politics, Philosophy and Economics 21 (2):190-227.
    Politics, Philosophy & Economics, Volume 21, Issue 2, Page 190-227, May 2022. There is a sense of fairness that is distinctive of markets. This is fairness among economic competitors, competitive fairness. We regularly make judgments of competitive fairness about market participants, public policies and institutions. However, it is not clear to what these judgments refer, or what moral significance they have. This paper offers a rational reconstruction of competitive fairness in terms of non-domination. It first identifies competitive fairness as a (...)
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  • From Autonomy to Heteronomy (and Back): The Enaction of Social Life. [REVIEW]Pierre Steiner & John Stewart - 2009 - Phenomenology and the Cognitive Sciences 8 (4):527-550.
    The term “social cognition” can be construed in different ways. On the one hand, it can refer to the cognitive faculties involved in social activities, defined simply as situations where two or more individuals interact. On this view, social systems would consist of interactions between autonomous individuals; these interactions form higher-level autonomous domains not reducible to individual actions. A contrasting, alternative view is based on a much stronger theoretical definition of a truly social domain, which is always defined by a (...)
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  • Must We Mean What We Say?Stanley Cavell - 1958 - In V. C. Chappell (ed.), Inquiry. New York: Dover Publications. pp. 172 – 212.
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  • The Future of Moral Responsibility and Desert.Jay Spitzley - 2021 - Review of Philosophy and Psychology 12 (4):977-997.
    Most contemporary accounts of moral responsibility take desert to play a central role in the nature of moral responsibility. It is also assumed that desert is a backward-looking concept that is not directly derivable from any forward-looking or consequentialist considerations, such as whether blaming an agent would deter the agent from performing similar bad actions in the future. When determining which account of moral responsibility is correct, proponents of desert-based accounts often take intuitions about cases to provide evidence either in (...)
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  • Enhancing the Nature-of-Activities Account of Enhancement.Jay Spitzley - 2018 - Neuroethics 11 (3):323-335.
    Many find it intuitive that those who use enhancements like steroids and Adderall in Olympic weightlifting and education are due less praise than those who perform equally well without using these enhancements. Nonetheless, it is not easy to coherently explain why one might be justifiably due less praise for using these technologies to enhance one’s performance. Justifications for this intuition which rely on concerns regarding authenticity, cheating, or shifts in who is responsible for the performance face serious problems. Santoni de (...)
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  • Permission to Cheat.R. Sorensen - 2007 - Analysis 67 (3):205-214.
    Seizing the opportunity to apply what they had learned, the students declared a cheating competition. Outspoken participants (future lawyers, politicians, and captains of industry) bragged about their ruses. But to their chagrin, an ethics student prevailed.
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  • Deception in Social Science Research: Is Informed Consent Possible?Alan Soble - 1978 - Hastings Center Report 8 (5):40-46.
    Deception of subjects is used frequently in the social sciences. Examples are provided. The ethics of experimental deception are discussed, in particular various maneuvers to solve the problem. The results have implications for the use of deception in the biomedical sciences.
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  • Reiner on the Future of Schweitzer's Ethics.T. G. Smith - 1971 - Journal of Value Inquiry 5 (2):131-135.
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  • Efficiency and Ethically Responsible Management.Jeffery Smith - 2018 - Journal of Business Ethics 150 (3):603-618.
    One common justification for the pursuit of profit by business firms within a market economy is that profit is not an end in itself but a means to more efficiently produce and allocate resources. Profit, in short, is a mechanism that serves the market’s purpose of producing Pareto superior outcomes for society. This discussion examines whether such a justification, if correct, requires business managers to remain attentive to how their firm’s operation impacts the market’s purpose. In particular, it is argued (...)
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  • Corporate Responsibility and the Plurality of Market Aims.Jeffery Smith - 2019 - Business and Society Review 124 (2):183-199.
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  • Reverse‐Engineering Blame 1.Paulina Sliwa - 2019 - Philosophical Perspectives 33 (1):200-219.
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  • Are Journalistic Ethics Self-Generated?Erling Skorpen - 1989 - Journal of Mass Media Ethics 4 (2):157 – 173.
    Ethicists in and out of the profession have argued that a journalist's precept to report only the truth is deduced, say, from utilitarianism's appeal to social utility or Rawls' appeal to justice as fairness. The mistake in this is indicated by an argument that the physician owes his or her professional ethic to the human need for health and the lawyer's to the human need for justice. The journalist, therefore, may well owe his or her professional regard for truthful reporting (...)
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  • Communicative Eye Contact Signals a Commitment to Cooperate for Young Children.Barbora Siposova, Michael Tomasello & Malinda Carpenter - 2018 - Cognition 179 (C):192-201.
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  • Parental Compromise.Marcus William Hunt - 2022 - Critical Review of International Social and Political Philosophy 25 (2):260-280.
    I examine how co-parents should handle differing commitments about how to raise their child. Via thought experiment and the examination of our practices and affective reactions, I argue for a thesis about the locus of parental authority: that parental authority is invested in full in each individual parent, meaning that that the command of one parent is sufficient to bind the child to act in obedience. If this full-authority thesis is true, then for co-parents to command different things would be (...)
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