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Rights, restitution, and risk: essays, in moral theory

Cambridge: Harvard University Press. Edited by William Parent (1986)

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  1. Wronging Oneself.Daniel Muñoz & Nathaniel Baron-Schmitt - 2024 - Journal of Philosophy 121 (4):181-207.
    When, if ever, do we wrong ourselves? The Self-Other Symmetric answer is: when we do to ourselves what would wrong a consenting other. The standard objection, which has gone unchallenged for decades, is that Symmetry seems to imply that we wrong ourselves in too many cases—where rights are unwaivable, or “self-consent” is lacking. We argue that Symmetry not only survives these would-be counterexamples; it explains and unifies them. The key to Symmetry is not, as critics have supposed, the bizarre claim (...)
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  • The Rejection of Epistemic Consequentialism.Selim Berker - 2013 - Philosophical Issues 23 (1):363-387.
    A quasi-sequel to "Epistemic Teleology and the Separateness of Propositions." Covers some of the same ground, but also extends the basic argument in an important way.
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  • Pushing moral buttons: The interaction between personal force and intention in moral judgment.Joshua D. Greene, Fiery A. Cushman, Lisa E. Stewart, Kelly Lowenberg, Leigh E. Nystrom & Jonathan D. Cohen - 2009 - Cognition 111 (3):364-371.
    In some cases people judge it morally acceptable to sacrifice one person’s life in order to save several other lives, while in other similar cases they make the opposite judgment. Researchers have identified two general factors that may explain this phenomenon at the stimulus level: (1) the agent’s intention (i.e. whether the harmful event is intended as a means or merely foreseen as a side-effect) and (2) whether the agent harms the victim in a manner that is relatively “direct” or (...)
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  • Cognitive Load Selectively Interferes with Utilitarian Moral Judgment.Jonathan D. Cohen Joshua D. Greene, Sylvia A. Morelli, Kelly Lowenberg, Leigh E. Nystrom - 2008 - Cognition 107 (3):1144.
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  • Epistemic Blame and the New Evil Demon Problem.Cristina Ballarini - 2022 - Philosophical Studies 179 (8):2475-2505.
    The New Evil Demon Problem presents a serious challenge to externalist theories of epistemic justification. In recent years, externalists have developed a number of strategies for responding to the problem. A popular line of response involves distinguishing between a belief’s being epistemically justified and a subject’s being epistemically blameless for holding it. The apparently problematic intuitions the New Evil Demon Problem elicits, proponents of this response claim, track the fact that the deceived subject is epistemically blameless for believing as she (...)
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  • The Moral Problem of Risk Impositions: A Survey of the Literature.Madeleine Hayenhjelm & Jonathan Wolff - 2012 - European Journal of Philosophy 20 (S1):E1-E142.
    This paper surveys the current philosophical discussion of the ethics of risk imposition, placing it in the context of relevant work in psychology, economics and social theory. The central philosophical problem starts from the observation that it is not practically possible to assign people individual rights not to be exposed to risk, as virtually all activity imposes some risk on others. This is the ‘problem of paralysis’. However, the obvious alternative theory that exposure to risk is justified when its total (...)
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  • (1 other version)Subjective rightness.Holly M. Smith - 2010 - Social Philosophy and Policy 27 (2):64-110.
    Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of (i) what is best for an agent to do in light of the actual circumstances in which she acts and (ii) what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to an agent who (...)
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  • Options and Diachronic Tragedy.Brian Hedden - 2013 - Philosophy and Phenomenological Research 90 (2):423-451.
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  • Order effects in moral judgment.Alex Wiegmann, Yasmina Okan & Jonas Nagel - 2012 - Philosophical Psychology 25 (6):813-836.
    Explaining moral intuitions is one of the hot topics of recent cognitive science. In the present article we focus on a factor that attracted surprisingly little attention so far, namely the temporal order in which moral scenarios are presented. We argue that previous research points to a systematic pattern of order effects that has been overlooked until now: only judgments of actions that are normally regarded as morally acceptable are susceptible to be affected by the order of presentation, and this (...)
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  • Reasonable Partiality Towards Compatriots.David Miller - 2005 - Ethical Theory and Moral Practice 8 (1-2):63-81.
    Ethical theories normally make room both for global duties to human beings everywhere and special duties to those we are attached to in some way. Such a split-level view requires us to specify the kind of attachment that can ground special duties, and to explain the comparative force of the two kinds of duties in cases of conflict. Special duties are generated within groups that are intrinsically valuable and not inherently unjust, where the duties can be shown to be integral (...)
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  • Nonconsequentialist decisions.Jonathan Baron - 1994 - Behavioral and Brain Sciences 17 (1):1-10. Translated by Jonathan Baron.
    According to a simple form of consequentialism, we should base decisions on our judgments about their consequences for achieving our goals. Our goals give us reason to endorse consequentialism as a standard of decision making. Alternative standards invariably lead to consequences that are less good in this sense. Yet some people knowingly follow decision rules that violate consequentialism. For example, they prefer harmful omissions to less harmful acts, they favor the status quo over alternatives they would otherwise judge to be (...)
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  • Killing by Autonomous Vehicles and the Legal Doctrine of Necessity.Filippo Santoni de Sio - 2017 - Ethical Theory and Moral Practice 20 (2):411-429.
    How should autonomous vehicles be programmed to behave in the event of an unavoidable accident in which the only choice open is one between causing different damages or losses to different objects or persons? This paper addresses this ethical question starting from the normative principles elaborated in the law to regulate difficult choices in other emergency scenarios. In particular, the paper offers a rational reconstruction of some major principles and norms embedded in the Anglo-American jurisprudence and case law on the (...)
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  • “We are all Different”: Statistical Discrimination and the Right to be Treated as an Individual.Kasper Lippert-Rasmussen - 2011 - The Journal of Ethics 15 (1):47-59.
    There are many objections to statistical discrimination in general and racial profiling in particular. One objection appeals to the idea that people have a right to be treated as individuals. Statistical discrimination violates this right because, presumably, it involves treating people simply on the basis of statistical facts about groups to which they belong while ignoring non-statistical evidence about them. While there is something to this objection—there are objectionable ways of treating others that seem aptly described as failing to treat (...)
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  • Are Thoughtful People More Utilitarian? CRT as a Unique Predictor of Moral Minimalism in the Dilemmatic Context.Edward B. Royzman, Justin F. Landy & Robert F. Leeman - 2015 - Cognitive Science 39 (2):325-352.
    Recent theorizing about the cognitive underpinnings of dilemmatic moral judgment has equated slow, deliberative thinking with the utilitarian disposition and fast, automatic thinking with the deontological disposition. However, evidence for the reflective utilitarian hypothesis—the hypothesized link between utilitarian judgment and individual differences in the capacity for rational reflection has been inconsistent and difficult to interpret in light of several design flaws. In two studies aimed at addressing some of the flaws, we found robust evidence for a reflective minimalist hypothesis—high CRT (...)
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  • An Experimental Investigation of Emotions and Reasoning in the Trolley Problem.Alessandro Lanteri, Chiara Chelini & Salvatore Rizzello - 2008 - Journal of Business Ethics 83 (4):789-804.
    Elaborating on the notions that humans possess different modalities of decision-making and that these are often influenced by moral considerations, we conducted an experimental investigation of the Trolley Problem. We presented the participants with two standard scenarios (‹lever’ and ‹stranger’) either in the usual or in reversed order. We observe that responses to the lever scenario, which result from (moral) reasoning, are affected by our manipulation; whereas responses to the stranger scenario, triggered by moral emotions, are unaffected. Furthermore, when asked (...)
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  • Risk.Sven Ove Hansson - 2008 - Stanford Encyclopedia of Philosophy.
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  • Some Question-Begging Objections to Rule Consequentialism.Caleb Perl - 2023 - Australasian Journal of Philosophy 101 (4):904-919.
    This paper defends views like rule consequentialism by distinguishing between two sorts of ideal world objections. It aims to show that one of those sorts of objections is question-begging. Its success would open up a path forward for such views.
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  • Solving the Ideal Worlds Problem.Caleb Perl - 2021 - Ethics 132 (1):89-126.
    I introduce a new formulation of rule consequentialism, defended as an improvement on traditional formulations. My new formulation cleanly avoids what Parfit calls “ideal world” objections. I suggest that those objections arise because traditional formulations incorporate counterfactual comparisons about how things could go differently. My new formulation eliminates those counterfactual comparisons. Part of the interest of the new formulation is as a model of how to reformulate structurally similar views, including various kinds of contractualism.
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  • Evidence Sensitivity in Weak Necessity Deontic Modals.Alex Silk - 2014 - Journal of Philosophical Logic 43 (4):691-723.
    Kolodny and MacFarlane have made a pioneering contribution to our understanding of how the interpretation of deontic modals can be sensitive to evidence and information. But integrating the discussion of information-sensitivity into the standard Kratzerian framework for modals suggests ways of capturing the relevant data without treating deontic modals as “informational modals” in their sense. I show that though one such way of capturing the data within the standard semantics fails, an alternative does not. Nevertheless I argue that we have (...)
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  • Is Deontology a Moral Confabulation?Emilian Mihailov - 2015 - Neuroethics 9 (1):1-13.
    Joshua Greene has put forward the bold empirical hypothesis that deontology is a confabulation of moral emotions. Deontological philosophy does not steam from "true" moral reasoning, but from emotional reactions, backed up by post hoc rationalizations which play no role in generating the initial moral beliefs. In this paper, I will argue against the confabulation hypothesis. First, I will highlight several points in Greene’s discussion of confabulation, and identify two possible models. Then, I will argue that the evidence does not (...)
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  • Living with uncertainty.Clayton Littlejohn - 2009 - Philosophical Books 50 (4):235-247.
    A review of Michael Zimmerman's wonderful book, _Living with Uncertainty_. Among other things, I argue that there might be something wrong with combining possibilism and perspectivism.
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  • Duty and Liability.Victor Tadros - 2012 - Utilitas 24 (2):259-277.
    In his recent book, Killing in War, Jeff McMahan sets out a number of conditions for a person to be liable to attack, provided the attack is used to avert an objectively unjust threat: (1) The threat, if realized, will wrongfully harm another; (2) the person is responsible for creating the threat; (3) killing the person is necessary to avert the threat, and (4) killing the person is a proportionate response to the threat. The present article focuses on McMahan's second (...)
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  • “Ought” Implies “Can” but Does Not Imply “Must”: An Asymmetry between Becoming Infeasible and Becoming Overridden.Peter Vranas - 2018 - Philosophical Review 127 (4):487-514.
    The claim that (OIC) “ought” implies “can” (i.e., you have an obligation only at times at which you can obey it) entails that (1) obligations that become infeasible are lost (i.e., you stop having an obligation when you become unable to obey it). Moreover, the claim that (2) obligations that become overridden are not always lost (i.e., sometimes you keep having an obligation when you acquire a stronger incompatible obligation) entails that (ONIM) “ought” does not imply “must” (i.e., some obligations (...)
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  • Pacifism and Educational Violence.Nicholas Parkin - 2023 - Journal of Peace Education 20 (1):75-94.
    Education systems are full of harmful violence of types often unrecognised or misunderstood by educators, education leaders, and bureaucrats. Educational violence harms a great number of innocent persons (those who, morally speaking, may not be justifiably harmed). Accordingly, this paper rejects educational violence used to achieve educational ends. It holds that educational violence is unjustified if the condition that innocent persons are harmed is satisfied, that this condition is satisfied in current educational practice (compulsory schooling), and that, therefore, the current (...)
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  • Moral dilemmas and moral principles: When emotion and cognition unite.Andrea Manfrinati, Lorella Lotto, Michela Sarlo, Daniela Palomba & Rino Rumiati - 2013 - Cognition and Emotion 27 (7):1276-1291.
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  • Moral conflict and the logic of rights.Robert Mullins - 2020 - Philosophical Studies 177 (3):633-651.
    The paper proposes a revised logic of rights in order to accommodate moral conflict. There are often said to be two rival philosophical accounts of rights with respect to moral conflict. Specificationists about rights insist that rights cannot conflict, since they reflect overall deontic conclusions. Generalists instead argue that rights reflect pro tanto constraints on behaviour. After offering an overview of the debate between generalists and specificationists with respect to rights, I outline the challenge of developing a logic of rights-reasoning (...)
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  • The social nature of engineering and its implications for risk taking.Allison Ross & Nafsika Athanassoulis - 2010 - Science and Engineering Ethics 16 (1):147-168.
    Making decisions with an, often significant, element of risk seems to be an integral part of many of the projects of the diverse profession of engineering. Whether it be decisions about the design of products, manufacturing processes, public works, or developing technological solutions to environmental, social and global problems, risk taking seems inherent to the profession. Despite this, little attention has been paid to the topic and specifically to how our understanding of engineering as a distinctive profession might affect how (...)
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  • Adventures in Moral Consistency: How to Develop an Abortion Ethic through an Animal Rights Framework.Cheryl E. Abbate - 2015 - Ethical Theory and Moral Practice 18 (1):145-164.
    In recent discussions, it has been argued that a theory of animal rights is at odds with a liberal abortion policy. In response, Francione (1995) argues that the principles used in the animal rights discourse do not have implications for the abortion debate. I challenge Francione’s conclusion by illustrating that his own framework of animal rights, supplemented by a relational account of moral obligation, can address the moral issue of abortion. I first demonstrate that Francione’s animal rights position, which grounds (...)
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  • Resources for Research on Analogy: A Multi-disciplinary Guide.Marcello Guarini, Amy Butchart, Paul Simard Smith & Andrei Moldovan - 2009 - Informal Logic 29 (2):84-197.
    Work on analogy has been done from a number of disciplinary perspectives throughout the history of Western thought. This work is a multidisciplinary guide to theorizing about analogy. It contains 1,406 references, primarily to journal articles and monographs, and primarily to English language material. classical through to contemporary sources are included. The work is classified into eight different sections (with a number of subsections). A brief introduction to each section is provided. Keywords and key expressions of importance to research on (...)
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  • Moral dilemmas in females: children are more utilitarian than adults.Monica Bucciarelli - 2015 - Frontiers in Psychology 6:149174.
    Influential theories on moral judgments propose that they rely either on emotions or on innate moral principles. In contrast, the mental model theory postulates that moral judgments rely on reasoning, either intuition or deliberation. The theory allows for the possibility that intuitions lead to utilitarian judgments. This paper reports two experiments involving fifth-grade children, adolescents, and adults; the results revealed that children reason intuitively to resolve moral dilemmas in which action and inaction lead to different outcomes. In particular, the results (...)
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  • Recent Work on the Ethics of Self-Defense.Tyler Doggett - 2011 - Philosophy Compass 6 (4):220-233.
    Over the past 20 years, there has been a huge amount of work on which things you can kill in self‐defense and why. This paper surveys that work.
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  • Privacy, Interests, and Inalienable Rights.Adam D. Moore - 2018 - Moral Philosophy and Politics 5 (2):327-355.
    Some rights are so important for human autonomy and well-being that many scholars insist they should not be waived, traded, or abandoned. Privacy is a recent addition to this list. At the other end of the spectrum is the belief that privacy is a mere unimportant interest or preference. This paper defends a middle path between viewing privacy as an inalienable, non-waivable, non-transferrable right and the view of privacy as a mere subjective interest. First, an account of privacy is offered (...)
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  • Rights Against High-Level Risk Impositions.Fei Song - 2019 - Ethical Theory and Moral Practice 22 (3):763-778.
    In this article, I argue for a distinct and novel right-based account of risks and I call it the Sophisticated High-risk Thesis. I argue that there is a distinction between rights-infringing risk impositions and no-rights-infringing risk impositions. An action imposing a high risk of harm infringes rights, whereas an act imposing a low risk of harm does not. I also suggest three principles that govern the permissibility of highly risky actions. If a highly risky action meets the conditions specified by (...)
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  • A moral analysis of educational harm and student resistance.Nicholas Parkin - 2024 - Journal of Philosophy of Education 58 (1):41-57.
    This paper elucidates the rights violations caused by mass formal schooling systems and explores what students may do about them. Students have rights not to be harmed and rights to liberty (not to be oppressed), as well as attendant rights to (proportionately) defend their rights if necessary. For some time now, education has been dominated by mass formal schooling systems that harm and oppress many students. Such harm and oppression violate those students’ rights not to be harmed or oppressed, which (...)
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  • Moral particularism and transduction.Gilbert Harman - 2005 - Philosophical Issues 15 (1):44–55.
    Can someone be reasonable or justified in accepting a specific moral judgment not based on the prior acceptance of a general exceptioness moral principle, where acceptance of a general principle might be tacit or implicit and might not be expressible in language? This issue is an instance of a wider issue about direct or transductive inference. Developments in statistical learning theory show that such an inference can be more effective than alternative methods using inductive generalization and so can be reasonable. (...)
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  • Future law: Prepunishment and the causal theory of verdicts.Roy Sorensen - 2006 - Noûs 40 (1):166–183.
    The poster boy for my paper is the King's Messenger in Lewis Carroll's Through the Looking Glass. Recall that since the White Queen lives backwards, her memory works forwards. She pities Alice who can only remember things after they happen. Alice asks which things the Queen remembers best: `Oh, things that happened the week after next,' the Queen replied in a careless tone. `For instance, . . . there's the King's Messenger. He's in prison now, being punished: and the trial (...)
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  • Risk, Rights, and Restitution.M. J. Zimmerman - 2006 - Philosophical Studies 128 (2):285-311.
    In “Imposing Risks,” Judith Thomson gives a case in which, by turning on her stove, she accidentally causes her neighbor’s death. She claims that both the following are true: (1) she ought not to have caused her neighbor’s death; (2) it was permissible for her to turn her stove on. In this paper it is argued that it cannot be that both (1) and (2) are true, that (2) is true, and that therefore (1) is false. How this is so (...)
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  • Right to be Punished?Adriana Placani & Stearns Broadhead - 2020 - European Journal of Analytic Philosophy 16 (1):53-74.
    It appears at least intuitively appropriate to claim that we owe it to victims to punish those who have wronged them. It also seems plausible to state that we owe it to society to punish those who have violated its norms. However, do we also owe punishment to perpetrators themselves? In other words, do those who commit crimes have a moral right to be punished? This work examines the sustainability of the right to be punished from the standpoint of the (...)
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  • Psihologia morala si natura judecarii morale. O examinare critica a modelului social intuitionist.Emilian Mihailov - 2015 - In Bogdan Olaru & Andrei Holman (eds.), Contributii la psihologia morala: evaluari ale rezultatelor si noi cercetari empirice. Bucuresti, Romania: Pro Universitaria. pp. 61-74.
    În acest studiu, îmi propun să arăt că modelul social intuiţionist al judecăţii morale propus de Haidt este la rândul său prea restrictiv faţă de influenţa raţionării morale, poate tot aşa cum modelul raţionalist subestima influenţa emoţiilor morale. Mai întâi, voi prezenta modelul raţionalist despre natura judecăţii morale şi voi evidenţia rezultatele empirice care au contribuit la erodarea sa. Apoi, voi prezenta şi critica modelul social intuiţionist revigorat de revoluţia „afectivă” din psihologia morală, argumentând că rezultatele din psihologia experimentală, neuroştiinţă (...)
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  • Squaring the circle: Teaching philosophical ethics in the military.J. Joseph Miller - 2004 - Journal of Military Ethics 3 (3):199-215.
    On 12 May 1962, a frail Douglas MacArthur delivered his final public speech to the cadets at the United States Military Academy. A West Point graduate himself, MacArthur served as Superintendent of...
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  • Scopes, Options, and Horizons – Key Issues in Decision Structuring.Sven Ove Hansson - 2018 - Ethical Theory and Moral Practice 21 (2):259-273.
    Real-life decision-making often begins with a disorderly decision problem that has to be clarified and systematized before a decision can be made. This is the process of decision structuring that has largely been ignored both in decision theory and applied decision analysis. In this contribution, ten major components of decision structuring are identified, namely the determination of its scope, subdivision, agency, timing, options, control ascriptions, framing, horizon, criteria and restructuring. Four of these components, namely the scope, subdivision, options, and horizon (...)
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  • Rights theory.George W. Rainbolt - 2006 - Philosophy Compass 1 (1):11–21.
    Both moral and legal theory feature prominent talk about rights. Yet there is very little agreement about what rights are, about why we use rights in our moral or legal theories, or about what to do when there is a conflict between rights. This article surveys many of the popular theory for analysing rights and explaining their scope.
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  • Inappropriate judgements: Slips, mistakes or violations?Peter Ayton & Nigel Harvey - 1994 - Behavioral and Brain Sciences 17 (1):12-12.
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  • Normative, descriptive and prescriptive responses.Jonathan Baron - 1994 - Behavioral and Brain Sciences 17 (1):32-42.
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  • Responsibility and Self-Defense: Can We Have It All?Adam Hosein - 2017 - Res Publica 23 (3):367-385.
    The role of responsibility in our common-sense morality of self-defense is complex. According to common-sense morality, one can sometimes use substantial, even deadly, force against people who are only minimally responsible for posing a threat to us. The role of responsibility in self-defense is thus limited. However, responsibility is still sometimes relevant. It sometime affects how much force you can use against a threatener: less if they are less responsible and more if they are more responsible. Is there a well-motivated (...)
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  • The Morality of Resisting Oppression.Rebecca Hannah Smith - 2020 - Feminist Philosophy Quarterly 6 (4).
    This paper reconsiders the contemporary moral reading of women’s oppression, and revises our understanding of the practical reasons for action a victim of mistreatment acquires through her unjust circumstances. The paper surveys various ways of theorising victims’ moral duties to resist their own oppression, and considers objections to prior academic work arguing for the existence of an imperfect Kantian duty of resistance to oppression grounded in self-respect. These objections suggest that such a duty is victim blaming; that it distorts the (...)
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  • Thinking in a Non-native Language: A New Nudge?Steven McFarlane, Heather Cipolletti Perez & Christine Weissglass - 2020 - Frontiers in Psychology 11.
    The majority of research on how learning a second language (L2) has focused on the personal benefits of being bilingual or multilingual. In this paper, we focus on the potential positive effect of actively thinking in L2. Our approach is inspired by recent experimental research suggesting that actively thinking in an L2 leads to improved reasoning and decision-making, which is known as the foreign-language effect (FLE). We examine the possibility that one could selectively engage in L2 thinking in order to (...)
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  • Latent Fairness in Adults’ Relationship-Based Moral Judgments.Jian Hao, Yanchun Liu & Jiafeng Li - 2015 - Frontiers in Psychology 6.
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  • Rights, compensation, and culpability.Michael Zimmerman - 1994 - Law and Philosophy 13 (4):419 - 450.
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  • Should More Be Saved? Diversity in Utilitarian Moral Judgment.Corinna Michelin, Sandra Pellizzoni, Michael Siegal & Maria Tallandini - 2010 - Journal of Cognition and Culture 10 (1-2):153-169.
    In three experiments involving 104 children and 86 adults we investigated the extent to which harm brought about by physical contact is judged to be worse than harm caused by impersonal, no-contact actions. In Experiment 1, Italian monolingual children aged 4 to 6 were asked to indicate whether they would prioritize saving five persons through contact over saving three persons without contact with both courses of action involving harm to a single victim. A preference for saving more persons did not (...)
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