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The Realm of Rights

Law and Philosophy 11 (4):449-455 (1990)

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  1. Two Concepts of Directed Obligation.Brendan de Kenessey - 2024 - Philosophy and Phenomenological Research:1-26.
    This paper argues that there are two importantly distinct normative relations that can be referred to using phrases like ‘X is obligated to Y,’ ‘Y has a right against X,’ or ‘X wronged Y.’ When we say that I am obligated to you not to read your diary, one thing we might mean is that I am subject to a deontological constraint against reading your diary that gives me a non‐instrumental, agent‐relative reason not to do so, and which you are (...)
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  • An Instrumentalist Theory of Political Legitimacy.Matthias Brinkmann - 2024 - Oxford: Oxford University Press.
    What justifies political power? Most philosophers argue that consent or democracy are important, in other words, it matters how power is exercised. But this book argues that outcomes primarily matter to justifying power.
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  • A Liberal Theory of Commodification.Carl David Mildenberger - 2024 - Kriterion – Journal of Philosophy 38 (1-2):1-19.
    Judging on the basis of standard accounts of commodification, one might reasonably suggest that liberalism intrinsically lacks an adequate theory of commodification. Liberalism, with its commitment to individual choice and to neutrality as regards competing evaluation practices, seems conceptually incapable of identifying or abolishing many significant forms of commodification. This essay aims to refute this claim. It employs a strategy of appealing to the harm principle as grounds for a liberal anti-commodification theory. I claim that we are harmed when we (...)
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  • Taking Responsibility.Paulina Sliwa - 2023 - In Ruth Chang & Amia Srinivasan (eds.), Conversations in Philosophy, Law, and Politics. New York, USA: Oxford University Press.
    What is it to take responsibility for a moral failure? This chapter investigates taking responsibility for wrongdoing. It starts by considering a prominent view in the literature: that to take responsibility for a wrong is to blame oneself for it. Contrary to the self-blame account, it is argued that taking responsibility and self-blame can come apart in various ways. Instead, the normative footprint account is defended. It is suggested that wrongdoing changes the normative landscape in systematic ways: it can create (...)
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  • Rethinking moral claim rights.Laura Valentini - 2023 - Journal of Political Philosophy 31 (4):433-451.
    Journal of Political Philosophy, EarlyView.
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  • The Mental States First Theory of Promising.Alida Liberman - forthcoming - Dialectica.
    Most theories of promising are insufficiently broad, for they ground promissory obligation in some external or contingent feature of the promise. In this paper, I introduce a new kind of theory. The Mental States First (MSF) theory grounds promissory obligation in something internal and essential: the mental state expressed by promising, or the state that promisors purport to be in. My defense of MSF relies on three claims. First, promising to Φ expresses that you have resolved to Φ. Second, resolving (...)
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  • Pro Tanto Rights and the Duty to Save the Greater Number.Benjamin Kiesewetter - 2023 - Oxford Studies in Normative Ethics 13:190-214.
    This paper has two aims. The first is to present and defend a new argument for rights contributionism – the view that the notion of a moral claim-right is a contributory (or pro tanto) rather than overall normative notion. The argument is an inference to the best explanation: it is argued that (i) there are contributory moral factors that contrast with standard moral reasons by way of having a number of formal properties that are characteristic of rights, even though they (...)
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  • Bargaining for the disappeared? Rewarding perpetrators in transitional justice contexts.Juan Espindola - 2021 - Journal of Social Philosophy 53 (2):273-288.
    Journal of Social Philosophy, Volume 53, Issue 2, Page 273-288, Summer 2022.
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  • 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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  • Promises, obligation, and reliance.Alexander Heape - 2020 - Philosophy and Phenomenological Research 104 (1):150-170.
    Philosophy and Phenomenological Research, Volume 104, Issue 1, Page 150-170, January 2022.
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  • Pricean reflection.John Bengson, Terence Cuneo & Russ Shafer-Landau - 2022 - British Journal for the History of Philosophy 31 (4):744-761.
    We offer a reconstruction of Richard Price’s intuition-based epistemology of normative essences, highlighting its key elements and showing how it differs from the approaches taken by other intuitionists such as Thomas Reid and G. E. Moore, as well as sentimentalists such as Francis Hutcheson and David Hume. While our analysis aims to shed light on Price’s moral epistemology, it also seeks to contribute to contemporary debates about the epistemology of essence, advancing a general intuition-based theory. These two goals are related, (...)
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  • Collective Reasons and Agent-Relativity.Alexander Dietz - 2022 - Utilitas 34 (1):57-69.
    Could it be true that even though we as a group ought to do something, you as an individual ought not to do your part? And under what conditions, in particular, could this happen? In this article, I discuss how a certain kind of case, introduced by David Copp, illustrates the possibility that you ought not to do your part even when you would be playing a crucial causal role in the group action. This is because you may have special (...)
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  • Excuse without Exculpation: The Case of Moral Ignorance.Paulina Sliwa - 2010 - In Russ Shafer-Landau (ed.), Oxford Studies in Metaethics. Oxford: Oxford University Press. pp. 72-95.
    Can moral ignorance excuse? This chapter argues that philosophical debate of this question has been based on a mistaken assumption: namely that excuses are all-or-nothing affairs; to have an excuse is to be blameless. The chapter argues that we should reject this assumption. Excuses are not binary but gradable: they can be weaker or stronger, mitigating blame to greater or lesser extent. This chapter explores the notions of strength of excuses, blame miti- gation and the relationship between excuses and moral (...)
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  • Promises as Proposals in Joint Practical Deliberation.Brendan Kenessey - 2020 - Noûs 54 (1):204-232.
    This paper argues that promises are proposals in joint practical deliberation, the activity of deciding together what to do. More precisely: to promise to ϕ is to propose (in a particular way) to decide together with your addressee(s) that you will ϕ. I defend this deliberative theory by showing that the activity of joint practical deliberation naturally gives rise to a speech act with exactly the same properties as promises. A certain kind of proposal to make a joint decision regarding (...)
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  • Libertarianism, Climate Change, and Individual Responsibility.Olle Torpman - 2021 - Res Publica 28 (1):125-148.
    Much has been written about climate change from an ethical view in general, but less has been written about it from a libertarian point of view in particular. In this paper, I apply the libertarian moral theory to the problem of climate change. I focus on libertarianism’s implications for our individual emissions. I argue that even if our individual emissions cause no harm to others, these emissions cross other people’s boundaries, although the boundary-crossings that are due to our ‘subsistence emissions’ (...)
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  • Respect for Persons.Joseph Millum & Danielle Bromwich - 2020 - The Oxford Handbook of Research Ethics.
    This chapter explores the foundation and content of the duty to respect persons. The authors argue that it is best understood as a duty to recognize people’s rights. Respect for persons therefore has specific implications for how competent and non-competent persons ought to be treated in research. For competent persons it underlies the obligation to obtain consent to many research procedures. The chapter gives an analysis of the requirements for obtaining valid consent. It then considers respect for persons as it (...)
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  • The deep error of political libertarianism: self-ownership, choice, and what’s really valuable in life.Dan Lowe - 2020 - Critical Review of International Social and Political Philosophy 23 (6):683-705.
    Contemporary versions of natural rights libertarianism trace their locus classicus to Robert Nozick’s Anarchy, State, and Utopia. But although there have been many criticisms of the version of political libertarianism put forward by Nozick, many of these fail objections to meet basic methodological desiderata. Thus, Nozick’s libertarianism deserves to be re-examined. In this paper I develop a new argument which meets these desiderata. Specifically, I argue that the libertarian conception of self-ownership, the view’s foundation, implies what I call the Asymmetrical (...)
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  • Incoherent Abortion Exceptions.M. Scarfone - 2020 - Journal of Social Philosophy 53 (1):127-140.
    There has recently been an expansion of anti-abortion measures in the United States. Within these various measures there is a divide over certain exceptions: some States permit abortion for pregnancies caused by rape while other States do not. This paper explores the underlying moral justification for such exceptions. I argue that within the dominant moral framework for reproductive ethics these exceptions are incoherent by their own lights. But this is not a defense of an exceptionless anti-abortion position. Rather, because the (...)
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  • Knowledge of Objective 'Oughts': Monotonicity and the New Miners Puzzle.Daniel Muñoz & Jack Spencer - 2021 - Philosophy and Phenomenological Research 103 (1):77-91.
    In the classic Miners case, an agent subjectively ought to do what they know is objectively wrong. This case shows that the subjective and objective ‘oughts’ are somewhat independent. But there remains a powerful intuition that the guidance of objective ‘oughts’ is more authoritative—so long as we know what they tell us. We argue that this intuition must be given up in light of a monotonicity principle, which undercuts the rationale for saying that objective ‘oughts’ are an authoritative guide for (...)
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  • Enforcing social norms: The morality of public shaming.Paul Billingham & Tom Parr - 2020 - European Journal of Philosophy 28 (4):997-1016.
    Public shaming plays an important role in upholding valuable social norms. But, under what conditions, if any, is it morally justifiable? Our aim in this paper is systemically to investigate the morality of public shaming, so as to provide an answer to this neglected question. We develop an overarching framework for assessing the justifiability of this practice, which shows that, while shaming can sometimes be morally justifiable, it very often is not. In turn, our framework highlights several reasons to be (...)
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  • Animal Rights and the Duty to Harm: When to be a Harm Causing Deontologist.C. E. Abbate - 2020 - Journal for Ethics and Moral Philosophy 3 (1):5-26.
    An adequate theory of rights ought to forbid the harming of animals (human or nonhuman) to promote trivial interests of humans, as is often done in the animal-user industries. But what should the rights view say about situations in which harming some animals is necessary to prevent intolerable injustices to other animals? I develop an account of respectful treatment on which, under certain conditions, it’s justified to intentionally harm some individuals to prevent serious harm to others. This can be compatible (...)
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  • From rights to prerogatives.Daniel Muñoz - 2020 - Philosophy and Phenomenological Research 102 (3):608-623.
    Deontologists believe in two key exceptions to the duty to promote the good: restrictions forbid us from harming others, and prerogatives permit us not to harm ourselves. How are restrictions and prerogatives related? A promising answer is that they share a source in rights. I argue that prerogatives cannot be grounded in familiar kinds of rights, only in something much stranger: waivable rights against oneself.
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  • Egalitarian Provision of Necessary Medical Treatment.Robert C. Hughes - 2020 - The Journal of Ethics 24 (1):55-78.
    Considerations of autonomy and independence, properly understood, support strictly egalitarian provision of necessary medical treatment. If the financially better-off can purchase access to necessary medical treatments that the financially less well-off cannot purchase without help, then their discretionary power to give or to withhold monetary gifts indirectly gives them the power to make life-and-death or sickness-and-health decisions for others. To prevent private citizens from having this objectionable form of power, government must ensure that citizens’ finances do not affect their access (...)
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  • The Paradox of Duties to Oneself.Daniel Muñoz - 2020 - Australasian Journal of Philosophy 98 (4):691-702.
    Philosophers have long argued that duties to oneself are paradoxical, as they seem to entail an incoherent power to release oneself from obligations. I argue that self-release is possible, both as a matter of deontic logic and of metaethics.
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  • One Desire Too Many.Nathan Robert Howard - 2021 - Philosophy and Phenomenological Research 102 (2):302-317.
    I defend the widely-held view that morally worthy action need not be motivated by a desire to promote rightness as such. Some have recently come to reject this view, arguing that desires for rightness as such are necessary for avoiding a certain kind of luck thought incompatible with morally worthy action. I show that those who defend desires for rightness as such on the basis of this argument misunderstand the relationship between moral worth and the kind of luck that their (...)
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  • Bipolar Obligations, Recognition Respect, and Second-Personal Morality.Jonas Vandieken - 2019 - The Journal of Ethics 23 (3):291-315.
    Any complete theory of “what we owe to each other” must be able to adequately accommodate directed or bipolar obligations, that is, those obligations that are owed to a particular individual and in virtue of which another individual stands to be wronged. Bipolar obligations receive their moral importance from their intimate connection to a particular form of recognition respect that we owe to each other: respect of another as a source of valid claims to whom in particular we owe certain (...)
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  • What We Owe to Ourselves: Essays on Rights and Supererogation.Daniel Muñoz - 2019 - Dissertation, MIT
    Some sacrifices—like giving a kidney or heroically dashing into a burning building—are supererogatory: they are good deeds beyond the call of duty. But if such deeds are really so good, philosophers ask, why shouldn’t morality just require them? The standard answer is that morality recognizes a special role for the pursuit of self-interest, so that everyone may treat themselves as if they were uniquely important. This idea, however, cannot be reconciled with the compelling picture of morality as impartial—the view that (...)
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  • Revolution and Intervention.Massimo Renzo - 2020 - Noûs 54 (1):533–253.
    Provided that traditional jus ad bellum principles are fulfilled, military humanitarian intervention to stop large scale violations of human rights (such as genocide, crimes against humanity or war crimes) is widely regarded as morally permissible. In cases of “supreme humanitarian emergency”, not only are the victims morally permitted to rebel, but other states are also permitted to militarily intervene. Things are different if the human rights violations in question fall short of supreme humanitarian emergency. Because of the importance of respecting (...)
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  • All Reasons Are Moral.Daniel Muñoz - manuscript
    Morality doesn't always require our best. Prudent acts and heroic sacrifices are optional, not obligatory. To explain this, some philosophers claim that reasons of self-interest must have a special "non-moral" significance. A better explanation, I argue, is that we have prerogatives based in rights.
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  • Contractualism for Us As We Are.Nicholas Southwood - 2018 - Philosophy and Phenomenological Research 99 (3):529-547.
    A difficult problem for contractualists is how to provide an interpretation of the contractual situation that is both subject to appropriately stringent constraints and yet also appropriately sensitive to certain features of us as we actually are. My suggestion is that we should embrace a model of contractualism that is structurally analogous to the “advice model” of the ideal observer theory famously proposed by Michael Smith (1994; 1995). An advice model of contractualism is appealing since it promises to deliver a (...)
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  • Contractualism and the Counter-Culture Challenge.Jussi Suikkanen - 2017 - Oxford Studies in Normative Ethics 7:184-206.
    T. M. Scanlon’s contractualism attempts to give an account of right and wrong in terms of the moral code that could not be reasonably rejected. Reasonable rejectability is then a function of what kind of consequences the general adoption of different moral codes has for different individuals. It has been shown that moral codes should be compared at a lower than 100% level of social acceptance. This leads to the counter-culture challenge. The problem is that the cultural background of the (...)
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  • The Nature and Explanatory Ambitions of Metaethics.Tristram McPherson & David Plunkett - 2017 - In Tristram Colin McPherson & David Plunkett (eds.), The Routledge Handbook of Metaethics. New York: Routledge. pp. 1-28.
    This volume introduces a wide range of important views, questions, and controversies in and about contemporary metaethics. It is natural to ask: What, if anything, connects this extraordinary range of discussions? This introductory chapter aims to answer this question by giving an account of metaethics that shows it to be a unified theoretical activ- ity. According to this account, metaethics is a theoretical activity characterized by an explanatory goal. This goal is to explain how actual ethical thought and talk—and what (...)
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  • The Unity of Grounding.Selim Berker - 2018 - Mind 127 (507):729-777.
    I argue—contra moderate grounding pluralists such as Kit Fine and more extreme grounding pluralists such as Jessica Wilson—that there is fundamentally only one grounding/in-virtue-of relation. I also argue that this single relation is indispensable for normative theorizing—that we can’t make sense of, for example, the debate over consequentialism without it. It follows from what I argue that there is no metaethically-pure normative ethics.
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  • What Kind of Perspectivism?Benjamin Kiesewetter - 2018 - Journal of Moral Philosophy 15 (4):415-443.
    According to perspectivism about moral obligation, our obligations are affected by our epistemic circumstances. But how exactly should this claim be understood? On Zimmerman’s “Prospective View”, perspectivism is spelled out as the thesis that an option is obligatory if and only if it maximizes what Zimmerman calls “prospective value”, which is in turn determined by the agent’s present evidence. In this article, I raise two objections to this approach. Firstly, I argue that spelling out the difference between perspectivism and anti-perspectivism (...)
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  • The Special Moral Obligations of Law Enforcement.Jake Monaghan - 2017 - Journal of Political Philosophy 25 (2):218-237.
    Recent controversial cases of killings by police have generated competing Black Lives Matter and Blue Lives Matter movements. Blue Lives Matter proponents claim that the focus on and protests in light of police killings of unarmed black persons is unwarranted. Part of this dispute turns on the moral evaluation of the killing of citizens by law enforcement. To address the dispute, I develop an account of the special moral obligations of law enforcement and show how it can be applied. I (...)
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  • Promising ‐ Part 2. [REVIEW]Ulrike Heuer - 2012 - Philosophy Compass 7 (12):842-851.
    The explanation of promising is fraught with problems. In particular the problem that promises can be valid even when nothing good comes of keeping the promise (the problem of ‘bare wrongings’), and the bootstrapping problem with explaining how the mere intention to put oneself under an obligation can create such an obligation have been recognized since Hume’s famous discussion of the topic. In part 1, I showed that two main views of promising which attempt to solve these problems fall short (...)
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  • Property, Rights, and Freedom.Gerald F. Gaus - 1994 - Social Philosophy and Policy 11 (2):209-240.
    William Perm summarized theMagna Cartathus: “First, It assertsEnglishmento be free; that's Liberty. Secondly, they that have free-holds, that's Property.” Since at least the seventeenth century, liberals have not only understood liberty and property to be fundamental, but to be somehow intimately related or interwoven. Here, however, consensus ends; liberals present an array of competing accounts of the relation between liberty and property. Many, for instance, defend an essentially instrumental view, typically seeing private property as justified because it is necessary to (...)
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  • Killing Innocent People.Tyler Doggett - 2017 - Noûs 52 (3):645-666.
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  • I, me, mine: body-ownership and the generation problem.Fiona Woollard - 2017 - Pacific Philosophical Quarterly 98 (98):87-108.
    The Body Ownership Thesis states that each person owns her body. I address a prominent objection, the Generation Problem: the Body Ownership Thesis apparently implies that parents own their children: as we own the fruit of our property, if a parent owns her own body, she must own her child and her child’s body. I argue that a person does not own the fruit of her property when that fruit is a person or the body of a person. Persons have (...)
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  • Intention, Expectation, and Promissory Obligation.Abraham Sesshu Roth - 2016 - Ethics 127 (1):88-115.
    Accepting a promise is normatively significant in that it helps to secure promissory obligation. But what is it for B to accept A’s promise to φ? It is in part for B to intend A’s φ-ing. Thinking of acceptance in this way allows us to appeal to the distinctive role of intentions in practical reasoning and action to better understand the agency exercised by the promisee. The proposal also accounts for rational constraints on acceptance, and the so-called directedness of promissory (...)
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  • I, Me, Mine: Body-Ownership and the Generation Problem.Fiona Woollard - 2016 - Pacific Philosophical Quarterly 98 (98):87-108.
    The Body Ownership Thesis states that each person owns her body. I address a prominent objection, the Generation Problem: the Body Ownership Thesis apparently implies that parents own their children: as we own the fruit of our property, if a parent owns her own body, she must own her child and her child's body. I argue that a person does not own the fruit of her property when that fruit is a person or the body of a person. Persons have (...)
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  • Confucian Ethics and Labor Rights.Tae Wan Kim - 2014 - Business Ethics Quarterly 24 (4):565-594.
    ABSTRACT:In this article I inquire into Confucian ethics from a non-ideal stance investigating the complex interaction between Confucian ideals and the reality of the modern workplace. I contend that even Confucian workers who regularly engage in social rites at the workplace have an internal, Confucian reason to appreciate the value of rights at the workplace. I explain, from a Confucian non-ideal perspective, why I disagree with the presumptuous idea that labor (or workplace) rights are necessarily incompatible with Confucian ideals and (...)
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  • What You’re Rationally Required to Do and What You Ought to Do.Errol Lord - 2017 - Mind 126 (504):1109-1154.
    It is a truism that we ought to be rational. Despite this, it has become popular to think that it is not the case that we ought to be rational. In this paper I argue for a view about rationality—the view that what one is rationally required to do is determined by the normative reasons one possesses—by showing that it can vindicate that one ought to be rational. I do this by showing that it is independently very plausible that what (...)
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  • How reasons are sensitive to available evidence.Benjamin Kiesewetter - 2018 - In Conor McHugh, Jonathan Way & Daniel Whiting (eds.), Normativity: Epistemic and Practical. Oxford, United Kingdom: Oxford University Press. pp. 90-114.
    In this paper, I develop a theory of how claims about an agent’s normative reasons are sensitive to the epistemic circumstances of this agent, which preserves the plausible ideas that reasons are facts and that reasons can be discovered in deliberation and disclosed in advice. I argue that a plausible theory of this kind must take into account the difference between synchronic and diachronic reasons, i.e. reasons for acting immediately and reasons for acting at some later point in time. I (...)
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  • Punishment and Forgiveness.Justin Tosi & Brandon Warmke - 2016 - In Jonathan Jacobs & Jonathan Jackson (eds.), The Routledge Handbook of Criminal Justice Ethics. Routledge. pp. 203-216.
    In this paper we explore the relationship between forgiving and punishment. We set out a number of arguments for the claim that if one forgives a wrongdoer, one should not punish her. We then argue that none of these arguments is persuasive. We conclude by reflecting on the possibility of institutional forgiveness in the criminal justice setting and on the differences between forgiveness and acts of mercy.
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  • Virtue Ethics and the Interests of Others.Mark Lebar - 1999 - Dissertation, The University of Arizona
    In recent decades "virtue ethics" has become an accepted theoretical structure for thinking about normative ethical principles. However, few contemporary virtue ethicists endorse the commitments of the first virtue theorists---the ancient Greeks, who developed their virtue theories within a commitment to eudaimonism. Why? I believe the objections of modern theorists boil down to concerns that eudaimonist theories cannot properly account for two prominent moral requirements on our treatment of others. ;First, we think that the interests and welfare of at least (...)
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  • Sidgwick's Axioms and Consequentialism.Robert Shaver - 2014 - Philosophical Review 123 (2):173-204.
    Sidgwick gives various tests for highest certainty. When he applies these tests to commonsense morality, he finds nothing of highest certainty. In contrast, when he applies these tests to his own axioms, he finds these axioms to have highest certainty. The axioms culminate in Benevolence: “Each one is morally bound to regard the good of any other individual as much as his own, except in so far as he judges it to be less, when impartially viewed, or less certainly knowable (...)
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  • Pro-tanto Obligations and Ceteris-paribus Rules.Danny Frederick - 2015 - Journal of Moral Philosophy 12 (3):255-266.
    I summarize a conception of morality as containing a set of rules which hold ceteris paribus and which impose pro-tanto obligations. I explain two ways in which moral rules are ceteris-paribus, according to whether an exception is duty-voiding or duty-overriding. I defend the claim that moral rules are ceteris-paribus against two qualms suggested by Luke Robinson’s discussion of moral rules and against the worry that such rules are uninformative. I show that Robinson’s argument that moral rules cannot ground pro-tanto obligations (...)
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  • 'Ought' and Ability.P. A. Graham & Peter Graham - 2011 - Philosophical Review 120 (3):337-382.
    A principle that many have found attractive is one that goes by the name “'Ought' Implies 'Can'.” According to this principle, one morally ought to do something only if one can do it. This essay has two goals: to show that the principle is false and to undermine the motivations that have been offered for it. Toward the end, a proposal about moral obligation according to which something like a restricted version of 'Ought' Implies 'Can' is true is floated. Though (...)
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  • Defence of Cultural Relativism.Seungbae Park - 2011 - Cultura 8 (1):159-170.
    I attempt to rebut the following standard objections against cultural relativism: 1. It is self-defeating for a cultural relativist to take the principle of tolerance as absolute; 2. There are universal moral rules, contrary to what cultural relativism claims; 3. If cultural relativism were true, Hitler’s genocidal actions would be right, social reformers would be wrong to go against their own culture, moral progress would be impossible, and an atrocious crime could be made moral by forming a culture which approves (...)
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