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  1. Rights reclamation.William L. Bell - 2024 - Philosophical Studies 181 (4):835-858.
    According to a rights forfeiture theory of punishment, liability to punishment hinges upon the notion that criminals forfeit their rights against hard treatment. In this paper, I assume the success of rights forfeiture theory in establishing the permissibility of punishment but aim to develop the view by considering how forfeited rights might be reclaimed. Built into the very notion of proportionate punishment is the idea that forfeited rights can be recovered. The interesting question is whether punishment is the sole means (...)
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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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  • The entrepreneurial theory of ownership.Sergei Sazonov - forthcoming - Economics and Philosophy:1-19.
    This paper introduces a theory of ownership that is rooted in Israel Kirzner’s theory of entrepreneurship – The Entrepreneurial Theory of Ownership. Its central idea is that natural resources are not available to us automatically as other approaches to justice implicitly assume. Before we can use a resource, we need to do preparatory work in the form of making an entrepreneurial judgement on it. This fact, as I argue, makes it possible to put private ownership as a natural right on (...)
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  • The many ‘oughts’ of deliberation.John Pittard - 2023 - Philosophical Studies 180 (9):2617-2637.
    It is commonly recognized that ‘ought’ is a semantically flexible word admitting of more “objective” and more “subjective” senses. Which of these senses (if any) is the one that is of central concern in normative ethics? According to some philosophers, the sense ‘ought’ that is centrally at issue in normative ethics is the sense of ‘ought’ that features in the various ‘ought’ questions that rational subjects aim to answer when deliberating about what to do. An assumption of this proposal is (...)
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  • Against the Evidence-Relative View of Liability to Defensive Harm.Eduardo Rivera-López & Luciano Venezia - 2024 - Criminal Law and Philosophy 18 (1):45-60.
    According to the evidence-relative view of liability to defensive harm, a person is so liable if and only if she acts in a way that provides sufficient evidence to justify a (putative) victim’s belief that the person poses a threat of unjust harm, which may or may not be the case. Bas van der Vossen defends this position by analyzing, in relation to a version of Frank Jackson’s famous drug example, a case in which a putative murderer is killed by (...)
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  • Negligence.Kenneth W. Simons - 1999 - Social Philosophy and Policy 16 (2):52-93.
    Faced with the choice between creating a risk of harm and taking a precaution against that risk, should I take the precaution? Does the proper analysis of this trade-off require a maximizing, utilitarian approach? If not, how does one properly analyze the trade-off?These questions are important, for we often are uncertain about the effects of our actions. Accordingly, we often must consider whether our actions create an unreasonable risk of injury — that is, whether our actions are negligent.
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  • Moral rights without balancing.Ariel Zylberman - 2021 - Philosophical Studies 179 (2):549-569.
    How should we think about apparent conflicts of moral rights? I defend a non-balancing and holistic specification model: non-balancing because moral rights have absolute deontic stringency regardless of any balance of independent values; holistic because the content of moral rights is limited only by that of other moral rights. Holistic Specification, as I call the model, offers a principled, non-consequentialist explanation of exceptions to moral rights. Moreover, Holistic Specification explains why moral rights matter to practical thought while rendering remedial duties (...)
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  • What Makes Personal Data Processing by Social Networking Services Permissible?Lichelle Wolmarans & Alex Voorhoeve - 2022 - Canadian Journal of Philosophy 52 (1):93-108.
    Social Networking Services provide services in return for rights to commercialize users’ personal data. We argue that what makes this transaction permissible is not users’ autonomous consent but the provision of sufficiently valuable opportunities to exchange data for services. We argue that the value of these opportunities should be assessed for both (a) a range of users with different decision-making abilities and (b) third parties. We conclude that regulation should shift from aiming to ensure autonomous consent towards ensuring that users (...)
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  • In Defense of Vaccine Mandates: An Argument from Consent Rights.Daniel A. Wilkenfeld & Christa M. Johnson - 2022 - Public Health Ethics 15 (1):27-40.
    This article will focus on the ethical issues of vaccine mandates and stake claim to the relatively extreme position that outright requirements for people to receive the vaccine are ethically correct at both the governmental and institutional levels. One novel strategy employed here will be to argue that deontological considerations pertaining to consent rights cut as much in favor of mandating vaccines as against them. The presumption seems to be that arguments from consent speak semi-definitively against forcing people to inject (...)
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  • Beyond Acts and Omissions — Distinguishing Positive and Negative Duties at the European Court of Human Rights.Johan Vorland Wibye - 2022 - Human Rights Review 23 (4):479-502.
    The article examines methods of distinguishing positive and negative duties within the provisions of the European Convention of Human Rights as applied by the European Court of Human Rights. It highlights problems with tying positive duties to acts and negative duties to omissions, and sets out a supplemental delineation method when those problems lead to systematic classification errors: duties sort as positive if they have the capacity for multiple fulfilment options and negative if they only allow one fulfilment option. These (...)
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  • A puzzle about enkratic reasoning.Jonathan Way - 2020 - Philosophical Studies 178 (10):3177-3196.
    Enkratic reasoning—reasoning from believing that you ought to do something to an intention to do that thing—seems good. But there is a puzzle about how it could be. Good reasoning preserves correctness, other things equal. But enkratic reasoning does not preserve correctness. This is because what you ought to do depends on your epistemic position, but what it is correct to intend does not. In this paper, I motivate these claims and thus show that there is a puzzle. I then (...)
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  • “Ought” Implies “Can” but Does Not Imply “Must”: An Asymmetry between Becoming Infeasible and Becoming Overridden.Peter B. M. 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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  • Liberty to Request Exemption as Right to Conscientious Objection.Johan Vorland Wibye - 2022 - The New Bioethics 28 (4):327-340.
    There is a regulatory option for conscientious objection in health care that has yet to be systematically examined by ethicists and policymakers: granting a liberty to request exemption from prescribed work tasks without a companion guarantee that the request is accommodated. For the right-holder, the liberty’s value lies in the ability to seek exemption without duty-violation and a tangible prospect of reassignment. Arguing that such a liberty is too unreliable to qualify as a right to conscientious objection leads to the (...)
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  • Moral Encroachment, Symmetry, and Believing Against the Evidence.Caroline von Klemperer - 2023 - Philosophical Studies (7).
    It is widely held that our beliefs can be epistemically faultless despite being morally flawed. Theories of moral encroachment challenge this, holding that moral considerations bear on the epistemic status of our attitudes. According to attitude-based theories of moral encroachment, morality encroaches upon the epistemic standing of our attitudes on the grounds that we can morally injure others with our epistemic practices. In this paper, I aim to show that current attitude-based theories have asymmetric mechanisms: moral features only make it (...)
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  • As Good As ‘Enough and As Good’.Bas van der Vossen - 2021 - Philosophical Quarterly 71 (1):183-203.
    The Lockean theory of property licenses unilateral appropriation on the condition that there be ‘enough, and as good left in common for others’. However, the meaning of this proviso is all but clear. This article argues that the proviso is centered around the Lockean theory of freedom. To be free, I argue, we must be ‘non-subjected’ in the exercise of our rights, including our rights to appropriate. We enjoy such freedom only when the ability to exercise our rights does not (...)
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  • Critical Notice.Peter Vallentyne - 1998 - Canadian Journal of Philosophy 28 (4):609-626.
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  • Mere moral failure.Julie Tannenbaum - 2015 - Canadian Journal of Philosophy 45 (1):58-84.
    When, in spite of our good intentions, we fail to meet our obligations to others, it is important that we have the correct theoretical description of what has happened so that mutual understanding and the right sort of social repair can occur. Consider an agent who promises to help pick a friend up from the airport. She takes the freeway, forgetting that it is under construction. After a long wait, the friend takes an expensive taxi ride home. Most theorists and (...)
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  • Deformed desires and informed desire tests.Anita Superson - 2000 - Hypatia 20 (4):109-126.
    : The formal theory of rational choice as grounded in desire-satisfaction cannot account for the problem of such deformed desires as women's slavish desires. Traditional "informed desire" tests impose conditions of rationality, such as full information and absence of psychoses, but do not exclude deformed desires. I offer a Kantian-inspired addendum to these tests, according to which the very features of deformed desires render them irrational to adopt for an agent who appreciates her equal worth.
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  • Deformed Desires and Informed Desire Tests.Anita Superson - 2005 - Hypatia 20 (4):109-126.
    The formal theory of rational choice as grounded in desire-satisfaction cannot account for the problem of such deformed desires as women's slavish desires. Traditional “informed desire” tests impose conditions of rationality, such as full information and absence of psychoses, but do not exclude deformed desires. I offer a Kantian-inspired addendum to these tests, according to which the very features of deformed desires render them irrational to adopt for an agent who appreciates her equal worth.
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  • Confucian skepticism about workplace rights.Alan Strudler - 2008 - Business Ethics Quarterly 18 (1):67-83.
    Confucian scholars express skepticism about rights. This skepticism is relevant to managers who face issues about the recognition of workplace rights in a Confucian culture. My essay examines the foundations of this skepticism, and the cogency of potential leading Western liberal responses to it. I conclude that Confucian skepticism is more formidable than liberals have recognized. I attempt to craft an argument that defuses Confucian skepticism about workplace rights while at the same time respecting the moral depth of Confucianism.
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  • Constraints, you, and your victims.Bastian Steuwer - 2022 - Noûs 57 (4):942-957.
    Deontologists believe that it is wrong to violate a right even if this will prevent a greater number of violations of the same right. This leads to the paradox of deontology: If respecting everyone’s rights is equally important, why should we not minimize the number of rights violations? One possible answer is agent-based. This answer points out that you should not violate rights even if this will prevent someone else’s violations. In this paper, I defend a relational agent-based justification that (...)
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  • Decision theory and de minimis risk.Martin Smith - forthcoming - Erkenntnis:1-24.
    A de minimis risk is defined as a risk that is so small that it may be legitimately ignored when making a decision. While ignoring small risks is common in our day-to-day decision making, attempts to introduce the notion of a de minimis risk into the framework of decision theory have run up against a series of well-known difficulties. In this paper, I will develop an enriched decision theoretic framework that is capable of overcoming two major obstacles to the modelling (...)
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  • Bruce Lee and the Trolley Problem: An Analysis from an Asian Martial Arts Tradition.William Sin - 2022 - Sport, Ethics and Philosophy 16 (1):81-95.
    In this paper, I approach the trolley problem from a different angle, and align the perspective with non-Western models of philosophy as instruction for life. I argue that the trolley problem is an...
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  • Back-door Lies and Promising under Coercion.Seana Valentine Shiffrin - forthcoming - Mind.
    I’m grateful to Professors Langton and Owens for their probing comments and to Mind for providing the occasion for this exchange. Both Langton and Owens helpfully push me to tackle interesting problems that I did not wrestle with in the book. I am game to try to answer them, but some of my responses are tentative and roughly hewn, offered more in the spirit of exploratory conversation than firm conviction.
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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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  • What is morality?Kieran Setiya - 2021 - Philosophical Studies 179 (4):1113-1133.
    Argues, against Anscombe, that Aristotle had the concept of morality as an interpersonal normative order: morality is justice in general. For an action to be wrong is not for it to warrant blame, or to wrong another person, but to be something one should not do that one has no right to do. In the absence of rights, morality makes no sense.
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  • Moral uncertainty and fetishistic motivation.Andrew Sepielli - 2016 - Philosophical Studies 173 (11):2951-2968.
    Sometimes it’s not certain which of several mutually exclusive moral views is correct. Like almost everyone, I think that there’s some sense in which what one should do depends on which of these theories is correct, plus the way the world is non-morally. But I also think there’s an important sense in which what one should do depends upon the probabilities of each of these views being correct. Call this second claim “moral uncertaintism”. In this paper, I want to address (...)
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  • Justice and Chances.Re'em Segev - 2018 - Journal of Social Philosophy 49 (2):315-333.
    According to a common view, in a case involving an indivisible good and several potential beneficiaries, who are equal in every relevant respect, there is a non-instrumental reason to allocate the benefit in a way that gives each an equal chance to receive the benefit. In this paper, I argue that this view is incompatible with several plausible and widely held assumptions. I emphasize especially the assumption that the distributive role of chances is secondary to that of benefits in an (...)
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  • The equality of lotteries.Ben Saunders - 2008 - Philosophy 83 (3):359-372.
    Lotteries have long been used to resolve competing claims, yet their recent implementation to allocate school places in Brighton and Hove, England led to considerable public outcry. This article argues that, given appropriate selection is impossible when parties have equal claims, a lottery is preferable to an auction because it excludes unjust influences. Three forms of contractualism are discussed and the fairness of lotteries is traced to the fact that they give each person an equal chance, as a surrogate for (...)
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  • Fitting-Attitude Analysis and the Logical Consequence Argument.Toni Rønnow-Rasmussen - 2018 - Philosophical Quarterly 68 (272):560-579.
    A fitting-attitude analysis which understands value in terms of reasons and pro- and con-attitudes allows limited wriggle room if it is to respect a radical division between good and good-for. Essentially, its proponents can either introduce two different normative notions, one relating to good and the other to good-for, or distinguish two kinds of attitude, one corresponding to the analysis of good and the other to good-for. It is argued that whereas the first option faces a counterintuitive scope issue, an (...)
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  • Conflicts of Rights and Action‐Guidingness.Cristián Rettig & Giulio Fornaroli - 2023 - Ratio Juris 36 (2):136-152.
    In this paper, we raise two points. First, any rights‐based theory should provide a method by which to guide reasoning in addressing conflicts of rights. The reason, we argue, is that these theories must provide guidance on what should be done. Second, this method must contain two key recommendations: (1) We should try to find a deliberative mechanism through which none of the rights is simply eliminated from the scene; (2) these rights may be balanced against each other to define (...)
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  • Assertion and its constitutive norms.Michael Rescorla - 2009 - Philosophy and Phenomenological Research 79 (1):98-130.
    Alston, Searle, and Williamson advocate the restrictive model of assertion , according to which certain constitutive assertoric norms restrict which propositions one may assert. Sellars and Brandom advocate the dialectical model of assertion , which treats assertion as constituted by its role in the game of giving and asking for reasons. Sellars and Brandom develop a restrictive version of the dialectical model. I explore a non-restrictive version of the dialectical model. On such a view, constitutive assertoric norms constrain how one (...)
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  • Rights Forfeiture and Liability to Harm.Massimo Renzo - 2017 - Journal of Political Philosophy 25 (3):324-342.
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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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  • Incommensurability and moral value.Mark R. Reiff - 2014 - Politics, Philosophy and Economics 13 (3):237-268.
    Some theorists believe that there is a plurality of values, and that in many circumstances these values are incommensurable, or at least incomparable. Others believe that all values are reducible to a single super-value, or that even if there is a plurality of irreducible values these values are commensurable. But I will argue that both sides have got it wrong. Values are neither commensurable nor incommensurable, at least not in the way most people think. We are free to believe in (...)
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  • Self-driving Cars and the Right to Drive.William Ratoff - 2022 - Philosophy and Technology 35 (3):1-15.
    Every year, 1.35 million people are killed on roads worldwide and even more people are injured. Emerging self-driving car technology promises to cut this statistic down to a fraction of the current rate. On the face of it, this consideration alone constitutes a strong reason to legally require — once self-driving car technology is widely available and affordable — that all vehicles on public roads be self-driving. Here I critically investigate the question of whether self-driving, or autonomous, vehicles should be (...)
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  • The Impossibility of a Moral Right to Privacy.Ingmar Persson & Julian Savulescu - 2022 - Neuroethics 15 (2):1-5.
    This paper clarifies and defends against criticism our argument in _Unfit for the Future_ that there is no moral right to privacy. A right to privacy is conceived as a right that others do not acquire information about us that we reserve for ourselves and selected others. Information acquisition itself is distinguished from the means used to acquire it and the uses to which the information is put. To acquire information is not an action; it is to be caused to (...)
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  • Rationalism about Obligation.David Owens - 2008 - European Journal of Philosophy 16 (3):403-431.
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  • God and gratuitous evil: Between the rock and the hard place.Luis R. G. Oliveira - 2023 - International Journal for Philosophy of Religion 94 (3):317-345.
    To most of us – believers and non-believers alike – the possibility of a perfect God co-existing with the kinds of evil that we see calls out for explanation. It is unsurprising, therefore, that the belief that God must have justifying reasons for allowing all the evil that we see has been a perennial feature of theistic thought. Recently, however, a growing number of authors have argued that the existence of a perfect God is compatible with the existence of gratuitous (...)
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  • The social ontology of promising.Steven Norris - 2021 - Ratio 34 (4):324-333.
    This paper takes an ontological approach to the subject of promising. Setting aside the typical concern over promissory obligations, I draw on recent work from the field of social ontology and develop a promissory schema that characterizes the functional role the practice of promising plays in our lives. This schema, put in terms of one agent’s voluntary and intentional attempts to provide another agent with a specific kind of assurance, helps explain what we are doing when we make a promise, (...)
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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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  • 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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  • A Liberal Theory of Commodification.Carl David Https://Orcidorg191X Mildenberger - forthcoming - Kriterion – Journal of Philosophy.
    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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  • Creating and Redirecting Threats.Victor Mardellat - 2021 - Pacific Philosophical Quarterly 104 (1):145-169.
    In the third volume of On What Matters, Derek Parfit argued that the distinction between imposing a newly created threat on someone and making what threatens some people instead threaten someone else has no genuine moral significance. This article's central thesis is that although there is much to learn from Parfit's arguments, they are ultimately unsuccessful at establishing that the redirected versus newly created threats distinction is morally irrelevant. In particular, I show that my Causal Sequences Principle specifies this distinction (...)
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  • Innocent Attackers and Rights of Self-Defense.David R. Mapel - 2004 - Ethics and International Affairs 18 (1):81-86.
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  • Commonsense Morality and Contact with Value.Adam Lovett & Stefan Riedener - 2024 - Philosophy and Phenomenological Research 1:1-21.
    There seem to be many kinds of moral duties. We should keep our promises; we should pay our debts of gratitude; we should compensate those we’ve wronged; we should avoid doing or intending harm; we should help those in need. These constitute, some worry, an unconnected heap of duties: the realm of commonsense morality is a disorganized mess. In this paper, we outline a strategy for unifying commonsense moral duties. We argue that they can be understood in terms of contact (...)
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  • Being More Realistic About Reasons: On Rationality and Reasons Perspectivism.Clayton Littlejohn - 2018 - Philosophy and Phenomenological Research 99 (3):605-627.
    This paper looks at whether it is possible to unify the requirements of rationality with the demands of normative reasons. It might seem impossible to do because one depends upon the agent’s perspective and the other upon features of the situation. Enter Reasons Perspectivism. Reasons perspectivists think they can show that rationality does consist in responding correctly to reasons by placing epistemic constraints on these reasons. They think that if normative reasons are subject to the right epistemic constraints, rational requirements (...)
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  • Reconsidering the reciprocity objection to unconditional basic income.Andrew Lister - 2020 - Politics, Philosophy and Economics 19 (3):209-228.
    This article reconsiders the reciprocity objection to unconditional basic income based on the idea that reciprocity is not only a duty but a limiting condition on other duties. If the objection wer...
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  • Conventionalism and contingency in promissory powers.Andrew Lichter - 2023 - Philosophical Studies 180 (5-6):1769-1792.
    Conventionalism about promising is the view that the power to make binding promises depends essentially on the existence of a social practice or convention of promising. This paper explores an objection to conventionalism that says that—(allegedly) contra conventionalism—there is no morally acceptable world in which we lack the power of promise. Instead, normative powers theorists claim that our power of promise is morally basic or necessary. I argue that the conventionalist need not deny this claim. There are several ways to (...)
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  • Axiological Absolutism and Risk.Seth Lazar & Chad Lee-Stronach - 2019 - Noûs 53 (1):97-113.
    Consider the following claim: given the choice between saving a life and preventing any number of people from temporarily experiencing a mild headache, you should always save the life. Many moral theorists accept this claim. In doing so, they commit themselves to some form of ‘moral absolutism’: the view that there are some moral considerations that cannot be outweighed by any number of lesser moral considerations. In contexts of certainty, it is clear what moral absolutism requires of you. However, what (...)
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