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  1. Social Control through Law.Roscoe Pound - 1944 - Science and Society 8 (1):85-88.
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  • Against autonomy: justifying coercive paternalism.Sarah Conly - 2012 - Journal of Medical Ethics 40 (5):349-349.
    Too often, we as individuals do things that harm us, that seriously interfere with our being able to live in the way that we want. We eat food that makes us obese, that promotes diabetes, heart failure and other serious illness, while at the same time, we want to live long and healthy lives. Too many of us smoke cigarettes, even while acknowledging we wish we had never begun. We behave in ways that undercut our ability to reach some of (...)
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  • Judgment under Uncertainty: Heuristics and Biases.Amos Tversky & Daniel Kahneman - 1974 - Science 185 (4157):1124-1131.
    This article described three heuristics that are employed in making judgements under uncertainty: representativeness, which is usually employed when people are asked to judge the probability that an object or event A belongs to class or process B; availability of instances or scenarios, which is often employed when people are asked to assess the frequency of a class or the plausibility of a particular development; and adjustment from an anchor, which is usually employed in numerical prediction when a relevant value (...)
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  • Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy.Jurgen Habermas (ed.) - 1996 - Polity.
    In Between Facts and Norms, Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more. The introduction by William Rehg succinctly captures the special nature of the work, (...)
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  • Why Law Matters.Alon Harel - 2014 - Oxford, United Kingdom: Oxford University Press.
    Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.
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  • Judgment Under Uncertainty: Heuristics and Biases.Daniel Kahneman, Paul Slovic & Amos Tversky (eds.) - 1982 - Cambridge University Press.
    The thirty-five chapters in this book describe various judgmental heuristics and the biases they produce, not only in laboratory experiments but in important...
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  • A Theory of Justice: Revised Edition.John Rawls - 1999 - Harvard University Press.
    Previous edition, 1st, published in 1971.
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  • Adaptive Thinking: Rationality in the Real World.Gerd Gigerenzer - 2000 - Oxford and New York: Oxford University Press.
    Together, these collected papers develop the idea that human thinking - from scientific creativity to simply understanding what a positive HIV test means - "happens" partly outside the mind.".
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  • Thinking, Fast and Slow.Daniel Kahneman - 2011 - New York: New York: Farrar, Straus and Giroux.
    In the international bestseller, Thinking, Fast and Slow, Daniel Kahneman, the renowned psychologist and winner of the Nobel Prize in Economics, takes us on a groundbreaking tour of the mind and explains the two systems that drive the way we think. System 1 is fast, intuitive, and emotional; System 2 is slower, more deliberative, and more logical. The impact of overconfidence on corporate strategies, the difficulties of predicting what will make us happy in the future, the profound effect of cognitive (...)
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  • The Ethics of Nudge.Luc Bovens - 2008 - In Mats J. Hansson & Till Grüne-Yanoff (eds.), Preference Change: Approaches from Philosophy, Economics and Psychology. Springer, Theory and Decision Library A. pp. 207-20.
    In their recently published book Nudge (2008) Richard H. Thaler and Cass R. Sunstein (T&S) defend a position labelled as ‘libertarian paternalism’. Their thinking appeals to both the right and the left of the political spectrum, as evidenced by the bedfellows they keep on either side of the Atlantic. In the US, they have advised Barack Obama, while, in the UK, they were welcomed with open arms by the David Cameron's camp (Chakrabortty 2008). I will consider the following questions. What (...)
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  • Simple Heuristics That Make Us Smart.Gerd Gigerenzer, Peter M. Todd & A. B. C. Research Group - 1999 - New York, NY, USA: Oxford University Press USA. Edited by Peter M. Todd.
    Simple Heuristics That Make Us Smart invites readers to embark on a new journey into a land of rationality that differs from the familiar territory of cognitive science and economics. Traditional views of rationality tend to see decision makers as possessing superhuman powers of reason, limitless knowledge, and all of eternity in which to ponder choices. To understand decisions in the real world, we need a different, more psychologically plausible notion of rationality, and this book provides it. It is about (...)
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  • Against Autonomy: Justifying Coercive Paternalism.Sarah Conly - 2012 - Cambridge: Cambridge University Press.
    Since Mill's seminal work On Liberty, philosophers and political theorists have accepted that we should respect the decisions of individual agents when those decisions affect no one other than themselves. Indeed, to respect autonomy is often understood to be the chief way to bear witness to the intrinsic value of persons. In this book, Sarah Conly rejects the idea of autonomy as inviolable. Drawing on sources from behavioural economics and social psychology, she argues that we are so often irrational in (...)
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  • Debate: To nudge or not to nudge.Daniel M. Hausman & Brynn Welch - 2009 - Journal of Political Philosophy 18 (1):123-136.
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  • Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy.Frank I. Michelman & Jurgen Habermas - 1996 - Journal of Philosophy 93 (6):307.
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  • The Methodology of the Social Sciences. [REVIEW]E. N., Max Weber, Edward A. Shils & Henry A. Finch - 1951 - Journal of Philosophy 48 (1):25.
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  • Rawls.Samuel Richard Freeman - 2007 - New York: Routledge.
    In this superb introduction, Samuel Freeman introduces and assesses the main topics of Rawls' philosophy. Starting with a brief biography and charting the influences on Rawls' early thinking, he goes on to discuss the heart of Rawls's philosophy: his principles of justice and their practical application to society. Subsequent chapters discuss Rawls's theories of liberty, political and economic justice, democratic institutions, goodness as rationality, moral psychology, political liberalism, and international justice and a concluding chapter considers Rawls' legacy. Clearly setting out (...)
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  • Social control through law.Roscoe Pound - 1942 - [Hamden, Conn.]: Archon Books.
    In saying this he had reference to practical activities such as medicine and law . In these the practitioner is in constant contact with the facts of life ...
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  • Salvaging the concept of nudge: Table 1.Yashar Saghai - 2013 - Journal of Medical Ethics 39 (8):487-493.
    In recent years, ‘nudge’ theory has gained increasing attention for the design of population-wide health interventions. The concept of nudge puts a label on efficacious influences that preserve freedom of choice without engaging the influencees’ deliberative capacities. Given disagreements over what it takes genuinely to preserve freedom of choice, the question is whether health influences relying on automatic cognitive processes may preserve freedom of choice in a sufficiently robust sense to be serviceable for the moral evaluation of actions and policies. (...)
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