Results for 'Arbitrary power'

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  1. ‘All is Foreseen, and Freedom of Choice is Granted’: A Scotistic Examination of God's Freedom, Divine Foreknowledge and the Arbitrary Use of Power.Liran Shia Gordon - 2019 - Heythrop Journal 60 (5):711-726.
    Following an Open conception of Divine Foreknowledge, that holds that man is endowed with genuine freedom and so the future is not definitely determined, it will be claimed that human freedom does not limit the divine power, but rather enhances it and presents us with a barrier against arbitrary use of that power. This reading will be implemented to reconcile a well-known quarrel between two important interpreters of Duns Scotus, Allan B. Wolter and Thomas Williams, each of (...)
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  2. Colonialism, Injustice, and Arbitrariness.Vittorio Bufacchi - 2017 - Journal of Social Philosophy 48 (2):197-211.
    The current debate on why colonialism is wrong overlooks what is arguably the most discernible aspect of this particular historical injustice: its exreme violence. Through a critical analysis of the recent contributions by Lea Ypi, Margaret Moore and Laura Valentini, this article argues that the violence inflicted on the victims and survivors of colonialism reveals far more about the nature of this historical injustice than generally assumed. It is the arbitrary nature of the power relations between colonizers and (...)
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  3. Beyond binary discourses on liberty: Constant's modern liberty, rightly understood.Avital Simhony - 2022 - History of European Ideas 48 (3):196-213.
    ABSTRACT It is fruitless to interpret Constant's modern liberty from the binary perspective of either the negative/positive freedom opposition or the liberal/republican freedom opposition. Both oppositional perspectives reduce the relationally complex nature of modern liberty to one or another component of the relation. Such reduction inevitably results in an incomplete and, therefore, inadequate interpretation of Constant's modern liberty. Consequently, either of these binary frames of interpretation obscures rather than illuminates the full nature of Constant's modern liberty. Boxed into their irreconcilably (...)
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  4. Self-Employment and Independence.Iñigo González-Ricoy - 2023 - In Julian David Jonker & Grant J. Rozeboom (eds.), Working as Equals: Relational Egalitarianism and the Workplace. New York, US: Oxford University Press USA.
    Self-employment merits protection and promotion, we often hear, because it confers independence from a boss. But what, if anything, is wrong with having a boss? On one of the two views that this chapter inspects, being under the power of a boss is objectionable as such, no matter how suitably checked this power may be, for it undermines workers’ agency. On a second view, which republican theorists favor, what is objectionable is subjection not to the power of (...)
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  5. Are Workers Dominated?Tom O'Shea - 2019 - Journal of Ethics and Social Philosophy 16 (1).
    This article undertakes a republican analysis of power in the workplace and labour market in order to determine whether workers are dominated by employers. Civic republicans usually take domination to be subjection to an arbitrary power to interfere with choice. But when faced with labour disputes over what choices it is normal for workers to make for themselves, these accounts of domination struggle to determine whether employers possess the power to interfere. I propose an alternative capabilitarian (...)
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  6. Exit Left: Markets and Mobility in Republican Thought.Robert S. Taylor - 2017 - Oxford, UK: Oxford University Press.
    Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and (...)
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  7. Donation without Domination: Private Charity and Republican Liberty.Robert S. Taylor - 2018 - Journal of Political Philosophy 26 (4):441-462.
    Contemporary republicans have adopted a less-than-charitable attitude toward private beneficence, especially when it is directed to the poor, worrying that rich patrons may be in a position to exercise arbitrary power over their impoverished clients. These concerns have led them to support impartial public provision by way of state welfare programs, including an unconditional basic income (UBI). In contrast to this administrative model of public welfare, I will propose a competitive model in which the state regulates and subsidizes (...)
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  8. Rousseau and Humankind’s Decadency.Damian Williams - forthcoming - Forthcoming.
    For Rousseau, humankind is in a perpetual state of decay—decadency from an earlier, natural, primitive, and perfect state. For Rousseau, the natural man, or man in the state of beast, was of an era where humankind was unencumbered by that which is now entirely associated with society—that is, “. . . establishment of laws and of the right of property . . . the institution of magistracy . . . and the conversion of legitimate into arbitrary power.” For (...)
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  9. GANDHIAN SWARAJ: A CONTINUOUS PROCESS.Shakeel Husain - 2023 - Research Expression 6 (8):11-22.
    Gandhi was a political and social activist rather than a philosopher or thinker. However, the level of morality and purity in his politics was so high that it took politics to the spiritual and philosophical level. The same thing can be said for his social and economic thoughts. Therefore, Gandhi's Swaraj is cultural, political and spiritual because politics was a spiritual ( religious) work for him. The question of Swaraj was not just a political question for him, nor did Swaraj (...)
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  10. Radical Republicanism and the Future of Work.Tom O'Shea - 2021 - Theory and Event 24 (4):1050-1067.
    I develop a socialist republican conception of economic liberty and show how it can be used to understand the domination of workers. It holds that both paid and unpaid workers can be deprived of economic freedom when they are exposed to an arbitrary power to undermine their access to the economic capabilities needed for civic equality. Measures intended to reduce domination are recommended, including public ownership of productive property, workplace democracy, and robust unconditional basic income and services. Finally, (...)
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  11. Representative Democracy and Social Equality.Sean Ingham - 2021 - American Political Science Review:1-13.
    When are inequalities in political power undemocratic, and why? While some writers condemn any inequalities in political power as a deviation from the ideal of democracy, this view is vulnerable to the simple objection that representative democracies concentrate political power in the hands of elected officials rather than distributing it equally among citizens, but they are no less democratic for it. Building on recent literature that interprets democracy as part of a broader vision of social equality, I (...)
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  12. Sufficiency and freedom in Locke’s theory of property.Daniel M. Layman - 2018 - European Journal of Political Theory 17 (2):152-173.
    It is traditional to ascribe to Locke the view that every person who acquires natural property rights by labouring on resources is obligated to leave sufficient resources for everyone else. But during the last several decades, a number of authors have contributed to a compelling textual case against this reading. Nevertheless, Locke clearly indicates that there is something wrong with distributions in which some suffer while others thrive. But if he does not endorse the traditional proviso, what exactly is the (...)
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  13. Republicanism and Markets.Robert S. Taylor - 2019 - In Yiftah Elazar & Geneviève Rousselière (eds.), Republicanism and the Future of Democracy. New York, NY: Cambridge University Press. pp. 207-223.
    The republican tradition has long been ambivalent about markets and commercial society more generally: from the contrasting positions of Rousseau and Smith in the eighteenth century to recent neorepublican debates about capitalism, republicans have staked out diverse positions on fundamental issues of political economy. Rather than offering a systematic historical survey of these discussions, this chapter will instead focus on the leading neo-republican theory—that of Philip Pettit—and consider its implications for market society. As I will argue, Pettit’s theory is even (...)
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  14. Mercy.Adam Perry - 2018 - Philosophy and Public Affairs 46 (1):60-89.
    A pardon is an act of mercy according to the law, but is a pardon mercy in an ordinary or genuine sense? What distinguishes a pardon from a lenient judicial sentence, which is not mercy by the law’s lights? These are questions about what mercy as it is understood in law has to do with mercy as it is understood outside of law, and about who in government acts mercifully and when, if indeed anyone in government ever does. Here I (...)
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  15. (1 other version)Responding to Covid-19 in India: Reducing Risk or Increasing Domination?Kritika Maheshwari - 2022 - In Jens O. Zinn & Patrick Brown (eds.), Covid-19 and the Sociology of Risk and Uncertainty. pp. 29-52.
    During times of emergency like the pandemic itself, governments are often seen as exercising “exceptional power”. Given the state of growing urgency in responding to the pandemic, there is a worry that governments may resort to exercising their exceptional power arbitrarily—either willingly, unintentionally or perhaps even negligently. When power is exercised by states or even by non-state actors arbitrarily over a person or group, that is, at their own will in the absence of appropriate institutional checks and (...)
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  16. On the Efficiency Objection to Workplace Democracy.Jordan David Thomas Walters - 2021 - Ethical Theory and Moral Practice 24 (3):803-815.
    Are workers dominated? A recent suite of neo-republican and relational egalitarian philosophers think they are. Suppose they are right; that is, suppose that some workers are governed by an unjust and arbitrary power existing in labour relations, which persists even in the presence of the actual ability to exit. My question is this: does that give us reason to impose restrictions on firms? According to the so-called Efficiency Objection there are relevant trade-offs that need to be considered between (...)
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  17. Civic Republican Medical Ethics.Tom O'Shea - 2017 - Journal of Medical Ethics 43 (1):56-59.
    This article develops a civic republican approach to medical ethics. It outlines civic republican concerns about the domination that arises from subjection to an arbitrary power of interference, while suggesting republican remedies to such domination in healthcare. These include proposals for greater review, challenge and pre-authorisation of medical power. It extends this analysis by providing a civic republican account of assistive arbitrary power, showing how it can create similar problems within both formal and informal relationships (...)
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  18. Freedom as Non-domination, Robustness, and Distant Threats.Alexander Bryan - 2021 - Ethical Theory and Moral Practice 24 (4):889-900.
    It is a core feature of the conception of freedom as non-domination that freedom requires the absence of exposure to arbitrary power across a range of relevant possible worlds. While this modal robustness is critical to the analysis of paradigm cases of unfreedom such as slavery, critics such as Gerald Gaus have argued that it leads to absurd conclusions, with barely-felt constraints appearing as sources of unfreedom. I aim to clarify the demands of the modal robustness requirement, and (...)
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  19. Republican freedom, domination, and ignorability.Anar Jafarov & Ilkin Huseynli - 2022 - Journal of Political Power 16.
    Some argue that republican freedom is impossible because since it is always possible that a person or a group of persons possesses arbitrary power to interfere with individuals, no one is free to do anything. To avoid this challenge, in their recent article, Sean Ingham and Frank Lovett invoke the notion of ignorability in terms of which they offer a moderate interpretation of republican freedom. On their view, B is free from A to φ if A’s possible types (...)
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  20. A Civic Republican Analysis of Mental Capacity Law.Tom O'Shea - 2018 - Legal Studies 1 (38):147-163.
    This article draws upon the civic republican tradition to offer new conceptual resources for the normative assessment of mental capacity law. The republican conception of liberty as non-domination is used to identify ways in which such laws generate arbitrary power that can underpin relationships of servility and insecurity. It also shows how non-domination provides a basis for critiquing legal tests of decision-making that rely upon ‘diagnostic’ rather than ‘functional’ criteria. In response, two main civic republican strategies are recommended (...)
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  21. The Rule of Law in the United States: An Unfinished Project of Black Liberation.Paul Gowder - 2021 - Bloomsbury Publishing.
    What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? -/- This open access book traces the promise and paradox of the American rule of law in three interwoven ways. -/- It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers (...)
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  22. The Curious Case of Ronald McDonald’s Claim to Rights: An Ontological Account of Differences in Group and Individual Person Rights: Winner of the 2016 Essay Competition of the International Social Ontology Society.Leonie Smith - 2018 - Journal of Social Ontology 4 (1):1-28.
    Performative accounts of personhood argue that group agents are persons, fit to be held responsible within the social sphere. Nonetheless, these accounts want to retain a moral distinction between group and individual persons. That: Group-persons can be responsible for their actions qua persons, but that group-persons might nonetheless not have rights equivalent to those of human persons. I present an argument which makes sense of this disanalogy, without recourse to normative claims or additional ontological commitments. I instead ground rights in (...)
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  23. Discrecionalidad administrativa.María G. Navarro - 2012 - Eunomía. Revista En Cultura de la Legalidad 3:200-205.
    The administrative discretionary act differs from regulated act because while the latter refers to the simple execution of the law, the former refers to cases where there is some leeway for a further understanding and application of the rule. For example, discretionary is necessary when the law can provide two possible proceedings, none of which is mandatory. It is also necessary when legislation merely indicates its ends, without specifying the means to achieve them. When it is not dissociated from the (...)
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  24. Deissi, arbitrarietà e disambiguazione. Due approcci a confronto.Artemij Keidan - 2008 - In Artemij Keidan & Luca Alfieri (eds.), Deissi, riferimento, metafora. Questioni classiche di linguistica e filosofia del linguaggio. Firenze University Press. pp. 19-66.
    Two approaches to indexicality are comparatively taken into analysis: John Parry's analytic approach on the one hand, and a sort of Saussure-inspired approach within the domain of Functionalist Linguistics, on the other hand. It is argued that these two approaches do diametrically oppose each other in some important aspects. The notion of Saussurean arbitrariness of reference, opposing the analytic notion of rigid designation, is eventually argued to have a good explanatory power when some ordinary language phenomena are to be (...)
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  25. On the Fundamentals of Law and Public Policy.Kiyoung Kim - 2015 - SSRN.
    We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...)
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  26. A Fresh Start for the Objective-List Theory of Well-Being.Guy Fletcher - 2013 - Utilitas 25 (2):206-220.
    So-called theories of well-being (prudential value, welfare) are under-represented in discussions of well-being. I do four things in this article to redress this. First, I develop a new taxonomy of theories of well-being, one that divides theories in a more subtle and illuminating way. Second, I use this taxonomy to undermine some misconceptions that have made people reluctant to hold objective-list theories. Third, I provide a new objective-list theory and show that it captures a powerful motivation for the main competitor (...)
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  27. Review of Law's Rule: the Nature, Value, and Viability of the Rule of Law.Brad Hooker - 2023 - Notre Dame Philosophical Reviews.
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  28. Egalitarianism and Moral Bioenhancement.Robert Sparrow - 2014 - American Journal of Bioethics 14 (4):20-28.
    A number of philosophers working in applied ethics and bioethics are now earnestly debating the ethics of what they term “moral bioenhancement.” I argue that the society-wide program of biological manipulations required to achieve the purported goals of moral bioenhancement would necessarily implicate the state in a controversial moral perfectionism. Moreover, the prospect of being able to reliably identify some people as, by biological constitution, significantly and consistently more moral than others would seem to pose a profound challenge to egalitarian (...)
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  29. Disability and Domination: Lessons from Republican Political Philosophy.Tom O'Shea - 2018 - Journal of Applied Philosophy 35 (1):133-148.
    The republican ideal of non-domination identifies the capacity for arbitrary interference as a fundamental threat to liberty that can generate fearful uncertainty and servility in those dominated. I argue that republican accounts of domination can provide a powerful analysis of the nature of legal and institutional power that is encountered by people with mental disorders or cognitive disabilities. In doing so, I demonstrate that non-domination is an ideal which is pertinent, distinctive, and desirable in thinking through psychological disability. (...)
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  30. An anchored joint acceptance account of group justification.Lukas Schwengerer - 2023 - Theoria 89 (4):432-450.
    When does a group justifiedly believe that p? One answer to this question has been developed first by Schmitt and then by Hakli: when the group members jointly accept a reason for the belief. Call this the joint acceptance account of group justification. Their answer has great explanatory power, providing us with a way to account for cases in which the group's justification can diverge from the justification individual members have. Unfortunately, Jennifer Lackey developed a powerful argument against joint (...)
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  31. What Is Economic Liberty?Tom O’Shea - 2020 - Philosophical Topics 48 (2):203-222.
    Economic liberty is best understood in opposition to economic domination. This article develops a radical republican conception of such domination. In particular, I argue that radical republicanism provides a more satisfactory account of individual economic freedom than the market-friendly liberties of working, transacting, holding, and using championed by Nickel and Tomasi. So too, it avoids the pitfalls of other conceptions of economic liberty which emphasize real freedom, alternatives to immiserating work, or unalienated labor. The resulting theory holds that economic domination (...)
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  32. Gleiche Gerechtigkeit: Grundlagen eines liberalen Egalitarismus.Stefan Gosepath - 2004 - Frankfurt am Main: Suhrkamp.
    Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...)
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  33. Market Freedom as Antipower.Robert S. Taylor - 2013 - American Political Science Review 107 (3):593-602.
    Historically, republicans were of different minds about markets: some, such as Rousseau, reviled them, while others, like Adam Smith, praised them. The recent republican resurgence has revived this issue. Classical liberals such as Gerald Gaus contend that neo-republicanism is inherently hostile to markets, while neo-republicans like Richard Dagger and Philip Pettit reject this characterization—though with less enthusiasm than one might expect. I argue here that the right republican attitude toward competitive markets is celebratory rather than acquiescent and that republicanism demands (...)
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  34. Locke's State of Nature.Chris Lazarski - 2013 - In Janusz Grygiensl (ed.), Human Rights and Politics. Erida.
    Locke’s Second Treatise of Government lays the foundation for a fully liberal order that includes representative and limited government, and that guarantees basic civil liberties. Though future thinkers filled in some gaps left in his doctrine, such as division of powers between executive and judicial branch of government, as well as fuller exposition of economic freedom and human rights, it is Locke, who paves the way for others. The article reviews the Treatise, paying particular attention to his ingenious way to (...)
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  35. Nothing, Everything, Something!Achille C. Varzi - 2022 - In Fosca Mariani-Zini (ed.), The Meaning of Something: Rethinking the Logic and the Unity of Metaphysics. Springer.
    Universalist and nihilist answers to philosophical questions may be extreme, but they are clear enough. Aliquidist answers, by contrast, are typically caught between the Scylla of vagueness and indeterminacy and the Charybdis of ungroundedness and arbitrariness, and steering a proper middle course—saying exactly where in the middle one is going to settle—demands exceptional navigating powers. I myself tend to favor extreme answers precisely for this reason. Here, however, I consider one sense in which Something may claim superiority over its polar (...)
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  36. Individuality, quasi-sets and the double-slit experiment.Adonai S. Sant'Anna - forthcoming - Quantum Studies: Mathematics and Foundations.
    Quasi-set theory $\cal Q$ allows us to cope with certain collections of objects where the usual notion of identity is not applicable, in the sense that $x = x$ is not a formula, if $x$ is an arbitrary term. $\cal Q$ was partially motivated by the problem of non-individuality in quantum mechanics. In this paper I discuss the range of explanatory power of $\cal Q$ for quantum phenomena which demand some notion of indistinguishability among quantum objects. My main (...)
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  37. The Compatibility of Locke's Waste Restriction.Daniel Layman - 2012 - Locke Studies 12:183-200.
    John Locke held that every person has a natural duty to use her property efficiently, and that consent is required for legitimate political power. On the face of it, these two positions seem to be in tension. This is because, (1) according to Locke, it is nearly impossible to use resources efficiently unless one lives within a political community, and (2)the waste restriction is enforceable. Consequently, it might seem that persons living outside civil society may be forced to submit (...)
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  38. "A great championess for her sex": Sarah Chapone on liberty as nondomination and self-mastery.Jacqueline Broad - 2015 - The Monist 98 (1):77-88.
    This paper examines the concept of liberty at the heart of Sarah Chapone’s 1735 work, The Hardships of the English Laws in Relation to Wives. In this work, Chapone (1699-1764) advocates an ideal of freedom from domination that closely resembles the republican ideal in seventeenth and eighteenth- century England. This is the idea that an agent is free provided that no-one else has the power to dispose of that agent’s property—her “life, liberty, and limb” and her material possessions—according to (...)
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  39. Solving Wollheim's Dilemma: A Fix for the Institutional Definition of Art.Simon Fokt - 2013 - Metaphilosophy 44 (5):640-654.
    Richard Wollheim threatened George Dickie's institutional definition of art with a dilemma which entailed that the theory is either redundant or incomprehensible and useless. This article modifies the definition to avoid such criticism. First, it shows that the definition's concept of the artworld is not vague when understood as a conventional system of beliefs and practices. Then, based on Gaut's cluster theory, it provides an account of reasons artworld members have to confer the status of a candidate for appreciation. An (...)
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  40. Pascal’s wager and the origins of decision theory: decision-making by real decision-makers.James Franklin - 2018 - In Paul F. A. Bartha & Lawrence Pasternack (eds.), Pascal’s Wager. New York: Cambridge University Press. pp. 27-44.
    Pascal’s Wager does not exist in a Platonic world of possible gods, abstract probabilities and arbitrary payoffs. Real decision-makers, such as Pascal’s “man of the world” of 1660, face a range of religious options they take to be serious, with fixed probabilities grounded in their evidence, and with utilities that are fixed quantities in actual minds. The many ingenious objections to the Wager dreamed up by philosophers do not apply in such a real decision matrix. In the situation Pascal (...)
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  41. Residuated bilattices.Umberto Rivieccio & Ramon Jansana - 2012 - Soft Computing 16 (3):493-504.
    We introduce a new product bilattice con- struction that generalizes the well-known one for interlaced bilattices and others that were developed more recently, allowing to obtain a bilattice with two residuated pairs as a certain kind of power of an arbitrary residuated lattice. We prove that the class of bilattices thus obtained is a variety, give a finite axiomatization for it and characterize the congruences of its members in terms of those of their lat- tice factors. Finally, we (...)
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  42. The Basic Liberties: An Essay on Analytical Specification.Stephen K. McLeod & Attila Tanyi - 2023 - European Journal of Political Theory 22 (3):465-486.
    We characterize, more precisely than before, what Rawls calls the “analytical” method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e., the liberty principle). We argue that the general conditions that feature in Rawls’s own account of the analytical method, which employ (...)
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  43. The repugnant conclusion can be avoided with moral intuitions intact: A lesson in order.Steven Kerr - manuscript
    The repugnant conclusion poses a conundrum in population ethics that has evaded satisfactory solution for four decades. In this article, I show that the repugnant conclusion can be avoided without sacrificing any moral intuitions. The resulting framework satisfies Parfit's requirements for `theory X'. This is achieved using non-Archimedean orders, which admit the possibility of pairs of goods for which no amount of one is better than a single unit of the other. I show that with minimal assumptions, not only are (...)
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  44. Contesting the Market: An Assessment of Capitalism's Threat to Democracy.Michael Fuerstein - 2015 - In Subramanian Rangan (ed.), Performance and Progress: Essays on Capitalism, Business, and Society. Oxford University Press.
    I argue that capitalism presents a threat to “democratic contestation”: the egalitarian, socially distributed capacity to affect how, why, and whether power is used. Markets are not susceptible to mechanisms of accountability, nor are they bearers of intentions in the way that political power-holders are. This makes them resistant to the kind of rational, intentional oversight that constitutes one of democracy’s social virtues. I identify four social costs associated with this problem: the vulnerability of citizens to arbitrary (...)
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  45. Editorial, Cosmopolis. Spirituality, religion and politics.Paul Ghils - 2015 - Cosmopolis. A Journal of Cosmopolitics 7 (3-4).
    Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...)
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  46. Complexity Revolution and the New Age of Scientific Discoveries.Andrei P. Kirilyuk - manuscript
    This summary of the original paradigm of the universal science of complexity starts with the discovered exact origin of the stagnating "end" of conventional, unitary science paradigm and development traditionally presented by its own estimates as the only and the best possible kind of scientific knowledge. Using a transparent generalisation of the exact mathematical formalism of arbitrary interaction process, we show that unitary science approach and description, including its imitations of complexity and chaoticity, correspond to artificial and ultimately strong (...)
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  47. Wolff e Kant sobre obrigação e lei natural: a rejeição do voluntarismo teológico na moral.Cunha Bruno - 2015 - Trans/Form/Ação 38 (3):99-116.
    RESUMO:O objetivo deste artigo é discutir sobre os conceitos de obrigação e lei natural, tendo como referência o polêmico debate moderno envolvendo intelectualismo e voluntarismo. Em um primeiro momento, destacaremos a rejeição de Wolff ao voluntarismo de Pufendorf e sua orientação em direção ao intelectualismo de Leibniz. Conforme essa nova orientação, uma teoria da lei natural não deve basear seu conceito de obrigação na autoridade das leis e em seu poder coercitivo, mas, por outro lado, unicamente na ideia de necessidade (...)
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  48. Relativism, Reflective Equilibrium, and Justice.Schwartz Justin - 1997 - Legal Studies 17:128-68.
    THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS. -/- The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: (...)
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  49. Plato’s Metaphysical Development before Middle Period Dialogues.Mohammad Bagher Ghomi - manuscript
    Regarding the relation of Plato’s early and middle period dialogues, scholars have been divided to two opposing groups: unitarists and developmentalists. While developmentalists try to prove that there are some noticeable and even fundamental differences between Plato’s early and middle period dialogues, the unitarists assert that there is no essential difference in there. The main goal of this article is to suggest that some of Plato’s ontological as well as epistemological principles change, both radically and fundamentally, between the early and (...)
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  50. Dignity Beyond the Human: A Deontic Account of the Moral Status of Animals.Matthew Wray Perry - 2023 - Dissertation, The University of Manchester
    Dignity is traditionally thought to apply to almost all and almost only humans. However, I argue that an account of a distinctly human dignity cannot achieve a coherent and non-arbitrary justification; either it must exclude some humans or include some nonhumans. This conclusion is not as worrying as might be first thought. Rather than attempting to vindicate human dignity, dignity should extend beyond the human, to include a range of nonhuman animals. Not only can we develop a widely inclusive (...)
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