Results for 'Authority'

435 found
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  1. Justice, Legitimacy, and (Normative) Authority for Political Realists.Enzo Rossi - 2012 - Critical Review of International Social and Political Philosophy 15 (2):149-164.
    One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant (...)
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  2.  67
    By Whose Authority: A Political Argument for God's Existence.Tyler McNabb & Jeremy Neill - 2019 - European Journal for Philosophy of Religion 11 (2):163.
    In The Problem of Political Authority, Michael Huemer argues that the contractarian and consequentialist groundings of political authority are unsuccessful, and, in fact, that there are no adequate contemporary accounts of political authority. As such, the modern state is illegitimate and we have reasons to affirm political anarchism. We disagree with Huemer’s conclusion. But we consider Huemer’s critiques of contractarianism and consequentialism to be compelling. Here we will juxtapose, alongside Huemer’s critiques, a theistic account of political (...) from Nicholas Wolterstorff’s book The Mighty and the Almighty. We think that Wolterstorff’s model does better than contractarianism and consequentialism at answering Huemer’s critiques. We also think that an abductive basis for God’s existence emerges from the inadequate authority accounts that Huemer surveys. (shrink)
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  3.  95
    For A Service Conception of Epistemic Authority: A Collective Approach.Michel Croce - 2019 - Social Epistemology (2):1-11.
    This paper attempts to provide a remedy to a surprising lacuna in the current discussion in the epistemology of expertise, namely the lack of a theory accounting for the epistemic authority of collective agents. After introducing a service conception of epistemic authority based on Alvin Goldman’s account of a cognitive expert, I argue that this service conception is well suited to account for the epistemic authority of collective bodies on a non-summativist perspective, and I show in detail (...)
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  4. Is There Anything to the Authority Thesis?Wolfgang Barz - 2018 - Journal of Philosophical Research 43:125-143.
    Many philosophical theories of self-knowledge can be understood as attempts to explain why self-ascriptions enjoy a certain kind of authority that other-ascriptions lack (the Authority Thesis). The aim of this paper is not to expand the stock of existing explanations but to ask whether the Authority Thesis can be adequately specified. To this end, I identify three requirements that must be met by any satisfactory specification. I conclude that the search for an adequate specification of the (...) Thesis leads to a dilemma: it either yields an interpretation under which the thesis is philosophically interesting but false, or it produces an interpretation under which the thesis is actually true but of minor philosophical interest. (shrink)
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  5. The Subjective Authority of Intention.Lilian O’Brien - 2019 - Philosophical Quarterly 69 (275):354-373.
    While much has been written about the functional profile of intentions, and about their normative or rational status, comparatively little has been said about the subjective authority of intention. What is it about intending that explains the ‘hold’ that an intention has on an agent—a hold that is palpable from her first-person perspective? I argue that several prima facie appealing explanations are not promising. Instead, I maintain that the subjective authority of intention can be explained in terms of (...)
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  6. Authority Without Privilege: How to Be a Dretskean Conciliatory Skeptic on Self-Knowledge.Michael Roche & William Roche - forthcoming - Synthese:1-17.
    Dretske is a “conciliatory skeptic” on self-knowledge. Take some subject S such that (i) S thinks that P and (ii) S knows that she has thoughts. Dretske’s theory can be put as follows: S has a privileged way of knowing what she thinks, but she has no privileged way of knowing that she thinks it. There is much to be said on behalf of conciliatory skepticism (“CS” for short) and Dretske’s defense of it. We aim to show, however, that Dretske’s (...)
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  7. Assessing Law's Claim to Authority.Bas van der Vossen - 2011 - Oxford Journal of Legal Studies 31 (3):481-501.
    The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I (...)
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  8. Expert-Oriented Abilities Vs. Novice-Oriented Abilities: An Alternative Account of Epistemic Authority.Michel Croce - 2018 - Episteme 15 (4):476-498.
    According to a recent account of epistemic authority proposed by Linda Zagzebski (2012), it is rational for laypersons to believe on authority when they conscientiously judge that the authority is more likely to form true beliefs and avoid false ones than they are in some domain. Christoph Jäger (2016) has recently raised several objections to her view. By contrast, I argue that both theories fail to adequately capture what epistemic authority is, and I offer an alternative (...)
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  9. Epistemic Paternalism and the Service Conception of Epistemic Authority.Michel Croce - 2018 - Metaphilosophy 49 (3):305-327.
    Epistemic paternalism is the thesis that in some circumstances we are justified in interfering with the inquiry of another for their own epistemic good without consulting them on the issue. In this paper, I address the issue of who is rationally entitled to undertake paternalistic interferences, and in virtue of which features one has this entitlement. First, I undermine the view according to which experts are the most apt people to act as paternalist interferers. Then, I argue that epistemic authorities (...)
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  10. Political Anarchism and Raz’s Theory of Authority.Bruno Leipold - 2015 - Res Publica 21 (3):309-329.
    This article argues that using Joseph Raz’s service conception of authority to reject philosophical anarchism can be affected by political anarchism. Whereas philosophical anarchism only denies the authority of the state, political anarchism claims that anarchism is a better alternative to the state. Raz’s theory holds that an institution has authority if it enables people to better conform with reason. I argue that there are cases where anarchism is an existing alternative to the state and better fulfils (...)
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  11. A Fair Play Account of Legitimate Political Authority.Justin Tosi - 2017 - Legal Theory 23 (1):55-67.
    There is an emerging consensus among political philosophers that state legitimacy involves something more than—or perhaps other than—political obligation. Yet the principle of fair play, which many take to be a promising basis for political obligation, has been largely absent from discussions of the revised conception of legitimacy. This paper shows how the principle of fair play can generate legitimate political authority by drawing on a neglected feature of the principle—its stipulation that members of a cooperative scheme must reciprocate (...)
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  12. Evans and First Person Authority.Martin Francisco Fricke - 2009 - Abstracta 5 (1):3-15.
    In The Varieties of Reference, Gareth Evans describes the acquisition of beliefs about one’s beliefs in the following way: ‘I get myself in a position to answer the question whether I believe that p by putting into operation whatever procedure I have for answering the question whether p.’ In this paper I argue that Evans’s remark can be used to explain first person authority if it is supplemented with the following consideration: Holding on to the content of a belief (...)
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  13. Children's Vulnerability and Legitimate Authority Over Children.Anca Gheaus - 2018 - Journal of Applied Philosophy:60-75.
    Children's vulnerability gives rise to duties of justice towards children and determines when authority over them is legitimately exercised. I argue for two claims. First, children's general vulnerability to objectionable dependency on their caregivers entails that they have a right not to be subject to monopolies of care, and therefore determines the structure of legitimate authority over them. Second, children's vulnerability to the loss of some special goods of childhood determines the content of legitimate authority over them. (...)
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  14. Believing on Authority.Matthew A. Benton - 2014 - European Journal for Philosophy of Religion 6 (4):133-144.
    Linda Zagzebski's "Epistemic Authority" (Oxford University Press, 2012) brings together issues in social epistemology with topics in moral and political philosophy as well as philosophy of religion. In this paper I criticize her discussion of self-trust and rationality, which sets up the main argument of the book; I consider how her view of authority relates to some issues of epistemic authority in testimony; and I raise some concerns about her treatment of religious epistemology and religious authority (...)
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  15. Zagzebski on Authority and Preemption in the Domain of Belief.Arnon Keren - 2014 - European Journal for Philosophy of Religion 6 (4):61-76.
    The paper discusses Linda Zagzebski's account of epistemic authority. Building on Joseph Raz's account of political authority, Zagzebski argues that the basic contours of epistemic authority match those Raz ascribes to political authority. This, it is argued, is a mistake. Zagzebski is correct in identifying the pre-emptive nature of reasons provided by an authority as central to our understanding of epistemic authority. However, Zagzebski ignores important differences between practical and epistemic authority. As a (...)
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  16. Expressing First-Person Authority.Matthew Parrott - 2015 - Philosophical Studies 172 (8):2215-2237.
    Ordinarily when someone tells us something about her beliefs, desires or intentions, we presume she is right. According to standard views, this deferential trust is justified on the basis of certain epistemic properties of her assertion. In this paper, I offer a non-epistemic account of deference. I first motivate the account by noting two asymmetries between the kind of deference we show psychological self-ascriptions and the kind we grant to epistemic experts more generally. I then propose a novel agency-based account (...)
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  17. Just War Theory, Legitimate Authority, and Irregular Belligerency.Jonathan Parry - 2015 - Philosophia 43 (1):175-196.
    Since its earliest incarnations, just war theory has included the requirement that war must be initiated and waged by a legitimate authority. However, while recent years have witnessed a remarkable resurgence in interest in just war theory, the authority criterion is largely absent from contemporary discussions. In this paper I aim to show that this is an oversight worth rectifying, by arguing that the authority criterion plays a much more important role within just war theorising than is (...)
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  18. The Relational Conception of Practical Authority.N. P. Adams - 2018 - Law and Philosophy 37 (5):549-575.
    I argue for a new conception of practical authority based on an analysis of the relationship between authority and subject. Commands entail a demand for practical deference, which establishes a relationship of hierarchy and vulnerability that involves a variety of signals and commitments. In order for these signals and commitments to be justified, the subject must be under a preexisting duty, the authority’s commands must take precedence over the subject’s judgment regarding fulfillment of that duty, the (...) must accept the position and responsibilities of command, and the authority must be sufficiently trustworthy relative to how vulnerable the subject makes herself by deferring. This results in an instrumentalist conception of practical authority that can be favorably compared to Joseph Raz’s famous service conception. The relational conception’s main advantage is that it focuses on the authority as much as the subject, requiring that the authority accept responsibility for the relationship and be sufficiently trustworthy. (shrink)
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  19. Tradition, Authority and Dialogue: Arendt and Alexander on Education.Itay Snir - 2018 - Foro de Educación 16 (24):21-40.
    In this paper I discuss two attempts to challenge mainstream liberal education, by Hannah Arendt and by contemporary Israeli philosopher Hanan Alexander. Arendt and Alexander both identify problems in liberal-secular modern politics and present alternatives based on reconnecting politics and education to tradition. I analyze their positions and bring them into a dialogue that suggests a complex conception of education that avoids many of the pitfalls of modern liberal thought. First, I outline Arendt and Alexander’s educational views and discuss their (...)
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  20. Rethinking Legitimate Authority.Anne Schwenkenbecher - 2013 - In Fritz Allhoff, Nicholas Evans & Adam Henschke (eds.), Routledge Handbook of Ethics and War: Just War Theory in the 21st Century. Routledge.
    The just war-criterion of legitimate authority – as it is traditionally framed – restricts the right to wage war to state actors. However, agents engaged in violent conflicts are often sub-state or non-state actors. Former liberation movements and their leaders have in the past become internationally recognized as legitimate political forces and legitimate leaders. But what makes it appropriate to consider particular violent non-state actors to legitimate violent agents and others not? This article will examine four criteria, including ‘popular (...)
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  21. Definition and Power: Toward Authority Without Privilege.Lynne Tirrell - 1993 - Hypatia 8 (4):1-34.
    Feminists have urged women to take semantic authority. This article explains what such authority is, how it depends upon community recognition, and how it differs from privilege and from authority as usually conceived under patriarchy. Understanding its natures and limits is an important part of attaining it. Understanding the role of community explains why separatism is the logical conclusion of this project, and why separatism is valuable even to those who do not separate.
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  22. Mill, Sentimentalism and the Problem of Moral Authority.Daniel Callcut - 2009 - Utilitas 21 (1):22-35.
    Mill’s aim in chapter 3 of Utilitarianism is to show that his revisionary moral theory can preserve the kind of authority typically and traditionally associated with moral demands. One of his main targets is the idea that if people come to believe that morality is rooted in human sentiment then they will feel less bound by moral obligation. Chapter 3 emphasizes two claims: (1) The main motivation to ethical action comes from feelings and not from beliefs and (2) Ethical (...)
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  23.  33
    The Notion of Pedagogical Authority in the Community of Inquiry.Peter Paul E. Elicor - 2017 - Kritike 11 (2):80-92.
    This article explores the notion of pedagogical authority as exercised in the Community of Inquiry, the method for facilitating Philosophy for Children (P4C). It argues that the teachers’ pedagogical authority in a Community of Inquiry is not predicated on their intellectual superiority or status. Rather it finds its legitimacy in their role as instigators of students’ thinking skills, which are assumed to be already possessed by the learners. This thesis is discussed in relation to Rancière’s concept of the (...)
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  24.  28
    Because I Said So: Practical Authority in Plato’s Crito.Micah Lott - 2015 - Polis 32 (1):3-31.
    This essay is an analysis of the central arguments in Plato’s Crito. The dialogue shows, in a variety of ways, that the opinion of another person can have practical relevance in one’s deliberations about what to do – e.g. as an argument, as a piece of expert advice, as a threat. Especially important among these forms of practical relevance is the relevance of authoritative commands. In the dialogue, the Laws of Athens argue that Socrates must accept his sentence of death, (...)
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  25. Education, Values and Authority: A Semiotic View.Eetu Pikkarainen - 2014 - In Inna Semetsky & Andrew Stables (eds.), Pedagogy and Edusemiotics: theoretical challenges/practical opportunities. Sense Publisher. pp. 91-105.
    How can we theoretically and philosophically study the problem of values and authority in the context of education? The chapter uses the framework of action theoretical semiotics developed mainly on the conceptual structures of Greimassian semiotic theory. This detailed and elaborated theory of human discourse (utilized usually in terms of literary and “cultural” texts) will be expanded by biosemiotic and Peircean points of view to fit in the special problem area of education as transformation or extension from the biosemiotic (...)
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  26. Doctors with Borders? An Authority-Based Approach to the Brain Drain.Alfonso Donoso & Alejandra Mancilla - 2017 - South African Journal of Philosophy 36 (1):69-77.
    According to the brain drain argument, there are good reasons for states to limit the exit of their skilled workers (more specifically, healthcare workers), because of the negative impacts this type of migration has for other members of the community from which they migrate. Some theorists criticise this argument as illiberal, while others support it and ground a duty to stay of the skilled workers on rather vague concepts like patriotic virtue, or the legitimate expectations of their state and co-citizens. (...)
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  27.  93
    Normative Consent and Authority.Daniel Koltonski - 2013 - Journal of Moral Philosophy 10 (3):255-275.
    In his recent book Democratic Authority, David Estlund defends a strikingly new and interesting account of political authority, one that makes use of a distinctive kind of hypothetical consent that he calls ‘normative consent’: a person can come to have a duty to obey another when it is the case that, were she given the chance to consent to the duty, she would have a duty to consent to it. If successful, Estlund’s account promises to provide what has (...)
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  28. On Legitimacy and Authority: A Response to Krehoff.Bas van der Vossen - 2008 - Res Publica 14 (4):299-302.
    In this paper I respond to Bernd Krehoff’s article ‘Legitimate Political Authority and Sovereignty: Why States Cannot Be the Whole Story’. I criticize Krehoff’s use of Raz’s theory of authority to evaluate the legitimacy of our political institutions. Krehoff argues that states cannot (always) claim exclusive authority and therefore cannot possess exclusive legitimacy. Although I agree with his conclusion, I argue that the questions of legitimacy and (Razian) authority are distinct and that we need to focus (...)
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  29. Law's Authority is Not a Claim to Preemption.Kenneth M. Ehrenberg - 2013 - In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oxford University Press. pp. 51.
    Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law to claim both (...)
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  30. Political Authority.John T. Sanders - 1983 - The Monist 66 (4):545-556.
    I begin this essay with a notion of "authority" that makes a sharp distinction between authority and power, and grant that such authority is not only legitimate, but perhaps even necessary in human affairs. I then trace the devaluation of this idea through varying degrees of institutionalization, culminating in its political cooptation. I argue, finally, that what goes by the name of political authority is the very antithesis of the legitimate and necessary element that we began (...)
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  31. Finlay on Legitimate Authority: A Critical Comment.Uwe Steinhoff - manuscript
    Christopher J. Finlay claims “that a principle of moral or legitimate authority is necessary in just war theory for evaluating properly the justifiability of violence by non-state entities when they claim to act on behalf of the victims of rights violations and political injustice.” In particular, he argues that states, unlike non-state actors, possess what he calls “Lesser Moral Authority.” This authority allegedly enables states to invoke “the War Convention,” which in turn entitles even individual soldiers on (...)
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  32. Liberal Foundations of Democratic Authority.Andrew Lister - 2010 - Representation 46 (1):19-34.
    In Democratic Authority, David Estlund argues that decision-procedures are to be judged solely by their tendency to generate morally superior decisions, but that because any relationship of authority must be acceptable to all qualified moral points of view, the epistemic benefits of less equal procedures must be evident beyond qualified objection. If all doctrines involved in political justification must be qualifiedly acceptable, however, the qualified acceptability requirement must itself be acceptable to qualified points of view. This article provides (...)
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  33.  81
    Attacking Authority.Matthews Steve - 2011 - Australian Journal of Professional and Applied Ethics 13 (2):59-70.
    The quality of our public discourse – think of the climate change debate for instance – is never very high. A day spent observing it reveals a litany of misrepresentation and error, argumentative fallacy, and a general lack of good will. In this paper I focus on a microcosmic aspect of these practices: the use of two types of argument – the argumentum ad hominem and appeal to authority – and a way in which they are related. Public debate (...)
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  34. Problems in the Theory of Democratic Authority.Christopher S. King - 2012 - Ethical Theory and Moral Practice 15 (4):431 - 448.
    This paper identifies strands of reasoning underlying several theories of democratic authority. It shows why each of them fails to adequately explain or justify it. Yet, it does not claim (per philosophical anarchism) that democratic authority cannot be justified. Furthermore, it sketches an argument for a perspective on the justification of democratic authority that would effectively respond to three problems not resolved by alternative theories—the problem of the expert, the problem of specificity, and the problem of deference. (...)
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  35.  85
    The Moral Authority of International Law.Anthony Reeves - 2010 - APA Newsletter on Philosophy and Law 10 (1):13-18.
    How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral (...)
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  36.  99
    Responsibility, Authority, and the Community of Moral Agents in Domestic and International Criminal Law.Ryan Long - 2014 - International Criminal Law Review 14 (4-5):836 – 854.
    Antony Duff argues that the criminal law’s characteristic function is to hold people responsible. It only has the authority to do this when the person who is called to account, and those who call her to account, share some prior relationship. In systems of domestic criminal law, this relationship is co-citizenship. The polity is the relevant community. In international criminal law, the relevant community is simply the moral community of humanity. I am sympathetic to his community-based analysis, but argue (...)
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  37.  91
    The Authority Account of Prudential Options.Keith Horton - 2015 - Southern Journal of Philosophy 53 (1):17-35.
    The Authority Account provides a new explanation why commonsense morality contains prudential options—options that permit agents to perform actions that promote their own wellbeing more than the action they have most reason to do, from the moral point of view. At the core of that explanation are two claims. The first is that moral requirements are traditionally widely taken to have an authoritative status; that is, to be rules that morality imposes by right. The second is that in order (...)
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  38. Self-Knowledge Failures and First Person Authority.Mark McCullagh - 2002 - Philosophy and Phenomenological Research 64 (2):365-380.
    Davidson and Burge have claimed that the conditions under which self-knowledge is possessed are such that externalism poses no obstacle to their being met by ordinary speakers and thinkers. On their accounts. no such person could fail to possess self-knowledge. But we do from time to time attribute to each other such failures; so we should prefer to their accounts an account that preserves first person authority while allowing us to make sense of what appear to be true attributions (...)
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  39.  42
    Occam’s Razor and Non-Voluntarist Accounts of Political Authority.Luke Maring - 2017 - Dialogue 56 (1):159-173.
    Certain non-voluntarists have recently defended political authority by advancing two-part views. First, they argue that the state, or the law, is best (or uniquely) capable of accomplishing something important. Second, they defend a substantive normative principle on which being so situated is sufficient for de jure authority. This paper uses widely accepted tenets to show that all such defenses of authority fail.
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  40.  36
    Preemptive Authority: The Challenge From Outrageous Expert Judgment.Thomas Grundmann - forthcoming - Episteme.
    Typically, expert judgments are regarded by laypeople as highly trustworthy. However, expert assertions that strike the layperson as obviously false or outrageous, seem to give one a perfect reason to dispute that this judgment manifests expertise. In this paper, I will defend four claims. First, I will deliver an argument in support of the preemption view on expert judgments according to which we should not rationally use our own domain-specific reasons in the face of expert testimony. Secondly, I will argue (...)
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  41.  92
    The Authority of Formality.Jack Woods - forthcoming - Oxford Studies in Metaethics 13.
    Etiquette and other merely formal normative standards like legality, honor, and rules of games are taken less seriously than they should be. While these standards aren’t intrinsically reason providing (or “substantive”) in the way morality is often taken to be, they also play an important role in our practical lives: we collectively treat them as important for assessing the behavior of ourselves and others and as licensing particular forms of sanction for violations. I here develop a novel account of the (...)
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  42. Standpoint Epistemology Without The?Standpoint??: An Examination of Epistemic Privilege and Epistemic Authority.Marianne Janack - 1997 - Hypatia: A Journal of Feminist Philosophy 12 (2):125-139.
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  43. Davidson, First-Person Authority, and the Evidence for Semantics.Steven Gross - 2012 - In Gerhard Preyer (ed.), Donald Davidson on Truth, Meaning, and the Mental. Oxford University Press. pp. 228-48.
    Donald Davidson aims to illuminate the concept of meaning by asking: What knowledge would suffice to put one in a position to understand the speech of another, and what evidence sufficiently distant from the concepts to be illuminated could in principle ground such knowledge? Davidson answers: knowledge of an appropriate truth-theory for the speaker’s language, grounded in what sentences the speaker holds true, or prefers true, in what circumstances. In support of this answer, he both outlines such a truth-theory for (...)
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  44. Locke on Political Authority and Conjugal Authority.Ruth Sample - 2000 - Locke Newsletter 31:115-146.
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  45.  71
    A Review of Linda Zagzebski's Epistemic Authority[REVIEW]Jonathan Matheson, Valerie Joly Chock, Jensen Alex & Kyle Mallard - 2017 - Social Epistemology Review and Reply Collective 6 (10):56-59.
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  46.  61
    Authority, Power, and Responsibility as Prerequisites of Decision-Making and Manifestation of the Management Style.Oksana Bryk & Mstyslav Kocharovskyi - 2018 - Psychology and Psychosocial Interventions 1:15-19.
    The article presents a theoretical study of the most common and actual theories and approaches to the problem of understanding the correlation between the usage of authority, power, and responsibility in management; their influence on making managerial decisions; and the management style overall. The study suggests that there are various different theories that attempt to explain the nature of leadership, management, and authority. -/- The study differentiates authority and power, with authority being an official right to (...)
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  47.  52
    Disaggregating Political Authority: What's Wrong with Rawlsian Civil Disobedience.Robert Jubb - forthcoming - Political Studies.
    John Rawls is a central figure in contemporary philosophical and theoretical discussions of civil disobedience, which hope to contribute to significant political debates around when and in which forms political dissent, protest and resistance are appropriate. Ignoring the frame in which Rawls discusses civil disobedience has led critics to wrongly attack his theory for being too restrictive when it is more likely to be too permissive. That permissiveness depends on treating any political order which does not come close to fulfilling (...)
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  48. Consent as the Foundation of Political Authority - A Lockean Perspective.Frank Dietrich - 2014 - Rationality, Markets and Morals 5:64-78.
    The article focuses on the justification provided by classical contract theory for the right of states to enact laws and the corresponding obligation of political allegiance. First the distinction between political authority and parental authority developed by John Locke in his seminal work “Two Treatises of Government” is explored. Thereafter it is discussed why the interests the individuals have in the creation of a state fail to vindicate the exercise of governmental power. As regards David Hume’s influential objections (...)
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  49.  43
    The Status of Authority in the Globalizing Economy: Beyond the Public/Private Distinction.Eva Hartmann & Poul F. Kjaer - 2018 - Indiana Journal of Global Legal Studies 25 (1):3 - 11.
    Over the past decades, the idea that national sovereignty and the authority of the state have been increasingly challenged or even substantially eroded has been a dominant one. Economic globalization advancing a neo-liberal dis-embedding of the economy is seen as the major reason for this erosion. Concerns have increased about the negative consequences for the social fabric of societies, deprived of the strong shock absorption capacity that the welfare states had established in the time of the embedded liberalism to (...)
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  50.  29
    From the Private to the Public to the Private? Historicizing the Evolution of Public and Private Authority.Poul F. Kjaer - 2018 - Indiana Journal of Global Legal Studies 25 (1):13 - 36.
    A central assumption in much contemporary scholarship is that a central shift has taken place over the course of the last four decades: a shift from a world largely centered on public authority to a world that is increasingly dominated by private authority. The central expression of this shift is seen to be a concurring move from public to private law and thus from legislation to contract as the central legal instrument structuring economic as well as other social (...)
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