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Donald Hubin
Ohio State University
  1. Parental Rights and Due Process.Donald C. Hubin - 1999 - The Journal of Law and Family Studies 1 (2):123-150.
    The U.S. Supreme Court regards parental rights as fundamental. Such a status should subject any legal procedure that directly and substantively interferes with the exercise of parental rights to strict scrutiny. On the contrary, though, despite their status as fundamental constitutional rights, parental rights are routinely suspended or revoked as a result of procedures that fail to meet even minimal standards of procedural and substantive due process. This routine and cavalier deprivation of parental rights takes place in the context of (...)
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  2. Desires, Whims and Values.Donald C. Hubin - 2003 - The Journal of Ethics 7 (3):315-335.
    Neo-Humean instrumentalists hold that an agent's reasons for acting are grounded in the agent's desires. Numerous objections have been leveled against this view, but the most compelling concerns the problem of "alien desires" - desires with which the agent does not identify. The standard version of neo-Humeanism holds that these desires, like any others, generate reasons for acting. A variant of neo-Humeanism that grounds an agent's reasons on her values, rather than all of her desires, avoids this implication, but at (...)
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  3. The Moral Justification of Benefit/Cost Analysis: Donald C. Hubin.Donald C. Hubin - 1994 - Economics and Philosophy 10 (2):169-194.
    Benefit/cost analysis is a technique for evaluating programs, procedures, and actions; it is not a moral theory. There is significant controversy over the moral justification of benefit/cost analysis. When a procedure for evaluating social policy is challenged on moral grounds, defenders frequently seek a justification by construing the procedure as the practical embodiment of a correct moral theory. This has the apparent advantage of avoiding difficult empirical questions concerning such matters as the consequences of using the procedure. So, for example, (...)
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  4. Irrational Desires.Donald C. Hubin - 1991 - Philosophical Studies 62 (1):23 - 44.
    Many believe that the rational evaluation of actions depends on the rational evaluation of even basic desires. Hume, though, viewed desires as "original existences" which cannot be contrary to either truth or reason. Contemporary critics of Hume, including Norman, Brandt and Parfit, have sought a basis for the rational evaluation of desires that would deny some basic desires reason-giving force. I side with Hume against these modern critics. Hume's concept of rational evaluation is admittedly too narrow; even basic desires are, (...)
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  5. What's Special About Humeanism.Donald C. Hubin - 1999 - Noûs 33 (1):30-45.
    One of the attractions of the Humean instrumentalist theory of practical rationality is that it appears to offer a special connection between an agent's reasons and her motivation. The assumption that Humeanism is able to assert a strong connection between reason and motivation has been challenged, most notably by Christine Korsgaard. She argues that Humeanism is not special in the connection it allows to motivation. On the contrary, Humean theories of practical rationality do connect reasons and motivation in a unique (...)
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  6. The Groundless Normativity of Instrumental Rationality.Donald C. Hubin - 2001 - Journal of Philosophy 98 (9):445-468.
    Neo-Humean instrumentalist theories of reasons for acting have been presented with a dilemma: either they are normatively trivial and, hence, inadequate as a normative theory or they covertly commit themselves to a noninstrumentalist normative principle. The claimed result is that no purely instrumentalist theory of reasons for acting can be normatively adequate. This dilemma dissolves when we understand what question neo-Humean instrumentalists are addressing. The dilemma presupposes that neo-Humeans are attempting to address the question of how to act, 'simpliciter'. Instead, (...)
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  7. Hypothetical Motivation.Donald C. Hubin - 1996 - Noûs 30 (1):31-54.
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  8. Rape and the Reasonable Man.Donald C. Hubin & Karen Haely - 1999 - Law and Philosophy 18 (2):113-139.
    Standards of reasonability play an important role in some of the most difficult cases of rape. In recent years, the notion of the reasonable person has supplanted the historical concept of the reasonable man as the test of reasonability. Contemporary feminist critics like Catharine MacKinnon and Kim Lane Scheppele have challenged the notion of the reasonable person on the grounds that reasonability standards are gendered to the ground and so, in practice, the reasonable person is just the reasonable man in (...)
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  9. Daddy Dilemmas: Untangling the Puzzles of Paternity.Donald C. Hubin - 2003 - Cornell Journal of Law and Public Policy 13 (29):29-80.
    Though most children can easily answer the question, "Who's your daddy?", the concept of paternity is complex and multifaceted. Courts have stumbled in answering it. In order to ground paternal rights and obligations in a satisfactory way, we need to disaggregate the various elements of stereotypical paternity. It is not sufficient merely to separate social from biological paternity. The latter concept, itself, is complex. We need to separate the procreative element of paternity from the genetic relationship.
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  10. Non-Tuism.Donald C. Hubin - 1991 - Canadian Journal of Philosophy 21 (4):441 - 468.
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  11. Self-Subverting Principles of Choice.Michael Perkins & Donald C. Hubin - 1986 - Canadian Journal of Philosophy 16 (1):1 - 10.
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  12. Converging on Values.Donald C. Hubin - 1999 - Analysis 59 (4):355–361.
    In 'The Moral Problem', Michael Smith defends a conception of normative reasons that is nonrelative. Given his understanding of normative reasons, nonrelativity commits him to the convergence hypothesis: that, as a result of the process or correction of beliefs and rational deliberation, 'all' agents would converge on having the same set of desires. I develop several reasons for being pessimistic about the truth of this hypothesis. As a result, if normative reasons exist, we have a reason to be skeptical of (...)
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  13. Providing for Rights.Donald C. Hubin & Mark B. Lambeth - 1988 - Dialogue 27 (3):489-.
    Gauthier's version of the Lockean proviso (in Morals by Agreement) is inappropriate as the foundation for moral rights he takes it to be. This is so for a number of reasons. It lacks any proportionality test thus allowing arbitrarily severe harms to others to prevent trivial harms to oneself. It allows one to inflict any harm on another provided that if one did not do so, someone else would. And, by interpreting the notion of bettering or worsening one's position in (...)
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