Results for 'Douglas Kelbaugh'

333 found
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  1. (1 other version)Consequentializing.Douglas W. Portmore - forthcoming - Stanford Encyclopedia of Philosophy.
    This is an encyclopedia entry on consequentializing. It explains what consequentializing is, what makes it possible, why someone might be motivated to consequentialize, and how to consequentialize a non-consequentialist theory.
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  2. A Comprehensive Account of Blame: Self-Blame, Non-Moral Blame, and Blame for the Non-Voluntary.Douglas W. Portmore - 2022 - In Andreas Carlsson (ed.), Self-Blame and Moral Responsibility. New York, USA: Cambridge University Press.
    Blame is multifarious. It can be passionate or dispassionate. It can be expressed or kept private. We blame both the living and the dead. And we blame ourselves as well as others. What’s more, we blame ourselves, not only for our moral failings, but also for our non-moral failings: for our aesthetic bad taste, gustatory self-indulgence, or poor athletic performance. And we blame ourselves both for things over which we exerted agential control (e.g., our voluntary acts) and for things over (...)
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  3. Maximalism and Moral Harmony.Douglas W. Portmore - 2018 - Philosophy and Phenomenological Research (2):318-341.
    Maximalism is the view that an agent is permitted to perform a certain type of action if and only if she is permitted to perform some instance of this type, where φ-ing is an instance of ψ-ing if and only if φ-ing entails ψ-ing but not vice versa. Now, the aim of this paper is not to defend maximalism, but to defend a certain account of our options that when combined with maximalism results in a theory that accommodates the idea (...)
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  4. Consequentializing agent‐centered restrictions: A Kantsequentialist approach.Douglas W. Portmore - 2023 - Analytic Philosophy 64 (4):443-467.
    There is, on a given moral view, an agent-centered restriction against performing acts of a certain type if that view prohibits agents from performing an instance of that act-type even to prevent two or more others from each performing a morally comparable instance of that act-type. The fact that commonsense morality includes many such agent-centered restrictions has been seen by several philosophers as a decisive objection against consequentialism. Despite this, I argue that agent-centered restrictions are more plausibly accommodated within a (...)
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  5. Desert, Control, and Moral Responsibility.Douglas W. Portmore - 2019 - Acta Analytica 34 (4):407-426.
    In this paper, I take it for granted both that there are two types of blameworthiness—accountability blameworthiness and attributability blameworthiness—and that avoidability is necessary only for the former. My task, then, is to explain why avoidability is necessary for accountability blameworthiness but not for attributability blameworthiness. I argue that what explains this is both the fact that these two types of blameworthiness make different sorts of reactive attitudes fitting and that only one of these two types of attitudes requires having (...)
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  6. Transitivity, Moral Latitude, and Supererogation.Douglas W. Portmore - 2017 - Utilitas 29 (3):286-298.
    On what I take to be the standard account of supererogation, an act is supererogatory if and only if it is morally optional and there is more moral reason to perform it than to perform some permissible alternative. And, on this account, an agent has more moral reason to perform one act than to perform another if and only if she morally ought to prefer how things would be if she were to perform the one to how things would be (...)
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  7. Are Skill-Selective Immigration Policies Just?Douglas MacKay - 2016 - Social Theory and Practice 42 (1):123-154.
    Many high-income countries have skill-selective immigration policies, favoring prospective immigrants who are highly skilled. I investigate whether it is permissible for high-income countries to adopt such policies. Adopting what Joseph Carens calls a " realistic approach " to the ethics of immigration, I argue first that it is in principle permissible for high-income countries to take skill as a consideration in favor of selecting one prospective immigrant rather than another. I argue second that high-income countries must ensure that their skill-selective (...)
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  8. In Defense of (Some) Online Echo Chambers.Douglas R. Campbell - 2023 - Ethics and Information Technology 25 (3):1-11.
    In this article, I argue that online echo chambers are in some cases and in some respects good. I do not attempt to refute arguments that they are harmful, but I argue that they are sometimes beneficial. In the first section, I argue that it is sometimes good to be insulated from views with which one disagrees. In the second section, I argue that the software-design principles that give rise to online echo chambers have a lot to recommend them. Further, (...)
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  9. Control, Attitudes, and Accountability.Douglas W. Portmore - 2013 - In David Shoemaker (ed.), Oxford studies in agency and responsibility. Oxford: Oxford University Press.
    It seems that we can be directly accountable for our reasons-responsive attitudes—e.g., our beliefs, desires, and intentions. Yet, we rarely, if ever, have volitional control over such attitudes, volitional control being the sort of control that we exert over our intentional actions. This presents a trilemma: (Horn 1) deny that we can be directly accountable for our reasons-responsive attitudes, (Horn 2) deny that φ’s being under our control is necessary for our being directly accountable for φ-ing, or (Horn 3) deny (...)
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  10. Self‐Motion and Cognition: Plato's Theory of the Soul.Douglas R. Campbell - 2021 - Southern Journal of Philosophy 59 (4):523-544.
    I argue that Plato believes that the soul must be both the principle of motion and the subject of cognition because it moves things specifically by means of its thoughts. I begin by arguing that the soul moves things by means of such acts as examination and deliberation, and that this view is developed in response to Anaxagoras. I then argue that every kind of soul enjoys a kind of cognition, with even plant souls having a form of Aristotelian discrimination (...)
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  11. The Soul’s Tomb: Plato on the Body as the Cause of Psychic Disorders.Douglas R. Campbell - 2022 - Apeiron 55 (1):119-139.
    I argue that, according to Plato, the body is the sole cause of psychic disorders. This view is expressed at Timaeus 86b in an ambiguous sentence that has been widely misunderstood by translators and commentators. The goal of this article is to offer a new understanding of Plato’s text and view. In the first section, I argue that although the body is the result of the gods’ best efforts, their sub-optimal materials meant that the soul is constantly vulnerable to the (...)
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  12. The ethics of public policy RCTs: The principle of policy equipoise.Douglas MacKay - 2017 - Bioethics 32 (1):59-67.
    In this article, I ask whether a principle analogous to the principle of clinical equipoise should govern the design and conduct of RCTs evaluating the effectiveness of policy interventions. I answer this question affirmatively, and introduce and defend the principle of policy equipoise. According to this principle, all arms of a policy RCT must be, at minimum, in a state of equipoise with the best proven policy that is also morally and practically attainable and sustainable. For all arms of a (...)
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  13. (1 other version)The self-defeating character of skepticism.Douglas C. Long - 1992 - Philosophy and Phenomenological Research 52 (1):67-84.
    An important source of doubt about our knowledge of the "external world" is the thought that all of our sensory experience could be delusive without our realizing it. Such wholesale questioning of the deliverances of all forms of perception seems to leave no resources for successfully justifying our belief in the existence of an objective world beyond our subjective experiences. I argue that there is there is a fatal flaw in the very expression of philosophical doubt about the "external world." (...)
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  14. Causation.Douglas Kutach - 2014 - Malden, MA: Polity.
    In most academic and non-academic circles throughout history, the world and its operation have been viewed in terms of cause and effect. The principles of causation have been applied, fruitfully, across the sciences, law, medicine, and in everyday life, despite the lack of any agreed-upon framework for understanding what causation ultimately amounts to. In this engaging and accessible introduction to the topic, Douglas Kutach explains and analyses the most prominent theories and examples in the philosophy of causation. The book (...)
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  15. Morality and Practical Reasons.Douglas W. Portmore - 2021 - Cambridge, United Kingdom: Cambridge University Press.
    As Socrates famously noted, there is no more important question than how we ought to live. The answer to this question depends on how the reasons that we have for living in various different ways combine and compete. To illustrate, suppose that I've just received a substantial raise. What should I do with the extra money? I have most moral reason to donate it to effective charities but most self-interested reason to spend it on luxuries for myself. So, whether I (...)
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  16. Plato's Theory of Reincarnation: Eschatology and Natural Philosophy.Douglas R. Campbell - 2022 - Review of Metaphysics 75 (4):643-665.
    This article concerns the place of Plato’s eschatology in his philosophy. I argue that the theory of reincarnation appeals to Plato due to its power to explain how non-human animals came to be. Further, the outlines of this theory are entailed by other commitments, such as that embodiment disrupts psychic functioning, that virtue is always rewarded and vice punished, and that the soul is immortal. I conclude by arguing that Plato develops a view of reincarnation as the chief tool that (...)
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  17. Moral Worth and Our Ultimate Moral Concerns.Douglas W. Portmore - forthcoming - Oxford Studies in Normative Ethics.
    Some right acts have what philosophers call moral worth. A right act has moral worth if and only if its agent deserves credit for having acted rightly in this instance. And I argue that an agent deserves credit for having acted rightly if and only if her act issues from an appropriate set of concerns, where the appropriateness of these concerns is a function what her ultimate moral concerns should be. Two important upshots of the resulting account of moral worth (...)
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  18. Not Just A Tool: Why Social-Media Use Is Bad and Bad For Us, and The Duty to Quit.Douglas R. Campbell - 2024 - Journal of Global Ethics 20 (1):107-112.
    With an eye on the future of global ethics, I argue that social-media technologies are not morally neutral tools but are, for all intents and purposes, a kind of agent. They nudge us to do things that are bad for us. Moreover, I argue that we have a duty to quit using social-media platforms, not just on account of possible duties to preserve our own well-being but because users are akin to test subjects on whom developers are testing new nudges, (...)
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  19. Paternalism and Consent.Douglas Husak - 2015 - In Thomas Schramme (ed.), New Perspectives on Paternalism and Health Care. Cham: Springer Verlag.
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  20. Statutory Interpretation: Pragmatics and Argumentation.Douglas Walton, Fabrizio Macagno & Giovanni Sartor - 2021 - Cambridge: Cambridge University Press.
    Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons (...)
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  21. Organized Sound, Sounds Heard, and Silence.Douglas C. Wadle - 2023 - Ergo: An Open Access Journal of Philosophy 10.
    In this paper I argue that composer John Cage’s so-called ‘silent piece’, 4’33”, is music. I first defend it against the charge that it does not involve the organization of sound, which has been taken to be a necessary feature of music. I then argue that 4’33” satisfies the only other condition that must be met for it to be music: it bears the right socio-historical connections to its predecessors within its tradition (Western art music). I argue further that one (...)
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  22. The structure of commonsense morality: Consequentialist or non-consequentialist?Douglas William Portmore - 1998 - Dissertation, University of California, Santa Barbara
    In this dissertation, I argue that commonsense morality is best understood as an agent-relative consequentialist theory, that is, as a theory according to which agents ought always to bring about what is, from their own individual perspective, the best available state of affairs. I argue that the agent-relative consequentialist can provide the most plausible explanation for why it is wrong to commit a rights violation even in order to prevent a number of other agents from committing comparable rights violations: agents (...)
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  23. Immigrant Selection, Health Requirements, and Disability Discrimination.Douglas MacKay - 2018 - Journal of Ethics and Social Philosophy 14 (1).
    Australia, Canada, and New Zealand currently apply health requirements to prospective immigrants, denying residency to those with health conditions that are likely to impose an “excessive demand” on their publicly funded health and social service programs. In this paper, I investigate the charge that such policies are wrongfully discriminatory against persons with disabilities. I first provide a freedom-based account of the wrongness of discrimination according to which discrimination is wrong when and because it involves disadvantaging people in the exercise of (...)
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  24. Profiles of Dialogue for Relevance.Douglas Walton & Fabrizio Macagno - 2016 - Informal Logic 36 (4):523-562.
    This paper uses argument diagrams, argumentation schemes, and some tools from formal argumentation systems developed in artificial intelligence to build a graph-theoretic model of relevance shown to be applicable as a practical method for helping a third party judge issues of relevance or irrelevance of an argument in real examples. Examples used to illustrate how the method works are drawn from disputes about relevance in natural language discourse, including a criminal trial and a parliamentary debate.
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  25. Cancel Culture, Then and Now: A Platonic Approach to the Shaming of People and the Exclusion of Ideas.Douglas R. Campbell - 2023 - Journal of Cyberspace Studies 7 (2):147-166.
    In this article, I approach some phenomena seen predominantly on social-media sites that are grouped together as cancel culture with guidance from two major themes in Plato’s thought. In the first section, I argue that shame can play a constructive and valuable role in a person’s improvement, just as we see Socrates throughout Plato’s dialogues use shame to help his interlocutors improve. This insight can help us understand the value of shaming people online for, among other things, their morally reprehensible (...)
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  26. What Timaeus Can Teach Us: The Importance of Plato’s Timaeus in the 21st Century.Douglas R. Campbell - 2023 - Athena 18:58-73.
    In this article, I make the case for the continued relevance of Plato’s Timaeus. I begin by sketching Allan Bloom’s picture of the natural sciences today in The Closing of the American Mind, according to which the natural sciences are, objectionably, increasingly specialized and have ejected humans qua humans from their purview. I argue that Plato’s Timaeus, despite the falsity of virtually all of its scientific claims, provides a model for how we can pursue scientific questions in a comprehensive way (...)
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  27.  86
    Nudging and Social Media: The Choice Architecture of Online Life.Douglas R. Campbell - 2022 - Giornale Critico di Storia Delle Idee 2:93-114.
    This article is featured in a special issue dedicated to theme, "the human being in the digital era: awareness, critical thinking and political space in the age of the internet and artificial intelligence." In this article, I consider the way that social-media companies nudge us to spend more time on their platforms, and I argue that, in principle, these nudges are morally permissible: they are not manipulative and do not violate any obvious moral rules. The moral problem, I argue, is (...)
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  28. (2 other versions)A classification system for argumentation schemes.Douglas Walton & Fabrizio Macagno - 2015 - Argument and Computation 6 (3):219-245.
    This paper explains the importance of classifying argumentation schemes, and outlines how schemes are being used in current research in artificial intelligence and computational linguistics on argument mining. It provides a survey of the literature on scheme classification. What are so far generally taken to represent a set of the most widely useful defeasible argumentation schemes are surveyed and explained systematically, including some that are difficult to classify. A new classification system covering these centrally important schemes is built.
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  29. Sensory modalities and novel features of perceptual experiences.Douglas C. Wadle - 2020 - Synthese 198 (10):9841-9872.
    Is the flavor of mint reducible to the minty smell, the taste, and the menthol-like coolness on the roof of one’s mouth, or does it include something over and above these—something not properly associated with any one of the contributing senses? More generally, are there features of perceptual experiences—so-called novel features—that are not associated with any of our senses taken singly? This question has received a lot of attention of late. Yet surprisingly little attention has been paid to the question (...)
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  30. The Soul’s Tool: Plato on the Usefulness of the Body.Douglas R. Campbell - 2022 - Elenchos 43 (1):7-27.
    This paper concerns Plato’s characterization of the body as the soul’s tool. I take perception as an example of the body’s usefulness. I explore the Timaeus’ view that perception provides us with models of orderliness. Then, I argue that perception of confusing sensible objects is necessary for our cognitive development too. Lastly, I consider the instrumentality relationship more generally and its place in Plato’s teleological worldview.
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  31. A Policy of No Interest? The Permanent Zero Interest Rate, and the Evils of Capitalism.Alexander Douglas - manuscript
    In 1937 Joan Robinson proposed that “when capitalism is rightly understood, the rate of interest will be set at zero and the major evils of capitalism will disappear”. A permanent zero rate would abolish capitalist profit except in limited cases, leaving nearly all output to be claimed by labour as wages. It would allow capital to be allocated on the basis of prospective social benefit rather than short-term profitability and a collateral basis that favours the wealthy. It would remove some (...)
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  32. (1 other version)The physical foundations of causation.Douglas Kutach - 2007 - In Huw Price & Richard Corry (eds.), Causation, Physics and the Constitution of Reality: Russell’s Republic Revisited. New York: Oxford University Press.
    I defend what may loosely be called an eliminativist account of causation by showing how several of the main features of causation, namely asymmetry, transitivity, and necessitation, arise from the combination of fundamental dynamical laws and a special constraint on the macroscopic structure of matter in the past. At the microscopic level, the causal features of necessitation and transitivity are grounded, but not the asymmetry. At the coarse-grained level of the macroscopic physics, the causal asymmetry is grounded, but not the (...)
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  33. Parenting the Parents: The Ethics of Parent-Targeted Paternalism in the Context of Anti-poverty Policies.Douglas MacKay - 2019 - In Nicolás Brando & Gottfried Schweiger (eds.), Philosophy and Child Poverty: Reflections on the Ethics and Politics of Poor Children and Their Families. Springer. pp. 321-340.
    Governments often aim to improve children’s wellbeing by targeting the decision-making of their parents. In this paper, I explore this phenomenon, providing an ethical evaluation of the ways in which governments target parental decision-making in the context of anti-poverty policies. I first introduce and motivate the concept of parent-targeted paternalism to categorize such policies. I then investigate whether parent-targeted paternalism is ever pro tanto wrong, arguing that it is when directed at parents who meet a threshold of parental competency. I (...)
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  34. Wrenching from Context: The Manipulation of Commitments.Douglas Walton & Fabrizio Macagno - 2010 - Argumentation 24 (3):283-317.
    This article analyses the fallacy of wrenching from context, using the dialectical notions of commitment and implicature as tools. The data, a set of key examples, is used to sharpen the conceptual borderlines around the related fallacies of straw man, accent, misquotation, and neglect of qualifications. According to the analysis, the main characteristics of wrenching from context are the manipulation of the meaning of the other’s statement through devices such as the use of misquotations, selective quotations, and quoting out of (...)
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  35. Análise da interpretação possível do geocentrismo através das tradições de pesquisa.Douglas Antonio Bassani - 2023 - Griot : Revista de Filosofia 23:59-69.
    A pesquisa tem como objetivo analisar aspectos/elementos da cosmologia de Aristóteles a partir da filosofia da ciência de Larry Laudan. A tentativa é apresentar neste artigo uma interpretação possível sobre o processo evolutivo da cosmologia da época sob o enfoque da filosofia de Laudan, baseado nas tradições de pesquisa, teorias específicas, modelo reticulado, progresso científico, metodologia, axiologia, etc. Abordaremos sobre a questão da aceitação das teorias específicas, a questão da eficácia na resolução de problemas, entre outras questões importantes para a (...)
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  36. The logical reconstruction of pure exchange economics: Another alternative.Douglas Wade Hands - 1985 - Theory and Decision 19 (3):259-278.
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  37. Understanding the Enterprise Culture: Themes in the Work of Mary Douglas.S. H. Heap, Mary Douglas, Shaun Hargreaves Heap, Angus Ross & Reader in English Angus Ross - 1992
    "The enterprise initiative is probably the most significant political and cultural influence to have affected Western and Eastern Europe in the last decade. In this book, academics from a range of disciplines debate Mary Douglas's distinctive Grid Group cultural theory and examine how it allows us to analyse the complex relation between the culture of enterprise and its institutions. Mary Douglas, Britain's leading cultural anthropologist, contributes several chapters."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights (...)
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  38.  73
    Policy Equipoise and Interventional Superiority.Douglas MacKay - forthcoming - Journal of Development Effectiveness.
    According to the norm of policy equipoise, it is permissible to randomly assign participants to two or more interventions in a public policy randomized controlled trial (RCT) when there is meaningful uncertainty among the relevant expert community regarding which intervention is superior. While this norm is gaining traction in the research ethics literature, the idea of interventional superiority remains unclear. Is one intervention superior to another if it is reasonably expected to realize one outcome of interest more effectively, even though (...)
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  39. Metodologia e análise filosófica da ciência em Larry Laudan.Douglas Antonio Bassani, Cléria Maria Wendling & Osbaldo Washington Turpo Gebera - 2024 - ARGUMENTOS - Revista de Filosofia 31:205-217.
    Esta pesquisa analisa alguns tópicos sobre a metodologia de acordo com a filosofia da ciência de Larry Laudan, além de examinar, na área da educação, esta proposta de interpretação filosófica. Trouxemos como elementos algumas considerações e definições sobre a metodologia em Laudan, isto é, da metodologia como um instrumento para a realização da axiologia (que são as metas e os valores cognitivos), porém, apresentando também interessantes relações para com as teorias específicas, como o de justificar as teorias específicas e de (...)
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  40. Located in Space: Plato’s Theory of Psychic Motion.Douglas R. Campbell - 2022 - Ancient Philosophy 42 (2):419-442.
    I argue that Plato thinks that the soul has location, surface, depth, and extension, and that the Timaeus’ composition of the soul out of eight circles is intended literally. A novel contribution is the development of an account of corporeality that denies the entailment that the soul is corporeal. I conclude by examining Aristotle’s objection to the Timaeus’ psychology and then the intellectual history of this reading of Plato.
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  41. Nudging in Donation Policies: Registration and Decision-Making.Douglas MacKay & Katherine Saylor - 2021 - In Solveig Lena Hansen & Silke Schicktanz (eds.), Ethical Challenges of Organ Transplantation. Transcript Verlag. pp. 65-80.
    In this chapter, we provide an overview of the ethical considerations relevant to the use of nudges in organ donation policy. We do not defend a position on the permissibility of nudging in this context, but instead aim to clearly outline the strongest arguments on the different sides of this issue that have been presented in the English-language scholarly bioethics literature. We also highlight the questions that are in need of further investigation. In part 1, we briefly discuss nudging before (...)
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  42. Government Policy Experiments and the Ethics of Randomization.Douglas MacKay - 2020 - Philosophy and Public Affairs 48 (4):319-352.
    Governments are increasingly using randomized controlled trials (RCTs) to evaluate policy interventions. RCTs are often understood to provide the highest quality evidence regarding the causal efficacy of an intervention. While randomization plays an essential epistemic role in the context of policy RCTs however, it also plays an important distributive role. By randomly assigning participants to either the intervention or control arm of an RCT, people are subject to different policies and so, often, to different types and levels of benefits. In (...)
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  43. The Morality of Moral Neuroenhancement.Thomas Douglas - 2014 - In Levy Neil & Clausen Jens (eds.), Handbook on Neuroethics. Springer.
    This chapter reviews recent philosophical and neuroethical literature on the morality of moral neuroenhancements. It first briefly outlines the main moral arguments that have been made concerning moral status neuroenhancements. These are neurointerventions that would augment the moral status of human persons. It then surveys recent debate regarding moral desirability neuroenhancements: neurointerventions that augment that the moral desirability of human character traits, motives or conduct. This debate has contested, among other claims (i) Ingmar Persson and Julian Savulescu’s contention that there (...)
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  44. Why Katz is Wrong: A Lab-Created Creature Can Still Have an Ancient Evolutionary History.Douglas Ian Campbell - 2022 - Ethics, Policy and Environment 25 (2):109-112.
    Katz denies that organisms created in a lab as part of a de-extinction attempt will be authentic members of the extinct species, on the basis that they will lack the original species’ defining biological and evolutionary history. Against Katz, I note that an evolutionary lineage is conferred on an organism through its inheriting genes from forebears already possessed of such a lineage, and that de-extinction amounts to a delayed, human-assisted reproductive process, in which genes are inherited from forebears long dead. (...)
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  45. Deserving to Suffer.Douglas W. Portmore - forthcoming - The Journal of Ethics.
    I argue that the blameworthy deserve to suffer in that they deserve to feel guilt, which is the unpleasant experience of appreciating one’s apparent culpability for having done wrong. I argue that the blameworthy deserve to feel guilt because they owe it to those whom they’ve culpably wronged to (a) hold themselves accountable, (b) manifest the proper regard for those whom they’ve wronged, and (c) appreciate their culpability for, and the moral significance of, their wrongdoing. And I argue that the (...)
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  46. Causation and Its Basis in Fundamental Physics.Douglas Kutach - 2013 - New York: Oxford University Press.
    I provide a comprehensive metaphysics of causation based on the idea that fundamentally things are governed by the laws of physics, and that derivatively difference-making can be assessed in terms of what fundamental laws of physics imply for hypothesized events. Highlights include a general philosophical methodology, the fundamental/derivative distinction, and my mature account of causal asymmetry.
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  47. The Duty to Rescue and Investigators' Obligations.Douglas MacKay & Tina Rulli - 2017 - Kennedy Institute of Ethics Journal 27 (1):71-105.
    The duty to rescue is a highly plausible and powerful ethical principle. It requires agents to assist others in extreme need in cases where doing so does not conflict with some weighty moral aim; requires little personal sacrifice; and is likely to significantly benefit the recipients.1 As a general obligation, it binds all persons simply qua persons, and it is owed to all persons simply qua persons. Clinical investigators working in low-income countries frequently encounter sick or destitute people to whom (...)
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  48. Chapter 3 Efficiency and Wellbeing.Douglas MacKay - manuscript
    A principal rationale for public policy is to address market failures. Pareto efficiency is therefore a highly common and relatively non-controversial evaluative criterion for many policy analyses and is discussed at length in policy analysis texts. This makes sense, for Pareto improvements involve making at least one person better off without making anyone worse off. Who could object to that? But does efficiency deserve the prominence it enjoys in public policy? Is one policy option better than another, at least in (...)
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  49. Statutory Interpretation as Argumentation.Douglas Walton, Giovanni Sartor & Fabrizio Macagno - 2011 - In Colin Aitken, Amalia Amaya, Kevin D. Ashley, Carla Bagnoli, Giorgio Bongiovanni, Bartosz Brożek, Cristiano Castelfranchi, Samuele Chilovi, Marcello Di Bello, Jaap Hage, Kenneth Einar Himma, Lewis A. Kornhauser, Emiliano Lorini, Fabrizio Macagno, Andrei Marmor, J. J. Moreso, Veronica Rodriguez-Blanco, Antonino Rotolo, Giovanni Sartor, Burkhard Schafer, Chiara Valentini, Bart Verheij, Douglas Walton & Wojciech Załuski (eds.), Handbook of Legal Reasoning and Argumentation. Dordrecht, Netherland: Springer Verlag. pp. 519-560.
    This chapter proposes a dialectical approach to legal interpretation, consisting of three dimensions: a formalization of the canons of interpretation in terms of argumentation schemes; a dialectical classification of interpretive schemes; and a logical and computational model for comparing the arguments pro and contra an interpretation. The traditional interpretive maxims or canons used in both common and civil law are translated into defeasible patterns of arguments, which can be evaluated through sets of corresponding critical questions. These interpretive argumentation schemes are (...)
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  50. Argumentative reasoning patterns.Douglas Walton & Fabrizio Macagno - 2006 - In Douglas Walton & Fabrizio Macagno (eds.), Proceedings of 6th CMNA (Computational Models of Natural Argument) Workshop, ECAI-European Conference on Artificial Intelligence. University of Trento. pp. 48-51.
    The aim of the paper is to present a typology of argument schemes. In first place, we found it helpful to define what an argument scheme is. Since many argument schemes found in contemporary theories stem from the ancient tradition, we took in consideration classical and medieval dialectical studies and their relation with argumentation theory. This overview on the main works on topics and schemes provides a summary of the main principles of classification. In the second section, Walton’s theory is (...)
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