Results for 'Dworkin'

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Gerald Dworkin
University of California, Davis
  1. The Morality of Freedom. Joseph Raz.Gerald Dworkin - 1988 - Ethics 98 (4):850-852.
    This thesis examines the relationship between nihilism and postmodernism in relation to the sublime, and is divided into two parts: theory and literature. Beginning with histories of nihilism and the sublime, the Enlightenment is constructed as a conflict between the two. Rather than promote a simple binarism, however, nihilism is constructed as a temporally-displaced form of sublimity that is merely labelled as nihilism because of the dominant ideologies at the time. Postmodernism, as a product of the Enlightenment, is therefore implicitly (...)
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  2. Is the ‘Hate’ in Hate Speech the ‘Hate’ in Hate Crime? Waldron and Dworkin on Political Legitimacy.Rebecca Ruth Gould - 2019 - Jurisprudence 10 (2):171-187.
    Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequ...
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  3. Liberaler Egalitarismus (Dworkin).Christoph Schmidt-Petri - 2013 - In Rolf Gröschner, Kapust Antje & Lembcke Oliver W. (eds.), Wörterbuch der Würde. UTB Fink.
    This entry discusses (in German) the relevance of the concept of 'dignity' in the liberal egalitarianism of Ronald Dworkin.
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  4. Pornography, Hate Speech, and Their Challenge to Dworkin's Egalitarian Liberalism.Abigail Levin - 2009 - Public Affairs Quarterly 23 (4):357-373.
    Contemporary egalitarian liberals—unlike their classical counterparts—have lived through many contentious events where the right to freedom of expression has been tested to its limits—the Skokie, Illinois, skinhead marches, hate speech incidents on college campuses, Internet pornography and hate speech sites, Holocaust deniers, and cross-burners, to name just a few. Despite this contemporary tumult, freedom of expression has been nearly unanimously affirmed in both the U.S. jurisprudence and philosophical discourse. In what follows, I will examine Ronald Dworkin's influential contemporary justification (...)
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  5. Dworkin, Andrea.Sarah Hoffman - 2006 - In Alan Soble (ed.), Sex From Plato to Paglia. Greenwood. pp. 241-248.
    Born to secular Jewish parents and raised in Camden, New Jersey, Andrea Dworkin became a radical second-wave feminist. By Dworkin’s own account, her work is informed by a series of negative personal experiences, including sexual assault at age nine, again by doctors at the Women's House of Detention in New York in 1965, work as a prostitute, and marriage to a battering husband whom she left in 1971. While Dworkin self-identified as a lesbian, since 1974 she lived (...)
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  6.  41
    Book Review Religion Without God by Ronald Dworkin[REVIEW]Swami Narasimhananda - 2016 - Prabuddha Bharata or Awakened India 121 (5):482.
    In this collection of the Einstein Lectures delivered by the author at the University of Bern in December 2011, we find succinct and striking arguments that try to distinguish the debates on God from those on religion. Dworkin points out the religiosity prevalent in science and situates atheism also as ‘religious’.
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  7. Abortion: The Relevance of Personhood. A Critique of Dworkin.Jens Saugstad - 1995 - Zeitschrift für Philosophische Forschung 49 (4):571 - 583.
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  8.  55
    Taking Politics Seriously - but Not Too Seriously.Charles Blattberg - 2019 - Philosophy 94 (2):271-94.
    John Rawls’ gamification of justice leads him – along with many other monist political philosophers, not least Ronald Dworkin – to fail to take politics seriously enough. I begin with why we consider games frivolous and then show how Rawls’ theory of justice is not merely analogous to a game, as he himself seems to claim, but is in fact a kind of game. As such, it is harmful to political practice in two ways: one as regards the citizens (...)
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  9.  98
    Hybrid Dispositionalism and the Law.Teresa Marques - 2019 - In Kevin Toh, David Plunkett & Scott Shapiro (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
    Dworkin’s famous argument from legal disagreements poses a problem for legal positivism by undermining the idea that the law can be (just) the result of the practice and attitudes of norm-applying officials. In recent work, the chapter author argued that a hybrid contextualist theory paired with a dispositional theory of value—a hybrid dispositionalism, for short—offers the resources to respond to similar disagreement- based arguments in other evaluative and normative domains. This chapter claims that the theory the author advocates can (...)
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  10.  69
    Disadvantage, Autonomy, and the Continuity Test.Ben Colburn - 2014 - Journal of Applied Philosophy 31 (3):254-270.
    The Continuity Test is the principle that a proposed distribution of resources is wrong if it treats someone as disadvantaged when they don't see it that way themselves, for example by offering compensation for features that they do not themselves regard as handicaps. This principle — which is most prominently developed in Ronald Dworkin's defence of his theory of distributive justice — is an attractive one for a liberal to endorse as part of her theory of distributive justice and (...)
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  11. Metaethics for Everyone.Andrew Reisner - 2010 - Problema 4:39-64.
    As Dworkin puts it: moral scepticism is a moral view. This is in contrast to the more popular idea that the real challenge for moral realism is external scepticism, scepticism which arises because of non-moral considerations about the metaphysics of morality. I, too, do not concur with Dworkin’s strongest conclusions about the viability of external scepticism. But, I think his criticism of error scepticism offers a much needed corrective to more traditional metaethical projects. My aim in this paper (...)
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  12. Equality, Responsibility and Talent Slavery.Nicole A. Vincent - 2006 - Imprints 9 (2):118-39.
    Egalitarians must address two questions: i. What should there be an equality of, which concerns the currency of the ‘equalisandum’; and ii. How should this thing be allocated to achieve the so-called equal distribution? A plausible initial composite answer to these two questions is that resources should be allocated in accordance with choice, because this way the resulting distribution of the said equalisandum will ‘track responsibility’ — responsibility will be tracked in the sense that only we will be responsible for (...)
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  13.  86
    Hypothetical Insurance and Higher Education.Ben Colburn & Hugh Lazenby - 2016 - Journal of Philosophy of Education 50 (4):587-604.
    What level of government subsidy of higher education is justified, in what form, and for what reasons? We answer these questions by applying the hypothetical insurance approach, originally developed by Ronald Dworkin in his work on distributive justice. On this approach, when asking how to fund and deliver public services in a particular domain, we should seek to model what would be the outcome of a hypothetical insurance market: we stipulate that participants lack knowledge about their specific resources and (...)
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  14.  71
    A Normative Approach to Moral Realism.Gerald Hull - manuscript
    The realist belief in robustly attitude-independent evaluative truths – more specifically, moral truths – is challenged by Sharon Street’s essay “A Darwinian Dilemma for Realist Theories of Value”. We know the content of human normative beliefs and attitudes has been profoundly influenced by a Darwinian natural selection process that favors adaptivity. But if simple adaptivity can explain the content of our evaluative beliefs, any connection they might have with abstract moral truth would seem to be purely coincidental. She continues the (...)
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  15. Invisible Author of Legal Authority.William E. Conklin - 1996 - Law and Critique 7 (2):173-192.
    The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a (...)
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  16. Gerechtigkeit als Versicherung.Lars Roemheld - 2013 - Dissertation, Heidelberg University
    This thesis sketches a justification of a welfare state, defending it against both givers and receivers of redistribution. Following the ideas of Luck Egalitarianism, I argue that righteous wealth is the result of responsible decisions, and that the influence of luck should be minimized. Building on Ronald Dworkin's hypothetical insurance markets, I argue that a welfare system should be conceived of as a personal insurance, not a social luxury. The thesis is written in German.
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  17.  94
    Authority Without Identity: Defending Advance Directives Via Posthumous Rights Over One’s Body.Govind Persad - 2019 - Journal of Medical Ethics 45 (4):249-256.
    This paper takes a novel approach to the active bioethical debate over whether advance medical directives have moral authority in dementia cases. Many have assumed that advance directives would lack moral authority if dementia truly produced a complete discontinuity in personal identity, such that the predementia individual is a separate individual from the postdementia individual. I argue that even if dementia were to undermine personal identity, the continuity of the body and the predementia individual’s rights over that body can support (...)
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  18. Debate: Ideal Theory—A Reply to Valentini.Holly Lawford-Smith - 2010 - Journal of Political Philosophy 18 (3):357-368.
    In her ‘On the apparent paradox of ideal theory’, Laura Valentini combines three supposedly plausible premises to derive the paradoxical result that ideal theory is both unable to, and indispensable for, guiding action. Her strategy is to undermine one of the three premises by arguing that there are good and bad kinds of ideal theory, and only the bad kinds are vulnerable to the strongest version of their opponents’ attack. By undermining one of the three premises she releases ideal theorists (...)
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  19. In Defense of Hart.Matthew H. Kramer - 2013 - In Wil Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oxford University Press. pp. 22.
    In Legality Scott Shapiro seeks to provide the motivation for the development of his own elaborate account of law by undertaking a critique of H.L.A. Hart's jurisprudential theory. Hart maintained that every legal system is underlain by a rule of recognition through which officials of the system identify the norms that belong to the system as laws. Shapiro argues that Hart's remarks on the rule of recognition are confused and that his model of lawis consequently untenable. Shapiro contends that a (...)
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  20. An Account of the Democratic Status of Constitutional Rights.Iñigo González-Ricoy - 2013 - Res Publica 19 (3):241-256.
    The paper makes a twofold contribution. Firstly, it advances a preliminary account of the conditions that need to obtain for constitutional rights to be democratic. Secondly, in so doing, it defends precommitment-based theories from a criticism raised by Jeremy Waldron—namely, that constitutional rights do not become any more democratic when they are democratically adopted, for the people could adopt undemocratic policies without such policies becoming democratic as a result. The paper shows that the reductio applies to political rights, yet not (...)
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  21. The Cost of Free Speech: Pornography, Hate Speech, and Their Challenge to Liberalism.Abigail Levin - 2010 - Palgrave-Macmillan.
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  22. What is to Be Distributed?Rodney G. Peffer - 1998 - The Paideia Project.
    I take up the "What is equality?" controversy begun by Amartya Sen in 1979 by critically considering utility (J. S. Mill), primary goods (John Rawls), property rights (John Roemer) and basic capabilities in terms of what is to be distributed according to principles and theories of social justice. I then consider the four most general principles designed to answer issues raised by the Equality of Welfare principle, Equality of Opportunity for Welfare principle, Equality of Resources principle and Equality of Opportunity (...)
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  23.  24
    Rights and Reason: An Introduction to the Philosophy of Rights. [REVIEW]James Mahon - 2005 - International Journal of Philosophical Studies 13:285-289.
    In this review I consider Gorman's arguments for redescrbiing the history of ethics, from Plato to Isaiah Berlin, as the history of theories of human rights, and for the conclusions that human rights are dependent, that they change over time, and that they may conflict with each other. I disagree with his interpretations of Plato, Hobbes, and Kant, as well as the idea that their moral theories can be converted into theories of human rights without loss, and I argue that (...)
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  24.  45
    States and Citizens: History, Theory, Prospects.Annabelle Lever - 2005 - Contemporary Political Theory 4 (1):85-87.
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  25.  77
    The Hard Problem for Soft Moral Realism.Lei Zhong - forthcoming - Journal of Philosophy.
    Several leading moral philosophers have recently proposed a soft version of moral realism, according to which moral facts—though it is reasonable to postulate them—cannot metaphysically explain other facts (Dworkin 2011; Parfit 2011; Scanlon 2014). However, soft moral realism is faced with what I call the “Hard Problem”, namely, the problem of how this soft version of moral metaphysics could accommodate moral knowledge. This paper reconstructs three approaches to solving the Hard Problem on behalf of the soft realist: the autonomy (...)
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  26. Luck Egalitarianism.Carl Knight - 2013 - Philosophy Compass 8 (10):924-934.
    Luck egalitarianism is a family of egalitarian theories of distributive justice that aim to counteract the distributive effects of luck. This article explains luck egalitarianism's main ideas, and the debates that have accompanied its rise to prominence. There are two main parts to the discussion. The first part sets out three key moves in the influential early statements of Dworkin, Arneson, and Cohen: the brute luck/option luck distinction, the specification of brute luck in everyday or theoretical terms and the (...)
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  27. Nihilism, Nietzsche and the Doppelganger Problem.Charles R. Pigden - 2007 - Ethical Theory and Moral Practice 10 (5):441-456.
    Nihilism, Nietzsche and the Doppelganger Problem Was Nietzsche a nihilist? Yes, because, like J. L. Mackie, he was an error-theorist about morality, including the elitist morality to which he himself subscribed. But he was variously a diagnostician, an opponent and a survivor of certain other kinds of nihilism. Schacht argues that Nietzsche cannot have been an error theorist, since meta-ethical nihilism is inconsistent with the moral commitment that Nietzsche displayed. Schacht’s exegetical argument parallels the substantive argument (advocated in recent years (...)
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  28. Self-Ownership and the Limits of Libertarianism.Robert S. Taylor - 2005 - Social Theory and Practice 31 (4):465-482.
    In the longstanding debate between liberals and libertarians over the morality of redistributive labor taxation, liberals such as John Rawls and Ronald Dworkin have consistently taken the position that such taxation is perfectly compatible with individual liberty, whereas libertarians such as Robert Nozick and Murray Rothbard have adopted the (very) contrary position that such taxation is tantamount to slavery. In this paper, I argue that the debate over redistributive labor taxation can be usefully reconstituted as a debate over the (...)
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  29. Arthur Kaufmann – hermeneutyka prawnicza [Arthur Kaufmann – Legal Hermeneutics].Marek Piechowiak - 2008 - In Jerzy Zajadło (ed.), Przyszłość dziedzictwa. Robert Alexy, Ralf Dreier, Jürgen Habermas, Otfried Höffe, Arthur Kaufmann, Niklas Luhmann, Otta Weinberger: portrety filozofów prawa. Arche. pp. 135-167.
    Arthura Kaufmanna filozofia prawa wyrasta przede wszystkim z neokantyzmu aksjologicznego reprezentowanego przez „późnego” Gustava Radbrucha, którego uważał on za najważniejszego ze swych nauczycieli, oraz z hermeneutyki filozoficznej Hansa-Georga Gadamera. W późniejszym okresie znaczący wpływ na Kaufmanna wywarł Charles S. Peirce, którego pracami posiłkował się opracowując problematykę analogii (wiążąc ją z opracowanym przez Pierca zagadnieniem abdukcji) oraz ontologii relacji. Niektóre wątki poglądów Kaufmanna nawiązują do egzystencjalizmu Karla Jaspersa oraz antropologii Karla Löwitha. Obecne są także inspiracje tomistyczne i arystotelesowskie. Jest to filozofia (...)
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  30. There’s Nothing Quasi About Quasi-Realism: Moral Realism as a Moral Doctrine.Matthew Kramer - 2017 - The Journal of Ethics 21 (2):185-212.
    This paper seeks to clarify and defend the proposition that moral realism is best elaborated as a moral doctrine. I begin by upholding Ronald Dworkin’s anti-Archimedean critique of the error theory against some strictures by Michael Smith, and I then briefly suggest how a proponent of moral realism as a moral doctrine would respond to Smith’s defense of the Archimedeanism of expressivism. Thereafter, this paper moves to its chief endeavor. By differentiating clearly between expressivism and quasi-realism, the paper highlights (...)
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  31. Does Metaethics Rest on a Mistake? [REVIEW]Mark Eli Kalderon - 2013 - Analysis 73 (1):129-138.
    Review of part one of Ronald Dworkin's Justice for Hedgehogs.
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  32. Tolerating Hate in the Name of Democracy.Amanda Greene & Robert Mark Simpson - 2017 - Modern Law Review 80 (4):746-65.
    This article offers a comprehensive and critical analysis of Eric Heinze’s book Hate Speech and Democratic Citizenship (Oxford University Press, 2016). Heinze’s project is to formulate and defend a more theoretically complex version of the idea (also defended by people like Ronald Dworkin and James Weinstein) that general legal prohibitions on hate speech in public discourse compromises the state’s democratic legitimacy. We offer a detailed synopsis of Heinze’s view, highlighting some of its distinctive qualities and strengths. We then develop (...)
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  33.  16
    Metaethics in Context of Engineering Ethical and Moral Systems.Michal Klincewicz & Lily Frank - 2016 - In AAAI Spring Series Technical Reports. Palo Alto, CA, USA: AAAI Press.
    It is not clear to what the projects of creating an artificial intelligence (AI) that does ethics, is moral, or makes moral judgments amounts. In this paper we discuss some of the extant metaethical theories and debates in moral philosophy by which such projects should be informed, specifically focusing on the project of creating an AI that makes moral judgments. We argue that the scope and aims of that project depend a great deal on antecedent metaethical commitments. Metaethics, therefore, plays (...)
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  34. Distributive Luck.Carl Knight - 2012 - South African Journal of Philosophy 31 (2):541-559.
    This article explores the Rawlsian goal of ensuring that distributions are not influenced by the morally arbitrary. It does so by bringing discussions of distributive justice into contact with the debate over moral luck initiated by Williams and Nagel. Rawls’ own justice as fairness appears to be incompatible with the arbitrariness commitment, as it creates some equalities arbitrarily. A major rival, Dworkin’s version of brute luck egalitarianism, aims to be continuous with ordinary ethics, and so is (a) sensitive to (...)
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  35. Equality, Brute Luck, and Initial Opportunities.Peter Vallentyne - 2002 - Ethics 112:529-557.
    In the old days, material egalitarians tended to favor equality of outcome advantage, on some suitable conception of advantage (happiness, resources, etc.). Under the influence of Dworkin’s seminal articles on equality[i], contemporary material egalitarians have tended to favor equality of brute luck advantage—on the grounds that this permits people to be held appropriately accountable for the benefits and burdens of their choices. I shall argue, however, that a plausible conception of egalitarian justice requires neither that brute luck advantage always (...)
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  36. Despre baza principiului egalității umane fundamentale.Eugen Huzum - 2013 - Transilvania (3):1-7.
    One of the most important ideas of our times is the conviction that, despite their diversity, all humans have an equal basic moral status (or an equal fundamental worth and dignity), that they are, as Thomas Jefferson famously stated, “created equals” and they should (because they are entitled to) be treated as equals. In this article I defend the suggestion – stated by philosophers like Brian Barry, Ronald Dworkin or Joel Feinberg – that the principle of equal human worth (...)
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  37. Music Therapy and Dementia: Rethinking the Debate Over Advance Directives.Steve Matthews - 2014 - Ethics Education 20:18-35.
    Ronald Dworkin argued that Advance Directives informed by a principle of autonomy ought to guide decisions in relation to the treatment of those in care for dementia. The principle of autonomy in play presupposes a form of competence that is tied to the individual person making the Directive. This paper challenges this individualist assumption. It does so by pointing out that the competence of a patient is inherently relational, and the key illustrative case to make this point is the (...)
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  38.  12
    Can Natural Law Thinking Be Made Credible in Our Contemporary Context?Michael Baur - 2010 - In Christian Spieβ (ed.), Freiheit, Natur, Religion: Studien zur Sozialethik. Paderborn, Germany: pp. 277-297.
    One of the best-known members of the United Nations Commission which drafted the 1948 "Universal Declaration of Human Rights," Jacques Maritain, famously held that the "natural rights" or "human rights" possessed by every human being are grounded and justified by reference to the natural law.' In many quarters today, the notion of the natural law, and arguments for a set of natural rights grounded in the natural law, have come under fierce attack. One common line of attack is illustrated by (...)
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  39.  45
    The Debate on Constitutional Courts and Their Authority Between Legal and Political Constitutionalism.Valerio Fabbrizi - 2016 - Philosophica Critica 2 (2):47-70.
    The paper is focused on the criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty. This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish a possible rule of the judges (...)
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  40.  29
    Od eutanazie k infanticidě.Tomas Hribek - 2015 - Časopis Zdravotnického Práva a Bioetiky 5 (1):5-27.
    [From Euthanasia to Infanticide] The paper revisits the recent controversy over Dr. Mitlőhner’s defense of infanticide, published in this journal. In section 1, I point out the weaknesses of Mitlőhner’s paper. In sections 2 and 3 I turn to the most sophisticated defense of infanticide on offer today, that of Peter Singer’s. Section 2 sums up Singer’s description of the medical practice as already having abandoned the traditional ethic of equal value of all human lives, which motivates ethical revisionism. However, (...)
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  41.  87
    MORAL STRUCTURE OF LEGAL OBLIGATION.Kuczynski John-Michael - 2006 - Dissertation, University of California, Santa Barbara
    What are laws, and do they necessarily have any basis in morality? The present work argues that laws are governmental assurances of protections of rights and that concepts of law and legal obligation must therefore be understood in moral terms. There are, of course, many immoral laws. But once certain basic truths are taken into account – in particular, that moral principles have a “dimension of weight”, to use an expression of Ronald Dworkin’s, and also that principled relations are (...)
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  42. Morality, Politics, and Law.John-Michael Kuczynski - 2010 - Kendall Hunt Publishing.
    It is argued (a) that laws are assurances of protections of rights and (b) that governments are protectors of rights. Lest those assurances be empty and thus not really be assurances at all, laws must be enforced and governments must therefore have the power to coerce. For this reason, the government of a given region tends to have, as Max Weber put it, a "monopoly on power" in that region. And because governments are power-monopolizers, it is tempting to think that (...)
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  43.  31
    Distinguere uno Stato da una banda di ladri. Etica e diritto nel XX secolo.Daniela Tafani (ed.) - 2014 - Bologna: Il Mulino.
    Che cosa distingue, concettualmente, l’esattore delle tasse che esiga da un uomo, a pena di sanzioni, una determinata somma di denaro, dal bandito che gli intimi, sotto la minaccia di un’arma, di consegnargli la medesima somma? È sul soddisfacimento del requisito della giustizia che si fonda, come sostenne Agostino, l’eterogeneità tra uno Stato e un’accolita di furfanti? «Se non è rispettata la giustizia, che cosa sono gli Stati, se non delle grandi bande di ladri? Perché le bande di briganti che (...)
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  44.  36
    Making Good Sense: Pragmatism's Mastery of Meaning, Truth, and Workable Rule of Law.Harold Anthony Lloyd - forthcoming - Wake Forest Journal of Law and Policy.
    The hermeneutic pragmatism explored in this article timely examines how “post-truth” claims over-estimate semantic freedoms while at the same time underestimating semantic and pre-semantic restraints. Such pragmatism also timely examines how formalists err by committing the reverse errors. Drawing on insights from James, Peirce, Putnam, Rorty, Gadamer, Derrida, and others, such hermeneutic pragmatism explores (1) the necessary role of both internal and objective experience in meaning, (2) the resulting instrumental nature of concepts required to deal with such experience, (3) the (...)
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  45. The Impossibility of Political Neutrality.Noriaki Iwasa - 2010 - Croatian Journal of Philosophy 10 (2):147-155.
    For some contemporary liberal philosophers, a huge concern is liberal neutrality, which is the idea that the state should be neutral among competing conceptions of the moral good pursued by the people. In The Morality of Freedom, Joseph Raz argues that we can neither achieve nor even approximate such neutrality. He shows that neutrality and fairness are different ideas. His notion of neutrality is stricter than John Rawls's and Ronald Dworkin's. Raz shows that both helping and not helping can (...)
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  46.  3
    Diritti, equità, etica sociale: proposte e limiti del neocontrattualismo.Sergio Volodia Marcello Cremaschi - 1989 - Quaderni di Azione Sociale 35 (70):37-54.
    A short presentation of Rawl's theory of justice and its revision in 'Political Liberalism' with an overview of criticism by Ronald Dworkin, Robert Nozick, Alan Buchanan, Amartya Sen and John Harsanyi.
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