Results for 'Robert Alexy'

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  1. Non-Positivism and Encountering a Weakened Necessity of the Separation Between Law and Morality – Reflections on the Debate Between Robert Alexy and Joseph Raz.Wei Feng - 2019 - Archiv Für Rechts- Und Sozialphilosophie, Beiheft 158:305-334.
    Nearly thirty years ago, Robert Alexy in his book The Concept and Validity of Law as well as in other early articles raised non-positivistic arguments in the Continental European tradition against legal positivism in general, which was assumed to be held by, among others, John Austin, Hans Kelsen and H.L.A. Hart. The core thesis of legal positivism that was being discussed among contemporary German jurists, just as with their Anglo- American counterparts, is the claim that there is no (...)
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  2. Constitutional Rights and Proportionality.Robert Alexy - 2014 - Revus 22:51-65.
    There are two basic views concerning the relationship between constitutional rights and proportionality analysis. The first maintains that there exists a necessary connection between constitutional rights and proportionality, the second argues that the question of whether constitutional rights and proportionality are connected depends on what the framers of the constitution have actually decided, that is, on positive law. The first thesis may be termed ‘necessity thesis’, the second ‘contingency thesis’. According to the necessity thesis, the legitimacy of proportionality analysis is (...)
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  3. Ustavna Prava I Proporcionalnost.Robert Alexy - 2014 - Revus 22:35-50.
    Dva su osnovna shvatanja odnosa između ustavnih prava i analize proporcionalnosti. Prvo drži da postoji nužna veza između ustavnih prava i proporcionalnosti; drugo tvrdi da pitanje o tome da li su ustavna prava i proporcionalnost povezani zavisi od toga šta su ustavotvorci zapravo odlučili, tj. zavisi od pozitivnog prava. Prva teza se može označiti kao “teza o nužnosti”, druga se može označiti kao “teza o kontingentnosti.” Prema tezi o nužnosti, legitimnost proporcionalnosti je pitanje prirode ustavnih prava, dok je prema tezi (...)
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  4.  39
    Informed Consent as a Fundamental Right: Immunity or Self-determination?Noelia Martinez-Doallo - 2015 - Anuario da Facultade de Dereito da Universidade da Coruña 19:509-518.
    The Spanish Constitutional Court (STC 37/2011, 28th March, among others) has established the right to physical and moral integrity as constitutional foundation for informed consent (article 15 CE). Informed consent has been shaped by the Spanish Constitutional Court as an inhibition duty for physicians, that is to say, the denial of physician’s power in Hohfeld’s wording. Since informed consent is defined as a negative or defense right, understanding it as a legal freedom or a right to self-determination would require a (...)
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  5. 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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  6. Menschenwürde, Persönlichkeit und die verfassungsmäßige Kontrolle. Oder: starke Normativität ohne Metaphysik?Wei Feng - 2021 - Archiv Für Rechts- Und Sozialphilosophie, Beiheft 165:23-61.
    The concept of human dignity has been criticized as either too thick or too thin. However, according to the non-positivistic standpoint, the legal normativity of human dignity can be justified and thus strengthened by means of its moral correctness. From the individual perspective, Mencius’ understanding of human dignity as an intrinsic value and Kant’s formula of ‘man as an end in itself’ can be adequately understood based on the differentiation of, as well as the connection between, principium diiudicationis and principium (...)
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  7. Teoria Democrática Contemporânea.Emanuel Isaque Cordeiro da Silva - manuscript
    A partir do século XIX, a teoria democrática foi desenvolvida com base no confronto entre duas doutrinas políticas: o liberalismo e o socialismo. O liberalismo é um projeto que defende as limitações dos poderes governamentais, buscando a proteção dos direitos econômicos, políticos, religiosos e intelectuais dos membros da sociedade. Ou seja, para os liberais o poder do Estado deve ser limitado, pois eles acreditam que a verdadeira liberdade depende da menor interferência possível do Estado e das leis nesses direitos. A (...)
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  8.  76
    A Consolidação da Sociedade Capitalista e a Ciência da Sociedade.Emanuel Isaque Cordeiro da Silva - manuscript
    PREMISSA No século XIX, ocorreram transformações impulsionadas pela emergência de novas fontes energéticas (água e petróleo), por novos ramos industriais e pela alteração profunda nos processos produtivos, com a introdução de novas máquinas e equipamentos. Depois de 300 anos de exploração por parte das nações europeias, iniciou -se, principalmente nas colônias latino-americanas, um processo intenso de lutas pela independência. É no século XIX, já com a consolidação do sistema capitalista na Europa, que se encontra a herança intelectual mais próxima da (...)
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  9. When Traditional Essentialism Fails: Biological Natural Kinds.Robert A. Wilson, Matthew J. Barker & Ingo Brigandt - 2007 - Philosophical Topics 35 (1-2):189-215.
    Essentialism is widely regarded as a mistaken view of biological kinds, such as species. After recounting why (sections 2-3), we provide a brief survey of the chief responses to the “death of essentialism” in the philosophy of biology (section 4). We then develop one of these responses, the claim that biological kinds are homeostatic property clusters (sections 5-6) illustrating this view with several novel examples (section 7). Although this view was first expressed 20 years ago, and has received recent discussion (...)
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  10. Challenges to the Hypothesis of Extended Cognition.Robert D. Rupert - 2004 - Journal of Philosophy 101 (8):389-428.
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  11. Boundaries of the Mind: The Individual in the Fragile Sciences - Cognition.Robert A. Wilson - 2004 - Cambridge University Press.
    Where does the mind begin and end? Most philosophers and cognitive scientists take the view that the mind is bounded by the skull or skin of the individual. Robert Wilson, in this provocative and challenging 2004 book, provides the foundations for the view that the mind extends beyond the boundary of the individual. The approach adopted offers a unique blend of traditional philosophical analysis, cognitive science, and the history of psychology and the human sciences. The companion volume, Genes and (...)
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  12. Autonomy and The Paradox of Self-Creation: Infinite Regresses, Finite Selves, and the Limits of Authenticity.Robert Noggle - 2008 - In James Stacey Taylor (ed.), Personal Autonomy: New Essays on Personal Autonomy and its Role in Contemporary Moral Philosophy. Cambridge University Press.
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  13. Metaphysical and Conceptual Grounding.Robert Smithson - 2020 - Erkenntnis 85 (6):1501-1525.
    Recently, many philosophers have claimed that the world has an ordered, hierarchical structure, where entities at lower ontological levels are said to metaphysically ground entities at higher ontological levels. Other philosophers have recently claimed that our language has an ordered, hierarchical structure. Semantically primitive sentences are said to conceptually ground less primitive sentences. It’s often emphasized that metaphysical grounding is a relation between things out in the world, not a relation between our sentences. But conflating these relations is easy to (...)
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  14. Manipulative Actions: A Conceptual and Moral Analysis.Robert Noggle - 1996 - American Philosophical Quarterly 33 (1):43 - 55.
    Manipulative actions come in a bewildering variety of forms: direct and indirect deception, playing on emotions, tempting, inciting, and so on. It is not obvious what feature all these actions share in virtue of which they are all of the same kind and in virtue of which they are all morally wrong. This article argues that all manipulative actions are cases in which the manipulator attempts to lead the victim astray by trying to get her to have emotions, beliefs, or (...)
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  15.  91
    Folk Core Beliefs About Color.Pendaran Roberts & Kelly Ann Schmidtke - 2019 - Review of Philosophy and Psychology 10 (4):849-869.
    Johnston famously argued that the colors are, more or less inclusively speaking, dispositions to cause color experiences by arguing that this view best accommodates his five proposed core beliefs about color. Since then, Campbell, Kalderon, Gert, Benbaji, and others, have all engaged with at least some of Johnston’s proposed core beliefs in one way or another. Which propositions are core beliefs is ultimately an empirical matter. We investigate whether Johnston’s proposed core beliefs are, in fact, believed by assessing the agreement/disagreement (...)
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  16. The Implausibility and Low Explanatory Power of the Resurrection Hypothesis—With a Rejoinder to Stephen T. Davis.Robert Greg Cavin & Carlos A. Colombetti - 2020 - Socio-Historical Examination of Religion and Ministry 2 (1):37-94.
    We respond to Stephen T. Davis’ criticism of our earlier essay, “Assessing the Resurrection Hypothesis.” We argue that the Standard Model of physics is relevant and decisive in establishing the implausibility and low explanatory power of the Resurrection hypothesis. We also argue that the laws of physics have entailments regarding God and the supernatural and, against Alvin Plantinga, that these same laws lack the proviso “no agent supernaturally interferes.” Finally, we offer Bayesian arguments for the Legend hypothesis and against the (...)
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  17.  68
    Spin-offs d’entreprises, une modalité d’innovation accélératrice de création de valeur.Alexis Royer - 2017 - Spin-Offs and Innovation.
    Quelle stratégie d’innovation choisir ? Comment la mettre en oeuvre ? Dans un contexte général de digitalisation et d’ubérisation des marchés, l’innovation, et notamment les innovations disruptives, sont des objectifs usuellement affichés dans les entreprises.
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  18. Building Ontologies with Basic Formal Ontology.Robert Arp, Barry Smith & Andrew D. Spear - 2015 - Cambridge, MA: MIT Press.
    In the era of “big data,” science is increasingly information driven, and the potential for computers to store, manage, and integrate massive amounts of data has given rise to such new disciplinary fields as biomedical informatics. Applied ontology offers a strategy for the organization of scientific information in computer-tractable form, drawing on concepts not only from computer and information science but also from linguistics, logic, and philosophy. This book provides an introduction to the field of applied ontology that is of (...)
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  19. Evidential Reasoning in Archaeology.Robert Chapman & Alison Wylie - 2016 - London: Bloomsbury Academic Publishing.
    Material traces of the past are notoriously inscrutable; they rarely speak with one voice, and what they say is never unmediated. They stand as evidence only given a rich scaffolding of interpretation which is, itself, always open to challenge and revision. And yet archaeological evidence has dramatically expanded what we know of the cultural past, sometimes demonstrating a striking capacity to disrupt settled assumptions. The questions we address in Evidential Reasoning are: How are these successes realized? What gives us confidence (...)
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  20. Moral Luck and The Unfairness of Morality.Robert J. Hartman - 2019 - Philosophical Studies 176 (12):3179-3197.
    Moral luck occurs when factors beyond an agent’s control positively affect how much praise or blame she deserves. Kinds of moral luck are differentiated by the source of lack of control such as the results of her actions, the circumstances in which she finds herself, and the way in which she is constituted. Many philosophers accept the existence of some of these kinds of moral luck but not others, because, in their view, the existence of only some of them would (...)
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  21. La Philosophie Bǎntu-Rwandaise de L’Être.Alexis Kagame - 1956 - Johnson Reprint.
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  22. Memory, Natural Kinds, and Cognitive Extension; or, Martians Don’T Remember, and Cognitive Science Is Not About Cognition.Robert D. Rupert - 2013 - Review of Philosophy and Psychology 4 (1):25-47.
    This paper evaluates the Natural-Kinds Argument for cognitive extension, which purports to show that the kinds presupposed by our best cognitive science have instances external to human organism. Various interpretations of the argument are articulated and evaluated, using the overarching categories of memory and cognition as test cases. Particular emphasis is placed on criteria for the scientific legitimacy of generic kinds, that is, kinds characterized in very broad terms rather than in terms of their fine-grained causal roles. Given the current (...)
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  23. Political Norms and Moral Values.Robert Jubb & Enzo Rossi - 2015 - Journal of Philosophical Research 40:455-458.
    This is a response to Erman and Moller's response to our reply to their 'Political Legitimacy in the Real Normative World', both also in this journal.
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  24. Representation and Mental Representation.Robert D. Rupert - 2018 - Philosophical Explorations 21 (2):204-225.
    This paper engages critically with anti-representationalist arguments pressed by prominent enactivists and their allies. The arguments in question are meant to show that the “as-such” and “job-description” problems constitute insurmountable challenges to causal-informational theories of mental content. In response to these challenges, a positive account of what makes a physical or computational structure a mental representation is proposed; the positive account is inspired partly by Dretske’s views about content and partly by the role of mental representations in contemporary cognitive scientific (...)
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  25. Permissivism and the Arbitrariness Objection.Robert Mark Simpson - 2017 - Episteme 14 (4):519-538.
    Permissivism says that for some propositions and bodies of evidence, there is more than one rationally permissible doxastic attitude that can be taken towards that proposition given the evidence. Some critics of this view argue that it condones, as rationally acceptable, sets of attitudes that manifest an untenable kind of arbitrariness. I begin by providing a new and more detailed explication of what this alleged arbitrariness consists in. I then explain why Miriam Schoenfield’s prima facie promising attempt to answer the (...)
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  26. Species: New Interdisciplinary Essays.Robert A. Wilson - 1999 - MIT Press.
    This collection of original essays--by philosophers of biology, biologists, and cognitive scientists--provides a wide range of perspectives on species. Including contributions from David Hull, John Dupre, David Nanney, Kevin de Queiroz, and Kim Sterelny, amongst others, this book has become especially well-known for the three essays it contains on the homeostatic property cluster view of natural kinds, papers by Richard Boyd, Paul Griffiths, and Robert A. Wilson.
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  27.  63
    Response to John D'Arcy May's Review of Facing Up to Real Doctrinal Difference: How Some Thought-Motifs From Derrida Can Nourish the Catholic-Buddhist Encounter by Robert Magliola.Robert Magliola - 2017 - Buddhist-Christian Studies 37:291-293.
    D'Arcy May, in his review, contends Magliola argues that the Buddhist doctrines of no-self and rebirth are contradictory, whereas Magliola in fact argues just the opposite--that these two Buddhist doctrines are not contradictory (and he explains why). What Magliola does contend is that Buddhist no-self and rebirth contradict the Catholic teachings of individual identity and "one life-span only." D'Arcy May's review contends that Magliola admits "authoritative statements" are "hard to come by" in Buddhism, whereas Magliola in his book contends that (...)
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  28. How to Situate Cognition: Letting Nature Take its Course.Robert A. Wilson & Andy Clark - 2009 - In Murat Aydede & P. Robbins (eds.), The Cambridge Handbook of Situated Cognition. Cambridge: Cambridge University Press. pp. 55--77.
    1. The Situation in Cognition 2. Situated Cognition: A Potted Recent History 3. Extensions in Biology, Computation, and Cognition 4. Articulating the Idea of Cognitive Extension 5. Are Some Resources Intrinsically Non-Cognitive? 6. Is Cognition Extended or Only Embedded? 7. Letting Nature Take Its Course.
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  29. The Self-Criticism of Science.Alexis Karpouzos (ed.) - 2013 - Think Lab.
    The contemporary philosophy of science (epistemology) featuring K.Popper, T.Kuhn, I.Lakatos, P.Feyerabend, Hanson among others, has exercised a decisive critique to the dominant views of the positivist and neo-positivist model of knowledge and has in fact undermined its credibility.
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  30. How to Be a Pessimist About Aesthetic Testimony.Robert Hopkins - 2011 - Journal of Philosophy 108 (3):138-157.
    Is testimony a legitimate source of aesthetic belief? Can I, for instance, learn that a film is excellent on your say-so? Optimists say yes, pessimists no. But pessimism comes in two forms. One claims that testimony is not a legitimate source of aesthetic belief because it cannot yield aesthetic knowledge. The other accepts that testimony can be a source of aesthetic knowledge, yet insists that some further norm prohibits us from exploiting that resource. I argue that this second form of (...)
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  31.  89
    Sociobiology.Robert A. Wilson - 2014 - Eugenics Archives.
    Sociobiology developed in the 1960s as a field within evolutionary biology to explain human social traits and behaviours. Although sociobiology has few direct connections to eugenics, it shares eugenics’ optimistic enthusiasm for extending biological science into the human domain, often with reckless sensationalism. Sociobiology's critics have argued that sociobiology also propagates a kind of genetic determinism and represents the zealous misapplication of science beyond its proper reach that characterized the eugenics movement. More recently, evolutionary psychology represents a sophistication of sociobiology (...)
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  32. Imagining the Past: On the Nature of Episodic Memory.Robert Hopkins - 2018 - In Fiona MacPherson Fabian Dorsch (ed.), Memory and Imagination. Oxford University Press.
    What kind of mental state is episodic memory? I defend the claim that it is, in key part, imagining the past, where the imagining in question is experiential imagining. To remember a past episode is to experientially imagine how things were, in a way controlled by one’s past experience of that episode. Call this the Inclusion View. I motive this view by appeal both to patterns of compatibilities and incompatibilities between various states, and to phenomenology. The bulk of the paper (...)
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  33.  77
    Genes and the Agents of Life: The Individual in the Fragile Sciences Biology.Robert A. Wilson - 2005 - New York, NY, USA: Cambridge University Press.
    Genes and the Agents of Life undertakes to rethink the place of the individual in the biological sciences, drawing parallels with the cognitive and social sciences. Genes, organisms, and species are all agents of life but how are each of these conceptualized within genetics, developmental biology, evolutionary biology, and systematics? The 2005 book includes highly accessible discussions of genetic encoding, species and natural kinds, and pluralism above the levels of selection, drawing on work from across the biological sciences. The book (...)
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  34. Rethinking Incest Avoidance: Beyond the Disciplinary Groove of Culture-First Views.Robert A. Wilson - 2020 - Biological Theory 16 (3):162-175.
    The Westermarck Effect posits that intimate association during childhood promotes human incest avoidance. In previous work, I articulated and defended a version of the Westermarck Effect by developing a phylogenetic argument that has purchase within primatology but that has had more limited appeal for cultural anthropologists due to their commitment to conventionalist or culture-first accounts of incest avoidance. Here I look to advance the discussion of incest and incest avoidance beyond culture-first accounts in two ways. First, I shall dig deeper (...)
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  35. Resisting the Seductive Appeal of Consequentialism: Goals, Options, and Non-Quantitative Mattering: Robert Noggle.Robert Noggle - 2003 - Utilitas 15 (3):279-307.
    Impartially Optimizing Consequentialism requires agents to act so as to bring about the best outcome, as judged by a preference ordering which is impartial among the needs and interests of all persons. IOC may seem to be only rational response to the recognition that one is only one person among many others with equal intrinsic moral status. A person who adopts a less impartial deontological alternative to IOC may seem to fail to take seriously the fact that other persons matter (...)
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  36. Colour Relationalism and the Real Deliverances of Introspection.Pendaran Roberts, James Andow & Kelly Schmidtke - 2014 - Erkenntnis 79 (5):1173-1189.
    Colour relationalism holds that the colours are constituted by relations to subjects. Anti-relationalists have claimed that this view stands in stark contrast to our phenomenally-informed, pre-theoretic intuitions. Is this claim right? Cohen and Nichols’ recent empirical study suggests not, as about half of their participants seemed to be relationalists about colour. Despite Cohen and Nichols’ study, we think that the anti-relationalist’s claim is correct. We explain why there are good reasons to suspect that Cohen and Nichols’ experimental design skewed their (...)
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  37. No Platforming.Robert Mark Simpson & Amia Srinivasan - 2018 - In Jennifer Lackey (ed.), Academic Freedom. Oxford, UK: pp. 186-209.
    This paper explains how the practice of ‘no platforming’ can be reconciled with a liberal politics. While opponents say that no platforming flouts ideals of open public discourse, and defenders see it as a justifiable harm-prevention measure, both sides mistakenly treat the debate like a run-of-the-mill free speech conflict, rather than an issue of academic freedom specifically. Content-based restrictions on speech in universities are ubiquitous. And this is no affront to a liberal conception of academic freedom, whose purpose isn’t just (...)
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  38. Indirectly Free Actions, Libertarianism, and Resultant Moral Luck.Robert J. Hartman - 2020 - Erkenntnis 85 (6):1417-1436.
    Martin Luther affirms his theological position by saying “Here I stand. I can do no other.” Supposing that Luther’s claim is true, he lacks alternative possibilities at the moment of choice. Even so, many libertarians have the intuition that he is morally responsible for his action. One way to make sense of this intuition is to assert that Luther’s action is indirectly free, because his action inherits its freedom and moral responsibility from earlier actions when he had alternative possibilities and (...)
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  39. Two Ways to Particularize a Property.Robert K. Garcia - 2015 - Journal of the American Philosophical Association 1 (4):635-652.
    Trope theory is an increasingly prominent contender in contemporary debates about the existence and nature of properties. But it suffers from ambiguity concerning the nature of a trope. Disambiguation reveals two fundamentally different concepts of a trope: modifier tropes and module tropes. These types of tropes are unequally suited for metaphysical work. Modifier tropes have advantages concerning powers, relations, and fundamental determinables, whereas module tropes have advantages concerning perception, causation, character-grounding, and the ontology of substance. Thus, the choice between modifier (...)
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  40. Against the Character Solution to the Problem of Moral Luck.Robert J. Hartman - 2020 - Australasian Journal of Philosophy 98 (1):105-118.
    One way to frame the problem of moral luck is as a contradiction in our ordinary ideas about moral responsibility. In the case of two identical reckless drivers where one kills a pedestrian and the other does not, we tend to intuit that they are and are not equally blameworthy. The Character Response sorts these intuitions in part by providing an account of moral responsibility: the drivers must be equally blameworthy, because they have identical character traits and people are originally (...)
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  41. Exit Left: Markets and Mobility in Republican Thought.Robert S. Taylor - 2017 - Oxford, UK: Oxford University Press.
    Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and resource exit from (...)
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  42. Benefiting From the Wrongdoing of Others.Robert E. Goodin & Christian Barry - 2014 - Journal of Applied Philosophy 31 (2):363-376.
    Bracket out the wrong of committing a wrong, or conspiring or colluding or conniving with others in their committing one. Suppose you have done none of those things, and you find yourself merely benefiting from a wrong committed wholly by someone else. What, if anything, is wrong with that? What, if any, duties follow from it? If straightforward restitution were possible — if you could just ‘give back’ what you received as a result of the wrongdoing to its rightful owner (...)
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  43. Disgust as Heuristic.Robert Fischer - 2016 - Ethical Theory and Moral Practice 19 (3):679-693.
    Suppose that disgust can provide evidence of moral wrongdoing. What account of disgust might make sense of this? A recent and promising theory is the social contagion view, proposed by Alexandra Plakias. After criticizing both its descriptive and normative claims, I draw two conclusions. First, we should question the wisdom of drawing so straight a line from biological poisons and pathogens to social counterparts. Second, we don’t need to explain the evidential value of disgust by appealing to what the response (...)
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  44. Whistleblowing and Employee Loyalty.Robert A. Larmer - 1992 - Journal of Business Ethics 11 (2):125 - 128.
    Discussions of whistleblowing and employee loyalty usually assume either that the concept of loyalty is irrelevant to the issue or, more commonly, that whistleblowing involves a moral choice in which the loyalty that an employee owes an employer comes to be pitted against the employee''s responsibility to serve public interest. I argue that both these views are mistaken and propose a third view which sees whistleblowing as entirely compatible with employee loyalty.
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  45. Parsing the Rainbow.Pendaran Roberts - 2014 - Synthese 191 (8):1793-1811.
    Navigating the ontology of color used to be a simple affair. There was the naive view that colors really are in objects the way they appear, and the view that they are secondary qualities to cause certain experiences in us. Today, there are myriad well-developed views but no satisfactory taxonomy of philosophical theories on color. In this article, I first examine the two newest taxonomies on offer and argue that they are inadequate. In particular, I look at Brogaard’s taxonomy and (...)
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  46. Constitutive Moral Luck and Strawson's Argument for the Impossibility of Moral Responsibility.Robert J. Hartman - 2018 - Journal of the American Philosophical Association 4 (2):165-183.
    Galen Strawson’s Basic Argument is that because self-creation is required to be truly morally responsible and self-creation is impossible, it is impossible to be truly morally responsible for anything. I contend that the Basic Argument is unpersuasive and unsound. First, I argue that the moral luck debate shows that the self-creation requirement appears to be contradicted and supported by various parts of our commonsense ideas about moral responsibility, and that this ambivalence undermines the only reason that Strawson gives for the (...)
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  47. Rawls’s Defense of the Priority of Liberty: A Kantian Reconstruction.Robert S. Taylor - 2003 - Philosophy and Public Affairs 31 (3):246–271.
    Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 of Theory, we (...)
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  48. Self-Realization and the Priority of Fair Equality of Opportunity.Robert Taylor - 2004 - Journal of Moral Philosophy 1 (3):333-347.
    The lexical priority of fair equality of opportunity in John Rawls’s justice as fairness, which has been sharply criticized by Larry Alexander and Richard Arneson among others, is left almost entirely undefended in Rawls’s works. I argue here that this priority rule can be successfully defended against its critics despite Rawls’s own doubts about it. Using the few textual clues he provides, I speculatively reconstruct his defense of this rule, showing that it can be grounded on our interest in self-realization (...)
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  49. Kant Does Not Deny Resultant Moral Luck.Robert J. Hartman - 2019 - Midwest Studies in Philosophy 43 (1):136-150.
    It is almost unanimously accepted that Kant denies resultant moral luck—that is, he denies that the lucky consequence of a person’s action can affect how much praise or blame she deserves. Philosophers often point to the famous good will passage at the beginning of the Groundwork to justify this claim. I argue, however, that this passage does not support Kant’s denial of resultant moral luck. Subsequently, I argue that Kant allows agents to be morally responsible for certain kinds of lucky (...)
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  50. Against Luck-Free Moral Responsibility.Robert J. Hartman - 2016 - Philosophical Studies 173 (10):2845-2865.
    Every account of moral responsibility has conditions that distinguish between the consequences, actions, or traits that warrant praise or blame and those that do not. One intuitive condition is that praiseworthiness and blameworthiness cannot be affected by luck, that is, by factors beyond the agent’s control. Several philosophers build their accounts of moral responsibility on this luck-free condition, and we may call their views Luck-Free Moral Responsibility (LFMR). I offer moral and metaphysical arguments against LFMR. First, I maintain that considerations (...)
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