Results for 'contractualism'

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  1. Ex Ante and Ex Post Contractualism: A Synthesis.Jussi Suikkanen - 2019 - Journal of Ethics 23 (1):77-98.
    According to contractualist theories in ethics, whether an action is wrong is determined by whether it could be justified to others on grounds no one could reasonably reject. Contractualists then think that reasonable rejectability of principles depends on the strength of the personal objections individuals can make to them. There is, however, a deep disagreement between contractualists concerning from which temporal perspective the relevant objections to different principles are to be made. Are they to be made on the basis of (...)
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  2. Contractualism and Radical Pluralism.Nicholas Southwood - 2019 - Journal of Moral Philosophy 16 (2):225-238.
    Abstract: How should contractualists seek to accommodate and respond to the existence of radical pluralism within contemporary liberal states? Ryan Muldoon has recently argued that a) the dominant Kantian liberal model of contractualism is hopelessly ill equipped to do so but that b) there is a particular kind of Hobbesian contractualism that can do much better. I raise some problems concerning the capacity of Muldoonian contractualism to respond appropriately to the problem of radical pluralism. I then propose (...)
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  3. Contractualism for Us As We Are.Nicholas Southwood - forthcoming - Philosophy and Phenomenological Research.
    A difficult problem for contractualists is how to provide an interpretation of the contractual situation that is both subject to appropriately stringent constraints and yet also appropriately sensitive to certain features of us as we actually are. My suggestion is that we should embrace a model of contractualism that is structurally analogous to the “advice model” of the ideal observer theory famously proposed by Michael Smith (1994; 1995). An advice model of contractualism is appealing since it promises to (...)
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  4. Of Metaethics and Motivation: The Appeal of Contractualism.Pamela Hieronymi - 2011 - In R. Jay Wallace, Rahul Kumar & Samuel Richard Freeman (eds.), Reasons and Recognition: Essays on the Philosophy of T. M. Scanlon. Oxford University Press.
    In 1982, when T. M. Scanlon published “Contractualism and Utilitarianism,” he noted that, despite the widespread attention to Rawls’ A Theory of Justice, the appeal of contractualism as a moral theory had been under appreciated. In particular, the appeal of contractualism’s account of what he then called “moral motivation” had been under appreciated.1 It seems to me that, in the intervening quarter century, despite the widespread discussion of Scanlon’s work, the appeal of contractualism, in precisely this (...)
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  5. Contractualism and Punishment.Hon-Lam Li - 2015 - Criminal Justice Ethics 34 (2):177-209.
    T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An (...)
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  6. Contractualism and the Death Penalty.Li Hon Lam - 2017 - Criminal Justice Ethics 36 (2):152-182.
    It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5%of all convictions in capital rape-murder cases in the U.S. in the 1980s were erroneous convictions. Given this fact, what normative conclusions can be drawn? First, the article argues that a moderately revised version of Scanlon’ s contractualism offers an attractive moral vision that is different from utilitarianism or other consequentialist theories, or from purely deontological theories. It then brings this (...)
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  7.  89
    Contractualism, Person-Affecting Wrongness and the Non-Identity Problem.Corey Katz - 2018 - Ethical Theory and Moral Practice 21 (1):103-119.
    A number of theorists have argued that Scanlon's contractualist theory both "gets around" and "solves" the non-identity problem. They argue that it gets around the problem because hypothetical deliberation on general moral principles excludes the considerations that lead to the problem. They argue that it solves the problem because violating a contractualist moral principle in one's treatment of another wrongs that particular other, grounding a person-affecting moral claim. In this paper, I agree with the first claim but note that all (...)
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  8. Contractualism and Climate Change.Jussi Suikkanen - 2014 - In Marcello Di Paola & Gianfranco Pellegrino (eds.), Canned Heat: Ethics and Politics of Climate Change. Routledge. pp. 115-128.
    Climate change is ‘a complex problem raising issues across and between a large number of disciplines, including physical and life sciences, political science, economics, and psychology, to name just a few’ (Gardiner 2006: 397). It is also a moral problem. Therefore, in this chapter, I will consider what kind of a contribution an ethical theory called ‘contractualism’ can make to the climate change debates. This chapter first introduces contractualism. It then describes a simple climate change scenario. The third (...)
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  9. Contractualism and the Conditional Fallacy.Jussi Suikkanen - 2014 - Oxford Studies in Normative Ethics 4:113-137.
    Most contractualist ethical theories have a subjunctivist structure. This means that they attempt to make sense of right and wrong in terms of a set of principles which would be accepted in some idealized, non-actual circumstances. This makes these views vulnerable to the so-called conditional fallacy objection. The moral principles that are appropriate for the idealized circumstances fail to give a correct account of what is right and wrong in the ordinary situations. This chapter uses two versions of contractualism (...)
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  10.  91
    Contractualism as Restricted Constructivism.Jussi Suikkanen - 2018 - Topoi 37 (4):571-579.
    Metaethics is often dominated by both realist views according to which moral claims are made true by either non-natural or natural properties and by non-cognitivist views according to which these claims express desire-like attitudes. It is sometimes suggested that constructivism is a fourth alternative, but it has remained opaque just how it differs from the other views. To solve this problem, this article first describes a clear constructivist theory based on Crispin Wright’s anti-realism. It then outlines an argumentative strategy that (...)
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  11.  61
    Contractualism and the Counter-Culture Challenge.Jussi Suikkanen - 2017 - Oxford Studies in Normative Ethics 7:184-206.
    T. M. Scanlon’s contractualism attempts to give an account of right and wrong in terms of the moral code that could not be reasonably rejected. Reasonable rejectability is then a function of what kind of consequences the general adoption of different moral codes has for different individuals. It has been shown that moral codes should be compared at a lower than 100% level of social acceptance. This leads to the counter-culture challenge. The problem is that the cultural background of (...)
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  12. Contractualism and Poverty Relief.Pablo Gilabert - 2007 - Social Theory and Practice 33 (2):277-310.
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  13. Must Kantian Contractualism and Rule-Consequentialism Converge?Brad Hooker - 2014 - Oxford Studies in Normative Ethics 4:34-52.
    Derek Parfit’s On What Matters endorses Kantian Contractualism, the normative theory that everyone ought to follow the rules that everyone could rationally will that everyone accept. This paper explores Parfit’s argument that Kantian Contractualism converges with Rule Consequentialism. A pivotal concept in Parfit’s argument is the concept of impartiality, which he seems to equate agent-neutrality. This paper argues that equating impartiality and agent-neutrality is insufficient, since some agent-neutral considerations are silly and some are not impartial. Perhaps more importantly, (...)
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  14.  68
    Contractualism and the Second-Person Moral Standpoint.Herlinde Pauer-Studer - 2014 - Grazer Philosophische Studien 90 (1):149-168.
    This article explores Darwall’s second-­‐personal account of morality, which draws on Fichte’s practical philosophy, particularly Fichte’s notions of a summons and principle of right. Darwall maintains that Fichte offers a philosophically more appealing account of relations of right than Kant. Likewise, he thinks that his second-­‐personal interpretation of morality gives rise to contractualism. I reject Darwall’s criticism of Kant’s conception of right. Moreover, I try to show that Darwall’s second-­‐personal conception of morality relies on a Kantian form of (...). Instead of accepting Darwall’s claim that contractualism depends upon a second-­‐personal account of morality, I will argue that contractualism provides the foundations not only for second-­‐personal moral relations, but also for first-­‐personal moral authority. (shrink)
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  15. The Democracy/Contractualism Analogy.David Estlund - 2003 - Philosophy and Public Affairs 31 (4):387-412.
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  16. How (Not) to Argue for the Rule of Rescue. Claims of Individuals Versus Group Solidarity.Marcel Verweij - 2015 - In Gohen Glen, Daniels Norman & Eyal Nir (eds.), Identified versus Statistical Victims. An Interdisciplinary Perspective. Oxford University Press. pp. 137-149.
    The rule of rescue holds that special weight should be given to protecting the lives of assignable individuals in need, implying that less weight is given to considerations of cost-effectiveness. This is sometimes invoked as an argument for funding or reimbursing life-saving treatment in public healthcare even if the costs of such treatment are extreme. At first sight one might assume that an individualist approach to ethics—such as Scanlon’s contractualism—would offer a promising route to justification of the rule of (...)
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  17.  84
    Nāgārjuna and Madhyāmaka Ethics (Ethics-1, M32).Shyam Ranganathan - 2016 - In A. Raghuramaraju (ed.), Philosophy, E-PG Pathshala. Delhi: India, Department of Higher Education (NMEICT).
    Nāgārjuna’s “middle path” charts a course between two extremes: Nihilism, and Absolutism, not unlike earlier Buddhism. However, as early Buddhists countinanced constituents of reality as characterizable by essences while macroscopic objects lack such essences, Nāgārjuna argues that all things lack what he calls svabhāva – “own being” – the Sanskrit term for essence. Since everything lacks an essence, it is Empty (śūnya). To lack an essence is to lack autonomy. The corollary of this is that all things are interrelated. The (...)
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  18. Should Losses Count? A Critique of the Complaint Model.Alex Voorhoeve - 2006 - Choice Group Working Papers.
    The Complaint Model is an interpretation of Scanlon’s contractualism which holds that (1) an individual can reasonably reject a distribution of well-being when her complaint against that distribution is larger than any other person’s complaint against any other distribution. The Complaint Model further holds that (2) the size of an individual’s complaint against a distribution is a function of (2a) her absolute level of well-being under that distribution, with the size of her complaint increasing as her absolute level of (...)
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  19. The Rights of the Guilty: Punishment and Political Legitimacy.Corey Brettschneider - 2007 - Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...)
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  20. Standard Threats: How to Violate Basic Human Rights.Anthony R. Reeves - 2015 - Social Theory and Practice 41 (3):403-434.
    The paper addresses the nature of duties grounded in human rights. Rather than being protections against harm, per se, I contend that human rights largely shield against risk impositions to protected interests. “Risk imposition” is a normative idea requiring explication, but understanding dutiful action in its terms enables human rights to provide prospective policy guidance, hold institutions accountable, operate in non-ideal circumstances, embody impartiality among persons, and define the moral status of agencies in international relations. Slightly differently, I indicate a (...)
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  21. Mental Time-Travel, Semantic Flexibility, and A.I. Ethics.Marcus Arvan - forthcoming - AI and Society:1-20.
    This article argues that existing approaches to programming ethical AI fail to resolve a serious moral-semantic trilemma, generating interpretations of ethical requirements that are either too semantically strict, too semantically flexible, or overly unpredictable. This paper then illustrates the trilemma utilizing a recently proposed ‘general ethical dilemma analyzer,’ _GenEth_. Finally, it uses empirical evidence to argue that human beings resolve the semantic trilemma using general cognitive and motivational processes involving ‘mental time-travel,’ whereby we simulate different possible pasts and futures. I (...)
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  22.  26
    Community Disintegration or Moral Panic? Young People and Family Care.Donna Dickenson - 1999 - In Michael Parker (ed.), Ethics and Community in the Health Care Professions. London: Routledge. pp. 62-78.
    The spread of liberal individualism to the family is often portrayed as deeply inimical to the welfare of children and young people. In this view, the family is the bastion of the private and the antithesis of the contractual, rights-oriented model that underpins public life. This chapter examines that proposition critically.
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  23. Hobbes and Normative Egoism.Alex Worsnip - 2015 - Archiv für Geschichte der Philosophie 97 (4):481-512.
    Is Hobbes a normative egoist? That is: does Hobbes think that an agent’s normative reasons are all grounded in her own good? A once-dominant tradition of Hobbes scholarship answers ‘yes’. In an important recent work, however, S.A. Lloyd has argued that the answer to the question is ‘no’, and built an alternative non-egoistic interpretation of Hobbes that stresses reciprocity and mutual justifiability. My aim in this paper is to articulate and defend an original ‘middle way’ interpretation of Hobbes which steers (...)
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  24. On Public Happiness.Vasti Roodt - 2014 - South African Journal of Philosophy 33 (4):455–467.
    Theories of happiness usually consider happiness as something that matters to us from a first-person perspective. In this paper, I defend a conception of public happiness that is distinct from private or first-person happiness. Public happiness is presented as a feature of the system of right that defines the political relationship between citizens, as opposed to their personal mental states, desires or well-being. I begin by outlining the main features of public happiness as an Enlightenment ideal. Next, I relate the (...)
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  25. The Role of Philosophers in RCR Training.Comstock Gary - 2014 - Journal of Microbiology Biological Education 15 (2):139-142.
    The expanding moral circle lends coherence to the usual hodge-podge of canonical RCR topics. As it is in a person’s own interest to report falsification, understand fabrication, avoid plagiarism, beware of intuition, and justify one’s decisions, it is useful to begin RCR discussions with the principle that we ought to do what is in our own long-term best interests. As it is in the interest of a person’s research group to articulate their reasons for their conclusions, to write cooperatively, review (...)
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  26. Unsavory Implications of a Theory of Justice and the Law of Peoples: The Denial of Human Rights and the Justification of Slavery.Uwe Steinhoff - 2012 - Philosophical Forum 43 (2):175-196.
    Many philosophers have criticized John Rawls’s Law of Peoples. However, often these criticisms take it for granted that the moral conclusions drawn in A Theory of Justice are superior to those in the former book. In my view, however, Rawls comes to many of his 'conclusions' without too many actual inferences. More precisely, my argument here is that if one takes Rawls’s premises and the assumptions made about the original position(s) seriously and does in fact think them through to their (...)
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  27.  40
    Om Social Contract Theory for a Diverse World: Beyond Tolerance av Ryan Muldoon. [REVIEW]Olof Leffler - 2018 - Tidskrift För Politisk Filosofi 22 (1):56-61.
    Review of Ryan Muldoon's book Social Contract Theory for a Diverse World: Beyond Tolerance (in Swedish).
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  28. Global Warming and Our Natural Duties of Justice.Aaron Maltais - 2008 - Dissertation, Uppsala University
    Compelling research in international relations and international political economy on global warming suggests that one part of any meaningful effort to radically reverse current trends of increasing green house gas (GHG) emissions is shared policies among states that generate costs for such emissions in many if not most of the world’s regions. Effectively employing such policies involves gaining much more extensive global commitments and developing much stronger compliance mechanism than those currently found in the Kyoto Protocol. In other words, global (...)
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  29. A Counterexample to Parfit's Rule Consequentialism.Jacob Nebel - 2012 - Journal of Ethics and Social Philosophy 6 (2):1-10.
    Derek Parfit argues that everyone ought to follow the principles whose universal acceptance would make things go best. I present a counterexample: a world in which no one's moral beliefs have any motivating force. I explain how Parfit's metaethical commitments imply that such a world is possible, and why this possibility is a problem for Parfit's project of reconciling Kantianism, contractualism, and consequentialism. I consider two of Parfit's responses to my counterexample.
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  30. The Twilight of the Liberal Social Contract? On the Reception of Rawlsian Political Liberalism.Enzo Rossi - forthcoming - In Kelly Becker & Iain Thomson (eds.), The Cambridge History of Philosophy, 1945–2015. Cambridge: Cambridge University Press.
    This chapter discusses the Rawlsian project of public reason, or public justification-based 'political' liberalism, and its reception. After a brief philosophical rather than philological reconstruction of the project, the chapter revolves around a distinction between idealist and realist responses to it. Focusing on political liberalism’s critical reception illuminates an overarching question: was Rawls’s revival of a contractualist approach to liberal legitimacy a fruitful move for liberalism and/or the social contract tradition? The last section contains a largely negative answer to that (...)
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  31. Rightness as Fairness: A Moral and Political Theory.Marcus Arvan - 2016 - Palgrave MacMillan.
    This book argues that moral philosophy should be based on seven scientific principles of theory selection. It then argues that a new moral theory—Rightness as Fairness—satisfies those principles more successfully than existing theories. Chapter 1 explicates the seven principles of theory-selection, arguing that moral philosophy must conform to them to be truth-apt. Chapter 2 argues those principles jointly support founding moral philosophy in known facts of empirical moral psychology: specifically, our capacities for mental time-travel and modal imagination. Chapter 2 then (...)
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  32.  57
    The Normative Significance of Identifiability.Tomasz Żuradzki - forthcoming - Ethics and Information Technology.
    According to psychological research, people are more eager to help identified individuals than unidentified ones. This phenomenon significantly influences many important decisions, both individual and public, regarding, for example, vaccinations or the distribution of healthcare resources. This paper aims at presenting definitions of various levels of identifiability as well as a critical analysis of the main philosophical arguments regarding the normative significance of the identifiability effect, which refer to: (1) ex ante contractualism; (2) fair distribution of chances and risks; (...)
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  33. How Not to Be a Normative Irrealist.Mark Kalderon - manuscript
    Jimmy expresses sympathy for Scanlon’s contractualism but wonders whether it might be better developed in the context of a Humean expressivism. Jimmy presses this point, in part, by observing that much of what Scanlon wants to say about moral and normative discourse, such as their logical discipline and apparent truth-aptitude, can be accommodated by the expressivist. If all that Scanlon wants to say about moral and normative discourse can be accommodated by the expressivist then what content can be given (...)
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  34. Contribution to Collective Harms and Responsibility.Robert Jubb - 2012 - Ethical Perspectives 19 (4):733-764.
    In this paper, I discuss the claim, endorsed by a number of authors, that contributing to a collective harm is the ground for special responsibilities to the victims of that harm. Contributors should, between them, cover the costs of the harms they have inflicted, at least if those harms would otherwise be rights-violating. I raise some doubts about the generality of this principle before moving on to sketch a framework for thinking about liability for the costs of harms in general. (...)
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  35.  50
    Normatywne implikacje preferencji wobec osób zidentyfikowanych.Tomasz Żuradzki - 2017 - Diametros 51:113-136.
    The results of empirical research show that people prefer to help identified individuals rather than unidentified ones. This preference has an important influence on many private and public decisions, for example concerning vaccination or the distribution of healthcare resources. The aim of this article is to define the terms: “identified”, “unidentified”, “statistical”, and then to analyze three philosophical arguments concerning the normative implications of this preference: 1) contractualism ex ante ; 2) fair distribution of chances and risks; 3) principles (...)
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  36.  61
    The Second-Person Standpoint in Law and Morality.Herlinde Pauer-Studer - 2014 - Grazer Philosophische Studien 90 (1):1-3.
    The papers of this special issue are the outcome of a two-­‐day conference entitled “The Second-­‐Person Standpoint in Law and Morality,” that took place at the University of Vienna in March 2013 and was organized by the ERC Advanced Research Grant “Distortions of Normativity.” -/- The aim of the conference was to explore and discuss Stephen Darwall’s innovative and influential second-­‐personal account of foundational moral concepts such as „obligation“, „responsibility“, and „rights“, as developed in his book The Second-­‐Person Standpoint: Morality, (...)
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  37. Sustainability, Public Health, and the Corporate Duty to Assist.Julian Friedland - 2015 - Business and Professional Ethics Journal 34 (2):215-236.
    Several European and North American states encourage or even require, via good Samaritan and duty to rescue laws, that persons assist others in distress. This paper offers a utilitarian and contractualist defense of this view as applied to corporations. It is argued that just as we should sometimes frown on bad Samaritans who fail to aid persons in distress, we should also frown on bad corporate Samaritans who neglect to use their considerable multinational power to undertake disaster relief or to (...)
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  38. ‘Constructivism, Contractarianism and Basic Obligations: Kant and Gauthier’.Kenneth R. Westphal - forthcoming - In J.-C. Merle (ed.), Reading Kant’s Doctrine of Right.
    Gauthier’s contractarianism begins with an idea of a rational deliberator but ‘finds no basis for postulating a moral need for the justification of one’s actions to others. The role of agreement is to address each person’s demand that the constraints of society be justified to him, not a concern that he justify himself to his fellows’ (Gauther 1997, 134–5). He contrasts his view with Scanlon’s contractualism, according to which agreement with others is the core of morality and each agent (...)
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  39.  20
    A Mooring for Ethical Life.Chris Melenovsky - 2014 - Dissertation, University of Pennsylvania
    Since G.A. Cohen’s influential criticism, John Rawls’s focus on the basic structure of society has fallen out of favor in moral and political philosophy. The most prominent defenses of this focus has argued from particular conceptions of justice or from a moral division of labor. In this dissertation, I instead argue for the Rawlsian focus from the ways in which social institutions establish new obligations, rights and powers. I argue that full evaluation of individual conduct requires that we evaluate the (...)
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  40.  40
    Il relativismo etico fra antropologia culturale e filosofia analitica.Sergio Volodia Marcello Cremaschi - 2007 - In I. Tolomio (ed.), Rileggere l'etica tra contingenza e principi. Padova, Italy: CLUEP. pp. 15-46.
    I intend to: a) clarify the origins and de facto meanings of the term relativism; b) reconstruct the reasons for the birth of the thesis named “cultural relativism”; d) reconstruct ethical implications of the above thesis; c) revisit the recent discussion between universalists and particularists in the light of the idea of cultural relativism.. -/- 1.Prescriptive Moral Relativism: “everybody is justified in acting in the way imposed by criteria accepted by the group he belongs to”. Universalism: there are at least (...)
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  41. Three Remarks on “Reflective Equilibrium“.Dietmar Hübner - 2017 - Philosophical Inquiry 41 (1):11-40.
    John Rawls’ “reflective equilibrium” ranges amongst the most popular conceptions in contemporary ethics when it comes to the basic methodological question of how to justify and trade off different normative positions and attitudes. Even where Rawls’ specific contractualist account is not adhered to, “reflective equilibrium” is readily adopted as the guiding idea of coherentist approaches, seeking moral justification not in a purely deductive or inductive manner, but in some balancing procedure that will eventually procure a stable adjustment of relevant doctrines (...)
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