Results for 'formula of universal law'

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  1. Kant's Formula of Universal Law as a Test of Causality.W. Clark Wolf - 2023 - Philosophical Review 132 (3):459-90.
    Kant’s formula of universal law (FUL) is standardly understood as a test of the moral permissibility of an agent’s maxim: maxims which pass the test are morally neutral, and so permissible, while those which do not are morally impermissible. In contrast, I argue that the FUL tests whether a maxim is the cause or determining ground of an action at all. According to Kant’s general account of causality, nothing can be a cause of some effect unless there is (...)
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  2. Contradiction and Kant’s Formula of Universal Law.Pauline Kleingeld - 2017 - Kant Studien 108 (1):89-115.
    Kant’s most prominent formulation of the Categorical Imperative, known as the Formula of Universal Law (FUL), is generally thought to demand that one act only on maxims that one can will as universal laws without this generating a contradiction. Kant's view is standardly summarized as requiring the 'universalizability' of one's maxims and described in terms of the distinction between 'contradictions in conception' and 'contradictions in the will'. Focusing on the underappreciated significance of the simultaneity condition included in (...)
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  3. Deriving Positive Duties from Kant's Formula of Universal Law.Guus Duindam - 2023 - History of Philosophy Quarterly 40 (3):191-201.
    According to the objection from positive duties, Kant's Formula of Universal Law is flawed because it cannot be used to derive any affirmative moral requirements. This paper offers a response to that objection and proposes a novel way to derive positive duties from Kant's formula. The Formula of Universal Law yields positive duties to adopt our own perfection and others’ happiness as ends because we could not rationally fail to will those ends as universal (...)
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  4. A Contradiction of the Right Kind: Convenience Killing and Kant’s Formula of Universal Law.Pauline Kleingeld - 2019 - Philosophical Quarterly 69 (274):64-81.
    One of the most important difficulties facing Kant’s Formula of Universal Law (FUL) is its apparent inability to show that it is always impermissible to kill others for the sake of convenience. This difficulty has led current Kantian ethicists to de-emphasize the FUL or at least complement it with other Kantian principles when dealing with murder. The difficulty stems from the fact that the maxim of convenience killing fails to generate a ‘contradiction in conception’, producing only a ‘contradiction (...)
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  5. Can Positive Duties be Derived from Kant's Formula of Universal Law?Samuel Kahn - 2014 - Kantian Review 19 (1):93-108.
    According to the standard reading of Kant's formula of universal law (FUL), positive duties can be derived from FUL. In this article, I argue that the standard reading does not work. In the first section, I articulate FUL and what I mean by a positive duty. In the second section, I set out an intuitive version of the standard reading of FUL and argue that it does not work. In the third section, I set out a more rigorous (...)
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  6. Why Positive Duties cannot Be Derived from Kant’s Formula of Universal Law.Samuel Kahn - 2022 - Philosophia 50 (3):1189-1206.
    Ever since Hegel famously objected to Kant’s universalization formulations of the Categorical Imperative on the grounds that they are nothing but an empty formalism, there has been continual debate about whether he was right. In this paper I argue that Hegel got things at least half-right: I argue that even if negative duties (duties to omit actions or not to adopt maxims) can be derived from the universalization formulations, positive duties (duties to commit actions or to adopt maxims) cannot. The (...)
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  7.  52
    Kant's Universal Law and Humanity Formulae.Damian Williams - forthcoming - Forthcoming.
    Kant's formulae ought to effectively produce the same result when applied to the moral validity of any particular maxim; further, no valid maxim produces contradictory results when applied against Kant's Universal Law and Humanity formulae. Where one uses all formulae in the assessment of a maxim, one gains a more complete understanding of the moral law, thereby bridging principles of reason with intuition within the agent who has undertaken to evaluate the morality of a particular action. These formulae command (...)
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  8. A Defense and Development of the Volitional Self-Contradiction Interpretation.Pauline Kleingeld - 2023 - Philosophia 51 (2):505-524.
    Kant’s Formula of Universal Law (FUL) is generally believed to require you to act only on the basis of maxims that you can will without contradiction to become universal laws. In “Contradiction and Kant’s Formula of Universal Law” (2017), I have proposed to read the FUL instead as requiring that, for any maxim on which you act, you can will two things simultaneously, without volitional self-contradiction: (1) willing the maxim as your own action principle and (...)
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  9. The Practical and Philosophical Significance of Kant's Universality Formulations of the Categorical Imperative.Mark Timmons - 2005 - In B. Sharon Byrd & Jan C. Joerdan (eds.), Jahrbuch Für Recht Und Ethik. Duncker Und Humblot.
    This article begins with the claim that the Formula of Universal Law, interpreted as a test of the deontic status of actions, can't be made to work. If not, then one might wonder whether what other work it might do in the overall economy of Kant's ethics. I defend what I call the "formal constraint" interpretation of FUL, explaining how it can figure in a defense of the Formula of Humanity, and its psychological significance in moral thinking.
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  10. Kant’s Derivation of the Formula of the Categorical Imperative: How to Get it Right.Jacqueline Mariña - 1998 - Kant Studien 89 (2):167-178.
    This paper explores the charge by Bruce Aune and Allen Wood that a gap exists in Kant's derivation of the Categorical Imperative. I show that properly understood, no such gap exists, and that the deduction of the Categorical Imperative is successful as it stands.
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  11. Self-Contradictions of the Will: Reply to Jens Timmermann.Pauline Kleingeld - 2021 - Kant Studien 112 (4):611-622.
    In this article, I reply to Jens Timmermann’s critical discussion of my essay “Contradiction and Kant’s Formula of Universal Law”. I first consider Timmermann’s reasons for rejecting my interpretation of the Formula of Universal Law. I argue that the self-contradiction relevant to determining a maxim’s moral status should not be sought in the imagined world in which the maxim is a universal law. I then discuss Timmermann’s suggestion that something like a volitional self-contradiction is found (...)
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  12.  85
    Formal Approaches to Kant's Formula of Humanity.Andrews Reath - unknown
    My aim in this paper is to explore different ways of understanding Kant’s Formula of Humanity as a formal principle. I believe that a formal principle for Kant is a principle that is constitutive of some domain of cognition or rational activity. It is a principle that both constitutively guides that activity and serves as its internal regulative norm. In the first section of this essay, I explain why it is desirable to find a way to understand the (...) of Humanity as a formal principle in this sense. In sections II and III I discuss two interpretive approaches to Kant’s idea that rational nature or humanity is an end in itself, both of which may be construed as treating the Formula of Humanity as a formal principle. By focusing on the notion of formal principle, I hope to raise a set of issues about how to understand the idea of rational nature or humanity as an end in itself, and about the relation of the Formula of Humanity [FH] to the Formula of Universal Law [FUL]. I do not resolve the issues in this paper, though I briefly sketch some resolution at the end. (shrink)
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  13. A Critical Analysis of Immanuel Kant’s Groundwork of the Metaphysics of Morals.Abraham Tsehay Jemberie - 2017 - International Journal of Research and Review 4 (3):54-75.
    Immanuel Kant (1724-1804), the German philosopher, is considered as the father of modern ethics and one of the great philosophers in the history of philosophy. He wanted to establish a firm foundation for moral philosophy. He contributed something new to modern ethics which was not attempted by earlier ethicists. He wanted to show by using reason that morality is based on a single supreme universal principle, which is binding to all rational beings. Precisely, Kant wanted to establish the first (...)
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  14. Obligatory Actions, Obligatory Maxims.Samuel Kahn - 2021 - Kantian Review 26 (1):1-25.
    In this paper, I confront Parfit’s Mixed Maxims Objection. I argue that recent attempts to respond to this objection fail, and I argue that their failure is compounded by the failure of recent attempts to show how the Formula of Universal Law can be used to demarcate the category of obligatory maxims. I then set out my own response to the objection, drawing on remarks from Kant’s Metaphysics of Morals for inspiration and developing a novel account of how (...)
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  15. Moral Health, Moral Prosperity and Universalization in Kant's Ethics.Donald Wilson - 2004 - Teorema: International Journal of Philosophy 23 (1):17.
    Drawing on an analysis of the distinction between perfect and imperfect duties suggested by The Metaphysics of Morals, I argue that Kant’s Categorical Imperative (CI) requires that maxims be universalizable in the sense that they can be regarded as universal laws consistent with the integrity and effective exercise of rational agency. This account, I claim, has a number of advantages over Korsgaard’s practical contradic-tion interpretation of the CI both in terms of the criteria of assessment that Korsgaard uses and (...)
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  16. The Ambitious Idea of Kant's Corollary.Susan Castro - 2018 - In Violetta L. Waibel, Margit Ruffing & David Wagner (eds.), Natur und Freiheit. Akten des XII. Internationalen Kant-Kongresses. De Gruyter. pp. 1779-1786.
    Misrepresentations can be innocuous or even useful, but Kant’s corollary to the formula of universal law appears to involve a pernicious one: “act as if the maxim of your action were to become by your will a universal law of nature”. Humans obviously cannot make their maxims into laws of nature, and it seems preposterous to claim that we are morally required to pretend that we can. Given that Kant was careful to eradicate pernicious misrepresentations from theoretical (...)
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  17. Kantian Ethics, Dignity and Perfection.Paul Formosa - 2017 - Cambridge: Cambridge University Press.
    In this volume Paul Formosa sets out a novel approach to Kantian ethics as an ethics of dignity by focusing on the Formula of Humanity as a normative principle distinct from the Formula of Universal Law. By situating the Kantian conception of dignity within the wider literature on dignity, he develops an important distinction between status dignity, which all rational agents have, and achievement dignity, which all rational agents should aspire to. He then explores constructivist and realist (...)
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  18. Non-Inclusiveness of Kantian Ethics.Saleh Afroogh - 2020 - PhilPapers.
    In this paper, I argue that Kantian ethics is not inclusive, and his formulation of CI fails. It excludes some intuitive moral actions. I show that Kant’s formulation of categorical imperative fails in some important category of moral actions, due to the fact that its first formula (i.e., the formula of universal law ) is contingent, and doesn't necessarily obtain in all categories of moral actions. Wood in 1999 shows that the formula of universal law (...)
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  19. Reason Alone Cannot Identify Moral Laws.Noriaki Iwasa - 2013 - Journal of Value Inquiry 47 (1-2):67-85.
    Immanuel Kant's moral thesis is that reason alone must identify moral laws. Examining various interpretations of his ethics, this essay shows that the thesis fails. G. W. F. Hegel criticizes Kant's Formula of Universal Law as an empty formalism. Although Christine Korsgaard's Logical and Practical Contradiction Interpretations, Barbara Herman's contradiction in conception and contradiction in will tests, and Kenneth Westphal's paired use of Kant's universalization test all refute what Allen Wood calls a stronger form of the formalism charge, (...)
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  20. On the Expressive Limits of Kant’s Universalizability Tests.Samuel Kahn - 2021 - Kant Studien 112 (2):299-304.
    My goal in this piece is to show that there is a problem lurking in the shadows of recent attempts to derive positive duties from Kant’s so-called universalizability tests and, further, to show that the most obvious way of fixing these attempts renders them unable to fulfill their function. I shall begin by motivating and explaining such an attempt.
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  21. On the Singularity of the Categorical Imperative.Guus Duindam - 2023 - Southwest Philosophy Review 39 (1):165-173.
    Kant famously claims that there is only a single supreme principle of morality: the Categorical Imperative. This claim is often treated with skepticism. After all, Kant proceeds to provide no fewer than six formulations of this purportedly single supreme principle—formulations which appear to differ significantly. But appearances can be deceptive. In this paper, I argue that Kant was right. There is only a single Categorical Imperative, and each of its formulations expresses the very same moral principle.
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  22. Defending the Traditional Interpretations of Kant’s Formula of a Law of Nature.Samuel J. M. Kahn - 2019 - Theoria 66 (158):76-102.
    In this paper I defend the traditional interpretations of Kant’s Formula of a Law of Nature from recent attacks leveled by Faviola Rivera-Castro, James Furner, Ido Geiger, Pauline Kleingeld and Sven Nyholm. After a short introduction, the paper is divided into four main sections. In the first, I set out the basics of the three traditional interpretations, the Logical Contradiction Interpretation, the Practical Contradiction Interpretation and the Teleological Contradiction Interpretation. In the second, I examine the work of Geiger, Kleingeld (...)
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  23. Murder and Violence in Kantian Ethics.Donald Wilson - 2018 - In Violetta L. Waibel, Margit Ruffing & David Wagner (eds.), Natur und Freiheit. Akten des XII. Internationalen Kant-Kongresses. De Gruyter. pp. 2257-2264.
    Acts of violence and murder have historically proved difficult to accommodate in standard accounts of the formula of universal law (FUL) version of Kant’s Categorical Imperative (CI). In “Murder and Mayhem,” Barbara Herman offers a distinctive account of the status of these acts that is intended to be appropriately didactic in comparison to accounts like the practical contradiction model. I argue that while Herman’s account is a promising one, the distinction she makes between coercive and non-coercive violence and (...)
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  24. The Normativity of Kant's Formula of the Law of Nature.Emilian Mihailov - 2013 - Romanian Journal of Analytic Philosophy (2):57-81.
    Many Kantian scholars have debated what normative guidance the formula of the law of nature provides. There are three ways of understanding the role of FLN in Kant’s ethics. The first line of interpretation claims that FLN and FLU are logically equivalent. The second line claims that there are only subjective differences, meaning that FLN is easier to apply than the abstrct method of FUL. The third line of interpretation claims that there are objective differences between FLN and FUL (...)
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  25. The Method of Kant’s Groundwork of the Metaphysics of Morals: Establishing Moral Metaphysics as a Science.Susan V. H. Castro - 2006 - Dissertation, University of California, Los Angeles
    This dissertation concerns the methodology Kant employs in the first two sections of the Groundwork of the Metaphysics of Morals (Groundwork I-II) with particular attention to how the execution of the method of analysis in these sections contributes to the establishment of moral metaphysics as a science. My thesis is that Kant had a detailed strategy for the Groundwork, that this strategy and Kant’s reasons for adopting it can be ascertained from the Critique of Pure Reason (first Critique) and his (...)
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  26.  59
    The Problem with Using a Maxim Permissibility Test to Derive Obligations.Samuel J. M. Kahn - 2022 - De Ethica 7 (1):31-40.
    The purpose of this paper is to show that, if Kant’s universalization formulations of the Categorical Imperative are our only standards for judging right from wrong and permissible from impermissible, then we have no obligations. I shall do this by examining five different views of how obligations can be derived from the universalization formulations and arguing that each one fails. I shall argue that the first view rests on a misunderstanding of the universalization formulations; the second on a misunderstanding of (...)
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  27. The Apple of Kant's Ethics: i‐Maxims as the Locus of Assessment.Samuel Kahn - 2022 - Pacific Philosophical Quarterly 104 (3):559-577.
    I want to distinguish between maxims at three levels of abstraction. At the first level are what I shall call individual maxims, or i‐maxims: maxim tokens as adopted by particular rational beings. At the second level are abstract maxims, or a‐maxims: abstract principles distinct from any individual who adopts them. At the third level are maxim kinds, or k‐maxims: sets of various action‐guiding principles that are grouped on the basis of their content. In this paper, I argue for the thesis (...)
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  28.  47
    Individual Maxim Tokens, not Abstract Maxim Types.Samuel Kahn - 2024 - Kantian Review:1-17.
    I argue that Kant’s Categorical Imperative should be applied to individual maxim tokens rather than abstract maxim types. The article is divided into five sections. In the first, I explain my thesis. In the second, I show that my thesis disagrees with Rawls. In the third, I argue for my thesis on the basis of the wording of the Categorical Imperative and on the basis of considerations about autonomy. In the fourth, I argue for my thesis on the basis of (...)
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  29. Wolpert, Chaitin and Wittgenstein on impossibility, incompleteness, the limits of computation, theism and the universe as computer-the ultimate Turing Theorem.Michael Starks - 2017 - Philosophy, Human Nature and the Collapse of Civilization Michael Starks 3rd Ed. (2017).
    I have read many recent discussions of the limits of computation and the universe as computer, hoping to find some comments on the amazing work of polymath physicist and decision theorist David Wolpert but have not found a single citation and so I present this very brief summary. Wolpert proved some stunning impossibility or incompleteness theorems (1992 to 2008-see arxiv.org) on the limits to inference (computation) that are so general they are independent of the device doing the computation, and even (...)
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  30. Wolpert, Chaitin and Wittgenstein on impossibility, incompleteness, the liar paradox, theism, the limits of computation, a non-quantum mechanical uncertainty principle and the universe as computer—the ultimate theorem in Turing Machine Theory (revised 2019).Michael Starks - 2019 - In Suicidal Utopian Delusions in the 21st Century -- Philosophy, Human Nature and the Collapse of Civilization-- Articles and Reviews 2006-2019 4th Edition Michael Starks. Las Vegas, NV USA: Reality Press. pp. 294-299.
    I have read many recent discussions of the limits of computation and the universe as computer, hoping to find some comments on the amazing work of polymath physicist and decision theorist David Wolpert but have not found a single citation and so I present this very brief summary. Wolpert proved some stunning impossibility or incompleteness theorems (1992 to 2008-see arxiv dot org) on the limits to inference (computation) that are so general they are independent of the device doing the computation, (...)
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  31. Nary an Obligatory Maxim from Kant’s Universalizability Tests.Samuel J. M. Kahn - 2022 - Zeitschrift Für Ethik Und Moralphilosophie 5 (1):15-35.
    In this paper I argue that there would be no obligatory maxims if the only standards for assessing maxims were Kant’s universalizability tests. The paper is divided into five sections. In the first, I clarify my thesis: I define my terms and disambiguate my thesis from other related theses for which one might argue. In the second, I confront the view that says that if a maxim passes the universalizability tests, then there is a positive duty to adopt that maxim; (...)
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  32. Positive Duties, Maxim Realism and the Deliberative Field.Samuel Kahn - 2017 - Philosophical Inquiry 41 (4):2-34.
    My goal in this paper is to show that it is not the case that positive duties can be derived from Kant’s so-called universalizability tests. I begin by explaining in detail what I mean by this and distinguishing it from a few things that I am not doing in this paper. After that, I confront the idea of a maxim contradictory, a concept that is advanced by many com- mentators in the attempt to derive positive duties from the universalizability tests. (...)
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  33. Positive Duties, Kant’s Universalizability Tests, and Contradictions.Samuel Kahn - 2020 - Southwest Philosophy Review 36 (1):113-120.
    In this paper I am going to raise a problem for recent attempts to derive positive duties from Kant’s universalizability tests. In particular, I argue that these recent attempts are subject to reductio and that the most obvious way of patching them renders them impracticable. I begin by explaining the motivation for these attempts. Then I describe how they work and begin my attack. I conclude by considering some patches.
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  34. Newton's Law of Universal Gravitation and Hume's Conception of Causality.Matias Slavov - 2013 - Philosophia Naturalis 50 (2):277-305.
    This article investigates the relationship between Hume’s causal philosophy and Newton ’s philosophy of nature. I claim that Newton ’s experimentalist methodology in gravity research is an important background for understanding Hume’s conception of causality: Hume sees the relation of cause and effect as not being founded on a priori reasoning, similar to the way that Newton criticized non - empirical hypotheses about the properties of gravity. However, according to Hume’s criteria of causal inference, the law of universal gravitation (...)
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  35. Filozofia praw człowieka. Prawa człowieka w świetle ich międzynarodowej ochrony.Marek Piechowiak - 1999 - Lublin: Towarzystwo Naukowe KUL.
    PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...)
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  36. In Defense of Humean Non-Universal Laws.Firdaus Gupte - forthcoming - Synthese.
    In this paper, I raise a novel objection to David Lewis’s Humean account of laws. The objection is that non-universal laws are metaphysically possible, but Lewis’s account cannot accommodate them. I then propose and defend an extension of Lewis’s view that gives us an account of Humean non-universal laws.
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  37. Kant’s Formula of Autonomy: Continuity or Discontinuity?Pauline Kleingeld - 2023 - Philosophia 51 (2):555-569.
    In two recent articles I have argued that Kant’s legal and political philosophy can shed new light on his much-contested account of moral autonomy and that important changes in his political theory help to explain why in his later work the Formula of Autonomy disappears. In the present essay, I respond to comments by Sorin Baiasu and Marie Newhouse, who argue that the changes in Kant’s political theory fail to explain the disappearance of the Formula of Autonomy, since (...)
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  38. What Accounts for the Paradox in Goodman's Paradox. The Neglect of the Functional Character of Natural Laws as the Reason for the Paradox.Dieter Wandschneider - 2000 - In Peres, Constanze/ Greimann, Dirk (ed. 2000) Wahrheit – Sein – Struktur. Auseinandersetzungen mit Metaphysik. Hildesheim, Zürich, New York: Olms 2000, 231–245. Hildesheim, Zürich, New York: pp. 231–245.
    Essential for the concept of the law of nature is not only spatio-temporal universality, but also functionality in the sense of the dependency on physical conditions of natural entities. In the following it is explained in detail that just the neglect of this functional property is to be understood as the real reason for the occurrence of the Goodman paradox – with the consequence, that the behavior of things seems to be completely at the mercy of change of unique unrepeatable (...)
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  39. Three Short Arguments Against Goff’s Grounding of Logical Laws in Universal Consciousness.Andrew Thomas - 2021 - Kriterion - Journal of Philosophy (3):237-246.
    In this paper, I argue that Goff's view that universal consciousness grounds logical laws such as the law of non-contradiction cannot be true on the grounds that we cannot guarantee the classical logic loving nature of universal consciousness that Goff desires in order to ground logical laws. I will present three arguments to show this.
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  40. Isaac Newton vs. Robert Hooke on the law of universal gravitation.Nicolae Sfetcu - manuscript
    One of the most disputed controversy over the priority of scientific discoveries is that of the law of universal gravitation, between Isaac Newton and Robert Hooke. Hooke accused Newton of plagiarism, of taking over his ideas expressed in previous works. In this paper I try to show, on the basis of previous analysis, that both scientists were wrong: Robert Hooke because his theory was basically only ideas that would never have materialized without Isaac Newton's mathematical support; and the latter (...)
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  41. Natural Laws, Universals, and the Induction Problem.Edward Slowik - 2005 - Philosophia 32 (1-4):241-251.
    This paper contends that some of the recent critical appraisals of universals theories of natural laws, namely, van Fraassen's analysis of Armstrong's probabilistic laws, are largely ineffective since they fail to disclose the incompatibility of universals and any realistic natural law setting. Rather, a more profitable line of criticism is developed that contests the universalists' claim to have resolved the induction problem (i.e., the separation of natural laws from mere accidental regularities), and thereby reveals the universals' philosophically inadequate concept of (...)
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  42. Renaissance Idea of Natural Law.Maarten Van Dyck - 2018 - Encylopedia of Renaissance Philosophy.
    The introduction of laws of nature is often seen as one of the hallmarks of the Scientific Revolution of the seventeenth century. The new sciences are thought to have introduced the revolutionary idea that explanations of natural phenomena have to be grounded in exceptionless regularities of universal scope, i. e. laws of nature. The use of legal terminology to talk about natural regularities has a longer history, though. This article traces these earlier uses.
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  43.  17
    Mis-Educative Martial Law – The Fate of Free Discourse and the Moral Judgment Competence of Polish University Students from 1977 to 1983.Ewa Nowak & Georg Lind - 2019 - Ethics in Progress 9 (2):56-74.
    The reprinted paper refers to Georg Lind and his colleagues’ MCT-based FORM study conducted at several European universities in 1977-1983, including Polish ones. After a short phase of democratization, in 1981 Polish society suddenly faced martial law. That experience had an impact on Polish students moral-, discursiveand democratic competences, as measured by MCT. When Ewa Nowak started her Alexander von Humboldt Foundation supported research stay under the supervision of Professor Georg Lind, they were inspired to revisit and discuss the puzzling (...)
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  44. The Past Hypothesis and the Nature of Physical Laws.Eddy Keming Chen - 2023 - In Barry Loewer, Brad Weslake & Eric B. Winsberg (eds.), The Probability Map of the Universe: Essays on David Albert’s _time and Chance_. Cambridge MA: Harvard University Press. pp. 204-248.
    If the Past Hypothesis underlies the arrows of time, what is the status of the Past Hypothesis? In this paper, I examine the role of the Past Hypothesis in the Boltzmannian account and defend the view that the Past Hypothesis is a candidate fundamental law of nature. Such a view is known to be compatible with Humeanism about laws, but as I argue it is also supported by a minimal non-Humean "governing'' view. Some worries arise from the non-dynamical and time-dependent (...)
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  45. Universities and other Institutions – not Hate Speech Laws – are a threat to Freedom of Political Speech.Sigri Gaïni - 2022 - Etikk I Praksis - Nordic Journal of Applied Ethics 1:5-19.
    _One of the strongest arguments against hate speech legislation is the so-called Argument from Political Speech. This argument problematizes the restrictions that might be placed on political opinions or political critique when these opinions are expressed in a way which can be interpreted as ‘hateful’ towards minority groups. One of the strongest free speech scholars opposing hate speech legislation is Ronald Dworkin, who stresses that having restrictions on hate speech is, in fact, illegitimate in a liberal democracy. The right to (...)
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  46. The jurisprudence of universal subjectivity: COVID-19, vulnerability and housing.Kevin Jobe - 2021 - International Journal of Discrimination and the Law 21 (3):254-271.
    Drawing upon Martha Fineman’s vulnerability theory, the paper argues that the legal claims of homeless appellants before and during the COVID-19 pandemic illustrate our universal vulnerability which stems from the essential, life-sustaining activities flowing from the ontological status of the human body. By recognizing that housing availability has constitutional significance because it provides for life-sustaining activities such as sleeping, eating and lying down, I argue that the legal rationale reviewed in the paper underscores the empirical, ontological reality of the (...)
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  47. Knowledge, Attitude, and Infringement of Tort Law Among Public Secondary School Heads on Students in Osun State, Nigeria.Olugbenga Timothy Ajadi & Musibau A. Lateef - 2023 - Universal Journal of Educational Research 2 (3):204-216.
    One of the challenges in secondary schools today is infringements on students’ rights, in a tortious way that may also constitute breach of the Child’s Right Act of 2003 in Nigeria. These breach on rights usually come through the administration of corporal punishments on students, and mainly because the school heads see themselves as loco parentis of the students who can, therefore, enforce any form of punishment on them in the school. This study investigated knowledge, attitude, and infringement of tort (...)
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  48. Unmanifested powers and universals.Ashley Coates - 2022 - Synthese 200 (2):1-22.
    According to a well-known argument against dispositional essentialism, the nature of unmanifested token powers leaves dispositional essentialists with an objectionable commitment to the reality of non-existent entities. The idea is that, because unmanifested token powers are directed at their non-existent token manifestations, they require the reality of those manifestations. Arguably the most promising response to this argument works by claiming that, if properties are universals, dispositional directedness need only entail the reality of actually existing manifestation types. I argue that this (...)
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  49. Liability to International Prosecution: The Nature of Universal Jurisdiction.Anthony Reeves - 2017 - European Journal of International Law 28 (4):1047-1067.
    The paper considers the proper method for theorizing about criminal jurisdiction. It challenges a received understanding of how to substantiate the right to punish, and articulates an alternative account of how that theoretical task is properly conducted. The received view says that a special relationship is the ground of a tribunal’s authority to prosecute and, hence, that a normative theory of that authority is faced with identifying a distinctive relation. The alternative account locates prosecutorial standing on an institution’s capacity to (...)
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  50. Review of Douglas Husak, Philosophy of Criminal Law: Selected Essays. [REVIEW]Andrew Botterell - 2013 - University of Toronto Law Journal 63 (1):152-158.
    A review of Douglas Husak, Philosophy of Criminal Law: Selected Essays (Oxford University Press, 2010).
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