Results for 'sanction'

32 found
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  1.  73
    Fairness, Sanction, and Condemnation.Pamela Hieronymi - manuscript
    I here press an often overlooked question: Why does the fairness of a sanction require an adequate opportunity to avoid it? By pressing this question, I believe I have come to better understand something that has long puzzled me, namely, what philosophers (and others) might have in mind when they talk about “true moral responsibility,” or the “condemnatory force” of moral blame, or perhaps even “basic desert.” In presenting this understanding of “condemnation” or of “basic desert,” I am presenting (...)
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  2. The Right of Democracies to Sanction Other Democracies.Terence Rajivan Edward - manuscript
    Avia Pasternak argues for a right that democracies have to sanction other democracies. This paper reconstructs her argument and objects to one of its premises.
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  3. Mill’s Moral Standard.Ben Eggleston - 2017 - In Christopher Macleod & Dale E. Miller (eds.), A Companion to Mill. Oxford, UK: John Wiley & Sons, Inc.. pp. 358-373.
    A book chapter (about 7,000 words, plus references) on the interpretation of Mill’s criterion of right and wrong, with particular attention to act utilitarianism, rule utilitarianism, and sanction utilitarianism. Along the way, major topics include Mill’s thoughts on liberalism, supererogation, the connection between wrongness and punishment, and breaking rules when doing so will produce more happiness than complying with them will.
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  4.  77
    Forgiveness and the Multiple Functions of Anger.Antony G. Aumann & Zac Cogley - 2020 - Journal of Philosophy of Emotion 1 (1):44-71.
    This paper defends an account of forgiveness that is sensitive to recent work on anger. Like others, we claim anger involves an appraisal, namely that someone has done something wrong. But, we add, anger has two further functions. First, anger communicates to the wrongdoer that her act has been appraised as wrong and demands she feel guilty. This function enables us to explain why apologies make it reasonable to forgo anger and forgive. Second, anger sanctions the wrongdoer for what she (...)
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  5. A New Societal Self-Defense Theory of Punishment—The Rights-Protection Theory.Hsin-Wen Lee - 2018 - Philosophia 46 (2):337-353.
    In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right, I show that what we call “the right of self-defense” is actually composed of the right to protect our basic rights. The right of self-defense is not a single, self-standing right but a group of derivative rights justified by their contribution to the protection of the core, basic rights. Thus, these rights of self-defense are both justified and constrained (...)
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  6. Mill, Sentimentalism and the Problem of Moral Authority.Daniel Callcut - 2009 - Utilitas 21 (1):22-35.
    Mill’s aim in chapter 3 of Utilitarianism is to show that his revisionary moral theory can preserve the kind of authority typically and traditionally associated with moral demands. One of his main targets is the idea that if people come to believe that morality is rooted in human sentiment then they will feel less bound by moral obligation. Chapter 3 emphasizes two claims: (1) The main motivation to ethical action comes from feelings and not from beliefs and (2) Ethical feelings (...)
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  7. Epistemic Teleology and the Separateness of Propositions.Selim Berker - 2013 - Philosophical Review 122 (3):337-393.
    When it comes to epistemic normativity, should we take the good to be prior to the right? That is, should we ground facts about what we ought and ought not believe on a given occasion in facts about the value of being in certain cognitive states (such as, for example, the value of having true beliefs)? The overwhelming answer among contemporary epistemologists is “Yes, we should.” This essay argues to the contrary. Just as taking the good to be prior to (...)
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  8.  31
    Beyond Good and Bad.William Jimenez-Leal, Samuel Murray, Santiago Amaya & Sergio Barbosa - manuscript
    We argue that people regularly encounter situations involving moral conflicts among permissible options. These scenarios, which some have called morally charged situations, reflect perceived tensions between moral expectations and moral rights. Studying responses to such situations marks a departure from the common emphasis on sacrificial dilemmas and widespread use of single-dimension measures. In 6 experiments (n=1607), we show that people use a wide conceptual arsenal when assessing actions that can be described as suberogatory (bad but permissible) or supererogatory (good but (...)
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  9. The Authority of Formality.Jack Woods - 2018 - Oxford Studies in Metaethics 13.
    Etiquette and other merely formal normative standards like legality, honor, and rules of games are taken less seriously than they should be. While these standards are not intrinsically reason-providing in the way morality is often taken to be, they also play an important role in our practical lives: we collectively treat them as important for assessing the behavior of ourselves and others and as licensing particular forms of sanction for violations. This chapter develops a novel account of the normativity (...)
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  10. A Transformative Theory of Religious Freedom: Promoting the Reasons for Rights.Corey Brettschneider - 2010 - Political Theory 38 (2):187-213.
    Religious freedom is often thought to protect, not only religious practices, but also the underlying religious beliefs of citizens. But what should be said about religious beliefs that oppose religious freedom itself or that deny the concept of equal citizenship? The author argues here that such beliefs, while protected against coercive sanction, are rightly subject to attempts at transformation by the state in its expressive capacities. Transformation is entailed by a commitment to publicizing the reasons and principles that justify (...)
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  11. How Autonomy Can Legitimate Beneficial Coercion.Lucie White - 2017 - In Jakov Gather, Tanja Henking, Alexa Nossek & Jochen Vollmann (eds.), Beneficial Coercion in Psychiatry? Foundations and Challenges. Münster: Mentis. pp. 85-99.
    Respect for autonomy and beneficence are frequently regarded as the two essential principles of medical ethics, and the potential for these two principles to come into conflict is often emphasised as a fundamental problem. On the one hand, we have the value of beneficence, the driving force of medicine, which demands that medical professionals act to protect or promote the wellbeing of patients or research subjects. On the other, we have a principle of respect for autonomy, which demands that we (...)
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  12. The Unplanned Obsolescence of Psychological Science and an Argument for its Revival.Stan Klein - 2016 - Pyshcology of Consciousness: Theory, Research, and Practice 3:357-379.
    I examine some of the key scientific pre-commitments of modern psychology, and argue that their adoption has the unintended consequence of rendering a purely psychological analysis of mind indistinguishable from a purely biological treatment. And, since these pre-commitments sanction an “authority of the biological”, explanation of phenomena traditionally considered the purview of psychological analysis is fully subsumed under the biological. I next evaluate the epistemic warrant of these pre-commitments and suggest there are good reasons to question their applicability to (...)
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  13. Basic Desert of Reactive Emotions.Zac Cogley - 2013 - Philosophical Explorations 16 (2):165-177.
    In this paper, I explore the idea that someone can deserve resentment or other reactive emotions for what she does by attention to three psychological functions of such emotions – appraisal, communication, and sanction – that I argue ground claims of their desert. I argue that attention to these functions helps to elucidate the moral aims of reactive emotions and to distinguish the distinct claims of desert, as opposed to other moral considerations.
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  14. The Anarchist Official: A Problem for Legal Positivism.Kenneth M. Ehrenberg - 2011 - Australian Journal of Legal Philosophy 36:89-112.
    I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to (...)
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  15. Fanaticism and Sacred Values.Paul Katsafanas - 2019 - Philosophers' Imprint 19:1-20.
    What, if anything, is fanaticism? Philosophers including Locke, Hume, Shaftesbury, and Kant offered an account of fanaticism, analyzing it as (1) unwavering commitment to an ideal, together with (2) unwillingness to subject the ideal (or its premises) to rational critique and (3) the presumption of a non-rational sanction for the ideal. In the first part of the paper, I explain this account and argue that it does not succeed: among other things, it entails that a paradigmatically peaceful and tolerant (...)
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  16.  36
    Requirements to Justify Breastfeeding in Public: A Philosophical Analysis.Fiona Woollard - 2019 - International Breastfeeding Journal 14 (14):14-26.
    It may be tempting for breastfeeding advocates to respond to challenges to breastfeeding older children or breastfeeding in public by pointing out the nutritional or developmental benefits of breastfeeding or by noting that breastfeeding is often extremely discreet. Such responses may concede more than they should: by focusing on rebutting the empirical claim, breastfeeding supporters may end up implicitly accepting two presuppositions about breastfeeding: first, the presupposition that breastfeeding requires justification in terms of health or developmental benefits to the child; (...)
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  17. Truth as a Normative Modality of Cognitive Acts.Gila Sher & Cory Wright - 2007 - In Geo Siegwart & Dirk Griemann (eds.), Truth and Speech Acts: Studies in the Philosophy of Language. Routledge. pp. 280-306.
    Attention to the conversational role of alethic terms seems to dominate, and even sometimes exhaust, many contemporary analyses of the nature of truth. Yet, because truth plays a role in judgment and assertion regardless of whether alethic terms are expressly used, such analyses cannot be comprehensive or fully adequate. A more general analysis of the nature of truth is therefore required – one which continues to explain the significance of truth independently of the role alethic terms play in discourse. We (...)
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  18. The Three-Fold Significance of the Blaming Emotions.Zac Cogley - 2013 - In David Shoemaker (ed.), Oxford Studies in Agency and Responsibility. Oxford University Press. pp. 205-224.
    In this paper, I explore the idea that someone can deserve resentment or other reactive emotions for what she does by attention to three psychological functions of such emotions—appraisal, communication, and sanction—that I argue ground claims of their desert. I argue that attention to these functions helps to elucidate the moral aims of reactive emotions and to distinguish the distinct claims of desert, as opposed to other moral considerations.
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  19.  85
    Changing Our Minds: Democritus on What is Up to Us.Monte Johnson - 2014 - In Pierre Destrée, R. Salles & Marco Antonio De Zingano (eds.), Up to Us: Studies on Causality and Responsibility in Ancient Philosophy. Sankt Augustin: Academia Verlag. pp. 1-18.
    I develop a positive interpretation of Democritus' theory of agency and responsibility, building on previous studies that have already gone far in demonstrating his innovativeness and importance to the history and philosophy of these concepts. The interpretation will be defended by a synthesis of several familiar ethical fragments and maxims presented in the framework of an ancient problem that, unlike the problem of free will and determinism, Democritus almost certainly did confront: the problem of the causes of human goodness and (...)
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  20.  60
    Termination of International Sale Contract.Bashar H. Malkawi - 2019 - Law and Philosophy:1-23.
    Termination in international contracts is considered a harsh sanction that harms international trade for each breach of contract or its provisions. The interest of international trade is fulfilled in maintaining and completing performance of contract, even if with a breach rectifiable by remedy. The termination destroys the contract and results in returning goods after their dispatch in addition to the accompanying new freight and insurance expenses and administrative and health procedures necessary for the entry and exit of goods and (...)
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  21. Why Be Moral in a Virtual World.John McMillan & Mike King - 2017 - Journal of Practical Ethics 5 (2):30-48.
    This article considers two related and fundamental issues about morality in a virtual world. The first is whether the anonymity that is a feature of virtual worlds can shed light upon whether people are moral when they can act with impunity. The second issue is whether there are any moral obligations in a virtual world and if so what they might be. -/- Our reasons for being good are fundamental to understanding what it is that makes us moral or indeed (...)
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  22. Rawls’ Theory of Distributive Justice and the Role of Informal Institutions in Giving People Access to Health Care in Bangladesh.Azam Golam - 2008 - Philosophy and Progress 41 (2):151-167.
    The objective of the paper is to explore the issue that despite the absence of adequate formal and systematic ways for the poor and disadvantaged people to get access to health benefit like in a rich liberal society, there are active social customs, feelings and individual and collective responsibilities among the people that help the disadvantaged and poor people to have access to the minimum health care facility in both liberal and non-liberal poor countries. In order to explain the importance (...)
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  23.  33
    The Construction of Relations in Hume and Quine, Directed by Jaakko Hintikka (Introduction).Stefanie A. Rocknak - 1999 - Dissertation, Boston University
    Hume and Quine argue that human beings do not have access to general knowledge, that is, to general truths . The arguments of these two philosophers are premised on what Jaakko Hintikka has called the atomistic postulate. In the present work, it is shown that Hume and Quine in fact sanction an extreme version of this postulate, according to which even items of particular knowledge are not directly accessible in so far as they are relational. For according to their (...)
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  24.  56
    Responsive Government and Duties of Conscience.Robert C. Hughes - 2014 - Jurisprudence 5 (2):244-264.
    This paper defends a new argument for enabling citizen participation in government: individuals must have genuine opportunities to try to change the law in order to be able to satisfy duties of conscience. Without such opportunities, citizens who regard systems of related laws as partially unjust face a moral dilemma. If they comply with these laws willingly without also trying to change them, they commit a pro tanto wrong by willingly participating in injustice . If they disobey, or if they (...)
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  25.  82
    Building Community Into Property.Edmund F. Byrne - 1988 - Journal of Business Ethics 7 (3):171 - 183.
    American business's fascination with both laborsaving devices and low wage environments is causing not only structural unemployment and dissipation of the nation's industrial base but also the deterioration of abandoned host communities. According to individualist understandings of the right of private property, this deterioration is beyond sanction except insofar as it affects the property rights of others. But corporate stockholders and managers should not be considered the only owners of property the value of which is due in part to (...)
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  26. Conscientious Objections Toward a Reconstruction of the Social and Political Philosophy of Jesus of Nazareth.J. Landrum Kelly - 1994
    This study argues for the historical existence of Jesus of Nazareth as a radical Jewish pacifist who angered both the orthodox religious establishment and those who advocated violent insurrection against the Romans. The author asserts that Jesus' views were based on belief in a non-retributive, omnibenevolent God, challenging not only the Mosaic Law but assumptions about eternal punishment and the divine sanction of the state and its retributive institutions of war and punishment. The volume also interprets Paul as being (...)
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  27.  55
    De quoi l'utopie est-elle la connaissance ? Autour de George Orwell.Kevin David Ladd - 2019 - Peine Et Utopie.
    Que les récits utopiques et contre-utopiques sont-ils censés nous apprendre que nous ne sachions déjà – que l'état du monde pourrait être meilleur, ou pire, qu'il n'est ? Qu'ont-ils à nous dire de la sanction pénale, comme concept et comme pratique, et que celle-ci nous apprend-elle en retour des limites de l'utopie comme récit et comme discours ? En mettant l'accent sur les références explicites, dans 1984, à la suppression systématique de tout ce qui pourrait ressembler à une règle, (...)
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  28.  69
    Das Gesetz, die Anklage und Ks Prozess.Robert Welsh Jordan - 1980 - In Jahrbuch der deutschen Schillergesellschaft. Alfred Kröner Verlag. pp. 332-356.
    DESCRIPTION—An essay showing Kafka's The Trial to be written as illustration of an important theory of natural that remains quite unknown all but a very few critics and commentators. CONTENTS 1. The charge against Joseph K. Ignorance of the natural sanction of law and custom a. Brentano's conception of natural law b. Natural law and human need in the Protagoras 2. Correct choice: Brentano's ethical theory a. The empirical origin of the concepts "good" and "better": analogous derivation of "true" (...)
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  29. Acquired Innocence. Jordan - manuscript
    Acquired Innocence. The Law, the Charge, and K.’s Trial: Franz Kafka and Franz Brentano <This essay is a slightly revised English version of “Das Gesetz, die Anklage und K..s Prozess: Franz Kafka und Franz Brentano” in Jahrbuch der deutschen Schillergesellschaft 24 (1980) 333-356. The approximate pagination for the German publication is given in angle brackets within the text> CONTENTS 1. The charge against Joseph K. Ignorance of the natural sanction of law and custom a. Brentano’s conception of natural law (...)
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  30.  64
    From Being Unaccountable to Suffering From Severe Mental Disorder and (Possibly) Back Once Again to Being Unaccountable.Christer Svennerlind - 2015 - Dialogues in Philosophy, Mental and Neuro Sciences 8 (2):45-58.
    From 1965, the Swedish penal law does not require accountability as a condition for criminal responsibility. Instead, severely mentally disordered offenders are sentenced to forensic psychiatric care. The process that led to the present legislation had its origins in a critique of the concept of accountability that was first launched 50 years earlier by the founding father of Swedish forensic psychiatry, Olof Kinberg. The concept severe mental disorder is part of the Criminal Code as well as the Compulsory Mental Act. (...)
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  31.  27
    Social Ontology and Social Normativity.Brian Donohue - 2020 - Dissertation, University at Buffalo
    Many recent accounts of the ontology of groups, institutions, and practices have touched upon the normative or deontic dimensions of social reality (e.g., social obligations, claims, permissions, prohibitions, authority, and immunity), as distinct from any specifically moral values or obligations. For the most part, however, the ontology of such socio-deontic phenomena has not received the attention it deserves. In what sense might a social obligation or a claim exist? What is the ontological status of such an obligation (e.g., is it (...)
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  32. Acquired Innocence. The Law, the Charge, and K.'S Trial: Franz Kafka and Franz Brentano.Robert Welsh Jordan - manuscript
    Kafka's work provoked more than three decades of interpretations before Wagenbach provided information showing that Kafka was quite familiar with the work of Brentano and his Prague followers, including their unique conceptions of natural law, ethical concepts, and human acquaintance with them. Kafka took a lively interest in discussions in this Prague circle, and The Trial may without violence be read as a deliberate illustration for issues in philosophy of law as they would have been understood within this circle. This (...)
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