Results for 'title-transfer theory of contract'

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  1. Fraudulent Advertising: A Mere Speech Act or a Type of Theft?Pavel Slutskiy - unknown - Libertarian Papers 8.
    Libertarian philosophy asserts that only the initiation of physical force against persons or property, or the threat thereof, is inherently illegitimate. A corollary to this assertion is that all forms of speech, including fraudulent advertising, are not invasive and therefore should be considered legitimate. On the other hand, fraudulent advertising can be viewed as implicit theft under the theory of contract: if a seller accepts money knowing that his product does not have some of its advertised characteristics, he (...)
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  2. Gleiche Gerechtigkeit: Grundlagen eines liberalen Egalitarismus.Stefan Gosepath - 2004 - Frankfurt am Main: Suhrkamp.
    Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive (...) of equality and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)
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  3. On Property Theory.David Ellerman - 2014 - Journal of Economic Issues (3):601–624.
    A theory of property needs to give an account of the whole life-cycle of a property right: how it is initiated, transferred, and terminated. Economics has focused on the transfers in the market and has almost completely neglected the question of the initiation and termination of property in normal production and consumption (not in some original state or in the transition from common to private property). The institutional mechanism for the normal initiation and termination of property is an invisible-hand (...)
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  4. A New Theory of Serendipity: Nature, Emergence and Mechanism.Quan-Hoang Vuong (ed.) - 2022 - Berlin, Germany: De Gruyter.
    When you type the word “serendipity” in a word-processor application such as Microsoft Word, the autocorrection engine suggests you choose other words like “luck” or “fate”. This correcting act turns out to be incorrect. However, it points to the reality that serendipity is not a familiar English word and can be misunderstood easily. Serendipity is a very much scientific concept as it has been found useful in numerous scientific discoveries, pharmaceutical innovations, and numerous humankind’s technical and technological advances. Therefore, there (...)
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  5. Welfarist Pluralism: A Theory of the Foundations of a Pluralist Account of Reasons for Belief [Chapter 1 of A New Theory of Reasons for Belief: Pragmatic Foundations and Pluralistic Reasons (Under Contract with OUP).Andrew Reisner - manuscript
    This is the latest draft of chapter 1 of _A New Theory of Reasons for Belief: Pragmatic Foundations and Pluralistic Reasons_ (Under Contract with OUP). It outlines the view that is the focus of the book: Welfarist Pluralism. Welfarist pluralism is the view that all normative reasons for belief are grounded in wellbeing and that being in a positive epistemic state is one of the components of wellbeing. This chapter explains how one can develop a principled version of (...)
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  6. Transference, or identity theories of causation?María José García-Encinas - 2010 - Theoria 19 (1):31-47.
    I argue that transference is, ultimately, identity over time, and that identity over time can't possibly be causation. Transference, then, fails as an analysis of causation.
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  7. Transference, or identiry theories of causation?María José García-Encinas - 2004 - Theoria 19 (1):31-47.
    Transference theorists propose to explain causation in terms of the transference of a physical element. I argue, in two steps, that this is not possible. First, I show that available accounts of ‘transference’ ultimately convey that transference -and, consequently, causation- is the (non-relational) identity over time of the transferred element (a universal, a trope, or even an absolute substance). But, second, I try to defend, it is conceptually impossible that causation is (non-relational) identity.
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  8. Transference, or identity theories of causation?María José García-Encinas - 2004 - Theoria 19 (1):31-47.
    Transference theorists propose to explain causation in terms of the transference of a physical element. I argue, in two steps, that this is not possible. First, I show that available accounts of ‘transference’ ultimately convey that transference -and, consequently, causation- is the (non-relational) identity over time of the transferred element (a universal, a trope, or even an absolute substance). But, second, I try to defend, it is conceptually impossible that causation is (non-relational) identity.
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  9. A Theory of National Reconciliation: Some Insights from Africa.Thaddeus Metz - 2015 - In Aleksandar Fatic & Klaus Bachmann (eds.), Transition without Justice (tentative title). TBA. pp. 119-35.
    In this chapter I articulate and defend a basic principle capturing the underlying structure of an attractive sort of national reconciliation that accounts for a wide array of disparate judgments about the subject. There are extant theories of national reconciliation in the literature, most of which are informed by Kantian, liberal-democratic and similar perspectives. In contrast to these, I spell out a theory grounded on a comparatively underexplored sub-Saharan ethic. My foremost aim is to demonstrate how African ideals about (...)
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  10. Antagonistic Redundancy -- A Theory of Error-Correcting Information Transfer in Organisms.Johannes W. Dietrich & Bernhard O. Boehm - 2004 - In Robert Trappl (ed.), Cybernetics and Systems 2004. Wien, Österreich: pp. 225-30.
    Living organisms are exposed to numerous influencing factors. This holds also true for their infrastructures that are processing and transducing information like endocrine networks or nerval channels. Therefore, the ability to compensate for noise is crucial for survival. An efficient mechanism to neutralise disturbances is instantiated in form of parallel complementary communication channels exerting antagonistic effects at their common receivers. Different signal processing types share the ability to suppress noise, to widen the system’s regulation capacity, and to provide for variable (...)
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  11. A new theory of serendipity.Quan-Hoang Vuong, Tam-Tri Le, Quy Khuc & Minh-Hoang Nguyen - 2022 - In A New Theory of Serendipity: Nature, Emergence and Mechanism. Berlin, Germany: De Gruyter. pp. 91-108.
    This document represents some preliminary and unpublished content of a chapter in the edited book titled A New Theory of Serendipity: Nature, Emergence and Mechanism, which will soon be published and distributed by De Gruyter Poland (Sciendo Imprint; part of Walter de Gruyter GmbH, Berlin, Germany). A proper referencing should be like: Quan-Hoang Vuong, Tam-Tri Le, Quy Khuc, Minh-Hoang Nguyen. (2022). A new theory of serendipity. In: QH Vuong. (Ed.) A New Theory of Serendipity: Nature, Emergence and (...)
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  12. Kant's Mature Theory of Punishment, and a First Critique Ideal Abolitionist Alternative.Benjamin Vilhauer - 2017 - In Altman Matthew (ed.), Palgrave Kant Handbook.
    This chapter has two goals. First, I will present an interpretation of Kant’s mature account of punishment, which includes a strong commitment to retributivism. Second, I will sketch a non-retributive, “ideal abolitionist” alternative, which appeals to a version of original position deliberation in which we choose the principles of punishment on the assumption that we are as likely to end up among the punished as we are to end up among those protected by the institution of punishment. This is radical (...)
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  13. C‐theories of time: On the adirectionality of time.Matt Farr - 2020 - Philosophy Compass (12):1-17.
    “The universe is expanding, not contracting.” Many statements of this form appear unambiguously true; after all, the discovery of the universe’s expansion is one of the great triumphs of empirical science. However, the statement is time-directed: the universe expands towards what we call the future; it contracts towards the past. If we deny that time has a direction, should we also deny that the universe is really expanding? This article draws together and discusses what I call ‘C-theories’ of time — (...)
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  14. Against the 'First' Views (formerly Not fittingness, not reasons, not value) [Chapter 5 of A New Theory of Pragmatic Reasons for Belief (Under Contract with OUP)].Andrew Reisner - manuscript
    This is chapter 5 of the book project _The true and the good: a new theory of theoretical reason_, in which I explore the claim that both alethic and pragmatic reasons for belief are basic, but that they share a pragmatic foundation in a pluralist theory of wellbeing in which being in a positive epistemic state is a non-derivative component of wellbeing. This chapter argues that all three of fittingness first, reasons first, and value first views are false. (...)
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  15. “Spinoza’s Respublica divina:” in Otfried Höffe (ed.), Baruch de Spinozas Tractatus theologico-politicus (Berlin: Akademie Verlag (Klassiker Aulegen), forthcoming).Yitzhak Y. Melamed - 2013 - In Otfried Höffe (ed.), Baruch de Spinozas Tractatus theologico-politicus. Akademie Verlag (Klassiker Aulegen). pp. 177-192.
    Chapters 17 and 18 of the TTP constitute a textual unit in which Spinoza submits the case of the ancient Hebrew state to close examination. This is not the work of a historian, at least not in any sense that we, twenty-first century readers, would recognize as such. Many of Spinoza’s claims in these chapters are highly speculative, and seem to be poorly backed by historical evidence. Other claims are broad-brush, ahistorical generalizations: for example, in a marginal note, Spinoza refers (...)
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  16. The meta-problem and the transfer of knowledge between theories of consciousness: a software engineer’s take.Marcel Kvassay - manuscript
    This contribution examines two radically different explanations of our phenomenal intuitions, one reductive and one strongly non-reductive, and identifies two germane ideas that could benefit many other theories of consciousness. Firstly, the ability of sophisticated agent architectures with a purely physical implementation to support certain functional forms of qualia or proto-qualia appears to entail the possibility of machine consciousness with qualia, not only for reductive theories but also for the nonreductive ones that regard consciousness as ubiquitous in Nature. Secondly, analysis (...)
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  17. The theory of liberal dependency care: a reply to my critics.Asha Bhandary - 2021 - Critical Review of International Social and Political Philosophy (6):843-857.
    This author’s reply addresses critiques by Daniel Engster, Kelly Gawel, and Andrea Westlund about my 2020 book, Freedom to Care: Liberalism, Dependency Care, and Culture. I begin with a statement of my commitment to liberalism. In section two, I defend the value of a distinction between conceptions of persons in the real world and in contract theory to track inequalities in care when indexed to legitimate needs. I argue, as well, that my variety of contract theory (...)
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  18. Gildi vísinda og gildin í vísindum - á tímum heimsfaraldurs [English title: "The Value of Science and the Values in Science - in Pandemic Times"].Finnur Dellsén - 2020 - Skírnir 194:251-273.
    English summary: This paper uses research on the COVID-19 pandemic as the backdrop for an accessible discussion of the value and status of science, and of the role of valuesin science. In particular, the paper seeks to debunk three common myths or dogmas about scientific research: (i) that there is such a thing as 'scientific proof' of a theory or hypothesis, (ii) that disagreement is necessarily unhealthy or unnatural in science, (iii) and that personal values play no role in (...)
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  19. An African Theory of Good Leadership.Thaddeus Metz - 2018 - African Journal of Business Ethics 12 (2):36-53.
    This article draws on the indigenous African intellectual tradition to ground a moral-philosophical theory of leadership that is intended to rival accounts prominent in the East Asian and Western traditions. After providing an interpretation of the characteristically sub-Saharan value of communion, the article advances a philosophical account of a good leader as one who creates, sustains and enriches communal relationships and enables others to do so. The article then applies this account to a variety of topics, including what the (...)
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  20. Feyerabend on the Quantum Theory of Measurement: A Reassessment.Daniel Kuby & Patrick Fraser - 2022 - International Studies in the Philosophy of Science 35 (1):23-49.
    In 1957, Feyerabend delivered a paper titled ‘On the Quantum-Theory of Measurement’ at the Colston Research Symposium in Bristol to sketch a completion of von Neumann's measurement scheme without collapse, using only unitary quantum dynamics and well-motivated statistical assumptions about macroscopic quantum systems. Feyerabend's paper has been recognised as an early contribution to quantum measurement, anticipating certain aspects of decoherence. Our paper reassesses the physical and philosophical content of Feyerabend's contribution, detailing the technical steps as well as its overall (...)
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    Leaving the State of Nature: Strengths and Limits of Kant’s Transformation of the Social Contract Tradition.Helga Varden - forthcoming - Zeitschrift Für Politische Theorie.
    (Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly transforms (...)
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  22. A Glimpse of Special Theory of Relativity.Arjun Dahal - 2017 - Journal of St. Xavier's Physics Council:5.
    This article provides a brief outline of Special Theory of Relativity. The physics before the relativity, the special relativity in itself, and the consequences of special relativity are discussed here.
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  23. The Mathematical Theory of Categories in Biology and the Concept of Natural Equivalence in Robert Rosen.Franck Varenne - 2013 - Revue d'Histoire des Sciences 66 (1):167-197.
    The aim of this paper is to describe and analyze the epistemological justification of a proposal initially made by the biomathematician Robert Rosen in 1958. In this theoretical proposal, Rosen suggests using the mathematical concept of “category” and the correlative concept of “natural equivalence” in mathematical modeling applied to living beings. Our questions are the following: According to Rosen, to what extent does the mathematical notion of category give access to more “natural” formalisms in the modeling of living beings? Is (...)
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  24. The Elephant in the (Board) Room: The Role of Contract Research Organizations in International Clinical Research.Charles Foster & Aisha Y. Malik - 2012 - American Journal of Bioethics 12 (11):49-50.
    Multinational companies commonly and increasingly undertake their research in low and middle-income countries through commercial clinical research organizations (CROs). The involvement of these scientific middle men complicates the application of the theories of justice. We examine those complexities, and conclude that while the difficulties are not immune to analysis in terms of these theories, the theories have to be deployed in new ways in order to be useful in the new commercial world.
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  25. On the Labor Theory of Property: Is The Problem Distribution or Predistribution?David Ellerman - 2017 - Challenge: The Magazine of Economic Affairs 60 (2):171-188.
    Much of the recent discussion in progressive circles [e.g., Stiglitz; Galbraith; Piketty] has focused the obscene mal-distribution of wealth and income as if that was "the" problem in our economic system. And the proposed redistributive reforms have all stuck to that framing of the question. To put the question in historical perspective, one might note that there was a similar, if not more extreme, mal-distribution of wealth, income, and political power in the Antebellum system of slavery. Yet, it should be (...)
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  26. Mental files and belief: A cognitive theory of how children represent belief and its intensionality.Josef Perner, Michael Huemer & Brian Leahy - 2015 - Cognition 145 (C):77-88.
    We provide a cognitive analysis of how children represent belief using mental files. We explain why children who pass the false belief test are not aware of the intensionality of belief. Fifty-one 3½- to 7-year old children were familiarized with a dual object, e.g., a ball that rattles and is described as a rattle. They observed how a puppet agent witnessed the ball being put into box 1. In the agent’s absence the ball was taken from box 1, the child (...)
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  27. Trading on Ignorance: Amending Insufficiencies in Nozick's Entitlement Theory.Matt Jeffers - 2014 - Libertarian Papers 6.
    Focusing on a particular facet of entitlement theory, I criticize the view that Nozick’s version of the theory provides an adequate description of procedural justice. I agree with Nozick that justice is procedural; however, I believe his entitlement theory as it currently stands is incomplete. I show that Nozick is committed to believing that the implied content of his entitlement theory is unjust, and therefore that a certain set of market transactions ought to be judged as (...)
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  28. Inalienable rights: A litmus test for liberal theories of justice.David Ellerman - 2010 - Law and Philosophy 29 (5):571-599.
    Liberal-contractarian philosophies of justice see the unjust systems of slavery and autocracy in the past as being based on coercion—whereas the social order in modern democratic market societies is based on consent and contract. However, the ‘best’ case for slavery and autocracy in the past were consent-based contractarian arguments. Hence, our first task is to recover those ‘forgotten’ apologia for slavery and autocracy. To counter those consent-based arguments, the historical anti-slavery and democratic movements developed a theory of inalienable (...)
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  29. Autonomous Weapons Systems and the Moral Equality of Combatants.Michael Skerker, Duncan Purves & Ryan Jenkins - 2020 - Ethics and Information Technology 3 (6).
    To many, the idea of autonomous weapons systems (AWS) killing human beings is grotesque. Yet critics have had difficulty explaining why it should make a significant moral difference if a human combatant is killed by an AWS as opposed to being killed by a human combatant. The purpose of this paper is to explore the roots of various deontological concerns with AWS and to consider whether these concerns are distinct from any concerns that also apply to long- distance, human-guided weaponry. (...)
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  30. The memory of another past: Bergson, Deleuze and a new theory of time.Alia Al-Saji - 2004 - Continental Philosophy Review 37 (2):203-239.
    Through the philosophies of Bergson and Deleuze, my paper explores a different theory of time. I reconstitute Deleuze’s paradoxes of the past in Difference and Repetition and Bergsonism to reveal a theory of time in which the relation between past and present is one of coexistence rather than succession. The theory of memory implied here is a non-representational one. To elaborate this theory, I ask: what is the role of the “virtual image” in Bergson’s Matter and (...)
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  31. Autonoesis and belief in a personal past: an evolutionary theory of episodic memory indices.Stan Klein - 2014 - Review of Philosophy and Psychology 5 (3):427-447.
    In this paper I discuss philosophical and psychological treatments of the question "how do we decide that an occurrent mental state is a memory and not, say a thought or imagination?" This issue has proven notoriously difficult to resolve, with most proposed indices, criteria and heuristics failing to achieve consensus. Part of the difficulty, I argue, is that the indices and analytic solutions thus far offered seldom have been situated within a well-specified theory of memory function. As I hope (...)
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  32. Social Contract Theories: Political Obligation or Anarchy?Vicente Medina - 1990 - Rowman & Littlefield Publishers.
    '. . . this book will be valuable to upper-division and graduate students interested in the validity of SC theories.'-PERSPECTIVES ON POLITICAL SCIENCE.
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  33. The Promise and Limit of Kant’s Theory of Justice: On Race, Gender and the Structural Domination of Labourers.Elvira Basevich - 2022 - Kantian Review 27 (4):541-555.
    This article applies Charles W. Mills’ notion of the domination contract to develop a Kantian theory of justice. The concept of domination underlying the domination contract is best understood as structural domination, which unjustifiably authorizes institutions and labour practices to weaken vulnerable groups’ public standing as free, equal and independent citizens. Though Kant’s theory of justice captures why structural domination of any kind contradicts the requirements of justice, it neglects to condemn exploitive gender- and race-based labour (...)
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  34. How to Include the Severely Disabled in a Contractarian Theory of Justice.Cynthia A. Stark - 2007 - Journal of Political Philosophy 15 (2):127-145.
    This paper argues that, with modification, Rawls's social contract theory can produce principles of distributive justice applying to the severely disabled. It is a response to critics who claim that Rawls's assumption that the parties in the original position represent fully cooperating citizens excludes the disabled from the social contract. I propose that this idealizing assumption should be dropped at the constitutional stage of the contract where the parties decide on a social minimum. Knowing that they (...)
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  35. COMPARATIVE ANALYSIS OF SOCIAL CONTRACT THEORY BY THOMAS HOBBES AND JOHN LOCKE.Levon Babajanyan & Hamlet Simonyan - 2019 - In EUROPEAN UNIVERSITY: COLLECTION OF SCIENTIFIC ARTICLES. Yerevan, Armenia: pp. 296-302.
    The article presents a basic perception regarding social contract theory which is considered to be one of the most well-known and influential theories in western political philosophy. By exploring the concepts of social contract theory suggested by Thomas Hobbes and John Locke, an attempt is made to reveal various features and characteristics of the natural state. The article discusses the general description of the state of nature as well as the process of establishing a social (...) as a means of formation of civil society. (shrink)
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  36. Educational Research Methodology Inspired by the Theory of Enaction.Professor Bakhtiar Shabani Varaki - 2020 - The New Educational Review 4 (62):141-156.
    A theory of cognition and an interdisciplinary research program so-called enactivism put forward by Varela, Thompson, and Rosch since their book titled: “The Embodied Mind: Cognitive Science and Human Experience had been published in 1991. The theory and research program proposed in this book can be explicated in terms of eight significant themes including autopoiesis, sense-making, emergence, experience, embodied mind, embedded mind, enacted mind and the extended mind. This paper is an interpretation of the theory of enaction (...)
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  37. Formalization of dialectical logic, Separation theory of truth. Logic of cellular automata.Zhou Senhai - manuscript
    By separating the general concept of truth into syntactic truth and semantic truth, this article proposes a new theory of truth to explain several paradoxes like the Liar paradox, Card paradox, Curry’s paradox, etc. By revealing the relationship between syntactic /semantic truth and being-nothing-becoming which are the core concepts of dialectical logic, it is able to formalize dialectical logic. It also provides a logical basis for complexity theory by transferring all reasoning into a directed (cyclic/acyclic) graph which explains (...)
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  38. Review of Ryan Muldoon, Social Contract Theory for a Diverse World: Beyond Tolerance. [REVIEW]Michael L. Frazer - 2017 - Notre Dame Philosophical Reviews 1.
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  39. Social Contract Theory.David Antonini - 2018 - 1000-Word Philosophy: An Introductory Anthology.
    Contracts are common, and some influential thinkers in the “modern” period of philosophy argued that the whole of society is created and regulated by a contract. Two of the most prominent “social contract theorists” are Thomas Hobbes (1588-1679) and John Locke (1632-1704).[2] This essay explains the origins of this tradition and why the concept of a contract is illuminating for thinking about the structure of society and government.
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  40. The Transfer of Duties: From Individuals to States and Back Again.Stephanie Collins & Holly Lawford-Smith - 2016 - In Michael Brady & Miranda Fricker (eds.), The Epistemic Life of Groups. Oxford University Press. pp. 150-172.
    Individuals sometimes pass their duties on to collectives, which is one way in which collectives can come to have duties. The collective discharges its duties by acting through its members, which involves distributing duties back out to individuals. Individuals put duties in and get (transformed) duties out. In this paper we consider whether (and if so, to what extent) this general account can make sense of states' duties. Do some of the duties we typically take states to have come from (...)
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  41. Contraction and revision.Shawn Standefer - 2016 - Australasian Journal of Logic 13 (3):58-77.
    An important question for proponents of non-contractive approaches to paradox is why contraction fails. Zardini offers an answer, namely that paradoxical sentences exhibit a kind of instability. I elaborate this idea using revision theory, and I argue that while instability does motivate failures of contraction, it equally motivates failure of many principles that non-contractive theorists want to maintain.
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  42. Personal Continuity and Instrumental Rationality in Rawls’ Theory of Justice.Adrian M. S. Piper - 1987 - Social Theory and Practice 13 (1):49-76.
    I want to examine the implications of a metaphysical thesis which is presupposed in various objections to Rawls' theory of justice.Although their criticisms differ in many respects, they concur in employing what I shall refer to as the continuity thesis. This consists of the following claims conjointly: (1) The parties in the original position (henceforth the OP) are, and know themselves to be, fully mature persons who will be among the members of the well-ordered society (henceforth the WOS) which (...)
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  43. Credit Default Swaps, Contract Theory, Public Debt, and Fiat Money Regimes: Comment on Polleit and Mariano.Xavier Mera - 2013 - Libertarian Papers 5:217-239.
    In this paper, I show that Polleit and Mariano (2011) are right in concluding that Credit Default Swaps (CDS) are per se unobjectionable from Rothbard’s libertarian perspective on property rights and contract theory, but that they fail to derive this conclusion properly. I therefore outline the proper explanation. In addition, though Polleit and Mariano are correct in pointing out that speculation with CDS can conceivably hurt the borrowers’ interests, they fail to grasp that this can be the case (...)
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  44. Seeing With the Two Systems of Thought—a Review of ‘Seeing Things As They Are: a Theory of Perception’ by John Searle (2015).Michael R. Starks - 2017 - Philosophy, Human Nature and the Collapse of Civilization Michael Starks 3rd Ed. (2017).
    As so often in philosophy, the title not only lays down the battle line but exposes the author’s biases and mistakes, since whether or not we can make sense of the language game ‘Seeing things as they are’ and whether it’s possible to have a ‘philosophical’ ‘theory of perception’ (which can only be about how the language of perception works), as opposed to a scientific one, which is a theory about how the brain works, are exactly the (...)
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  45. Representation and Obligation in Rawls’ Social Contract Theory.Simon Cushing - 1998 - Southwest Philosophy Review 14 (1):47-54.
    The two justificatory roles of the social contract are establishing whether or not a state is legitimate simpliciter and establishing whether any particular individual is politically obligated to obey the dictates of its governing institutions. Rawls's theory is obviously designed to address the first role but less obviously the other. Rawls does offer a duty-based theory of political obligation that has been criticized by neo-Lockean A. John Simmons. I assess Simmons's criticisms and the possible responses that could (...)
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  46. Who Owns Me: Me Or My Mother? How To Escape Okin's Problem For Nozick's And Narveson's Theory Of Entitlement.Duncan MacIntosh - 2007 - In Malcolm Murray (ed.), Liberty, Games And Contracts: Jan Narveson And The Defense Of Libertarianism. Ashgate.
    Susan Okin read Robert Nozick as taking it to be fundamental to his Libertarianism that people own themselves, and that they can acquire entitlement to other things by making them. But she thinks that, since mothers make people, all people must then be owned by their mothers, a consequence Okin finds absurd. She sees no way for Nozick to make a principled exception to the idea that people own what they make when what they make is people, concluding that Nozick’s (...)
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  47.  82
    The Fundamental Interrelationships Model: An attempt to Address the Most Fundamental and Intriguing Issue of All – a Theory of Everything.Gavin Huang - 2022 - In Huang Gavin (ed.), Behind Civilization: the fundamental rules in the universe. Sydney, Australia: Gavin Huang. pp. 400-.
    The Fundamental Interrelationships Model, abbreviated as the Interrelationships Model (IRM) is a conceptual framework presented in the form of a diagram. This model aims to cohesively represent and unify a set of fundamental interrelationships found in nature which can be interpreted as the fundamental laws of physics. -/- These fundamental interrelationships encompass a wide range of relationships, including serial-parallel relationships, transition of state, critical point, continuation-discontinuation, convergence-divergence, contraction-expansion, singularity-plurality, commonality-difference, similarity, symmetry-asymmetry, dynamics-stability, order-disorder, limitation-without limitation, hierarchical structure, and cohesiveness. -/- (...)
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  48. The Evolution of Social Contracts.Michael Vlerick - 2019 - Journal of Social Ontology 5 (2):181-203.
    Influential thinkers such as Young, Sugden, Binmore, and Skyrms have developed game-theoretic accounts of the emergence, persistence and evolution of social contracts. Social contracts are sets of commonly understood rules that govern cooperative social interaction within societies. These naturalistic accounts provide us with valuable and important insights into the foundations of human societies. However, current naturalistic theories focus mainly on how social contracts solve coordination problems in which the interests of the individual participants are aligned, not competition problems in which (...)
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  49.  59
    Debt, Default, and Two Liberal Theories of Justice.Oisin Suttle - 2016 - German Law Journal 17 (5):799-834.
    There is a fundamental disconnect between the public discourse about sovereign and external debt in comparison to private domestic debt. The latter is predominantly viewed through a Humean lens, which sees economic morality in terms of contingent social institutions, justified by the valuable goods they realize; while sovereign and external debt is viewed through a Lockean lens, which sees property, contract, and debt as possessing an intrinsic moral quality, independent of social context or consequences. This Article examines whether this (...)
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  50. Seeing With the Two Systems of Thought—a Review of ‘Seeing Things As They Are: a Theory of Perception’ by John Searle (2015)(review revised 2019).Michael Starks - 2019 - In The Logical Structure of Human Behavior. pp. 474-507.
    As so often in philosophy, the title not only lays down the battle line but exposes the author’s biases and mistakes, since whether or not we can make sense of the language game ‘Seeing things as they are’ and whether it’s possible to have a ‘philosophical’ ‘theory of perception’ (which can only be about how the language of perception works), as opposed to a scientific one, which is a theory about how the brain works, are exactly the (...)
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