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. “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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  4. 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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  5. By Convention Alone: Assignable Rights, Dischargeable Debts, and the Distinctiveness of the Commercial Sphere.Jed Lewinsohn - 2023 - Ethics 133 (2):231-270.
    This article argues that the dominant “nonconventionalist” theories of promising cannot account for the moral impact of two basic commercial practices: the transfer of contractual rights and the discharge of contractual debt in bankruptcy. In particular, nonconventionalism’s insensitivity to certain features of social context precludes it from registering the moral significance of these social phenomena. As prelude, I demonstrate that Seana Shiffrin’s influential position concerning the divergence between promise and contract commits her to impugning these features of the (...)
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  6. Rousseau’s lawgiver as teacher of peoples: Investigating the educational preconditions of the social contract.Johan Dahlbeck & Peter Lilja - 2024 - Educational Philosophy and Theory.
    This paper argues that Rousseau’s lawgiver is best thought of as a fictional teacher of peoples. It is fictional as it reflects an idea that is entertained despite its contradictory nature, and it is contradictory in the sense that it describes ‘an undertaking beyond human strength and, to execute it, an authority that amounts to nothing’ (II.7; 192). Rousseau conceives of the social contract as a necessary device for enabling the transferal of individual power to the body politic, for (...)
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  7. (1 other version)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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  8. 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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  9. 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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  10. (1 other version)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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  11. 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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  12. Hysteria and Mechanical Man.John P. Wright - 1980 - Journal of the History of Ideas 41 (2):233.
    In this article I contrast 17th and 18th explanations of hysteria including those of Sydenham and Willis with those given by Plato and pre-modern medicine. I show that beginning in the second decade of the 17th century the locus of the disorder was transferred to the nervous system and it was no longer connected with the womb as in Hippocrates and Galen; hysteria became identified with hypochondria, and was a disease contracted by men as well as women. I discuss the (...)
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  13. 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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  14. 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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  15. 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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  16. 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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  17. 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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  18. 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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  19. 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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  20. 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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  21. 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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  22. The Universal Theory of Existence - Part 1.Andrew Kamal - manuscript
    This is part 1 on a paper whose final variation of parts shall be titled,”The Universal Theory of Existence: The Sashu, Pharaohs, and the al-Mahdī”. The first part of this series sets the premise for a proposed ”Theory of Everything” that will be the foundation for encompassing many different topics. Since, the beginning of time, a singularity existed. This singularity is what we call an origin point of everything. Beyond, this origin point for time is different depending on (...)
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  23. 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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  24. 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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  25. 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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  26. 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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  27. 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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  28. 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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  29.  37
    The Fundamental Interrelationships Model – An Alternative Approach to the Theory of Everything, Part 4.Gavin Huang - manuscript
    The Fundamental Interrelationships Model – An Alternative Approach to the Theory of Everything, Part 4 Subtitle: The Nature of Beauty and Fundamental Interrelationships -/- Abstract: This article is Chapter 21, titled The Nature of Beauty and the Fundamental Interrelationships, from the book Behind Civilization. It posits that the nature of beauty is rooted in one of the fundamental interrelationships: order. Beauty is perceived as a response in the human brain to this fundamental interrelationship. This article provides evidence that the (...)
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  30. 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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  31. 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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  32. 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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  33. 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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  34. 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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  35. Leaving the State of Nature: Strengths and Limits of Kant’s Transformation of the Social Contract Tradition.Helga Varden - 2024 - Zeitschrift Für Politische Theorie 1:1-24.
    (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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  36. COMPARATIVE ANALYSIS OF SOCIAL CONTRACT THEORY BY THOMAS HOBBES AND JOHN LOCKE.Levon Babajanyan & Hamlet Simonyan - 2019 - In Levon Babajanyan & Hamlet Simonyan (eds.), 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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  37. 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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  38.  75
    Logicism and Theory of Coherence in Bertrand Russell's Thought.Adimike J. O. E. - 2023 - Bodija Journal: A Philosophico-Theological Journal 13:1-14.
    Logicism is the thesis that all or, at least parts, of mathematics is reducible to deductive logic in at least two senses: (A) that mathematical lexis can be defined by sole recourse to logical constants [a definition thesis]; and, (B) that mathematical theorems are derivable from solely logical axioms [a derivation thesis]. The principal proponents of this thesis are: Frege, Dedekind, and Russell. The central question that I raise in this paper is the following: ‘How did Russell construe the philosophical (...)
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  39. 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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  40. Artificial Leviathan: Exploring Social Evolution of LLM Agents Through the Lens of Hobbesian Social Contract Theory.Gordon Dai, Weijia Zhang, Jinhan Li, Siqi Yang, Chidera Ibe, Srihas Rao, Arthur Caetano & Misha Sra - manuscript
    The emergence of Large Language Models (LLMs) and advancements in Artificial Intelligence (AI) offer an opportunity for computational social science research at scale. Building upon prior explorations of LLM agent design, our work introduces a simulated agent society where complex social relationships dynamically form and evolve over time. Agents are imbued with psychological drives and placed in a sandbox survival environment. We conduct an evaluation of the agent society through the lens of Thomas Hobbes's seminal Social Contract Theory (...)
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  41. 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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  42. (1 other version)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: Essays in the Epistemology of Collectives. Oxford, United Kingdom: Oxford University Press UK. 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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  43. (1 other version)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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  44. Modus Vivendi Beyond the Social Contract: Peace, Justice, and Survival in Realist Political Theory.Thomas Fossen - 2018 - In John Horton, Manon Westphal & Ulrich Willems (eds.), The Political Theory of Modus Vivendi. Cham: Springer Verlag. pp. 111-127.
    This essay examines the promise of the notion of modus vivendi for realist political theory. I interpret recent theories of modus vivendi as affirming the priority of peace over justice, and explore several ways of making sense of this idea. I proceed to identify two key problems for modus vivendi theory, so conceived. Normatively speaking, it remains unclear how this approach can sustain a realist critique of Rawlsian theorizing about justice while avoiding a Hobbesian endorsement of absolutism. And (...)
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  45. 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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  46. 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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  47. (2 other versions)The Fundamental Interrelationships Model – An Alternative Approach to the Theory of Everything, Part 1.Gavin Huang - 2022 - In Huang Gavin (ed.), Behind Civilization: the fundamental rules in the universe. Sydney, Australia: Gavin Huang. pp. 400-.
    The quest for a unified “Theory of Everything” that explains the fundamental nature of the universe has long been a holy grail for scientists and philosophers, dating back to the ancient Greeks’ search for Arche. -/- So far, the mainstream of research on A Theory of Everything primarily focuses on the lifeless phenomena and laws of physics while ignores the realm of biology. However, a fundamentally different approach to the ToE has been put forward, presenting a viable alternative (...)
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  48. 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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  49. 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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  50. Citizenship and Property Rights: A New Look at Social Contract Theory.Elisabeth Ellis - 2006 - Journal of Politics 68 (3):544-555.
    Social contract thought has always contained multiple and mutually conflicting lines of argument; the minimalist contractarianism so influential today represents the weaker of two main constellations of claims. I make the case for a Kantian contract theory that emphasizes the bedrock principle of consent of the governed instead of the mere heuristic device of the exit from the state of nature. Such a shift in emphasis resolves two classic difficulties: tradi- tional contract theory’s ahistorical presumption (...)
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