Download or read book Normative Bedrock written by Joshua Gert and published by Oxford University Press. This book was released on 2012-09-27 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joshua Gert offers an original account of normative facts and properties, those which have implications for how we ought to behave. He argues that our ability to think and talk about normative notions such as reasons and benefits is dependent on how we respond to the world around us, including how we respond to the actions of other people.
Download or read book Normative Bedrock written by Joshua Gert and published by Oxford University Press. This book was released on 2012-09-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Joshua Gert presents an original and ambitious theory of the normative. Expressivism and non-reductive realism represent two very widely separated poles in contemporary discussions of normativity. But the domain of the normative is both large and diverse; it includes, for example, the harmful, the fun, the beautiful, the wrong, and the rational. It would be extremely surprising if either expressivism or non-reductive realism managed to capture all—or even the most important—phenomena associated with all of these notions. Normative Bedrock defends a response-dependent account of the normative that accommodates the kind of variation in response that some non-reductive realists downplay or ignore, but that also allows for the sort of straightforward talk of normative properties, normative truth, and substantive normative disagreement that expressivists have had a hard time respecting. One of the distinctive features of Gert's approach is his reliance, throughout, on an analogy between colour properties and normative properties. He argues that the appropriate response to a given instance of a normative property may often depend significantly on the perspective one takes on that instance: for example, whether one views it as past or future. Another distinctive feature of Normative Bedrock is its focus on the basic normative property of practical irrationality, rather than on the notion of a normative reason or the notion of the good. This simple shift of focus allow for a more satisfying account of the link between reasons and motivation, and helps to explain why and how some reasons can justify far more than they can require, and why we therefore need two strength values to characterize the normative capacities of practical reasons.
Download or read book Explaining Right and Wrong written by Benjamin Sachs and published by Routledge. This book was released on 2017-11-28 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explaining Right and Wrong aims to shake the foundations of contemporary ethics by showing that moral philosophers have been deploying a mistaken methodology in their efforts to figure out the truth about what we morally ought to do. Benjamin Sachs argues that moral theorizing makes sense only if it is conceived of as an explanatory project and carried out accordingly. The book goes on to show that the most prominent forms of moral monism—consequentialism, Kantianism, and contractarianism/contractualism—as well as Rossian pluralism, each face devastating explanatory objections. It offers in place of these flawed options a brand-new family of normative ethical theories, non-Rossian pluralism. It then argues that the best kind of non-Rossian pluralism will be spare; in particular, it will deny that an action can be wrong in virtue of constituting a failure to distribute welfare in a particular way or that an action can be wrong in virtue of constituting a failure to rescue. Furthermore, it also aims to show that a great deal of contemporary writing on the distribution of health care resources in cases of scarcity is targeted at questions that either have no answers at all or none that ordinary moral theorizing can uncover.
Download or read book Oxford Handbook of Reasons and Normativity written by Daniel Star and published by Oxford University Press. This book was released on 2018-05-31 with total page 1105 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Reasons and Normativity maps a central terrain of philosophy, and provides an authoritative guide to it. Few concepts have received as much attention in recent philosophy as the concept of a reason to do or believe something. And one of the most contested ideas in philosophy is normativity, the 'ought' in claims that we ought to do or believe something. This is the first volume to provide broad coverage of the study of reasons and normativity across multiple philosophical subfields. In addition to focusing on reasons in ethics, epistemology, and the philosophy of mind, action, and language, the Handbook explores philosophical work on the nature of normativity in general. Topics covered include: the unity of normativity; the fundamentality of reasons; attempts to explain reasons in other terms; the relation of motivational reasons to normative reasons; the internalist constraint; the logic and language of reasons and 'ought'; connections between reasons, intentions, choices, and actions; connections between reasons, reasoning, and rationality; connections between reasons, knowledge, understanding and evidence; reasons encountered in perception and testimony; moral principles, prudence and reasons; agent-relative reasons; epistemic challenges to our access to reasons; normativity in relation to meaning, concepts, and intentionality; instrumental reasons; pragmatic reasons for belief; aesthetic reasons; and reasons for emotions.
Download or read book Forms of Life and Following Rules written by D.K. Barry and published by BRILL. This book was released on 2021-12-06 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study defends a version of epistemological relativism, taking as its point of departure some key arguments from the later work of Ludwig Wittgenstein - especially those concerning rule following and forms of life. An opposition is established between the dominant form of epistemological realism - that which relies upon 'truth-conditions'- and theories in which knowledge and truth are fundamentally dependent upon context. It is argued in Part One that Wittgenstein proves the necessity for a contextual understanding of knowledge. Part Two develops a clearer idea of that context, using Thomas Kuhn's concept of paradigm. It is argued that this concept has been largely misunderstood (even by Kuhn), but that it can be developed to be remarkably consistent with Wittgenstein's arguments. All those - philosophers, historians, sociologists and others - who wish finally to understand the complex issues involved in debates about epistemological relativism will find this book invaluable.
Download or read book Controversies in White Collar Crime written by Gary W. Potter and published by Routledge. This book was released on 2001-07-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Original writings explore the issue of white-collar crime and the controversies that surround it, focusing on the vastness of state-corporate and white-collar crime, the victimization that results, and the ways these crimes affect society environmentally, politically, economically and personally. The chapters written for this volume tackle all the major controversies related to white-collar crime: issues of definition, questions of harm and cost, conflicts of interest in enforcement and control, and questions of public policy.
Download or read book Europe s Justice Deficit written by Dimitry Kochenov and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace of any substantive ideal of justice going beyond the founders' intent or the economic objectives of the market integration project. This absence arguably compromises the foundations of the EU legal and political system since the relationship between law and justice-a crucial question within any constitutional system-remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe's future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice. The EU today has moved beyond its initial and primary emphasis on the establishment of an Internal Market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU treaties and of EU case-law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect. The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.
Download or read book Constitutionalism Justified written by Ester Herlin-Karnell and published by Oxford University Press. This book was released on 2019-10-15 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism Justified analyzes leading Frankfurt School theorist Rainer Forst's theory of a basic right to justification, unique in combining insights from philosophy, constitutionalism, and legal theory. Drawing upon Kant's critical philosophy and Habermas's discourse theory, he has developed fresh perspectives on core topics like the concept of justice, the relation between modernity and emancipation, and human rights. The contributors to this volume explore Forst's work from three different perspectives: philosophy, legal philosophy, and constitutional theory. The first part of this volume addresses the philosophical argument of the basic right to justification, including the influence of Kantian thought on this right, the deontological versus teleological fundamentals, the tension between moral pluralism and universalism, and the relation of the right to justification with social and distributive justice. The second part covers how the right to justification is embedded in constitutional and legal frameworks. It explores the implications that Forst's right to justification has for conceptualizing constitutional democracy and its foundations, and how the moral right to justification may translate into particular practices of justification that are constrained by a legal framework. This includes discussion of the value of constitutionalism in general, of the relation between the formal structure of democracy and substantive justice, of the inclusion of outsiders to the constitutional setting, and of proportionality analysis and judicial review as forms of justification. The book concludes with Rainer Forst's reply to his interlocutors, making the book a valuable source for future research.
Download or read book Rights Race and Recognition written by Derrick Darby and published by Cambridge University Press. This book was released on 2009-04-02 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the source of rights? Rights have been grounded in divine agency, human nature, and morally justified claims, and have been used to assess the moral status of legal and customary social practices. The orthodoxy is that some of our rights are a species of unrecognized or natural rights. For example, black slaves in antebellum America were said to have such rights, and this was taken to provide a basis for establishing the immorality of slavery. Derrick Darby exposes the main shortcomings of the orthodox conception of the source of rights and proposes a radical alternative. He draws on the legacy of race and racism in the USA to argue that all rights are products of social recognition. This bold, lucid and meticulously argued book will inspire readers to rethink the central role assigned to rights in moral, political, and legal theory as well as in everyday evaluative discourse.
Download or read book Philosophical Foundations of Tax Law written by Monica Bhandari and published by Oxford University Press. This book was released on 2017 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together major themes and difficult questions in the philosophical foundations of tax law. It allows the reader to consider how tax systems should move forward in the modern world, with a sound philosophical basis, to provide the practical tax system that the state requires and citizens deserve.
Download or read book New Pragmatists written by Cheryl Misak and published by Clarendon Press. This book was released on 2007-03-08 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pragmatism is the view that our philosophical concepts must be connected to our practices - philosophy must stay connected to first order inquiry, to real examples, to real-life expertise. The classical pragmatists, Charles Sanders Peirce, William James, and John Dewey, put forward views of truth, rationality, and morality that they took to be connected to, and good for, our practices of inquiry and deliberation. When Richard Rorty, the best-known contemporary pragmatist, looks at our practices, he finds that we don't aim at truth or objectivity, but only at solidarity, or agreement within a community, or what our peers will let us get away with saying. There is, however, a revisionist movement amongst contemporary philosophers who are interested in pragmatism. When these new pragmatists examine our practices, they find that the trail of the human serpent is over everything, as James said, but this does not toss us into the sea of post-modern arbitrariness, where truth varies from person to person and culture to culture. The fact that our standards of objectivity come into being and evolve over time does not detract from their objectivity. As Peirce and Dewey stressed, we are always immersed in a context of inquiry, where the decision to be made is a decision about what to believe from here, not what to believe were we able to start from scratch - from certain infallible foundations. But we do not go forward arbitrarily. That is, these new pragmatists provide accounts of inquiry that are both recognizably pragmatic in orientation and hospitable to the cognitive aspiration to get one's subject matter right. The best of Peirce, James, and Dewey has thus resurfaced in deep, interesting, and fruitful ways, explored in this volume by David Bakhurst, Arthur Fine, Ian Hacking, David Macarthur, Danielle Macbeth, Cheryl Misak, Terry Pinkard, Huw Price, and Jeffrey Stout.
Download or read book Responsibility in Law and Morality written by Peter Cane and published by Bloomsbury Publishing. This book was released on 2002-04-17 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality stands to law as critical standard to conventional practice. It shows how law and morality interact symbiotically, and how careful study of legal concepts of responsibility can add significantly to our understanding of responsibility more generally. Central to this project is a distinction between two paradigms of responsibility -- the criminal law paradigm and the civil law paradigm. Whereas theoretical discussions of responsibility tend focus on conduct and agency, taking account of civil law reveals the importance of outcomes and the interests of victims and society to ideas of responsibility. The book examines from a distinctively legal point of view central philosophical questions about responsibility such as its relationship with culpability (challenging the common view that moral responsibility requires fault), causation and personality. It explores the relevance of sanctions and problems of proof and enforcement to ideas of responsibility, as well as the relationship between responsibility and distributive justice, and the role of concepts of responsibility in public law. At the heart of this book lie two questions: what does it mean to say we are responsible? and, what are our responsibilities? Its aim is not to answer these questions but to challenge some traditional approaches to answering them and more importantly, to suggest fruitful alternative approaches that take law seriously.
Download or read book Thinking with Tolstoy and Wittgenstein written by Henry W. Pickford and published by Northwestern University Press. This book was released on 2015-11-30 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this highly original interdisciplinary study incorporating close readings of literary texts and philosophical argumentation, Henry W. Pickford develops a theory of meaning and expression in art intended to counter the meaning skepticism most commonly associated with the theories of Jacques Derrida. Pickford arrives at his theory by drawing on the writings of Wittgenstein to develop and modify the insights of Tolstoy’s philosophy of art. Pickford shows how Tolstoy’s encounter with Schopenhauer’s thought on the one hand provided support for his ethical views but on the other hand presented a problem, exemplified in the case of music, for his aesthetic theory, a problem that Tolstoy did not successfully resolve. Wittgenstein’s critical appreciation of Tolstoy’s thinking, however, not only recovers its viability but also constructs a formidable position within contemporary debates concerning theories of emotion, ethics, and aesthetic expression.
Download or read book Oxford Studies in Metaethics 13 written by Russ Shafer-Landau and published by Oxford University Press. This book was released on 2018-07-18 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oxford Studies in Metaethics is the only publication devoted exclusively to original philosophical work in the foundations of ethics. It provides an annual selection of much of the best new scholarship being done in the field. Its broad purview includes work being done at the intersections of ethical theory with metaphysics, epistemology, philosophy of language, and philosophy of mind. The essays included in the series provide an excellent basis for understanding recent developments in the field; those who would like to acquaint themselves with the current state of play in metaethics would do well to start here.
Download or read book Human Dignity written by Austin Sarat and published by Emerald Group Publishing. This book was released on 2022-07-12 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: This special issue investigates the meaning of justice and dignity and how they have changed over time. What do we mean by human dignity? How do we understand and interpret that meaning? How has it evolved?
Download or read book The Sustainability Revolution in International Trade Agreements written by and published by Oxford University Press. This book was released on 2024-08-01 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Once seen as aspirational and relatively innocuous, 'sustainability' or 'sustainable development' provisions are now changing the face of international trade agreements. The Sustainability Revolution in International Trade Agreements gathers fundamental, first-hand analyses of these novel commitments across dozens of agreements, considering their legal, political, and economic aspects. Drawing on perspectives from different parts of the world and engaging experts in the law and practice of sustainability provisions, this volume offers a comprehensive assessment of the latest developments and innovations in international trade agreements. It also evaluates the development challenges that sustainability requirements pose for countries with limited resources and capacity, for whom lower labour and environmental regulatory costs have been a competitive asset. The present volume explores the intersectional aspects of sustainability - such as gender equality, biodiversity, animal welfare, and Indigenous rights - in addition to the more traditional dimensions of sustainability, namely economic development, environmental conservation, and improvement of labour standards. There is little doubt that a sustainability revolution in global production patterns is needed. Considering the details of its operation - how it can come into being, who will bear the increased production costs, and how decisions on difficult trade-offs will be made - reveals the immense challenges involved in developing a new international law for sustainable trade. Read together, the chapters in this volume outline the contours this emerging legal framework, examine its practical operation, and offer important reflections upon the real extent and the foreseeable consequences of this sustainability revolution in international trade agreements.
Download or read book Property and Justice written by Billy Christmas and published by Routledge. This book was released on 2021-03-29 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the centre of justice, what does that mean for the property system? Economists and lawyers widely agree that a property system must be composed of many different types of property: the kind of private ownership one has over one’s person and immediate possessions, as well as the kinds of common ownership we each have in our local streets, as well as many more. However, theories of property and justice have not given anything approaching an adequate account of the relationship between liberty and any other form of property other than private ownership. It is often thought that a basic commitment to liberty cannot really tell us how to arrange the major complexities of the property system, which diverge from simple private ownership. Property and Justice demonstrates how philosophical rigour coupled with interdisciplinary engagement enables us to think clearly about how to deal with real-world problems. It will be of interest to political philosophers, political theorists, and legal theorists working on property rights and justice.
