Download or read book Shaping the Normative Landscape written by David Owens and published by Oxford University Press (UK). This book was released on 2012-09-20 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shaping the Normative Landscape is an investigation of the value of obligations and of rights, of forgiveness, of consent and refusal, of promise and request. David Owens shows that these are all instruments by which we exercise control over our normative environment. Philosophers from Hume to Scanlon have supposed that when we make promises and give our consent, our real interest is in controlling (or being able to anticipate) what people will actually do and that our interest in rights and obligations is a by-product of this more fundamental interest. In fact, we value for its own sake the ability to decide who is obliged to do what, to determine when blame is appropriate, to settle whether an act wrongs us. Owens explores how we control the rights and obligations of ourselves and of those around us. We do so by making friends and thereby creating the rights and obligations of friendship. We do so by making promises and so binding ourselves to perform. We do so by consenting to medical treatment and thereby giving the doctor the right to go ahead. The normative character of our world matters to us on its own account. To make sense of promise, consent, friendship and other related phenomena we must acknowledge that normative interests are amongst our fundamental interests. We must also rethink the psychology of agency and the nature of social convention.
Download or read book The Moral Nexus written by R. Jay Wallace and published by Princeton University Press. This book was released on 2024-12-17 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new way of understanding the essence of moral obligation The Moral Nexus develops and defends a new interpretation of morality—namely, as a set of requirements that connect agents normatively to other persons in a nexus of moral relations. According to this relational interpretation, moral demands are directed to other individuals, who have claims that the agent comply with these demands. Interpersonal morality, so conceived, is the domain of what we owe to each other, insofar as we are each persons with equal moral standing. The book offers an interpretative argument for the relational approach. Specifically, it highlights neglected advantages of this way of understanding the moral domain; explores important theoretical and practical presuppositions of relational moral duties; and considers the normative implications of understanding morality in relational terms. The book features a novel defense of the relational approach to morality, which emphasizes the special significance that moral requirements have, both for agents who are deliberating about what to do and for those who stand to be affected by their actions. The book argues that relational moral requirements can be understood to link us to all individuals whose interests render them vulnerable to our agency, regardless of whether they stand in any prior relationship to us. It also offers fresh accounts of some of the moral phenomena that have seemed to resist treatment in relational terms, showing that the relational interpretation is a viable framework for understanding our specific moral obligations to other people.
Download or read book The Right of Redress written by Andrew Gold and published by Oxford University Press. This book was released on 2020-07-17 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law enables private parties to undo the wrongs committed against them, allowing victims to seek redress. A distinctive kind of justice governs our legal rights of redress, different from the leading corrective justice approaches. Through analysis of this key idea, The Right of Redress helps to make sense of tort, contract, fiduciary law, and unjust enrichment doctrine. When a wrong is remedied, the authorship of that remedy matters. The justice in private law is sensitive to a right holder's authorship, and understanding how solves a number of legal theory puzzles. Many forms of redress are only available with state assistance, and a full account of private law requires an account of the state's responsibility to assist. It also requires an explanation of those cases in which the state declines to assist. Prior accounts have drawn on Kantian principles or a Lockean social contract theory, where The Right of Redress, drawing on public fiduciary theory, develops a distinctive account of the state's role. This book offers a new take on various modern features of the private law landscape, ranging from equity, to damage caps, to arbitration, to corporate claims, to class actions. The Right of Redress thus offers a pathbreaking account of the justice in private law, the political theory that underlies it, and the contemporary features that shape our rights of redress today.
Download or read book Oxford Studies in Metaethics Volume 17 written by Russ Shafer-Landau and published by Oxford University Press. This book was released on 2022-03-21 with total page 303 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 The EU the US and Global Climate Governance written by Christine Bakker and published by Routledge. This book was released on 2016-02-17 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a critical analysis of transatlantic relations in the field of environmental governance and climate change. The work focuses on understanding the possible trends in the evolution of global environmental governance and the prospects for breaking the current impasse on climate action. Drawing on research involving experts from eleven different universities and institutes, the authors provide innovative analyses on policy measures taken by the EU and the US, the world’s largest economic and commercial blocs, in a number of fields, ranging from general attitudes on environmental leadership with regard to climate change, to energy policies, new technologies for hydrocarbons extraction and carbon capture, as well as the effects of extreme weather events on climate-related political attitudes. The book examines the way in which the current attitudes of the EU and the US with regard to climate change will affect international cooperation and the building of consensus on possible climate policies, and looks to the future for international environmental governance, arguably one of the most pressing concerns of civilisation today. This book, which is based on research carried out in the context of the EU-financed FP7 research project TRANSWORLD, will appeal to academics, policy makers and practitioners seeking a deeper understanding of the challenges resulting from climate change.
Download or read book The New Yearbook for Phenomenology and Phenomenological Philosophy written by Burt C. Hopkins and published by Taylor & Francis. This book was released on 2022-09-14 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume XIX Reinach and Contemporary Philosophy Aim and Scope: The New Yearbook for Phenomenology and Phenomenological Philosophy provides an annual international forum for phenomenological research in the spirit of Husserl’s groundbreaking work and the extension of this work by such figures as Scheler, Heidegger, Sartre, Levinas, Merleau-Ponty, and Gadamer. Contributors: Emanuela Carta, Maciej Czerkawski, Francesca De Vecchi, Aurélien Djian, Christopher Erhard, Guillaume Fréchette, Hynek Janoušek, Olimpia Giuliana Loddo, Giuseppe Lorini, Karl Mertens, Riccardo Paparusso, Fabio Tommy Pellizzer, Francesco Pisano, Alessandro Salice, Denis Seron, Michela Summa, Genki Uemura, Basil Vassilicos, and Íngrid Vendrell Ferran. Submissions: Manuscripts, prepared for blind review, should be submitted to the Editors ([email protected] and [email protected]) electronically via e-mail attachments.
Download or read book The Moral Psychology of Sadness written by Anna Gotlib and published by Rowman & Littlefield. This book was released on 2017-11-30 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to be sad? What difference does it make whether, how, and why we experience our own, and other people’s, sadness? Is sadness always appropriate and can it be a way of seeing more clearly into ourselves and others? In this volume, a multi-disciplinary team of scholars - from fields including philosophy, women’s and gender studies, bioethics and public health, and neuroscience - addresses these and other questions related to this nearly-universal emotion that all of us experience, and that some of us dread. Somewhat surprisingly, sadness has been largely ignored by philosophers and others within the humanities, or else under-theorized as a subject worthy of serious and careful attention. This volume reverses this trend, presenting sadness as not merely a feeling or affect, but an emotion of great moral significance that in important ways underwrites how we understand ourselves and each other.
Download or read book The Roots of Normativity written by Joseph Raz and published by Oxford University Press. This book was released on 2022 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book concerns one of the most basic philosophical questions: the explanation of normativity in its many guises. It lays out succinctly the view of normativity that Raz has sought to develop over many decades and determines its contours through some of its applications. In a nutshell, it is the view that understanding normativity is understanding the roles and structures of normative reasons which, when they are reasons for actions, are based on values. The book aims also to clarify the ways in which normative reasons are made for rational beings like us. It brings the account of normativity to bear on many aspects of the lives of rational beings, most abstractly, their agency, more concretely their ability to form and maintain relationships, and live their lives as social beings with a sense of their identity"--
Download or read book Borderlines in Private Law written by and published by Oxford University Press. This book was released on 2024-10-17 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mapmaking analogies are a longstanding hallmark of private law scholarship, but the boundaries between subject areas are not always neat and tidy. Can lines be drawn between property and obligations, or common law and equity? Should tort and unjust enrichment be subordinate to the law of contract? Should equity enforce agreements that contract does not? Are equitable wrongs meaningfully different from torts? Where do these borders sit, and what does one do with areas that intersect? In this collection of essays, several of the UK's leading academic lawyers discuss these borderlines and intersections. Covering five broad topics—contract, tort, unjust enrichment, property, and equity—the contributors take varied approaches. Some argue for distinct categories and the careful maintenance of borders, while others celebrate cross-border exchanges, or say that any attempt to draw and maintain borders is a futile endeavour. In addition to the contributions from academic lawyers, the book contains responses from senior members of the UK judiciary, including Lord Sales and Lady Carr, offering their perspectives on these debates, and advice on how to structure, order, and understand private law in the context of real-world disputes. With an esteemed group of contributors, Borderlines in Private Law is at the cutting edge of modern private law scholarship, providing invaluable discussion on the interactions between contract, tort, equity, unjust enrichment, and property law.
Download or read book Just Words written by Mary Kate McGowan and published by Oxford University Press. This book was released on 2019-01-24 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: We all know that speech can be harmful. But what are the harms and how exactly does the speech in question brings those harms about? Mary Kate McGowan identifies a previously overlooked mechanism by which speech constitutes, rather than merely causes, harm. She argues that speech constitutes harm when it enacts a norm that prescribes that harm. McGowan illustrates this theory by considering many categories of speech including sexist remarks, racist hate speech, pornography, verbal triggers for stereotype threat, micro-aggressions, political dog whistles, slam poetry, and even the hanging of posters. Just Words explores a variety of harms - such as oppression, subordination, discrimination, domination, harassment, and marginalization - and ways in which these harms can be remedied.
Download or read book Philosophical Foundations of Contract Law written by George Letsas and published by Oxford University Press, USA. This book was released on 2014 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.
Download or read book Humanity without Dignity written by Andrea Sangiovanni and published by Harvard University Press. This book was released on 2017-06-26 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Name any valued human trait—intelligence, wit, charm, grace, strength—and you will find an inexhaustible variety and complexity in its expression among individuals. Yet we insist that such diversity does not provide grounds for differential treatment at the most basic level. Whatever merit, blame, praise, love, or hate we receive as beings with a particular past and a particular constitution, we are always and everywhere due equal respect merely as persons. But why? Most who attempt to answer this question appeal to the idea that all human beings possess an intrinsic dignity and worth—grounded in our capacities, for example, to reason, reflect, or love—that raises us up in the order of nature. Andrea Sangiovanni rejects this predominant view and offers a radical alternative. To understand our commitment to basic equality, Humanity without Dignity argues that we must begin with a consideration not of equality but of inequality. Rather than search for a chimerical value-bestowing capacity possessed to an equal extent by each one of us, we ought to ask: Why and when is it wrong to treat others as inferior? Sangiovanni comes to the conclusion that our commitment to moral equality is best explained by a rejection of cruelty rather than a celebration of rational capacity. He traces the impact of this fundamental shift for our understanding of human rights and the norms of anti-discrimination that underlie it.
Download or read book Research Handbook on Legal Evolution written by Wojciech Zaluski and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopting an evolutionary perspective, this Research Handbook presents novel and cutting-edge insights into the interdisciplinary field of legal evolution. Engaging with various scientific approaches, it provides a versatile analysis of legal evolution, examining the field as a whole as well as in the context of specific branches of law.
Download or read book Morality and Socially Constructed Norms written by Laura Valentini and published by Oxford University Press. This book was released on 2023-10-26 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Observe social distancing. Tip your waiter. Give priority to the elderly. Stop at the red light. Pay your taxes. Do not chew with your mouth open. These are imperatives we face every day, imposed upon us by norms that happen to be generally accepted in our environment. Call these 'socially constructed norms'. A constant presence in our lives, these norms elicit mixed feelings. On the one hand, we treat them as valid standards of behaviour and respond to their violation with emotions such disapproval, resentment, and guilt. On the other hand, we look at them with suspicion: after all, they are arbitrary human constructs that may contribute to oppression and injustice. In light of this ambivalence, it is important to have a criterion telling us when, if ever, we are morally bound by socially constructed norms and when we should instead disregard them. Morality and Socially Constructed Norms systematically develops such a criterion. It traces the moral significance of those norms to the agential commitments that underpin them, and explains why those commitments ought to be respected, provided the content of the corresponding norms is consistent with independent moral constraints. The book then explores the implications of this view for three core questions in moral, legal, and political philosophy: the grounding of moral rights, the obligation to obey the law, and the wrong of sovereignty violations. Morality and Socially Constructed Norms shows how much progress can be made in normative theorizing when we give socially constructed norms their (moral) due.
Download or read book Normativity and Power written by Rainer Forst and published by Oxford University Press. This book was released on 2017-10-20 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Humans are justificatory beingsthey offer, demand, and require justifications. The rules and institutions they follow rest on justification narratives that have evolved over time and, taken together, constitute a dynamic and tension-laden normative order. In this collection of essays, the first translation into English of the ground-breaking Normativität und Macht (Suhrkamp 2015), Rainer Forst presents a new approach to critical theory. Each essay reflects on the basic principles that guide our normative thinking. Forst's argument goes beyond 'ideal' and 'realist' theories and shows how closely the concepts of normativity and power are interrelated, and how power rests on the capacity to influence, determine, and possibly restrict the space of justifications for others. By combining insights from the disciplines of philosophy, history, and the social sciences, Forst re-evaluates theories of justice, as well as of power, and provides the tools for a critical theory of relations of justification.
Download or read book The Cambridge History of Latin American Law in Global Perspective written by Thomas Duve and published by Cambridge University Press. This book was released on 2024-01-31 with total page 1048 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering the precolonial period to the present, The Cambridge History of Latin American Law in Global Perspective provides a comprehensive overview of Latin American law, revealing the vast commonalities and differences within the continent as well as entanglements with countries around the world. Bringing together experts from across the Americas and Europe, this innovative treatment of Latin American law explains how law operated in different historical settings, introduces a wide variety of sources of legal knowledge, and focuses on law as a social practice. It sheds light on topics such as the history of indigenous peoples' laws, the significance of religion in law, Latin American independences, national constitutions and codifications, human rights, dictatorships, transitional justice and legal pluralism, and a broad panorama of key aspects of the history of statehood and law. This title is also available as Open Access on Cambridge Core.
Download or read book Hegel and Contemporary Practical Philosophy written by James Gledhill and published by Routledge. This book was released on 2020-04-08 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: While Kantian constructivism has become one of the most influential and systematic schools of thought in analytic moral and political philosophy, Hegelian approaches to practical normativity hold out the promise of building upon Kantian insights into individual self-determination while avoiding their dualistic tendencies. James Gledhill and Sebastian Stein unite distinguished scholars of German idealism and contemporary Anglophone practical philosophy with rising stars in the field, to explore whether Hegelian idealist philosophy can offer the categories that analytic practical philosophy requires to overcome the contradictions that have so far plagued Kantian constructivism. The volume organizes the contributions into three parts. The first of these engages debates in metaethics regarding the relationship between realism and constructivism. The second part sees contributors draw on debates about the nature of political normativity, focusing primarily on the problems of historical contextualism, relativism, and critical reflection. The concluding part considers the application of the Hegelian framework to contemporary debates about specific ethical issues, including multiculturalism, democracy, and human rights. Hegel and Contemporary Practical Philosophy contributes to the on-going debate about the importance of systematic philosophy in the context of practical philosophy, engages with contemporary discussions about the shape of a rational social order, and gauges the timeliness of Hegelian philosophy. This book is a must read for scholars interested in Hegel and in the contemporary tradition of Kantian constructivism in moral and political philosophy.
