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Overcoming law

Cambridge, Mass.: Harvard University Press (1995)

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  1. Normative Ethics after Pragmatic Naturalism.Alex Sager - 2014 - Metaphilosophy 45 (3):422-440.
    Philip Kitcher presents an ambitious account of pragmatic naturalism that incorporates an explanatory story of the emergence and development of ethics, a metaethical perspective on progress, and a normative stance for moral theorizing. This article contends that Kitcher's normative stance is incompatible with the explanatory and metaethical components of his project. Instead, pragmatic naturalists should endorse a normative ethics that is experimental, grounded in practice, and acutely aware of cognitive and informational limitations. In particular, the ethical project would benefit from (...)
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  • Melody and Law's Mindfulness of Time.Gerald J. Postema - 2004 - Ratio Juris 17 (2):203-226.
    . A structured awareness of time lies at the core of the law's distinctive normativity. Melody is offered as a rough model of this mindfulness of time, since some important features of this awareness are also present in a hearer's grasp of melody. The model of melody is used, first, to identify some temporal dimensions of intentional action and then to highlight law's mindfulness of time. Its role in the structure of legal thinking, and especially in precedent‐sensitive legal reasoning, is (...)
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  • Politics, governance and the ethics of belief.Karen Kunz & C. F. Abel - 2022 - Philosophy and Social Criticism 48 (10):1464-1479.
    In matters of governance, is believing subject to ethical standards? If so, what are the criteria how relevant are they in our personal and political culture today? The really important matters in politics and governance necessitate a confidence that our beliefs will lead dependably to predictable and verifiable outcomes. Accordingly, it is unethical to hold a belief that is founded on insufficient evidence or based on hearsay or blind acceptance. In this paper, we demonstrate that the pragmatist concept of truth (...)
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  • New Directions in Legal Scholarship: Implications for Business Ethics Research, Theory, and Practice.John Hasnas, Robert Prentice & Alan Strudler - 2010 - Business Ethics Quarterly 20 (3):503-531.
    ABSTRACT:Legal scholars and business ethicists are interested in many of the same core issues regarding human and firm behavior. The vast amount of legal research being generated by nearly 10,000 law school and business law scholars will inevitably influence business ethics research. This paper describes some of the recent trends in legal scholarship and explores its implications for three significant aspects of business ethics research—methodology, theory, and policy.
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  • Resources for Research on Analogy: A Multi-disciplinary Guide.Marcello Guarini, Amy Butchart, Paul Simard Smith & Andrei Moldovan - 2009 - Informal Logic 29 (2):84-197.
    Work on analogy has been done from a number of disciplinary perspectives throughout the history of Western thought. This work is a multidisciplinary guide to theorizing about analogy. It contains 1,406 references, primarily to journal articles and monographs, and primarily to English language material. classical through to contemporary sources are included. The work is classified into eight different sections (with a number of subsections). A brief introduction to each section is provided. Keywords and key expressions of importance to research on (...)
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  • The Marketing Firm and the Consumer Organization: A Comparative Analysis With Special Reference to Charitable Organizations.Gordon Robert Foxall, Valdimar Sigurdsson & Joseph K. Gallogly - 2020 - Frontiers in Psychology 11.
    The accurate delineation of various forms of business organization requires a comparative analysis of their objectives, functions, and organizational structures. In particular, this paper highlights differences in managerial work between business firms and non-profits exemplified by the charitable organization. It adopts as its template the theory of the marketing firm, a depiction of the modern corporation as it responds to the imperatives of customer-oriented management, namely consumer discretion and consumer sophistication. It describes in §2 the essentials of the theory and (...)
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  • Dews, Dworks, and Poses Decide Lochner.Brian E. Butler - 2010 - Contemporary Pragmatism 7 (2):15-44.
    Lochner represents a crucial case in American constitutional law. An investigation of the decision highlights important philosophical aspects of the place of law in a democratic society. Analysis of contemporary stances on Lochner, the actual Lochner opinion (including the dissents by Harlan and Holmes) and how judges following the legal philosophies of John Dewey, Ronald Dworkin and Richard Posner (“Dews,” “Dworks,” and “Poses”) would have decided the case shows that Dewey’s theory of law and democracy emerges as the most attractive (...)
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  • Legal Interpretivism versus Legal Pragmatism: an Assessment.Morteza Nouri - 2020 - Philosophical Investigations 14 (30):101-121.
    Ronald Dworkin’s interpretivism contains significant elements which might be both regarded as advantages and disadvantages of this legal theory. Among them, the main one is the concept of “theoretical ascent”. He deliberately targets many pragmatist theories, especially in moral and legal philosophy, with the aid of this concept. On the other hand, this concept, overloaded with metaphysical presuppositions, is highly susceptible to well-known pragmatistic criticisms. So, in this essay, I shall follow two main objectives: 1) I would try to remove (...)
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  • Russian Judicial System in the Light of Public Policy.Fedor A. Voscresensky - 2021 - Антиномии 21 (4):79-110.
    The article describes the functioning of the Judiciary as an element of the political system of modern Russia. The characteristics of the activities of the courts are manifested through the mechanism of judicial discretion, within the framework of which decisions on cases are made. There are two main models used to explain the behavior of judges: based on the law and on the basis of personal preference. In Russian conditions, the most adequate way to explain the behavior of judges on (...)
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