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  1. Kenneth Einar Himma (2009). Artificial Agency, Consciousness, and the Criteria for Moral Agency: What Properties Must an Artificial Agent Have to Be a Moral Agent? [REVIEW] Ethics and Information Technology 11 (1):19-29.
    In this essay, I describe and explain the standard accounts of agency, natural agency, artificial agency, and moral agency, as well as articulate what are widely taken to be the criteria for moral agency, supporting the contention that this is the standard account with citations from such widely used and respected professional resources as the Stanford Encyclopedia of Philosophy, Routledge Encyclopedia of Philosophy, and the Internet Encyclopedia of Philosophy. I then flesh out the implications of some of these well-settled theories (...)
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  2.  17
    Kenneth Einar Himma (2015). Conceptual Jurisprudence. An Introduction to Conceptual Analysis and Methodology in Legal Theory. Revus 26.
    This essay attempts to provide an accessible introduction to the topic area of conceptual analysis of legal concepts and its methodology. I attempt to explain, at a fairly foundational level, what conceptual analysis is, how it is done and why it is important in theorizing about the law. I also attempt to explain how conceptual analysis is related to other areas in philosophy, such as metaphysics and epistemology. Next, I explain the enterprise of conceptual jurisprudence, as concerned to provide an (...)
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  3.  11
    Kenneth Einar Himma (2016). The Ethics of Subjecting a Child to the Risk of Eternal Torment. Faith and Philosophy 33 (1):94-108.
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  4. Kenneth Einar Himma (2002). Prior Probabilities and Confirmation Theory: A Problem with the Fine-Tuning Argument. [REVIEW] International Journal for Philosophy of Religion 51 (3):175-194.
    Fine-tuning arguments attempt to infer God’s existence from the empirical fact that life would not be possible if any of approximately two-dozen fundamental laws and properties of the universe had been even slightly different. In this essay, I consider a version that relies on the following principle: if an observation O is more likely to occur under hypothesis H1 than under hypothesis H2, then O supports accepting H1 over H2. I argue that this particular application of this principle is vulnerable (...)
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  5.  30
    Kenneth Einar Himma (2004). There's Something About Mary: The Moral Value of Things Qua Information Objects. [REVIEW] Ethics and Information Technology 6 (3):145-159.
    . Luciano Floridi argues that every existing entity is deserving of at least minimal moral respect in virtue of having intrinsic value qua information object. In this essay, I attempt a comprehensive assessment of this important view as well as the arguments Floridi offers in support of it. I conclude both that the arguments are insufficient and that the thesis itself is substantively implausible from the standpoint of ordinary intuitions.
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  6.  12
    Kenneth Einar Himma (2007). Just 'Cause You're Smarter Than Me Doesn't Give You a Right to Tell Me What to Do: Legitimate Authority and the Normal Justification Thesis. Oxford Journal of Legal Studies 27 (1):121-150.
    Joseph Raz's famous theory of authority is grounded in three claims about the nature and justification of authority. According to the Preemption Thesis, authoritative directives purport to replace the subject's judgments about what she should do. According to the Dependence Thesis, authoritative directives should be based on reasons that actually apply to the subjects of the directive. According to the Normal Justification Thesis (NJT), authority is justified to the extent that subjects are more likely to comply with right reason by (...)
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  7. Kenneth Einar Himma, Privacy Vs. Security: Why Privacy is Not an Absolute Value or Right.
    In this essay, I consider the relationship between the rights to privacy and security and argue that, in a sense to be made somewhat more precise below, that threats to the right to security outweighs comparable threats to privacy. My argument begins with an assessment of ordinary case judgments and an explanation of the important moral distinction between intrinsic value (i.e., value as an end) and instrumental value (i.e., value as a means), arguing that each approach assigns more moral value, (...)
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  8.  30
    Kenneth Einar Himma (2005). The Application-Conditions for Design Inferences: Why the Design Arguments Need the Help of Other Arguments for God's Existence. [REVIEW] International Journal for Philosophy of Religion 57 (1):1 - 33.
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  9.  24
    Kenneth Einar Himma (2011). Explaining Why This Body Gives Rise to Me Qua Subject Instead of Someone Else : An Argument for Classical Substance Dualism. Religious Studies 47 (4):431 - 448.
    Since something cannot be conscious without being a conscious subject, a complete physicalist explanation of consciousness must resolve an issue first raised by Thomas Nagel, namely to explain why a particular mass of atoms that comprises my body gives rise to me as conscious subject, rather than someone else.In this essay, I describe a thought-experiment that suggests that physicalism lacks the resources to address Nagel's question and seems to pose a counter-example to any form of non-reductive physicalism relying on the (...)
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  10.  30
    Kenneth Einar Himma (2003). The Relationship Between the Uniqueness of Computer Ethics and its Independence as a Discipline in Applied Ethics. Ethics and Information Technology 5 (4):225-237.
    A number of different uniquenessclaims have been made about computer ethics inorder to justify characterizing it as adistinct subdiscipline of applied ethics. Iconsider several different interpretations ofthese claims and argue, first, that none areplausible and, second, that none provideadequate justification for characterizingcomputer ethics as a distinct subdiscipline ofapplied ethics. Even so, I argue that computerethics shares certain important characteristicswith medical ethics that justifies treatingboth as separate subdisciplines of appliedethics.
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  11.  6
    Kenneth Einar Himma (2010). Plantinga's Version of the Free-Will Argument: The Good and Evil That Free Beings Do: Kenneth Einar Himma. Religious Studies 46 (1):21-39.
    According to Plantinga's version of the free-will argument , the existence of free beings in the world who, on the whole, do more good than evil is the greater moral good that cannot be secured by even an omnipotent God without allowing some evil and thereby shows the logical compatibility of God with evil. In this essay, I argue that there are good empirical and moral reasons, from the standpoint of one plausible conception of Christian ethics, to doubt that Plantinga's (...)
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  12.  48
    Kenneth Einar Himma (2009). Positivism and Interpreting Legal Content: Does Law Call for a Moral Semantics? Ratio Juris 22 (1):24-43.
    In two fascinating papers, Jules Coleman has been considering an idea, first articulated and defended by Scott Shapiro in his forthcoming book Legality , that law calls for a moral semantics. In a recent paper, Coleman argues it is a conceptual truth that legal content stating behavioral requirements, whether construed as propositions or imperatives, can "truthfully be redescribed as expressing a moral directive or authorization" ( Coleman 2007 , 592). For example, the directive "mail fraud is illegal" expresses , if (...)
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  13.  93
    Kenneth Einar Himma (2010). Plantinga's Version of the Free-Will Argument: The Good and Evil That Free Beings Do. Religious Studies 46 (1):21-39.
    According to Plantinga's version of the free-will argument (FWA), the existence of free beings in the world who, on the whole, do more good than evil is the greater moral good that cannot be secured by even an omnipotent God without allowing some evil and thereby shows the logical compatibility of God with evil. In this essay, I argue that there are good empirical and moral reasons, from the standpoint of one plausible conception of Christian ethics, to doubt that Plantinga's (...)
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  14.  98
    Kenneth Einar Himma, Design Arguments for the Existence of God. Internet Encyclopedia of Philosophy.
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  15.  19
    Matthew D. Adler & Kenneth Einar Himma, The Rule of Recognition and the U.S. Constitution.
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  16.  38
    Kenneth Einar Himma (2007). The Concept of Information Overload: A Preliminary Step in Understanding the Nature of a Harmful Information-Related Condition. [REVIEW] Ethics and Information Technology 9 (4):259-272.
    The amount of content, both on and offline, to which people in reasonably affluent nations have access has increased to the point that it has raised concerns that we are now suffering from a harmful condition of ‹information overload.’ Although the phrase is being used more frequently, the concept is not yet well understood – beyond expressing the rather basic idea of having access to more information than is good for us. This essay attempts to provide a philosophical explication of (...)
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  17.  55
    Kenneth Einar Himma (2003). Eternally Incorrigible: The Continuing-Sin Response to the Proportionality Problem of Hell. Religious Studies 39 (1):61-78.
    According to the proportionality objection to hell, infinite suffering is out of proportion to any wrong that finite human beings could commit and is hence unjust and inconsistent with God's moral perfection. The continuing-sin response concedes that eternal consignment to hell is out of proportion to the sins people commit during their earthly lives, but argues that people in hell continue to sin while in hell and, in this way, extend their consignment to hell ad infinitum. In this essay, I (...)
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  18.  85
    Kenneth Einar Himma (2009). The Free-Will Defence: Evil and the Moral Value of Free Will. Religious Studies 45 (4):395-415.
    One version of the free-will argument relies on the claim that, other things being equal, a world in which free beings exist is morally preferable to a world in which free beings do not exist (the 'value thesis'). I argue that this version of the free-will argument cannot support a theodicy that should alleviate the doubts about God's existence to which the problems of evil give rise. In particular, I argue that the value thesis has no foundation in common intuitions (...)
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  19.  16
    Kenneth Einar Himma (2002). Finding a High Road: The Moral Case for Salvific Pluralism. [REVIEW] International Journal for Philosophy of Religion 52 (1):1-33.
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  20.  3
    Kenneth Einar Himma (2015). Konceptualna jurisprudencija. Uvod u konceptualnu analizu i metodologiju u pravnoj teoriji. Revus 26:35-63.
    U ovom radu nastojim da čitaoce uvedem u problemsku oblast konceptualne analize pravnih pojmova i njene metodologije. Pokušavam da, na prilično bazičnom nivou, objasnim šta je konceptualna analiza, na koji način se ona obavlja i zašto je ona važna za teoriju prava. Takođe nastojim i da objasnim na koji način je konceptualna analiza povezana sa drugim oblastima filozofije, kao što su metafizika i epistemologija. Zatim, objašnjavam poduhvat u koji se konceptualna jurisprudencija upušta – da opiše ona svojstva po kojima se (...)
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  21.  41
    Kenneth Einar Himma (2002). On the Definition of Unconscionable Racial and Sexual Slurs. Journal of Social Philosophy 33 (3):512–522.
  22. Kenneth Einar Himma (2009). The Free-Will Defence: Evil and the Moral Value of Free Will: Kenneth Einar Himma. Religious Studies 45 (4):395-415.
    One version of the free-will argument relies on the claim that, other things being equal, a world in which free beings exist is morally preferable to a world in which free beings do not exist . I argue that this version of the free-will argument cannot support a theodicy that should alleviate the doubts about God's existence to which the problems of evil give rise. In particular, I argue that the value thesis has no foundation in common intuitions about morality. (...)
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  23.  35
    Kenneth Einar Himma, Philosophy of Law. Internet Encyclopedia of Philosophy.
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  24.  33
    Kenneth Einar Himma (1998). Positivism, Naturalism, and the Obligation to Obey Law. Southern Journal of Philosophy 36 (2):145-161.
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  25. Kenneth Einar Himma (2001). Law's Claim of Legitimate Authority. In Jules L. Coleman (ed.), Hart's Postscript: Essays on the Postscript to `the Concept of Law'. OUP Oxford
  26.  8
    Kenneth Einar Himma (2002). Ambiguously Stung. Legal Theory 8 (2):145-183.
    In Laws creation but disagree on whether those facts are sufficient to endow the rule with legal authority. This sort of disagreement is theoretical in nature as it concerns the grounds of law, which, according to positivism, are exhausted by the rule of recognition.
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  27.  26
    Kenneth Einar Himma (2001). The Instantiation Thesis and Raz's Critique of Inclusive Positivism. Law and Philosophy 20 (1):61 - 79.
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  28.  57
    Kenneth Einar Himma, Legal Positivism. Internet Encyclopedia of Philosophy.
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  29.  6
    Kenneth Einar Himma (1999). Waluchow's Defense of Inclusive Positivism. Legal Theory 5 (1):101-116.
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  30.  11
    Kenneth Einar Himma (2007). The Information Gap, the Digital Divide, and the Obligations of Affluent Nations. International Review of Information Ethics 7 (9):3-4.
    In this essay, I would like to do three things. First, I would like to provide a broad and brief overview of the effects of absolute poverty in creating an information gap and a digital divide and the effects of these gaps in perpetuating absolute poverty. Second, I would like to show that ordinary case intuitions, normative ethical theories, and theological considerations converge in entailing a moral obligation to help those in poverty. Third, I would like to argue, all too (...)
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  31.  12
    Kenneth Einar Himma (2002). Onora O'Neill, Bounds of Justice. Philosophical Inquiry 24 (1-2):111-113.
  32.  4
    Kenneth Einar Himma (1999). A Critique of UNOS Liver Allocation Policy. Cambridge Quarterly of Healthcare Ethics 8 (3):311-320.
    The United Network for Organ Sharing recently changed the policy by which donor livers are allocated to liver failure patients in the United States. Formerly, all liver failure patients were characterized as status 1 and placed at the top of the transplant list. Under the new policy, only patients with liver failure due to acute illness () are eligible for status 1; patients with liver failure due to chronic liver disease () are characterized as status 2. Since donor organs are (...)
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  33.  2
    Kenneth Einar Himma (2005). The Application-Conditions for Design Inferences: Why the Design Arguments Need the Help of Other Arguments for God’s Existence. International Journal for Philosophy of Religion 57 (1):1-33.
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  34.  20
    Kenneth Einar Himma (2006). Christian Faith Without Belief That God Exists. Faith and Philosophy 23 (1):65-79.
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  35.  18
    Kenneth Einar Himma (2003). What Philosophy of Mind Can Tell Us About the Morality of Abortion. International Journal of Applied Philosophy 17 (1):89-109.
    I attempt to show that, under materialist assumptions about the nature of mind, it is a necessary condition for fetal personhood that electrical activity has begun in the brain. First, I argue that it is a necessary condition for a thing to be a moral person that it is (or has) a self—understood as something that is capable of serving as the subject of a mental experience. Second, I argue that it is a necessary condition for a fetus to be (...)
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  36.  10
    Kenneth Einar Himma (2001). Bringing Hart and Raz to the Table: Coleman's Compatibility Thesis. Oxford Journal of Legal Studies 21 (4):609-627.
    Inclusive and exclusive positivists disagree on whether criteria of validity can incorporate moral norms. Inclusive positivists believe there are conceptually possible legal systems in which the criteria of validity include moral norms (the ‘Incorporation Thesis’). Exclusive positivists, following Joseph Raz, reject the Incorporation Thesis on the ground that subjects of a putative legal system incorporating moral criteria of validity could not identify the law without evaluating the very reasons the law is supposed to replace. Since law cannot be authoritative unless (...)
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  37.  7
    Kenneth Einar Himma (2000). H.L.A. Hart and the Practical Difference Thesis. Legal Theory 6 (1):1-43.
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  38.  16
    Kenneth Einar Himma (2002). Desert, Entitlement, and Affirmative Action. Social Theory and Practice 28 (1):157-166.
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  39.  17
    Kenneth Einar Himma (2011). Richard Spinello and Maria Bottis: Understanding the Debate on the Legal Protection of Moral Intellectual Property Interests: Review Essay of A Defense of Intellectual Property Rights. [REVIEW] Ethics and Information Technology 13 (3):283-288.
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  40.  23
    Kenneth Einar Himma, Natural Law. Internet Encyclopedia of Philosophy.
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  41.  24
    Kenneth Einar Himma (2002). It's the Rationale That Counts: A Reply to Newton. [REVIEW] Journal of Business Ethics 37 (4):407 - 412.
  42.  4
    Kenneth Einar Himma (2014). The Logic of Showing Possibility Claims. A Positive Argument for Inclusive Legal Positivism and Moral Grounds of Law. Revus 23.
    In this essay, I argue for a view that inclusive positivists share with Ronald Dworkin. According to the Moral Incorporation Thesis (MIT), it is logically possible for a legal system to incorporate moral criteria of legality (or “grounds of law,” as Dworkin puts it). Up to this point, the debate has taken the shape of attacks on the coherence of MIT with the defender of MIT merely attempting to refute the attacking argument. I give a positive argument for MIT. I (...)
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  43.  14
    Kenneth Einar Himma (2001). Great Cases in Constitutional Law. Teaching Philosophy 24 (4):401-404.
  44.  17
    Kenneth Einar Himma (1999). Thomson's Violinist and Conjoined Twins. Cambridge Quarterly of Healthcare Ethics 8 (4):428-435.
    It is commonly taken for granted that abortion is necessarily impermissible if the fetus is a person with a right to life. In her influential essay Judith Jarvis Thomson offers what I will call the violinist example to show that merely having a right to life does not in and of itself give rise in the fetus to a right to use the mother's body. On Thomson's view, if the fetus has a right to use the mother's body that precludes (...)
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  45.  21
    Kenneth Einar Himma, Separation, Risk, and the Necessity of Privacy to Well-Being: A Comment on Adam Moore's Toward Informational Privacy Rights.
    Moore attempts to show that privacy, conceived as "control over access to oneself and to information about oneself" is "necessary" for human well-being. Moore grounds his argument in an analysis of the need for physical separation, which Moore suggests is universal among animal species. Moore notes, "One basic finding of animal studies is that virtually all animals seek periods of individual seclusion or small-group intimacy." Citing several studies involving rats and other animals, Moore points out that a lack of such (...)
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  46.  19
    Kenneth Einar Himma, Ontological Argument. Internet Encyclopedia of Philosophy.
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  47.  5
    Kenneth Einar Himma (2000). Reply to Burdick: Constraining Physician Discretion. Cambridge Quarterly of Healthcare Ethics 9 (2):280-283.
    In I argued that the UNOS policy of placing acute liver failure patients (ALF patients) above chronic liver failure patients (CLF patients) on the transplant list fails to satisfy the principles of utility and justice that ostensibly guide UNOS allocation policy. Further, I argued that physician discretion in evaluating ALF and CLF patients should be expandedthe distinction between acute liver failure and progression of chronic liver disease.
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  48.  2
    Kenneth Einar Himma (2010). Explaining Why This Body Gives Rise to Me Qua Subject Instead of Someone Else: An Argument for Classical Substance Dualism: Kenneth Einar Himma. Religious Studies 47 (4):431-448.
    Since something cannot be conscious without being a conscious subject, a complete physicalist explanation of consciousness must resolve an issue first raised by Thomas Nagel, namely to explain why a particular mass of atoms that comprises my body gives rise to me as conscious subject, rather than someone else. In this essay, I describe a thought-experiment that suggests that physicalism lacks the resources to address Nagel's question and seems to pose a counter-example to any form of non-reductive physicalism relying on (...)
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  49.  5
    Kenneth Einar Himma (2003). Trouble in Law's Empire: Rethinking Dworkin's Third Theory of Law. Oxford Journal of Legal Studies 23 (3):345-377.
    The fundaments of Dworkin's third theory of law include two claims: (1) judges in legal systems like that of the US lack lawmaking discretion in hard cases; and (2) the content of the law in such legal systems is determined by moral norms that show existing legal practice in its morally best light. In this essay, I argue that these claims are in tension with each other and with the uncontroversial fact, acknowledged by Dworkin, that the highest court with jurisdiction (...)
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  50.  10
    Kenneth Einar Himma (2010). The Problem of Unresolved Wrongdoing. Faith and Philosophy 27 (4):405-422.
    Many Christians believe that, because of divine grace, any person who repents of sin, accepts Christianity, and has genuinely authentic faith in God is forgiven for her sins and spared completely of the torments of hell. I argue that this idea is difficult to reconcile with certain Christian doctrines and common, though not universal, moral intuitions about wrongdoing and punishment. The main steps are as follows. The violation of an obligation creates a moral debt that requires correction by compensation, punishment, (...)
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