Search results for 'Normative Powers' (try it on Scholar)

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  1. Deborah G. Johnson & Thomas M. Powers (2005). Computer Systems and Responsibility: A Normative Look at Technological Complexity. [REVIEW] Ethics and Information Technology 7 (2):99-107.score: 240.0
    In this paper, we focus attention on the role of computer system complexity in ascribing responsibility. We begin by introducing the notion of technological moral action (TMA). TMA is carried out by the combination of a computer system user, a system designer (developers, programmers, and testers), and a computer system (hardware and software). We discuss three sometimes overlapping types of responsibility: causal responsibility, moral responsibility, and role responsibility. Our analysis is informed by the well-known accounts provided by Hart and Hart (...)
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  2. Neil C. Manson (2014). Transitional Paternalism: How Shared Normative Powers Give Rise to the Asymmetry of Adolescent Consent and Refusal. Bioethics 28 (6).score: 120.0
    In many jurisdictions, adolescents acquire the right to consent to treatment; but in some cases their refusals – e.g. of life-saving treatment – may not be respected. This asymmetry of adolescent consent and refusal seems puzzling, even incoherent. The aim here is to offer an original explanation, and a justification, of this asymmetry. Rather than trying to explain the asymmetry in terms of a variable standard of competence – where the adolescent is competent to consent to, but not refuse, certain (...)
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  3. Andrea C. Westlund (2013). Deference as a Normative Power. Philosophical Studies 166 (3):455-474.score: 116.0
    Much of the literature on practical authority concerns the authority of the state over its subjects—authority to which we are, as G. E. M. Anscombe says, subject “willy nilly”. Yet many of our “willy” (or voluntary) relationships also seem to involve the exercise of practical authority, and this species of authority is in some ways even more puzzling than authority willy nilly. In this paper I argue that voluntary authority relies on a form of voluntary obligation that is akin (in (...)
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  4. Neil MacCormick & Joseph Raz (1972). Voluntary Obligations and Normative Powers. Aristotelian Society Supplementary Volume 46:59 - 102.score: 90.0
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  5. Gary Watson (2009). Promises, Reasons, and Normative Powers. In David Sobel & Steven Wall (eds.), Reasons for Action. Cambridge University Press.score: 90.0
     
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  6. Jonathan Gelati, Antonino Rotolo, Giovanni Sartor & Guido Governatori (2004). Normative Autonomy and Normative Co-Ordination: Declarative Power, Representation, and Mandate. [REVIEW] Artificial Intelligence and Law 12 (1-2):53-81.score: 84.0
    In this paper we provide a formal analysis of the idea of normative co-ordination. We argue that this idea is based on the assumption that agents can achieve flexible co-ordination by conferring normative positions to other agents. These positions include duties, permissions, and powers. In particular, we explain the idea of declarative power, which consists in the capacity of the power-holder of creating normative positions, involving other agents, simply by proclaiming such positions. In addition, we account (...)
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  7. Madison Powers & Ruth R. Faden (2000). Inequalities in Health, Inequalities in Health Care: Four Generations of Discussion About Justice and Cost-Effectiveness Analysis. Kennedy Institute of Ethics Journal 10 (2):109-127.score: 80.0
    : The focus of questions of justice in health policy has shifted during the last 20 years, beginning with questions about rights to health care, and then, by the late 1980s, turning to issues of rationing. More recently, attention has focused on alternatives to cost-effectiveness analysis. In addition, health inequalities, and not just inequalities in access to health care, have become the subject of moral analysis. This article examines how such trends have transformed the philosophical landscape and encouraged some in (...)
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  8. Anthony Holiday (1988). Moral Powers: Normative Necessity in Language and History. Routledge.score: 72.0
     
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  9. T. A. Roberts (1989). Moral Powers: Normative Necessity in Language and History. Philosophical Books 30 (4):236-237.score: 72.0
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  10. David Enoch (2011). Giving Practical Reasons. Philosophers' Imprint 11 (4).score: 66.0
    I am writing a mediocre paper on a topic you are not particularly interested in. You don't have, it seems safe to assume, a (normative) reason to read my draft. I then ask whether you would be willing to have a look and tell me what you think. Suddenly you do have a (normative) reason to read my draft. By my asking, I managed to give you the reason to read the draft. What does such reason-giving consist in? (...)
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  11. David Enoch, Giving Someone a Reason to Φ.score: 66.0
    I am writing a mediocre paper on a topic you are not particularly interested in. You don't have, it seems safe to assume, a (normative) reason to read my draft. I then ask whether you would be willing to have a look and tell me what you think. Suddenly you do have a (normative) reason to read my draft. What exactly happened here? Your having the reason to read my draft – indeed, the very fact that there is (...)
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  12. David Enoch (2012). Authority and Reason-Giving1. Philosophy and Phenomenological Research.score: 60.0
  13. Joseph Raz, Is There a Reason to Keep Promises.score: 60.0
    If promises are binding there must be a reason to do as one promised. The paper is motivated by belief that there is a difficulty in explaining what that reason is. It arises because the reasons that promising creates are content-independent. Similar difficulties arise regarding other content-independent reasons, though their solution need not be the same. -/- Section One introduces an approach to promises, and outlines an account of them that I have presented before. It forms the backdrop for the (...)
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  14. Brandon Warmke (forthcoming). The Economic Model of Forgiveness. Pacific Philosophical Quarterly.score: 60.0
    It is sometimes claimed that forgiveness involves the cancellation of a moral debt. This way of speaking about forgiveness exploits an analogy between moral forgiveness and economic debt-cancellation. Call the view that moral forgiveness is like economic debt-cancellation the Economic Model of Forgiveness. In this paper I articulate and motivate the model, defend it against some recent objections, and pose a new puzzle for this way of thinking about forgiveness.
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  15. William J. FitzPatrick (2004). Reasons, Value, and Particular Agents: Normative Relevance Without Motivational Internalism. Mind 113 (450):285-318.score: 42.0
    While differing widely in other respects, both neo-Humean and neo-Kantian approaches to normativity embrace an internalist thesis linking reasons for acting to potential motivation. This thesis pushes in different directions depending on the underlying view of the powers of practical reason, but either way it sets the stage for an attack on realist attempts to ground reasons directly in facts about value. How can reasons that are not somehow grounded in motivational features of the agent nonetheless count as reasons (...)
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  16. Pamela Pansardi (2012). A Non-Normative Theory of Power and Domination. Critical Review of International Social and Political Philosophy 16 (5):1-20.score: 40.0
    Despite the variety of competing interpretations of domination, a common feature of the most influential analyses of the concept is their reliance on a normative criterion: the detrimental effect of domination on those subject to it. This article offers a non-evaluative, non-consequence-based definition of domination, in line with the perspective on power developed by the theory of the social exchange. Domination, it is argued, should be seen as a structural property of a power relation, and consists in an extreme (...)
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  17. Key-Young Son (2014). Middle Powers and the Rise of China: 'Identity Norms' of Dependency and Activism and the Outlook for Japan–South Korea Relations Vis-à-Vis the Great Powers. Japanese Journal of Political Science 15 (1):91-112.score: 40.0
    How do state identities and their accompanying norms affect security behaviour especially when states consider forming alliances or alignments? Are middle powers different from great powers in their security norms and preferences? This article identifies dependency and activism as two that constitute and reproduce medium-sized states as bona fide middle powers. This article argues that, due to the identity norms of a middle power, Japan and South Korea are reluctant to form a bilateral alliance between themselves and (...)
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  18. Italo Testa (2011). Social Space and the Ontology of Recognition. In Heikki Ikäheimo Arto Laitinen (ed.), Recognition and Social Ontology. Brill Books (pp. 287-308).score: 36.0
    In this paper recognition is taken to be a question of social ontology, regarding the very constitution of the social space of interaction. I concentrate on the question of whether certain aspects of the theory of recognition can be translated into the terms of a socio-ontological paradigm: to do so, I make reference to some conceptual tools derived from John Searle's social ontology and Robert Brandom's normative pragmatics. My strategy consists in showing that recognitive phenomena cannot be isolated at (...)
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  19. Giovanni Sartor (2006). Fundamental Legal Concepts: A Formal and Teleological Characterisation. [REVIEW] Artificial Intelligence and Law 14 (1-2):101-142.score: 36.0
    We shall introduce a set of fundamental legal concepts, providing a definition of each of them. This set will include, besides the usual deontic modalities (obligation, prohibition and permission), the following notions: obligative rights (rights related to other’s obligations), permissive rights, erga-omnes rights, normative conditionals, liability rights, different kinds of legal powers, potestative rights (rights to produce legal results), result-declarations (acts intended to produce legal determinations), and sources of the law.
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  20. Julia Barragán (2003). The Perverse Normative Power of Self-Exceptions. Theoria: Revista de Teoría, Historia y Fundamentos de la Ciencia 18 (2):209-225.score: 36.0
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  21. Bindu Puri (forthcoming). Finding Reasons for Being Reasonable: Interrogating Rawls. Sophia:1-25.score: 36.0
    This essay discusses Rawls distinction between the reasonable and the rational in the context of the liberal effort to establish the priority of the right over the good. It argues that inarticulacy about the good makes it difficult for Rawls to find arguments in support of a minimal conception of the reasonable overlapping consensus. The essay examines Rawls’ arguments in support of the distinction between the rational and the reasonable. The paper suggests that in terms of these arguments, the term (...)
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  22. Jan Tullberg (2004). Illusions of Corporate Power:Revisiting the Relative Powers of Corporations and Governments. [REVIEW] Journal of Business Ethics 52 (4):325 - 333.score: 34.0
    A common opinion is that power has shifted from states to companies. This article discusses quantitative and qualitative aspects of power possessed by companies and by states. A more adequate comparison than that between company sales and gross national product is the one between company value added and GNP. Also more adequate is the comparison between the public sector and company net profit. These rival measures take down company power to about a tenth of the sales measure. Also in qualitative (...)
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  23. Poul Wisborg (2013). Human Rights Against Land Grabbing? A Reflection on Norms, Policies, and Power. Journal of Agricultural and Environmental Ethics 26 (6):1199-1222.score: 32.0
    Large-scale transnational land acquisition of agricultural land in the global south by rich corporations or countries raises challenging normative questions. In this article, the author critically examines and advocates a human rights approach to these questions. Mutually reinforcing, policies, governance and practice promote equitable and secure land tenure that in turn, strengthens other human rights, such as to employment, livelihood and food. Human rights therefore provide standards for evaluating processes and outcomes of transnational land acquisitions and, thus, for determining (...)
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  24. Francesco Guala (2013). Bargaining Power and the Evolution of Un-Fair, Non-Mutualistic Moral Norms. Behavioral and Brain Sciences 36 (1):92 - 93.score: 32.0
    Mutualistic theory explains convincingly the prevalence of fairness norms in small societies of foragers and in large contemporary democratic societies. However, it cannot explain the U-shaped curve of egalitarianism in human history. A theory based on bargaining power is able to provide a more general account and to explain mutualism as a special case. According to this approach, social norms may be more variable and malleable than Baumard et al. suggest.
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  25. Joyeeta Gupta (forthcoming). Normative Issues in Global Environmental Governance: Connecting Climate Change, Water and Forests. Journal of Agricultural and Environmental Ethics:1-21.score: 32.0
    Glocal (global to local) environmental governance lags behind the science regarding the seriousness of the combined environmental and developmental challenges. Governance regimes have developed differently in different issue areas and are often inconsistent and contradictory; furthermore governance innovations in each area lead to new challenges. The combined effect of issue-based, plural, and fragmented governance raises key normative questions in environmental governance. Hence, this overview paper aims to address the following questions: How can the global community move towards a more (...)
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  26. Moira Gatens (2009). Spinoza's Disturbing Thesis: Power, Norms and Fiction in the Tractatus Theologico-Politicus. History of Political Thought 30 (3):455-468.score: 32.0
    This paper treats a recalcitrant problem in Spinoza scholarship, namely, how to reconcile the conception of 'power' in his political writings with that found in his Ethics. Some have doubted the capacity of Spinoza's political philosophy to yield an adequate normative theory. If he is unable to provide a normative ground for political philosophy then perhaps this exposes a problem in Spinoza's philosophy taken as a whole. I argue that the considerable normative resources of his ethical and (...)
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  27. William A. Edmundson (2013). Politics in a State of Nature. Ratio Juris 26 (2):149-186.score: 30.0
    Aristotle thought we are by nature political animals, but the state-of-nature tradition sees political society not as natural but as an artifice. For this tradition, political society can usefully be conceived as emerging from a pre-political state of nature by the exercise of innate normative powers. Those powers, together with the rest of our native normative endowment, both make possible the construction of the state, and place sharp limits on the state's just powers and prerogatives. (...)
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  28. Frank Hindriks (2012). But Where Is the University? Dialectica 66 (1):93-113.score: 30.0
    Famously Ryle imagined a visitor who has seen the colleges, departments, and libraries of a university but still wonders where the university is. The visitor fails to realize that the university consists of these organizational units. In this paper I ask what exactly the relation is between institutional entities such as universities and the entities they are composed of. I argue that the relation is constitution, and that it can be illuminated in terms of constitutive rules. The understanding of the (...)
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  29. Chris M. Bell & Justin Hughes-Jones (2008). Power, Self-Regulation and the Moralization of Behavior. Journal of Business Ethics 83 (3):503 - 514.score: 30.0
    The perception of behavior as a moral or conventional concern can be influenced by contextual variables, including status and power differences. We propose that social processes and in particular social role enactment through the exercise of power will psychologically motivate moralization. Punishing or rewarding others creates a moral dilemma that can be resolved by externalizing causation to incontrovertible moral rules. Legitimate power related to structure and position can carry moral weight but may not influence the power holder’s perceptions of rules (...)
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  30. Brian Robinson, Paul Stey & Mark Alfano (forthcoming). Reversing the Side-Effect Effect: The Power of Salient Norms. Philosophical Studies:1-30.score: 30.0
    In the last decade, experimental philosophers have documented systematic asymmetries in the attributions of mental attitudes to agents who produce different types of side effects. We argue that that this effect is driven not simply by the violation of a norm, but by salient-norm violation. As evidence for this hypothesis, we present two new studies in which two conflicting norms are present, and one or both of them is raised to salience. Expanding one’s view to these additional cases presents, we (...)
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  31. Stuart Macdonald (forthcoming). The Role of the Courts in Imposing Terrorism Prevention and Investigation Measures: Normative Duality and Legal Realism. [REVIEW] Criminal Law and Philosophy:1-19.score: 30.0
    This article argues that the courts, not the Home Secretary, should be empowered to issue Terrorism Prevention and Investigation Measures (TPIMs). It explains that at the heart of the debate are three questions: whether measures like TPIMs should be viewed primarily from the perspective of security or liberty; how we should conceive the executive and the courts; and the empirical question of how these two arms of government answer these questions. The non-mechanistic nature of legal reasoning means that legal reasons (...)
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  32. Vytautas Sinkevičius (2009). Gross Violation of the Law on Elections to the Seimas Constitutes the Grounds for Discontinuation of the Powers of the Member of the Seimas. Jurisprudence 115 (1):123-153.score: 30.0
    Under Article 63 of the Constitution, a gross violation of the Law on Elections to the Seimas is one of the grounds for discontinuation of the powers of the Member of the Seimas. The Constitution does not reveal expressis verbis as to what is a gross violation of the law on election. The establishment of this is within the discretion of the legislator. While defining what a gross violation of the Law on Elections to the Seimas is, the legislator (...)
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  33. Beth Innocenti Manolescu (2006). A Normative Pragmatic Perspective on Appealing to Emotions in Argumentation. Argumentation 20 (3):327-343.score: 30.0
    Is appealing to emotions in argumentation ever legitimate and, if so, what is the best way to analyze and evaluate such appeals? After overviewing a normative pragmatic perspective on appealing to emotions in argumentation, I present answers to these questions from pragma-dialectical, informal logical, and rhetorical perspectives, and note positions shared and supplemented by a normative pragmatic perspective. A normative pragmatic perspective holds that appealing to emotions in argumentation may be relevant and non-manipulative; and that emotional appeals (...)
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  34. William Trott (2010). An Analysis of Civilian, Military and Normative Power in EU Foreign Policy. Polis 4:1.score: 30.0
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  35. David Enoch (2011). Reason-Giving and the Law. In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. Oxford University Press.score: 28.0
    A spectre is haunting legal positivists – and perhaps jurisprudes more generally – the spectre of the normativity of law. Whatever else law is, it is sometimes said, it is normative, and so whatever else a philosophical account of law accounts for, it should account for the normativity of law[1]. But law is at least partially a social matter, its content at least partially determined by social practices. And how can something social and descriptive in this down-to-earth kind of (...)
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  36. Mariachiara Tallacchini (2009). Governing by Values. EU Ethics: Soft Tool, Hard Effects. [REVIEW] Minerva 47 (3):281-306.score: 28.0
    The institutionalization of ethics and the direct influence of politics on how ethics bodies frame their opinions have been widely recognized and explored in the last few years. Less attention has been paid to what kind of normative instrument ethics as an institutional phenomenon has become in the State under the rule of law, and which institutional powers it has depended on. This paper analyzes the rise of ethics in the European Union context, where ethics, constructed as an (...)
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  37. Neil MacCormick (1999). Powers and Power-Conferring Norms. In Stanley L. Paulson (ed.), Normativity and Norms: Critical Perspectives on Kelsenian Themes. Oup Oxford.score: 26.0
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  38. Azevedo Marco Antonio (2013). Commands and Claims. In Bartosz Wojciechowski, Karolina M. Cern & Piotr W. Juchacz (eds.), DIA-LOGOS, VOL 15: Legal Rules, Moral Norms and Democratic Principles. Peter Lang.score: 26.0
    Notwithstanding the widely accepted view that rights establish normative constraints on authority’s powers, command is still a core notion in modern philosophical jurisprudence. Nevertheless, if Herbert Hart is correct in his analysis on the deficiencies of the traditional command theories, a command is binding only if there is a right of being obeyed implying authority. My main objective in this paper is to make explicit the semantical and normative relations between rights and commands. In the first part, (...)
     
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  39. Scott J. Shapiro, What is the Rule of Recognition (and Does It Exist)?score: 24.0
    One of the principal lessons of The Concept of Law is that legal systems are not only comprised of rules, but founded on them as well. As Hart painstakingly showed, we cannot account for the way in which we talk and think about the law - that is, as an institution which persists over time despite turnover of officials, imposes duties and confers powers, enjoys supremacy over other kinds of practices, resolves doubts and disagreements about what is to be (...)
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  40. William A. Edmundson (2011). Consent and Its Cousins. Ethics 121 (2):335-53.score: 24.0
    Consent theories of political obligation draw upon the unique powers consent exhibits in everyday dealings, but they are frustrated by the "problem of massive nonconsent." Expansions of what is counted as consent, such as tacit or hypothetical consent, have seemed untrue to the core concept of giving willing consent. David Estlund proposes a novel conception, "normative consent," to address the problem of massive nonconsent while being true to "the idiom of consent." This comment details consent’s virtues and shows (...)
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  41. William A. Edmundson (2010). Political Authority, Moral Powers and the Intrinsic Value of Obedience. Oxford Journal of Legal Studies 30 (1):179-191.score: 24.0
    Three concepts—authority, obedience and obligation—are central to understanding law and political institutions. The three are also involved in the legitimation of the state: an apology for the state has to make a normative case for the state’s authority, for its right to command obedience, and for the citizen’s obligation to obey the state’s commands. Recent discussions manifest a cumulative scepticism about the apologist’s task. Getting clear about the three concepts is, of..
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  42. Luke Robinson (2013). A Dispositional Account of Conflicts of Obligation. Noûs 47 (2):203-228.score: 24.0
    I address a question in moral metaphysics: How are conflicts between moral obligations possible? I begin by explaining why we cannot give a satisfactory answer to this question simply by positing that such conflicts are conflicts between rules, principles, or reasons. I then develop and defend the “Dispositional Account,” which posits that conflicts between moral obligations are conflicts between the manifestations of obligating dispositions (obligating powers, capacities, etc.), just as conflicts between physical forces are conflicts between the manifestations of (...)
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  43. F. Hindriks (2013). Restructuring Searle's Making the Social World. Philosophy of the Social Sciences 43 (3):373-389.score: 24.0
    Institutions are normative social structures that are collectively accepted. In his book Making the Social World, John R. Searle maintains that these social structures are created and maintained by Status Function Declarations. The article’s author criticizes this claim and argues, first, that Searle overestimates the role that language plays in relation to institutions and, second, that Searle’s notion of a Status Function Declaration confuses more than it enlightens. The distinction is exposed between regulative and constitutive rules as being primarily (...)
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  44. Luigi Ferrajoli (2011). The Normative Paradigm of Constitutional Democracy. Res Publica 17 (4):355-367.score: 24.0
    This piece criticizes traditional formal and procedural conceptions of democracy, which fail to account for the development of contemporary constitutional democracy. The latter is characterized by a substantive dimension with respect to the content of the decisions taken through the democratic process. The validity of such decision is conditioned by the respect and actualization of fundamental rights, which are established by the constitution. The limits and constraints established by the constitution require juridical science to play a critical and programmatic role (...)
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  45. Nicholas Vrousalis (2010). Against the Will Theory of Rights. [REVIEW] Res Publica 16 (4):415-423.score: 24.0
    This paper recasts an old objection to the will theory in the light of recent attempts to defend that theory, notably by Nigel Simmonds and Hillel Steiner. It enlists the idea of duties of care—effectively restrictions over legal officials’ discretionary exercise of powers—to form a dilemma for such theorists: either legal officials’ discretion over powers is restricted by duties of care for the unempowerable, or it is not. If their discretion is unrestricted, then the will theory is insensitive (...)
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  46. Larry Alexander (2012). What's Inside and Outside the Law? Law and Philosophy 31 (2):213-241.score: 24.0
    In this article I take up a conceptual question: What is the distinction between ‘the law’ and the behavior the law regulates, or, as I formulate it, the distinction between what is ‘inside’ the law and what is ‘outside’ it? That conceptual question is in play in (at least) three different doctrinal domains: the constitutional law doctrines regarding the limits on the delegation of legislative powers; the criminal law doctrines regarding mistakes of law; and the constitutional rights doctrines that (...)
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  47. Savas L. Tsohatzidis (ed.) (2007). Intentional Acts and Institutional Facts: Essays on John Searle's Social Ontology. Springer.score: 24.0
    This book includes ten original essays that critically examine central themes of John Searle’s ontology of society, as well as a new essay by Searle that summarizes and further develops his work in that area. The critical essays are grouped into three parts. Part I (Aspects of Collective Intentionality) examines the account of collective intention and action underlying Searle’s analysis of social and institutional facts, with special emphasis on how that account relates to the dispute between individualism and anti-individualism in (...)
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  48. William A. Edmundson (2013). Because I Said So. Problema: Anuario de Filosofía y Teoría Del Derecho 7:41-61.score: 24.0
    Political authority is the moral power to impose moral duties upon a perhaps unwilling citizenry. David Enoch has proposed that authority be understood as a matter of "robust" duty-giving. This paper argues that Enoch's conditions for attempted robust duty- or reason-giving are, along with his non-normative success condition, implausibly strong. Moreover, Enoch's attempt and normative- success conditions ignore two facts. The first is that success requires that citizens be tolerant of modest errors by the authority, which means that, (...)
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  49. J. Haldane (2011). Identifying Privative Causes. Analysis 71 (4):611-619.score: 24.0
    Next SectionCausation by and of absences, omissions or privations, seems to be implied by common styles of description and explanation. Allowing that absences are actuality-dependent, one may yet maintain that they are ineliminable. Against the idea of privative causes stand the objections that there is no principled way to individuate them, or that any account of their identity is objectionally normative. Here I respond to these objections and provide an account of the conditions for identifying privative causes and effects. (...)
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  50. Justine Johnstone (2007). Technology as Empowerment: A Capability Approach to Computer Ethics. [REVIEW] Ethics and Information Technology 9 (1):73-87.score: 24.0
    Standard agent and action-based approaches in computer ethics tend to have difficulty dealing with complex systems-level issues such as the digital divide and globalisation. This paper argues for a value-based agenda to complement traditional approaches in computer ethics, and that one value-based approach well-suited to technological domains can be found in capability theory. Capability approaches have recently become influential in a number of fields with an ethical or policy dimension, but have not so far been applied in computer ethics. The (...)
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