Search results for 'deliberative contractualism' (try it on Scholar)

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  1. Nicholas Southwood (2008). A Deliberative Model of Contractualism. Politics, Philosophy and Economics 7 (2):183-208.score: 204.0
    Despite an impressive philosophical pedigree, contractualism (or contractarianism) has only been properly developed in two ways: by appeal to the idea of an instrumentally rational bargain or contract between self-interested individuals (Hobbesian contractualism) and by appeal to the idea of a substantively reasonable agreement among individuals who regard one another as free and equal persons warranting equal moral respect (Kantian contractualism). Both of these existing models of contractualism are susceptible to apparently devastating objections. In this article, (...)
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  2. Paul J. Weithman (1995). Contractualist Liberalism and Deliberative Democracy. Philosophy and Public Affairs 24 (4):314–343.score: 120.0
  3. Nicholas Southwood (2010). Contractualism and the Foundations of Morality. Oxford University Press.score: 114.0
    Contractualism has a venerable history and considerable appeal. Yet as an account of the foundations or ultimate grounds of morality it has been thought by many philosophers to be subject to fatal objections. This book argues otherwise. It begins by detailing and diagnosing the shortcomings of the main existing models of contractualism, “Hobbesian” contractualism (or contractarianism) and “Kantian” contractualism. It then proposes a novel, "deliberative" model, based on an interpersonal, deliberative conception of practical reason. (...)
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  4. Lin Ge & Stuart Thomas (2008). A Cross-Cultural Comparison of the Deliberative Reasoning of Canadian and Chinese Accounting Students. Journal of Business Ethics 82 (1):189 - 211.score: 66.0
    Using Hofstede's culture theory (1980, 2001 Culture's Consequences: Comparing Values, Behaviours, Institutions, and Organizations Across Nation. Sage, NewYork), the current study incorporates the moral development (e.g. Thorne, 2000; Thorne and Magnan, 2000; Thorne et al., 2003) and multidimensional ethics scale (e.g. Cohen et al., 1993; Cohen et al., 1996b; Cohen et al., 2001; Flory et al., 1992) approaches to compare the ethical reasoning and decisions of Canadian and Mainland Chinese final year undergraduate accounting students. The results indicate that Canadian accounting (...)
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  5. William Nelson (2000). The Institutions of Deliberative Democracy. Social Philosophy and Policy 17 (01):181-.score: 54.0
    This paper addresses two questions. First, how different is the ideal underlying deliberative democracy from the ideal expressed in contemporary liberal theory, especially contractualist theory and "political liberalism"? Second, what specific institutional prescriptions, if any, follow from deliberative democracy? It is argued that the deliberative ideal has become quite abstract and, in fact, does not differ significantly from many forms of contemporary liberalism. Moreover, it is something of an open question just what institutions best realize this ideal. (...)
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  6. Pamela Hieronymi (2011). Of Metaethics and Motivation: The Appeal of Contractualism. In R. Jay Wallace, Rahul Kumar & Samuel Richard Freeman (eds.), Reasons and Recognition: Essays on the Philosophy of T. M. Scanlon. Oxford University Press.score: 24.0
    In 1982, when T. M. Scanlon published “Contractualism and Utilitarianism,” he noted that, despite the widespread attention to Rawls’ A Theory of Justice, the appeal of contractualism as a moral theory had been under appreciated. In particular, the appeal of contractualism’s account of what he then called “moral motivation” had been under appreciated.1 It seems to me that, in the intervening quarter century, despite the widespread discussion of Scanlon’s work, the appeal of contractualism, in precisely this (...)
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  7. David Alm (2008). Contractualism, Reciprocity, Compensation. Journal of Ethics and Social Philosophy 2 (3):1-23.score: 24.0
    Two generally recognized moral duties are to reciprocate benefits one has received from others and to compensate harms one has done to others. In this paper I want to show that it is not possible to give an adequate account of either duty – or at least one that corresponds to our actual practices – within a contractualist moral theory of the type developed by T. M. Scanlon (1982, 1998). This fact is interesting in its own right, as contractualism (...)
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  8. Andrea C. Westlund (2011). Autonomy, Authority, and Answerability. Jurisprudence 2 (1):161-179.score: 24.0
    Autonomy seems to require that we engage in practical deliberation and come to our own decisions regarding how we will act. Deference to authority, by contrast, seems to require that we suspend deliberation and do what the authority commands precisely because he or she commands it. How, then, could autonomy be compatible with deference to authority? In his critique of Razian instrumentalism, Stephen Darwall lays the groundwork for a distinctively contractualist answer to this question: the normative force of an authoritative (...)
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  9. Gerald Gaus, The Place of Religious Belief in Public Reason Liberalism.score: 24.0
    In the few decades a new conception of liberalism has arisen—the “public reason view” — which developed out of contractualist approaches to justifying liberalism. The social contract theories of Hobbes, Locke and Rousseau all stressed that the justification of the state depended on showing that everyone would, in some way, consent to it. By relying on consent, social contract theory seemed to suppose a voluntarist conception of political justice: what is just depends on what people choose to agree to — (...)
     
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  10. Jussi Suikkanen (2005). Contractualist Replies to the Redundancy Objections. Theoria 71 (1):38-58.score: 24.0
    This paper is a defence of T.M. Scanlon's contractualism - the view that an action is wrong if it is forbidden by the principles which no one could reasonably reject. Such theories have been argued to be redundant in two ways. They are claimed to assume antecedent moral facts to explain which principles could not be reasonably rejected, and the reasons they provide to follow the non-rejectable principles are said to be unnecessary given that we already have sufficient reasons (...)
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  11. Anwar Tlili & Emily Dawson (2010). Mediating Science and Society in the EU and UK: From Information-Transmission to Deliberative Democracy? Minerva 48 (4):429-461.score: 24.0
    In this paper we critically review recent developments in policies, practices and philosophies pertaining to the mediation between science and the public within the EU and the UK, focusing in particular on the current paradigm of Public Understanding of Science and Technology (PEST) which seeks to depart from the science information-transmission associated with previous paradigms, and enact a deliberative democracy model. We first outline the features of the current crisis in democracy and discuss deliberative democracy as a response (...)
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  12. Gerald Gaus (2009). Recognized Rights as Devices of Public Reason. Philosophical Perspectives 23 (1):111-136.score: 24.0
    My concern in this essay is a family of liberal theories that I shall call “public reason liberalism,” which arose out of the social contract theories of Hobbes, Locke and Rousseau. These social contract accounts stressed that the justification of the state depended on showing that everyone would, in some way, consent to it. However, by relying on consent, social contract theory seemed to suppose a voluntarist conception of political obligation and authority: I am only bound by political authority if (...)
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  13. Bashir Bashir (2012). Reconciling Historical Injustices: Deliberative Democracy and the Politics of Reconciliation. [REVIEW] Res Publica 18 (2):127-143.score: 24.0
    Deliberative democracy is often celebrated and endorsed because of its promise to include, empower, and emancipate otherwise oppressed and excluded social groups through securing their voice and granting them impact in reasoned public deliberation. This article explores the ability of Habermas’ theory of deliberative democracy to accommodate the demands of historically excluded social groups in democratic plural societies. It argues that the inclusive, transformative, and empowering potential of Habermas’ theory of deliberative democracy falters when confronted with particular (...)
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  14. Douglas Paletta (2013). How to Overcome Strawson's Point: Defending a Value-Oriented Foundation for Contractualism. [REVIEW] Ethical Theory and Moral Practice 16 (1):9-20.score: 24.0
    In The Second Person Standpoint, Darwall charges that all value-oriented foundations for ethics make a category mistake. Calling it Strawson’s point, he argues these foundations explain moral authority, which concerns whether someone has standing to hold another accountable, in terms of a value, which essentially concerns what makes the world go best. However, whether it would be good for me to blame you simply asks a different question than whether I have standing to blame you. I defend a valueoriented foundation (...)
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  15. John O'Neill (2002). The Rhetoric of Deliberation: Some Problems in Kantian Theories of Deliberative Democracy. Res Publica 8 (3):249-268.score: 24.0
    Deliberative or discursive models of democracy have recently enjoyed a revival in both political theory and policy practice. Against the picture of democracy as a procedure for aggregating and effectively meeting the given preference of individuals, deliberative theory offers a model of democracy as a forum through which judgements and preferences are formed and altered through reasoned dialogue between free and equal citizens. Much in the recent revival of deliberative democracy, especially that which comes through Habermas and (...)
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  16. Barbara H. Fried (2012). Can Contractualism Save Us From Aggregation? Journal of Ethics 16 (1):39-66.score: 24.0
    This paper examines the efforts of contractualists to develop an alternative to aggregation to govern our duty not to harm (duty to rescue) others. I conclude that many of the moral principles articulated in the literature seem to reduce to aggregation by a different name. Those that do not are viable only as long as they are limited to a handful of oddball cases at the margins of social life. If extended to run-of-the-mill conduct that accounts for virtually all unintended (...)
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  17. Adam Cureton (2013). A Contractualist Reading of Kant's Proof of the Formula of Humanity. Kantian Review 18 (3):363-386.score: 24.0
    Kant offers the following argument for the formula of humanity (FH): Each rational agent necessarily conceives of her own rational nature as an end in itself and does so on the same grounds as every other rational agent, so all rational agents must conceive of one another's rational nature as an end in itself. As it stands, the argument appears to be question-begging and fallacious. Drawing on resources from the formula of universal law (FUL) and Kant's claims about the primacy (...)
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  18. Michael Cholbi (2002). A Contractualist Account of Promising. Southern Journal of Philosophy 40 (4):475-91.score: 24.0
    T.M. Scanlon (1998) proposes that promise breaking is wrong because it shows manipulative disregard for the expectations for future behavior created by promising. I argue that this account of promissory obligation is mistaken in it own right, as well as being at odds with Scanlon's contractualism. I begin by placing Scanlon's account of promising within a tradition that treats the creation of expectations in promise recipients as central to promissory obligation. However, a counterexample to Scanlon's account, his case of (...)
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  19. Christian List & John Dryzek (2003). Social Choice Theory and Deliberative Democracy: A Reconciliation. British Journal of Political Science 33 (1):1-28.score: 24.0
    The two most influential traditions of contemporary theorizing about democracy, social choice theory and deliberative democracy, are generally thought to be at loggerheads, in that the former demonstrates the impossibility, instability or meaninglessness of the rational collective outcomes sought by the latter. We argue that the two traditions can be reconciled. After expounding the central Arrow and Gibbard-Satterthwaite impossibility results, we reassess their implications, identifying the conditions under which meaningful democratic decision making is possible. We argue that deliberation can (...)
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  20. Kristian Skagen Ekeli (2005). Giving a Voice to Posterity – Deliberative Democracy and Representation of Future People. Journal of Agricultural and Environmental Ethics 18 (5):429-450.score: 24.0
    The aim of this paper is to consider whether some seats in a democratically elected legislative assembly ought to be reserved for representatives of future generations. In order to examine this question, I will propose a new democratic model for representing posterity. It is argued that this model has several advantages compared with a model for the democratic representation of future people previously suggested by Andrew Dobson. Nevertheless, the democratic model that I propose confronts at least two difficult problems. First, (...)
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  21. Martyn Griffin (2012). Deliberative Democracy and Emotional Intelligence: An Internal Mechanism to Regulate the Emotions. [REVIEW] Studies in Philosophy and Education 31 (6):517-538.score: 24.0
    Deliberative democracy, it is claimed, is essential for the legitimisation of public policy and law. It is built upon an assumption that citizens will be capable of constructing and defending reasons for their moral and political beliefs. However, critics of deliberative democracy suggest that citizens’ emotions are not properly considered in this process and, if left unconsidered, present a serious problem for this political framework. In response to this, deliberative theorists have increasingly begun to incorporate the emotions (...)
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  22. Duncan Ivison, Deliberative Democracy and the Politics of Reconciliation.score: 24.0
    The problem of historical injustice presents a deep challenge to the aspirations of deliberative democrats, especially to those “deliberative activists” who seek to advance deliberation in deeply unjust circumstances (Fung 2005, 399). But the debate over historical injustice can itself benefi t from taking a “democratic turn.” Much of the literature is dominated by arguments over historical entitlement theories of justice or by a legalistic focus on the possibilities for compensation and reparation.1 That much of it is deeply (...)
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  23. Christian List, Robert C. Luskin, James S. Fishkin & Iain McLean (2013). Deliberation, Single-Peakedness, and the Possibility of Meaningful Democracy: Evidence From Deliberative Polls. Journal of Politics 75 (1):80–95.score: 24.0
    Majority cycling and related social choice paradoxes are often thought to threaten the meaningfulness of democracy. But deliberation can prevent majority cycles – not by inducing unanimity, which is unrealistic, but by bringing preferences closer to single-peakedness. We present the first empirical test of this hypothesis, using data from Deliberative Polls. Comparing preferences before and after deliberation, we find increases in proximity to single-peakedness. The increases are greater for lower versus higher salience issues and for individuals who seem to (...)
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  24. Antoni Abad I. Ninet & Josep Monserrat Molas (2009). Habermas and Ackerman: A Synthesis Applied to the Legitimation and Codification of Legal Norms. Ratio Juris 22 (4):510-531.score: 24.0
    In this article we consider certain elements of the normative theory of Jürgen Habermas in the light of the proposals of Bruce Ackerman, with a view to strengthening a concept of deliberative democracy applied to the legitimation of juridical rules. We do not construct a hierarchy of the two positions, but seek to bring together certain elements to achieve a common project. As the starting point for examining the work of the two authors, we take the scheme proposed by (...)
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  25. Adam Hosein (2013). Contractualism, Politics, and Morality. Acta Analytica 28 (4):495-508.score: 24.0
    Rawls developed a contractualist theory of social justice and Scanlon attempted to extend the Rawlsian framework to develop a theory of rightness, or morality more generally. I argue that there are some good reasons to adopt a contractualist theory of social justice, but that it is a mistake to adopt a contractualist theory of rightness. I begin by illustrating the major shared features of Scanlon and Rawls’ theories. I then show that the justification for these features in Rawls’ theory, the (...)
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  26. David Silver (2012). Citizens as Contractualist Stakeholders. Journal of Business Ethics 109 (1):3-13.score: 24.0
    This article examines the way that for-profit businesses should take into account the interests of the citizens in the liberal democratic societies in which they operate. I will show how a contractualist version of stakeholder theory identifies the relevant moral interests of both shareholders and citizen stakeholders, and provides a method for giving their interests appropriate consideration. These include (1) the interests that individuals have with respect to private property, (2) the interests citizens have in receiving equitable consideration in the (...)
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  27. Giuseppe Schiavone, Gabriele De Anna, Matteo Mameli, Vincenzo Rebba & Giovanni Boniolo (forthcoming). Libertarian Paternalism and Health Care Policy: A Deliberative Proposal. [REVIEW] Medicine, Health Care and Philosophy:1-11.score: 24.0
    Cass Sunstein and Richard Thaler have been arguing for what they named libertarian paternalism (henceforth LP). Their proposal generated extensive debate as to how and whether LP might lead down a full-blown paternalistic slippery slope. LP has the indubitable merit of having hardwired the best of the empirical psychological and sociological evidence into public and private policy making. It is unclear, though, to what extent the implementation of policies so constructed could enhance the capability for the exercise of an autonomous (...)
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  28. Valerio Nitrato Izzo (2012). Beyond Consensus: Law, Disagreement and Democracy. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):563-575.score: 24.0
    Nowadays democratic liberal societies face a rising challenge in terms of fragmentation and erosion of shared values and ethical pluralism. Democracy is not anymore grounded in the possibility of a common understanding and interpretation of the same values. Neverthless, legal and political philosophy continue to focus on how to reach consensus, especially through monist, objectualist, contractualist, discursive and deliberative approaches, rather than openly affording the issue of disagreement. Far from being just a disruptive force, disagreement and conflict are matters (...)
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  29. Jeffrey Kirby & Christy Simpson (2012). Deliberative Engagement: An Inclusive Methodology for Exploring Professionalization. [REVIEW] HEC Forum 24 (3):187-201.score: 24.0
    Early on in the development of Practicing Healthcare Ethicists Exploring Professionalization (PHEEP), the founding members recognized the need to address and meet two important goals: (1) the creation of a dynamic, rigorous process to support the exploratory work, and (2) the establishment of the means—deliberative engagement—to generate and justify the substantive content of professionalization-related products, such as practice standards and position statements. Drawing from social justice and deliberative democracy conceptions and insights (among others), the authors identify and describe (...)
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  30. Peter Timmerman (forthcoming). Contractualism and the Significance of Perspective-Taking. Ethical Theory and Moral Practice:1-17.score: 24.0
    Many of us think that perspective-taking is relevant to moral judgment. In this paper I claim that Scanlon’s contractualism provides an appealing and distinctive account of why this is so. Contractualism interprets our moral judgments as making claims about the reasons of individuals in various situations, reasons that we can only recognise by considering their perspectives. Contractualism thereby commits itself to the view that our capacity for moral judgment depends on our capacity for perspective-taking. I show that (...)
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  31. Ricardo Parellada (2006). Moral Judgment in States of Deliberative Equilibrium. Revista de Filosofía (Madrid) 31 (1):167-180.score: 24.0
    Ethical theory examines human action in general terms, whereas moral judgment takes place in particular situations. These situations often cannot be subsumed easily under general norms and call for a delicate balance of norms and circumstances. I describe situations where opposing courses of action seem morally reasonable and I call them states of deliberative equilibrium. I review Aristotle’s and Kant’s conceptions of moral judgment and I offer a rule for stepping from deliberation to judgment in many situations of equilibrium.
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  32. Jussi Suikkanen (2014). Contractualism and Climate Change. In Marcello Di Paola & Gianfranco Pellegrino (eds.), Canned Heat: Ethics and Politics of Climate Change. Routledge. 115-128.score: 24.0
    Climate change is ‘a complex problem raising issues across and between a large number of disciplines, including physical and life sciences, political science, economics, and psychology, to name just a few’ (Gardiner 2006: 397). It is also a moral problem. Therefore, in this chapter, I will consider what kind of a contribution an ethical theory called ‘contractualism’ can make to the climate change debates. This chapter first introduces contractualism. It then describes a simple climate change scenario. The third (...)
     
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  33. Pursey P. M. A. R. Heugens, J. Oosterhout & Muel Kaptein (2006). Foundations and Applications for Contractualist Business Ethics. Journal of Business Ethics 68 (3):211-228.score: 24.0
    Contractualism is one of the most promising ‘centers of gravity’ in business ethics. In this guest editorial we provide a concise roadmap to the field, sketching contractualism’s historic and disciplinary antecedents, the basic argumentative structure of the contract model, and its boundary conditions. We also sketch two main dimensions along which contributions to the contractualist tradition can be positioned. The first dimension entails positive versus normative theorizing – does a given contribution analyze the world as it is or (...)
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  34. Pablo Gilabert (2007). Contractualism and Poverty Relief. Social Theory and Practice 33 (2):277-310.score: 21.0
  35. Jonathan Hughes & Stephen de Wijze (2001). Moral Contractualism Comes of Age. [REVIEW] Res Publica 7 (2):189--196.score: 21.0
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  36. Brad Hooker (2003). Contractualism, Spare Wheel, Aggregation. In Matt Matravers (ed.), Scanlon and Contractualism. Frank Cass. 53-76.score: 21.0
    This essay explores the reasons for thinking that Scanlon's contractualist principle serves merely as a ?spare wheel?, an element that spins along nicely but bears no real weight, because it presupposes too much of what it should be explaning. The ambitions and scope of Scanlon's contractualism are discussed, as is Scanlon's thesis that contracualism will assess candidate moral principles individually rather than as sets. The final third of the paper critizes Scanlon's account of fairness and his approach to cases (...)
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  37. Elsa González, José Felix Lozano & Pedro Jesús Pérez (2009). Beyond the Conflict: Religion in the Public Sphere and Deliberative Democracy. Res Publica 15 (3):251-267.score: 21.0
    Traditionally, liberals have confined religion to the sphere of the ‘private’ or ‘non-political’. However, recent debates over the place of religious symbols in public spaces, state financing of faith schools, and tax relief for religious organisations suggest that this distinction is not particularly useful in easing the tension between liberal commitments to equality on the one hand, and freedom of religion on the other. This article deals with one aspect of this debate, which concerns whether members of religious communities should (...)
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  38. Graham Smith (2003). Deliberative Democracy and the Environment. Routledge.score: 21.0
    One of the key questions to have exercised green political theorists in recent years concerns the relationship of the environment 'agenda' and democracy. Both environmentalists and democrats have a tendency to think of each other as natural bedfellows but in fact there is little theoretical or practical reason why they should be. Indeed some theorists have argued that the environmental movement has grown from fundamentally authoritarian roots and it is arguable that the only really effective way of implementing environmental politics (...)
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  39. Ming Xu (1998). Axioms for Deliberative Stit. Journal of Philosophical Logic 27 (5):505-552.score: 21.0
    Based on a notion of "companions to stit formulas" applied in other papers dealing with astit logics, we introduce "choice formulas" and "nested choice formulas" to prove the completeness theorems for dstit logics in a language with the dstit operator as the only non-truth-functional operator. The main logic discussed in this paper is the basic logic of dstit with multiple agents, other logics discussed include the basic logic of dstit with a single agent and some logics of dstit with multiple (...)
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  40. Leif Wenar (2001). Contractualism and Global Economic Justice. Metaphilosophy 32 (1-2):79-94.score: 21.0
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  41. Fabrizio Cariani, Magdalena Kaufmann & Stefan Kaufmann (2013). Deliberative Modality Under Epistemic Uncertainty. Linguistics and Philosophy 36 (3):225-259.score: 21.0
    We discuss the semantic significance of a puzzle concerning ‘ought’ and conditionals recently discussed by Kolodny and MacFarlane. We argue that the puzzle is problematic for the standard Kratzer-style analysis of modality. In Kratzer’s semantics, modals are evaluated relative to a pair of conversational backgrounds. We show that there is no sensible way of assigning values to these conversational backgrounds so as to derive all of the intuitions in Kolodny and MacFarlane’s case. We show that the appropriate verdicts can be (...)
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  42. Kenneth Baynes (2010). Deliberative Democracy and Public Reason. Veritas 55 (1).score: 21.0
    O artigo reexamina as concepções habermasianas de política deliberativa e democracia procedimental à luz de outras teorias deliberativas, de forma a explorar as suas semelhanças e diferenças e investigar o quanto devem à ideia de razão pública e as implicações práticas daquela ideia.
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  43. Matthew Lister (2009). Criminal Law Conversations: &Quot;dESERT: EMPIRICAL, NOT METAPHYSICAL" and "CONTRACTUALISM AND THE SHARING OF WRONGS&Quot;. In Paul Robinson, Kimberly Ferzan & Stephen Garvey (eds.), Criminal Law Conversations.score: 21.0
    Following are two short contributions to the book, _Criminal Law Conversations_: commentaries on Paul Robinson's discussion of "Empirical Desert" and Antony Duff & Sandra Marshal's discussion of the sharing of wrongs.
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  44. Sheron Fraser-Burgess (2011). Group Identity, Deliberative Democracy and Diversity in Education. Educational Philosophy and Theory 44 (5):480-499.score: 21.0
    Democratic deliberation places the burden of self-governance on its citizens to provide mutual justifying reasons (Gutmann & Thompson, 1996). This article concerns the limiting effect that group identity has on the efficacy of democratic deliberation for equality in education. Under conditions of a powerful majority, deliberation can be repressive and discriminatory. Issues of white flight and race-based admissions serve to illustrate the bias of which deliberation is capable when it fails to substantively take group identity into account. As forms of (...)
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  45. Óscar L. González-castán (2005). Cognitive Science and Liberal Contractualism: A Good Friendship1. Revista de Filosofía (Madrid) 30 (1):63-75.score: 21.0
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  46. Željko Mančić (2012). Deliberative Democracy and the Internet: Could Online Deliberative Democracy Replace Classical Democracy. Filozofija I Društvo 23 (2):168-186.score: 21.0
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  47. Aleksandar Dobrijevic (2011). Contractualism Vs. Contractarianism. Filozofija I Društvo 22 (3):27-44.score: 21.0
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  48. Sarah Michaels, Catherine O'Connor & Lauren B. Resnick (2008). Deliberative Discourse Idealized and Realized: Accountable Talk in the Classroom and in Civic Life. Studies in Philosophy and Education 27 (4):283-297.score: 21.0
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  49. Klas Roth (2008). Deliberative Pedagogy: Ideas for Analysing the Quality of Deliberation in Conflict Management in Education. Studies in Philosophy and Education 27 (4):299-312.score: 21.0
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  50. Andreas F.��Llesdal (2001). Federal Inequality Among Equals: A Contractualist Defense. Metaphilosophy 32 (1-2):236-255.score: 21.0
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