Search results for 'priority of liberty' (try it on Scholar)

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  1. Robert S. Taylor (2003). Rawls’s Defense of the Priority of Liberty: A Kantian Reconstruction. Philosophy and Public Affairs 31 (3):246–271.
    Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in (...)
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  2. Robert S. Taylor (2012). Hate Speech, the Priority of Liberty, and the Temptations of Nonideal Theory. Ethical Theory and Moral Practice 15 (3):353-68.
    Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. (...)
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  3.  45
    Robert S. Taylor (2013). The Priority of Liberty. In David Reidy & Jonathan Mandle (eds.), Companion to Rawls. Wiley-Blackwell 147-163.
  4.  6
    Edward Andrew Greetis (2015). The Priority of Liberty: Rawls Versus Pogge. Philosophical Forum 46 (2):227-245.
  5.  2
    Friedrich Breyer & Hartmut Kliemt (2015). Priority of Liberty” and the Design of a Two-Tier Health Care System. Journal of Medicine and Philosophy 40 (2):137-151.
    Libertarian views on rights tend to rule out coercive redistribution for purposes of public health care guarantees, whereas liberal conceptions support coercive funding of potentially unlimited access to medical services in the name of medical needs. Taking the “priority of liberty” seriously as supreme political value, a plausible prudential argument can avoid these extremes by providing systematic reasons for both delivering and limiting publicly financed guarantees. Given impending demographic change and rapid technical progress in medicine, only a two-tier (...)
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  6. David Thunder (2008). Can the Political Priority of Liberty Be Squared with the Ethical Priority of Flourishing? In Aeon J. Skoble (ed.), Reading Rasmussen and Den Uyl: Critical Essays on Norms of Liberty. Lexington Books
     
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  7.  26
    Karen Green (1986). Rawls, Women and the Priority of Liberty. Australasian Journal of Philosophy 64 (supplement):26-36.
  8. Brian Barry (1973). John Rawls and the Priority of Liberty. Philosophy and Public Affairs 2 (3):274-290.
  9.  13
    Joseph P. DeMarco & Samuel A. Richmond (1977). A Note on the Priority of Liberty. Ethics 87 (3):272-275.
  10.  22
    Michael Lessnoff (1974). Barry on Rawls' Priority of Liberty. Philosophy and Public Affairs 4 (1):100-114.
  11. Graham Finlay (2011). Democracy, Agency and the Priority of Liberty: A Response to Gillian Brock's Global Justice: A Cosmopolitan Account. Astrolabio: Revista Internacional de Filosofía 12:57-65.
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  12. Robert S. Taylor (2003). Rawls's Defense of the Priority of Liberty: A Kantian Reconstruction. Philosophy and Public Affairs 31 (3):246-271.
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  13.  15
    M. Allen (2011). Is Liberty Bad for Your Health? Towards a Moderate View of the Robust Coequality of Liberty and Health. Public Health Ethics 4 (3):260-268.
    This article challenges the idea that the priority of liberty poses a threat to individual and population health. While acknowledging there are cases in which liberty does indeed pose a threat to the health of individuals and populations, I argue that the tension between liberty and health is overstated and that much can be done to relieve this tension. Indeed, liberty and health can and should be viewed as co-equal values in our broader conception of (...)
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  14.  6
    Wojciech Sadurski (1987). Review: "When Ideals Clash": Smith, Calabresi, and the Priority of the Right Over the Good. [REVIEW] Law and Philosophy 6 (2):259 - 280.
    An important feature of some recent jurisprudential writings is the tendency to reject the precept of liberal individualism which affirms the priority of the principles of the "right conduct" over the substantive conceptions of "the good". This rejection, explicit in a recent book by Rogers M. Smith, and implicit in a recent work by Guido Calabresi, leads to strikingly illiberal consequences; hence, this provides indirect confirmation that the priority of the right over the good constitutes the most reliable (...)
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  15.  28
    Elijah Millgram (2009). Liberty, the Higher Pleasures, and Mill's Missing Science of Ethnic Jokes. Social Philosophy and Policy 26 (1):326-353.
    Aggregation-friendly moral theories such as classical utilitarianism are forced to invest a great deal of ingenuity in damping out and modulating the effects of welfare aggregation. In Mill's treatment, the problem famously appears as the puzzle of how the Principle of Liberty is meant to be compatible with the Principle of Utility, and there have been a great many attempted interpretations of his solution, all, in my view, unsatisfactory. I will first reconstruct Mill's generally unnoticed account of the psychological (...)
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  16.  82
    Robert S. Taylor (2011). Reconstructing Rawls: The Kantian Foundations of Justice as Fairness. Penn State University Press.
    With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the (...)
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  17.  37
    Todd Bernard Weber (2000). Tragic Dilemmas and the Priority of the Moral. Journal of Ethics 4 (3):191-209.
    My purpose in this paper is to argue that we are not vulnerableto inescapable wrongdoing occasioned by tragic dilemmas. I directmy argument to those who are most inclined to accept tragicdilemmas: those of broadly Nietzschean inclination who reject``modern moral philosophy'''' in favor of the ethical ideas of theclassical Greeks. Two important features of their project are todeny the usefulness of the ``moral/nonmoral distinction,'''' and todeny that what are usually classified as moral reasons always oreven characteristically ``trump'''' nonmoral reasons in anadmirable (...)
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  18.  36
    Kristian Skagen Ekeli (2006). The Principle of Liberty and Legal Representation of Posterity. Res Publica 12 (4):385-409.
    This paper considers a guardianship model for the legal representation of future generations. According to this model, national and international courts should be given the competence to appoint guardians for future generations, if agents who care about the welfare of posterity apply for the creation of a guardianship in relation to a dispute that can be resolved by the application of law. This reform would grant guardians of future people legal standing or locus standi before courts, that is, the right (...)
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  19. David Ellerman (2011). Comment on Ramon Flecha and Ignacio Santa Cruz: The Priority of Labor and Capital Accounts. Analyse & Kritik 33 (1):171-174.
    Two aspects of the fine Flecha-Cruz paper can be usefully elaborated. The Mondragon cooperatives differ not only from capitalist firms but also from most other cooperatives in the doctrine of the 'priority of labor over capital' which means that the people working in any sort of cooperative will be members and will not be rented as employees. Also the Mondragon system of internal capital accounts solves the equity-structure problem that has plagued many modern cooperatives structured as non-profits or traditional (...)
     
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  20.  14
    Boris DeWiel (2010). Freedom as Creativity: On the Origin of the Positive Concept of Liberty. Journal for the Study of Religions and Ideologies 2 (4):42-57.
    The concept of positive liberty includes both the regulative autonomy to do what we will and the constitutive autonomy to become what we will. However, the latter represents the full meaning of the idea. Liberty in this meaning is a creative power: we are most free in the positive sense when we give our defining constitutive rules to ourselves. The original conceptual model for liberty as creativity did not belong to classical Greek tradition but came to (...)
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  21.  37
    David Schmidtz & Jason Brennan (2010). Brief History of Liberty. Wiley-Blackwell.
    Stimulating and thought-provoking," A Brief History of Liberty" offers readers a philosophically-informed portrait of the elusive nature of one of our most ...
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  22. Randy E. Barnett (2000). [Book Review] the Structure of Liberty, Justice and the Rule of Law. [REVIEW] Criminal Justice Ethics 19 (2):131-135.
    This provocative book outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power.
     
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  23.  4
    Noor Munirah Isa & Saadan Man (2014). “First Things First”: Application of Islamic Principles of Priority in the Ethical Assessment of Genetically Modified Foods. Journal of Agricultural and Environmental Ethics 27 (5):857-870.
    Advancement of modern agricultural biotechnology has brought various potential benefits to humankind, but at the same time ethical concerns regarding some applications such as genetically modified foods have been raised among the public. Several questions are being posed; should they utilize such applications to improve quality of their life, or should they refrain in order to save themselves from any associated risk? What are the ethical principles that can be applied to assess these applications? By using GMF as a case (...)
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  24.  51
    Jennie Louise (2009). Correct Responses and the Priority of the Normative. Ethical Theory and Moral Practice 12 (4):345 - 364.
    The ‘Wrong Kind of Reason’ problem for buck-passing theories (theories which hold that the normative is explanatorily or conceptually prior to the evaluative) is to explain why the existence of pragmatic or strategic reasons for some response to an object does not suffice to ground evaluative claims about that object. The only workable reply seems to be to deny that there are reasons of the ‘wrong kind’ for responses, and to argue that these are really reasons for wanting, trying, (...)
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  25.  7
    Frederick Rosen (2006). The Philosophy of Error and Liberty of Thought: J.S. Mill on Logical Fallacies. Informal Logic 26 (2):121-147.
    Most recent discussions of John Stuart Mill’s System of Logic (1843) neglect the fifth book concerned with logical fallacies. Mill not only follows the revival of interest in the traditional Aristotelian doctrine of fallacies in Richard Whately and Augustus De Morgan, but he also develops new categories and an original analysis which enhance the study of fallacies within the context of what he calls ‘the philosophy of error’. After an exploration of this approach, the essay relates the philosophy of error (...)
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  26.  15
    Peter West-Oram (2013). Freedom of Conscience and Health Care in the United States of America: The Conflict Between Public Health and Religious Liberty in the Patient Protection and Affordable Care Act. Health Care Analysis 21 (3):237-247.
    The recent confirmation of the constitutionality of the Obama administration’s Patient Protection and Affordable Care Act (PPACA) by the US Supreme Court has brought to the fore long-standing debates over individual liberty and religious freedom. Advocates of personal liberty are often critical, particularly in the USA, of public health measures which they deem to be overly restrictive of personal choice. In addition to the alleged restrictions of individual freedom of choice when it comes to the question of whether (...)
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  27.  9
    John McKie, Rosalind Hurworth, Bradley Shrimpton, Jeff Richardson & Catherine Bell (2013). Priority Setting and Patient Adaptation to Disability and Illness: Outcomes of a Qualitative Study. [REVIEW] Health Care Analysis (3):1-17.
    The study examined the question of who should make decisions for a National Health Scheme about the allocation of health resources when the health states of beneficiaries could change because of adaptation. Eight semi-structured small group discussions were conducted. Following focus group theory, interviews commenced with general questions followed by transition questions and ended with a ‘focus’ or ‘key’ question. Participants were presented with several scenarios in which patients adapted to their health states. They were then asked their views about (...)
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  28. Vatro Murvar (ed.) (1985). Theory of Liberty, Legitimacy, and Power: New Directions in the Intellectual and Scientific Legacy of Max Weber. Routledge & Kegan Paul.
  29. Michael Garnett (2007). Ignorance, Incompetence and the Concept of Liberty. Journal of Political Philosophy 15 (4):428–446.
    What is liberty, and can it be measured? In this paper I argue that the only way to have a liberty metric is to adopt an account of liberty with specific and controversial features. In particular, I argue that we can make sense of the idea of a quantity of liberty only if we are willing to count certain purely agential constraints, such as ignorance and physical incompetence, as obstacles to liberty in general. This spells (...)
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  30.  2
    William J. Zanardi (2010). Functional Specialization And the Education of Liberty. Journal of Macrodynamic Analysis 5:37-56.
    This article locates Lonergan’s call for a new political economy within a larger project, the “education of liberty,” one aim of which is to have large numbers of producers and consumers voluntarily and intelligently adapting their economic decisions to the rhythms of the economy. Part I of the article describes several basic obstacles to such adaptations, including a type of economic realism that assumes “rational agency” in the marketplace is equivalent to the pursuit of perceived self-interest. How are any (...)
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  31. Sam Baron (2014). The Priority of the Now. Pacific Philosophical Quarterly:0-0.
    This paper motivates and develops a new theory of time: priority presentism. Priority presentism is the view according to which (i) only present entities exist fundamentally and (ii) past and future entities exist, but they are grounded in the present. The articulation of priority presentism is an exercise in applied grounding: it draws on concepts from the recent literature on ontological dependence and applies those concepts in a new way, to the philosophy of time. The result, as (...)
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  32. Jonathan Schaffer (2010). Monism: The Priority of the Whole. Philosophical Review 119 (1):31-76.
    Consider a circle and a pair of its semicircles. Which is prior, the whole or its parts? Are the semicircles dependent abstractions from their whole, or is the circle a derivative construction from its parts? Now in place of the circle consider the entire cosmos (the ultimate concrete whole), and in place of the pair of semicircles consider the myriad particles (the ultimate concrete parts). Which if either is ultimately prior, the one ultimate whole or its many ultimate parts?
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  33.  9
    David Godden (forthcoming). On the Priority of Agent-Based Argumentative Norms. Topoi:1-13.
    This paper argues against the priority of pure, virtue-based accounts of argumentative norms [VA]. Such accounts are agent-based and committed to the priority thesis: good arguments and arguing well are explained in terms of some prior notion of the virtuous arguer arguing virtuously. Two problems with the priority thesis are identified. First, the definitional problem: virtuous arguers arguing virtuously are neither sufficient nor necessary for good arguments. Second, the priority problem: the goodness of arguments is not (...)
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  34. Samuel Fleischacker (1999). A Third Concept of Liberty: Judgment and Freedom in Kant and Adam Smith. Princeton University Press.
    Taking the title of his book from Isaiah Berlin's famous essay distinguishing a negative concept of liberty connoting lack of interference by others from a positive concept involving participation in the political realm, Samuel Fleischacker explores a third definition of liberty that lies between the first two. In Fleischacker's view, Kant and Adam Smith think of liberty as a matter of acting on our capacity for judgment, thereby differing both from those who tie it to the satisfaction (...)
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  35.  18
    Kathrin Koslicki (2015). The Causal Priority of Form in Aristotle. Studia Philosophica Estonica 7 (2):113.
    In various texts, Aristotle assigns priority to form, in its role as a principle and cause, over matter and the matter-form compound. Given the central role played by this claim in Aristotle's search for primary substance in the Metaphysics, it is important to understand what motivates him in locating the primary causal responsibility for a thing's being what it is with the form, rather than the matter. According to Met. Theta.8, actuality [ energeia / entelecheia ] in general is (...)
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  36.  62
    Danny Frederick (2013). A Critique of Lester's Account of Liberty. Libertarian Papers 5 (1):45-66.
    In Escape from Leviathan, Jan Lester sets out a conception of liberty as absence of imposed cost which, he says, advances no moral claim and does not premise an assignm..
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  37.  9
    Mario Solís Umaña (2012). Global Justice and the Priority of Basic Goods to Basic Freedoms: Reflexions on Amartya Sen's Development and Freedom. Revista de Filosofía (Madrid) 37 (1):123-153.
    The paper examines Amartya Sen’s seminal work Development and Freedom (1999) in relation to his underlying conception of justice and particularly in relation to the tension that arises in the correlation between basic freedom and basic goods. The idea is to address the question as to which of the two elements (basic goods or basic freedoms) takes precedence to the enactment of global justice. The paper advances a particular distinction between a foundational approach and a functional approach when addressing (...)
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  38.  6
    Rogério A. Picoli (2013). The Paley's Concept of Liberty and the Eclipse of the Republicanism (O conceito de liberdade em Paley e o eclipse do republicanismo). Cadernos de Ética E Filosofia Política 1 (22):141-158.
    According to Pettit and Skinner the rising of utilitarianism would have decisively contributed to the eclipse of the modern republican tradition. The Utilitarians would have been responsible for a radical critique of the concept of republican liberty, which would have resulted in the predominance of the Hobbesian conception of freedom. The sharpness and strength of the utilitarian attack to the conception of republican liberty would have be summarized in a set of objections formulated, in the late eighteenth century, (...)
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  39.  2
    Michael Novak (1990). This Hemisphere of Liberty: A Philosophy of the Americas. Distributed by Arrangement with National Book Network.
    The subject of this book is how to build institutions of liberty in this hemisphere of the Americas.
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  40. Robert S. Taylor (2004). Self-Realization and the Priority of Fair Equality of Opportunity. Journal of Moral Philosophy 1 (3):333-347.
    The lexical priority of fair equality of opportunity in John Rawls’s justice as fairness, which has been sharply criticized by Larry Alexander and Richard Arneson among others, is left almost entirely undefended in Rawls’s works. I argue here that this priority rule can be successfully defended against its critics despite Rawls’s own doubts about it. Using the few textual clues he provides, I speculatively reconstruct his defense of this rule, showing that it can be grounded on our interest (...)
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  41. Christopher Lazarski (2012). Power Tends to Corrupt: Lord Acton's Study of Liberty. Northern Illinois University Press.
    Introduction -- Acton's life and mission -- Part I. The foundation of liberty -- Part II. Anglo-American liberty -- Part III. The liberty of revolutionary dreams -- Part IV. Civic versus civil liberty.
     
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  42.  7
    Tibor R. Machan (2008). The Promise of Liberty: A Non-Utopian Vision. Lexington Books.
    Introduction: Why moral judgments can be objective -- Theorists v. their theories : the case of agent causation -- Ethics and its controversial assumptions : individualism & human success -- Virtue, liberty, and private property : aspects of humanist political economy -- Economic analysis and the pursuit of liberty -- Human rights and poverty -- Rights, values, regulation, and health care -- The morality of smoking -- Philosophy, physics, and common sense -- The calculation problem & the tragedy (...)
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  43.  55
    Kevin J. Harrelson (2015). The Priority of Epistemology in Early Neo-Kantianism. History of Philosophy Quarterly 32 (1):57-77.
    This essay examines the argumentative context in which early Neo-Kantian philosophers defined and defended "epistemology." The paper defends Richard Rorty's claim that the priority of epistemology influenced how the history of modern philosophy was written but corrects his story by showing that epistemology was defended mainly via antifoundational arguments. The essay begins with a few programmatic arguments by Kuno Fischer and Eduard Zeller but focuses mainly on Otto Liebmann's Kant und die Epigonen. I argue that Liebmann completes the agenda (...)
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  44. Yashar Saghai (2013). Salvaging the Concept of Nudge. Journal of Medical Ethics 39 (8):487-493.
    In recent years, ‘nudge’ theory has gained increasing attention for the design of population-wide health interventions. The concept of nudge puts a label on efficacious influences that preserve freedom of choice without engaging the influencees’ deliberative capacities. Given disagreements over what it takes genuinely to preserve freedom of choice, the question is whether health influences relying on automatic cognitive processes may preserve freedom of choice in a sufficiently robust sense to be serviceable for the moral evaluation of actions and policies. (...)
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  45.  5
    Hadassa Noorda (2015). Preventive Deprivations of Liberty: Asset Freezes and Travel Bans. Criminal Law and Philosophy 9 (3):521-535.
    This article examines preventive constraints on suspected terrorists that can lead to restrictions on liberty similar to imprisonment and disrespect the target’s autonomy. In particular, it focuses on two examples: travel bans and asset freezes. It seeks to develop guidelines for setting appropriate limits on their future use. Preventive constraints do not generate legal protections as constraints in response to conduct do. In addition, these constraints are often seen as a permissible alternative to imprisonment. Still, preventive de facto detentions, (...)
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  46.  58
    John Finnis (2013). The Priority of Persons Revisited. American Journal of Jurisprudence 58 (1):45-62.
    This essay, in the context of a conference on justice, reviews and reaffirms the main theses of “The Priority of Persons” (2000), and supplements them with the benefit of hindsight in six theses. The wrongness of Roe v. Wade goes wider than was indicated. The secularist scientistic or naturalist dimension of the reigning contemporary ideology is inconsistent with the spiritual reality manifested in every word or gesture of its proponents. The temporal continuity of the existence of human persons and (...)
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  47.  1
    Justin D. Steinberg (2008). Spinoza on Being Sui Iuris and the Republican Conception of Liberty. History of European Ideas 34 (3):239-249.
    Spinoza's use of the phrase “sui iuris” in the Tractatus Politicus gives rise to the following paradox. On the one hand, one is said to be sui iuris to the extent that one is rational; and to the extent that one is rational, one will steadfastly obey the laws of the state. However, Spinoza also states that to the extent that one adheres to the laws of the state, one is not sui iuris, but rather stands under the power [sub (...)
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  48.  42
    Iain Macdonald (2011). 'What Is, Is More Than It Is': Adorno and Heidegger on the Priority of Possibility. International Journal of Philosophical Studies 19 (1):31-57.
    (2011). ‘What Is, Is More than It Is’: Adorno and Heidegger on the Priority of Possibility. International Journal of Philosophical Studies: Vol. 19, No. 1, pp. 31-57. doi: 10.1080/09672559.2011.539357.
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  49.  24
    David Aldridge (2012). The Logical Priority of the Question: R. G. Collingwood, Philosophical Hermeneutics and Enquiry-Based Learning. Journal of Philosophy of Education 46 (4):71-85.
    The thesis that all learning has the character of enquiry is advanced and its implications are explored. R. G. Collingwood's account of ‘the logical priority of the question’ is explained and Hans-Georg Gadamer's hermeneutical justification and development, particularly the rejection of the re-enactment thesis, is discussed. Educators are encouraged to consider the following implications of the character of the question implied in all learning: (i) that it is a question that is constituted in the event rather than prepared or (...)
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  50.  30
    James A. Stegenga (1973). J. S. Mill's Concept of Liberty and the Principle of Utility. Journal of Value Inquiry 7 (4):281-289.
    Is j s mill's concept of liberty basically utilitarian? the 'utilitarian' justifies action if it promotes the ends of happiness or pleasure. But for mill liberty is neither defined nor justified by reference to any felicific calculus. Rather, His concept of liberty seems to be based on (1) natural rights theory and (2) a consideration of its social benefits.
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