Results for 'Grant Lamond'

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  1. Do precedents create rules?Grant Lamond - 2005 - Legal Theory 11 (1):1-26.
    This article argues that legal precedents do not create rules, but rather create a special type of reason in favour of a decision in later cases. Precedents are often argued to be analogous to statutes in their law-creating function, but the common law practice of distinguishing is difficult to reconcile with orthodox accounts of the function of rules. Instead, a precedent amounts to a decision on the balance of reasons in the case before the precedent court, and later courts are (...)
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  2. Coercion and the nature of law.Grant Lamond - 2001 - Legal Theory 7 (1):35-57.
    It is a commonplace that coercion forms part of the nature of law: Law is inherently coercive. But how well founded is this claim, and what would it mean for coercion to be part of the of law? This article suggests that the claim is grounded in our current conception of law. The main focus of the article, however, is upon two major lines of argument that attempt to establish a link between law and coercion: one based upon the laws (...)
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  3.  96
    Persuasive Authority in the Law.Grant Lamond - 2010 - The Harvard Review of Philosophy 17 (1):16-35.
    This article discusses the nature of persuasive authorities in the common law, and argues that many of them are best understood in terms of their (being regarded) as having theoretical rather than practical authorities for the courts that cite them. The contrast between theoretical and practical authority is examined at length in order to support the view that the treatment of many persuasive authorities by courts is more consistent with this view. Finally, it is argued that if persuasive authorities are (...)
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  4. Coercion, Threats, and the Puzzle of Blackmail.Grant Lamond - 1996 - In A. P. Simester & A. T. H. Smith (eds.), Harm and culpability. New York: Oxford University Press. pp. 215-38.
    This paper discusses the puzzle of blackmail, i.e. the way in which the threat of an otherwise legally permissible action can in some cases constitute blackmail. It argues that the key to understanding blackmail is in terms of coercion and threats, and the effect such threats have on the validity of a victim’s consent. The nature of coercion and of coercive threats is considered in detail to support the thesis that threats are prima facie impermissible, though often justified all-things-considered. The (...)
     
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  5. Precedent and analogy in legal reasoning.Grant Lamond - 2008 - Stanford Encyclopedia of Philosophy.
  6. Coercion, Threats, and the Puzzle of Blackmail.Grant Lamond - 1996 - In A. P. Simester & A. T. H. Smith (eds.), Harm and culpability. New York: Oxford University Press. pp. 215.
     
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  7.  84
    What is a Crime?Grant Lamond - 2007 - Oxford Journal of Legal Studies 27 (4):609-632.
    This article presents a philosophical account of the nature of crime. It argues that the criminal law contains both fault-based crimes and strict liability offences, and that these two represent different paradigms of liability. It goes on to argue that the gist of fault-based crimes lies in their being public wrongs, not (as is often thought) because they wrong the public, but because the public is responsible for punishing them, i.e. because they merit state punishment. What makes wrongs deserving of (...)
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  8. Methodology.Grant Lamond - 2020 - In John Tasioulas (ed.), The Cambridge Companion to the Philosophy of Law. New York, NY, USA: Cambridge University Press.
     
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  9.  11
    Culpability and Moral Vice.Grant Lamond - forthcoming - Criminal Law and Philosophy:1-12.
    This paper raises four queries about Simester’s defective engagement with reason account of culpability found in his Fundamentals of Criminal Law: (1) the characterisation of the account in terms of moral ‘vices’; (2) the basis for identifying a vice as a ‘moral’ vice; (3) what is involved in an agent manifesting ‘insufficient care and concern’ for the interests of others; and (4) whether the account is an account of culpability generally, or is instead an account of criminal culpability, i.e., the (...)
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  10.  16
    Everything in its right place.Grant Lamond - 2018 - Jurisprudence 9 (2):353-360.
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  11.  73
    Precedent.Grant Lamond - 2007 - Philosophy Compass 2 (5):699–711.
    Precedent is a central feature of legal practice, requiring courts to follow decisions reached in earlier cases, thereby transforming the decisions in individual cases into a source of law. This article examines two major questions associated with precedent: (a) how to characterise the way that precedent operates as a source of law; and (b) how to justify the requirement that courts follow earlier decisions regardless of the merits of those decisions. Precedents are often thought to create general legal rules, but (...)
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  12.  6
    Coercion.Grant Lamond - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell. pp. 642–653.
    This chapter contains sections titled: Coercion Law References.
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  13.  3
    Commitments and Practical Reason.Grant Lamond - 1996
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  14.  25
    Legal Reasoning for Hedgehogs.Grant Lamond - 2017 - Ratio Juris 30 (4):507-521.
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  15.  60
    Common-law judicial reasoning and analogy.Adam Rigoni - 2014 - Legal Theory 20 (2):133-156.
    Proponents of strict rule-based theories of judicial reasoning in common-law systems have offered a number of criticisms of analogical alternatives. I explain these criticisms and show that at best they apply equally well to rule-based theories. Further, I show how the analogical theories explain a feature of judicial common-law reasoningthat rule-based theories ignore. Finally, I show that reason-based, analogical theories of common-law judicial reasoning, such as those offered by John Horty and Grant Lamond, offer especially strong rejoinders to (...)
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  16.  96
    Reasons and Precedent.John Horty - unknown
    This paper describes one way in which a precise reason model of precedent could be developed, based on Grant Lamond’s general idea that a later court is constrained to reach a decision that is consistent an earlier court’s assessment of the balance of reasons. The account provided here has the additional advantage of showing how this reason model can be reconciled with the traditional idea that precedential constraint involves rules, as long as these rules are taken to be (...)
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  17.  21
    Reading HLA Hart's The concept of law.Luís Duarte D'Almeida, James Edwards & Andrea Dolcetti (eds.) - 2013 - Oxford, United Kingdom: Hart Publishing.
    More than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book. Unique in format, the volume proceeds sequentially through all the main ideas in The Concept of Law: each contributor addresses a single chapter of Hart's book, critically discussing its arguments in light of subsequent developments in the field. (...)
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  18.  32
    Coercion as a Pro Tanto Wrong: A Moderately Moralized Approach.Jackson Kushner - 2019 - The Journal of Ethics 23 (4):449-471.
    I defend one way of solving the Impermissibility Problem—that is, the problem that on moralized approaches to coercion, coerciveness and permissibility are mutually exclusive. This brings up intuitive difficulties for cases such as taxation, which seem to be both coercive and permissible. I gloss three popular theories of coercion—the moralized baseline, nonmoralized baseline, and enforcement approaches—and conclude that only the nonmoralized baseline approach clearly solves the problem. However, Robert Nozick’s famous “slave case” raises another serious issue for the nonmoralized baseline (...)
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  19.  47
    What We Owe the Psychopath: A Neuroethical Analysis.Grant Gillett & Jiaochen Huang - 2013 - American Journal of Bioethics Neuroscience 4 (2):3-9.
    Psychopaths are often regarded as a scourge of contemporary society and, as such, are the focus of much public vilification and outrage. But, arguably, psychopaths are both sinned against as well as sinners. If that is true, then their status as the victims of abusive subcultures partially mitigates their moral responsibility for the harms they cause. We argue, from the neuroethics of psychopathy and antisocial personality disorder (ASPD), that communities have a moral obligation to psychopaths as well as a case (...)
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  20.  56
    The Subjective Brain, Identity, and Neuroethics.Grant R. Gillett - 2009 - American Journal of Bioethics 9 (9):5-13.
    The human brain is subjective and reflects the life of a being-in-the-world-with-others whose identity reflects that complex engaged reality. Human subjectivity is shaped and in-formed (formed by inner processes) that are adapted to the human life-world and embody meaning and the relatedness of a human being. Questions of identity relate to this complex and dynamic reality to reflect the fact that biology, human ecology, culture, and one's historic-political situation are inscribed in one's neural network and have configured its architecture so (...)
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  21.  7
    Subjectivity and Being Somebody: Human Identity and Neuroethics.Grant Gillett - 2008 - Imprint Academic.
    This book uses a neo-Aristotelian framework to examine human subjectivity as an embodied being. It examines the varieties of reductionism that affect philosophical writing about human origins and identity, and explores the nature of rational subjectivity as emergent from our neurobiological constitution. This allows a consideration of the effect of neurological interventions such as psychosurgery, neuroimplantation, and the promise of cyborgs on the image of the human. It then examines multiple personality disorder and its implications for narrative theories of the (...)
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  22.  5
    The Mind and its Discontents.Grant Gillett - 2009 - New York: Oxford University Press.
    The first edition of The Mind and its Discontents was a powerful analysis of how, as a society, we view mental illness, looking beyond just biological models of mental pathologies. In the ten years since, there has been growing interest in the philosophy of psychiatry, and a new edition of this text is more timely and important than ever.
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  23.  29
    Evolutionary neurology, responsive equilibrium, and the moral brain.Grant Gillett & Elizabeth Franz - 2016 - Consciousness and Cognition 45:245-250.
  24.  30
    Concepts, structures, and meanings.Grant R. Gillett - 1987 - Inquiry: An Interdisciplinary Journal of Philosophy 30 (March):101-112.
    Concepts are basic elements of thought. Piaget has a conception of the nature of concepts as informational or computational operations performed in an inner milieu and enabling the child to understand the world in which it lives and acts. Concepts are, however, not merely logico?mathematical but are also conceptually linked to the mastery of language which itself involves the appropriate use of words in social and interpersonal settings. In the light of Vygotsky's work on the social and interactive nature of (...)
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  25.  55
    Intention, autonomy, and brain events.Grant Gillett - 2009 - Bioethics 23 (6):330-339.
    Informed consent is the practical expression of the doctrine of autonomy. But the very idea of autonomy and conscious free choice is undercut by the view that human beings react as their unconscious brain centres dictate, depending on factors that may or may not be under rational control and reflection. This worry is, however, based on a faulty model of human autonomy and consciousness and needs close neurophilosophical scrutiny. A critique of the ethics implied by the model takes us towards (...)
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  26.  10
    Killing, Letting Die and Moral Perception.Grant Gillett - 2007 - Bioethics 8 (4):312-328.
    ABSTRACT There are a number of arguments that purport to show, in general terms, that there is no difference between killing and letting die. These are used to justify active euthanasia on the basis of the reasons given for allowing patients to die. I argue that the general and abstract arguments fail to take account of the complex and particular situations which are found in the care of those with terminal illness. When in such situations, there are perceptions and intuitions (...)
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  27.  81
    Three Kinds of Niche Construction.Bendik Hellem Aaby & Grant Ramsey - 2022 - British Journal for the Philosophy of Science 73 (2):351-372.
    Niche construction theory concerns how organisms can change selection pressures by altering the feature–factor relationship between themselves and their environment. These alterations are standardly understood to be brought about through two kinds of organism–environment interaction: perturbative and relocational niche construction. We argue that a reconceptualization is needed on the grounds that if a niche is understood as the feature–factor relationship, then there are three fundamental ways in which organisms can engage in niche construction: constitutive, relational, and external niche construction. We (...)
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  28.  17
    How do I learn to be me again? Autonomy, life skills, and identity.Grant Gillett - 2012 - In Lubomira Radoilska (ed.), Autonomy and Mental Disorder. Oxford University Press.
  29.  84
    The neurophilosophy of pain.Grant R. Gillett - 1991 - Philosophy 66 (April):191-206.
    The ability to feel pain is a property of human beings that seems to be based entirely in our biological natures and to place us squarely within the animal kingdom. Yet the experience of pain is often used as an example of a mental attribute with qualitative properties that defeat attempts to identify mental events with physiological mechanisms. I will argue that neurophysiology and psychology help to explain the interwoven biological and subjective features of pain and recommend a view of (...)
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  30.  21
    Virtue and truth in clinical science.Grant Gillett - 1995 - Journal of Medicine and Philosophy 20 (3):285-298.
    Since the time of Hippocrates, medical science sought to develop a practice based on "knowledge rather than opinion". However, in the light of recent alternative approaches to healing and a philosophy of science that, through thinkers like Kuhn, Rorty, and Foucault, is critical of claims to objective truth, we must reappraise the way in which medical interventions can be based on proven pathophysiological knowledge rather than opinion. Developing insights in Foucault, Lacan, and Wittgenstein, this essay argues for a recovery of (...)
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  31. The Neurodynamics of Free Will.Grant Gillett & Walter Glannon - 2020 - Mind and Matter 18 (2):159-173.
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  32. A New Foundation for the Propensity Interpretation of Fitness.Charles H. Pence & Grant Ramsey - 2013 - British Journal for the Philosophy of Science 64 (4):851-881.
    The propensity interpretation of fitness (PIF) is commonly taken to be subject to a set of simple counterexamples. We argue that three of the most important of these are not counterexamples to the PIF itself, but only to the traditional mathematical model of this propensity: fitness as expected number of offspring. They fail to demonstrate that a new mathematical model of the PIF could not succeed where this older model fails. We then propose a new formalization of the PIF that (...)
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  33.  15
    Effaced Enigmata.Grant Gillett - 2017 - Cambridge Quarterly of Healthcare Ethics 26 (4):616-627.
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  34.  12
    Culture, the Crack’d Mirror, and the Neuroethics of Disease.Grant Gillett - 2016 - Cambridge Quarterly of Healthcare Ethics 25 (4):634-646.
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  35.  9
    HIV/AIDS: The Challenging Journey.Grant Gillett - 2016 - American Journal of Bioethics 16 (10):27-28.
    The journey metaphor used by Nie and colleagues (2016) can be analyzed in terms of the way in which health care professionals can support well-being and attend to the aspects of illness that often...
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  36. Free will and events in the brain.Grant R. Gillett - 2001 - Journal of Mind and Behavior 22 (3):287-310.
    Free will seems to be part of the romantic echo of a world view which predates scientific psychology and, in particular, cognitive neuroscience. Findings in cognitive neuroscience seem to indicate that some form of physicalist determinism about human behavior is correct. However, when we look more closely we find that physical determinism based on the view that brain events cause mental events is problematic and that the data which are taken to support that view, do nothing of the kind. In (...)
     
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  37.  18
    Sense and Moral Sensibility in Vegetative States.Grant R. Gillett - 2015 - American Journal of Bioethics Neuroscience 6 (2):42-44.
    Patients with covert awareness who present as being vegetative raise the question of moral status and clinical decisions about those who have suffered major brain injuries. When the idea of moral s...
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  38. Is Corporate Social Responsibility Performance Associated with Tax Avoidance?Roman Lanis & Grant Richardson - 2015 - Journal of Business Ethics 127 (2):439-457.
    This study examines whether corporate social responsibility performance is associated with corporate tax avoidance. Employing a matched sample of 434 firm-year observations from the Kinder, Lydenberg, and Domini database over the period 2003–2009, our logit regression results show that the higher the level of CSR performance of a firm, the lower the likelihood of tax avoidance. Our results indicate that more socially responsible firms are likely to display less tax avoidance. Finally, the results from our additional analysis show that the (...)
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  39.  5
    Consciousness, the Brain and What Matters 1.Grant Gillett - 1990 - Bioethics 4 (3):181-198.
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  40.  42
    Freedom of the will and mental content.Grant Gillett - 1993 - Ratio 6 (2):89-107.
    The idea of freedom of the will seems to conflict with the principle of causal efficacy implicit in many theories of mind. The conflict is normally resolved within a compatibilist view whereby the desires and beliefs of the agent, replete with a respectable if yet to be elucidated causal pedigree, are taken to be the basis of individual freedom. The present view is an alternative which erects mental content on a framework of rule following and then argues that rule‐following is (...)
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  41.  50
    Social causation and cognitive neuroscience.Grant R. Gillett - 1993 - Journal for the Theory of Social Behaviour 23 (1):27–45.
  42.  42
    Working as Equals: Relational Egalitarianism and the Workplace.Julian David Jonker & Grant J. Rozeboom (eds.) - 2023 - New York, US: Oxford University Press USA.
    Are hierarchical arrangements in the workplace, including the employer-employee relationship, consistent with the ideal of relating to one another as moral equals? With this question at its core, this volume of essays by leading moral and political philosophers explores ideas about justice in the workplace, contributing to both political philosophy and business ethics. Relational egalitarians propose that the ideal of equality is primarily an ideal of social relationships and view the equality of social relationships as having priority over the distributive (...)
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  43.  9
    Benn-ding the rules of resentment.Grant Gillett - 1999 - Philosophy, Psychiatry, and Psychology 6 (1):49-51.
  44.  5
    Correction.Grant Gillett - 2005 - Journal of Bioethical Inquiry 2 (2):62-62.
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  45.  45
    Consciousness and Lesser states: The evolutionary foothills of the mind.Grant Gillett - 1999 - Philosophy 74 (3):331-360.
    Consciousness and its relation to the unconscious mind have long been debated in philosophy. I develop the thesis that consciousness and its contents reflect the highest elaboration of a set of abilities to respond to the environment realized in more primitive organisms and brain circuits. The contents of the states lesser than consciousness are, however, intrinsically dubious and indeterminate as it is the role of the discursive skills we use to construct conscious contents that lends articulation and clarity to the (...)
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  46.  15
    Commentary on" Puppetmasters and Personality Disorders".Grant Gillett - 1994 - Philosophy, Psychiatry, and Psychology 1 (2):101-103.
  47.  37
    Cognitive structure, logic, and language.Grant Gillett - 2003 - Behavioral and Brain Sciences 26 (3):292-293.
    Philosophical accounts of thought crucially involve an array of abilities to identify general properties or features of the world (corresponding to concepts) and objects that instantiate those general properties. Abilities of both types can be grounded in a naturalistic account of the usefulness of cognitive structures in adaptive behaviour. Language enhances these abilities by multiplying the experience bases giving rise to them and helping to overcome subjective biases.
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  48. Consciousness, thought, and neurological integrity.Grant R. Gillett - 1995 - Journal of Mind and Behavior 16 (3):215-33.
    The problematic features of the cognitive function of patients with brain damage are often taken to indicate that such persons have split or dual consciousness. An intentional or cognitive theory of consciousness which focuses on the structure and contents of conscious experience makes this thesis look quite unattractive. Consciousness is active and directed toward objects and in the human case it shows an internally reflective structure based on the abilities required to grasp and use concepts. On this view, consciousness is (...)
     
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  49.  21
    Delusions and the Postures of the Mind.Grant Gillett & Richard Mullen - 2014 - Philosophy, Psychiatry, and Psychology 21 (1):47-49.
    The two commentators have examined and illuminated different aspects of the analysis of delusions that we have offered. Their discussions both raise points that clarify that analysis in helpful ways. Richard Bentall (2014) makes the telling point that distinguishing the mental phenomena that count as delusions is not always straightforward and that, at the margins, there is a perennial problem with patterns of thought that seem to fall outside the realm of shared meanings that most of us derive from our (...)
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  50.  16
    Foucault and Current Psychiatric Practice.Grant Gillett - 2012 - Philosophy, Psychiatry, and Psychology 19 (1):59-61.
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