Results for ' normative claim'

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  1.  24
    The normative claim of law.Stefano Bertea - 2009 - Portland, Or.: Hart.
    Meaning and status -- Generality and moral quality -- Content-dependence and discursive character -- Why grounds are needed -- Grounding the normativity of practical reason -- Grounding the normative claim and force of law.
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  2.  31
    Applying Metaethical and Normative Claims of Moral Relativism to (Shareholder and Stakeholder) Models of Corporate Governance.Andrew West - 2016 - Journal of Business Ethics 135 (2):199-215.
    There has, in recent decades, been considerable scholarship regarding the moral aspects of corporate governance, and differences in corporate governance practices around the world have been widely documented and investigated. In such a context, the claims associated with moral relativism are relevant. The purpose of this paper is to provide a detailed consideration of how the metaethical and normative claims of moral relativism in particular can be applied to corporate governance. This objective is achieved, firstly, by reviewing what is (...)
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  3. The Normative Claims of Three Types of Feminist Struggles for Recognition.Christopher F. Zurn - 1997 - Philosophy Today 41 (Supplement):73-78.
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  4. Law’s Normative Claims.Philip Soper - 1996 - In Robert P. George (ed.), The autonomy of law: essays on legal positivism. New York: Oxford University Press.
    People can look at non-conforming behaviour in two ways: either the person is acting immorally or the moral theory that condemns the behaviour is mistaken. To choose the former is to reflect a confidence in the existing moral theory, while choosing the latter is evidence that moral theory for that particular behaviour is wrong. This point says a lot about the link between the descriptive and evaluative enterprises of law. The development of basic moral principles, which draws from moral intuition, (...)
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  5.  15
    Foucault and medicine: challenging normative claims.Chris A. Suijker - 2023 - Medicine, Health Care and Philosophy 26 (4):539-548.
    Some of Michel Foucault’s work focusses on an archeological and genealogical analysis of certain aspects of the medical episteme, such as ‘Madness and Civilization’ (1964/2001), ‘The Birth of the Clinic’ (1973) and ‘The History of Sexuality’ (1978/2020a). These and other Foucauldian works have often been invoked to characterize, but also to normatively interpret mechanisms of the currently existing medical episteme. Writers conclude that processes of patient objectification, power, medicalization, observation and discipline are widespread in various areas where the medical specialty (...)
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  6.  10
    The Feasibility of Implementing Normative Claims That Are Especially Strong and Important.Bryan Kibbe - 2020 - American Journal of Bioethics 20 (4):97-99.
    Volume 20, Issue 4, May 2020, Page 97-99.
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  7. On the Relationship between Normative Claims and Empirical Realities in Immigration.Joseph H. Carens - 2019 - Proceedings of the 2018 ZiF Workshop “Studying Migration Policies at the Interface Between Empirical Research and Normative Analysisandquot;.
    What is and what ought to be the relationship between empirical research and normative analysis with respect to migration policies? The paper addresses this question from the perspective of political theory, asking about the place of empirical research in philosophical discussions of migration, and, for the most part, leaving to others questions about what role, if any, normative considerations do and should play in empirical research on migration. At the outset the paper also takes note of one important (...)
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  8. Is there any Normative Claim Internal to Stating Facts?Andreas Dorschel - 1988 - Communication and Cognition: An Interdisciplinary Quarterly Journal 21:5-16.
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  9. Quasi-realism, acquaintance, and the normative claims of aesthetic judgement.Cain Samuel Todd - 2004 - British Journal of Aesthetics 44 (3):277-296.
    My primary aim in this paper is to outline a quasi-realist theory of aesthetic judgement. Robert Hopkins has recently argued against the plausibility of this project because he claims that quasi-realism cannot explain a central component of any expressivist understanding of aesthetic judgements, namely their supposed ‘autonomy’. I argue against Hopkins’s claims by contending that Roger Scruton’s aesthetic attitude theory, centred on his account of the imagination, provides us with the means to develop a plausible quasi-realist account of aesthetic judgement. (...)
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  10. Emancipation without Utopia: Subjection, Modernity, and the Normative Claims of Feminist Critical Theory.Amy Allen - 2015 - Hypatia 30 (3):513-529.
    Feminist theory needs both explanatory-diagnostic and anticipatory-utopian moments in order to be truly critical and truly feminist. However, the explanatory-diagnostic task of analyzing the workings of gendered power relations in all of their depth and complexity seems to undercut the very possibility of emancipation on which the anticipatory-utopian task relies. In this paper, I take this looming paradox as an invitation to rethink our understanding of emancipation and its relation to the anticipatory-utopian dimensions of critique, asking what conception of emancipation (...)
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  11.  29
    Value Judgments: Value Judgments and Normative Claims.Marcus G. Singer & Stephen R. L. Clark - 1988 - Royal Institute of Philosophy Lectures 24:145-172.
    A person's values are what that person regards as or thinks important; a society's values are what that society regards as important. A society's values are expressed in laws and legislatively enacted policies, in its mores, social habits, and positive morality. Any body's values—an individual person's or a society's—are subject to change, and in our time especially. An individual manifests his or her values in expressions of approval or disapproval, of admiration or disdain, by seeking or avoidance behaviour, and by (...)
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  12. Punishment: A conceptual map and a normative claim.James M. Smith - 1965 - Ethics 75 (4):285-290.
  13.  39
    Quasi−Realism, Acquaintance, and The Normative Claims of Aesthetic Judgement.S. Davies, R. Hopkins, J. Robinson & C. Samuel Todd - 2004 - British Journal of Aesthetics 44 (3):277-296.
  14.  52
    Quasi-realism, acquaintance, and the normative claims of aesthetic judgement.C. Samuel Todd - 2004 - British Journal of Aesthetics 44 (3):277-296.
  15. Intersubjective Norms and the Claims of Conscience: A Hegelian Ethics.Lydia L. Moland - 2002 - Dissertation, Boston University
    This dissertation argues that an agent's particular commitments are an integral and necessary part of his autonomy. I refer to Hegel's Philosophy of Right to argue that the autonomous self is in fact a committed self. According to Hegel, freedom is only possible when the agent inhabits roles within a family, civil society, and the greater community of the state. These roles make up the agent's practical identity, or the set of commitments and characteristics around which he orients his actions. (...)
     
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  16.  10
    STEFANO BERTEA, Law and Practical Reason – The Normative Claim of Law.Marin Keršić - 2012 - Archiv für Rechts- und Sozialphilosophie 98 (2):295-298.
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  17.  61
    The normative functions of coercion claims.Mitchell N. Berman - 2002 - Legal Theory 8 (1):45-89.
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  18.  31
    Reasons of Identity: A Normative Guide to the Political and Legal Assessment of Identity Claims.Avigail Eisenberg - 2009 - Oxford University Press.
    This book examines several key approaches used by courts and legislatures to assess the claims made by minorities for protection of some aspect of their identities such as a cultural or religious practice.
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  19. Brains, trains, and ethical claims: Reassessing the normative implications of moral dilemma research.Michael T. Dale & Bertram Gawronski - 2023 - Philosophical Psychology 36 (1):109-133.
    Joshua Greene has argued that the empirical findings of cognitive science have implications for ethics. In particular, he has argued (1) that people’s deontological judgments in response to trolley problems are strongly influenced by at least one morally irrelevant factor, personal force, and are therefore at least somewhat unreliable, and (2) that we ought to trust our consequentialist judgments more than our deontological judgments when making decisions about unfamiliar moral problems. While many cognitive scientists have rejected Greene’s dual-process theory of (...)
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  20. The Normative and the Natural.Michael Padraic Wolf & Jeremy Randel Koons - 2016 - New York: Palgrave.
    Drawing on a rich pragmatist tradition, this book offers an account of the different kinds of ‘oughts’, or varieties of normativity, that we are subject to contends that there is no conflict between normativity and the world as science describes it. The authors argue that normative claims aim to evaluate, to urge us to do or not do something, and to tell us how a state of affairs ought to be. These claims articulate forms of action-guidance that are different (...)
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  21.  55
    Norms and Necessity.Amie L. Thomasson - 2020 - New York, NY, United States of America: Oup Usa.
    Philosophical theories often hinge on claims about what is necessary or possible. But what are possibilities and necessities, and how could we come to know about them? This book aims to help demystify the methodology of philosophy, by treating such claims not as attempted descriptions of strange facts or distant 'possible worlds', but rather as ways of expressing rules or norms.
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  22.  43
    Unearthing grounded normative theory: practices and commitments of empirical research in political theory.Brooke Ackerly, Luis Cabrera, Fonna Forman, Genevieve Fuji Johnson, Chris Tenove & Antje Wiener - 2021 - Critical Review of International Social and Political Philosophy 27 (2):156-182.
    Many normative political theorists have engaged in the systematic collection and/or analysis of empirical data to inform the development of their arguments over the past several decades. Yet, the approach they employ has typically not been treated as a distinctive mode of theorizing. It has been mostly overlooked in surveys of normative political theory methods and methodologies, as well as by those critics who assert that political theory is too abstracted from actual political contestation. Our aim is to (...)
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  23.  56
    Normativity and moral psychology : the social intuitionist model and a world without normative moral rules?Radosław Zyzik - 2011 - In Jerzy Stelmach & Bartosz Brożek (eds.), The normativity of law. Kraków: Copernicus Center Press.
    The paper pores over the recent conceptions of normative judgement developed against the background of advances in psychology and neuroscience. It begins by analyzing what normative claim of morality and law consists of before presenting and criticizing the Social Intuitionist Model of normative judgement developed by Jonathan Haidt. The model poses serious challenges for well-established normative concepts, and the concept of normativity as objective reason for action in particular. A question is asked of what the (...)
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  24.  31
    Pluralism of Norms and Values: on the Claim and Reception of the Universal.Jacob Klapwijk - 1994 - Philosophia Reformata 59 (2):158-192.
    By way of introduction I want first to distinguish between several types of pluralism; then I want to consider more closely the pluralism of norms and values in order to formulate, finally, the problem that is central to this essay, the problem of particular versus universal norms.
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  25. Normative force and normative freedom: Hume and Kant, but not Hume versus Kant.Peter Railton - 1999 - Ratio 12 (4):320–353.
    Our notion of normativity appears to combine, in a way difficult to understand but seemingly familiar from experience, elements of force and freedom. On the one hand, a normative claim is thought to have a kind of compelling authority; on the other hand, if our respecting it is to be an appropriate species of respect, it must not be coerced, automatic, or trivially guaranteed by definition. Both Hume and Kant, I argue, looked to aesthetic experience as a convincing (...)
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  26.  10
    Truth and Normativity: An Inquiry Into the Basis of Everyday Moral Claims.Iain Brassington - 2007 - Routledge.
    By posing the question of what it is that marks the difference between something like terrorism and something like civil society, Brassington argues that commonsense moral arguments against terrorism or political violence imply that the modern democratic polis might also be morally unjustifiable. In exploring this problem, Brassington identifies a tension between the primary values of truth and normativity in the standard accounts of moral theory.
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  27. Epistemic Norms and Natural Facts.C. S. Jenkins - 2007 - American Philosophical Quarterly 44 (3):259 - 272.
    in American Philosophical Quarterly 44 (3), July 2007, pp. 259-72. Argues that epistemically normative claims are made true by the same facts as, but do not mean the same as, certain natural-sounding claims.
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  28.  31
    Consequentialism, broadly speaking, claims that the moral factor of promoting thegoodistheonly moral factor–the right action is that which will bring about the best overall results, and, we are morally obligated to carry out actions of this sort. 1 The major objections to this moral theory center on two different issues: that it permits too much, and that it demands too much. Speaking for consequentialism's deontological critic in his Normative Ethics, Shelly Kagan2.Tanya R. Ward - forthcoming - Philosophical Frontiers: Essays and Emerging Thoughts.
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  29. Normativity in the Philosophy of Science.Marie I. Kaiser - 2019 - Metaphilosophy 50 (1-2):36-62.
    This paper analyzes what it means for philosophy of science to be normative. It argues that normativity is a multifaceted phenomenon rather than a general feature that a philosophical theory either has or lacks. It analyzes the normativity of philosophy of science by articulating three ways in which a philosophical theory can be normative. Methodological normativity arises from normative assumptions that philosophers make when they select, interpret, evaluate, and mutually adjust relevant empirical information, on which they base (...)
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  30. Epistemic Normativity is Independent of our Goals.Alex Worsnip - 2024 - In Blake Roeber, Ernest Sosa, Matthias Steup & John Turri (eds.), Contemporary Debates in Epistemology, 3rd edition. Wiley-Blackwell.
    In epistemology and in ordinary life, we make many normative claims about beliefs. As with all normative claims, philosophical questions arise about what – if anything – underwrites these kinds of normative claims. On one view, epistemic instrumentalism, facts about what we (epistemically) ought to believe, or about what is an (epistemic, normative) reason to believe what, obtain at least partly in virtue of our goals (or aims, ends, intentions, desires, etc.). The converse view, anti-instrumentalism, denies (...)
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  31.  24
    The Normative Limits of Consumer Citizenship.Angela Kallhoff - 2016 - Journal of Agricultural and Environmental Ethics 29 (1):23-34.
    In political philosophy, citizenship is a key concept. Citizenship is tied to rights and duties, as well as to concepts of social justice. Recently, the debate on citizenship has developed a new direction in focusing on qualified notions of citizenship. In this contribution, I shall defend three claims. Firstly, consumer citizenship fits into the discussion of qualified notions of citizenship. Secondly, the debate on qualified notions of citizenship cannot be detached from the normative claims in the philosophy of citizenship (...)
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  32. The Normative Significance of Forgiveness.Brandon Warmke - 2016 - Australasian Journal of Philosophy 94 (4):687-703.
    ABSTRACTP.F. Strawson claimed that forgiveness is such an essential part of our moral practices that we could not extricate it from our form of life even if we so desired. But what is it about forgiveness that would make it such a central feature of our moral experience? In this paper, I suggest that the answer has to do with what I will call the normative significance of forgiveness. Forgiveness is normatively significant in the sense that, in its paradigmatic (...)
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  33. Morality, normativity, and society.David Copp - 1995 - New York: Oxford University Press.
    Moral claims not only purport to be true, they also purport to guide our choices. This book presents a new theory of normative judgment, the "standard-based theory," which offers a schematic account of the truth conditions of normative propositions of all kinds, including moral propositions and propositions about reasons. The heart of Copp 's approach to moral propositions is a theory of the circumstances under which corresponding moral standards qualify as justified, the " society -centered theory." He argues (...)
  34. Normative Formal Epistemology as Modelling.Joe Roussos - forthcoming - The British Journal for the Philosophy of Science.
    I argue that normative formal epistemology (NFE) is best understood as modelling, in the sense that this is the reconstruction of its methodology on which NFE is doing best. I focus on Bayesianism and show that it has the characteristics of modelling. But modelling is a scientific enterprise, while NFE is normative. I thus develop an account of normative models on which they are idealised representations put to normative purposes. Normative assumptions, such as the transitivity (...)
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  35. Normative Appeals to the Natural.Pekka Väyrynen - 2009 - Philosophy and Phenomenological Research 79 (2):279 - 314.
    Surprisingly, many ethical realists and anti-realists, naturalists and not, all accept some version of the following normative appeal to the natural (NAN): evaluative and normative facts hold solely in virtue of natural facts, where their naturalness is part of what fits them for the job. This paper argues not that NAN is false but that NAN has no adequate non-parochial justification (a justification that relies only on premises which can be accepted by more or less everyone who accepts (...)
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  36.  69
    The Sources of Political Normativity: the Case for Instrumental and Epistemic Normativity in Political Realism.Carlo Burelli & Chiara Destri - 2021 - Ethical Theory and Moral Practice 25 (3):397-413.
    This article argues that political realists have at least two strategies to provide distinctively political normative judgements that have nothing to do with morality. The first ground is instrumental normativity, which states that if we believe that something is a necessary means to a goal we have, we have a reason to do it. In politics, certain means are required by any ends we may intend to pursue. The second ground is epistemic normativity, stating that if something is true, (...)
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  37.  37
    The Normative Implications of Recent Empirical Neuroethics Research on Moral Intuitions.Veljko Dubljević - 2021 - Neuroethics 14 (3):449-457.
    Empirical neuroethics models have always had normative ambitions. Older models attempted to debunk traditional moral theories, whereas newer models attempt to fit their empirical and normative claims with them. The issue of normative significance as it pertains to the use of social science methodology on moral intuitions remains open. This paper analyzes the Is/Ought gap and the empirical underpinnings of influential constructivist approaches in order to argue that the normative ambitions of empirical neuroethics models are not (...)
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  38. Normative Commitments in Metanormative Theory.Pekka Väyrynen - 2018 - In Jussi Suikkanen & Antti Kauppinen (eds.), Methodology and Moral Philosophy. New York: Routledge. pp. 193-213.
    First-order normative theories concerning what’s right and wrong, good and bad, etc. and metanormative theories concerning the nature of first-order normative thought and talk are widely regarded as independent theoretical enterprises. This paper argues that several debates in metanormative theory involve views that have first-order normative implications, even as the implications in question may not be immediately recognizable as normative. I first make my claim more precise by outlining a general recipe for generating this result. (...)
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  39.  74
    Hohfeldian Normative Systems.Pierfrancesco Biasetti - 2015 - Philosophia 43 (4):951-959.
    Hohfeldian normative system are normative systems that can be described by means of the analytical framework expounded by Hohfeld in his two famous papers on the fundamental legal conceptions. In this article I analyze some features of this particular kind of normative systems. Hohfeld’s original idea was to design a universal tool capable of describing, at the most basic level, the web of normative relationships between persons created by a system of rules. My claim is, (...)
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  40. The Normative Ground of the Evidential Ought.Anne Meylan - 2020 - In Scott Stapleford & Kevin McCain (eds.), Epistemic Duties: New Arguments, New Angles. New York: Routledge.
    Many philosophers have defended the view that we are subject to the following evidential ought: “One ought to believe in accordance with one's evidence.” Although they agree on this, a more fundamental question keeps dividing them: from where does the evidential ought derive its normative force? The instrinsicalist answer to this question is sometimes described as the claim that "there is a brute epistemic value in believing in accordance with one's evidence" (Cowie, 2014, 4005). But what does this (...)
     
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  41. Normative Principles are Synthetic A Priori.Paul Boghossian - 2021 - Episteme 18 (3):367-383.
    I argue for the claim that there are instances of a priori justified belief – in particular, justified belief in moral principles – that are not analytic, i.e., that cannot be explained solely by the understanding we have of their propositions. §1–2 provides the background necessary for understanding this claim: in particular, it distinguishes between two ways a proposition can be analytic, Basis and Constitutive, and provides the general form of a moral principle. §§3–5 consider whether Hume's Law, (...)
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  42.  83
    Knowledge Norms and Assessing Them Well.Dustin Locke - 2014 - Thought: A Journal of Philosophy 3 (1):80-89.
    Jonathan Ichikawa (2012) argues that the standard counterexamples to the knowledge norm of practical reasoning are no such thing. More precisely, he argues that those alleged counterexamples rest on claims about which actions are appropriate rather than on claims about which propositions can be appropriately treated as reasons for action. Since the knowledge norm of practical reasoning concerns the latter and not the former, Ichikawa contends that proponents of the alleged counterexamples must offer a theory that bridges the gap between (...)
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  43.  57
    The End of Progress: Decolonizing the Normative Foundations of Critical Theory.Amy Allen - 2016 - New York: Cambridge University Press.
    While post- and decolonial theorists have thoroughly debunked the idea of historical progress as a Eurocentric, imperialist, and neocolonialist fallacy, many of the most prominent contemporary thinkers associated with the Frankfurt School--Jürgen Habermas, Axel Honneth, and Rainer Forst--have persistently defended ideas of progress, development, and modernity and have even made such ideas central to their normative claims. Can the Frankfurt School's goal of radical social change survive this critique? And what would a decolonized critical theory look like? Amy Allen (...)
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  44. Rivalry, normativity, and the collapse of logical pluralism.Erik Stei - 2020 - Inquiry: An Interdisciplinary Journal of Philosophy 63 (3-4):411-432.
    Logical pluralism is the view that there is more than one correct logic. This very general characterization gives rise to a whole family of positions. I argue that not all of them are stable. The main argument in the paper is inspired by considerations known as the “collapse problem”, and it aims at the most popular form of logical pluralism advocated by JC Beall and Greg Restall. I argue that there is a more general argument available that challenges all variants (...)
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  45. The Normative Force of Promising.Jack Woods - 2016 - Oxford Studies in Normative Ethics 6:77-101.
    Why do promises give rise to reasons? I consider a quadruple of possibilities which I think will not work, then sketch the explanation of the normativity of promising I find more plausible—that it is constitutive of the practice of promising that promise-breaking implies liability for blame and that we take liability for blame to be a bad thing. This effects a reduction of the normativity of promising to conventionalism about liability together with instrumental normativity and desire-based reasons. This is important (...)
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  46. Norms of Assertion: Truth, Lies, and Warrant.Rachel McKinnon - 2015 - Palgrave-Macmillan.
    This book is about the norms of the speech act of assertion. This is a topic of lively contemporary debate primarily carried out in epistemology and philosophy of language. Suppose that you ask me what time an upcoming meeting starts, and I say, “4 p.m.” I’ve just asserted that the meeting starts at 4 p.m. Whenever we make claims like this, we’re asserting. The central question here is whether we need to know what we say, and, relatedly, whether what we (...)
     
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  47. Defining Normativity.Stephen Finlay - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press. pp. 62-104.
    This paper investigates whether different philosophers’ claims about “normativity” are about the same subject or (as recently argued by Derek Parfit) theorists who appear to disagree are really using the term with different meanings, in order to cast disambiguating light on the debates over at least the nature, existence, extension, and analyzability of normativity. While I suggest the term may be multiply ambiguous, I also find reasons for optimism about a common subject-matter for metanormative theory. This is supported partly by (...)
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  48. Normative and natural laws.Stephen Mumford - 2000 - Philosophy 75 (2):265-282.
    A theory of laws is developed that takes from E. J. Lowe the claim of natural laws being consistent with certain classes of exceptions. Neither abnormal cases, such as albino ravens, nor miracles falsify covering laws. This suggests that law statements cannot have the form of a universally quantified conditional. Lowe takes it that this is best explained by natural laws having normative force in the same way as moral laws and laws of the land. I argue that (...)
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  49.  98
    Normative naturalism and normative nihilism: Parfit's dilemma for naturalism.David Copp - 2017 - In Simon Kirchin (ed.), Reading Parfit: On What Matters. New York: Routledge.
    The fundamental issue dividing normative naturalists and non-naturalists concerns the nature of normativity. Non-naturalists hold that the normativity of moral properties and facts sets them apart from natural properties and facts in an important and deep way. As Derek Parfit explains matters, the normative naturalist distinguishes between normative concepts and the natural properties to which these concepts refer and also between normative propositions and the natural facts in virtue of which such propositions are true when they (...)
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  50.  21
    Language, Normativity and Emotion.Fabrice Pataut - unknown
    Emotions are part of our culture ; particular emotions like resentment andguilt are part of specific cultural heritages. On the other hand, moral judgementsand imperatives have the appearance of objectivity. There lies - or so it seems -a conflict, even a contradiction. Statements like "Slavery is unjust" may beasserted, agreements may be reached concerning what they claim or express,and they may occur as antecedents in conditionals such as "If slavery is unjust,then it must be abolished". When it is claimed (...)
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