10 found
  1. Left‐Libertarianism: A Review Essay.Barbara H. Fried - 2004 - Philosophy and Public Affairs 32 (1):66-92.
  2. Can Contractualism Save Us from Aggregation.Barbara H. Fried - 2012 - The Journal of Ethics 16 (1):39-66.
    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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  3. What Does Matter? The Case for Killing the Trolley Problem.Barbara H. Fried - 2012 - Philosophical Quarterly 62 (248):505-529.
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  4. Left‐Libertarianism, Once More: A Rejoinder to Vallentyne, Steiner, and Otsuka.Barbara H. Fried - 2005 - Philosophy and Public Affairs 33 (2):216-222.
  5.  46
    The limits of a nonconsequentialist approach to torts.Barbara H. Fried - 2012 - Legal Theory 18 (3):231-262.
    The nonconsequentialist revival in tort theory has focused almost exclusively on one issue: showing that the rules governing compensation for acts reflect corrective justice rather than welfarist norms. The literature either is silent on what makes an act wrongful in the first place or suggests criteria that seem indistinguishable from some version of cost/benefit analysis. As a result, cost/benefit analysis is currently the only game in town for determining appropriate standards of conduct for socially useful but risky acts. This is (...)
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    The Unwritten Theory of Justice.Barbara H. Fried - 2013 - In Jon Mandle & David A. Reidy (eds.), A Companion to Rawls. Hoboken: Wiley-Blackwell. pp. 430–449.
    Rawls's theory of justice has had two parallel lives in political theory. The first is framed as an alternative to utilitarianism, and in particular utilitarianism's failure to take seriously the separateness of persons and each individual's right to pursue his or her own projects in life. The second is framed as an alternative to libertarianism, and in particular libertarianism's failure to take seriously our moral obligations to the well‐being of our fellow citizens. This chapter explores where and why Rawls's “justice (...)
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  7.  91
    Begging the question with style: Anarchy, state, and utopia at thirty years.Barbara H. Fried - 2005 - Social Philosophy and Policy 22 (1):221-254.
    At 30 years' distance, it is safe to say that Nozick's Anarchy, State and Utopia has achieved the status of a classic. It is not only the central text for all contemporary academic discussions of libertarianism; with Rawls's A Theory of Justice, it arguably frames the landscape of academic political philosophy in second half of 20th century. Many factors, obviously account for the prominence of the book. This paper considers one: the book's use of rhetoric to charm and disarm its (...)
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    “If You Don't Like It, Leave It”: The Problem of Exit in Social Contractarian Arguments.Barbara H. Fried - 2003 - Philosophy and Public Affairs 31 (1):40-70.
  9.  80
    Moral heuristics and the means/end distinction.Barbara H. Fried - 2005 - Behavioral and Brain Sciences 28 (4):549-550.
    A mental heuristic is a shortcut (means) to a desired end. In the moral (as opposed to factual) realm, the means/end distinction is not self-evident: How do we decide whether a given moral intuition is a mere heuristic to achieve some freestanding moral principle, or instead a freestanding moral principle in its own right? I discuss Sunstein's solution to that threshold difficulty in translating “heuristics” to the moral realm.
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    Proportionate taxation as a fair division of the social surplus: The strange career of an idea.Barbara H. Fried - 2003 - Economics and Philosophy 19 (2):211-239.
    The article considers a surprisingly resilient argument, going back to Adam Smith, for the fairness of proportionate taxation: that proportionate taxation represents the fair way to divide the surplus value produced by social cooperation among all of society's members. The article considers two recent variants on that argument, one by Richard Epstein in Takings and one by David Gauthier in Morals by Agreement. It concludes that the normative and empirical assumptions that underlie these, and all other variants, of the argument (...)
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