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Jeffrey Brand-Ballard [12]Jeffrey Charles Brand-Ballard [1]
  1.  64
    Contractualism and Deontic Restrictions.Jeffrey Brand-Ballard - 2004 - Ethics 114 (2):269-300.
    In response to the charge that deontic ("argent-centered") restrictions are paradoxical, several recent writers suggest that such restrictions find support within T.M. Scanlon's contractualism. I suggest that this claim is only interesting if these restrictions are stronger than those supported by indirect consequentialism. I argue that contractualism cannot support restrictions any stronger than those supported by indirect consequentialism. The contractualists have mislocated the source of the paradox, which arises under any theory that defines right action in patient-focused terms. Consequentialism and (...)
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  2.  37
    Limits of Legality: The Ethics of Lawless Judging.Jeffrey Brand-Ballard (ed.) - 2010 - Oxford University Press.
    Introduction -- Practical reasons and judicial use of force -- Deviating from legal standards -- The legal duties of judges -- The normative classification of legal results -- Reasons to deviate -- Adherence rules -- Obeying adherence rules -- The judicial oath -- Legal duty and political obligation -- Systemic effects -- Agent-relative principles -- Optimal adherence rules -- Guidance rules -- Treating like cases alike -- Implementation -- Theoretical implications -- Conclusion.
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  3. Consistency, Common Morality, and Reflective Equilibrium.Jeffrey Brand-Ballard - 2003 - Kennedy Institute of Ethics Journal 13 (3):231-258.
    : Biomedical ethicists often assume that common morality constitutes a largely consistent normative system. This premise is not taken for granted in general normative ethics. This paper entertains the possibility of inconsistency within common morality and explores methodological implications. Assuming common morality to be inconsistent casts new light on the debate between principlists and descriptivists. One can view the two approaches as complementary attempts to evade or transcend that inconsistency. If common morality proves to be inconsistent, then principlists might have (...)
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  4.  9
    Biomedical Ethics.David DeGrazia & Jeffrey Brand-Ballard (eds.) - 2010 - Mcgraw-Hill Higher Education.
    This best-selling anthology of readings with case studies provides insightful and comprehensive treatment of ethical issues in medicine. Appropriate for courses taught in philosophy departments, bioethics programs, as well as schools of medicine and nursing, the collection covers such provocative topics as biomedical enhancement, clinical trials in developing countries, animal research, physician-assisted suicide, and health care reform. The text's effective pedagogical features include chapter introductions, argument sketches, explanations of medical terms, headnotes, and annotated bibliographies.
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  5. Why One Basic Principle?Jeffrey Brand-Ballard - 2007 - Utilitas 19 (2):220-242.
    Principle monists believe that our moral duties, such as fidelity and non-maleficence, can be justified in terms of one basic moral principle. Principle pluralists disagree, some suggesting that only an excessive taste for simplicity or a desire to mimic natural science could lead one to endorse monism. In Ideal Code, Real World (Oxford, 2000), Brad Hooker defends a monist theory, employing the method of reflective equilibrium to unify the moral duties under a version of rule consequentialism. Hooker's arguments have drawn (...)
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  6.  20
    Innocents Lost: Proportional Sentencing and the Paradox of Collateral Damage: Jeffrey Brand-Ballard.Jeffrey Brand-Ballard - 2009 - Legal Theory 15 (2):67-105.
    Retributive restrictions are principles of justice according to which what a criminal deserves on account of his individual conduct and character restricts how states are morally permitted to treat him. The main arguments offered in defense of retributive restrictions involve thought experiments in which the state punishes the innocent, a practice known as telishment. In order to derive retributive restrictions from the wrongness of telishment, one must engage in moral argument from generalization. I show how generalization arguments of the same (...)
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  7. Ronald C. Den Otter, Judicial Review in an Age of Moral Pluralism.Jeffrey Brand-Ballard - 2010 - Ethics 121 (1):198.
     
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  8.  17
    Den Otter, Ronald C. Judicial Review in an Age of Moral Pluralism. New York: Cambridge University Press. 2009. Pp. X+346. $94.99. [REVIEW]Jeffrey Brand-Ballard - 2010 - Ethics 121 (1):198-204.
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  9.  25
    Review of F.M. Kamm, Intricate Ethics: Rights, Responsibilities, and Permissible Harm[REVIEW]Jeffrey Brand-Ballard - 2007 - Notre Dame Philosophical Reviews 2007 (5).
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  10. Lexisnexis™ Academic.Jeffrey Brand-Ballard - manuscript
    Legal theorists in this century have often perceived a need for a theory capable of occupying a stable middle ground between natural law theory and nineteenth-century legal positivism. The prolific German-American legal philosopher, Hans Kelsen, was perhaps not the first to feel the need for such a theory, but he was certainly among the first to attempt to construct one. n1 Although Kelsen's own efforts failed, in many ways they defined the ambitions of twentieth-century legal theory and inspired others to (...)
     
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  11.  11
    Review of W.J. Waluchow, A Common Law Theory of Judicial Review: The Living Tree[REVIEW]Jeffrey Brand-Ballard - 2008 - Notre Dame Philosophical Reviews 2008 (11).
  12.  18
    Review of Garrett Cullity, The Moral Demands of Affluence[REVIEW]Jeffrey Brand-Ballard - 2005 - Notre Dame Philosophical Reviews 2005 (6).
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