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  1. Artificial Agency, Consciousness, and the Criteria for Moral Agency: What Properties Must an Artificial Agent Have to Be a Moral Agent? [REVIEW]Kenneth Einar Himma - 2009 - Ethics and Information Technology 11 (1):19-29.
    In this essay, I describe and explain the standard accounts of agency, natural agency, artificial agency, and moral agency, as well as articulate what are widely taken to be the criteria for moral agency, supporting the contention that this is the standard account with citations from such widely used and respected professional resources as the Stanford Encyclopedia of Philosophy, Routledge Encyclopedia of Philosophy, and the Internet Encyclopedia of Philosophy. I then flesh out the implications of some of these well-settled theories (...)
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  2. Law as an Artifact.Luka Burazin, Kenneth Einar Himma & Corrado Roversi (eds.) - 2018 - Oxford University Press.
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  3.  20
    The Authorisation of Coercive Enforcement Mechanisms as a Conceptually Necessary Feature of Law.Kenneth Einar Himma - 2016 - Jurisprudence 7 (3):593-626.
    One of the most conspicuous features of law, as it works in the world of our experience, is that legal norms are characteristically backed by coercive enforcement mechanisms. Nevertheless, many legal philosophers specializing in conceptual jurisprudence believe that coercion is not a conceptually necessary feature of law. In this essay, I argue that the authorization of coercive enforcement mechanisms is a conceptually necessary feature of law. I ground the argument in the Hartian claim that the sense of ‘law’ requiring explication (...)
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  4.  2
    Coercion and the Nature of Law.Kenneth Einar Himma - 2020 - Oxford University Press.
    This book makes a systematic defence of the Coercion Thesis in law, arguing that coercion or enforcement mechanisms are not only a necessary feature of legal systems, but a conceptually necessary feature of legal systems.
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  5.  45
    Just 'Cause You're Smarter Than Me Doesn't Give You a Right to Tell Me What to Do: Legitimate Authority and the Normal Justification Thesis.Kenneth Einar Himma - 2007 - Oxford Journal of Legal Studies 27 (1):121-150.
    Joseph Raz's famous theory of authority is grounded in three claims about the nature and justification of authority. According to the Preemption Thesis, authoritative directives purport to replace the subject's judgments about what she should do. According to the Dependence Thesis, authoritative directives should be based on reasons that actually apply to the subjects of the directive. According to the Normal Justification Thesis (NJT), authority is justified to the extent that subjects are more likely to comply with right reason by (...)
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  6.  63
    There’s Something About Mary: The Moral Value of Things Qua Information Objects. [REVIEW]Kenneth Einar Himma - 2004 - Ethics and Information Technology 6 (3):145-159.
    . Luciano Floridi argues that every existing entity is deserving of at least minimal moral respect in virtue of having intrinsic value qua information object. In this essay, I attempt a comprehensive assessment of this important view as well as the arguments Floridi offers in support of it. I conclude both that the arguments are insufficient and that the thesis itself is substantively implausible from the standpoint of ordinary intuitions.
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  7. Law's Claim of Legitimate Authority.Kenneth Einar Himma - 2001 - In Jules L. Coleman (ed.), Hart's Postscript: Essays on the Postscript to `the Concept of Law'. Oxford University Press.
  8.  71
    On the Definition of Unconscionable Racial and Sexual Slurs.Kenneth Einar Himma - 2002 - Journal of Social Philosophy 33 (3):512–522.
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  9.  74
    The Concept of Information Overload: A Preliminary Step in Understanding the Nature of a Harmful Information-Related Condition. [REVIEW]Kenneth Einar Himma - 2007 - Ethics and Information Technology 9 (4):259-272.
    The amount of content, both on and offline, to which people in reasonably affluent nations have access has increased to the point that it has raised concerns that we are now suffering from a harmful condition of ‹information overload.’ Although the phrase is being used more frequently, the concept is not yet well understood – beyond expressing the rather basic idea of having access to more information than is good for us. This essay attempts to provide a philosophical explication of (...)
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  10.  34
    The Ties That Bind: An Analysis of the Concept of Obligation.Kenneth Einar Himma - 2013 - Ratio Juris 26 (1):16-46.
    Legal positivism lacks a comprehensive theory of legal obligation. Hart's account of legal obligation, if successful, would explain only how the rule of recognition obligates officials. There is nothing in Hart's account of social obligation and social norms that would explain how the legal norms that govern citizen behavior give rise to legal obligations. However, we cannot give a theoretical explanation of the concept of legal obligation without a theoretical explanation of the concept of obligation. If legal, social and moral (...)
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  11. Privacy Vs. Security: Why Privacy is Not an Absolute Value or Right.Kenneth Einar Himma - manuscript
    In this essay, I consider the relationship between the rights to privacy and security and argue that, in a sense to be made somewhat more precise below, that threats to the right to security outweighs comparable threats to privacy. My argument begins with an assessment of ordinary case judgments and an explanation of the important moral distinction between intrinsic value (i.e., value as an end) and instrumental value (i.e., value as a means), arguing that each approach assigns more moral value, (...)
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  12.  72
    Conceptual Jurisprudence. An Introduction to Conceptual Analysis and Methodology in Legal Theory.Kenneth Einar Himma - 2015 - Revus 26.
    This essay attempts to provide an accessible introduction to the topic area of conceptual analysis of legal concepts and its methodology. I attempt to explain, at a fairly foundational level, what conceptual analysis is, how it is done and why it is important in theorizing about the law. I also attempt to explain how conceptual analysis is related to other areas in philosophy, such as metaphysics and epistemology. Next, I explain the enterprise of conceptual jurisprudence, as concerned to provide an (...)
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  13.  14
    A Preliminary Step in Understanding the Nature of a Harmful Information-Related Condition: An Analysis of the Concept of Information Overload.Kenneth Einar Himma - 2007 - Ethics and Information Technology 9 (4):259-272.
    The amount of content, both on and offline, to which people in reasonably affluent nations have access has increased to the point that it has raised concerns that we are now suffering from a harmful condition of ‹information overload.’ Although the phrase is being used more frequently, the concept is not yet well understood – beyond expressing the rather basic idea of having access to more information than is good for us. This essay attempts to provide a philosophical explication of (...)
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  14.  43
    The Rule of Recognition and the U.S. Constitution.Matthew D. Adler & Kenneth Einar Himma - unknown
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  15.  18
    The Application-Conditions for Design Inferences: Why the Design Arguments Need the Help of Other Arguments for God’s Existence.Kenneth Einar Himma - 2005 - International Journal for Philosophy of Religion 57 (1):1-33.
  16.  49
    The Relationship Between the Uniqueness of Computer Ethics and its Independence as a Discipline in Applied Ethics.Kenneth Einar Himma - 2003 - Ethics and Information Technology 5 (4):225-237.
    A number of different uniquenessclaims have been made about computer ethics inorder to justify characterizing it as adistinct subdiscipline of applied ethics. Iconsider several different interpretations ofthese claims and argue, first, that none areplausible and, second, that none provideadequate justification for characterizingcomputer ethics as a distinct subdiscipline ofapplied ethics. Even so, I argue that computerethics shares certain important characteristicswith medical ethics that justifies treatingboth as separate subdisciplines of appliedethics.
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  17.  41
    The Ethics of Subjecting a Child to the Risk of Eternal Torment.Kenneth Einar Himma - 2016 - Faith and Philosophy 33 (1):94-108.
    In “Birth as a Grave Misfortune,” I argue that it is morally wrong, given ordinary moral intuitions about child-bearing decisions together with the traditional Christian doctrines of hell and salvific exclusivism, to bring a child into the world when the probability that she will spend an eternal afterlife suffering the torments of hell is as high as it would be if these two doctrines are true. In a paper published by this journal, Shawn Bawulski responds to my arguments, offering a (...)
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  18.  54
    The Application-Conditions for Design Inferences: Why the Design Arguments Need the Help of Other Arguments for God’s Existence. [REVIEW]Kenneth Einar Himma - 2005 - International Journal for Philosophy of Religion 57 (1):1 - 33.
  19.  2
    Authority.Kenneth Einar Himma - 2018 - In Colin Aitken, Amalia Amaya, Kevin D. Ashley, Carla Bagnoli, Giorgio Bongiovanni, Bartosz Brożek, Cristiano Castelfranchi, Samuele Chilovi, Marcello Di Bello, Jaap Hage, Kenneth Einar Himma, Lewis A. Kornhauser, Emiliano Lorini, Fabrizio Macagno, Andrei Marmor, J. J. Moreso, Veronica Rodriguez-Blanco, Antonino Rotolo, Giovanni Sartor, Burkhard Schafer, Chiara Valentini, Bart Verheij, Douglas Walton & Wojciech Załuski (eds.), Handbook of Legal Reasoning and Argumentation. Springer Verlag. pp. 191-217.
    Authority is defined by the capacity to provide new reasons that apply to its subjects. There are two types of authority that differ from each other with respect to the kind of reasons their directives or opinions create. Authorityepistemic authority is distinguished from Authoritypractical authority in that the former is the source of reasons to believe and the latter is the source of reasons for action. Both kinds of authority are of considerable philosophical importance. This entry, however, is concerned with (...)
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  20.  74
    Thomson's Violinist and Conjoined Twins.Kenneth Einar Himma - 1999 - Cambridge Quarterly of Healthcare Ethics 8 (4):428-435.
    It is commonly taken for granted that abortion is necessarily impermissible if the fetus is a person with a right to life. In her influential essay Judith Jarvis Thomson offers what I will call the violinist example to show that merely having a right to life does not in and of itself give rise in the fetus to a right to use the mother's body. On Thomson's view, if the fetus has a right to use the mother's body that precludes (...)
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  21.  23
    Finding a High Road: The Moral Case for Salvific Pluralism. [REVIEW]Kenneth Einar Himma - 2002 - International Journal for Philosophy of Religion 52 (1):1-33.
  22.  79
    Moral Biocentrism and the Adaptive Value of Consciousness.Kenneth Einar Himma - 2004 - Southern Journal of Philosophy 42 (1):25-44.
  23.  81
    Explaining Why This Body Gives Rise to Me Qua Subject Instead of Someone Else : An Argument for Classical Substance Dualism.Kenneth Einar Himma - 2011 - Religious Studies 47 (4):431 - 448.
    Since something cannot be conscious without being a conscious subject, a complete physicalist explanation of consciousness must resolve an issue first raised by Thomas Nagel, namely to explain why a particular mass of atoms that comprises my body gives rise to me as conscious subject, rather than someone else.In this essay, I describe a thought-experiment that suggests that physicalism lacks the resources to address Nagel's question and seems to pose a counter-example to any form of non-reductive physicalism relying on the (...)
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  24.  4
    Moral Biocentrism and the Adaptive Value of Consciousness.Kenneth Einar Himma - 2004 - Southern Journal of Philosophy 42 (1):25-44.
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  25.  57
    Explaining Why This Body Gives Rise to Me Qua Subject Instead of Someone Else: An Argument for Classical Substance Dualism: Kenneth Einar Himma.Kenneth Einar Himma - 2011 - Religious Studies 47 (4):431-448.
    Since something cannot be conscious without being a conscious subject, a complete physicalist explanation of consciousness must resolve an issue first raised by Thomas Nagel, namely to explain why a particular mass of atoms that comprises my body gives rise to me as conscious subject, rather than someone else. In this essay, I describe a thought-experiment that suggests that physicalism lacks the resources to address Nagel's question and seems to pose a counter-example to any form of non-reductive physicalism relying on (...)
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  26. Plantinga's Version of the Free-Will Argument: The Good and Evil That Free Beings Do.Kenneth Einar Himma - 2010 - Religious Studies 46 (1):21-39.
    According to Plantinga's version of the free-will argument (FWA), the existence of free beings in the world who, on the whole, do more good than evil is the greater moral good that cannot be secured by even an omnipotent God without allowing some evil and thereby shows the logical compatibility of God with evil. In this essay, I argue that there are good empirical and moral reasons, from the standpoint of one plausible conception of Christian ethics, to doubt that Plantinga's (...)
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  27.  20
    Handbook of Legal Reasoning and Argumentation.Colin Aitken, Amalia Amaya, Kevin D. Ashley, Carla Bagnoli, Giorgio Bongiovanni, Bartosz Brożek, Cristiano Castelfranchi, Samuele Chilovi, Marcello Di Bello, Jaap Hage, Kenneth Einar Himma, Lewis A. Kornhauser, Emiliano Lorini, Fabrizio Macagno, Andrei Marmor, J. J. Moreso, Veronica Rodriguez-Blanco, Antonino Rotolo, Giovanni Sartor, Burkhard Schafer, Chiara Valentini, Bart Verheij, Douglas Walton & Wojciech Załuski (eds.) - 2011 - Dordrecht, Netherland: Springer Verlag.
    This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...)
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  28. The Free-Will Defence: Evil and the Moral Value of Free Will.Kenneth Einar Himma - 2009 - Religious Studies 45 (4):395-415.
    One version of the free-will argument relies on the claim that, other things being equal, a world in which free beings exist is morally preferable to a world in which free beings do not exist (the 'value thesis'). I argue that this version of the free-will argument cannot support a theodicy that should alleviate the doubts about God's existence to which the problems of evil give rise. In particular, I argue that the value thesis has no foundation in common intuitions (...)
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  29.  25
    A Critique of UNOS Liver Allocation Policy.Kenneth Einar Himma - 1999 - Cambridge Quarterly of Healthcare Ethics 8 (3):311-320.
    The United Network for Organ Sharing recently changed the policy by which donor livers are allocated to liver failure patients in the United States. Formerly, all liver failure patients were characterized as status 1 and placed at the top of the transplant list. Under the new policy, only patients with liver failure due to acute illness () are eligible for status 1; patients with liver failure due to chronic liver disease () are characterized as status 2. Since donor organs are (...)
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  30. Design Arguments for the Existence of God.Kenneth Einar Himma - 2003 - Internet Encyclopedia of Philosophy.
     
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  31.  12
    A Comprehensive Hartian Theory of Legal.Kenneth Einar Himma - 2013 - In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oxford University Press.
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  32.  16
    The Triumph of God Over Evil: Theodicy for a World of Suffering. [REVIEW]Kenneth Einar Himma - 2011 - Religious Studies 47 (1):129-133.
  33.  43
    The Problem of Unresolved Wrongdoing.Kenneth Einar Himma - 2010 - Faith and Philosophy 27 (4):405-422.
    Many Christians believe that, because of divine grace, any person who repents of sin, accepts Christianity, and has genuinely authentic faith in God is forgiven for her sins and spared completely of the torments of hell. I argue that this idea is difficult to reconcile with certain Christian doctrines and common, though not universal, moral intuitions about wrongdoing and punishment. The main steps are as follows. The violation of an obligation creates a moral debt that requires correction by compensation, punishment, (...)
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  34.  54
    Christian Faith Without Belief That God Exists: A Defense of Pojman’s Conception of Faith.Kenneth Einar Himma - 2006 - Faith and Philosophy 23 (1):65-79.
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  35.  36
    The Free-Will Defence: Evil and the Moral Value of Free Will: Kenneth Einar Himma.Kenneth Einar Himma - 2009 - Religious Studies 45 (4):395-415.
    One version of the free-will argument relies on the claim that, other things being equal, a world in which free beings exist is morally preferable to a world in which free beings do not exist . I argue that this version of the free-will argument cannot support a theodicy that should alleviate the doubts about God's existence to which the problems of evil give rise. In particular, I argue that the value thesis has no foundation in common intuitions about morality. (...)
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  36.  68
    Positivism and Interpreting Legal Content: Does Law Call for a Moral Semantics?Kenneth Einar Himma - 2009 - Ratio Juris 22 (1):24-43.
    In two fascinating papers, Jules Coleman has been considering an idea, first articulated and defended by Scott Shapiro in his forthcoming book Legality , that law calls for a moral semantics. In a recent paper, Coleman argues it is a conceptual truth that legal content stating behavioral requirements, whether construed as propositions or imperatives, can "truthfully be redescribed as expressing a moral directive or authorization" ( Coleman 2007 , 592). For example, the directive "mail fraud is illegal" expresses , if (...)
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  37. Prior Probabilities and Confirmation Theory: A Problem with the Fine-Tuning Argument. [REVIEW]Kenneth Einar Himma - 2002 - International Journal for Philosophy of Religion 51 (3):175-194.
    Fine-tuning arguments attempt to infer God’s existence from the empirical fact that life would not be possible if any of approximately two-dozen fundamental laws and properties of the universe had been even slightly different. In this essay, I consider a version that relies on the following principle: if an observation O is more likely to occur under hypothesis H1 than under hypothesis H2, then O supports accepting H1 over H2. I argue that this particular application of this principle is vulnerable (...)
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  38.  37
    From Metaphysics to Ethics: A Defence of Conceptual Analysis. [REVIEW]Kenneth Einar Himma - 2003 - Teaching Philosophy 26 (3):315-319.
  39. Legal Positivism.Kenneth Einar Himma - 2001 - Internet Encyclopedia of Philosophy.
     
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  40.  88
    Eternally Incorrigible: The Continuing-Sin Response to the Proportionality Problem of Hell.Kenneth Einar Himma - 2003 - Religious Studies 39 (1):61-78.
    According to the proportionality objection to hell, infinite suffering is out of proportion to any wrong that finite human beings could commit and is hence unjust and inconsistent with God's moral perfection. The continuing-sin response concedes that eternal consignment to hell is out of proportion to the sins people commit during their earthly lives, but argues that people in hell continue to sin while in hell and, in this way, extend their consignment to hell ad infinitum. In this essay, I (...)
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  41. A Positivist Account of Legal Principles.Kenneth Einar Himma - 2001 - Dissertation, University of Washington
    In The Concept of Law, H. L. A. Hart propounds three central theses about the nature of law: a standard of behavior is a law in a society S if and only if that standard has been promulgated in accordance with the procedures specified in S's rule of recognition ; there are no necessary substantive moral constraints on the content of law ; and judges have discretion in hard cases to base their decisions on extralegal standards; thus, judges decide hard (...)
     
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  42. 17 Conceptual Jurisprudence and the Intelligibility of Law's Claim to Obligate.Kenneth Einar Himma - 2005 - In Joseph Keim Campbell, Michael O'Rourke & David Shier (eds.), Law and Social Justice. MIT Press. pp. 311.
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  43. Morality and the Nature of Law.Kenneth Einar Himma - 2019 - Oxford University Press.
    A complete survey of Himma's acclaimed work in general jurisprudence and a restatement of his influential take on 'inclusive legal positivism', in dialogue with its chief rivals. This book offers an overview of the methodology of conceptual analysis in legal theory and its grounding in moral philosophy.
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  44.  2
    Unpacking Normativity - Conceptual, Normative and Descriptive Issues.Kenneth Einar Himma, Miodrag Jovanovic & Bojan Spaic (eds.) - 2018 - Hart Publishing.
    This book provides a new and wide-ranging study of law's normativity, examining conceptual, descriptive and empirical dimensions of this perennial philosophical issue. It also contains essays concerned with, among other issues, the relationship between semantic and legal normativity; methodological concerns pertaining to understanding normativity; normativity and legal interpretation; and normativity as it pertains to transnational law. The contributors come not only from the usual Anglo-American and Western European community of legal theorists, but also from Latin American and Eastern European communities, (...)
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  45.  67
    What Philosophy of Mind Can Tell Us About the Morality of Abortion: Personhood, Materialism, and the Existence of Self.Kenneth Einar Himma - 2003 - International Journal of Applied Philosophy 17 (1):89-109.
    I attempt to show that, under materialist assumptions about the nature of mind, it is a necessary condition for fetal personhood that electrical activity has begun in the brain. First, I argue that it is a necessary condition for a thing to be a moral person that it is a self—understood as something that is capable of serving as the subject of a mental experience. Second, I argue that it is a necessary condition for a fetus to be a self (...)
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  46.  41
    Bringing Hart and Raz to the Table: Coleman's Compatibility Thesis.Kenneth Einar Himma - 2001 - Oxford Journal of Legal Studies 21 (4):609-627.
    Inclusive and exclusive positivists disagree on whether criteria of validity can incorporate moral norms. Inclusive positivists believe there are conceptually possible legal systems in which the criteria of validity include moral norms (the ‘Incorporation Thesis’). Exclusive positivists, following Joseph Raz, reject the Incorporation Thesis on the ground that subjects of a putative legal system incorporating moral criteria of validity could not identify the law without evaluating the very reasons the law is supposed to replace. Since law cannot be authoritative unless (...)
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  47.  32
    Waluchow’s Defense of Inclusive Positivism.Kenneth Einar Himma - 1999 - Legal Theory 5 (1):101-116.
  48.  9
    No Title Available: Book Reviews. [REVIEW]Kenneth Einar Himma - 2011 - Religious Studies 47 (1):129-133.
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  49.  48
    Great Cases in Constitutional Law.Kenneth Einar Himma - 2001 - Teaching Philosophy 24 (4):401-404.
  50.  47
    Richard Spinello and Maria Bottis: Understanding the Debate on the Legal Protection of Moral Intellectual Property Interests: Review Essay of A Defense of Intellectual Property Rights: Edward Elgar, Cheltenham, UK, ISBN 978 1 84720 395 3. [REVIEW]Kenneth Einar Himma - 2011 - Ethics and Information Technology 13 (3):283-288.
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