Results for 'Normative Powers'

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  1.  57
    Computer Systems and Responsibility: A Normative Look at Technological Complexity.Deborah G. Johnson & Thomas M. Powers - 2005 - Ethics and Information Technology 7 (2):99-107.
    In this paper, we focus attention on the role of computer system complexity in ascribing responsibility. We begin by introducing the notion of technological moral action (TMA). TMA is carried out by the combination of a computer system user, a system designer (developers, programmers, and testers), and a computer system (hardware and software). We discuss three sometimes overlapping types of responsibility: causal responsibility, moral responsibility, and role responsibility. Our analysis is informed by the well-known accounts provided by Hart and Hart (...)
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  2.  8
    Moral Indeterminacy, Normative Powers and Convention.Tom Dougherty - 2016 - Ratio 29 (4):448-465.
    Moral indeterminacy can be problematic: prospectively it can give rise to deliberative anguish, and retrospectively, it can leave us in a limbo as to what attitudes it is appropriate to form with respect to past actions with indeterminate moral status. These problems give us reason to resolve ethical indeterminacy. One mechanism for doing so involves the use of our normative powers to place obligations on ourselves and to waive our claims against others. This mechanism could operate through an (...)
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  3.  8
    Transitional Paternalism: How Shared Normative Powers Give Rise to the Asymmetry of Adolescent Consent and Refusal.Neil C. Manson - 2015 - Bioethics 29 (2):66-73.
    In many jurisdictions, adolescents acquire the right to consent to treatment; but in some cases their refusals – e.g. of life-saving treatment – may not be respected. This asymmetry of adolescent consent and refusal seems puzzling, even incoherent. The aim here is to offer an original explanation, and a justification, of this asymmetry. Rather than trying to explain the asymmetry in terms of a variable standard of competence – where the adolescent is competent to consent to, but not refuse, certain (...)
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  4. Promises, Reasons, and Normative Powers.Gary Watson - 2009 - In David Sobel & Steven Wall (eds.), Reasons for Action. Cambridge University Press.
     
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  5.  80
    Voluntary Obligations and Normative Powers.Neil MacCormick & Joseph Raz - 1972 - Aristotelian Society Supplementary Volume 46 (1):59 - 102.
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  6. Voluntary Obligations and Normative Powers.Neil Maccormick & Joseph Raz - 1972 - Proceedings of the Aristotelian Society, Supplementary Volumes( 46:59-102.
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  7. Moral Powers: Normative Necessity in Language and History.Anthony Holiday - 1988 - Routledge.
     
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  8.  1
    Moral Powers: Normative Necessity in Language and History.T. A. Roberts - 1989 - Philosophical Books 30 (4):236-237.
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  9.  46
    Deference as a Normative Power.Andrea C. Westlund - 2013 - Philosophical Studies 166 (3):455-474.
    Much of the literature on practical authority concerns the authority of the state over its subjects—authority to which we are, as G. E. M. Anscombe says, subject “willy nilly”. Yet many of our “willy” (or voluntary) relationships also seem to involve the exercise of practical authority, and this species of authority is in some ways even more puzzling than authority willy nilly. In this paper I argue that voluntary authority relies on a form of voluntary obligation that is akin (in (...)
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  10. Giving Practical Reasons.David Enoch - 2011 - Philosophers' Imprint 11 (4).
    I am writing a mediocre paper on a topic you are not particularly interested in. You don't have, it seems safe to assume, a (normative) reason to read my draft. I then ask whether you would be willing to have a look and tell me what you think. Suddenly you do have a (normative) reason to read my draft. By my asking, I managed to give you the reason to read the draft. What does such reason-giving consist in? (...)
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  11.  23
    Normative Autonomy and Normative Co-Ordination: Declarative Power, Representation, and Mandate. [REVIEW]Jonathan Gelati, Antonino Rotolo, Giovanni Sartor & Guido Governatori - 2004 - Artificial Intelligence and Law 12 (1-2):53-81.
    In this paper we provide a formal analysis of the idea of normative co-ordination. We argue that this idea is based on the assumption that agents can achieve flexible co-ordination by conferring normative positions to other agents. These positions include duties, permissions, and powers. In particular, we explain the idea of declarative power, which consists in the capacity of the power-holder of creating normative positions, involving other agents, simply by proclaiming such positions. In addition, we account (...)
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  12. Giving Someone a Reason to Φ.David Enoch - manuscript
    I am writing a mediocre paper on a topic you are not particularly interested in. You don't have, it seems safe to assume, a (normative) reason to read my draft. I then ask whether you would be willing to have a look and tell me what you think. Suddenly you do have a (normative) reason to read my draft. What exactly happened here? Your having the reason to read my draft – indeed, the very fact that there is (...)
     
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  13. Authority and Reason‐Giving1.David Enoch - 2014 - Philosophy and Phenomenological Research 89 (2):296-332.
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  14. The Economic Model of Forgiveness.Brandon Warmke - 2016 - Pacific Philosophical Quarterly 95 (4):570-589.
    It is sometimes claimed that forgiveness involves the cancellation of a moral debt. This way of speaking about forgiveness exploits an analogy between moral forgiveness and economic debt-cancellation. Call the view that moral forgiveness is like economic debt-cancellation the Economic Model of Forgiveness. In this article I articulate and motivate the model, defend it against some recent objections, and pose a new puzzle for this way of thinking about forgiveness.
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  15.  58
    Is There a Reason to Keep Promises.Joseph Raz - manuscript
    If promises are binding there must be a reason to do as one promised. The paper is motivated by belief that there is a difficulty in explaining what that reason is. It arises because the reasons that promising creates are content-independent. Similar difficulties arise regarding other content-independent reasons, though their solution need not be the same. -/- Section One introduces an approach to promises, and outlines an account of them that I have presented before. It forms the backdrop for the (...)
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  16.  21
    Permissive Consent: A Robust Reason-Changing Account.Neil C. Manson - 2016 - Philosophical Studies 173 (12):3317-3334.
    There is an ongoing debate about the “ontology” of consent. Some argue that it is a mental act, some that it is a “hybrid” of a mental act plus behaviour that signifies that act; others argue that consent is a performative, akin to promising or commanding. Here it is argued that all these views are mistaken—though some more so than others. We begin with the question whether a normatively efficacious act of consent can be completed in the mind alone. Standard (...)
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  17. Reasons, Value, and Particular Agents: Normative Relevance Without Motivational Internalism.William J. FitzPatrick - 2004 - Mind 113 (450):285-318.
    While differing widely in other respects, both neo-Humean and neo-Kantian approaches to normativity embrace an internalist thesis linking reasons for acting to potential motivation. This thesis pushes in different directions depending on the underlying view of the powers of practical reason, but either way it sets the stage for an attack on realist attempts to ground reasons directly in facts about value. How can reasons that are not somehow grounded in motivational features of the agent nonetheless count as reasons (...)
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  18.  6
    Celano: Ontological Commitment and Normative Bite.José Juan Moreso - 2016 - Revus 30:77-80.
    In his article on pre-conventions, Celano presents, what the author calls, the Ontological Commitment Thesis and the Normative Bite Thesis. In this short comment, the author argues that the two theses are together both incompatible with the idea that pre-conventions are facts which have causal powers in human behaviour; also, if the ontological thesis is abandoned, normative determination could not be obtained. In other terms, the author argues that either pre-conventions are part of our causal explanation of (...)
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  19.  42
    Social Structure and Social Relations.Dave Elder-vass - 2007 - Journal for the Theory of Social Behaviour 37 (4):463–477.
    This paper replies to Porpora, King, and Varela's responses to my earlier paper “For Emergence”, focussing on the relationship between the concepts of social structure and social relations. It recognises the importance of identifying the mechanisms responsible whenever we make claims for the emergence of causal powers, and discusses the mechanism underlying one case of social structure: normative institutions. It also shows how critical realism reconciles the claims that both social structures and human individuals have emergent causal (...) that combine to produce actual social events. (shrink)
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  20. Political Authority, Moral Powers and the Intrinsic Value of Obedience.William A. Edmundson - 2010 - Oxford Journal of Legal Studies 30 (1):179-191.
    Three concepts—authority, obedience and obligation—are central to understanding law and political institutions. The three are also involved in the legitimation of the state: an apology for the state has to make a normative case for the state’s authority, for its right to command obedience, and for the citizen’s obligation to obey the state’s commands. Recent discussions manifest a cumulative scepticism about the apologist’s task. Getting clear about the three concepts is, of..
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  21.  88
    Fundamental Legal Concepts: A Formal and Teleological Characterisation. [REVIEW]Giovanni Sartor - 2006 - Artificial Intelligence and Law 14 (1-2):101-142.
    We shall introduce a set of fundamental legal concepts, providing a definition of each of them. This set will include, besides the usual deontic modalities (obligation, prohibition and permission), the following notions: obligative rights (rights related to other’s obligations), permissive rights, erga-omnes rights, normative conditionals, liability rights, different kinds of legal powers, potestative rights (rights to produce legal results), result-declarations (acts intended to produce legal determinations), and sources of the law.
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  22.  56
    Illusions of Corporate Power:Revisiting the Relative Powers of Corporations and Governments.Jan Tullberg - 2004 - Journal of Business Ethics 52 (4):325-333.
    A common opinion is that power has shifted from states to companies. This article discusses quantitative and qualitative aspects of power possessed by companies and by states. A more adequate comparison than that between company sales and gross national product is the one between company value added and GNP. Also more adequate is the comparison between the public sector and company net profit. These rival measures take down company power to about a tenth of the sales measure. Also in qualitative (...)
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  23. Social Space and the Ontology of Recognition.Italo Testa - 2011 - In Heikki Ikäheimo Arto Laitinen (ed.), Recognition and Social Ontology. Brill Books (pp. 287-308).
    In this paper recognition is taken to be a question of social ontology, regarding the very constitution of the social space of interaction. I concentrate on the question of whether certain aspects of the theory of recognition can be translated into the terms of a socio-ontological paradigm: to do so, I make reference to some conceptual tools derived from John Searle's social ontology and Robert Brandom's normative pragmatics. My strategy consists in showing that recognitive phenomena cannot be isolated at (...)
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  24.  47
    The Normative Paradigm of Constitutional Democracy.Luigi Ferrajoli - 2011 - Res Publica 17 (4):355-367.
    This piece criticizes traditional formal and procedural conceptions of democracy, which fail to account for the development of contemporary constitutional democracy. The latter is characterized by a substantive dimension with respect to the content of the decisions taken through the democratic process. The validity of such decision is conditioned by the respect and actualization of fundamental rights, which are established by the constitution. The limits and constraints established by the constitution require juridical science to play a critical and programmatic role (...)
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  25.  15
    Human Development and Alienation in the Thought of Karl Marx.Paul Raekstad - forthcoming - European Journal of Political Theory:1474885115613735.
    Marx's theory of alienation is of great importance to contemporary political developments, due both to the re-emergence of anti-capitalist struggle in Zapatismo, 21st Century Socialism, and the New Democracy Movement, and to the fact that the most important theorists of these movements single out Marx's theory of alienation as critical to their concerns. Despite this renewed practical and theoretical interest, however, these and other writers have been sparing in their accounts of the normative components which the theory of alienation (...)
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  26.  10
    Finding Reasons for Being Reasonable: Interrogating Rawls.Bindu Puri - 2015 - Sophia 54 (2):117-141.
    This essay discusses Rawls distinction between the reasonable and the rational in the context of the liberal effort to establish the priority of the right over the good. It argues that inarticulacy about the good makes it difficult for Rawls to find arguments in support of a minimal conception of the reasonable overlapping consensus. The essay examines Rawls’ arguments in support of the distinction between the rational and the reasonable. The paper suggests that in terms of these arguments, the term (...)
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  27.  37
    But Where Is the University?Frank Hindriks - 2012 - Dialectica 66 (1):93-113.
    Famously Ryle imagined a visitor who has seen the colleges, departments, and libraries of a university but still wonders where the university is. The visitor fails to realize that the university consists of these organizational units. In this paper I ask what exactly the relation is between institutional entities such as universities and the entities they are composed of. I argue that the relation is constitution, and that it can be illuminated in terms of constitutive rules. The understanding of the (...)
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  28.  9
    Promises Schmomises.Heidi M. Hurd - 2017 - Law and Philosophy 36 (3):279-343.
    In this piece, I argue that promises need not be kept just because they were made. This is not to say, however, that unwise, unhappy, and unfortunate promises do not generate obligations. When broken promises will result either in wrongful gains to promisors or wrongful losses to promisees, obligations of corrective justice will demand that such promises be kept if their breach cannot be fully repaired. Thus, when a broken promise will constitute a deliberate loss transfer for personal gain, the (...)
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  29.  89
    Politics in a State of Nature.William A. Edmundson - 2013 - Ratio Juris 26 (2):149-186.
    Aristotle thought we are by nature political animals, but the state-of-nature tradition sees political society not as natural but as an artifice. For this tradition, political society can usefully be conceived as emerging from a pre-political state of nature by the exercise of innate normative powers. Those powers, together with the rest of our native normative endowment, both make possible the construction of the state, and place sharp limits on the state's just powers and prerogatives. (...)
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  30.  7
    Developing Autonomy and Transitional Paternalism.Faye Tucker - 2016 - Bioethics 30 (9):759-766.
    Adolescents, in many jurisdictions, have the power to consent to life saving treatment but not necessarily the power to refuse it. A recent defence of this asymmetry is Neil Manson's theory of ‘transitional paternalism’. Transitional paternalism holds that such asymmetries are by-products of sharing normative powers. However, sharing normative powers by itself does not entail an asymmetry because transitional paternalism can be implemented in two ways. Manson defends the asymmetry-generating version of transitional paternalism in the clinical (...)
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  31.  12
    Misrecognition and Domination in Transnational Democracy.Michael Allen - 2010 - Contemporary Political Theory 9 (2):200-219.
    In this article, I locate the Critical Theoretic and Republican themes of misrecognition and domination in transnational democracy, viewed as an emancipatory project. Contrary to John Dryzek, I argue that transnational democracy requires an appropriate account of mutual recognition and personal integrity in order to ground the emancipatory dimension of this project, especially given Dryzek's analysis of transnational contests in forming personal identifications. Beyond this, I argue that the same themes are needed to supplement James Bohman's account of the (...) powers of dominated persons to initiate deliberation in circumstances of injustice. Primarily, my claim has been that the idea of personal integrity remains essential not only to motivating the project of transnational democracy, but also modifying the appeal to normative powers in the interest of enabling dominated persons to enter into communicative relationships and engage in public processes of critical self-examination. (shrink)
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  32.  2
    When is a Choice Not a Choice? ‘Sham Offers’ and the Asymmetry of Adolescent Consent and Refusal.Neil C. Manson - 2016 - Bioethics 31 (3).
    In some jurisdictions there is a puzzling asymmetry between consent and refusal, where, for some kinds of treatment, the adolescent patient has the power to permit her own treatment but her refusal does not have the same kind of normative significance as refusal of treatment by a competent adult. In this journal I recently offered a clarification and defence of this asymmetry in terms of a paternalistic justification of the sharing of normative powers between adolescents and other (...)
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  33.  5
    Ambiguities and Asymmetries in Consent and Refusal: Reply to Manson.Rob Lawlor - 2016 - Bioethics 30 (5):353-357.
    John Harris claims that is it ‘palpable nonsense’ to suggest that ‘a child might competently consent to a treatment but not be competent to refuse it.’ In ‘Transitional Paternalism: How Shared Normative Powers Give Rise to the Asymmetry of Adolescent Consent and Refusal’ Neil Manson aims to explain away the apparent oddness of this asymmetry of consent and refusal, by appealing to the idea of shared normative powers, presenting joint bank accounts as an example. In this (...)
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  34.  22
    Promising - Part 2.Ulrike Heuer - 2012 - Philosophy Compass 7 (12):842-851.
    The explanation of promising is fraught with problems. In particular the problem that promises can be valid even when nothing good comes of keeping the promise , and the bootstrapping problem with explaining how the mere intention to put oneself under an obligation can create such an obligation have been recognized since Hume’s famous discussion of the topic. In part 1, I showed that two main views of promising which attempt to solve these problems fall short of explaining the promissory (...)
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  35.  1
    Promising ‐ Part 2.Heuer Ulrike - 2012 - Philosophy Compass 7 (12):842-851.
    The explanation of promising is fraught with problems. In particular the problem that promises can be valid even when nothing good comes of keeping the promise, and the bootstrapping problem with explaining how the mere intention to put oneself under an obligation can create such an obligation have been recognized since Hume’s famous discussion of the topic. In part 1, I showed that two main views of promising which attempt to solve these problems fall short of explaining the promissory obligation (...)
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  36.  4
    Ambiguities and Asymmetries in Consent and Refusal: Reply to Manson.Rob Lawlor - 2016 - Bioethics 30 (4):n/a-n/a.
    John Harris claims that is it ‘palpable nonsense’ to suggest that ‘a child might competently consent to a treatment but not be competent to refuse it.’ In ‘Transitional Paternalism: How Shared Normative Powers Give Rise to the Asymmetry of Adolescent Consent and Refusal’ Neil Manson aims to explain away the apparent oddness of this asymmetry of consent and refusal, by appealing to the idea of shared normative powers, presenting joint bank accounts as an example. In this (...)
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  37. Studies in Early Heidegger.Ingo Farin - 2003 - Dissertation, Indiana University
    The dissertation is a historical and systematic study of Heidegger 's philosophizing at Freiburg between 1919 and 1923. It is shown that Heidegger pursues a philosophy of life directed at articulating how human life is lived from within, rather than how it is objectively thought about in the various positive sciences. Heidegger 's basic thesis that life is inextricably tied to the historical world and centered in the personal self leads him to experiment with various forms of relativism or historicism, (...)
     
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  38. “On the Risks of Resting Assured: An Assurance Theory of Trust”.Edward Hinchman - forthcoming - In Paul Faulkner Tom Simpson (ed.), New Philosophical Essays on Trust. Oxford: Oxford University Press.
    An assurance theory of trust begins from the act of assurance – whether testimonial, advisorial or promissory – and explains trust as a cognate stance of resting assured. My version emphasizes the risks and rewards of trust. On trust’s rewards, I show how an assurance can give a reason to the addressee through a twofold exercise of ‘normative powers’: (i) the speaker thereby incurs an obligation to be sincere; (ii) if the speaker is trustworthy, she thereby gives her (...)
     
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  39. When is a Choice Not a Choice? ‘Sham Offers’ and the Asymmetry of Adolescent Consent and Refusal.Neil C. Manson - 2017 - Bioethics 31 (4):296-304.
    In some jurisdictions there is a puzzling asymmetry between consent and refusal, where, for some kinds of treatment, the adolescent patient has the power to permit her own treatment but her refusal does not have the same kind of normative significance as refusal of treatment by a competent adult. In this journal I recently offered a clarification and defence of this asymmetry in terms of a paternalistic justification of the sharing of normative powers between adolescents and other (...)
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  40.  49
    Inverse Functionalism and the Individuation of Powers.David Yates - forthcoming - Synthese:1-26.
    In the pure powers ontology (PPO), basic physical properties have wholly dispositional essences. PPO has clear advantages over categoricalist ontologies, which suffer from familiar epistemological and metaphysical problems. However, opponents argue that because it contains no qualitative properties, PPO lacks the resources to individuate powers, and generates a regress. The challenge for those who take such arguments seriously is to introduce qualitative properties without reintroducing the problems that PPO was meant to solve. In this paper, I distinguish the (...)
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  41. Moral Worth and Normative Ethics.Arpaly Nomy - 2015 - Oxford Studies in Normative Ethics 5.
    According to Arpaly and to Markovits, an actions have moral worth iff they are done for the reasons that make them right. Can this view have implications for normative ethics? I argue that it has such implications, as you can start from truths about the moral worth of actions to truths about the reasons that make them right. What makes actions right is the question of normative ethics. I argue from the moral worth view to a pluralistic view (...)
     
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  42. Powers, Structures, and Minds.William Jaworski - 2012 - In Ruth Groff & John Greco (eds.), Powers and Capacities in Philosophy: The New Aristotelianism. Routledge. pp. 145-171.
    Powers often depend on structures. It is because of the eye’s structure that it confers the power of sight; destroy that structure, and you destroy the power. I sketch an antireductive yet broadly naturalistic account of the relation between powers and structures. Powers, it says, are embodied in structures. When applied to philosophy of mind, this view resembles classic emergentist theories. I nevertheless argue that it differs from them in crucial respects that insulate it from the problems (...)
     
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  43.  50
    Normativity All the Way Down: From Normative Realism to Pannormism.Duenger Bohn Einar - forthcoming - Synthese:1-18.
    In this paper, I provide an argument for pannormism, the view according to which there are normative properties all the way down. In particular, I argue for what I call the trickling down principle, which says that if there is a metaphysically basic normative property, then, if whatever instantiates it has a ground, that ground instantiates it as well.
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  44. Against Normative Naturalism.Matthew S. Bedke - 2012 - Australasian Journal of Philosophy 90 (1):111 - 129.
    This paper considers normative naturalism, understood as the view that (i) normative sentences are descriptive of the way things are, and (ii) their truth/falsity does not require ontology beyond the ontology of the natural world. Assuming (i) for the sake of argument, I here show that (ii) is false not only as applied to ethics, but more generally as applied to practical and epistemic normativity across the board. The argument is a descendant of Moore's Open Question Argument and (...)
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  45. Metanormative Contextualism and Normative Uncertainty.John Pittard & Alex Worsnip - 2017 - Mind 126 (501):155-193.
    We offer a new argument in favour of metanormative contextualism, the thesis that the semantic value of a normative ‘ought’ claim of the form ‘ S ought to Φ’ depends on the value of one or more parameters whose values vary in a way that is determined by the context of utterance. The debate over this contextualist thesis has centred on cases that involve ‘ought’ claims made in the face of uncertainty regarding certain descriptive facts. Contextualists, relativists, and invariantists (...)
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  46.  78
    Is Guanxi Ethical? A Normative Analysis of Doing Business in China.Thomas W. Dunfee & Danielle E. Warren - 2001 - Journal of Business Ethics 32 (3):191 - 204.
    This paper extends the discussion of guanxi beyond instrumental evaluations and advances a normative assessment of guanxi. Our discussion departs from previous analyses by not merely asking, Does guanxi work? but rather Should corporations use guanxi? The analysis begins with a review of traditional guanxi definitions and the changing economic and legal environment in China, both necessary precursors to understanding the role of guanxi in Chinese business transactions. This review leads us to suggest that there are distinct types of, (...)
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  47.  18
    Causal Powers and the Necessity of Realization.Umut Baysan - forthcoming - International Journal of Philosophical Studies:1-7.
    Non-reductive physicalists hold that mental properties are realized by physical properties. The realization relation is typically taken to be a metaphysical necessitation relation. Here, I explore how the metaphysical necessitation feature of realization can be explained by what is known as " the subset view " of realization. The subset view holds that the causal powers that are associated with a realized property are a proper subset of the causal powers that are associated with the realizer property. I (...)
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  48. The Emperor's New Metaphysics of Powers.Stephen Barker - 2013 - Mind 112 (487):605-653.
    This paper argues that the new metaphysics of powers, also known as dispositional essentialism or causal structuralism, is an illusory metaphysics. I argue for this in the following way. I begin by distinguishing three fundamental ways of seeing how facts of physical modality — facts about physical necessitation and possibility, causation, disposition, and chance — are grounded in the world. The first way, call it the first degree, is that the actual world or all worlds, in their entirety, are (...)
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  49. A Powers Theory of Modality: Or, How I Learned to Stop Worrying and Reject Possible Worlds.Jonathan D. Jacobs - 2010 - Philosophical Studies 151 (2):227-248.
    Possible worlds, concrete or abstract as you like, are irrelevant to the truthmakers for modality—or so I shall argue in this paper. First, I present the neo-Humean picture of modality, and explain why those who accept it deny a common sense view of modality. Second, I present what I take to be the most pressing objection to the neo-Humean account, one that, I argue, applies equally well to any theory that grounds modality in possible worlds. Third, I present an alternative, (...)
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  50. Institutions of Law: An Essay in Legal Theory.Neil MacCormick - 2007 - Oxford University Press.
    On normative order -- On institutional order-- Law and the constitutional state -- A problem : rules or habits? -- On persons -- Wrongs and duties -- Legal positions and relations : rights and obligations -- Legal relations and things : property -- Legal powers and validity -- Powers and public law : law and politics -- Constraints on power : fundamental rights -- Criminal law and civil society : law and morality -- Private law and civil (...)
     
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