Results for 'moral justification of punishment'

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  1.  21
    Victor's Justice: The Next Best Moral Theory of Criminal Punishment[REVIEW]François Tanguay-Renaud - 2013 - Law and Philosophy 32 (1):129-157.
    In this essay, I address one methodological aspect of Victor Tadros's The Ends of Harm-­-­namely, the moral character of the theory of criminal punishment it defends. First, I offer a brief reconstruction of this dimension of the argument, highlighting some of its distinctive strengths while drawing attention to particular inconsistencies. I then argue that Tadros ought to refrain from developing this approach in terms of an overly narrow understanding of the morality of harming as fully unified and reconciled (...)
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  2.  8
    A Comment on the Article ' Wilson on the Justification of Punishment' by Mark Fisher and Grenville Wall inJournal of Moral Education,Vol 1, No 3, P 203. [REVIEW]John Wilson - 1972 - Journal of Moral Education 1 (3):245-246.
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  3.  60
    Moral Sentiments and the Justification of Punishment.Thom Brooks - unknown
  4.  24
    The Justification of Deserved Punishment Via General Moral Principles.Stephen Kershnar - 1995 - Southern Journal of Philosophy 33 (4):461-484.
  5.  68
    The Idea of a Justification for Punishment.Kevin Magill - 1998 - Critical Review of International Social and Political Philosophy 1 (1):86-101.
    The argument between retributivists and consequentialists about what morally justifies the punishment of offenders is incoherent. If we were to discover that all of the contending justifications were mistaken, there is no realistic prospect that this would lead us to abandon legal punishment. Justification of words, beliefs and deeds, can only be intelligible on the assumption that if one's justification were found to be invalid and there were no alternative justification, one would be prepared to (...)
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  6. The Justification of Deserved Punishment.Stephen Kershnar - 1995 - Dissertation, The University of Nebraska - Lincoln
    A punitive desert-claim should be understood as a claim about the intrinsic value of punishment, where this value is grounded in an act or feature of the person to be punished. The purpose of my project is to explore the structure and justification of such punitive desert-claims. ;I argue that a true punitive desert-claim takes the form and , and that belief in these principles is justified on the basis of our considered moral judgments. The Principle of (...)
     
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  7.  25
    Punishment and Upbringing: Considerations for an Educative Justification of Punishment.Ido Weijers - 2000 - Journal of Moral Education 29 (1):61-73.
    Punishment seems taboo both in modern education and in theory. In so far as philosophers of education engage with this problem they follow the pattern of the philosophy of law: consequentialism or deontology. This article starts from another perspective. Its starting point is that punishment in education and upbringing must be seen as an interactive moral process. Two conditions are considered which have to be fulfilled before one can speak of educative punishment: punishment assumes a (...)
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  8.  1
    The Moral Benefit of Punishment: Self-Determination as a Goal of Correctional Counseling.Frances E. Gill - 2003 - Lexington Books.
    In this provocative work, Frances E. Gill argues that self-determination is a universal goal of correctional counseling. Gill leads the reader through a rigorous philosophical justification of the paternalism of state punishment in service of this goal.
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  9.  36
    Moore's Moral Facts and the Gap in the Retributive Theory.Brian Rosebury - 2011 - Criminal Law and Philosophy 5 (3):361-376.
    The purely retributive moral justification of punishment has a gap at its centre. It fails to explain why the offender should not be protected from punishment by the intuitively powerful moral idea that afflicting another person (other than to avoid a greater harm) is always wrong. Attempts to close the gap have taken several different forms, and only one is discussed in this paper. This is the attempt to push aside the ‘protecting’ intuition, using some (...)
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  10.  20
    Treating Inmates as Moral Agents: A Defense of the Right to Privacy in Prison.William Bülow - 2014 - Criminal Justice Ethics 33 (1):1-20.
    This paper addresses the question of prison inmates' right to privacy from an ethical perspective. I argue that the right to privacy is important because of its connection to moral agency and that the protection of privacy is warranted by different established philosophical theories about the justification of legal punishment. I discuss the practical implications of this argument by addressing two potential problems. First, how much privacy should be allowed during imprisonment in order to meet the criteria (...)
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  11.  93
    Punishment and the Strategic Structure of Moral Systems.Chandra Sekhar Sripada - 2004 - Biology and Philosophy 20 (4):767–789.
    The problem of moral compliance is the problem of explaining how moral norms are sustained over extented stretches of time despite the existence of selfish evolutionary incentives that favor their violation. There are, broadly speaking, two kinds of solutions that have been offered to the problem of moral compliance, the reciprocity-based account and the punishment-based account. In this paper, I argue that though the reciprocity-based account has been widely endorsed by evolutionary theorists, the account is in (...)
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  12.  77
    Revisiting Kantian Retributivism to Construct a Justification of Punishment.Jane Johnson - 2008 - Criminal Law and Philosophy 2 (3):291-307.
    The standard view of Kant’s retributivism, as well as its more recent reworking in the ‘limited’ or ‘partial’ retributivist reading are, it is argued here, inadequate accounts of Kant on punishment. In the case of the former, the view is too limited and superficial, and in the latter it is simply inaccurate as an interpretation of Kant. Instead, this paper argues that a more sophisticated and accurate rendering of Kant on punishment can be obtained by looking to his (...)
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  13.  1
    Wilson on the Justification of Punishment.Mark Fisher & Grenville Wall - 1972 - Journal of Moral Education 1 (3):203-204.
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  14.  95
    Difficult Cases and the Epistemic Justification of Moral Belief.Joshua Schechter - forthcoming - Oxford Studies in Metaethics 12.
    This paper concerns the epistemology of difficult moral cases where the difficulty is not traceable to ignorance about non-moral matters. The paper first argues for a principle concerning the epistemic status of moral beliefs about difficult moral cases. The basic idea behind the principle is that one’s belief about the moral status of a potential action in a difficult moral case is not justified unless one has some appreciation of what the relevant moral (...)
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  15.  76
    Situating Moral Justification: Rethinking the Mission of Moral Epistemology.Alison M. Jaggar & Theresa W. Tobin - 2013 - Metaphilosophy 44 (4):383-408.
    This is the first of two companion articles drawn from a larger project, provisionally entitled Undisciplining Moral Epistemology. The overall goal is to understand how moral claims may be rationally justified in a world characterized by cultural diversity and social inequality. To show why a new approach to moral justification is needed, it is argued that several currently influential philosophical accounts of moral justification lend themselves to rationalizing the moral claims of those with (...)
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  16.  44
    Naturalizing Moral Justification: Rethinking the Method of Moral Epistemology.Theresa W. Tobin & Alison M. Jaggar - 2013 - Metaphilosophy 44 (4):409-439.
    The companion piece to this article, “Situating Moral Justification,” challenges the idea that moral epistemology's mission is to establish a single, all-purpose reasoning strategy for moral justification because no reasoning practice can be expected to deliver authoritative moral conclusions in all social contexts. The present article argues that rethinking the mission of moral epistemology requires rethinking its method as well. Philosophers cannot learn which reasoning practices are suitable to use in particular contexts exclusively (...)
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  17.  12
    On Crimes and Punishments in Virtual Worlds: Bots, the Failure of Punishment and Players as Moral Entrepreneurs. [REVIEW]Stefano Paoli & Aphra Kerr - 2012 - Ethics and Information Technology 14 (2):73-87.
    This paper focuses on the role of punishment as a critical social mechanism for cheating prevention in MMORPGs. The role of punishment is empirically investigated in a case study of the MMORPG Tibia (Cipsoft 1997–2011 ) ( http://www.tibia.com ) and by focusing on the use of bots to cheat. We describe the failure of punishment in Tibia, which is perceived by players as one of the elements facilitating the proliferation of bots. In this process some players act (...)
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  18.  63
    War Crimes and Expressive Theories of Punishment: Communication or Denunciation?Bill Wringe - 2010 - Res Publica 16 (2):119-133.
    In a paper published in 2006, I argued that the best way of defending something like our current practices of punishing war criminals would be to base the justification of this practice on an expressive theory of punishment. I considered two forms that such a justification could take—a ‘denunciatory’ account, on which the purpose of punishment is supposed to communicate a commitment to certain kinds of standard to individuals other than the criminal and a ‘communicative’ account, (...)
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  19. Crime and Punishment: Distinguishing the Roles of Causal and Intentional Analyses in Moral Judgment.Fiery Cushman - 2008 - Cognition 108 (2):353-380.
    Recent research in moral psychology has attempted to characterize patterns of moral judgments of actions in terms of the causal and intentional properties of those actions. The present study directly compares the roles of consequence, causation, belief and desire in determining moral judgments. Judgments of the wrongness or permissibility of action were found to rely principally on the mental states of an agent, while judgments of blame and punishment are found to rely jointly on mental states (...)
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  20.  94
    The Ends of Harm: The Moral Foundations of Criminal Law.Victor Tadros - 2011 - Oxford University Press.
    This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.
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  21.  68
    Robot Rights? Towards a Social-Relational Justification of Moral Consideration.Mark Coeckelbergh - 2010 - Ethics and Information Technology 12 (3):209-221.
    Should we grant rights to artificially intelligent robots? Most current and near-future robots do not meet the hard criteria set by deontological and utilitarian theory. Virtue ethics can avoid this problem with its indirect approach. However, both direct and indirect arguments for moral consideration rest on ontological features of entities, an approach which incurs several problems. In response to these difficulties, this paper taps into a different conceptual resource in order to be able to grant some degree of (...) consideration to some intelligent social robots: it sketches a novel argument for moral consideration based on social relations. It is shown that to further develop this argument we need to revise our existing ontological and social-political frameworks. It is suggested that we need a social ecology, which may be developed by engaging with Western ecology and Eastern worldviews. Although this relational turn raises many difficult issues and requires more work, this paper provides a rough outline of an alternative approach to moral consideration that can assist us in shaping our relations to intelligent robots and, by extension, to all artificial and biological entities that appear to us as more than instruments for our human purposes. (shrink)
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  22.  21
    The Moral Permissibility of Punishment.Zachary Hoskins - 2014 - Internet Encyclopedia of Philosophy.
    The Moral Permissibility of Punishment The legal institution of punishment presents a distinctive moral challenge because it involves a state’s infliction of intentionally harsh, or burdensome, treatment on some of its members—treatment that typically would be considered morally impermissible. Most of us would agree, for instance, that it is typically impermissible to imprison people, to […].
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  23.  23
    The Incompatibility of Punishment and Moral Education: A Reply to Peter Hobson.James D. Marshall - 1989 - Journal of Moral Education 18 (2):144-147.
    Abstract In his paper ?The compatibility of punishment and moral education?, Hobson (1986) attempts to refute arguments which I had advanced (Marshall, 1984) to the effect that there were incompatibilities between claims to be morally educating children and to be punishing them. I wish to point out in Hobson's paper some questionable interpretations of the punishment literature and a serious flaw in the argument. More importantly, I wish to advance the debate by recourse to historical material and (...)
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  24. Does Situationism Excuse? The Implications of Situationism for Moral Responsibility and Criminal Responsibility.Ken Levy - 2015 - Arkansas Law Review 68:731-787.
    In this Article, I will argue that a person may be deserving of criminal punishment even in certain situations where she is not necessarily morally responsible for her criminal act. What these situations share in common are two things: the psychological factors that motivate the individual’s behavior are environmentally determined and her crime is serious, making her less eligible for sympathy and therefore less likely to be acquitted. -/- To get to this conclusion, I will proceed in four steps. (...)
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  25. An Eye for an Eye: Proportionality as a Moral Principle of Punishment.Morris J. Fish - 2008 - Oxford Journal of Legal Studies 28 (1):57-71.
    The lex talionis of the Old Testament has been widely perceived—understandably, but mistakenly—as a barbaric law of retribution in kind. It is better understood as a seminal expression of restraint and proportionality as moral principles of punishment. This has been recognized from the earliest times. Over the intervening centuries, the lex talionis has lost neither its moral significance nor its penal relevance. This is reflected in H.L.A. Hart's synthesis of modern retributivist and utilitarian theories of punishment (...)
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  26.  13
    Bennett’s Expressive Justification of Punishment.Peter Chau - forthcoming - Criminal Law and Philosophy:1-19.
    In this paper, I will critically assess the expressive justification of punishment recently offered by Christopher Bennett in The Apology Ritual and a number of papers. I will first draw a distinction between three conceptions of expression: communicative, motivational, and symbolic. After briefly demonstrating the difficulties of using the first two conceptions of expression to ground punishment and showing that Bennett does not ultimately rely on those two conceptions, I argue that Bennett’s account does not succeed because (...)
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  27.  2
    Fortifying the Self-Defense Justification of Punishment.Cogley Zac - forthcoming - Public Affairs Quarterly 31 (4).
    David Boonin has recently advanced several challenges to the self-defense justification of punishment. Boonin argues that the self-defense justification of punishment justifies punishing the innocent, justifies disproportionate punishment, cannot account for mitigating excuses, and does not justify intentionally harming offenders as we do when we punish them. In this paper, I argue that the self-defense justification, suitably understood, can avoid all of these problems. To help demonstrate the self-defense theory’s attraction, I also develop some (...)
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  28.  37
    The Separateness of Persons: A Moral Basis for a Public Justification Requirement.Jason Tyndal - forthcoming - Journal of Value Inquiry:1-15.
    In morally grounding a public justification requirement, public reason liberals frequently invoke the idea that persons should be construed as “free and equal.” But this tells us little with regard to what it is about us that makes us free or how a claim about our status as persons can ultimately ground a requirement of public justification. In light of this worry, I argue that a public justification requirement can be grounded in a Nozick-inspired argument from the (...)
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  29.  58
    Reason and Intuition in the Moral Life: A Dual-Process Account of Moral Justification.Leland F. Saunders - 2009 - In Jonathan Evans & Keith Frankish (eds.), In Two Minds: Dual Processes and Beyond. Oxford University Press. pp. 335--354.
    This chapter explores how morality can be rational if moral intuitions are resistant to rational reflection. There are two parts to this question. The normative problem is whether there is a model of moral justification which can show that morality is a rational enterprise given the facts of moral dumbfounding. Appealing to the model of reflective equilibrium for the rational justification of moral intuitions solves this problem. Reflective equilibrium views the rational justification of (...)
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  30.  9
    Retribution, Crime Reduction and the Justification of Punishment.David Wood - 2002 - Oxford Journal of Legal Studies 22 (2):301-321.
    The ‘dualist project’ in the philosophy of punishment is to show how retributivist and reductivist (utilitarian) considerations can be combined to provide an adequate justification of punishment. Three types of dualist theories can be distinguished—‘split‐level’, ‘integrated’ and ‘mere conjunction’. Split‐level theories (e.g. Hart, Rawls) must be rejected, as they relegate retributivist considerations to a lesser role. An attempted integrated theory is put forward, appealing to the reductivist means of deterrence. However, it cannot explain how the two types (...)
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  31.  60
    The Ethics of Medical Involvement in Capital Punishment: A Philosophical Discussion.Joseph B. R. Gaie - 2004 - Kluwer Academic.
    This book examines the extremely important issue of the consistency of medical involvement in ending lives in medicine, law and war. It uses philosophical theory to show why medical doctors may be involved at different stages of the capital punishment process. The author uses the theories of Emmanuel Kant and John S. Mill, combined with Gerwith's principle of generic consistency, to concretize ethics in capital punishment practice. This book does not discuss the moral justification of capital (...)
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  32.  61
    Mental Impairment, Moral Understanding and Criminal Responsibility: Psychopathy and the Purposes of Punishment.Cordelia Fine & Jeanette Kennett - 2004 - International Journal of Law and Psychiatry 27 (5):425-443.
    We have argued here that to attribute criminal responsibility to psychopathic individuals is to ignore substantial and growing evidence that psychopathic individuals are significantly impaired in moral understanding. They do not appear to know why moral transgressions are wrong in the full sense required by the law. As morally blameless offenders, punishment as a basis for detention cannot be justified. Moreover, as there are currently no successful treatment programs for psychopathy, nor can detention be justified on grounds (...)
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  33.  24
    Utilitarian Naturalism and the Moral Justification of Emotions.Kristján Kristjánsson - 2000 - International Journal of Applied Philosophy 14 (1):43-58.
    The virtue ethicist Rosalind Hursthouse has recently admitted that the commonly supposed link between a belief in the moral significance of human emotions and an adherence to virtue ethics may rest on a “historical accident,” and that utilitarians could, for instance, be equally concerned with emotions. The present essay takes up Hursthouse’s challenge and explores both what utilitarians have said and what they should say about the moral justification of emotions. Mill’s classical utilitarianism is rehearsed and applied (...)
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  34.  30
    Do We Really Want a Moral Justification of Our Basic Ideals?James R. Flynn - 1974 - Inquiry : An Interdisciplinary Journal of Philosophy 17 (1-4):151 – 173.
    It is commonly held that when there is a conflict of basic ideals, e.g. a humane man v. an elitist or a Social Darwinist or someone who holds a revenge ethic, no moral justification is possible. This paper attempts to go further and show that such a justification would be undesirable, would carry a price few would be willing to pay. The thesis is developed to shed light not only on classical thinkers (Plato, Locke, Kant) but also (...)
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  35.  2
    The Changing Moral Justification of Empire: From the Right to Colonise to the Obligation to Civilise.Camilla Boisen - 2013 - History of European Ideas 39 (3):335-353.
    This paper argues that the moral legitimating reasoning of terra nullius assumed an under-recognised, different guise in the later years of colonial justification in the form of trusteeship. The idea of terra nullius has a central place in the political thought of thinkers such as Grotius and Locke. Although terra nullius, consolidated in European colonial thought in the early modern period, differed conceptually from the doctrine of trusteeship as the colonial legitimation for Africa, both instituted a moral (...)
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  36. A Defense of Torture: Separation of Cases, Ticking Time-Bombs, and Moral Justification.Fritz Allhoff - 2005 - International Journal of Applied Philosophy 19 (2):243-264.
    In this paper, I argue for the permissibility of torture in idealized cases by application of separation of cases: if torture is permissible given any of the dominant moral theories (and if one of those is correct), then torture is permissible simpliciter and I can discharge the tricky business of trying to adjudicate among conflicting moral views. To be sure, torture is not permissible on all the dominant moral theories as at least Kantianism will prove especially recalcitrant (...)
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  37.  99
    The Justification of Punishment.Antony Flew - 1954 - Philosophy 29 (111):291 - 307.
    I want to discuss philosophically, to glance at the logic of, the parts of this expression “the justification of punishment” and then to draw from this discussion one or two morals for discussions of the justification of punishment. This paper is based on one originally given to the Scots Philosophy Club at its Aberdeen meeting in 1953, as the third part of a symposium on The Justification of Punishment.
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  38.  65
    The Justification of Punishment and the Justification of Political Authority.Michael Philips - 1986 - Law and Philosophy 5 (3):393 - 416.
    Philosophical accounts of punishment are primarily concerned with punishment by the (or: a) state. More specifically, they attempt to explain why the (a) state may justifiably penalize those who are judged to violate its laws and the conditions under which it is entitled to do so. But any full account of these matters must surely be grounded in an account of the nature and purpose of the state and the justification of state authority. Because they are not (...)
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  39.  36
    Questioning the Moral Justification of Political Violence: Recognition Conflicts, Identities and Emancipation.Cécile Lavergne - 2011 - Critical Horizons 12 (2):211-231.
    Basing its understanding on the two uses of the notion of violence in Honneth’s theory of recognition, this paper aims at developing a framework for the analysis of the thesis of the moral justification of political violence, whenever forms of political violence can be defined as legitimate struggles of recognition. Its contention is that the requalification of some forms of collective violence as recognition conflicts makes it possible to establish a hierarchy of justification for forms of violence (...)
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  40. The Moral Justification of Benefit/Cost Analysis: Donald C. Hubin.Donald C. Hubin - 1994 - Economics and Philosophy 10 (2):169-194.
    Benefit/cost analysis is a technique for evaluating programs, procedures, and actions; it is not a moral theory. There is significant controversy over the moral justification of benefit/cost analysis. When a procedure for evaluating social policy is challenged on moral grounds, defenders frequently seek a justification by construing the procedure as the practical embodiment of a correct moral theory. This has the apparent advantage of avoiding difficult empirical questions concerning such matters as the consequences of (...)
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  41.  88
    Coherentism and the Epistemic Justification of Moral Beliefs: A Case Study in How to Do Practical Ethics Without Appeal to a Moral Theory.Mylan Engel Jr - 2012 - Southern Journal of Philosophy 50 (1):50-74.
    This paper defends a coherentist approach to moral epistemology. In “The Immorality of Eating Meat”, I offer a coherentist consistency argument to show that our own beliefs rationally commit us to the immorality of eating meat. Elsewhere, I use our own beliefs as premises to argue that we have positive duties to assist the poor and to argue that biomedical animal experimentation is wrong. The present paper explores whether this consistency-based coherentist approach of grounding particular moral judgments on (...)
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  42.  9
    Contextualism and Moral Justification: A Discussion of Mark Timmons, Morality Without Foundations: A Defense of Ethical Contextualism.Friderik Klampfer - 2005 - Croatian Journal of Philosophy 5 (3):569-582.
    In his insightful and stimulating book Morality Without Foundations: A Defense of Ethical Contextualism, Mark Timmons presents a strong case for embracing contextualism as a vibrant alternative to the two rival accounts that used to dominate moral epistemology in the past, foundationalism and coherentism. His sophisticated version of contextualist moral epistemology comprises of several intriguing and mind-boggling theses: moral beliefs that lack Justification altogether can nevertheless be held in an epistemically responsible way; such unjustified beliefs can (...)
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  43. The Epistemic Value of Moral Considerations: Justification, Moral Encroachment, and James' 'Will To Believe'.Michael Pace - 2011 - Noûs 45 (2):239-268.
    A moral-pragmatic argument for a proposition is an argument intended to establish that believing the proposition would be morally beneficial. Since such arguments do not adduce epistemic reasons, i.e., reasons that support the truth of a proposition, they can seem at best to be irrelevant epistemically. At worst, believing on the basis of such reasoning can seem to involve wishful thinking and intellectual dishonesty of a sort that that precludes such beliefs from being epistemically unjustified. Inspired by an argument (...)
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  44. A Defense of Torture: Separation of Cases, Ticking Time-Bombs, and Moral Justification.Fritz Allhoff - 2005 - International Journal of Applied Philosophy 19 (2):243-264.
    In this paper, I argue for the permissibility of torture in idealized cases by application of separation of cases: if torture is permissible given any of the dominant moral theories, then torture is permissible simpliciter and I can discharge the tricky business of trying to adjudicate among conflicting moral views. To be sure, torture is not permissible on all the dominant moral theories as at least Kantianism will prove especially recalcitrant to granting moral license of torture, (...)
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  45.  7
    An Idealist Justification of Punishment : Kant, Hegel and the Problem of Punishment.Jane Johnson - unknown
    Though it involves significant harms and is a widespread and entrenched practice, legal punishment lacks a sure philosophical footing. In spite of frequent attempts by utilitarians, retributivists and so called "mixed solution" advocates the problem of justifying punishment remains. This book aims to redress this shortcoming by turning to the German thinkers Kant and Hegel and their idealism to fashion punishment's justification. In the case of Kant this is achieved by developing his construction of justice, while (...)
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  46.  2
    The Moral Justification of Civic Duties.Michal Sladecek - 2016 - Dialogue and Universalism 26 (2):99-112.
    In the first part of the article the concept of associative duties and their justification as distinctive from general moral duties are analyzed. The second part considers associative duties to fellow citizens and distinguishing features of those duties such as reciprocity, mutuality and equal status. In the final part the author deals with specific cases concerning refugees and stresses arguments as to why the associative duties of cocitizens should overcome duties to refugees, as well as the failures of (...)
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  47.  18
    The Relevance of Trust for Moral Justification.Theresa Weynand Tobin - 2011 - Social Theory and Practice 37 (4):599-628.
    In this paper, I argue that relationships of trust are often necessary for moral justification. Even if a moral claim is likely to be true, it may not be adequately justified, and thus may not have normative force, unless those who are to accept the claim have good reason to believe that the one entering the claim is a trustworthy moral interlocutor. The complexity of moral knowledge coupled with differences among people in moral experience, (...)
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  48.  21
    Moral Justification and Feelings of Adjustment to Military Law-Enforcement Situation: The Case of Israeli Soldiers Serving at Army Roadblocks.Shaul Kimhi & Shifra Sagy - 2008 - Mind and Society 7 (2):177-191.
    The research examined the use of moral justification as a mediating mechanism of stress, used by compulsory Israeli soldiers who had served at army roadblocks in the West Bank. Employing Bandura’s model of moral disengagement, we expected that the greater the justification of army roadblocks by the soldier, the more he would feel adjusted to army demands. Feelings of adjustment to this situation were examined using three components: cognitive, affective and behavioral. The sample was composed of (...)
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  49.  7
    Some Problems in the Justification of Moral Rights.Anton Leist - 1994 - Vienna Circle Institute Yearbook 2:43-55.
    “Having a moral right” in private and public debates probably is one of the most important arguments to bring some foundation to one’s claims. Within international law and politics, for example, one easily falls back on universal “human rights”, especially if neither a more subtle moral argument nor prudential reasons find a hold. But in some contrast to this agreement on the strong practical relevance of rights, both the conceptual analysis and normative justification of rights are rather (...)
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  50.  3
    Moral Pluralism, Moral Motivation, and Democracy: A Critique of Talisse's Epistemic Justification of Democracy.Paul Ott - 2011 - Contemporary Pragmatism 8 (2):145-162.
    In Democracy and Moral Conflict, Robert Talisse defends a folk epistemological justification of democracy. This is a universalist and non-moral justification that he deems necessary to accommodate moral pluralism. In contrast, I argue that this attempt fails to justify democracy, on three grounds. First, democracy cannot accommodate moral pluralism, as Talisse understands it. Second, Talisse's own conception of democracy is inconsistent with moral pluralism. And third, democracy requires moral justification and motivation, (...)
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