Results for 'argument, citizen testimony, civil unions, civility, conduct norm, discourse, grounded practical theory, reasonable hostility, public hearing, same-sex marriage'

977 found
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  1.  79
    Reasonable Hostility”: Its Usefulness and Limitation as a Norm for Public Hearings.Karen Tracy - 2011 - Informal Logic 31 (3):171-190.
    Reasonable hostility” is a norm of communicative conduct initially developed by studying public exchanges in education governance meetings in local U.S. communities. In this paper I consider the norm’s usefulness for and applicability to a U.S. state-level public hearing about a bill to legalize civil unions. Following an explication of reasonable hostility and grounded practical theory, the approach to inquiry that guides my work, I de-scribe Hawaii’s 2009, 18-hour pub-lic hearing and analyze (...)
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  2.  22
    Monologue, dilogue or polylogue: Which model for public deliberation?Marcin Lewinski & J. Anthony Blair - unknown
    Reasonable hostility” is a norm of communicative conduct initially developed by studying public exchanges in education governance meetings in local U.S. communities. In this paper I consider the norm’s usefulness for and applicability to a U.S. state-level public hearing about a bill to legalize civil unions. Following an explication of reasonable hostility and grounded practical theory, the approach to inquiry that guides my work, I describe Hawaii’s 2009, 18-hour public hearing and (...)
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  3. Why Liberal Neutrality Prohibits Same-Sex Marriage: Rawls, Political Liberalism, and the Family.Matthew B. O'Brien - 2012 - British Journal of American Legal Studies 1 (2):411-466.
    John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court (...)
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  4.  96
    What lies beyond same-sex marriage? Marriage, reproductive freedom and future persons in liberal public justification.Andrew F. March - 2009 - Journal of Applied Philosophy 27 (1):39-58.
    In this article I consider whether the legalization of sex-same marriage implies a right to incestuous marriage. I begin by suggesting that the liberal state get out of the 'marriage' business by leveling down to a universal civil union status. The question is then whether incestuous unions should be both legal and eligible for this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from (...)
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  5. Public Reason Liberalism and Sex-Neutral Marriage.Greg Walker - forthcoming - Ratio Juris.
    This article, forthcoming in the international legal philosophy journal Ratio Juris, responds to an article by Francis J. Beckwith arguing that the consistent application of liberal principles requires that same-sex marriage not be recognised in civil law. This response demonstrates that Beckwith’s article contains a series of interpretative and substantive flaws that render his argument unsuccessful. These relate to a misinterpretation of core liberal principles and a sidestepping of the matter of undue bias against same-sex partners. (...)
     
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  6.  61
    Public Reason Liberalism and Sex‐Neutral Marriage A Response to Francis J. Beckwith.Greg Walker - 2015 - Ratio Juris 28 (4):486-503.
    This article responds to an article by Francis J. Beckwith that argued that the consistent application of generic liberal principles requires that same-sex marriage not be recognised in civil law. This response demonstrates that Beckwith's article contains a series of interpretative and substantive flaws that render his argument unsuccessful. These relate to a misinterpretation of core liberal principles and a sidestepping of the matter of undue bias against same-sex partners. In correcting these flaws I tentatively propose (...)
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  7. Same-Sex Marriage and the Charge of Illiberality.Peter Brian Barry - 2011 - Social Theory and Practice 37 (2):333-357.
    However liberalism is best understood, liberals typically seek to defend a wide range of liberty. Since same-sex marriage [henceforth: SSM] prohibitions limit the liberty of citizens, there is at least some reason to suppose that they are inconsistent with liberal commitments. But some have argued that it is the recognition of SSM—not its prohibition—that conflicts with liberalism’s commitments. I refer to the thesis that recognition of SSM is illiberal as “The Charge.” As a sympathetic liberal, I take The (...)
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  8. From the Specter of Polygamy to the Spectacle of Postcoloniality: A Response to Bai on Confucianism, Liberalism, and the Same-Sex Marriage Debate.Yao Lin - 2022 - Politics and Religion 15 (1):215-227.
    In “Confucianism and Same-Sex Marriage,” published recently in Politics and Religion, Professor Tongdong Bai argues for a “moderate Confucian position on same-sex marriage,” one that supports its legalization and yet endeavors “to use public opinion and social and political policies to encourage heterosexual marriages, and to prevent same-sex marriages from becoming the majority form of marriages” (Bai 2021:146). Against the backdrop of downright homophobia prevalent among vocal Confucians in mainland China today, Bai claims that (...)
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  9. Marriage, sex and future persons in liberal public justification: Is there a right to incest?Andrew F. March - unknown
    In this article I consider whether there a right to incestuous marriage. I begin by suggesting that the liberal state get out of the "marriage" business by leveling down to a universal civil union or "registered domestic partnership" status. Removing the symbolism of the term "marriage" from political conflict, privatizing it in the same way as religion, would have the advantage of both consistency and political reconciliation. The question is then whether incestuous unions should be (...)
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  10.  28
    Debating Desire.David M. Craig - 2007 - Journal of the Society of Christian Ethics 27 (1):157-182.
    THE CIVIL RIGHTS PROTESTS OF THE 1950S AND 1960S WERE AS MUCH about challenging normative conceptions of good desire as they were about claiming individual rights. Staged as rituals, these protests dramatized the social borders and sentiments existing in American society, and they performed a transforming vision of the desires and purposes appropriate to democratic citizens and institutions. This analysis of the reason-giving potential of ritual challenges John Rawls's criterion of "reciprocity" as the constraint on public reason and (...)
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  11.  92
    Breve storia dell'etica.Sergio Cremaschi - 2012 - Roma RM, Italia: Carocci.
    The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...)
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  12. L'etica del Novecento. Dopo Nietzsche.Sergio Cremaschi - 2005 - Roma RM, Italia: Carocci.
    TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task was (...)
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  13. Why same-sex marriage is unjust.James S. Spiegel - 2016 - Think 15 (43):81-90.
    Proponents of same-sex marriage often defend their view by appealing to the concept of justice. But a significant argument from justice against same-sex marriage can be made also, as follows. Heterosexual union has special social value because it is the indispensable means by which humans come into existence. What has special social value deserves special recognition and sanction. Civil ordinances that recognize same-sex marriage as comparable to heterosexual marriage constitute a rejection of (...)
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  14.  25
    Marriage for all ?! A corpus-assisted discourse analysis of the marriage equality debate in Germany.Ursula Kania - 2019 - Critical Discourse Studies 17 (2):138-155.
    ABSTRACTThis study is situated within corpus-assisted discourse analysis. Corpora and discourse studies: Integrating discourse and corpora. London: Palgrave Macmillan.) and provides a critical discussion of key topics and stances in the marriage equality debate in Germany. The ways in which the German print media covered the debate are explored through two corpora which include relevant texts from three German newspapers and two magazines from two key periods ; in 2001, Germany introduced ‘civil unions’ but it was only in (...)
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  15. Is the state endorsement of any marriage justifiable? Same-sex marriage, civil unions, and the marriage privatization model.Lawrence Torcello - 2008 - Public Affairs Quarterly 22 (1):43-61.
  16. Pornography and Public Reason.Lori Watson - 2007 - Social Theory and Practice 33 (3):467-488.
    This paper has two major goals: First, I argue that Catharine MacKinnon’s and Andrea Dworkin’s anti-pornography activism was an act of public reason and their arguments public reasons arguments. Thus, MacKinnon’s argument that pornography is best understood as a practice of sex discrimination is a public reason argument—and so can be defended as grounded in liberal political principles. Political liberalism, as I defend it, can support MacKinnon’s approach to pornography as embodied in a civil rights (...)
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  17. Gleiche Gerechtigkeit: Grundlagen eines liberalen Egalitarismus.Stefan Gosepath - 2004 - Frankfurt am Main: Suhrkamp.
    Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...)
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  18.  49
    The Principle of Civility in Academic Discourse.Forest Hansen - 2011 - Philosophy of Music Education Review 19 (2):198-200.
    In lieu of an abstract, here is a brief excerpt of the content:In Dialogue:The Principle of Civility in Academic DiscourseForest HansenSeveral months ago New York Times columnist David Brooks addressed the lack of civility in recent public discourse. "So... you get narcissists who believe they or members of their party possess direct access to the truth.... You get people who prefer monologues to dialogue.... You get people who... loathe their political opponents."1One might think that by contrast academia, and especially (...)
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  19.  84
    Justificatory Liberalism and Same‐Sex Marriage.Francis J. Beckwith - 2013 - Ratio Juris 26 (4):487-509.
    Supporters of Justificatory Liberalism (JL)—such as John Rawls and Gerard Gaus—typically maintain that the state may not coerce its citizens on matters of constitutional essentials unless it can provide public justification that the coerced citizens would be irrational in rejecting. The state, in other words, may not coerce citizens whose rejection of the coercion is based on their reasonable comprehensive doctrines (i.e., worldviews). Proponents of the legal recognition of same-sex marriage (SSM) usually offer some version of (...)
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  20.  28
    Values and Valuations in Judicial Discourse. A Corpus-Assisted Study of (Dis)Respect in US Supreme Court Decisions on Same-Sex Marriage.Stanisław Goźdź-Roszkowski - 2018 - Studies in Logic, Grammar and Rhetoric 53 (1):61-79.
    This paper investigates the role of (DIS)RESPECT a value premise in two landmark civil rights cases given by the United States Supreme Court. It adopts a corpus-assisted approach whereby a keyword analysis and the analysis of key semantic domains are used to identify potential values relied upon by judges in their justifications. The two categories of NO RESPECT and RESPECTED have been selected and examined as one domain of (DIS)RESPECT. (DIS)RESPECT turns out to be the only value marked by (...)
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  21. Equal protection and same-sex marriage.Kory Schaff - 2006 - Journal of Social Philosophy 35 (1):133–147.
    This paper examines constitutional issues concerning same-sex marriage. Although same-sex relations concern broader ethical issues as well, I set these aside to concentrate primarily on legal questions of privacy rights and equal protection. While sexual orientation is neither a suspect classification like race, nor a quasi classification like gender, there are strong reasons why it should trigger heightened scrutiny of legislation using sexuality as a standard of classification. In what follows, I argue that equal-protection doctrine is better (...)
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  22. Public or Private Good? The Contested Meaning of Marriage.Brook J. Sadler - 2010 - Social Philosophy Today 26:23-38.
    Addressing controversy over same-sex marriage, I defend the privatization response: disestablish civil marriage, leaving the question of same-sex marriage to private organizations; detach civil rights from erotic affiliation; and grant legal equality through the mechanism of civil unions. However, the privatization response does not fully address one key conservative argument to the effect that (heterosexual) marriage constitutes a public good of such importance that civil society has a sustaining interest (...)
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  23.  43
    From Social Practices to Reflective Agency: a Postsecular Ethics of Citizenship.Paolo Monti - 2017 - In David Thunder, The Ethics of Citizenship in the 21st century. Cham: Springer. pp. 127-144.
    The ethical features of citizenship in democratic societies have been explored from several perspectives. This account is based on the analysis of our condition as co-practitioners in civil society and aims to address the public role of religions and to include multiple forms of citizenship. Under conditions of pluralism, one’s involvement in cooperative practices is shaped and unsettled by the presence of co-practitioners who carry different self-understandings about the relationship between their beliefs and their social agency. Social cooperation (...)
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  24. Kant, political liberalism, and the ethics of same-sex relations.Kory Schaff & Kory P. Schaff - 2001 - Journal of Social Philosophy 32 (3):446–462.
    I argue that there is nothing in Kant’s moral theory that legitimates condemnation of same-sex relations and that the arguments from natural ends Kant relies on in doing so are unjustified by the constraints placed upon morality to avoid the empirical determination of judgments. In order to make clear why same-sex activity does not contradict the requirements of the moral law, we need to understand Kant’s account of legitimate sexual activity. I provide this reconstruction in the first section, (...)
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  25.  24
    The Declaration of Independence: Inalienable Rights, the Creator, and the Political Order.Christopher Kaczor - 2023 - Nova et Vetera 21 (1):249-274.
    In lieu of an abstract, here is a brief excerpt of the content:The Declaration of Independence:Inalienable Rights, the Creator, and the Political OrderChristopher KaczorPierre Manent puts his finger on numerous problems that arise from an emphasis on human rights that is detached from any consideration of human nature, the Creator, or the traditions that inform human practice. In his book Natural Law and Human Rights: Towards a Recovery of Practical Wisdom, Manent writes: "Let us dwell a moment on the (...)
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  26. Is There a Right to Polygamy? Marriage, Equality and Subsidizing Families in Liberal Public Justification.Andrew March - 2011 - Journal of Moral Philosophy 8 (2):246-272.
    This paper argues that the four most plausible arguments compatible with public reason for an outright legal ban on all forms of polygamy are unvictorious. I consider the types of arguments political liberals would have to insist on, and precisely how strongly, in order for a general prohibition against polygamy to be justified, while also considering what general attitude towards "marriage" and legal recognition of the right to marry are most consistent with political liberalism. I argue that a (...)
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  27. Political liberalism, free speech and public reason.Matteo Bonotti - 2015 - European Journal of Political Theory 14 (2):180-208.
    In this paper, I critically assess John Rawls' repeated claim that the duty of civility is only a moral duty and should not be enforced by law. In the first part of the paper, I examine and reject the view that Rawls' position may be due to the practical difficulties that the legal enforcement of the duty of civility might entail. I thus claim that Rawls' position must be driven by deeper normative reasons grounded in a conception of (...)
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  28. New Natural Law Theory and the Grounds of Marriage.Joshua D. Goldstein - 2011 - Social Theory and Practice 37 (3):461-482.
    New natural lawyers--notably Grisez, Finnis, and George--have written much on civil marriage's moral boundaries and grounds, but with slight influence. The peripheral place of the new natural law theory (NNLT) results from the marital grounds they suggest and the exclusionary moral conclusions they draw from them. However, I argue a more authentic and attractive NNLT account of marriage is recoverable through overlooked resources within the theory itself: friendship and moral self-constitution. This reconstructed account allows us to identify (...)
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  29.  76
    Civil Disobedience, Climate Protests and a Rawlsian Argument for ‘Atmospheric’ Fairness.Simo Kyllönen - 2014 - Environmental Values 23 (5):593-613.
    Activities protesting against major polluters who cause climate change may cause damage to private property in the process. This paper investigates the case for a more international general basis of moral justification for such protests. Specific reference is made to the Kingsnorth case, which involved a protest by Greenpeace against coal-powered electricity generation in the UK. An appeal is made to Rawlsian fairness arguments, traditionally employed to support the obligation of citizens to their national governments as opposed to their international (...)
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  30. Sex, Love, and Gender: A Kantian Theory.Helga Varden - 2020 - Oxford, UK: Oxford University Press.
    Sex, Love, and Gender is the first volume to present a comprehensive philosophical theory that brings together all of Kant's practical philosophy — found across his works on ethics, justice, anthropology, history, and religion — and provide a critique of emotionally healthy and morally permissible sexual, loving, gendered being. By rethinking Kant's work on human nature and making space for sex, love, and gender within his moral accounts of freedom, the book shows how, despite his austere and even anti-sex, (...)
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  31.  27
    Marriage unhitched from the state: a defense.Jeremy R. Garrett - 2009 - Public Affairs Quarterly 23 (2):161-180.
    In 1970, President Richard Nixon expressed his unambiguous support for interracial marriage; as for same-sex marriage, he exclaimed, "I can't go that far—that's the year 2000" . Nixon's prescient remark, made shortly after the Supreme Court's 1967 decision in Loving v. Virginia to overturn anti-miscegenation laws, expresses at once hesitancy for, yet resigned acceptance of, the inevitable expansion of civil marriage to include more and more kinds of loving partnerships. Nearly forty years later, Nixon's uncanny (...)
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  32.  56
    Habermas, same-sex marriage and the problem of religion in public life.Darren R. Walhof - 2013 - Philosophy and Social Criticism 39 (3):225-242.
    This article addresses the debate over religion in the public sphere by analysing the conception of ‘religion’ in the recent work of Habermas, who claims to mediate the divide between those who defend public appeals to religion without restriction and those who place limits on such appeals. I argue that Habermas’ translation requirement and his restriction on religious reasons in the institutional public sphere rest on a conception of religion as essentially apolitical in its origin. This conception, (...)
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  33. The gay marriage debate – afterthoughts.Piers Benn - 2014 - Think 13 (36):23-31.
    This article analyses some familiar arguments both for, and against, same-sex civil marriage. I argue that it is not enough to defend gay marriage by a simple appeal to equality, unless one addresses the view that same-sex marriage would be contrary to the objective nature and purpose of marriage. I illustrate the ways in which a stand-off is reached in discussions of this particular matter. I also suggest that there is a mystery about (...)
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  34.  32
    Saving Persuasion: A Defense of Rhetoric and Judgment (review).James Arnt Aune - 2008 - Philosophy and Rhetoric 41 (1):94-99.
    In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Saving Persuasion: A Defense of Rhetoric and JudgmentJames Arnt AuneSaving Persuasion: A Defense of Rhetoric and Judgment. Bryan Garsten. Cambridge, Mass: Harvard University Press, 2006. Pp. xii + 276. $45.00, hardcover.Something of what rhetoricians perennially run up against in modern political philosophy is illustrated by a recent article by Jürgen Habermas in Communication Theory. In a searing indictment of contemporary democracy and the mass media, Habermas writes, "Issues (...)
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  35.  18
    Reading DeBoer and Obergefell through the “Moral Readings Versus Originalisms”. Debate: from Constitutional “Empty Cupboards” to Evolving Understandings.Linda C. McClain - 2017 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (11).
    This essay assesses the debate over “moral reading” and “originalist” approaches to constitutional interpretation, as elaborated in James E. Fleming, Fidelity to Our Imperfect Constitution: For Moral Readings and Against Originalism (2015), by evaluating the recent, momentous constitutional controversy in the United Sates of America over access by same-sex couples to civil marriage. Justice Kennedy’s landmark majority opinion in Obergefell v. Hodges (2015), which held that such couples have a fundamental right to marry, employed a “moral reading” (...)
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  36.  28
    Revolutionary Eros.Duston Moore - 2001 - Ethical Perspectives 8 (3):202-220.
    The Western democracies of the twentieth century have witnessed an unprecedented upheaval in their popular cultures' normative behaviour concerning gender roles and sexual identities. Concurrently, there has been a marked proliferation in the nature and distribution of erotic images and material. From the statistics concerning divorce to the legal accommodation of same-sex relationships, evidence of the impact of this sexual revolution is manifold. Perhaps this profound shift is most clearly reflected in the entertainment and advertising industries. The sitcom, that (...)
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  37.  28
    Tax Law System and Charging Principles.Egidija Puzinskaitė & Romanas Klišauskas - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (2):675-695.
    Relying on the systematic, logical, and analytical methods, national legislation and some internationally accepted guidelines, as well as on the research conducted by the Lithuanian scientists and law practitioners, this article consistently and comprehensively deals with the problems arising in the areas of interpretation and application of tax law. The article examines the relevant tax concepts, studies the tax law system, deals with the relevant issues arising in the field of application of legal regulations on taxation, and provides a particularly (...)
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  38. Same-Sex Marriage and Equality.Reginald Williams - 2011 - Ethical Theory and Moral Practice 14 (5):589-595.
    Some argue that same-sex marriage is not an equal rights issue because, where same-sex marriage is illegal, heterosexuals and homosexuals have the exact same right to marry—i.e., the right to marry one adult of the opposite sex. I dispute this argument by pointing out that while societies that prohibit same-sex marriage equally permit individual heterosexuals and homosexuals to marry one adult of the opposite sex, same-sex couples in such societies are denied an (...)
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  39.  88
    The Space of Argumentation: Urban Design, Civic Discourse, and the Dream of the Good City. [REVIEW]David Fleming - 1998 - Argumentation 12 (2):147-166.
    In this paper, I explore connections between two disciplines not typically linked: argumentation theory and urban design. I first trace historical ties between the art of reasoned discourse and the idea of civic virtue. I next analyze discourse norms implicit in three theories of urban design: Jane Jacobs' The Death and Life of Great American Cities (1961), Christopher Alexander's A Pattern Language: Towns, Buildings, Construction (1977), and Peter Katz's The New Urbanism: Toward an Architecture of Community (1994). I then propose (...)
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  40.  24
    Battlefield Triage.Christopher Bobier & Daniel Hurst - 2024 - Voices in Bioethics 10.
    Photo ID 222412412 © US Navy Medicine | Dreamstime.com ABSTRACT In a non-military setting, the answer is clear: it would be unethical to treat someone based on non-medical considerations such as nationality. We argue that Battlefield Triage is a moral tragedy, meaning that it is a situation in which there is no morally blameless decision and that the demands of justice cannot be satisfied. INTRODUCTION Medical resources in an austere environment without quick recourse for resupply or casualty evacuation are often (...)
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  41. Re-thinking Civil Unions and Same-Sex Marriage.Brook J. Sadler - 2008 - The Monist 91 (3-4):578-605.
  42.  33
    Same-Sex Marriage and the Church.Michael Gurney - 2014 - Philosophia Christi 16 (2):395-406.
    The contentious debate over same-sex marriage raises significant questions about the public relevance of theistic ethics in addressing broad social issues beyond the moral boundaries of the Christian community. Using the issue of same-sex marriage as a case study, it is argued that “natural law” kinds of arguments can provide epistemic support as “public reasons” for cogent theological-based arguments against same-sex marriage and can be successfully defended against frequent objections to the use (...)
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  43.  18
    Political Affections: Civic Participation and Moral Theology by Joshua Hordern.Michael P. Jaycox - 2015 - Journal of the Society of Christian Ethics 35 (1):213-215.
    In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Political Affections: Civic Participation and Moral Theology by Joshua HordernMichael P. JaycoxPolitical Affections: Civic Participation and Moral Theology By Joshua Hordern NEW YORK: OXFORD UNIVERSITY PRESS, 2013. 312 PP. $125.00Hordern asks his reader to consider that the decline of participatory democracy in Western societies may be ameliorated by a renewed appreciation of the role of emotions in politics. Creatively retrieving many elements of the Augustinian tradition, he argues (...)
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  44.  21
    Eternal peace and world citizen order.Marinko Lolic - 2004 - Filozofija I Društvo 2004 (25):27-41.
    In this paper the author examines the key principles of Kant's conception of eternal peace and the possibility of an international legal order grounded in Reason. The central segment of the paper consists of an analysis of the problem of mediation between Kant's normative theory and political practice. U radu se razmatraju kljucni principi Kantove koncepcije Vecnog mira i mogucnosti umnog utemeljenja medjunarodnog pravnog poretka. Glavni deo ovog rada predstavlja analiza problema posredovanja izmedju Kantove normativne teorija i savremene politicke (...)
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  45.  15
    Same-Sex Marriage in the Americas: Policy Innovation for Same-Sex Relationships.Jason Pierceson, Adriana Piatti-Crocker & Shawn Schulenberg (eds.) - 2010 - Lexington Books.
    This book explores policy innovation for same-sex couples throughout the Americas and includes same-sex marriage legislation, civil unions, and other new developments for same-sex couples throughout the Americas at both national and sub-national levels. This scholarship is innovative because though much has been written regarding developments in North America, there is very little work dealing with recent developments in the rest of the Americas.
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  46.  24
    Property and Sovereignty Imbricated: Why Religion Is Not an Excuse to Discriminate in Public Accommodations.Joseph William Singer - 2017 - Theoretical Inquiries in Law 18 (2):519-546.
    May a hotel owner that objects to same-sex marriage on religious grounds refuse to host a same-sex wedding in its ballroom or deny the couple the right to book the honeymoon suite? Do public accommodation laws oppress religious dissidents by forcing them to act contrary to their religious beliefs or does discriminatory exclusion threaten equal access to the market economy and deny equal citizenship to LGBTQ persons? Answering these questions requires explaining why one property claim should (...)
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  47.  36
    Restriction of Polygyny by the Public Authority in Islamic Law.İbrahim Yilmaz - 2019 - Cumhuriyet İlahiyat Dergisi 23 (1):5-28.
    Polygyny, the marriage of a man with more than one woman at the same time is a well-known practiced in human history. Islamic law accepts the institution of polygyny as a substitute provision if it fulfills the certain conditions and reasons, -and limited the maximum number of wives to four. Although polygyny is mubah (permissible) in Islamic law, it is not an absolute right that every man can use arbitrarily. Thus in Islamic law, the legitimacy of polygyny has (...)
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  48. The Fundamental Argument for Same Sex Marriage.Ralph Wedgwood - 1999 - Journal of Political Philosophy 7 (3):225–242.
    This paper offers an argument in favour of the conclusion that it is seriously unjust to exclude same-sex couples from the institution of civil marriage. The argument is based on an interpretation of what the institution of marriage essentially is, and of its essential rationale; the crucial claim is that although marriage is a legal institution, it is also a social institution, involving a "social meaning" -- a body of common knowledge and expectations about (...) that is generally shared throughout society. (shrink)
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  49.  39
    Conjugal Union, What Marriage Is and Why It Matters.Patrick Lee & Robert P. George - 2014 - Cambridge University Press.
    This book defends the conjugal view of marriage. Patrick Lee and Robert P. George argue that marriage is a distinctive type of community: the union of a man and a woman who have committed to sharing their lives on every level of their beings (bodily, emotionally, and spiritually) in the kind of union that would be fulfilled by conceiving and rearing children together. The comprehensive nature of this union, and its intrinsic orientation to procreation as its natural fulfillment, (...)
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  50. Same-Sex Marriage, Polygamy, and Disestablishment.Vaughn Bryan Baltzly - 2012 - Social Theory and Practice 38 (2):333-362.
    The Progressive favors extending the legal institution of marriage so as to include same-sex unions along with heterosexual ones. The Traditionalist opposes such an extension, preferring to retain the legal institution of marriage in its present form. I argue that the Progressive ought to broaden her position, endorsing instead the Liberal case for extending the current institution so as to include polygamous unions as well—for any consideration favoring Progressivism over Traditionalism likewise favors Liberalism over Progressivism. Progressives inclined (...)
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