Results for 'hybrid theories of justice'

962 found
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  1.  83
    A hybrid formal theory of arguments, stories and criminal evidence.Floris J. Bex, Peter J. van Koppen, Henry Prakken & Bart Verheij - 2010 - Artificial Intelligence and Law 18 (2):123-152.
    This paper presents a theory of reasoning with evidence in order to determine the facts in a criminal case. The focus is on the process of proof, in which the facts of the case are determined, rather than on related legal issues, such as the admissibility of evidence. In the literature, two approaches to reasoning with evidence can be distinguished, one argument-based and one story-based. In an argument-based approach to reasoning with evidence, the reasons for and against the occurrence of (...)
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  2.  56
    Hybrid Texts and Uniform Law? The Multilingual Case Law of the Court of Justice of the European Union.Karen McAuliffe - 2011 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 24 (1):97-115.
    The case law of the Court of Justice of the European Union is shaped by the language in which it is drafted—i.e. French. However, because French is rarely the mother tongue of those drafting that case law, the texts produced are often stilted and awkward. In addition, those drafting such case law are constrained in their use of language and style of writing. These factors have led to the development of a ‘Court French’ which necessarily shapes the case law (...)
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  3.  47
    (1 other version)Hybrid Speech Acts: A Theory of Normative Thought and Language That ‘Has It Both Ways’.Andrew Morgan - 2016 - European Journal of Philosophy 24 (4).
    In this essay, I propose a novel hybrid metanormative theory. According to this theory, speakers making normative claims express both cognitive and motivational attitudes in virtue of the constitutive norms of the particular speech acts they perform. This view has four principal virtues: it is consistent with traditional semantic theories, it supports a form of motivational judgment internalism that does justice to externalist intuitions, it illuminates the connection between normative language and normative thought, and it explains how (...)
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  4.  63
    Freedom, recognition and non-domination: a republican theory of (global) justice.Fabian Schuppert (ed.) - 2013 - New York: Springer.
    This book offers an original account of a distinctly republican theory of social and global justice. The book starts by exploring the nature and value of Hegelian recognition theory. It shows the importance of that theory for grounding a normative account of free and autonomous agency. It is this normative account of free agency which provides the groundwork for a republican conception of social and global justice, based on the core-ideas of freedom as non-domination and autonomy as non-alienation. (...)
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  5. Distributive sufficiency, inequality-blindness and disrespectful treatment.Vincent Harting - 2024 - Critical Review of International Social and Political Philosophy 27 (4):429-440.
    Sufficientarian theories of distributive justice are often considered to be vulnerable to the ‘blindness to inequality and other values objection’. This objection targets their commitment to holding the moral irrelevance of requirements of justice above absolute thresholds of advantage, making them insufficiently sensitive to egalitarian moral concerns that do have relevance for justice. This paper explores how sufficientarians could reply to this objection. Particularly, I claim that, if we accept that the force of the aforementioned objection (...)
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  6.  15
    Fairness in Military Care: Might a Hybrid Concept of Equity Be the Answer?Frederic Gilbert, Ian Stevens & Samia Hurst - 2023 - In Sheena M. Eagan & Daniel Messelken (eds.), Resource Scarcity in Austere Environments: An Ethical Examination of Triage and Medical Rules of Eligibility. Springer Verlag. pp. 155-171.
    Applying equity to health care is difficult and it is especially challenging when applied to cases that involve urgent military medicine care under resource scarcity. Part of the difficulty centers on the concept of equity itself. It is not clear what the best concept of equity applicable to medical care would be, or that there should be only one, or the same ones, across all levels of military health care. Despite the fact that equity is a key concern in health (...)
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  7.  1
    Hybrid wellbeing and the value of freedom.Pietro Intropi - forthcoming - Economics and Philosophy:1-19.
    Which implications follow for the value of freedom on a hybrid account of wellbeing that appeals to endorsement? On the basis of Olsaretti’s empirical claim that one is unlikely to endorse wellbeing when one is forced to achieve it, I show that standardly on the hybrid account there is a reason to protect people’s freedom to dysfunction, and hence that the freedoms to dysfunction are valuable. I also discuss whether freedom is non-specifically valuable on grounds of endorsement. I (...)
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  8. Knowing me, knowing you: Theory of mind and the machinery of introspection.Philip Robbins - 2004 - Journal of Consciousness Studies 11 (7-8):129-143.
    Does the ability to know one's own mind depend on the ability to know the minds of others? According to the 'theory theory' of first-person mentalizing, the answer is yes. Recent alternative accounts of this ability, such as the 'monitoring theory', suggest otherwise. Focusing on the issue of introspective access to propositional attitudes , I argue that a better account of first-person mentalizing can be devised by combining these two theories. After sketching a hybrid account, I show how (...)
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  9. Against hybrid theories of concepts.Edouard Machery & Selja Säppälä - unknown
    Psychologists of concepts’ traditional assumption that there are many properties common to all concepts has been subject to devastating critiques in psychology and in the philosophy of psychology. However, it is currently unclear what approach to concepts is best suited to replace this traditional assumption. In this article, we compare two competing approaches, the Heterogeneity Hypothesis and the hybrid theories of concepts, and we present an empirical argument that tentatively supports the former over the latter.
     
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  10. Hybrid Theory of Legal Statements and Disagreement on the Content of Law.M. Wieczorkowski - manuscript
    Disagreement is a pervasive feature of human discourse and a crucial force in shaping our social reality. From mundane squabbles about matters of taste to high-stakes disputes about law and public policy, the way we express and navigate disagreement plays a central role in both our personal and political lives. Legal discourse, in particular, is rife with disagreement - it is the very bread and butter of courtroom argument and legal scholarship alike. Consider a debate between two legal philosophers, Ronald (...)
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  11.  22
    The Hybrid Theory of Stories and Arguments Applied to the Simonshaven Case.Floris J. Bex - 2020 - Topics in Cognitive Science 12 (4):1152-1174.
    Bex analyzes the case with an informal version of his hybrid theory, which combines scenario construction and argumentation. Arguments based on evidence can be used to reason about alternative scenarios. Bex claims that his hybrid theory provides the best of both worlds by combining cognitively feasible story‐based reasoning with more detailed rational argumentation. However, like the argument‐based approach, the hybrid theory does not provide a systematic account of uncertainty.
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  12. On ‘HybridTheories of Personal Good.Thomas Hurka - 2019 - Utilitas 31 (4):450-462.
    Hybridtheories of personal good, defended by e.g. Parfit, Wolf, and Kagan, equate it, not with a subjective state such as pleasure on its own, nor with an objective state such as knowledge on its own, but with a whole that supposedly combines the two. These theories apply Moore's principle of organic unities, which says the value of a whole needn't equal the sum of the values its parts would have by themselves. This allows them, defenders say, (...)
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  13.  74
    A Theory of Justice for Animals: Animal Rights in a Nonideal World.Robert Garner - 2013 - New York: Oup Usa.
    This innovative book is the first to couch the debate about animals in the language of justice, and the first to develop both ideal and nonideal theories of justice for animals. It rejects the abolitionist animal rights position in favor of a revised version of animal rights centering on sentience.
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  14.  23
    Raising the profile of fairness and justice in medical practice and policy.Raanan Gillon - 2020 - Journal of Medical Ethics 46 (12):789-790.
    Justice, one of the four Beauchamp and Childress prima facie basic principles of biomedical ethics, is explored in two excellent papers in the current issue of the journal. The papers stem from a British Medical Association essay competition on justice and fairness in medical practice and policy. Although the competition was open to all comers, of the 235 entries both the winning paper by Alistair Wardrope1 and the highly commended runner-up by Zoe Fritz and Caitríona Cox2 were written (...)
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  15. (1 other version)Theories of Justice.Brian Barry - 1991 - Philosophy and Public Affairs 20 (3):264-279.
     
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  16. A Theory of Justice – en radikal vision om det fullständigt rättvisa samhället.Emil Andersson - 2021 - Tidskrift För Politisk Filosofi 25 (2-3):4-28.
    John Rawls A Theory of Justice har haft ett monumentalt inflytande på den moderna politiska filosofin. Jag försöker här genom några nedslag i den nutida diskussionen förmedla en bild av detta inflytande, och av bokens fortsatta filosofiska relevans. Jag inleder med en kort presentation av huvuddragen i Rawls rättviseteori. Efter det går jag igenom, och bemöter, kritiken mot idealteori. Jag diskuterar sedan förhållandet mellan rättvisa och ekonomisk ojämlikhet, och förklarar varför teorin är radikalare än vad många kritiker insett. Slutligen (...)
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  17.  28
    Rawls’ Theory of Justice in the Context of Mental Disorders.Kristina Lekić Barunčić - 2023 - Filozofska Istrazivanja 43 (3):451-467.
    awls’ theory of justice is the subject of numerous criticisms due to the impossibility of adequately including people with mental disabilities, either as legislators or as beneficiaries of the principle of justice. Martha Nussbaum’s criticism is directed at the question of the legislative group and the possibility of including the interests of persons who, due to the criteria of rationality and reasonableness, are excluded from the process of forming fundamental principles of justice. In this paper, I recognize (...)
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  18. (1 other version)A Theory of Justice.John Rawls - 1971 - Oxford,: Harvard University Press. Edited by Steven M. Cahn.
    Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.
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  19.  24
    Theories of justice underpinning equity in education for refugee and asylum-seeking youth in the U.S.: considering Rawls, Sandel, and Sen.Catherine Ward - 2020 - Ethics and Education 15 (3):315-335.
    This paper probes theories of justice underpinning the concept of equity to deconstruct the term and ascertain how best to equitably support refugee and asylum-seeking youth in U.S. schools. Building upon theories posited by John Rawls, Michael Sandel, and Amartya Sen, the paper aims to extend beyond ideal theory into a theoretical framework of equity with operationalizing potential. Recognizing refugee and asylum-seeking youth as part of the U.S. social contract and therefore bound to government support, the paper (...)
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  20. A Theory of Justice: Original Edition.John Rawls - 2005 - Belknap Press.
    Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
  21.  11
    Theories of Justice, Profane and Prophetic: Gershom Scholem on the Bolshevik Revolution.Eric Levi Jacobson - unknown
    ERIC JACOBSON, Theories of Justice, Profane and Prophetic: Scholem on the Bolshevik Revolution. with commentary drawn from Walter Benjamin's Critique of Violence) in: Gershom Scholem. In Memoriam, Vol. II. Jerusalem Studies in Jewish Thought, No. 21, ed. Joseph Dan, Jerusalem: The Hebrew University of Jerusalem, 2007, 59-75.
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  22. The Aim of a Theory of Justice.Martijn Boot - 2012 - Ethical Theory and Moral Practice 15 (1):7-21.
    Amartya Sen argues that for the advancement of justice identification of ‘perfect’ justice is neither necessary nor sufficient. He replaces ‘perfect’ justice with comparative justice. Comparative justice limits itself to comparing social states with respect to degrees of justice. Sen’s central thesis is that identifying ‘perfect’ justice and comparing imperfect social states are ‘analytically disjoined’. This essay refutes Sen’s thesis by demonstrating that to be able to make adequate comparisons we need to identify (...)
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  23.  60
    A theory of justice: Revised edition.A. J. Walsh - 2001 - Australasian Journal of Philosophy 79 (3):447.
    Book Information A Theory of Justice: Revised Edition. By John Rawls. Oxford University Press. Oxford. 1999. Pp. xxii + 538. Hardback, £25.00. Paperback, £12.99.
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  24. Hybrid Theories of Moral Statements.Stephen Barker - 2013 - In Hugh LaFollette (ed.), The International Encyclopedia of Ethics. Hoboken, NJ: Blackwell.
    Hybrid theories are metaethical theories concerning the content of sentences about moral value. These theories claim that sentences with ethical content express two kinds of mental state. One state is an affect‐like state. The other is a belief‐like state. The expressed affect‐like state will involve a moral attitude of some kind, such as approval, but it is not part of the truth‐conditions of the sentence. We can divide hybridists into two kinds.
     
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  25. The hybrid theory of time.Neil McKinnon - 1999 - Philosophical Papers 28 (1):37-53.
    Time passes; sometimes swiftly, sometimes interminably, but always it passes. We see the world change as events emerge from the shroud of the future, clandestinely slinking into the past almost immediately as though they are reluctant to meet our gaze: children are born, old friends and relatives die, governments once full of youthful enthusiasm wane. If the Earth were sentient, it might feel itself being torn apart as tectonic plates diverge, and chuckle as it outlived species upon species of transient (...)
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  26.  39
    A Theory of Justice Fifty Years Later.Andrius Gališanka - 2021 - European Journal of Political Theory 20 (4):782-792.
    John Rawls's A Theory of Justice has reshaped liberal political theory, but what fruitful arguments does it generate today, fifty years after its publication? To show Theory's productive contempora...
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  27. The hybrid theory of mixed quotation.Savas L. Tsohatzidis - 1998 - Mind 107 (427):661-664.
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  28. A Theory of Justice: Revised Edition.John Rawls - 1999 - Harvard University Press.
    Previous edition, 1st, published in 1971.
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  29.  37
    Entitlement theory of justice and end-state fairness in the allocation of goods.Biung-Ghi Ju & Juan D. Moreno-Ternero - 2018 - Economics and Philosophy 34 (3):317-341.
    :Robert Nozick allegedly introduced his liberal theory of private ownership as an objection to theories of end-state justice. Nevertheless, we show that, in a stylized framework for the allocation of goods in joint ventures, both approaches can be seen as complementary. More precisely, in such a context, self-ownership followed by voluntary transfer can lead to end-state fairness. Furthermore, under a certain solidarity condition, the only way to achieve end-state fairness, following Nozick’s procedure, is to endorse an egalitarian rule (...)
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  30.  11
    A Perfectionist Theory of Justice: Replies to Billingham, Laborde and Quong.Collis Tahzib - forthcoming - Critical Review of International Social and Political Philosophy.
    This paper responds to contributions by Paul Billingham, Cécile Laborde and Jonathan Quong to a symposium on A Perfectionist Theory of Justice in Critical Review of International Social and Political Philosophy.
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  31.  70
    (1 other version)The Hybrid Theory of Reference for Proper Names.Filip Kawczynski - 2010 - In Piotr Stalmaszczyk (ed.), Objects of Inquiry in Philosophy of Language and Linguistics. Ontos Verlag. pp. 137-150.
    In this paper, I present main ideas of the Hybrid Theory of Reference for Proper Names. First, I try to define the ​position of the Hybrid Theory within the discussion about reference. Then I briefly explain most significant aspects of the theory as they were defined by Gareth Evans. Apart from that, I also offer some additions to the theory. The addition, I spend most space on concerns phrases that I call “mock names” which are expressions that look (...)
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  32.  83
    Rawls’s Theory of Justice and Affirmative Action in Science.Seungbae Park - 2024 - Filosofija. Sociologija 35 (3):378–386.
    Rival applied ethicists have constructed arguments for and against affirmative action independently of Rawls’s theory of justice. Those arguments do not resolve the dispute about affirmative action. I reformulate them with the use of Rawls’s theory of justice and conclude that the reformulated arguments do not resolve the dispute about affirmative action either. Therefore, Rawls’s theory of justice is not useful in resolving the dispute about affirmative action. This point applies to affirmative action in science, contrary to (...)
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  33. Hybrid Theories of Normativity.Wolfgang Detel - 2005 - In Christopher Gill (ed.), Virtue, norms, and objectivity: issues in ancient and modern ethics. New York: Oxford University Press.
     
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  34. Between Market Failures and Justice Failures: Trade-Offs Between Efficiency and Equality in Business Ethics.Charlie Blunden - 2021 - Journal of Business Ethics 178 (3):647–660.
    The Market Failures Approach (MFA) is one of the leading theories in contemporary business ethics. It generates a list of ethical obligations for the managers of private firms that states that they should not create or exploit market failures because doing so reduces the efficiency of the economy. Recently the MFA has been criticised by Abraham Singer on the basis that it unjustifiably does not assign private managers obligations based on egalitarian values. Singer proposes an extension to the MFA, (...)
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  35. Entitlement Theories of Justice: From Nozick to Roemer and Beyond.Robert J. van der Veen - 1985 - Economics and Philosophy 1 (1):69-81.
    In Anarchy, State, and Utopia, Robert Nozick contrasts entitlement theories of justice and “traditional” theories such as Rawls', utilitarianism or egalitarianism, and advocates the former against the latter. What exactly is an entitlement theory of justice? Nozick's book offers two distinct characterizations. On the one hand, he explicitly describes “the general outlines of the entitlement theory” as maintaining “that the holdings of a person are just if he is entitled to them by the principles of (...) in acquisition and transfer, or by the principle of rectification of injustice ”. On the other hand, his famous “Wilt Chamberlain” argument against alternative theories is first said to apply to “non-entitlement conceptions”, and later to any “end-state principle or distributional patterned principle of justice” — which amounts to an implicit characterization of an entitlement conception as a conception of justice which is neither end-state nor patterned. (shrink)
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  36.  19
    Hybrid theory of operant conditioning.Frank A. Logan - 1979 - Psychological Review 86 (6):507-541.
  37.  41
    Gert, Sidgwick, and hybrid theories of rationality.David Phillips - 2001 - Journal of Value Inquiry 35 (4):439-448.
    Hybrid theories of rationality of the sort developed by Bernard Gert have significant attractions. I argue, though, that Gert's is not the only way to formulate a hybrid view, and not the best. An improved hybrid view would draw on Sidgwick as well as on Gert.
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  38.  32
    Dialogical Theories of Justice.David L. Williams - 1999 - Telos: Critical Theory of the Contemporary 1999 (114):109-131.
    In modern societies, various peoples, seemingly sharing little in language, culture or history, often find themselves within the same political communities. John Rawls has described this as the main problem in questions of justice.1 His well-known solution is the two principles of justice discussed in A Theory of Justice and Political Liberalism. Yet this solution seems burdened by the fact that the principles themselves presuppose a particular culture and history. Dialogical alternatives to Rawls' theory advocate no particular (...)
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  39.  16
    Environments, natures and social theory: towards a critical hybridity.Damian F. White - 2016 - NewY ork, NY: Palgrave-Macmillan. Edited by Alan P. Rudy & Brian J. Gareau.
    From climate change to fossil fuel dependency, from the uneven effects of natural disasters to the loss of biodiversity: complex socio-environmental problems indicate the urgency for cross-disciplinary research into the ways in which the social, the natural and the technological are ever more entangled. This ground breaking text moves between environmental sociology and environmental geography, political and social ecology and critical design studies to provide a definitive mapping of the state of environmental social theory in the age of the anthropocene. (...)
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  40. A Kantian Hybrid Theory of Art Criticism: A Particularist Appeal to the Generalists.Emine Hande Tuna - 2016 - Journal of Aesthetics and Art Criticism 74 (4):397-411.
    Noël Carroll proposes a generalist theory of art criticism, which essentially involves evaluations of artworks on the basis of their success value, at the cost of rendering evaluations of reception value irrelevant to criticism. In this article, I argue for a hybrid account of art criticism, which incorporates Carroll's objective model but puts Carroll-type evaluations in the service of evaluations of reception value. I argue that this hybrid model is supported by Kant's theory of taste. Hence, I not (...)
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  41.  57
    Evaluating the Capacity of Theories of Justice to Serve as a Justice Framework for International Clinical Research.Bridget Pratt, Deborah Zion & Bebe Loff - 2012 - American Journal of Bioethics 12 (11):30-41.
    This article investigates whether or not theories of justice from political philosophy, first, support the position that health research should contribute to justice in global health, and second, provide guidance about what is owed by international clinical research (ICR) actors to parties in low- and middle-income countries. Four theories—John Rawls's theory of justice, the rights-based cosmopolitan theories of Thomas Pogge and Henry Shue, and Jennifer Ruger's health capability paradigm—are evaluated. The article shows that three (...)
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  42. Towards a Hybrid Theory of Legal Statements.Michał Wieczorkowski - manuscript
    This paper advances a novel hybrid theory addressing a fundamental puzzle in legal philosophy: how legal statements can simultaneously have both cognitive and practical features. Drawing on contemporary developments in metaethics and philosophy of language, we argue that legal statements express both beliefs and desire-like attitudes. My analysis yields three key findings. First, I demonstrate that within any given legal system, the descriptive content of legal statements remains invariant across different contexts of use and assessment – a feature that (...)
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  43.  21
    (1 other version)Hume's Theory of Justice.Jonathan Harrison - 1980 - Oxford, GB: Oxford University Press.
    The author discusses the third of the 3 books which make up Hume's 'A Treatise of Human Nature' - ' Of Morals'. 'Of Morals' is also divided into three parts, the second part of which is the subject of this book. In it Hume attempts to give an empiricist theory of justice.
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  44. A theory of justice?Philip Pettit - 1974 - Theory and Decision 4 (3-4):311-324.
    AnsrRAcr. This is a critical analysis of John Rawls’s A Theory of Justice. Rawls offers a theoretical justihcation of social democratic principles of justice. He argues that they are the principles which rational men would choose, under defined constraints, in an original position of social contract. The author criticises Rawls’s assumption that men of any background, of any socialisation, would choose these principles in the original position. He argues that the choice which Rawls imputes to his contractors reflects (...)
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  45. Theories of Justice.Tom Campbell & Alejandra Mancilla (eds.) - 2012 - Ashgate.
    Forty years ago, in his landmark work A Theory of Justice, John Rawls depicted a just society as a fair system of cooperation between citizens, regarded as free and equal persons. Justice, Rawls famously claimed, ought to be “the first virtue of social institutions.” Ever since then, moral and political philosophers have expanded, expounded or criticized Rawls’s main tenets, from perspectives as diverse as egalitarianism, left and right libertarianism, and the ethics of care. The most important and influential (...)
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  46.  26
    Toward a Hybrid Theory of How to Allocate Health-related Resources.Anders Herlitz - 2023 - Journal of Medicine and Philosophy 48 (4):373-383.
    How should scarce health-related resources be allocated? This paper argues that values that apply to these decisions fail to always fully determine what we should do. Health maximization and allocation-according-to-need are suggested as two values that should be part of a general theory of how to allocate health-related resources. The “small improvement argument” is used to argue that it is implausible that one alternative is always better, worse, or equal to another alternative with respect to these values. Approaches that rely (...)
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  47. An Honest Look at Hybrid Theories of Pleasure.Daniel Pallies - 2020 - Philosophical Studies 178 (3):887-907.
    What makes it the case that a given experience is pleasurable? According to the felt-quality theory, each pleasurable experience is pleasurable because of the way that it feels—its “qualitative character” or “felt-quality”. According to the attitudinal theory, each pleasurable experience is pleasurable because the experiencer takes certain attitudes towards it. These two theories of pleasure are typically framed as rivals, but it could be that they are both partly right. It could be that pleasure is partly a matter of (...)
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  48.  12
    A Theory of Justice and Social Mechanics.Laurynas Didžiulis - 2024 - Filosofija. Sociologija 35 (2 Special).
    In this article, I argue that Aristotle, a universal philosopher who analysed both natural and social worlds, suggested a groundwork for a theory of justice, which is a fertile soil for a broader social perspective. Such categories as the social order, free will, law, policy choices, and the state are naturally flowing from his brief passage on justice in his Nichomachean Ethics. I assert that all of them are phenomena of turbulent social mechanics. Therefore, in this paper I (...)
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  49. A Theory of Justice in the 21st Century.Blain Neufeld, Micah Schwartzman & Lori Watson (eds.) - forthcoming - Oxford University Press.
  50.  92
    Rawls' theory of justice and citizenship education.Marianna Papastephanou - 2005 - Journal of Philosophy of Education 39 (3):499–518.
    Political liberalism purports to be independent from any controversial philosophical presuppositions, and its basic principles and features are often presented as the most accommodating of difference and heterogeneity, so long as the latter is not illiberal, oppressive and fanatic. Educational theory welcomes this assumption and attempts to utilise it in citizenship curriculum debates, often in a receptive and arguably uncritical way. I shall critique the above by unveiling the contestable epistemological and anthropological theses underlying Rawls' difference principle and by discussing (...)
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