Showing 1 - 10 of 10
Persistent link: https://www.econbiz.de/10013493796
Among the complaints often voiced by philosophers who doubt the possibility or actuality of moral conflicts is that any such conflict would violate the “ought”-implies-“can” principle or would in some other respect be objectionably burdensome. The present essay seeks to rebut or defuse...
Persistent link: https://www.econbiz.de/10013040118
This paper, which has been written as a contribution to a festschrift for Wil Waluchow, concentrates on the area of legal philosophy in which his finest accomplishments have occurred: namely, the area of general jurisprudence. Indeed, it concentrates more specifically on Inclusive Legal...
Persistent link: https://www.econbiz.de/10013236756
Consequentialist doctrines have often been criticized for their excessive demandingness, in that they require the thorough instrumentalization of each person's life as a vehicle for the production of good consequences. In turn, the proponents of such doctrines have often objected to what they...
Persistent link: https://www.econbiz.de/10012899587
This paper, written for the forthcoming Oxford Handbook of Distributive Justice, ponders several understandings of conceptual analysis in the context of debates over distributive justice. The paper's first three main sections consider the concept/conception distinction in its multi-layered...
Persistent link: https://www.econbiz.de/10013063735
Funding for the arts is quite frequently commended by certain political philosophers and political pundits (whom I shall call “edificatory perfectionists”) as a policy that can incline people to improve their ways of life by taking advantage of cultural opportunities. By contrast, this...
Persistent link: https://www.econbiz.de/10013247575
Funding for the arts is quite frequently commended by certain political philosophers and political pundits (whom I shall call “edificatory perfectionists”) as a policy that can incline people to improve their ways of life by taking advantage of cultural opportunities. By contrast, this...
Persistent link: https://www.econbiz.de/10013248181
This paper first recapitulates the objections by H.L.A. Hart to the ways in which John Austin’s command model of law obfuscated the importance and the very existence of power-conferring laws. Although those objections are familiar in the world of contemporary legal philosophy, their...
Persistent link: https://www.econbiz.de/10013233619
Some important recent articles, including one in this journal, have sought to devise theories of rights that can transcend the longstanding debate between the Interest Theory and the Will Theory. The present essay argues that those efforts fail and that the Interest Theory and the Will Theory...
Persistent link: https://www.econbiz.de/10012716236
Ronald Dworkin has long criticized legal positivists for their efforts to distinguish between legal and non-legal standards of conduct that are incumbent on people. Recently, Dworkin has broached this criticism in his hostile account of the debates between Incorporationist Legal Positivists and...
Persistent link: https://www.econbiz.de/10012716227