Results for 'I. Feinberg'

972 found
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  1. Wrongful Life and the Counterfactual Element in Harming.Joel Feinberg - 1986 - Social Philosophy and Policy 4 (1):145.
    I shall be concerned in this paper with some philosophical puzzles raised by so-called “wrongful life” suits. These legal actions are obviously of great interest to lawyers and physicians, but philosophers might have a kind of professional interest in them too, since in a remarkably large number of them, judges have complained that the issues are too abstruse for the courts and belong more properly to philosophers and theologians. The issues that elicit this judicial frustration are those that require the (...)
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  2. (2 other versions)Reason and responsibility: readings in some basic problems of philosophy.Joel Feinberg (ed.) - 1966 - Encino, Calif.: Dickenson Pub. Co..
    Joel Feinberg : In Memoriam. Preface. Part I: INTRODUCTION TO THE NATURE AND VALUE OF PHILOSOPHY. 1. Joel Feinberg: A Logic Lesson. 2. Plato: "Apology." 3. Bertrand Russell: The Value of Philosophy. PART II: REASON AND RELIGIOUS BELIEF. 1. The Existence and Nature of God. 1.1 Anselm of Canterbury: The Ontological Argument, from Proslogion. 1.2 Gaunilo of Marmoutiers: On Behalf of the Fool. 1.3 L. Rowe: The Ontological Argument. 1.4 Saint Thomas Aquinas: The Five Ways, from Summa Theologica. (...)
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  3.  27
    No one like Him: the doctrine of God.John S. Feinberg - 2006 - Wheaton. Ill.: Crossway Books.
    This book contains some rare combinations: first, an author who is as concerned with conceptual clarification as he is with the absolute truthfulness of the biblical text; second, an argument that avoids the common "either-ors" and contends for the importance of both divine sovereignty and divine solicitude in equal measure; third, an approach that espouses divine determinism and divine temporality. No One Like Him takes on the most intractable intellectual challenges of contemporary evangelical theology. Kevin Vanhoozer , Research Professor of (...)
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  4. Harm and Self-Interest.Joel Feinberg - 1977 - In P. M. S. Hacker & Joseph Raz, Law, Morality, and Society: Essays in Honour of H. L. A. Hart. Oxford: Oxford University Press. pp. 285-308.
    There are conceptual riddles concerning the scope of the term 'harm', three of which provide the excuse for this essay, namely, whether there can be such things as purely moral harms (harm to character), vicarious harms (as I shall call them), and posthumous harms. My discussion of these questions will assume without argument the orthodox jurisprudential analysis of harm as invaded interest, not because I think that account is self-evidently correct or luminously perspicuous, but rather because I wish to explore (...)
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  5.  36
    Neuropathologies of the self: Clinical and anatomical features.Todd E. Feinberg - 2011 - Consciousness and Cognition 20 (1):75-81.
    The neuropathologies of the self are disorders of the self and identity that occur in association with neuropathology and include perturbations of the bodily, relational, and narrative self. Right, especially medial-frontal and orbitofrontal lesions, are associated with these conditions. The ego disequilibrium theory proposes this brain pathology causes a disturbance of ego boundaries and functions and the emergence of developmentally immature styles of thought, ego functioning, and psychological defenses including denial, projection, splitting, and fantasy that the NPS patient has in (...)
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  6.  79
    The nested neural hierarchy and the self.Todd E. Feinberg - 2011 - Consciousness and Cognition 20 (1):4-15.
    In spite of enormous recent interest in the neurobiology of the self, we currently have no global models of the brain that explain how its anatomical structure, connectivity, and physiological functioning create a unified self. In this article I present a triadic neurohierarchical model of the self that proposes that the self can be understood as the product of three hierarchical anatomical systems: The interoself system, the integrative self system, and the exterosensorimotor system. An analysis of these three systems and (...)
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  7.  92
    Why the mind is not a radically emergent feature of the brain.Todd E. Feinberg - 2001 - Journal of Consciousness Studies 8 (9-10):123-145.
    In this article I will attempt to refute the claim that the mind is a radically emergent feature of the brain. First, the inter-related concepts of emergence, reducibility and constraint are considered, particularly as these ideas relate to hierarchical biological systems. The implications of radical emergence theories of the mind such as the one posited by Roger Sperry, are explored. I then argue that the failure of Sperry's model is based on the notion that consciousness arises as a radically emergent (...)
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  8.  30
    Wollaston and His Critics.Joel Feinberg - 1977 - Journal of the History of Ideas 38 (2):345-352.
    This article defends the ethical theory of william wollaston against the objections of hume and later writers who uncritically accepted hume's account of what wollaston said. I then argue that the true flaws in wollaston's view that all wrongdoing is false representing are that it cannot explain why some immoral acts are worse than others, And it presupposes antecedent moral principles of a different kind. I conclude that wollaston's theory, While failing as a general account of all immorality, Can nevertheless (...)
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  9.  78
    (1 other version)Culture and the common school.Walter Feinberg - 2007 - Journal of Philosophy of Education 41 (4):591–607.
    This essay addresses the question: given the flattening out of the cultural hierarchy that was the vestige of colonialism and nation-building, is there anything that might be uniquely common about the common school in this postmodern age? By ‘uniquely common’ I do not mean those subjects that all schools might teach, such as reading or arithmetic. Nor do I mean just subjects that might serve a larger public purpose, but that might be taught in either publicly supported or privately supported (...)
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  10.  28
    The new contadini: transformative labor in Italian vineyards.Rebecca M. Feinberg - 2020 - Agriculture and Human Values 38 (1):15-28.
    Contadini—peasant farmers—are central figures of belonging in a Northern Italian winegrowing community. The skills and languages in which contadini are fluent and who is recognized as one of them organize the values attached to various roles in this world. I show how the immigrant vineyard workers who maintain local landscapes engage with this identity, producing new selves through the labor of caring for vines. Earning the title of contadino allows some immigrants to cross social boundaries usually policed by strict ethnic (...)
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  11. Harm to Others: The Moral Limits of the Criminal Law, Vol. I.Joel Feinberg - 1985 - Law and Philosophy 4 (3):423-432.
     
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  12.  31
    A Buddhist Critique of Desire: The Notion of Kāma in Aśvaghoṣa’s Saundarananda.Nir Feinberg - 2024 - Journal of Indian Philosophy 52 (3):143-160.
    The critical analysis of desire is a staple of classical Buddhist thought; however, modern scholarship has focused primarily on doctrinal and scholastic texts that explain the Buddhist understanding of desire. As a result, the contribution of _kāvya_ (poetry) to the classical Buddhist philosophy of desire has not received much scholarly attention. To address this dearth, I explore in this article the notion of _kāma_ (desire or love) in Aśvaghoṣa’s epic poem, the _Saundarananda_ (_Beautiful Nanda_). I begin by framing the poem’s (...)
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  13.  13
    I. definition and goals.Walter Feinberg - 2003 - In Hugh LaFollette, The Oxford Hndbk of Practical Ethics. New York: Oxford University Press UK. pp. 272.
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  14.  20
    Obowiązki człowieka i prawa zwierząt.Joel Feinberg - 1980 - Etyka 18:11-38.
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  15.  14
    Obscene Words and their Functions, I.Joel Feinberg - 1987 - In The Moral Limits of the Criminal Law: Volume 2: Offense to Others. New York, US: Oxford University Press USA.
    Obscene words have the capacity to offend and shock listeners, and in some cases even fill with dread and horror. The class of words that are either obscene, totally disreputable, or naughty enough to be forbidden, is diverse and heterogeneous. These include sexual vulgarities, other “dirty words”, political labels, ethnic slurs, insulting terms, and religious blasphemies. Obscene-to-naughty words and phrases can be classified into two main categories: profanities and vulgarities. Derivative uses of obscenity are discussed.
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  16.  75
    Legal Moralism and Freefloating Evils.Joel Feinberg - 1980 - Pacific Philosophical Quarterly 61 (1/2):122.
    This article distinguishes and evaluates the various forms of legal moralism from a liberal vantage point. It devotes special attention to the most plausible form of the theory, That which is often called "the conservative thesis," and to that supporting argument which is based on the need to prevent "freefloating social-Change evils." freefloating evils are defined as evils that are imputable to human beings but which do not give rise to personal grievances as harms, Offenses, And "harmless exploitative injustices" do. (...)
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  17.  86
    Critical Pragmatism and the Appropriation of Ethnography by Philosophy of Education.Walter Feinberg - 2014 - Studies in Philosophy and Education 34 (2):149-157.
    In this essay I explore the potential that ethnographic methods hold for philosophy of education as a form of critical pragmatism. An aim of critical pragmatism is to help to analyze the roadblocks to fruitful communication, coordination and liberation. It does so by identifying their sources and opportunities for repair. As I have argued elsewhere :222–240, 2012) an important aim of critical pragmatism is to redirect expert knowledge so it takes seriously local understanding. In this essay I do two things. (...)
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  18. "Back to the future": Philosophy of education as an instrument of its time.Walter Feinberg - 2006 - Education and Culture 22 (2):7-18.
    : In this 2006 John Dewey Society Invited Address, I place Dewey in a larger philosophical and historical context. My hope is that by doing so we can learn more about the future prospects for the role of philosophy of education. I see Dewey as one of those rare canonical philosophers whose reputation as a philosopher is intricately tied to their writings on education and I want to explore why this tie makes sense with some canonical figures, such as Plato (...)
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  19.  15
    De-staging the people: On the role of the social and populism beyond politics.Joseph Grim Feinberg - 2021 - Thesis Eleven 164 (1):104-119.
    This paper engages with radical democratic theory in light of the so-called ‘return of the people’ taking place in contemporary political discourse. I argue that the return of the people should not be seen only as a return of politics strictly speaking, but also as a process by which elements of the social that had previously been excluded from politics enter the political sphere. Framing the problem in this way calls for a view to how politics is circumscribed, distinguished from (...)
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  20. (1 other version)Obscene words and the law.Joel Feinberg - 1983 - Law and Philosophy 2 (2):139 - 161.
    This paper asks whether the criminal law can have any legitimate concern with obscene language. At most, such a concern could be justified by the need to protect auditors from offense, since it is not plausible to think of exposure to dirty words as harmful or inherently immoral. A distinction is drawn between bare utterance and instant offense, on the one hand, and offensive nuisance and harassment, on the other. Only when obscene language is used to harass can it properly (...)
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  21.  42
    Perception of cheaters: The role of past and present academic achievement.Joshua M. Feinberg - 2009 - Ethics and Behavior 19 (4):310 – 322.
    Participants ( N = 151) rated a fictitious student who may have cheated on an exam. The student's description varied on prior academic performance (low achieving, average achieving, or high achieving) and exam grade (65 or 95). Participants' attitudes were most negative toward the low-achieving student who was also most likely to be perceived as cheating. However, participants recommended harsher punishments for students who scored a 95 regardless of prior academic achievement. Finally, a significant interaction indicated more negative attitudes and (...)
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  22.  28
    Individual variations in time judgment and the concept of an internal clock.V. R. Carlson & I. Feinberg - 1968 - Journal of Experimental Psychology 77 (4):631.
  23.  21
    Time judgment as a function of method, practice, and sex.V. R. Carlson & I. Feinberg - 1970 - Journal of Experimental Psychology 85 (2):171.
  24.  83
    Feinberg's Theory of “Preposthumous” Harm.W. J. Waluchow - 1986 - Dialogue 25 (4):727-.
    In his recent book, Harm to Others, Joel Feinberg addresses the question whether a person can be harmed after his or her own death, that is, whether posthumous harm is a logical possibility. There is a very strong tendency to suppose that harm to the dead is simply inconceivable. After all, there cannot be harm without a subject to be harmed, but when death occurs it appears to obliterate the subject thus excluding the possibility of harm. On the other (...)
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  25.  41
    Feinberg on the Criterion of Moral Personhood.Hud Hudson - 1996 - Journal of Applied Philosophy 13 (3):311-318.
    In a very influential paper, Abortion, Joel Feinberg offers a series of arguments against four popular proposals for the criterion of moral personhood and defends a fifth proposal. In this paper, I demonstrate that two widely‐accepted arguments employed by Feinberg against the modified species criterion and the strict potentiality criterion, respectively, are unsound. Moreover, I argue that there is a general feature of his inquiry into the criteria for moral personhood which undermines his efforts to argue convincingly either (...)
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  26.  19
    J. G. Feinberg – I. Landa – J. Mervart (vyd.), Karel Kosík and the Dialectics of the Concrete.Josefína Formanová - 2023 - Reflexe: Filosoficky Casopis 2022 (63):111-120.
    Book review on J. G. Feinberg – I. Landa – J. Mervart (vyd.) Karel Kosík and the Dialectics of the Concrete. Leiden – Boston (Brill) 2022, 378 str.
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  27.  60
    The moral limits of Feinberg's liberalism.Gerald Doppelt - 1993 - Inquiry: An Interdisciplinary Journal of Philosophy 36 (3):255 – 286.
    This essay explores Joel Feinberg's conception of liberalism and the moral limits of the criminal law. Feinberg identifies liberty with the absence of law. He defends a strong liberal presumption against law, except where it is necessary to prevent wrongful harm or offense to others. Drawing on Rawlsian, Marxian, and feminist standpoints, I argue that there are injuries to individual liberty rooted not in law, but in civil society. Against Feinberg, I defend a richer account of liberalism (...)
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  28. Harming someone after his death.Barbara Baum Levenbook - 1984 - Ethics 94 (3):407-419.
    I argue for the possibility of posthumous harm based on an account of the harm of murder. I start with the deep-seated intuition that when someone is murdered he (or she) is harmed (over and above the pain of injury or dying), and argue that Feinberg's account that assumes that harm is an invasion of an interest cannot plausibly accommodate this intuition. I propose a new account of the harm of murder: it is an irreversible loss of functions necessary (...)
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  29. The Foundation of the Child's Right to an Open Future.Joseph Millum - 2014 - Journal of Social Philosophy 45 (4):522-538.
    It is common to cite the child’s “right to an open future” in discussions of how parents and the state may and should treat children. However, the right to an open future can only be useful in these discussions if we have some method for deriving the content of the right. In the paper in which he introduces the right to an open future Joel Feinberg seems to provide such a method: he derives the right from the content of (...)
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  30. Is that all there is?Michael Smith - 2006 - The Journal of Ethics 10 (1-2):75-106.
    I take issue with two suggestions of Joel Feinberg's: first, that it is incoherent to suppose that human life as such is absurd, and, second, that a particular human life may be absurd and yet saved from being tragic by being fulfilled. I also argue that human life as such may well be absurd and I consider various responses to this.
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  31. Regulating Offense, Nurturing Offense.Robert Mark Simpson - 2017 - Politics, Philosophy and Economics 17 (3):235-256.
    Joel Feinberg’s Offense to Others is the most comprehensive contemporary work on the significance of offense in a liberal legal system. Feinberg argues that being offended can impair a person’s liberty, much like a nuisance, and that it is therefore legitimate in principle to regulate conduct because of its offensiveness. In this article, I discuss some overlooked considerations that give us reason to resist Feinberg’s conclusion, even while granting this premise. My key claim is that the regulation (...)
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  32. Welfare and Harm After Death.Barbara Baum Levenbook - 2013 - In James Stacey Taylor, The Metaphysics and Ethics of Death: New Essays. New York, NY: Oxford University Press. pp. 188-209.
    I defend the claim that posthumous harm is possible against a simple but powerful and appealing argument for the impossibility of harm from posthumous events. I produce a counterargument against one of its assumptions. My conclusion is that the boundaries of welfare-affecting events may extend beyond the existence of the person whose welfare is in question. My case for rejecting the contrary claim avoids an objection to some familiar arguments for posthumous harm and is superior to another argument for posthumous (...)
     
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  33.  53
    Review Essay on the Roots of Evil.Burleigh Wilkins - 2006 - The Journal of Ethics 10 (1-2):193-199.
    I consider two essays by Joel Feinberg: his treatment of the moral obligation to obey the law, and his exploration of the evils of the Holocaust.
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  34. Paternalism and the Ill-Informed Agent.Jason Hanna - 2012 - The Journal of Ethics 16 (4):421-439.
    Most anti-paternalists claim that informed and competent self-regarding choices are protected by autonomy, while ill-informed or impaired self-regarding choices are not. Joel Feinberg, among many others, argues that we can in this way distinguish impermissible “hard” paternalism from permissible “soft” paternalism. I argue that this view confronts two related problems in its treatment of ill-informed decision-makers. First, it faces a dilemma when applied to decision-makers who are responsible for their ignorance: it either permits too much, or else too little, (...)
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  35.  96
    In Defense of “Pure” Legal Moralism.Danny Scoccia - 2013 - Criminal Law and Philosophy 7 (3):513-530.
    In this paper I argue that Joel Feinberg was wrong to suppose that liberals must oppose any criminalization of “harmless immorality”. The problem with a theory that permits criminalization only on the basis of his harm and offense principles is that it is underinclusive, ruling out laws that most liberals believe are justified. One objection (Arthur Ripstein’s) is that Feinberg’s theory is unable to account for the criminalization of harmless personal grievances. Another (Larry Alexander’s and Robert George’s) is (...)
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  36. The Cards that are Dealt You.John Martin Fischer - 2006 - The Journal of Ethics 10 (1-2):107-129.
    Various philosophers have argued that in order to be morally responsible, we need to be the "ultimate sources'' of our choices and behavior. Although there are different versions of this sort of argument, I identify a "picture'' that lies behind them, and I contend that this picture is misleading. Joel Feinberg helpfully suggested that we scale down what might initially be thought to be legitimate demands on "self-creation,'' rather than jettison the idea that we are truly and robustly responsible. (...)
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  37.  96
    A Defence of the Counterfactual Account of Harm.Craig Purshouse - 2015 - Bioethics 30 (4):251-259.
    In order to determine whether a particular course of conduct is ethically permissible it is important to have a concept of what it means to be harmed. The dominant theory of harm is the counterfactual account, most famously proposed by Joel Feinberg. This determines whether harm is caused by comparing what actually happened in a given situation with the ‘counterfacts’ i.e. what would have occurred had the putatively harmful conduct not taken place. If a person's interests are worse off (...)
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  38.  77
    What is the Accordion Effect?Michael E. Bratman - 2006 - The Journal of Ethics 10 (1-2):5-19.
    In "Action and Responsibility,'' Joel Feinberg pointed to an important idea to which he gave the label "the accordion effect.'' Feinberg's discussion of this idea is of interest on its own, but it is also of interest because of its interaction with his critique, in his "Causing Voluntary Actions,'' of a much discussed view of H. L. A. Hart and A. M. Honoré that Feinberg labels the "voluntary intervention principle.'' In this essay I reflect on what the (...)
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  39. The Rights-Ascription Problem.George E. Panichas - 1997 - Social Theory and Practice 23 (3):365-398.
    This paper addresses the rights-ascription problem—the problem of determining what properties or characteristics one must have to qualify for fundamental rights. As argued here, one traditional response to this problem—the “humanity standard”—fails because rather than recognizing the problem as one of moral predication regarding actual individuals, it accepts nominal membership in a vaguely defined class (e.g., “humanity”) as adequate grounds for ascribing these rights. This failure encourages the hypothesis pursued here, viz., that qualifying for fundamental rights is a matter of (...)
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  40.  84
    How to Say Things with Walls.A. J. Skillen - 1980 - Philosophy 55 (214):509 - 523.
    I want to discuss a view of punishment which stresses its ‘expressive’ character and seeks in that its justification. While I shall label this view ‘expressionism’, I should warn that most theorists who express an ‘expressionist’ view do not present it as an exhaustive account, but rather claim to be highlighting an aspect that tends to be neglected within the rationalist framework common to retributivism and utilitarianism. Among contemporary writings I shall focus on Joel Feinberg's article, ‘The Expressive Function (...)
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  41. Anti-paternalism and Invalidation of Reasons.Kalle Grill - 2010 - Public Reason 2 (2):3-20.
    I first provide an analysis of Joel Feinberg’s anti-paternalism in terms of invalidation of reasons. Invalidation is the blocking of reasons from influencing the moral status of actions, in this case the blocking of personal good reasons from supporting liberty-limiting actions. Invalidation is shown to be distinct from moral side constraints and lexical ordering of values and reasons. I then go on to argue that anti-paternalism as invalidation is morally unreasonable on at least four grounds, none of which presuppose (...)
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  42.  53
    Nonidentity, wrongful conception and harmless wrongs.P. J. Markie - 2005 - Ratio 18 (3):290–305.
    Joel Feinberg and Dan Brock have independently developed a solution to the Problem of Nonidentity as it occurs in cases where a mother's negligent act of conception causes her child to be born with a severe disability. I display three problems in the Feinberg‐Brock proposal and develop an alternative view that explains both cases of wrongful conception and additional instances of the Problem of Nonidentity presented by Derek Parfit and others.
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  43. Desert, Virtue, and Justice.Eric Moore - 2000 - Social Theory and Practice 26 (3):417-442.
    I endorse an old view that distributive justice can best be understood as people getting what they deserve. John Rawls has several famous arguments to show that such a view is false. I criticize those arguments, but agree that more work needs to be done on the clarification and explanation of the concept of desert in order for the old view to be more than a platitude. I then criticize attempted analyses of the concept of desert by Feinberg, Kleinig, (...)
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  44. Realism and the Censure Theory of Punishment.Thaddeus Metz - 2002 - In Patricia Smith & Paolo Comanducci, Legal Philosophy: General Aspects. Franz Steiner Verlag. pp. 117-29.
    I focus on the metaphysical underpinnings of the censure theory of punishment, according to which punishment is justified if and because it expresses disapproval of injustice. Specifically, I seek to answer the question of what makes claims about proportionate censure true or false. In virtue of what is it the case that one form of censure is stronger than another, or that punishment is the censure fitting injustice? Are these propositions true merely because of social conventions, as per the dominant (...)
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  45. Merciful Justice.Jeanine Diller - 2013 - Philosophia 41 (3):719-735.
    I offer a solution to an old puzzle about how God can be both just and merciful at the same time—a feat which seems required of God, but at the same time seems impossible since showing mercy involves being more lenient than justice demands. Inspired by two of Jesus’ parables and work by Feinberg, Johnson and Smart, I suggest that following a “principle of merciful justice”—that persons ought to receive what they deserve or better—delivers mercy and justice simultaneously, certainly (...)
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  46.  86
    Violent Pornography: censorship, morality and social alternatives.Judith Wagner Decew - 1984 - Journal of Applied Philosophy 1 (1):79-94.
    ABSTRACT I present and assess arguments both for and against censorship of pornography, explaining why the case on each side is inconclusive. In an effort to move beyond issues of censorship and to address the growing problem of violence in pornography, I propose a distinction between erotica and violent pornography. I then utilise this distinction to evaluate the moral status of, and certain social responses to, violent pornography. I show why most arguments that violent pornography is morally wrong rest on (...)
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  47.  11
    Nielokalność i biokoherencja.Marcin Molski - 2005 - Roczniki Filozoficzne 53 (1):197-220.
    In a series of quantum experiments performed in 1935-1986 a validity of the quantum theory has been tested. The results obtained have changed the viewpoints of physicists and philosophers on the nature of the Universe and physical reality. In particular, they have changed the traditional West view on the relationship between micro- and macro- level, between a part and the wholeness and between the system and its constituents. From the distinguishing quantum experiments a brief description of the Einstein-Podolsky- Rosen paradox, (...)
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  48.  41
    Rights. [REVIEW]D. Z. Phillips - 1982 - Review of Metaphysics 36 (2):457-459.
    When I was asked to review this book, I thought it was to be a single essay, since the title gave no indication that the relation of David Lyons to the book was that of editor to a collection to which he also contributes. Most of the essays are so well known that no descriptive comment is necessary and no critical one adequate in a review of this length. The essays included are as follows: H. L. A. Hart's "Are There (...)
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  49. Harm: An Event-Based Feinbergian Account.Andrew Jason Cohen - 2018 - In Donald Alexander Downs & Chris W. Surprenant, The Value and Limits of Academic Speech: Philosophical, Political, and Legal Perspectives. Routledge. pp. 115-135.
    In this paper, I defend an account of harm as event-based but also in the mold of the account offered by Joel Feinberg in his magnum opus, The Moral Limits of the Criminal Law.3 The analysis I offer is meant, that is, to be serviceable in a project like Feinberg’s–that is, it is one of normative political philosophy—and, importantly here, useful for determining when speech might rightly be limited. On the account defended here, to undergo a harm is (...)
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  50.  85
    Callahan on Harming the Dead.Anthony Serafini - 1990 - Journal of Philosophical Research 15:329-339.
    In this paper I try to defend the notion that the dead can be harmed, in opposition to Callahan and in accord with some ideas of Feinberg. In agreement with Parlit, I argue that the existence of a person has degrees. I suggest that properlies of a subject, such as “reputations” and claims, can persist after death, aIthough the subject as such does not and that these can be harmed. A promise, e.g., can be frustrated merely by being ignored; (...)
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