Results for 'positive epistemic duties'

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  1. We Have No Positive Epistemic Duties.Mark T. Nelson - 2010 - Mind 119 (473):83-102.
    In ethics, it is commonly supposed that we have both positive duties and negative duties, things we ought to do and things we ought not to do. Given the many parallels between ethics and epistemology, we might suppose that the same is true in epistemology, and that we have both positive epistemic duties and negative epistemic duties. I argue that this is false; that is, that we have negative epistemic duties, (...)
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  2. We Have Positive Epistemic Duties.Matthew McGrath - forthcoming - Noûs.
    Many epistemologists agree that there are things we epistemically shouldn’t believe, i.e., that we have negative epistemic duties. But it is a matter of controversy whether we have any positive epistemic duties, i.e., whether we epistemically should have certain beliefs. In this paper, I argue that, in certain cases in which one acquires counterevidence against what one believes (p), one epistemically should give up one's belief by reasoning in a way that involves forming a belief (...)
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  3. Imperfect epistemic duties and the justificational fecundity of evidence.Scott Stapleford - 2013 - Synthese 190 (18):4065-4075.
    Mark Nelson argues that we have no positive epistemic duties. His case rests on the evidential inexhaustibility of sensory and propositional evidence—what he calls their ‘infinite justificational fecundity’. It is argued here that Nelson’s reflections on the richness of sensory and propositional evidence do make it doubtful that we ever have an epistemic duty to add any particular beliefs to our belief set, but that they fail to establish that we have no positive epistemic (...)
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  4. Our Epistemic Duties in Scenarios of Vaccine Mistrust.M. Inés Corbalán & Giulia Terzian - 2021 - International Journal of Philosophical Studies 29 (4):613-640.
    ABSTRACT What, if anything, should we do when someone says they don’t believe in anthropogenic climate change? Or that they worry that a COVID-19 vaccine might be dangerous? We argue that in general, we face an epistemic duty to object to such assertions, qua instances of science denial and science sceptical discourse, respectively. Our argument builds on recent discussions in social epistemology, specifically surrounding the idea that we ought to speak up against (epistemically) problematic assertions so as to fulfil (...)
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  5.  59
    Epistemic Duties: New Arguments, New Angles.Scott Stapleford & Kevin McCain (eds.) - 2020 - New York: Routledge.
    There are arguably moral, legal, and prudential constraints on behavior. But are there epistemic constraints on belief? Are there any requirements arising from intellectual considerations alone? This volume includes original essays written by top epistemologists that address this and closely related questions from a variety of new, sometimes unexpected, angles. It features a wide variety of positions, ranging from arguments for and against the existence of purely epistemic requirements, reductions of epistemic requirements to moral or prudential requirements, (...)
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  6.  69
    An Epistemic Case for Positive Voting Duties.Carline Klijnman - 2021 - Critical Review: A Journal of Politics and Society 33 (1):74-101.
    In response to widespread voter ignorance, Jason Brennan argues for a voting ethics that can be summarized as one negative duty: do not vote badly. The implication that abstaining is always permissible entails no incentive for citizens to become competent voters or to vote once competent. Following the Condorcet Jury Theorem, this can lead to suboptimal outcomes, suggesting that voter turnout should concern instrumentalist epistemic accounts of democratic legitimacy. This could be addressed by adding two positive voting (...): to make an effort to become a competent voter; and, once competent, to vote. (shrink)
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  7. You ought to have known: positive epistemic norms in a knowledge-first framework.Jonathan Jenkins Ichikawa - 2022 - Synthese 200 (5):1-23.
    There are two central kinds of epistemological mistakes: believing things you shouldn’t, and failing to believe things that you should. The knowledge-first program offers a canonical explanation for the former: if you believe something without knowing it, you violate the norm to believe only that which you know. But the explanation does not extend in any plausible way to a story about what’s wrong with suspending judgment when one ought to believe. In this paper I explore prospects for a knowledge-centering (...)
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  8. Entitlement: Epistemic rights without epistemic duties?Fred Dretske - 2000 - Philosophy and Phenomenological Research 60 (3):591-606.
    The debate between externalists and internalists in epistemology can be viewed as a disagreement about whether there are epistemic rights without corresponding duties or obligations. Taking an epistemic right to believe P as an authorization to not only accept P as true but to use P as a positive reason for accepting other propositions, the debate is about whether there are unjustified justifiers. It is about whether there are propositions that provide for others what nothing need (...)
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  9. Epistemic Privilege and Victims’ Duties to Resist their Oppression.Ashwini Vasanthakumar - 2018 - Journal of Applied Philosophy 35 (3):465-480.
    Victims of injustice are prominent protagonists in efforts to resist injustice. I argue that they have a duty to do so. Extant accounts of victims’ duties primarily cast these duties as self-regarding duties or duties based on collective identities and commitments. I provide an account of victims’ duties to resist injustice that is grounded in the duty to assist. I argue that victims are epistemically privileged with respect to injustice and are therefore uniquely positioned to (...)
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  10. Joanna Kadi.Epistemic Position - 2006 - In Elizabeth Hackett & Sally Anne Haslanger, Theorizing feminisms: a reader. Oxford: Oxford University Press. pp. 40.
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  11. Scalar Epistemic Consequentialism.Dan Cavedon-Taylor - 2022 - Thought: A Journal of Philosophy 11 (1):1-5.
    The following is an advertisement for scalar epistemic consequentialism. Benefits include an epistemic consequentialism that (i) is immune from the the no-positive-epistemic-duties objection and (ii) doesn’t require bullet-biting on the rightness of epistemic tradeoffs. The advertisement invites readers to think more carefully about both the definition and logical space of epistemic consequentialism.
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  12. Epistemic Dilemmas, Epistemic Quasi-Dilemmas, and Quasi-Epistemic Dilemmas.Scott Stapleford & Kevin McCain - 2020 - In Scott Stapleford & Kevin McCain, Epistemic Duties: New Arguments, New Angles. New York: Routledge.
    In this paper we distinguish between epistemic dilemmas, epistemic quasi-dilemmas, and quasi epistemic dilemmas. Our starting point is the commonsense position that S faces a genuine dilemma only when S must take one of two paths and both are bad. It’s the “must” that we think is key. Moral dilemmas arise because there are cases where S must perform A and S must perform B—where ‘must’ implies a moral duty—but S cannot do both. In such a situation, (...)
     
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  13. (1 other version)Putting “Epistemic Injustice” to Work in Bioethics: Beyond Nonmaleficence.Sigrid Wallaert & Seppe Segers - 2023 - Journal of Bioethical Inquiry 2023:1-4.
    We expand on Della Croce’s ambition to interpret “epistemic injustice” as a specification of non-maleficence in the use of the influential four-principle framework. This is an alluring line of thought for conceptual, moral, and heuristic reasons. Although it is commendable, Della Croce’s attempt remains tentative. So does our critique of it. Yet, we take on the challenge to critically address two interrelated points. First, we broaden the analysis to include deliberations about hermeneutical injustice. We argue that, if due consideration (...)
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  14.  94
    Representation, Presentation and the Epistemic Role of Perceptual Experience.Jonathan David Trigg - 2011 - International Journal of Philosophical Studies 19 (1):5-30.
    In this paper I argue that the representational theory of perception, on which the world is represented as being a certain way in perceptual experience, cannot explain how there can be a genuinely epistemic connection between experience and belief. I try to show that we are positively required to deny that perceptual consciousness is contentful if we want to make its fitness for epistemic duties intelligible. (So versions of the representational theory on which experience has a merely (...)
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  15. Embracing Epistemic Dilemmas.David Christensen - 2020 - In Scott Stapleford & Kevin McCain, Epistemic Duties: New Arguments, New Angles. New York: Routledge.
    This paper concentrates on a particular sort of case where it’s plausible that epistemic requirements can conflict: cases where an agent’s higher-order evidence supports doubting her reliability in reacting to her ordinary evidence. Conflicting epistemic requirements can be seen as generating epistemic dilemmas. The paper examines two ways that people have sought to recognize conflicting requirements without allowing them to generate epistemic dilemmas: separating epistemic norms into two different varieties, and positing rational indeterminacy in cases (...)
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  16.  74
    Epistemic rights violations and epistemic injustice.Aidan McGlynn - 2023 - Asian Journal of Philosophy 2 (1):1-14.
    I offer a detailed discussion of the connections Lani Watson posits in her book The Right to Know between violations of a person’s epistemic rights on the one hand and the distinctively epistemic forms of injustice influentially discussed in the work of Miranda Fricker on the other. I argue that if we specify the content of the relevant epistemic rights (and the corresponding duties of others) carefully enough, it becomes plausible that there is an even tighter (...)
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  17. Bound by the Evidence.Scott Stapleford & Kevin McCain - 2020 - In Scott Stapleford & Kevin McCain, Epistemic Duties: New Arguments, New Angles. New York: Routledge. pp. 113–124.
    An evidentialist can be extreme about epistemic requirements in a couple of different ways. At the reductionist end of the spectrum are those who think our epistemic obligations are fully satisfied by the mere having of evidential fit—where having implies nothing about doing. Your beliefs ought to align with your evidence, in other words, but there’s nothing you’re obligated to do in order to get yourself into the epistemically optimal position. At the expansionist end of the spectrum are (...)
     
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  18. Rational Religious Beliefs Without Natural Reason? A Critical Study of Alvin Plantinga Position.Ewa Odoj - 2024 - Rocznik Filozoficzny Ignatianum 30 (2):159-180.
    According to an intuition highly popular in Western world, beliefs, includ-ing religious beliefs, must be supported by sufficient evidence in order to be held in a rational (or justified) way (evidentialism). Plantinga for-mulates his own view about the rationality of religious beliefs, which he considers as opposite to the traditional view. The central thesis of his position is that religious beliefs are perfectly rational when believed in the basic way, that is without any evidence or argument and even with-out the (...)
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  19.  97
    Epistemic Peer Conflict and Religious Belief.Jerome I. Gellmann - 1998 - Faith and Philosophy 15 (2):229-235.
    David Basinger has defended his position on the epistemology of religious diversity against a critique I wrote of it in this journal. Basinger endorses the principle that in the face of pervasive epistemic peer conflict a person has a prima facie duty to try to adjudicate the conflict. He defends this position against my claim that religious belief can be non-culpably “rock bottom” and thus escape “Basinger’s Rule.” Here I show why Basinger’s defense against my critique is not satisfactory, (...)
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  20. On the Uses and Abuses of Celebrity Epistemic Power.Alfred Archer, Mark Alfano & Matthew Dennis - 2024 - Social Epistemology 38 (6):759-773.
    ABSTRACT The testimonies of celebrities affect the lives of their many followers who pay attention to what they say. This gives celebrities a high degree of epistemic power, which has come under scrutiny during the COVID-19 pandemic. This paper investigates the duties that arise from this power. We argue that celebrities have a negative duty of testimonial justice not to undermine trust in authoritative sources by spreading misinformation or directing attention to untrustworthy sources. Moreover, celebrities have a general (...)
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  21. Is it ever rational to hold inconsistent beliefs?Martin Smith - 2024 - Philosophical Studies 181 (12):3459-3475.
    In this paper I investigate whether there are any cases in which it is rational for a person to hold inconsistent beliefs and, if there are, just what implications this might have for the theory of epistemic justification. A number of issues will crop up along the way – including the relation between justification and rationality, the nature of defeat, the possibility of epistemic dilemmas, the importance of positive epistemic duties, and the distinction between transitional (...)
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  22. Coherentism and the epistemic justification of moral beliefs: A case study in how to do practical ethics without appeal to a moral theory.Mylan Engel Jr - 2012 - Southern Journal of Philosophy 50 (1):50-74.
    This paper defends a coherentist approach to moral epistemology. In “The Immorality of Eating Meat”, I offer a coherentist consistency argument to show that our own beliefs rationally commit us to the immorality of eating meat. Elsewhere, I use our own beliefs as premises to argue that we have positive duties to assist the poor and to argue that biomedical animal experimentation is wrong. The present paper explores whether this consistency-based coherentist approach of grounding particular moral judgments on (...)
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  23. Resistance to evidence and the duty to believe.Mona Simion - 2023 - Philosophy and Phenomenological Research 108 (1):203-216.
    This article develops and defends a full account of the nature and normativity of resistance to evidence, according to which resistance to evidence is an instance of input-level epistemic malfunctioning. At the core of this epistemic normative picture lies the notion of knowledge indicators, as evidential probability increasing facts that one is in a position to know; resistance to evidence is construed as a failure to uptake knowledge indicators.
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  24.  93
    What the doctor should do: perspectivist duties for objectivists about ought.Davide Fassio - 2022 - Philosophical Studies 179 (5):1523-1544.
    Objectivism is the view that how an agent ought to act depends on all kinds of facts, regardless of the agent’s epistemic position with respect to them. One of the most important challenges to this view is constituted by certain cases involving specific conditions of uncertainty—so-called three-options cases. In these cases it seems overwhelmingly plausible that an agent ought to do what is recommendable given her limited perspective, even though the agent knows that this is not objectively the best (...)
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  25. Epistemic duties and failure to understand one’s evidence.Scott Stapleford - 2012 - Principia: An International Journal of Epistemology 16 (1):147-177.
    The paper defends the thesis that our epistemic duty is the duty to proportion our beliefs to the evidence we possess. An inclusive view of evidence possessed is put forward on the grounds that it makes sense of our intuitions about when it is right to say that a person ought to believe some proposition P. A second thesis is that we have no epistemic duty to adopt any particular doxastic attitudes. The apparent tension between the two theses (...)
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  26. In defence of a contented religious exclusivism.Jerome Gellman - 2000 - Religious Studies 36 (4):401-417.
    In this paper I defend the possibility that a ‘contented religious exclusivist’, will be fully rational and not neglectful of any of her epistemic duties when faced with the world’s religious diversity. I present an epistemic strategy for reflecting on one's beliefs and then present two features of religious belief that make contented exclusivism a rational possibility. I then argue against the positions of John Hick, David Basinger, and Steven Wykstra on contented exclusivism, and criticize an overly (...)
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  27.  49
    Towards an Epistemology of ‘Speciesist Ignorance’.Emnée van den Brandeler - 2024 - Res Publica (4).
    The literature on the epistemology of ignorance already discusses how certain forms of discrimination, such as racism and sexism, are perpetuated by the ignorance of individuals and groups. However, little attention has been given to how speciesism—a form of discrimination on the basis of species membership—is sustained through ignorance_._ Of the few animal ethicists who explicitly discuss ignorance, none have related this concept to speciesism as a form of discrimination. However, it is crucial to explore this connection, I argue, as (...)
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  28. How Supererogation Can Save Intrapersonal Permissivism.Han Li - 2019 - American Philosophical Quarterly 56 (2):171-186.
    Rationality is intrapersonally permissive just in case there are multiple doxastic states that one agent may be rational in holding at a given time, given some body of evidence. One way for intrapersonal permissivism to be true is if there are epistemic supererogatory beliefs—beliefs that go beyond the call of epistemic duty. Despite this, there has been almost no discussion of epistemic supererogation in the permissivism literature. This paper shows that this is a mistake. It does this (...)
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  29. Why There May Be Epistemic Duties.Scott Stapleford - 2015 - Dialogue 54 (1):63-89.
    Chase Wrenn argues that there are no epistemic duties. When it appears that we have an epistemic duty to believe, disbelieve or suspend judgement about some proposition P, we are really under a moral obligation to adopt the attitude towards P that our evidence favours. The argument appeals to theoretical parsimony: our conceptual scheme will be simpler without epistemic duties and we should therefore drop them. I argue that Wrenn’s strategy is flawed. There may well (...)
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  30. (1 other version)Why There are No Epistemic Duties.Chase B. Wrenn - 2007 - Dialogue: The Canadian Philosophical Review 46 (1):115-136.
    An epistemic duty would be a duty to believe, disbelieve, or withhold judgment from a proposition, and it would be grounded in purely evidential or epistemic considerations. If I promise to believe it is raining, my duty to believe is not epistemic. If my evidence is so good that, in light of it alone, I ought to believe it is raining, then my duty to believe supposedly is epistemic. I offer a new argument for the claim (...)
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  31. Epistemic Duty and Implicit Bias.Lindsay Rettler & Bradley Rettler - 2020 - In Scott Stapleford & Kevin McCain, Epistemic Duties: New Arguments, New Angles. New York: Routledge. pp. 125-145.
    In this chapter, we explore whether agents have an epistemic duty to eradicate implicit bias. Recent research shows that implicit biases are widespread and they have a wide variety of epistemic effects on our doxastic attitudes. First, we offer some examples and features of implicit biases. Second, we clarify what it means to have an epistemic duty, and discuss the kind of epistemic duties we might have regarding implicit bias. Third, we argue that we have (...)
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  32.  13
    Classical Chisholmian Internalism.Alvin Plantinga - 1993 - In Warrant: The Current Debate. New York,: Oxford University Press.
    In order to examine the relationship between warrant and justification, I turn, in this chapter, to the views of Roderick Chisholm, or, more precisely, to the classical Chisholm. In important respects, the classical Chisholm's internalism displays much continuity with the deontological internalism of Descartes and Locke. The classical Chisholm's official position on warrant is that warrant is a matter of fulfilling epistemic obligation – a matter of a proposition's being so related to a person that he can better fulfill (...)
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  33.  96
    Premise Acceptability, Deontology, Internalism, Justification.James B. Freeman - 1995 - Informal Logic 17 (2).
    Acceptability is a thoroughly normative epistemic notion. If a statement is acceptable, i.e. it is proper to take it as a premise, then one is justified in accepting it. We also hold that a statement is acceptable just in case there is a presumption of warrant in its favor. We thus see acceptability connected to epistemic normativity on the one hand and to warrant on the other. But there is a distinct tension in this dual connection. The dominant (...)
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  34. The Epistemic Duty to Seek More Evidence.Richard J. Hall & Charles R. Johnson - 1998 - American Philosophical Quarterly 35 (2):129 - 139.
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  35.  10
    Epistemic Duty and Commensurability. 이주한 - 2019 - Cheolhak-Korean Journal of Philosophy 138:51-74.
    인식적 의무는 전통적으로 믿음에 귀속되는 의무로 이해되어 왔다. 그리고 인식적 의무의 이 특징은 인식적 의무를 다른 종류의 의무들과 구분되게 하는, 그리고 더 나아가 다른 종류의 의무들과 통약 불가능하게 하는 주된 요인의 하나로 간주되어 왔다. 그러나 인식적 의무의 믿음 귀속에 대한 최근의 비판적 논의는 인식적 의무의 독특한 지위에 대해 근본적인 물음을 던지게 한다. 이러한 맥락에서 본 논문은 인식적 의무가 고유한 종류의 의무인지 아니면 다른 종류의 의무들과 통약 가능한 의무인지 논의를 진행한다. 이를 위해 우선, 인식적 의무의 행위 귀속성을 주장하는 이주한의 견해를 간략히 (...)
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  36. Evidentialism and Epistemic Duties to Inquire.Emily C. McWilliams - 2023 - Philosophical Quarterly 73 (4):965-982.
    Are there epistemic duties to inquire? The idea enjoys intuitive support. However, prominent evidentialists argue that our only epistemic duty is to believe well (i.e., to have doxastically justified beliefs), and doing so does not require inquiry. Against this, I argue that evidentialists are plausibly committed to the idea that if we have epistemic duties to believe well, then we have epistemic duties to inquire. This is because on plausible evidentialist views of evidence (...)
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  37. Positive epistemic status and proper function.Alvin Plantinga - 1988 - Philosophical Perspectives 2:1-50.
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  38. The Epistemic Duties of Philosophers: An Addendum.Philippe van Basshuysen & Lucie White - 2021 - Kennedy Institute of Ethics Journal 31 (4):447-451.
    We were slightly concerned, upon having read Eric Winsberg, Jason Brennan and Chris Surprenant’s reply to our paper “Were Lockdowns Justified? A Return to the Facts and Evidence”, that they may have fundamentally misunderstood the nature of our argument, so we issue the following clarification, along with a comment on our motivations for writing such a piece, for the interested reader.
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  39. Moderate intuitionism and the epistemology of moral judgment.Robert Audi - 1998 - Ethical Theory and Moral Practice 1 (1):15-44.
    This paper outlines and defends a moderate intuitionism. The point of departure is the intuitionism of W. D. Ross (1930) in The Right and the Good, conceived as ethically pluralist and epistemologically rationalist. The paper articulates a conception of self-evidence – including mediate as well as immediate kinds – appropriate to a moderate intuitionism, explores some of the resources and varieties of that position, and considers some problems and prospects for a rationalist version of intuitionism. The final section addresses the (...)
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  40.  87
    Epistemic injustice in psychiatric practice: epistemic duties and the phenomenological approach.Anna Drożdżowicz - 2021 - Journal of Medical Ethics 47 (12):69-69.
    Epistemic injustice is a kind of injustice that arises when one’s capacity as an epistemic subject is wrongfully denied. In recent years it has been argued that psychiatric patients are often harmed in their capacity as knowers and suffer from various forms of epistemic injustice that they encounter in psychiatric services. Acknowledging that epistemic injustice is a multifaceted problem in psychiatry calls for an adequate response. In this paper I argue that, given that psychiatric patients deserve (...)
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  41.  11
    Epistemic Acceptance and Synchronic Epistemic Duty. 이주한 - 2017 - Cheolhak-Korean Journal of Philosophy 132:111-137.
    믿음의 수의성에 관한 올스톤의 비판적 논의가 제시된 이래, 많은 철학자들은 적어도 직접적으로는 우리가 믿음을 제어하지 못한다는 것에 어느 정도 동의하는 듯 보인다. 그런데 믿음의 불수의성에 관한 이러한 견해는 소위 ‘당위는 가능성을 함축한다’는 원리와 더불어 인식적 규범에 관한 역설을 낳는다. 필자는 본 논문에서 이 역설에 관하여 기존의 해결책들과 근본적으로 다른 대안적 해결책을 제시한다. 이를 위해 우선, 표현 ‘믿음’이 어떠한 식으로 사용되는지 그 쓰임을 살펴보고, 이를 통해 ‘믿음’이 맥락에 따라 불수의적인 심적성향뿐 아니라 필자가 ‘인식적 수용’이라 부르는 심적 행위 또한 의미한다는 것을 드러낸다. (...)
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  42. Critical reflection: an alleged epistemic duty.Paul Tidman - 1996 - Analysis 56 (4):268-276.
  43. The Ethics of Partiality.Benjamin Lange - 2022 - Philosophy Compass 1 (8):1-15.
    Partiality is the special concern that we display for ourselves and other people with whom we stand in some special personal relationship. It is a central theme in moral philosophy, both ancient and modern. Questions about the justification of partiality arise in the context of enquiry into several moral topics, including the good life and the role in it of our personal commitments; the demands of impartial morality, equality, and other moral ideals; and commonsense ideas about supererogation. This paper provides (...)
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  44. A hyperintensional approach to positive epistemic possibility.Niccolò Rossi & Aybüke Özgün - 2023 - Synthese 202 (44):1-29.
    The received view says that possibility is the dual of necessity: a proposition is (metaphysically, logically, epistemically etc.) possible iff it is not the case that its negation is (metaphysically, logically, epistemically etc., respectively) necessary. This reading is usually taken for granted by modal logicians and indeed seems plausible when dealing with logical or metaphysical possibility. But what about epistemic possibility? We argue that the dual definition of epistemic possibility in terms of epistemic necessity generates tension when (...)
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  45. What does it take to establish that a world is uninhabited prior to exploitation? – A question of ethics as well as science.Erik Persson - 2014 - Challenges 5:224-238.
    If we find life on another world, it will be an extremely important discovery and we will have to take great care not to do anything that might endanger that life. If the life we find is sentient we will have moral obligations to that life. Whether it is sentient or not, we have a duty to ourselves to preserve it as a study object, and also because it would be commonly seen as valuable in its own right. In addition (...)
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    The original position revisited: duty and justification.Mauro Engelmann - 2010 - Manuscrito 33 (2):407-423.
    Dworkin claimed that hypothetical agreements are not binding and, thus, that the argument from the Original Position in Rawls’ A Theory of Justice does not justify or ground the principles of justice. I argue that the Original Position is neither foundational nor in need of a “deep theory”, as claims Dworkin; it is only a means of clarification, a sort of “perspicuous representation” of our judgments concerning justice. I also argue that the natural duty of justice works as a non-hypothetical (...)
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    (1 other version)Human rights and positive corporate duties: the importance of corporate–state interaction.Ivar Kolstad - 2012 - Business Ethics, the Environment and Responsibility 21 (3):276-285.
    While it is commonly accepted that corporations have negative duties to respect human rights, the question of whether rights also imply positive duties for corporations is contentious. The recent reports of the United Nations special representative on business and human rights contend that corporations do not have positive duties, but the arguments this is based on are flawed from an ethical point of view. In particular, the reports fail to consider the implications of interactions between (...)
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  48. Psychological capacity and positive epistemic status.Peter J. Graham - 2011 - In Jill Graper Hernandez, The New Intuitionism. London: Continuum. pp. 128-150.
  49. The Ethics of Resisting Deportation.Rutger Birnie - 2019 - Proceedings of the 2018 ZiF Workshop “Studying Migration Policies at the Interface Between Empirical Research and Normative Analysis”.
    Can anti-deportation resistance be justified, and if so how and by whom may, or perhaps should, unjust deportations be resisted? In this paper, I seek to provide an answer to these questions. The paper starts by describing the main forms and agents of anti-deportation action in the contemporary context. Subsequently, I examine how different justifications for principled resistance and disobedience may each be invoked in the case of deportation resistance. I then explore how worries about the resister’s motivation for engaging (...)
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    Derivative Recognition and Intersystemic Interpretation.Nina Varsava - 2024 - Legal Theory 30 (3):170-197.
    In intersystemic cases, a court applies the law of a foreign system. Scholars have argued that the court ought to use the interpretive methodology of the foreign system’s courts. I argue against that intuitive position. First, interpretive methodology is not bound up with primary rights and duties such that it constitutes substantive law for conflict of laws purposes. Second, although interpretive methodology has epistemic value and may affect case outcomes, a given methodology might not have the same (...) value or the same effect on outcomes for differently situated interpreters. Further, the approach that the foreign judges take to interpreting their own law is necessarily anchored to the foreign system’s rule of recognition, which is not true of the approach of external judges. Descriptive facts might align such that external interpreters would have to use the internal methodology to identify the applicable law, but that’s an empirical question the answer to which will vary from case to case. (shrink)
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