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Shaping the Normative Landscape

Author: David Owens

Publisher: Oxford University Press (UK)

Published: 2012-09-20

Total Pages: 271

ISBN-13: 0199691509

Shaping the Normative Landscape is an investigation of the value of obligations and of rights, of forgiveness, of consent and refusal, of promise and request. David Owens shows that these are all instruments by which we exercise control over our normative environment. Philosophers from Hume to Scanlon have supposed that when we make promises and give our consent, our real interest is in controlling (or being able to anticipate) what people will actually do and that our interest in rights and obligations is a by-product of this more fundamental interest. In fact, we value for its own sake the ability to decide who is obliged to do what, to determine when blame is appropriate, to settle whether an act wrongs us. Owens explores how we control the rights and obligations of ourselves and of those around us. We do so by making friends and thereby creating the rights and obligations of friendship. We do so by making promises and so binding ourselves to perform. We do so by consenting to medical treatment and thereby giving the doctor the right to go ahead. The normative character of our world matters to us on its own account. To make sense of promise, consent, friendship and other related phenomena we must acknowledge that normative interests are amongst our fundamental interests. We must also rethink the psychology of agency and the nature of social convention.

Normativity and Control

Author: David Owens

Publisher: Oxford University Press

Published: 2018-01-26

Total Pages: 271

ISBN-13: 0192547623

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Do we control what we believe? Are we responsible for what we believe? These two questions are connected: the kind of responsibility we have for our beliefs depends on the form of control that we have over them. For a number of years David Owens has investigated what form of control we must have over something in order to be held to the norms governing that thing, and has argued that belief, intention and action each require a different type of control. The forms of freedom appropriate to each of them vary, and so do the presuppositions of responsibility associated with each of them. Issues in the moral psychology of belief cast light on some of the traditional problems of epistemology and in particular on the problems of scepticism and testimony. In this series of ten essays Owens explores various different forms of control we might have over belief and the different forms of responsibility they generate. He brings into the picture notable recent work in epistemology: on assurance theories of testimony, on 'pragmatic encroachment', on the aim of belief and on the value of knowledge. He also considers topics in related fields such as the philosophy of mind (e.g. the problem of self-knowledge and theories of the first person) and the philosophy of action (e.g. the guise of the good and the role of the will in free agency). Finally, Owens suggests a non-standard reading of the sceptical tradition in early modern philosophy as we find it in Descartes and Hume. Seven of the essays collected here are previously published, one has been heavily revised, and two are previously unpublished. Owens provides a substantial introduction bringing together the themes of the essays.

Bound by Convention

Author: David Owens

Publisher: Oxford University Press

Published: 2022-08-04

Total Pages: 278

ISBN-13: 0192649485

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How should we assess the social structures that govern human conduct and settle whether we are bound by their rules? One approach is to ask whether those social arrangements (e.g. our family structures) reflect pre-conventional facts about our nature. If they do, compliance will serve our interests because these rules are not just conventions. Another approach is to ask whether following a convention has desirable consequences. For example, the rule which makes the dollar bill legal tender is a convention and the great usefulness of having a medium of exchange ensures that we should follow that convention by accepting paper money in return for things of real value. This work argues that being bound by a convention can also be valuable for its own sake. People need meaning in their lives and conventions infuse acts and attitudes with normative significance, rendering them right or wrong, appropriate or inappropriate, required or forbidden. Such rules bind us not just in virtue of their usefulness but also because their absence would impoverish our social world. Appreciating this point is essential to a proper understanding of our cultures of neighbourliness and hospitality, family structures, systems of property rights, conventions around speech, the norms governing how we deport ourselves in public, and even the rules of a game.

Norms in Technology

Author: Marc J de Vries

Publisher: Springer Science & Business Media

Published: 2012-11-30

Total Pages: 238

ISBN-13: 9400752431

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This book is a distinctive fusion of philosophy and technology, delineating the normative landscape that informs today’s technologies and tomorrow’s inventions. The authors examine what we deem to be the internal norms that govern our ever-expanding technical universe. Recognizing that developments in technology and engineering literally create our human future, transforming existing knowledge into tomorrow’s tools and infrastructure, they chart the normative criteria we use to evaluate novel technological artifacts: how, for example, do we judge a ‘good’ from a ‘bad’ expert system or nuclear power plant? As well as these ‘functional’ norms, and the norms that guide technological knowledge and reasoning, the book examines commonly agreed benchmarks in safety and risk reduction, which play a pivotal role in engineering practice. Informed by the core insight that, in technology and engineering, factual knowledge relating, for example, to the properties of materials or the load-bearing characteristics of differing construction designs is not enough, this analysis follows the often unseen foundations upon which technologies rest—the norms that guide the creative forces shaping the technical landscape to come. The book, a comprehensive survey of these emerging topics in the philosophy of technology, clarifies the role these norms (epistemological, functional, and risk-assessing) play in technological innovation, and the consequences they have for our understanding of technological knowledge.

The Moral Nexus

Author: R. Jay Wallace

Publisher: Princeton University Press

Published: 2024-12-17

Total Pages: 328

ISBN-13: 069126483X

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A new way of understanding the essence of moral obligation The Moral Nexus develops and defends a new interpretation of morality—namely, as a set of requirements that connect agents normatively to other persons in a nexus of moral relations. According to this relational interpretation, moral demands are directed to other individuals, who have claims that the agent comply with these demands. Interpersonal morality, so conceived, is the domain of what we owe to each other, insofar as we are each persons with equal moral standing. The book offers an interpretative argument for the relational approach. Specifically, it highlights neglected advantages of this way of understanding the moral domain; explores important theoretical and practical presuppositions of relational moral duties; and considers the normative implications of understanding morality in relational terms. The book features a novel defense of the relational approach to morality, which emphasizes the special significance that moral requirements have, both for agents who are deliberating about what to do and for those who stand to be affected by their actions. The book argues that relational moral requirements can be understood to link us to all individuals whose interests render them vulnerable to our agency, regardless of whether they stand in any prior relationship to us. It also offers fresh accounts of some of the moral phenomena that have seemed to resist treatment in relational terms, showing that the relational interpretation is a viable framework for understanding our specific moral obligations to other people.

Just Words

Author: Mary Kate McGowan

Publisher: Oxford University Press

Published: 2019-01-24

Total Pages: 192

ISBN-13: 0192565230

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We all know that speech can be harmful. But what are the harms and how exactly does the speech in question brings those harms about? Mary Kate McGowan identifies a previously overlooked mechanism by which speech constitutes, rather than merely causes, harm. She argues that speech constitutes harm when it enacts a norm that prescribes that harm. McGowan illustrates this theory by considering many categories of speech including sexist remarks, racist hate speech, pornography, verbal triggers for stereotype threat, micro-aggressions, political dog whistles, slam poetry, and even the hanging of posters. Just Words explores a variety of harms - such as oppression, subordination, discrimination, domination, harassment, and marginalization - and ways in which these harms can be remedied.

Bound by Convention

Author: David Owens

Publisher: Oxford University Press

Published: 2022-09

Total Pages: 278

ISBN-13: 0192896121

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The Right of Redress

Author: Andrew S. Gold

Publisher: Oxford Legal Philosophy

Published: 2020

Total Pages: 257

ISBN-13: 0198814402

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The Right of Redress advances the discussion of corrective justice in private law by refocusing the reversal of transactions away from the prevailing account of the wrongdoer's remedial duty and toward the right of an individual to obtain redress, what the author terms 'redressive justice'.

Philosophical Foundations of Contract Law

Author: Gregory Klass

Publisher: OUP Oxford

Published: 2014-12-19

Total Pages: 417

ISBN-13: 0191022071

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In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.

Contemporary issues in international law by Kenneth Mwenda 2021

Author: Kenneth Mwenda

Publisher: Pretoria University Law Press

Published: 2021-01-01

Total Pages: 168

ISBN-13:

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About the publication “Whether International Law is really law is one of those vexed questions that still linger. Prof. Mwenda’s three-pillar approach to looking at International Law is an exceedingly useful conceptual framework which is, at the same time, emblematic of the malleable nature of the discipline. The analysis demonstrates when States pay attention to international law, why they feel compelled to do so, when they choose not to, and why all that matters. This is an extremely timely and accessible book which should be useful to the legal academy and to practitioners.” –DR VICTOR B. MOSOTI Chief Counsel for Environmental and International Law, Legal Vice-Presidency, The World Bank “Prof. Mwenda’s book, ‘Contemporary Issues in International Law’, is a must-read masterpiece on international law for practitioners, academics and students of public international law. It is a thought-provoking book that touches on contemporary issues confronting international law at a time when multilateralism…is under serious threat. It touches on issues that need to be discussed and addressed in order to be able to deal with the emerging challenges of rising nationalism among leading nations of the world.” –BRIAN CHIGAWA, ESQ Director of Legal and Corporate Affairs, Common Market for Eastern and Southern Africa (COMESA)