Shaping the Normative Landscape
Shaping the Normative Landscape

Author: David Owens

Publisher: Oxford University Press (UK)

Published: 2012-09-20

Total Pages: 271

ISBN-13: 0199691509

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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.

The Moral Nexus
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.

The Right of Redress
The Right of Redress

Author: Andrew Gold

Publisher: Oxford University Press

Published: 2020-07-17

Total Pages: 208

ISBN-13: 0192545574

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The law enables private parties to undo the wrongs committed against them, allowing victims to seek redress. A distinctive kind of justice governs our legal rights of redress, different from the leading corrective justice approaches. Through analysis of this key idea, The Right of Redress helps to make sense of tort, contract, fiduciary law, and unjust enrichment doctrine. When a wrong is remedied, the authorship of that remedy matters. The justice in private law is sensitive to a right holder's authorship, and understanding how solves a number of legal theory puzzles. Many forms of redress are only available with state assistance, and a full account of private law requires an account of the state's responsibility to assist. It also requires an explanation of those cases in which the state declines to assist. Prior accounts have drawn on Kantian principles or a Lockean social contract theory, where The Right of Redress, drawing on public fiduciary theory, develops a distinctive account of the state's role. This book offers a new take on various modern features of the private law landscape, ranging from equity, to damage caps, to arbitration, to corporate claims, to class actions. The Right of Redress thus offers a pathbreaking account of the justice in private law, the political theory that underlies it, and the contemporary features that shape our rights of redress today.

Oxford Studies in Metaethics, Volume 17
Oxford Studies in Metaethics, Volume 17

Author: Russ Shafer-Landau

Publisher: Oxford University Press

Published: 2022-03-21

Total Pages: 303

ISBN-13: 0192689371

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Oxford Studies in Metaethics is the only publication devoted exclusively to original philosophical work in the foundations of ethics. It provides an annual selection of much of the best new scholarship being done in the field. Its broad purview includes work being done at the intersections of ethical theory with metaphysics, epistemology, philosophy of language, and philosophy of mind. The essays included in the series provide an excellent basis for understanding recent developments in the field; those who would like to acquaint themselves with the current state of play in metaethics would do well to start here.

The EU, the US and Global Climate Governance
The EU, the US and Global Climate Governance

Author: Christine Bakker

Publisher: Routledge

Published: 2016-02-17

Total Pages: 310

ISBN-13: 131703340X

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This volume presents a critical analysis of transatlantic relations in the field of environmental governance and climate change. The work focuses on understanding the possible trends in the evolution of global environmental governance and the prospects for breaking the current impasse on climate action. Drawing on research involving experts from eleven different universities and institutes, the authors provide innovative analyses on policy measures taken by the EU and the US, the world’s largest economic and commercial blocs, in a number of fields, ranging from general attitudes on environmental leadership with regard to climate change, to energy policies, new technologies for hydrocarbons extraction and carbon capture, as well as the effects of extreme weather events on climate-related political attitudes. The book examines the way in which the current attitudes of the EU and the US with regard to climate change will affect international cooperation and the building of consensus on possible climate policies, and looks to the future for international environmental governance, arguably one of the most pressing concerns of civilisation today. This book, which is based on research carried out in the context of the EU-financed FP7 research project TRANSWORLD, will appeal to academics, policy makers and practitioners seeking a deeper understanding of the challenges resulting from climate change.

The New Yearbook for Phenomenology and Phenomenological Philosophy
The New Yearbook for Phenomenology and Phenomenological Philosophy

Author: Burt C. Hopkins

Publisher: Taylor & Francis

Published: 2022-09-14

Total Pages: 290

ISBN-13: 1000645126

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Volume XIX Reinach and Contemporary Philosophy Aim and Scope: The New Yearbook for Phenomenology and Phenomenological Philosophy provides an annual international forum for phenomenological research in the spirit of Husserl’s groundbreaking work and the extension of this work by such figures as Scheler, Heidegger, Sartre, Levinas, Merleau-Ponty, and Gadamer. Contributors: Emanuela Carta, Maciej Czerkawski, Francesca De Vecchi, Aurélien Djian, Christopher Erhard, Guillaume Fréchette, Hynek Janoušek, Olimpia Giuliana Loddo, Giuseppe Lorini, Karl Mertens, Riccardo Paparusso, Fabio Tommy Pellizzer, Francesco Pisano, Alessandro Salice, Denis Seron, Michela Summa, Genki Uemura, Basil Vassilicos, and Íngrid Vendrell Ferran. Submissions: Manuscripts, prepared for blind review, should be submitted to the Editors ([email protected] and [email protected]) electronically via e-mail attachments.

The Moral Psychology of Sadness
The Moral Psychology of Sadness

Author: Anna Gotlib

Publisher: Rowman & Littlefield

Published: 2017-11-30

Total Pages: 227

ISBN-13: 178348862X

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What does it mean to be sad? What difference does it make whether, how, and why we experience our own, and other people’s, sadness? Is sadness always appropriate and can it be a way of seeing more clearly into ourselves and others? In this volume, a multi-disciplinary team of scholars - from fields including philosophy, women’s and gender studies, bioethics and public health, and neuroscience - addresses these and other questions related to this nearly-universal emotion that all of us experience, and that some of us dread. Somewhat surprisingly, sadness has been largely ignored by philosophers and others within the humanities, or else under-theorized as a subject worthy of serious and careful attention. This volume reverses this trend, presenting sadness as not merely a feeling or affect, but an emotion of great moral significance that in important ways underwrites how we understand ourselves and each other.

The Roots of Normativity
The Roots of Normativity

Author: Joseph Raz

Publisher: Oxford University Press

Published: 2022

Total Pages: 315

ISBN-13: 0192847007

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"This book concerns one of the most basic philosophical questions: the explanation of normativity in its many guises. It lays out succinctly the view of normativity that Raz has sought to develop over many decades and determines its contours through some of its applications. In a nutshell, it is the view that understanding normativity is understanding the roles and structures of normative reasons which, when they are reasons for actions, are based on values. The book aims also to clarify the ways in which normative reasons are made for rational beings like us. It brings the account of normativity to bear on many aspects of the lives of rational beings, most abstractly, their agency, more concretely their ability to form and maintain relationships, and live their lives as social beings with a sense of their identity"--

Borderlines in Private Law
Borderlines in Private Law

Author:

Publisher: Oxford University Press

Published: 2024-10-17

Total Pages: 321

ISBN-13: 0198888783

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Mapmaking analogies are a longstanding hallmark of private law scholarship, but the boundaries between subject areas are not always neat and tidy. Can lines be drawn between property and obligations, or common law and equity? Should tort and unjust enrichment be subordinate to the law of contract? Should equity enforce agreements that contract does not? Are equitable wrongs meaningfully different from torts? Where do these borders sit, and what does one do with areas that intersect? In this collection of essays, several of the UK's leading academic lawyers discuss these borderlines and intersections. Covering five broad topics—contract, tort, unjust enrichment, property, and equity—the contributors take varied approaches. Some argue for distinct categories and the careful maintenance of borders, while others celebrate cross-border exchanges, or say that any attempt to draw and maintain borders is a futile endeavour. In addition to the contributions from academic lawyers, the book contains responses from senior members of the UK judiciary, including Lord Sales and Lady Carr, offering their perspectives on these debates, and advice on how to structure, order, and understand private law in the context of real-world disputes. With an esteemed group of contributors, Borderlines in Private Law is at the cutting edge of modern private law scholarship, providing invaluable discussion on the interactions between contract, tort, equity, unjust enrichment, and property law.

Just Words
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.