Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Ethics and Political Philosophy (2)
- Conflict of Laws (1)
- Constitutional Law (1)
- Continental Philosophy (1)
- European Law (1)
-
- Human Rights Law (1)
- International Law (1)
- International Relations (1)
- Jurisprudence (1)
- Law (1)
- Law and Politics (1)
- Law and Society (1)
- Legal Studies (1)
- Legal Theory (1)
- Political Science (1)
- Political Theory (1)
- Public Law and Legal Theory (1)
- Rule of Law (1)
- Social and Behavioral Sciences (1)
- Transnational Law (1)
- Keyword
-
- Democracy (2)
- Act-type (1)
- Emergence (1)
- Golden rule (1)
- Habermas (1)
-
- Human rights (1)
- Inclusion (1)
- Intention (1)
- Islam (1)
- Judicial review (1)
- Kelsen (1)
- Law (1)
- Legitimacy (1)
- Moral nature (1)
- Non-reductive formalism (1)
- Non-reductive materialism (1)
- Non-reductive physicality (1)
- Persia (1)
- Philosophy (1)
- Physical entities (1)
- Physical states (1)
- Positivism (1)
- Principle of double effect (1)
- Realism (1)
- Schmitt (1)
Articles 1 - 5 of 5
Full-Text Articles in Arts and Humanities
The Constraint Interpretation Of Physical Emergence, James Blachowicz
The Constraint Interpretation Of Physical Emergence, James Blachowicz
Philosophy: Faculty Publications and Other Works
I develop a variant of the constraint interpretation of the emergence of purely physical (non-biological) entities, focusing on the principle of the non-derivability of actual physical states from possible physical states (physical laws) alone. While this is a necessary condition for any account of emergence, it is not sufficient, for it becomes trivial if not extended to types of constraint that specifically constitute physical entities, namely, those that individuate and differentiate them. Because physical organizations with these features are in fact interdependent sets of such constraints, and because such constraints on physical laws cannot themselves be derived from physical laws, …
The Principle Of Double Effect: Act-Types And Intentions, James G. Murphy
The Principle Of Double Effect: Act-Types And Intentions, James G. Murphy
Philosophy: Faculty Publications and Other Works
Objections to the principle of double effect usually concern its first and second conditions (that the act not be evil in itself, and that the good effect and not the evil effect be intended). The difficulties often arise from a rejection of the idea that acts have a moral nature independent of context, and a tendency to interpret intention as purely psychological. This article argues that the “act itself” should be understood as the act-type, and suggests that examples of evil act-types are not hard to find. It argues that the notion of intention is involved in both conditions, but …
Democracy And Scientific Expertise: Illusions Of Political And Epistemic Inclusion, J.D. Trout
Democracy And Scientific Expertise: Illusions Of Political And Epistemic Inclusion, J.D. Trout
Philosophy: Faculty Publications and Other Works
Realizing the ideal of democracy requires political inclusion for citizens. A legitimate democracy must give citizens the opportunity to express their attitudes about the relative attractions of different policies, and access to political mechanisms through which they can be counted and heard. Actual governance often aims not at accurate belief, but at nonepistemic factors like achieving and maintaining institutional stability, creating the feeling of government legitimacy among citizens, or managing access to influence on policy decision-making. I examine the traditional relationship between inclusiveness and accuracy, and illustrate this connection by discussing empirical work on how group decision-making can improve accuracy. …
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Philosophy: Faculty Publications and Other Works
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
Persia And The Golden Rule, Harry J. Gensler
Persia And The Golden Rule, Harry J. Gensler
Philosophy: Faculty Publications and Other Works
My paper has two parts. First, I talk about the golden rule. After introducing the rule and its global importance, I explain why many scholars dismiss it as a vague proverb that leads to absurdities when we try to formulate it clearly. I defend the golden rule against such objections. Second, I talk about the golden rule in Persia and Islam; I consider Persian sources (Muslim and non-Muslim) and also non-Persian Muslim sources. I show that the golden rule is deeply rooted in Persia and Islam. And I point out special ways that this tradition‘s understanding of the golden rule …