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Shaping the Normative Landscape

Shaping the Normative Landscape
Author: David Owens
Publisher: Oxford University Press (UK)
Total Pages: 271
Release: 2012-09-20
Genre: Law
ISBN: 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.


Shaping the Normative Landscape

Shaping the Normative Landscape
Author: David Owens
Publisher: Oxford University Press
Total Pages:
Release: 2012-09-20
Genre: Philosophy
ISBN: 0191654965

Download Shaping the Normative Landscape Book in PDF, ePub and Kindle

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

Normativity and Control
Author: David Owens
Publisher: Oxford University Press
Total Pages: 318
Release: 2018-01-26
Genre: Philosophy
ISBN: 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

Bound by Convention
Author: David Owens
Publisher: Oxford University Press
Total Pages: 278
Release: 2022-08-04
Genre: Philosophy
ISBN: 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

Norms in Technology
Author: Marc J de Vries
Publisher: Springer Science & Business Media
Total Pages: 238
Release: 2012-11-30
Genre: Philosophy
ISBN: 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.


Promising and the Normative Landscape of Relationships

Promising and the Normative Landscape of Relationships
Author: Audrey Powers
Publisher:
Total Pages: 81
Release: 2020
Genre:
ISBN:

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Our most important interpersonal relationships are often the sites of our most meaningful promises, from the promises we extract from our parents as children in order to receive assurance from a position of little power to the promises we make to our partners in romantic relationship to negotiate the commitments we hold. Academic philosophy as a whole has generally paid too little attention to the social and moral significance of these promises, and the ways in which they shape our relationships. Promises allow us to, among other things, make lifelong commitments to other people and establish norms for the ways we treat each other in relationships. A promise to pick up ones partner at the airport after a flight gets in can result, on the most basic level, in a person getting picked up (or not picked up) at a terminal at an agreed-upon time. But such a promise can also set norms for how two people in a relationship demonstrate love and respect for each other, how they position themselves as committed and reliable, or, on the other hand, how they fail to do any of these things. Therefore, in this thesis, my aim is to explore the practice of promising within interpersonal relationships and begin to present an account of promising that appropriately privileges the function of promises as relationship norm-setting tools. In the first chapter, I will examine Mark Lance and Quill R Kuklas account of calls as it relates to promising in order to demonstrate the complexity of the ways in which we promise and respond to promises within our important relationships, and will examine a number of hypothetical cases of promising within relationships under Lance and Kuklas account. In the second chapter, I will consider the features of an account of promising that explains the importance of promising in relationships, and will come up with three desired criteria for an account of promising. These criteria relate to 1) the uptake given by the promisee, 2) the time over which the promise is made and accepted, and 3) the subject matter and content of promises in relationships (particularly in romantic relationships). In the third and final chapter, I will evaluate three accounts of promising – T.M. Scanlons expectational account, Seana Shiffrins rights-transfer account, and J.L. Austins speech act account – on the basis of my three desired criteria for an account of promising, and will conclude that Austins account, with some modifications, best explains (or is least likely to preclude the existence of) the relationship-related goods and ills that I see as an effect of promising.


European Contract Law and the Creation of Norms

European Contract Law and the Creation of Norms
Author: Stefan Grundmann
Publisher: European Contract Law and Theory
Total Pages: 400
Release: 2021-03
Genre:
ISBN: 9781780689654

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The book provides a broad and topical perspective of the sources of modern contract law. It examines the creation of contract law as a multi-pronged occurrence that involves diverse types of normative content and various actors. The book encompasses both a classical perspective on contract law as a state-created edifice and also delves into the setting of contractual rules by non-state actors. In so doing, the volume thoroughly analyses present-day developments to make sense of shifting attitudes towards the overall regulatory paradigm of contract law and those that reshape the classic view of the sources of contract law. The latter concerns, in particular, the digitalisation of markets and growing trends towards granularisation and personalisation of rules.00The book builds on the EU private law perspective as its primary point of reference. At the same time, its reach goes far beyond this domain to include in-depth analysis from the vantage points of general contract theory and comparative analysis. In so doing, it pays particular attention to theoretical foundations of sources of contract law and values that underpin them. By adopting such diversified perspectives, the book attempts to provide for a better understanding of the nature and functions of present-day contract law by capturing the multitude of social and economic dynamics that shape its normative landscape.00The volume gathers a unique and distinguished group of contributors from the EU, USA and Israel. They bring research experience from various areas of private law and contribute with diverse conceptual perspectives.


The Right of Redress

The Right of Redress
Author: Andrew S. Gold
Publisher: Oxford Legal Philosophy
Total Pages: 257
Release: 2020
Genre: Law
ISBN: 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'.


The Moral Nexus

The Moral Nexus
Author: R. Jay Wallace
Publisher: Princeton University Press
Total Pages: 328
Release: 2024-12-17
Genre: Philosophy
ISBN: 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

Just Words
Author: Mary Kate McGowan
Publisher: Oxford University Press
Total Pages: 192
Release: 2019-01-24
Genre: Philosophy
ISBN: 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.