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Author: David Owens
Publisher: Oxford University Press (UK)
ISBN: 0199691509
Category : Law
Languages : en
Pages : 271
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Book Description
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.
Author: David Owens
Publisher: Oxford University Press (UK)
ISBN: 0199691509
Category : Law
Languages : en
Pages : 271
Get Book Here
Book Description
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.
Author: David Owens
Publisher: Oxford University Press
ISBN: 0191654965
Category : Philosophy
Languages : en
Pages :
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Book Description
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.
Author: David Owens
Publisher: Oxford University Press
ISBN: 0192547623
Category : Philosophy
Languages : en
Pages : 318
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Book Description
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.
Author: David Owens
Publisher: Oxford University Press
ISBN: 0192649485
Category : Philosophy
Languages : en
Pages : 278
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Book Description
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.
Author: Marc J de Vries
Publisher: Springer Science & Business Media
ISBN: 9400752431
Category : Philosophy
Languages : en
Pages : 238
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Book Description
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.
Author: R. Jay Wallace
Publisher: Princeton University Press
ISBN: 069126483X
Category : Philosophy
Languages : en
Pages : 328
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Book Description
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.
Author: Andrew Gold
Publisher: Oxford University Press
ISBN: 0192545574
Category : Law
Languages : en
Pages : 208
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Book Description
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.
Author: Mary Kate McGowan
Publisher: Oxford University Press
ISBN: 0192565222
Category : Philosophy
Languages : en
Pages : 192
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Book Description
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.
Author:
Publisher: Oxford University Press
ISBN: 0198888783
Category : Law
Languages : en
Pages : 321
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Book Description
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.
Author: George Letsas
Publisher: Oxford University Press, USA
ISBN: 0198713010
Category : Law
Languages : en
Pages : 417
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Book Description
The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.
