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Explaining compensatory duties

Legal Theory 16 (2):91-110 (2010)

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  1. Responsibility and Fault.[author unknown] - 2001 - Philosophical Quarterly 51 (202):130-132.
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  • Responsibility and Fault.[author unknown] - 2000 - Mind 109 (436):937-940.
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  • Mortal Questions.[author unknown] - 1979 - Tijdschrift Voor Filosofie 43 (3):578-578.
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  • The paradoxes of deontic logic: the simplest solution to all of them in one fell swoop.Hector-Neri Castañeda - 1981 - In Risto Hilpinen (ed.), New Studies in Deontic Logic: Norms, Actions, and the Foundations of Ethics. Dordrecht, Netherland: Wiley-Blackwell. pp. 37--85.
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  • Moral Luck.B. A. O. Williams & T. Nagel - 1976 - Aristotelian Society Supplementary Volume 50 (1):115-152.
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  • I Ought, Therefore I Can.Peter B. M. Vranas - 2007 - Philosophical Studies 136 (2):167-216.
    I defend the following version of the ought-implies-can principle: (OIC) by virtue of conceptual necessity, an agent at a given time has an (objective, pro tanto) obligation to do only what the agent at that time has the ability and opportunity to do. In short, obligations correspond to ability plus opportunity. My argument has three premises: (1) obligations correspond to reasons for action; (2) reasons for action correspond to potential actions; (3) potential actions correspond to ability plus opportunity. In the (...)
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  • Rights, Restitution, and Risk: Essays in Moral Theory.Margery Bedford Naylor - 1989 - Noûs 23 (3):399-401.
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  • What’s Wrong with Infringements : A Reply.John Oberdiek - 2008 - Law and Philosophy 27 (3):293 - 307.
    An earlier article of mine, 'Lost in Moral Space: On the Infringing/Violating Distinction and its Place in the Theory of Rights', was devoted to rebutting Judith Jarvis Thomson's arguments in favor of incorporating the distinction between (permissibly) infringing and (impermissibly) violating a right. In 'A Defence of Infringement', Andrew Botterell maintains that my criticisms and attempted rebuttals of Thomson's position fail, and that despite my efforts to show otherwise, the category of right infringements is secure. In this reply, I explain (...)
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  • Lost in moral space: On the infringing/violating distinction and its place in the theory of rights.John Oberdiek - 2004 - Law and Philosophy 23 (4):325 - 346.
    The infringing/violating distinction, first drawn by Judith Jarvis Thomson, is central to much contemporary rights theory. According to Thomson, conduct that is in some sense opposed to a right infringes it, while conduct that is also wrong violates the right. This distinction finds a home what I call, borrowing Robert Nozick's parlance, a "moral space" conception of rights, for the infringing/violating distinction presupposes that, as Nozick puts it, "a line (or hyper-plane) circumscribes an area in moral space around an individual." (...)
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  • Mortal questions.Thomas Nagel - 1979 - New York: Cambridge University Press.
    Death.--The absurd.--Moral luck.--Sexual perversion.--War and massacre.--Ruthlessness in public life.--The policy of preference.--Equality.--The fragmentation of value.--Ethics without biology.--Brain bisection and the unity of consciousness.--What is it like to be a bat?--Panpsychism.--Subjective and objective.
  • An essay in deontic logic and the general theory of action: with a bibliography of deontic and imperative logic.Georg Henrik von Wright (ed.) - 1968 - Amsterdam: North-Holland Pub. Co..
  • In defence of infringement.Andrew Botterell - 2008 - Law and Philosophy 27 (3):269-292.
    According to a familiar and influential view, rights are not absolute. To the contrary, they can sometimes be permissibly interfered with. I find such a view of rights attractive. John Oberdiek thinks otherwise. In a recent paper in this journal, Oberdiek has argued that any account of rights that incorporates a distinction between infringing and violating a right is indefensible. My aim in this paper is to argue that Oberdiek's worries are misplaced. The paper proceeds as follows. After some terminological (...)
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  • The Iffiest Oughts: A Guise of Reasons Account of End‐Given Conditionals.Matthew S. Bedke - 2009 - Ethics 119 (4):672-698.
    It often seems that what one ought to do depends on what contingent ends one has adopted and the means to pursuing them. Imagine, for example, that you are applying for jobs, and a particularly attractive one comes your way. It offers excellent colleagues in a desirable location, the pay is good, and acquiring a job like this is one of your ends. If practicing your job talk is a means to getting the job, the following seems true: (1) If (...)
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  • Moral Luck: Philosophical Papers 1973–1980.Bernard Williams - 1981 - New York: Cambridge University Press.
    A new volume of philosophical essays by Bernard Williams. The book is a successor to Problems of the Self, but whereas that volume dealt mainly with questions of personal identity, Moral Luck centres on questions of moral philosophy and the theory of rational action. That whole area has of course been strikingly reinvigorated over the last deacde, and philosophers have both broadened and deepened their concerns in a way that now makes much earlier moral and political philosophy look sterile and (...)
  • Voluntary euthanasia and the inalienable right to life.Joel Feinberg - 1978 - Philosophy and Public Affairs 7 (2):93-123.
  • Responsibility and Fault.T. Honoré - 1999 - Law and Philosophy 20 (1):103-106.
     
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  • Responsibility for outcomes, risk, and the law of torts.Stephen Perry - 2001 - In Gerald J. Postema (ed.), Philosophy and the Law of Torts. Cambridge University Press. pp. 72--1.
     
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  • Imperatives and Logic.Afl Ross - 1941 - Theoria 7 (1):53.
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