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Law and Habits

Oxford Journal of Legal Studies 37 (3):660-686 (2017)

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  1. Creatures of habit: The problem and the practice of liberation. [REVIEW]Clare Carlisle - 2005 - Continental Philosophy Review 38 (1-2):19-39.
    This paper begins by reflecting on the concept of habit and discussing its significance in various philosophical and non-philosophical contexts – for this helps to clarify the connections between habit and selfhood. I then attempt to sketch an account of the self as ”nothing but habit,“ and to address the questions this raises about how such a self must be constituted. Finally, I focus on the issue of freedom, or liberation, and consider the possibility of moving beyond habit. I emphasize (...)
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  • Naturalism and the Fate of the M-Worlds.Huw Price & Frank Jackson - 1997 - Aristotelian Society Supplementary Volume 71:247-282.
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  • Naturalizing the space of reasons.Bill Pollard - 2005 - International Journal of Philosophical Studies 13 (1):69 – 82.
    Given the Sellarsian distinction between the space of causes and the space of reasons, the naturalist seeks to articulate how these two spaces are unproblematically related. In Mind and World (1996) John McDowell suggests that such a naturalism can be achieved by pointing out that we work our way into the space of reasons by the process of upbringing he calls Bildung. 'The resulting habits of thought and action', writes McDowell, 'are second nature' (p. 84). In this paper I expose (...)
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  • Habitual actions.Bill Pollard - 2010 - In Timothy O'Connor & Constantine Sandis (eds.), A Companion to the Philosophy of Action. Oxford, UK: Wiley-Blackwell. pp. 74–81.
    This chapter contains sections titled: The Place of Habit in Human Life Habits in Current Philosophy of Action The Habit ‐ Friendly Tradition Analyzing Habit Philosophy of Habit: Benefits and Challenges References.
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  • Legal Conventionalism.Andrei Marmor - 1998 - Legal Theory 4 (4):509-531.
    There are two questions I would like to address in this article. The first and main question is whether there are rules of recognition, along the lines suggested by H.L.A. Hart. The second question concerns the age-old issue of the autonomy of law. One of the main purposes of this article is to show how these two issues are closely related. The concept of a social convention is the thread holding these two points tightly knit in one coil. Basically, I (...)
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  • Signs and words.H. L. A. Hart - 1952 - Philosophical Quarterly 2 (6):59-62.
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  • Three Sorts of Naturalism.Hans Fink - 2006 - European Journal of Philosophy 14 (2):202-221.
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  • Three sorts of naturalism.Hans Fink - 2006 - European Journal of Philosophy 14 (2):202–221.
    In "Two sorts of Naturalism" John McDowell is sketching his own sort of naturalism in ethics as an alternative to "bald naturalism". In this paper I distinguish materialist, idealist and absolute conceptions of nature and of naturalism in order to provide a framework for a clearer understanding of what McDowell’s own naturalism amounts to. I argue that nothing short of an absolute naturalism will do for a number of McDowell's own purposes, but that it is far from obvious that this (...)
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  • Legal Conventionalism.Andrei Marmor - 2001 - In Jules L. Coleman (ed.), Hart's Postscript: Essays on the Postscript to `the Concept of Law'. Oxford University Press.
     
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  • Non-cognitivism and rule-following.John McDowell - 1981 - In Steven H. Holtzman & Christopher M. Leich (eds.), Wittgenstein: To Follow A Rule. Routledge. pp. 141--62.
  • Doing without Deliberation: Automatism, Automaticity, and Moral Accountability,.Neil Levy & Tim Bayne - 2004 - International Review of Psychiatry 16 (4):209-15.
    Actions performed in a state of automatism are not subject to moral evaluation, while automatic actions often are. Is the asymmetry between automatistic and automatic agency justified? In order to answer this question we need a model or moral accountability that does justice to our intuitions about a range of modes of agency, both pathological and non-pathological. Our aim in this paper is to lay the foundations for such an account.
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  • Moral factualism.Peter Railton - 2006 - In James Lawrence Dreier (ed.), Contemporary Debates in Moral Theory. Blackwell. pp. 6--201.
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  • Moral naturalism.Jimmy Lenman - manuscript
    While "moral naturalism" is sometimes used to refer to any approach to metaethics intended to cohere with naturalism in metaphysics more generally, the label is more usually reserved for naturalistic forms of moral realism according to which there are objective moral facts and properties and these moral facts and properties are natural facts and properties. Views of this kind appeal to many as combining the advantages of naturalism and realism but have seemed to many others to do inadequate justice to (...)
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