Results for 'Rational Justification of Norms'

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  1.  36
    On the Tension between Moral Autonomy and the Rational Justification of Norms.Jan–R. Sieckmann - 2003 - Ratio Juris 16 (1):105-122.
  2. The Potentialities and Limits of a Rational Justification of Ethical Norms. Or:" What Precisely is Minimal Morals?".Rainer Werner Trapp - 1998 - In Christoph Fehige & Ulla Wessels (eds.), Preferences. New York: W. de Gruyter.
     
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  3.  12
    Contemporary democracy and its medieval foundations: Marsilius of Padua and the rational justification of the normative principles of the state.Mauricio Chapsal Escudero & Roberto Castillo Vallejos - 2018 - Trans/Form/Ação 41 (2):55-72.
    Resumen: En el presente artículo se pretende, junto con ampliar las referencias de interpretación y caracterización del pensamiento social y político de la Edad Media, rastrear, por medio de los aportes de Marsilio de Padua, las posibles fuentes o referencias que, en el contexto de las discusiones de los siglos XIII-XIV, pueden verse contenidas en los márgenes de las fundamentaciones de las democracias contemporáneas, incluyendo, para el caso, las discusiones en torno al liberalismo político y el imperativo del pluralismo.: Through (...)
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  4. Explaining normativity: On rationality and the justification of reason.Joseph Raz - 1999 - Ratio 12 (4):354–379.
    Aspects of the world are normative in as much as they or their existence constitute reasons for persons, i.e. grounds which make certain beliefs, moods, emotions, intentions or actions appropriate or inappropriate. Our capacities to perceive and understand how things are, and what response is appropriate to them, and our ability to respond appropriately, make us into persons, i.e. creatures with the ability to direct their own life in accordance with their appreciation of themselves and their environment, and of the (...)
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  5.  83
    Mutual Recognition and Rational Justification in Hegel’s Phenomenology of Spirit.Kenneth R. Westphal - 2009 - Dialogue 48 (4):753-99.
    : This paper explicates and defends the thesis that individual rational judgment, of the kind required for justification, whether in cognition or in morals, is fundamentally socially and historically conditioned. This puts paid to the traditional distinction, still influential today, between ‘rational’ and ‘historical’ knowledge. The present analysis highlights and defends key themes from Kant’s and Hegel’s accounts of rational judgment and justification, including four fundamental features of the ‘autonomy’ of rational judgment and one (...)
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  6.  19
    Rescher on the Justification of Rationality.Harvey Siegel - 1992 - Informal Logic 14 (1).
    In his recent book Rationality, Nicholas Rescher offers a provocative attempt to justify rationality. In this paper I critically assess that attempt. After clarifying the philosophical problem at issue, I examine Rescher's effort to solve it. I argue that Rescher's justification succeeds, but that he mistakenly characterizes it as pragmatic. It succeeds only if it is understood non-pragmatically. Consequently, Rescher must give up either his justificatory argument, or his commitment to a pragmatic justification.
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  7. The Varieties of Normativity.Derek Clayton Baker - 2017 - In Tristram Colin McPherson & David Plunkett (eds.), The Routledge Handbook of Metaethics. New York: Routledge. pp. 567-581.
    This paper discusses varieties of normative phenomena, ranging from morality, to epistemic justification, to the rules of chess. It canvases a number of distinctions among these different normative phenomena. The most significant distinction is between formal and authoritative normativity. The prior is the normativity exhibited by any standard one can meet or fail to meet. The latter is the sort of normativity associated with phenomena like the "all-things-considered" ought. The paper ends with a brief discussion of reasons for skepticism (...)
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  8.  22
    (Hard ernst) corrigendum Van Brakel, J., philosophy of chemistry (u. klein).Hallvard Lillehammer, Moral Realism, Normative Reasons, Rational Intelligibility, Wlodek Rabinowicz, Does Practical Deliberation, Crowd Out Self-Prediction & Peter McLaughlin - 2002 - Erkenntnis 57 (1):91-122.
    It is a popular view thatpractical deliberation excludes foreknowledge of one's choice. Wolfgang Spohn and Isaac Levi have argued that not even a purely probabilistic self-predictionis available to thedeliberator, if one takes subjective probabilities to be conceptually linked to betting rates. It makes no sense to have a betting rate for an option, for one's willingness to bet on the option depends on the net gain from the bet, in combination with the option's antecedent utility, rather than on the offered (...)
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  9. Rationality, time and normativity: On Hedden’s time-slice rationality.Sabine A. Döring & Bahadir Eker - 2017 - Analysis 77 (3):571-585.
    In his stimulating recent book Reasons without Persons, Brian Hedden develops a novel theory of rationality that he calls Time-Slice Rationality. One of the main theses of TSR is that all rational requirements are synchronic. We argue here first that this thesis is not well-motivated. We also demonstrate that Hedden is in fact committed to an even stronger claim about the rationality of an agent at a time. Finally, we provide some arguments against the conception of rationality that results (...)
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  10. The rational impermissibility of accepting (some) racial generalizations.Renée Jorgensen Bolinger - 2020 - Synthese 197 (6):2415-2431.
    I argue that inferences from highly probabilifying racial generalizations are not solely objectionable because acting on such inferences would be problematic, or they violate a moral norm, but because they violate a distinctively epistemic norm. They involve accepting a proposition when, given the costs of a mistake, one is not adequately justified in doing so. First I sketch an account of the nature of adequate justification—practical adequacy with respect to eliminating the ~p possibilities from one’s epistemic statespace. Second, I (...)
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  11. Teleological Justification of Argumentation Schemes.Douglas Walton & Giovanni Sartor - 2013 - Argumentation 27 (2):111-142.
    Argumentation schemes are forms of reasoning that are fallible but correctable within a self-correcting framework. Their use provides a basis for taking rational action or for reasonably accepting a conclusion as a tentative hypothesis, but they are not deductively valid. We argue that teleological reasoning can provide the basis for justifying the use of argument schemes both in monological and dialogical reasoning. We consider how such a teleological justification, besides being inspired by the aim of directing a bounded (...)
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  12. Agency and institutional rationality: Foucault’s critique of normativity.Kory P. Schaff - 2004 - Philosophy and Social Criticism 30 (1):51-71.
    In this paper, I examine Foucault’s conception of agency by reconstructing two complementary approaches he takes: the ‘analytics of power’, which examines the relation between norms and practice by charting the institutional development within which a set of norms emerge, and the concept of ‘problematization’, which examines reason-giving practices, or varieties of normative justification that legitimize rational institutions and agents’ participation in them. Contrary to the standard caricature, Foucault’s analysis of the relation between norms and (...)
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  13. Normative naturalism and the challenge of relativism: Laudan versus Worrall on the justification of methodological principles.Howard Sankey - 1996 - International Studies in the Philosophy of Science 10 (1):37 – 51.
    In a recent exchange, John Worrall and Larry Laudan have debated the merits of the model of rational scientific change proposed by Laudan in his book Science and Values. On the model advocated by Laudan, rational change may take place at the level of scientific theory and methodology, as well as at the level of the epistemic aims of science. Moreover, the rationality of a change which occurs at any one of these three levels may be dependent on (...)
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  14.  27
    The Dilemma of Normativity: How to Interpret a Rational Reconstruction? [REVIEW]Paul van den Hoven - 1997 - Argumentation 11 (4):411-417.
    In modern argument theory argumentative practice is often analyzed and evaluated in terms of its correspondences with or deviations from a normative model. Such a methodology implies that there are three moments at which evaluations takes place which are not guided by the norms of the model itself because they imply an interpretation of the model by the analyst. This is demonstrated by an analogy with legal practice. this implies that an evaluation of an argumentative practice is not only (...)
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  15.  9
    The justification of morality and the justification of utilitarianism in Jeremy Bentham’s ethics.А. В Прокофьев - 2023 - Philosophy Journal 16 (1):5-20.
    The paper deals with the correlation between the justification of morality and the justifi­cation of utilitarian normative ethics in the two treatises of Jeremy Bentham: An Intro­duction to the Principles of Morals and Legislation and Deontology. In the Introduction, the general requirement of morality (‘promote the good of others’) is considered justified because a) it is integrated into the structure of the principle of utility and only contingent to the concurring principles (the principle of asceticism and the principle of (...)
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  16.  25
    Discourse ethics and the normative justification of tolerance.Pauline Johnson - 2000 - Critical Horizons 1 (2):281-305.
    The following paper considers the extent to which discourse ethics can adequately respond to Habermas' own call for normative justification for the expectation of tolerance. It concludes that discourse ethics is able to lend its services to the flagging fortunes of the idea of toleration, not by seeking to underscore this idea with rationally compelling argumentation,but by offering insights into the possibilities opened up to a life which accepts this principle.
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  17.  13
    Rationality is... the essence of literary theory.Norm Klassen - 2022 - Eugene, Oregon: Cascade Books, an imprint of Wipf and Stock Publishers.
    A culturally influential sub-discipline within literary studies, literary theory has developed in parallel form in other arts and social science disciplines, so that one might refer to "cultural theory" or "social theory" as well, or even just to "theory." It's as familiar as the word "postmodern" and as tricky as "deconstruction." What is it about? What is at stake? Theory is about rationality. This book's title invites two different interpretations of what it might mean to say so. For many, the (...)
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  18. Kant’s [Moral] Constructivism and Rational Justification.Kenneth R. Westphal - 2011 - In Pihlström & Williams Baiasu (ed.), Politics and Metaphysics in Kant. Wales University Press.
    This paper characterises concisely a key issue about rational justification which highlights an important achievement of Kant’s constructivist method for identifying and justifying basic norms: uniquely, it resolves the Pyrrhonian Dilemma of the Criterion. Kant’s constructivist method is both sound and significant because it is based on core principles of rational justification as such. Explicating this basis of Kant’s constructivism affords an illuminating and defensible explication of four key aspects of the autonomy of rational (...)
     
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  19. The Metaphysics of Law: From Supervenience to Rational Justification.George Pavlakos - 2017 - In Bartosz Brożek, Antonino Rotolo & Jerzy Stelmach (eds.), Supervenience and Normativity. Cham: Springer.
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  20. Amoralism and the Justification of Morality.Brook Jenkins Sadler - 2001 - Dissertation, Duke University
    Some have argued that specifically moral demands or norms are justified by the constraints of rationality. On this view, any agent who comes to doubt, challenge, or reject the authority of moral demands does so on penalty of irrationality. According to this view, the agent who asks the question Why be moral? can be given a rational justification for the demands that morality makes on her, regardless of her individual reasons and motives. ;I consider amoralism as a (...)
     
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  21. Arguments Favoring Epistemic Justification of Religious Belief: A Critique.Sijo Sebastian Cherukarayil - 2023 - Tattva - Journal of Philosophy 15 (2):39-56.
    In the epistemological trajectory of Philosophy of Religion, contemporary religious epistemologists seem to have undertaken the task of attestation of religious beliefs, their defence, ascertainment and justification, resorting to sanctioned methods of epistemic justification. The models of epistemic justification of religious beliefs they have adopted were intended to bring in a kind of objectivity into religious realm and make meaningful assertions on shared experiences. The acclamation of such esteemed epistemic attempts should be viewed as feverish attempts made (...)
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  22.  59
    Fundamentals of Legal Argumentation: A Survey of Theories on the Justification of Judicial Decisions.Eveline T. Feteris - 2017 - Dordrecht, Netherland: Springer Verlag.
    Aulis Aarnio addresses the question of how legal interpretations should be justified. Aarnio considers a justification to be rational only if the justification process has been conducted in a rational way, and if the final result of this process is acceptable to the legal community. According to Aarnio, a theory concerning the justification of legal interpretations should contain a procedural component specifying the conditions of rationality for legal discussions, and a substantial component specifying the material (...)
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  23.  36
    On the very idea of normative foundations in critical social theory.Justin Evans - 2023 - Philosophy and Social Criticism 49 (4):385-408.
    I argue that the problem of normative foundations is insoluble. I discuss how and why the apparent problem arose, particularly within the Frankfurt School. Then, I describe various theories of normative foundations and the criticisms that such theories have faced, such as ethno- and andro-centrism, imperialism, and the failure to fulfill their own aims. I make my main argument by way of an analogy: theories of knowledge have wrestled with the question of whether a “given”’ could act as a certain (...)
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  24.  17
    On the very idea of normative foundations in critical social theory.Justin Evans - 2023 - Philosophy and Social Criticism 49 (4):385-408.
    I argue that the problem of normative foundations is insoluble. I discuss how and why the apparent problem arose, particularly within the Frankfurt School. Then, I describe various theories of normative foundations and the criticisms that such theories have faced, such as ethno- and andro-centrism, imperialism, and the failure to fulfill their own aims. I make my main argument by way of an analogy: theories of knowledge have wrestled with the question of whether a “given”’ could act as a certain (...)
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  25. Reasons to act and believe: naturalism and rational justification in Hume’s philosophical project.Don Garrett - 2007 - Philosophical Studies 132 (1):1-16.
    Is Hume a naturalist? Does he regard all or nearly all beliefs and actions as rationally unjustified? In order to settle these questions, it is necessary to examine their key terms and to understand the character-especially the normative character-of Hume's philosophical project. This paper argues that Hume is a naturalist-and, in particular, both a moral and an epistemic naturalist-in quite robust ways; and that Hume can properly regard many actions and beliefs as "rationally justified" in several different senses of that (...)
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  26.  47
    Excuses, Justifications and the Normativity of Expressive Behaviour.Christopher Bennett - 2012 - Oxford Journal of Legal Studies 32 (3):563-581.
    In this article, I look at the role of appeals to the emotions in criminal law defences. A position commonly held is that appeals to the emotions can excuse but cannot justify. However, we should be careful that this view does not rest on too simple and non-cognitive a view of the emotions. I contrast a simple picture, according to which action from emotion involves loss of rational control, with the more Aristotelian picture recently offered by RA Duff. I (...)
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  27. Kant's Justification of Ethics.Owen Ware - 2021 - Oxford, UK: Oxford University Press.
    Kant’s arguments for the reality of human freedom and the normativity of the moral law continue to inspire work in contemporary moral philosophy. Many prominent ethicists invoke Kant, directly or indirectly, in their efforts to derive the authority of moral requirements from a more basic conception of action, agency, or rationality. But many commentators have detected a deep rift between the _Groundwork for the Metaphysics of Morals_ and the _Critique of Practical Reason_, leaving Kant’s project of justification exposed to (...)
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  28. Vindicating the Normativity of Rationality.Nicholas Southwood - 2008 - Ethics 119 (1):9-30.
    I argue that the "why be rational?" challenge raised by John Broome and Niko Kolodny rests upon a mistake that is analogous to the mistake that H.A. Pritchard famously claimed beset the “why be moral?” challenge. The failure to locate an independent justification for obeying rational requirements should do nothing whatsoever to undermine our belief in the normativity of rationality. I suggest that we should conceive of the demand for a satisfactory vindicating explanation of the normativity of (...)
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  29.  34
    Knowledge and the Justification of Values in Values-Based Medicine.Benedict Smith - 2008 - Philosophy, Psychiatry, and Psychology 15 (2):97-105.
    This paper critically evaluates central themes of values-based medicine (VBM). First, I discuss the 'non-descriptivist' conception of value judgments at the heart of VBM. According to it, no inferences can rationally be drawn from factual criteria to value judgments and the inferences that are naturally formed are a matter of human psychology. I argue, however, that it is an essential feature of value judgments that they are themselves subject to normative assessment. This implies an important role for an evaluatively rich (...)
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  30.  46
    The biological justification of ethics: A best-case scenario: Alexander Rosenberg.Alexander Rosenberg - 1990 - Social Philosophy and Policy 8 (1):86-101.
    Social and behavioral scientists — that is, students of human nature — nowadays hardly ever use the term ‘human nature’. This reticence reflects both a becoming modesty about the aims of their disciplines and a healthy skepticism about whether there is any one thing really worthy of the label ‘human nature’. For some feature of humankind to be identified as accounting for our ‘nature’, it would have to reflect some property both distinctive of our species and systematically influential enough to (...)
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  31.  92
    Humean heroism: Value commitments and the source of normativity.Valerie Tiberius - 2000 - Pacific Philosophical Quarterly 81 (4):426–446.
    This paper addresses the question "In virtue of what do practical reasons have normative force or justificatory power?" There seems to be good reason to doubt that desires are the source of normativity. However, I argue that the reasons to be suspicious of desire-based accounts of normativity can be overcome by a sufficiently sophisticated account. The position I defend in this paper is one according to which desires, or more generally, proattitudes, do constitute values and provide rational justifications of (...)
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  32. Rationality and the Structure of the Self, Volume I: The Humean Conception.Adrian M. S. Piper - 2013 - APRA Foundation Berlin.
    The Humean conception of the self consists in the belief-desire model of motivation and the utility-maximizing model of rationality. This conception has dominated Western thought in philosophy and the social sciences ever since Hobbes’ initial formulation in Leviathan and Hume’s elaboration in the Treatise of Human Nature. Bentham, Freud, Ramsey, Skinner, Allais, von Neumann and Morgenstern and others have added further refinements that have brought it to a high degree of formal sophistication. Late twentieth century moral philosophers such as Rawls, (...)
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  33.  30
    The Normative Creature: Toward a Practice-Based Account of Normativity.Roberto Frega - 2014 - Social Theory and Practice 40 (1):1-27.
    In this paper I offer a first account of a practice-based conception of normativity for the political domain. This standpoint is used to relocate the most sophisticated normative practices of justification and critique within an experience-based framework, that of the human being as a “normative creature.” I begin by discussing the two major paradigms in political theory, showing that their neglect of this broad framework of normativity is a serious drawback. I then proceed to articulate the central elements of (...)
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  34.  32
    Strategic Maneuvering with the Intention of the Legislator in the Justification of Judicial Decisions.Eveline T. Feteris - 2008 - Argumentation 22 (3):335-353.
    The author gives an analysis of the strategic manoeuvring in the justification of legal decisions from a pragma-dialectical perspective by showing how a judge tries to reconcile dialectical and rhetorical aims. On the basis of an analysis and evaluation of the argumentation given by the US Supreme Court in the famous Holy Trinity case, it is shown how in a case in which the judge wants to make an exception to a legal rule for the concrete case tries to (...)
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  35.  34
    How Rational Should Bioethics Be? The Value of Empirical Approaches.Allen Andrew A. Alvarez - 2001 - Bioethics 15 (5-6):501-519.
    Rational justification of claims with empirical content calls for empirical and not only normative philosophical investigation. Empirical approaches to bioethics are epistemically valuable, i.e., such methods may be necessary in providing and verifying basic knowledge about cultural values and norms. Our assumptions in moral reasoning can be verified or corrected using these methods. Moral arguments can be initiated or adjudicated by data drawn from empirical investigation. One may argue that individualistic informed consent, for example, is not compatible (...)
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  36. Rescuing Oblomov: A Search for Convincing Justifications of Value.Agnieszka Jaworska - 1997 - Dissertation, Harvard University
    What constitutes an appropriate justification of a given value? Can our deepest values be justified at all? These questions define my project. ;I reconstruct the perspective from which seeking justifications of value makes most sense--the "value crisis," modelled on the life of the idle hero of Goncharov's novel, Oblomov--and posit it as the standpoint from which the adequacy of practical reasons and justifications can be reliably adjudicated. ;Chapter One explores Kantian theory of value. On Christine Korsgaard's reading, this theory (...)
     
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  37. On the Normativity of Epistemic Rationality.Kurt Sylvan - 2014 - Dissertation, New Brunswick Rutgers
  38. Projecting Chances: A Humean Vindication and Justification of the Principal Principle.Barry Ward - 2005 - Philosophy of Science 72 (1):241-261.
    Faced with the paradox of undermining futures, Humeans have resigned themselves to accounts of chance that severely conflict with our intuitions. However, such resignation is premature: The problem is Humean supervenience (HS), not Humeanism. This paper develops a projectivist Humeanism on which chance claims are understood as normative, rather than fact stating. Rationality constraints on the cotenability of norms and factual claims ground a factual-normative worlds semantics that, in addition to solving the Frege-Geach problem, delivers the intuitive set of (...)
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  39.  40
    The Rational Justification of Moral Principles: Can There Be Such a Thing?Henry B. Veatch - 1975 - Review of Metaphysics 29 (2):217 - 238.
    It is with these words that Alan Gewirth opened his 1972 Lindley Lecture at the University of Kansas. And he immediately followed up his opening words with a more or less blanket indictment of almost the entire group of contemporary writers on meta-ethics, who, he would aver, while claiming to be "rationalists" in the matter of the rational justification of moral principles, and while making much of how far they have distanced themselves from the old-line emotivists in this (...)
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  40. The Rational Justification of Aesthetic Judgments.María José Alcaraz León - 2008 - Journal of Aesthetics and Art Criticism 66 (3):291-300.
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  41. Normativity: The Place of Reasoning.Joseph Raz - 2015 - Philosophical Issues 25 (1):144-164.
    It is more or less common ground that an important aspect of the explanation of normativity relates it to the way Reason (our rational powers), reasons (for beliefs, emotions, actions, etc.) and reasoning, with all its varieties and domains, are inter-connected. The relation of reasoning to reasons is the topic of this this paper. It does not start from a tabula rasa. It presupposes that normativity has to do with the ability to respond rationally to reasons, and with responding (...)
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  42. Fichte’s Account of Reason and Rational Normativity.Steven Hoeltzel - 2019 - In The Palgrave Fichte Handbook. Palgrave Macmillan. pp. 189-212.
    This essay argues for a unifying and clarifying analysis of Fichte’s diverse and unusual characterizations of the nature of reason and rational normativity. Fichte equates or closely associates reason with “I-hood,” “positing” (especially self-positing), “acting” (as opposed to being), “self-reverting activity,” and “subject-objectivity.” He also claims that reason, qua reason, harbors “an absolute tendency toward the absolute” – and even that, in the final analysis, “only reason is.” I argue that we can readily grasp the meaning, interconnection, and putative (...)
     
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  43.  65
    Antecedents to the Justification of Norm Violating Behavior Among Business Practitioners.Scott J. Vitell, Megan Keith & Manisha Mathur - 2011 - Journal of Business Ethics 101 (1):163 - 173.
    This study investigates the role that moral identity, religiosity, and the institutionalization of ethics play in determining the extent of justification of norm violating behavior among business practitioners. Moral justification is where a person, rather than assuming responsibility for an outcome, attempts to legitimize ethically questionable behavior. Results of the study indicate that both the internalization and symbolization dimensions of moral identity as well as intrinsic religiosity and the explicit institutionalization of ethics within the organization are significant determinants (...)
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  44.  23
    Justificación de la autoridad.Justification Of Authority - 2008 - Dikaiosyne 11 (20).
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  45.  13
    Schiller on the Aesthetic Constitution of Moral Virtue and the Justification of Aesthetic Obligations.Levno von Plato - 2021 - Disputatio 13 (62):205-243.
    Friedrich Schiller’s notion of moral virtue includes self-determination through practical rationality as well as sensual self-determination through the pursuit of aesthetic value, i.e., through beauty. This paper surveys conceptual assumptions behind Schiller’s notions of moral and aesthetic perfections that allow him to ground both, moral virtue and beauty on conceptions of freedom. While Schiller’s notions of grace and dignity describe relations between the aesthetic and the moral aspects of certain determining actions, the ‘aesthetic condition’ conceptualises human beings from the perspective (...)
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  46.  81
    Rational justification of moral imperatives.Alejandro Patiño Arango - 2010 - Discusiones Filosóficas 11:81-98.
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  47. The rational justification of morality revisited.Alan Gewirth - 2001 - In James P. Sterba (ed.), Social and Political Philosophy: Contemporary Perspectives. Routledge. pp. 71.
     
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  48.  40
    The rational justification of moral constraint.Greg Hill - 1993 - Southern Journal of Philosophy 31 (2):179-191.
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  49.  14
    The Rational Justification of Moral Constraint.Greg Hill - 2010 - Southern Journal of Philosophy 31 (2):179-191.
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  50. On Rational Justification of the State.Jan Wilbanks - 1978 - Reason Papers 4:69-82.
     
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