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The European Community Directives on Data Protection and Clinical TrialsIn Ezekiel J. Emanuel (ed.), The Oxford textbook of clinical research ethics, Oxford University Press. pp. 180. 2008.
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7Why Any Legal Positivist Idea of Legal Obligation Is Untenable: A Kantian-Gewirthian SynthesisIn Deryck Beyleveld & Stefano Bertea (eds.), Theories of Legal Obligation, Springer Verlag. pp. 61-97. 2024.On the premise that ‘morality’ refers to a system of rules governed by a material categorical imperative, I argue that the sources thesis of legal positivism (and, consequently, its separation thesis) is untenable. This is because it portrays legal obligations as hypothetical imperatives, which they cannot be if a material categorical imperative exists. Legal systems lay down obligation-asserting rules; but any rules are necessarily invalid if they require behaviour contrary to a material catego…Read more
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2IntroductionIn Deryck Beyleveld & Stefano Bertea (eds.), Theories of Legal Obligation, Springer Verlag. pp. 1-3. 2024.In the introductory essay, the editors will provide an overview of the debates on legal obligation the contributions of this volume directly engage with.
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13Theories of Legal Obligation (edited book)Springer Verlag. 2024.This volume collects six original essays by internationally respected researchers who have devoted themselves to the study of legal obligation. It brings together works that innovatively address key dimensions of the current debates concerning legal obligation from different and, in some cases, even opposing theoretical perspectives. As a result, the collection offers a comprehensive discussion of legal obligation that promises to significantly advance our understanding of the obligatory dimensi…Read more
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5Moral Interests, Privacy, and Medical ResearchIn Michael Boylan (ed.), International Public Health Policy and Ethics, Springer Verlag. pp. 61-73. 2023.This chapter examines the relationship between the values of researchResearch and privacy in the context of medical research on patient data. An analytical framework is developed by interpreting the conception of privacyPrivacy advanced in the jurisprudence of the European Court of Human RightsHuman rights by reference to the Principle of Generic ConsistencyPrinciple of Generic Consistency, seminally argued to be the supreme principle of moralityMoralityby Alan GewirthAlan Gewirth. This framewor…Read more
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34Gewirth: Critical Essays on Action, Rationality, and CommunityRowman & Littlefield Publishers. 1998.As one of the most important ethicists to emerge since the Second World War, Alan Gewirth continues to influence philosophical debates concerning morality. In this ground-breaking book, Gewirth's neo-Kantianism, and the communitarian problems discussed, form a dialogue on the foundation of moral theory. Themes of agent-centered constraints, the formal structure of theories, and the relationship between freedom and duty are examined along with such new perspectives as feminism, the Stoics, and Sa…Read more
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4Individualrechte und soziale GerechtigkeitIn Ludger Honnefelder, Dietmar Mieth, Peter Propping, Ludwig Siep, Claudia Wiesemann, Dirk Lanzerath, Rimas Cuplinskas & Rudolf Teuwsen (eds.), Das genetische Wissen und die Zukunft des Menschen, De Gruyter. pp. 375-388. 2003.
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What is Gewirth and what is Beyleveld? a retrospect with comments on the contributionsIn Patrick Capps & Shaun D. Pattinson (eds.), Ethical rationalism and the law, Hart Publishing. 2017.
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21This book presents a comprehensive analysis of Kant’s justification of the categorical imperative. The book contests the standard interpretation of Kant’s views by arguing that he never abandoned his view about this as expressed in his Groundwork. It is distinctive in the way in which it places Kant’s argument in the context of his transcendental philosophy as a whole, which is essential to understand it as an argument from within human agential self-understanding. The book reviews that existing…Read more
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20This book presents a comprehensive analysis of Kant’s justification of the categorical imperative. The book contests the standard interpretation of Kant’s views by arguing that he never abandoned his view about this as expressed in his Groundwork. It is distinctive in the way in which it places Kant’s argument in the context of his transcendental philosophy as a whole, which is essential to understand it as an argument from within human agential self-understanding. The book reviews that existing…Read more
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16Stefano Bacin/Oliver Sensen , The Emergence of Autonomy in Kant’s Moral Philosophy. Cambridge: Cambridge University Press, 2019, xii + 226pp (review)Archiv für Geschichte der Philosophie 101 (3): 469-471. 2019.Name der Zeitschrift: Archiv für Geschichte der Philosophie Jahrgang: 101 Heft: 3 Seiten: 469-471.
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20Korsgaard v. Gewirth on Universalization: Why Gewirthians are Kantians and Kantians Ought to be GewirthiansJournal of Moral Philosophy 12 (5): 573-597. 2015.
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72Human Nature, Social Theory and the Problem of Institutional DesignStudies in Social and Political Thought 12 2-30. 2006.The philosophical concept of the self has had a hard time for a long time. The scepticism that lay behind Hume’s ‘bundle’ theory has been made manifest in ‘post-philosophical’ claims that the self or subject is not so much a ‘something’ that ties together a bundle of sense impressions, but is rather to be seen as an effect of a system of power relations, or an illusory presupposition of the relational properties of syntax.
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47Williams' False Dilemma: How to Give Categorically Binding Impartial Reasons to Real AgentsJournal of Moral Philosophy 10 (2): 204-226. 2013.According to Bernard Williams, attempts to justify a categorically binding impartial principle fail because they can only establish categorically binding requirements on action by making them non-universalizable , and can only establish impartial requirements by rendering them inapplicable to real agents . But, an individual cannot be the particular agent the individual is without being an agent every bit as much as an individual cannot be an agent without being the particular agent that the ind…Read more
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10The Dialectical Necessity of Morality: An Analysis and Defense of Alan Gewirth's Argument to the Principle of Generic ConsistencyUniversity of Chicago Press. 1991.Alan Gewirth's _Reason and Morality_, in which he set forth the Principle of Generic Consistency, is a major work of modern ethical theory that, though much debated and highly respected, has yet to gain full acceptance. Deryck Beyleveld contends that this resistance stems from misunderstanding of the method and logical operations of Gewirth's central argument. In this book Beyleveld seeks to remedy this deficiency. His rigorous reconstruction of Gewirth's argument gives its various parts their m…Read more
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54The Principle of Generic Consistency as the Supreme Principle of Human RightsHuman Rights Review 13 (1): 1-18. 2012.Alan Gewirth’s claim that agents contradict that they are agents if they do not accept that the principle of generic consistency (PGC) is the supreme principle of practical rationality has been greeted with widespread scepticism. The aim of this article is not to defend this claim but to show that if the first and least controversial of the three stages of Gewirth’s argument for the PGC is sound, then agents must interpret and give effect to human rights in ways consistent with the PGC, or deny …Read more
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43Why and How Should We Represent Future Generations in Policymaking?Jurisprudence 6 (3): 549-566. 2015.This paper analyses the main challenges to the idea that we should and can represent future generations in our present policymaking. It argues that these challenges can and should be approached from the perspective of human rights. To this end it introduces and sketches the main features of a human rights framework derived from the moral theory of Alan Gewirth. It indicates how this framework can be grounded philosophically, sketches the main features and open questions of the framework and its …Read more
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41Principle, Proceduralism, and Precaution in a Community of RightsRatio Juris 19 (2): 141-168. 2006.
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89The dialectical necessity of morality: an analysis and defense of Alan Gewirth's argument to the principle of generic consistencyUniversity of Chicago Press. 1991.Alan Gewirth's Reason and Morality , in which he set forth the Principle of Generic Consistency, is a major work of modern ethical theory that, though much debated and highly respected, has yet to gain full acceptance. Deryck Beyleveld contends that this resistance stems from misunderstanding of the method and logical operations of Gewirth's central argument. In this book Beyleveld seeks to remedy this deficiency. His rigorous reconstruction of Gewirth's argument gives its various parts their mo…Read more
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4Precautionary reasoning as a link to moral actionIn James D. Torr (ed.), Medical Ethics, Greenhaven Press. pp. 39--53. 2000.
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77Towards a Kantian Phenomenology of HopeEthical Theory and Moral Practice 18 (5): 927-942. 2015.The aim of this paper is to examine the extent to which Kant’s Critique of the Power of Judgment can be, or otherwise ought to be, regarded as a transcendental phenomenology of hope. Kant states repeatedly that CPoJ mediates between the first two Critiques, or between the theoretical knowledge we arrive at on the basis of understanding and reason’s foundational role for practical philosophy. In other words, exercising the power of judgment is implicated whenever we try to bring together the ethi…Read more
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10Transcendental Arguments for a Categorical Imperative as Arguments from Agential Self-UnderstandingIn Jens Peter Brune, Robert Stern & Micha H. Werner (eds.), Transcendental Arguments in Moral Theory, De Gruyter. pp. 141-160. 2017.
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36Moral Interests, Privacy, and Medical ResearchIn Michael Boylan (ed.), International Public Health Policy & Ethics, Dordrecht. pp. 45--57. 2008.
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Methodological Syncretism in Kelsen's Pure Theory of LawIn Stanley L. Paulson (ed.), Normativity and Norms: Critical Perspectives on Kelsenian Themes, Oxford University Press. 1998.
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Precautionary duty as a link to moral actionIn James D. Torr (ed.), Medical Ethics, Greenhaven Press. 2000.
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74My Body, My Body Parts, My Property?Health Care Analysis 8 (2): 87-99. 2000.This paper challenges the view, commonly held inbiolaw and bioethics, that there can be no proprietaryrights in our own bodies or body parts. Whether thestarting point is the post-intervention informedconsent regime of Article 22 of the Convention ofHuman Rights and Biomedicine or the traditional(exclusionary) understanding of private property it isargued that property in our own bodies or body partsis presupposed. Although these arguments do notdemonstrate that there is property of this kind (f…Read more
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26Korsgaard v. Gewirth on Universalization: Why Gewirthians are Kantians and Kantians Ought to be GewirthiansJournal of Moral Philosophy 11 (4): 573-597. 2014.Christine Korsgaard claims that Gewirth’s argument for morality fails to demonstrate that there is a categorically binding principle on action because it operates with the assumption that reasons for action are essentially private. This attribution is unfounded and Korsgaard’s own argument for moral obligation, in its appeal to Wittgenstein’s Private Language Argument to establish that reasons for action are essentially public, is misdirected and unnecessary. Gewirth’s attempt to demonstrate a s…Read more
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34Korsgaard v. Gewirth on Universalization: Why Gewirthians are Kantians and Kantians Ought to be GewirthiansJournal of Moral Philosophy 11 (4). 2014.Christine Korsgaard claims that Gewirth’s argument for morality fails to demonstrate that there is a categorically binding principle on action because it operates with the assumption that reasons for action are essentially private. This attribution is unfounded and Korsgaard’s own argument for moral obligation, in its appeal to Wittgenstein’s Private Language Argument to establish that reasons for action are essentially public, is misdirected and unnecessary. Gewirth’s attempt to demonstrate a s…Read more
Durham, England, United Kingdom of Great Britain and Northern Ireland
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Philosophy, Misc |
Areas of Interest
Philosophy, Misc |
Metaphysics and Epistemology |
Value Theory |
Other Academic Areas |