L. JONATHAN COHEN
- Published in print:
- 1995
- Published Online:
- October 2011
- ISBN:
- 9780198236047
- eISBN:
- 9780191679179
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198236047.003.0001
- Subject:
- Philosophy, Metaphysics/Epistemology, Philosophy of Science
In order to answer whether cognition should be perceived as a passive process or an active process, it is first important to establish the difference between the concept of belief and the concept of ...
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In order to answer whether cognition should be perceived as a passive process or an active process, it is first important to establish the difference between the concept of belief and the concept of acceptance, emphasizing on the notion that a belief is not an occurrent feeling but rather a disposition. In this chase, acceptance is not a speech-act and should not be perceived to be the same as assumption, hypothesizing, presumption, or supposition because it is instead a mental policy or act that entails how a person can simultaneously rest on two beliefs but cannot accept them simultaneously. Both acceptance and belief may be practiced in terms of facts and normative issues. This chapter attempts to discuss the conceptual nature of the said distinction.Less
In order to answer whether cognition should be perceived as a passive process or an active process, it is first important to establish the difference between the concept of belief and the concept of acceptance, emphasizing on the notion that a belief is not an occurrent feeling but rather a disposition. In this chase, acceptance is not a speech-act and should not be perceived to be the same as assumption, hypothesizing, presumption, or supposition because it is instead a mental policy or act that entails how a person can simultaneously rest on two beliefs but cannot accept them simultaneously. Both acceptance and belief may be practiced in terms of facts and normative issues. This chapter attempts to discuss the conceptual nature of the said distinction.
Alan Bogg, Jennifer Collins, Mark Freedland, and Jonathan Herring (eds)
- Published in print:
- 2020
- Published Online:
- April 2020
- ISBN:
- 9780198836995
- eISBN:
- 9780191873867
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198836995.001.0001
- Subject:
- Law, Employment Law, Criminal Law and Criminology
There has been a growing interest in the disciplinary ‘autonomy’ of labour law. The chapters in this book examine the interface between criminal law and theory and the regulation of labour markets, ...
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There has been a growing interest in the disciplinary ‘autonomy’ of labour law. The chapters in this book examine the interface between criminal law and theory and the regulation of labour markets, given the importance of this interface in the twenty-first century. The four chapters in the first section of the book are concerned broadly with the normative questions concerning the legitimacy of criminalisation in the regulation of social activity. It is a fundamental feature of liberal theories of criminalisation that the legitimate use of the criminal sanction requires special justification. The criminal law is coercive, punitive, and stigmatic. Each chapter examines the normative issue of criminalisation from a different perspective. The second section examines the distinctiveness of the criminal law as a form of regulation, especially compared with civil enforcement. The third section is concerned with criminal law, vulnerability, and precarious work relations. Recent scholarship in labour law has been intensively concerned with the concepts of vulnerability and precariousness in labour market relations. There is now a significant literature on these concepts from legal, economic, and social-scientific perspectives. The chapters in this section provide a novel theoretical perspective on those concepts by examining the distinctive role of the criminal law in respect of vulnerability and precarious work relations. The fourth section is concerned with contexts of criminalisation. The chapters in this section explore the different labour market contexts in which criminalisation has occurred. The fifth section is concerned with criminalisation and enforcement, and it examines the variety of ways in which the criminal law is being used as an enforcement tool, either as an auxiliary support to civil enforcement or as a substitute for civil enforcement. Finally, the last section provides two comparative chapters by leading scholars in the US and Canada. These chapters provide a comparative perspective on the role of penal policy in labour law.Less
There has been a growing interest in the disciplinary ‘autonomy’ of labour law. The chapters in this book examine the interface between criminal law and theory and the regulation of labour markets, given the importance of this interface in the twenty-first century. The four chapters in the first section of the book are concerned broadly with the normative questions concerning the legitimacy of criminalisation in the regulation of social activity. It is a fundamental feature of liberal theories of criminalisation that the legitimate use of the criminal sanction requires special justification. The criminal law is coercive, punitive, and stigmatic. Each chapter examines the normative issue of criminalisation from a different perspective. The second section examines the distinctiveness of the criminal law as a form of regulation, especially compared with civil enforcement. The third section is concerned with criminal law, vulnerability, and precarious work relations. Recent scholarship in labour law has been intensively concerned with the concepts of vulnerability and precariousness in labour market relations. There is now a significant literature on these concepts from legal, economic, and social-scientific perspectives. The chapters in this section provide a novel theoretical perspective on those concepts by examining the distinctive role of the criminal law in respect of vulnerability and precarious work relations. The fourth section is concerned with contexts of criminalisation. The chapters in this section explore the different labour market contexts in which criminalisation has occurred. The fifth section is concerned with criminalisation and enforcement, and it examines the variety of ways in which the criminal law is being used as an enforcement tool, either as an auxiliary support to civil enforcement or as a substitute for civil enforcement. Finally, the last section provides two comparative chapters by leading scholars in the US and Canada. These chapters provide a comparative perspective on the role of penal policy in labour law.
Kimberley Brownlee and Adam Cureton (eds)
- Published in print:
- 2009
- Published Online:
- May 2015
- ISBN:
- 9780199234509
- eISBN:
- 9780191809804
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199234509.001.0001
- Subject:
- Philosophy, Moral Philosophy
This book offers a much-needed investigation of moral and political issues concerning disability, and explores how the experiences of people with disabilities can lead to reconsideration of prominent ...
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This book offers a much-needed investigation of moral and political issues concerning disability, and explores how the experiences of people with disabilities can lead to reconsideration of prominent positions on normative issues. Thirteen new chapters examine such topics as the concept of disability, the conditions of justice, the nature of autonomy, healthcare distribution, and reproductive choices.Less
This book offers a much-needed investigation of moral and political issues concerning disability, and explores how the experiences of people with disabilities can lead to reconsideration of prominent positions on normative issues. Thirteen new chapters examine such topics as the concept of disability, the conditions of justice, the nature of autonomy, healthcare distribution, and reproductive choices.