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Utilitarianism and Co-operation

Donald H. Regan

Published in print:
1980
Published Online:
October 2011
ISBN:
9780198246091
eISBN:
9780191680922
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198246091.001.0001
Subject:
Philosophy, Moral Philosophy

This book identifies and defines the features of traditional utilitarian theories which account for their appeal, demonstrates that no theory which is ‘exclusively act-oriented’ can have all the ... More


The Justification of Contractual Obligations: The Normative Question

Stephen A. Smith

in Contract Theory

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198765615
eISBN:
9780191695308
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198765615.003.0004
Subject:
Law, Law of Obligations

This chapter discusses answers to the normative question: what justification, if any, exists for contract law? Most answers fall into two main categories: utilitarian theories of contract and ... More


Patents as an Incentive to Innovate

Dominique Guellec

in The Economics of the European Patent System: IP Policy for Innovation and Competition

Published in print:
2007
Published Online:
May 2007
ISBN:
9780199216987
eISBN:
9780191711831
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199216987.003.0003
Subject:
Economics and Finance, Development, Growth, and Environmental

This chapter investigates the rationale of patents, their economic role, and the circumstances in which they are the most effective. The utilitarian theory considers patents as an incentive — a ... More


Introduction

Jeremy Waldron

in The Right to Private Property

Published in print:
1990
Published Online:
October 2011
ISBN:
9780198239376
eISBN:
9780191679902
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198239376.003.0001
Subject:
Philosophy, Political Philosophy

This introductory chapter sets out the purpose of the book, which is to address the issue of the justification of private property. It asks whether individuals have a right to private property, or ... More


Conclusion

Robert Audi

in Moral Value and Human Diversity

Published in print:
2007
Published Online:
October 2011
ISBN:
9780195312942
eISBN:
9780199851188
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312942.003.0005
Subject:
Philosophy, Moral Philosophy

Four kinds of ethical view have appeared and reappeared in this book. The first is virtue ethics, which counsels people to concentrate on realizing the good throughout our lives. The second and third ... More


Utilitarianism and its Method

J. B. Schneewind

in Sidgwick's Ethics and Victorian Moral Philosophy

Published in print:
1986
Published Online:
November 2003
ISBN:
9780198249313
eISBN:
9780191598357
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198249314.003.0013
Subject:
Philosophy, History of Philosophy

The attention given to utilitarian theory in the last decades by economists, political scientists, and philosophers has made much of Sidgwick’s account of the doctrine outmoded. This chapter focuses ... More


Property Rights: Principles of Legitimation

Rajshree Chandra

in Knowledge as Property: Issues in the Moral Grounding of Intellectual Property Rights

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198065579
eISBN:
9780199080120
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198065579.003.0002
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines two justificatory theories of private property: self-ownership and utility. It outlines the fundamental principles of these theories as reflected in John Locke's labour theory, ... More


Promising and Non-Utilitarian Philosophies

P. S. Atiyah

in Promises, Morals, and Law

Published in print:
1983
Published Online:
March 2012
ISBN:
9780198254799
eISBN:
9780191681530
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254799.003.0004
Subject:
Law, Law of Obligations

This chapter reviews some of the principal accounts given by ethical theories of the morality of promises. It also makes a distinction between the utilitarian and the performative theories. The ... More


The Coherence of Bentham’s Theory of Law

Gerald J. Postema

in Bentham and the Common Law Tradition

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198793052
eISBN:
9780191834806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793052.003.0013
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter considers again the coherence of Bentham's theory. However, it takes up only two issues: the compatibility of Bentham's utilitarian theory of adjudication with his positivist theory of ... More


The Judge as Paterfamilias

Gerald J. Postema

in Bentham and the Common Law Tradition

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198793052
eISBN:
9780191834806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793052.003.0010
Subject:
Law, Legal History, Constitutional and Administrative Law

Following his radical critique of Common Law, both as a system of laws and as a theory of adjudication, Bentham embarked on a career-long attempt to produce an alternative which more adequately meets ... More


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