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  1. Nudging in Context: Response to Open Peer Commentaries on “Nudging and Informed Consent”.Shlomo Cohen - 2013 - American Journal of Bioethics 13 (11):W1 - W6.
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  • A Philosophical Misunderstanding at the Basis of Opposition to Nudging.Shlomo Cohen - 2015 - American Journal of Bioethics 15 (10):39-41.
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  • On Nudging and Informed Consent.Eric Chwang - 2015 - American Journal of Bioethics 15 (10):41-42.
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  • Moral Hazard in Pediatrics.Donald Brunnquell & Christopher M. Michaelson - 2016 - American Journal of Bioethics 16 (7):29-38.
    “Moral hazard” is a term familiar in economics and business ethics that illuminates why rational parties sometimes choose decisions with bad moral outcomes without necessarily intending to behave selfishly or immorally. The term is not generally used in medical ethics. Decision makers such as parents and physicians generally do not use the concept or the word in evaluating ethical dilemmas. They may not even be aware of the precise nature of the moral hazard problem they are experiencing, beyond a general (...)
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  • Should We Nudge Informed Consent?Thom Brooks - 2013 - American Journal of Bioethics 13 (6):22-23.
    Exploring the use of nudges and informed consent in medical ethics.
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  • When Does Nudging Represent Fraudulent Disclosure?Jennifer Blumenthal-Barby, Neal W. Dickert & Derek Soled - 2021 - American Journal of Bioethics 21 (5):63-66.
    In the article “Informed Consent: What Must be Disclosed and What Must be Understood?” Joseph Millum and Danielle Bromwich argue that informed consent requires satisfaction of certain disclosure an...
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  • On Nudging and Informed Consent—Four Key Undefended Premises.J. S. Swindell Blumenthal-Barby - 2013 - American Journal of Bioethics 13 (6):31 - 33.
    In his article “Nudging and Informed Consent,” Shlomo Cohen (2013) argues, among other things, that 1) “to the extent that the nudge-influenced decision making is rational—in whatever sense,” there...
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  • Nudge or Grudge? Choice Architecture and Parental Decision‐Making.Jennifer Blumenthal-Barby & Douglas J. Opel - 2018 - Hastings Center Report 48 (2):33-39.
    Richard Thaler and Cass Sunstein define a nudge as “any aspect of the choice architecture that alters people's behavior in a predictable way without forbidding any options or significantly changing their economic incentives.” Much has been written about the ethics of nudging competent adult patients. Less has been written about the ethics of nudging surrogates’ decision‐making and how the ethical considerations and arguments in that context might differ. Even less has been written about nudging surrogate decision‐making in the context of (...)
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  • Nudging to donate organs: do what you like or like what we do?Sergio Beraldo & Jurgis Karpus - 2021 - Medicine, Health Care and Philosophy (3):329-340.
    An effective method to increase the number of potential cadaveric organ donors is to make people donors by default with the option to opt out. This non-coercive public policy tool to influence people’s choices is often justified on the basis of the as-judged-by-themselves principle: people are nudged into choosing what they themselves truly want. We review three often hypothesized reasons for why defaults work and argue that the as-judged-by-themselves principle may hold only in two of these cases. We specify further (...)
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  • Nudging Without Ethical Fudging: Clarifying Physician Obligations to Avoid Ethical Compromise.Emily Bell, Veljko Dubljevic & Eric Racine - 2013 - American Journal of Bioethics 13 (6):18-19.
    In the article “Nudging and Informed Consent”, Cohen argues that the use of “nudging” by physicians in the clinical encounter may be ethically warranted because it results in an informed consent where obligations for beneficence and respect for autonomy are both met. However, the author's overenthusiastic support for nudging and his quick dismissal of shared decision-making leads him to assume that “soft” manipulation is un-problematic and that “wisdom” on the side of medical professionals will suffice to guard against abuse. Opposing (...)
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  • From Libertarian Paternalism to Nudging—and Beyond.Adrien Barton & Till Grüne-Yanoff - 2015 - Review of Philosophy and Psychology 6 (3):341-359.
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  • Ethical issues surrounding the provider initiated opt – Out prenatal HIV screening practice in Sub – Saharan Africa: a literature review.Luchuo Engelbert Bain, Kris Dierickx & Kristien Hens - 2015 - BMC Medical Ethics 16 (1):1-12.
    BackgroundPrevention of mother to child transmission of HIV remains a key public health priority in most developing countries. The provider Initiated Opt – Out Prenatal HIV Screening Approach, recommended by the World Health Organization lately has been adopted and translated into policy in most Sub – Saharan African countries. To better ascertain the ethical reasons for or against the use of this approach, we carried out a literature review of the ethics literature.MethodsPapers published in English and French Languages between 1990 (...)
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  • Nudging in the clinic: the ethical implications of differences in doctors’ and patients’ point of view.David Avitzour & Ittay Nissan-Rozen - 2019 - Journal of Medical Ethics 45 (3):183-189.
    There is an extensive ethical debate regarding the justifiability of doctors nudging towards healthy behaviour and better health-related choices. One line of argument in favour of nudging is based on empirical findings, according to which a healthy majority among the public support nudges. In this paper, we show, based on an experiment we conducted, that, in health-related choices, people’s ethical attitudes to nudging are strongly affected by the point of view from which the nudge is considered. Significant differences have been (...)
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  • How the Doctrine of Double Effect Rhetoric Harms Patients Seeking Voluntary Assisted Dying.E. Kendal - forthcoming - Journal of Bioethical Inquiry:1-11.
    Victoria’s Voluntary Assisted Dying Act 2017 (Vic) became the first state law to permit VAD in Australia under limited circumstances from June 2019. Before this, many palliative care physicians relied on the doctrine of double effect (DDE) to justify the use of pain relievers for terminally ill patients that were known to hasten death. The DDE claims that there is a morally significant difference between intending evil and merely foreseeing some bad side-effect will occur as a result of one’s actions. (...)
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  • Nudging in Donation Policies: Registration and Decision-Making.Douglas MacKay & Katherine Saylor - 2021 - In Solveig Lena Hansen & Silke Schicktanz (eds.), Ethical Challenges of Organ Transplantation. Transcript Verlag. pp. 65-80.
    In this chapter, we provide an overview of the ethical considerations relevant to the use of nudges in organ donation policy. We do not defend a position on the permissibility of nudging in this context, but instead aim to clearly outline the strongest arguments on the different sides of this issue that have been presented in the English-language scholarly bioethics literature. We also highlight the questions that are in need of further investigation. In part 1, we briefly discuss nudging before (...)
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  • Ethical Challenges of Organ Transplantation.Solveig Lena Hansen & Silke Schicktanz (eds.) - 2021 - Transcript Verlag.
    This collection features comprehensive overviews of the various ethical challenges in organ transplantation. International readings well-grounded in the latest developments in the life sciences are organized into systematic sections and engage with one another, offering complementary views. All core issues in the global ethical debate are covered: donating and procuring organs, allocating and receiving organs, as well as considering alternatives. Due to its systematic structure, the volume provides an excellent orientation for researchers, students, and practitioners alike to enable a deeper (...)
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  • Autonomy, Rationality, and Contemporary Bioethics.Jonathan Pugh - 2020 - Oxford, UK: Oxford University Press.
    Personal autonomy is often lauded as a key value in contemporary Western bioethics. Though the claim that there is an important relationship between autonomy and rationality is often treated as uncontroversial in this sphere, there is also considerable disagreement about how we should cash out the relationship. In particular, it is unclear whether a rationalist view of autonomy can be compatible with legal judgments that enshrine a patient's right to refuse medical treatment, regardless of whether the reasons underpinning the choice (...)
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  • The Oys of Yiddish.Paul Root Wolpe - 2013 - American Journal of Bioethics 13 (6):1-2.
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  • The ethical impact of mandating childhood vaccination: The importance of the clinical encounter.Laura Williamson - forthcoming - Clinical Ethics:147775092110114.
    Health ethics can justify the use of vaccination mandates. However, policies that pressurize parents to vaccinate their children can undermine traditional clinical ethics standards. The aim of this paper is to argue that the ethical impact of vaccination mandates can only be determined in the context of the clinical encounter. Public debate on the topic tends to be general in nature and, as a result, issues that require clarification to help sustain the trust of service users are underexamined. In addition, (...)
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  • Talking the Talk: Enhancing Clinical Ethics with Health Literacy Best Practices.Jamie Carlin Watson - 2019 - HEC Forum 31 (3):177-199.
    A significant proportion of the U.S. population exhibits low health literacy. Evidence suggests that low health literacy is correlated with higher medical costs and poorer health outcomes. Even more concerning, evidence suggests that low health literacy threatens patients’ and families’ autonomy and exacerbates injustices in patients who are already vulnerable to difficulties navigating the health care system. There is also, however, increasing evidence that health literacy interventions—including initiatives such as plain language practices and teach-back—improve comprehension and usefulness of health care (...)
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  • Recent insights into decision-making and their implications for informed consent.Irene M. L. Vos, Maartje H. N. Schermer & Ineke L. L. E. Bolt - 2018 - Journal of Medical Ethics 44 (11):734-738.
    Research from behavioural sciences shows that people reach decisions in a much less rational and well-considered way than was often assumed. The doctrine of informed consent, which is an important ethical principle and legal requirement in medical practice, is being challenged by these insights into decision-making and real-world choice behaviour. This article discusses the implications of recent insights of research on decision-making behaviour for the informed consent doctrine. It concludes that there is a significant tension between the often non-rational choice (...)
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  • Reframing Recruitment: Evaluating Framing in Authorization for Research Contact Programs.Candace D. Speight, Charlie Gregor, Yi-An Ko, Stephanie A. Kraft, Andrea R. Mitchell, Nyiramugisha K. Niyibizi, Bradley G. Phillips, Kathryn M. Porter, Seema K. Shah, Jeremy Sugarman, Benjamin S. Wilfond & Neal W. Dickert - 2021 - AJOB Empirical Bioethics 12 (3):206-213.
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  • Public health nudges: weighing individual liberty and population health benefits.Derek Soled - 2021 - Journal of Medical Ethics 47 (11):756-760.
    Libertarian paternalism describes the idea of nudging—that is, steering individual decision-making while preserving freedom of choice. In medicine, libertarian paternalism has gained widespread attention, specifically with respect to interventions designed to promote healthy behaviours. Some scholars argue that nudges appropriately balance autonomy and paternalistic beneficence, while others argue that nudges inherently exploit cognitive weaknesses. This paper further explores the ethics of libertarian paternalism in public health. The use of nudges may infringe on an individual’s voluntary choice, autonomy and informed consent, (...)
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  • The Cohen problem of informed consent.William Simkulet - 2020 - Journal of Medical Ethics 46 (9):617-622.
    To avoid potential abuse and respect patient autonomy, physicians have a moral obligation to obtain informed consent before performing any significant medical intervention. To give informed consent, a patient must be competent, understand her condition, options and their expected risks and benefits and must freely and expressly consent to one of those options. Shlomo Cohen challenges this conception of informed consent by constructing cases based on Edmund Gettier’s classic counterexamples to traditional theories of knowledge. In this paper, I argue Cohen-style (...)
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  • Nudging, informed consent and bullshit.William Simkulet - 2018 - Journal of Medical Ethics 44 (8):536-542.
    Some philosophers have argued that during the process of obtaining informed consent, physicians should try to nudge their patients towards consenting to the option the physician believes best, where a nudge is any influence that is expected to predictably alter a person’s behaviour without restricting her options. Some proponents of nudging even argue that it is a necessary and unavoidable part of securing informed consent. Here I argue that nudging is incompatible with obtaining informed consent. I assume informed consent requires (...)
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  • At odds with the truth.William Simkulet - 2018 - Journal of Medical Ethics 44 (8):548-550.
    > The bullshitter may not deceive us, or even intend to do so, either about the facts or about what he takes the facts to be. What he does necessarily attempt to deceive us about is his enterprise. His only indispensably distinctive characteristic is that in a certain way he misrepresents what he is up to. 1 - Harry Frankfurt In both lying and truth-telling, the speaker intends the audience to believe what she says is true; that her enterprise is (...)
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  • And as for the Nudgees?Giles R. Scofield - 2013 - American Journal of Bioethics 13 (6):25-27.
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  • Medicine, market and communication: ethical considerations in regard to persuasive communication in direct-to-consumer genetic testing services.Manuel Schaper & Silke Schicktanz - 2018 - BMC Medical Ethics 19 (1):1-11.
    Commercial genetic testing offered over the internet, known as direct-to-consumer genetic testing (DTC GT), currently is under ethical attack. A common critique aims at the limited validation of the tests as well as the risk of psycho-social stress or adaption of incorrect behavior by users triggered by misleading health information. Here, we examine in detail the specific role of advertising communication of DTC GT companies from a medical ethical perspective. Our argumentative analysis departs from the starting point that DTC GT (...)
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  • Bringing prosocial values to translational, disease-specific stem cell research.Reuben G. Sass - 2014 - BMC Medical Ethics 15 (1):16.
    Disease-specific stem cell therapies, created from induced pluripotent stem cell lines containing the genetic defects responsible for a particular disease, have the potential to revolutionize the treatment of refractory chronic diseases. Given their capacity to differentiate into any human cell type, these cell lines might be reprogrammed to correct a disease-causing genetic defect in any tissue or organ, in addition to offering a more clinically realistic model for testing new drugs and studying disease mechanisms. Clinical translation of these therapies provides (...)
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  • Trust Versus Paternalism.Mark Sagoff - 2013 - American Journal of Bioethics 13 (6):20-21.
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  • Nudging in interpersonal contexts.Yashar Saghai - 2013 - American Journal of Bioethics 13 (6):33-34.
    In “Nudging and Informed Consent,” ShlomoCohen (2013) attempts to address the common objection against nudges that they are autonomy-thwarting because they foster irrationality. He explicitly focuses on informed consent, which he contrasts with the policy context in which health nudges are usually discussed. I think Cohen’s rich article is a significant contribution to the nudge literature. However, I have some concerns with the way he frames and motivates his inquiry...
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  • The Beneficent Nudge Program and Epistemic Injustice.Evan Riley - 2017 - Ethical Theory and Moral Practice 20 (3):597-616.
    Is implementing the beneficent nudge program morally permissible in worlds like ours? I argue that there is reason for serious doubt. I acknowledge that beneficent nudging is highly various, that nudges are in some circumstances morally permissible and even called for, and that nudges may exhibit respect for genuine autonomy. Nonetheless, given the risk of epistemic injustice that nudges typically pose, neither the moral permissibility of beneficent nudging in the abstract, nor its case-by-case vindication, appears sufficient to justify implementing a (...)
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  • Doctors, Patients, and Nudging in the Clinical Context—Four Views on Nudging and Informed Consent.Thomas Ploug & Søren Holm - 2015 - American Journal of Bioethics 15 (10):28-38.
    In an analysis of recent work on nudging we distinguish three positions on the relationship between nudging founded in libertarian paternalism and the protection of personal autonomy through informed consent. We argue that all three positions fail to provide adequate protection of personal autonomy in the clinical context. Acknowledging that nudging may be beneficial, we suggest a fourth position according to which nudging and informed consent are valuable in different domains of interaction.
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  • How to respond to resistiveness towards assistive technologies among persons with dementia.Anders Nordgren - 2018 - Medicine, Health Care and Philosophy 21 (3):411-421.
    It is a common experience among care professionals that persons with dementia often say ‘no’ to conventional caring measures such as taking medication, eating or having a shower. This tendency to say ‘no’ may also concern the use of assistive technologies such as fall detectors, mobile safety alarms, Internet for social contact and robots. This paper provides practical recommendations for care professionals in home health care and social care about how to respond to such resistiveness towards assistive technologies. Apart from (...)
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  • When Aid Is a Good Thing: Trusting Relationships as Autonomy Support in Health Care Settings.Saskia K. Nagel - 2015 - American Journal of Bioethics 15 (10):49-51.
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  • Autonomy Support to Foster Individuals’ Flourishing.Saskia K. Nagel & Peter B. Reiner - 2013 - American Journal of Bioethics 13 (6):36-37.
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  • Presumed Consent Models and Health Information Exchanges: Hard Nudges and Ambiguous Benefits.Ricky T. Munoz, Mark D. Fox & Michael R. Gomez - 2013 - American Journal of Bioethics 13 (6):14-15.
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  • Evidence-Based Nudging: Best Practices in Informed Consent.Ricky Munoz, Mark Fox, Michael Gomez & Scott Gelfand - 2015 - American Journal of Bioethics 15 (10):43-45.
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  • The limits of empowerment: how to reframe the role of mHealth tools in the healthcare ecosystem.Jessica Morley & Luciano Floridi - 2020 - Science and Engineering Ethics 26 (3):1159-1183.
    This article highlights the limitations of the tendency to frame health- and wellbeing-related digital tools (mHealth technologies) as empowering devices, especially as they play an increasingly important role in the National Health Service (NHS) in the UK. It argues that mHealth technologies should instead be framed as digital companions. This shift from empowerment to companionship is advocated by showing the conceptual, ethical, and methodological issues challenging the narrative of empowerment, and by arguing that such challenges, as well as the risk (...)
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  • Nudging in nursing.Anne Helene Mortensen, Marita Nordhaug & Vibeke Lohne - 2019 - Nursing Ethics 26 (6):1601-1610.
    Nudging is a concept in behavioural science, political theory and economics that proposes indirect suggestions to try to achieve non-forced compliance and to influence the decision making and behaviour of groups and individuals. Researchers in medical ethics are currently discussing whether nudging is ethically permissible in healthcare. In this article, we examine current knowledge about how different decisions are made and how this decision-making process pertains to patients. We view this knowledge in light of the nursing project and the ongoing (...)
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  • The Ethical Merits of Nudges in the Clinical Setting.Ester Moher & Khaled El Emam - 2015 - American Journal of Bioethics 15 (10):54-55.
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  • Blameworthy bumping? Investigating nudge’s neglected cousin.Ainar Miyata-Sturm - 2019 - Journal of Medical Ethics 45 (4):257-264.
    The realm of non-rational influence, which includes nudging, is home to many other morally interesting phenomena. In this paper, I introduce the term bumping, to discuss the category of unintentional non-rational influence. Bumping happens constantly, wherever people make choices in environments where they are affected by other people. For instance, doctors will often bump their patients as patients make choices about what treatments to pursue. In some cases, these bumps will systematically tend to make patients’ decisions worse. Put another way: (...)
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  • Nudging, Autonomy, and Valid Consent: Context Matters.Franklin G. Miller & Luke Gelinas - 2013 - American Journal of Bioethics 13 (6):12-13.
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  • Functional Mechanisms of Health Behavior Change Techniques: A Conceptual Review.Maren M. Michaelsen & Tobias Esch - 2022 - Frontiers in Psychology 13.
    BackgroundHealth behavior change is among the top recommendations for improving health of patients with lifestyle-related chronic diseases. An array of behavior change techniques have been developed to support behavior change initiation and maintenance. These BCTs often show limited success when they are not informed by theory, leading to a mismatch between the intention of the BCT and patients’ needs or expectations. Previous studies have identified a number of resources which patients may require to initiate and maintain health behavior change. Indeed, (...)
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  • Ethical Issues in the Use of Nudges to Obtain Informed Consent for Biomedical Research.Maxwell J. Mehlman, Eric Kodish & Jessica Berg - 2018 - IRB: Ethics & Human Research 40 (3):1-5.
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  • Knowledge, behaviour, and policy: questioning the epistemic presuppositions of applying behavioural science in public policymaking.Magdalena Małecka - 2021 - Synthese 199 (1-2):5311-5338.
    The aim of this article is to question the epistemic presuppositions of applying behavioural science in public policymaking. Philosophers of science who have examined the recent applications of the behavioural sciences to policy have contributed to discussions on causation, evidence, and randomised controlled trials. These have focused on epistemological and methodological questions about the reliability of scientific evidence and the conditions under which we can predict that a policy informed by behavioural research will achieve the policymakers’ goals. This paper argues (...)
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  • Context Is All Important in Investigating Attitudes: Acceptability Depends on the Nature of the Nudge, Who Nudges, and Who Is Nudged.Jayne Lucke - 2013 - American Journal of Bioethics 13 (6):24-25.
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  • Using Behavioural Insights to Promote Food Waste Recycling in Urban Households—Evidence From a Longitudinal Field Experiment.Noah Linder, Therese Lindahl & Sara Borgström - 2018 - Frontiers in Psychology 9.
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  • Good Arguments, Wrong Target: Equivalence and the Compatibilist View.Zak Kopeikin - 2015 - American Journal of Bioethics 15 (10):51-53.
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