Results for 'Jillian L. Dunphy'

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  1. Conceptualising ‘Undue Influence’ in Decision-Making Support for People with Mental Disabilities.Jillian Craigie - 2021 - Medical Law Review 29 (1):48-79.
    A crucial question in relation to support designed to enable the legal capacity of people with mental disabilities concerns when support constitutes undue influence. This article addresses this question in order to facilitate the development of law and policy in England and Wales, by providing a normative analysis of the different approaches to undue influence across decisions about property, contracts, health, finances, and accommodation. These are all potential contexts for supporting legal capacity, and, in doing so, the article compares approaches (...)
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  2.  77
    Against a singular understanding of legal capacity: Criminal responsibility and the Convention on the Rights of Persons with Disabilities.Jillian Craigie - 2015 - International Journal of Law and Psychiatry 40:6-14.
    The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role in (...)
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  3.  96
    Problems of Control: Alcohol Dependence, Anorexia Nervosa, and the Flexible Interpretation of Mental Incapacity Tests.Jillian Craigie & Ailsa Davies - 2018 - Medical Law Review 27 (2):215-241.
    This article investigates the ability of mental incapacity tests to account for problems of control, through a study of the approach to alcohol dependence and a comparison with the approach to anorexia nervosa, in England and Wales. The focus is on two areas of law where questions of legal and mental capacity arise for people who are alcohol dependent: decisions about treatment for alcohol dependence and diminished responsibility for a killing. The mental incapacity tests used in these legal contexts are (...)
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  4. Rationality, diagnosis and patient autonomy.Jillian Craigie & Lisa Bortolotti - 2014 - Oxford Handbook Psychiatric Ethics.
    In this chapter, our focus is the role played by notions of rationality in the diagnosis of mental disorders, and in the practice of overriding patient autonomy in psychiatry. We describe and evaluate different hypotheses concerning the relationship between rationality and diagnosis, raising questions about what features underpin psychiatric categories. These questions reinforce widely held concerns about the use of diagnosis as a justification for overriding autonomy, which have motivated a shift to mental incapacity as an alternative justification. However, this (...)
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  5. Aenesidemus: Fourth Letter.Robb Dunphy - manuscript
    This is a draft translation of the fourth letter of G.E. Schulze's Aenesidemus. Comments and corrections welcome.
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  6. Aenesidemus: First Letter.Robb Dunphy - manuscript
    This is a draft translation of the first letter of G.E. Schulze's Aenesidemus. Comments and corrections welcome.
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  7. Aenesidemus: Title, Indication of Contents, Preface.Robb Dunphy - manuscript
    G.E. Schulze's Aenesidemus, despite its importance for the development of post-Kantian idealism, has not been fully translated into English. Now and then, when I have time, I will upload draft translations of parts of the text here, with the goal of, at some point, providing a complete translation. These drafts will be rough and I welcome feedback! -/- This document contains only the Title page, Schulze's indication of the contents of the work, and the preface.
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  8. Aenesidemus: Third Letter (without appendix).Robb Dunphy - manuscript
    This is a translation of the short, third letter in G.E. Schulze's Aenesidemus, without its lengthy appendix. -/- Excerpts of the appendix which follows this letter have been translated into English by George di Giovanni in Between Kant and Hegel, eds. G. di Giovanni and H.S. Harris, (Indianapolis, IN: Hackett Publishing Company Inc., 2000).
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  9. Chose et subjectivité dans l'Ethique de Spinoza.L. Levy - 1998 - Revue des Sciences Philosophiques Et Théologiques 82 (1):49-64.
    Le but de ce texte est de mettre en évidence les équi­valences entre la façon dont le concept de conatus résout, dans l'Éthique, le problème de l'unité modale complexe. en rendant consis­tant le concept de chose singulière en tant que celle-ci doit être consi­dérée comme un légitime sujet d'attribution d'états, et la façon dont ce même concept dessine le rapport cognitif de l'esprit avec lui-même, rapport par lequel l'esprit se saisit comme sujet de ses états et qui ca­ractérise la notion (...)
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  10.  71
    Vom Verdacht zur Verunstaltung. Moralpredigt gegen die moralische Übershreibung großer Kunstwerke am Beispiel von Botticelli, Bach und Tolstoi.Olaf L. Müller - 2023 - In Konstantin Funk & Ulrike Peisker (eds.), Ich sehe was, was du nicht siehst. Fragen moralischer, ästhetischer und religiöser Phänomenologie. Leipzig: Evangelische Verlagsanstalt. pp. 155-174.
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  11. La temporalité à l’épreuve du confinement - A temporalidade à prova do confinamento.Hélène L’Heuillet - 2021 - Revista Natureza Humana 23:37-45.
    Je cherche à explorer comment l'expérience de la temporalité est multiforme et fortement perturbée à l'époque de la pandémie Covid-19 et des politiques de confinement, générant une expérience d'hétérochronie, qui remet en question notre rapport à la vie.
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  12. What You Can't Expect When You're Expecting'.L. A. Paul - 2015 - Res Philosophica 92 (2):1-23.
    It seems natural to choose whether to have a child by reflecting on what it would be like to actually have a child. I argue that this natural approach fails. If you choose to become a parent, and your choice is based on projections about what you think it would be like for you to have a child, your choice is not rational. If you choose to remain childless, and your choice is based upon projections about what you think it (...)
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  13. Temporal Experience.L. A. Paul - 2010 - Journal of Philosophy 107 (7):333-359.
    The question I want to explore is whether experience supports an antireductionist ontology of time, that is, whether we should take it to support an ontology that includes a primitive, monadic property of nowness responsible for the special feel of events in the present, and a relation of passage that events instantiate in virtue of literally passing from the future, to the present, and then into the past.
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  14. Existing Ethical Tensions in Xenotransplantation.L. Syd M. Johnson - 2022 - Cambridge Quarterly of Healthcare Ethics 31 (3):355-367.
    The genetic modification of pigs as a source of transplantable organs is one of several possible solutions to the chronic organ shortage. This paper describes existing ethical tensions in xenotransplantation (XTx) that argue against pursuing it. Recommendations for lifelong infectious disease surveillance and notification of close contacts of recipients are in tension with the rights of human research subjects. Parental/guardian consent for pediatric xenograft recipients is in tension with a child’s right to an open future. Individual consent to transplant is (...)
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  15. La temporalité à l’épreuve du confinement.Hélène L’Heuillet - 2021 - Natureza Humana Revista Internacional de Filosofia E Psicanálise 23:37-45.
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  16. A One Category Ontology.L. A. Paul - 2017 - In John A. Keller (ed.), Being, Freedom, and Method: Themes From the Philosophy of Peter van Inwagen. New York: Oxford University Press UK. pp. 32-62.
    I defend a one category ontology: an ontology that denies that we need more than one fundamental category to support the ontological structure of the world. Categorical fundamentality is understood in terms of the metaphysically prior, as that in which everything else in the world consists. One category ontologies are deeply appealing, because their ontological simplicity gives them an unmatched elegance and spareness. I’m a fan of a one category ontology that collapses the distinction between particular and property, replacing it (...)
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  17. First personal modes of presentation and the structure of empathy.L. A. Paul - 2017 - Inquiry: An Interdisciplinary Journal of Philosophy 60 (3):189-207.
    I argue that we can understand the de se by employing the subjective mode of presentation or, if one’s ontology permits it, by defending an abundant ontology of perspectival personal properties or facts. I do this in the context of a discussion of Cappelen and Dever’s recent criticisms of the de se. Then, I discuss the distinctive role of the first personal perspective in discussions about empathy, rational deference, and self-understanding, and develop a way to frame the problem of lacking (...)
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  18. The Subjectively Enduring Self.L. A. Paul - 2017 - In Ian Phillips (ed.), The Routledge Handbook of Philosophy of Temporal Experience: Routledge Handbooks in Philosophy. New York: Routledge. pp. 262-271.
    The self can be understood in objective metaphysical terms as a bundle of properties, as a substance, or as some other kind of entity on our metaphysical list of what there is. Such an approach explores the metaphysical nature of the self when regarded from a suitably impersonal, ontological perspective. It explores the nature and structure of the self in objective reality, that is, the nature and structure of the self from without. This is the objective self. I am taking (...)
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  19. Shifting the Moral Burden: Expanding Moral Status and Moral Agency.L. Syd M. Johnson - 2021 - Health and Human Rights Journal 2 (23):63-73.
    Two problems are considered here. One relates to who has moral status, and the other relates to who has moral responsibility. The criteria for mattering morally have long been disputed, and many humans and nonhuman animals have been considered “marginal cases,” on the contested edges of moral considerability and concern. The marginalization of humans and other species is frequently the pretext for denying their rights, including the rights to health care, to reproductive freedom, and to bodily autonomy. There is broad (...)
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  20. Is Panpsychism at Odds with Science?L. Roelofs - 2021 - Journal of Consciousness Studies 28 (9-10):116-128.
    Galileo’s Error is a superlative work of public philosophy, particularly as a way of introducing modern academic panpsychism to a broader audience. In this commentary, I reflect on an issue that is prominent, though often with different background concerns, in both academic and popular discourse: what it means to be ‘scientific’ or ‘unscientific’. Panpsychism is not itself a scientific hypothesis, but neither is it (as critics sometimes claim) in conflict with science. Indeed, Goff argues, and I agree, that panpsychism is (...)
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  21.  19
    Over de grondslagen der wiskunde.L. E. J. Brouwer - 1907 - Amsterdam-Leipzig: Maas & van Suchtelen.
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  22. Public Health, Public Goods, and Market Failure.L. Chad Horne - 2019 - Public Health Ethics 12 (3):287-292.
    This discussion revises and extends Jonny Anomaly's ‘public goods’ account of public health ethics in light of recent criticism from Richard Dees. Public goods are goods that are both non-rival and non-excludable. What is significant about such goods is that they are not always provided efficiently by the market. Indeed, the state can sometimes realize efficiency gains either by supplying such goods directly or by compelling private purchase. But public goods are not the only goods that the market may fail (...)
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  23. Intеrсulturаl соmmuniсаtiоn in thе соntеxt оf glоbаlizаtiоn: Sоmе philоsоphiсаl issuеs.Lе Kiеn - 2019 - WP.
    In this аrtiсlе, thе аuthоr fосusеs оn еluсidаting sоmе philоsоphiсаl аspесts оf intеrсulturаl соmmuniсаtiоn in thе соntеxt оf glоbаlizаtiоn оn thе bаsis оf rесоgnizing thе соntributiоns аnd limitаtiоns оf Wittgеnstеin tо thе birth оf philоsоphy. сulturе study. Thоsе philоsоphiсаl issuеs аrе: thе similаrity in thinking аnd асting оf pеоplе асrоss сulturеs; divеrsity оf сulturеs, wоrldviеws аnd wаys оf lifе. Frоm thе Mаrxist pоint оf viеw, thе аuthоr pоintеd оut аnd сritiсizеd thе limitаtiоns оf Wittgеnstеin's philоsоphiсаl соnсеptiоn; аnd аt thе sаmе (...)
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  24. Whose Preferences?L. A. Paul - 2020 - American Journal of Bioethics 20 (8):65-66.
    Commentary on Walsh, E. 2020. Cognitive transformation, dementia, and the moral weight of advance directives. The American Journal of Bioethics. 20(8): 54–64.
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  25. Exploratory experiments.L. R. Franklin - 2005 - Philosophy of Science 72 (5):888-899.
    Philosophers of experiment have acknowledged that experiments are often more than mere hypothesis-tests, once thought to be an experiment's exclusive calling. Drawing on examples from contemporary biology, I make an additional amendment to our understanding of experiment by examining the way that `wide' instrumentation can, for reasons of efficiency, lead scientists away from traditional hypothesis-directed methods of experimentation and towards exploratory methods.
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  26. La connaissance commune: une sémantique pour la logique modale.L. Lismont & P. Mongin - 1993 - Logique Et Analyse 133 (134):133-149.
    This French paper is a prelimary report on the authors' work on the logics of common knowledge and common belief. See L. Lismont and P. Mongin, "On the logic of common belief and common knowledge", Theory and Decision 37 (1): 75-106. 1994 for a more complete report.
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  27. Editorial: Genome Invading RNA Networks.L. P. Villarreal & Guenther Witzany - 2018 - Frontiers in Microbiology 9:1-3.
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  28.  59
    Science as Performance: An Investigation of the Practice of Science Via the Lens of Performance Theory.Jenny L. Nielsen - 2022 - Collective Entanglements (Iari).
    While science is often presented as a body of knowledge or collection of passively accumulated facts, science should be examined and experienced as a performed process, a human endeavor connected to the ways we access the world. In this white paper, I briefly introduce the practice of science from the perspective of performance theory. By examining science in the context of performance, we may approach certain key questions about science directly. How do scientists perform experiments and practice the scientific method (...)
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  29. Identifying Difference, Engaging Dissent: What is at Stake in Democratizing Knowledge?L. King, B. Morgan-Olsen & J. Wong - 2016 - Foundations of Science 21 (1):69-88.
    Several prominent voices have called for a democratization of science through deliberative processes that include a diverse range of perspectives and values. We bring these scholars into conversation with extant research on democratic deliberation in political theory and the social sciences. In doing so, we identify systematic barriers to the effectiveness of inclusive deliberation in both scientific and political settings. We are particularly interested in what we call misidentified dissent, where deliberations are starkly framed at the outset in terms of (...)
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  30. A market failures approach to justice in health.L. Chad Horne & Joseph Heath - 2022 - Politics, Philosophy and Economics 21 (2):165-189.
    Politics, Philosophy & Economics, Volume 21, Issue 2, Page 165-189, May 2022. It is generally acknowledged that a certain amount of state intervention in health and health care is needed to address the significant market failures in these sectors; however, it is also thought that the primary rationale for state involvement in health must lie elsewhere, for example in an egalitarian commitment to equalizing access to health care for all citizens. This paper argues that a complete theory of justice in (...)
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  31. Advance Requests for Medically-Assisted Dying.L. W. Sumner - manuscript
    When medical assistance in dying (MAiD) was legalized in Canada in June 2016, the question of allowing decisionally capable persons to make advance requests in anticipation of later incapacity was reserved for further consideration during the mandatory parliamentary review originally scheduled to begin in June 2020 (but since delayed by COVID-19). In its current form the legislation does not permit such requests, since it stipulates that at the time at which the procedure is to be administered the patient must give (...)
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  32. Time, Change and Freedom: An Introduction to Metaphysics.L. Nathan Oaklander & Quentin Smith - 1995 - New York: Routledge. Edited by L. Nathan Oaklander.
    First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.
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  33. University Governance and Campus Speech.L. W. Sumner - manuscript
    Hate speech, understood broadly, is any form of expression intended to arouse hatred or contempt toward members of a particular social group. When university administrators have reason to believe that a planned speaking event on campus may feature hate speech (at least in the eyes of some), how should they respond? In this paper I address this question as it arises for Canadian universities. I argue that, where the regulation of campus speech is concerned, the right course of action for (...)
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  34. The Paradoxical Evolution of Law.L. Ali Khan - 2012 - Lewis and Clark Law Review 16 (1):337-361.
    This Essay presents law’s evolution as a paradoxical union of the finite and the infinite. At any given point in time, law is a finite body of norms, which can be identified. At the same time, law’s evolution is infinite because rule-mutations that alter those norms are indeterminable. In modern legal systems, law’s evolution occurs under the constraining influence of master texts, which provide normative durability by enshrining the fundamental norms of a legal system and fortifying them against change. Despite (...)
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  35. On the logical unsolvability of the Gettier problem.L. Floridi - 2004 - Synthese 142 (1):61 - 79.
    The tripartite account of propositional, fallibilist knowledge that p as justified true belief can become adequate only if it can solve the Gettier Problem. However, the latter can be solved only if the problem of a successful coordination of the resources (at least truth and justification) necessary and sufficient to deliver propositional, fallibilist knowledge that p can be solved. In this paper, the coordination problem is proved to be insolvable by showing that it is equivalent to the ''''coordinated attack'''' problem, (...)
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  36. Medical Need, Equality, and Uncertainty.L. Chad Horne - 2016 - Bioethics 30 (8):588-596.
    Many hold that distributing healthcare according to medical need is a requirement of equality. Most egalitarians believe, however, that people ought to be equal on the whole, by some overall measure of well-being or life-prospects; it would be a massive coincidence if distributing healthcare according to medical need turned out to be an effective way of promoting equality overall. I argue that distributing healthcare according to medical need is important for reducing individuals' uncertainty surrounding their future medical needs. In other (...)
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  37. Bacteria, sex, and systematics.L. R. Franklin - 2007 - Philosophy of Science 74 (1):69-95.
    Philosophical discussions of species have focused on multicellular, sexual animals and have often neglected to consider unicellular organisms like bacteria. This article begins to fill this gap by considering what species concepts, if any, apply neatly to the bacterial world. First, I argue that the biological species concept cannot be applied to bacteria because of the variable rates of genetic transfer between populations, depending in part on which gene type is prioritized. Second, I present a critique of phylogenetic bacterial species, (...)
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  38. Understanding the Role of Thai Aesthetics in Religion, and the Potentiality of a Thai Christian Aesthetic.L. Keith Neigenfind - 2020 - Religion and Social Communication 1 (18):49-66.
    Thailand has a rich history of using aesthetics as a means of communication. This is seen not only in the communication of basic ideas, but aesthetics are also used to communicate the cultural values of the nation. Aesthetical images in Thailand have the tendency to dwell both in the realm of the mundane and the supernatural, in the daily and the esoteric. Historically, many faith traditions have used aesthetics as an effective form of communication, including Buddhism, Brahmanism, as well as (...)
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  39. Artificial evil and the foundation of computer ethics.L. Floridi & J. Sanders - 2000 - Etica E Politica 2 (2).
    Moral reasoning traditionally distinguishes two types of evil: moral and natural. The standard view is that ME is the product of human agency and so includes phenomena such as war, torture and psychological cruelty; that NE is the product of nonhuman agency, and so includes natural disasters such as earthquakes, floods, disease and famine; and finally, that more complex cases are appropriately analysed as a combination of ME and NE. Recently, as a result of developments in autonomous agents in cyberspace, (...)
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  40. After Hermeneutics?L. Sebastian Purcell - 2010 - Symposium: Canadian Journal of Continental Philosophy/Revue canadienne de philosophie continentale 14 (2):160-179.
    Recently Alain Badiou and Quentin Meillassoux have attacked the core of the phenomenological hermeneutic tradition: its commitment to the finitude of human understanding. If accurate, this critique threatens to render the whole tradition a topic of merely historical interest. Given the depth of the criticism, this essay aims to establish a provisional defense of hermeneutics. After briefly reviewing each critique, it is argued that Badiou and Meillassoux themselves face rather intractable difficulties. These difficulties, then, open the space for a hermeneutic (...)
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  41. Why Don’t Physicians Use Ethics Consultation?L. Davies & Leonard D. Hudson - 1999 - Journal of Clinical Ethics 10 (2):116-125.
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  42. Constructing Models of Ethical Knowledge: A Scientific Enterprise.L. P. Steffe - 2014 - Constructivist Foundations 9 (2):262-264.
    Open peer commentary on the article “Ethics: A Radical-constructivist Approach” by Andreas Quale. Upshot: The first of my two main goals in this commentary is to establish thinking of ethics as concepts rather than as non-cognitive knowledge. The second is to argue that establishing models of individuals’ ethical concepts is a scientific enterprise that is quite similar to establishing models of individuals’ mathematical concepts. To accomplish these two primary goals, I draw from my experience of working scientifically with von Glasersfeld (...)
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  43. What Makes Health Care Special?: An Argument for Health Care Insurance.L. Chad Horne - 2017 - Kennedy Institute of Ethics Journal 27 (4):561-587.
    Citizens in wealthy liberal democracies are typically expected to see to basic needs like food, clothing, and shelter out of their own income, and those without the means to do so usually receive assistance in the form of cash transfers. Things are different with health care. Most liberal societies provide their citizens with health care or health care insurance in kind, either directly from the state or through private insurance companies that are regulated like public utilities. Except perhaps for small (...)
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  44. Acquiring the Notion of a Dependent Designation: A Response to Douglas L. Berger.Jay L. Garfield & Jan Westerhoff - 2011 - Philosophy East and West 61 (2):365-367.
    In a recent issue of Philosophy East and West Douglas Berger defends a new reading of Mūlamadhyamakakārikā XXIV : 18, arguing that most contemporary translators mistranslate the important term prajñaptir upādāya, misreading it as a compound indicating "dependent designation" or something of the sort, instead of taking it simply to mean "this notion, once acquired." He attributes this alleged error, pervasive in modern scholarship, to Candrakīrti, who, Berger correctly notes, argues for the interpretation he rejects.Berger's analysis, and the reading of (...)
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  45. Identification, situational constraint, and social cognition : studies in the attribution of moral responsibility.L. Woolfolk Robert, M. Doris John & M. Darley John - 2008 - In Joshua Michael Knobe & Shaun Nichols (eds.), Experimental Philosophy. Oxford: Oxford University Press.
    In three experiments we studied lay observers’ attributions of responsibility for an antisocial act (homicide). We systematically varied both the degree to which the action was coerced by external circumstances and the degree to which the actor endorsed and accepted ownership of the act, a psychological state that philosophers have termed ‘identification’. Our findings with respect to identification were highly consistent. The more an actor was identified with an action, the more likely observers were to assign responsibility to the actor, (...)
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  46. The puzzle of the changing past.L. Barlassina & F. Del Prete - 2015 - Analysis 75 (1):59-67.
    If you utter sentence (1) ‘Obama was born in 1961’ now, you say something true about the past. Since the past will always be such that the year 1961 has the property of being a time in which Obama was born, it seems impossible that could ever be false in a future context of utterance. We shall consider the case of a sentence about the past exactly like (1), but which was true when uttered a few years ago and is (...)
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  47. The Language of Indrajit of Orchā. A Study of Early Braj Bhāṣā ProseThe Language of Indrajit of Orcha. A Study of Early Braj Bhasa Prose.L. A. Schwarzschild & R. S. McGregor - 1969 - Journal of the American Oriental Society 89 (3):636.
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  48. Two Conceptions of Solidarity in Health Care.L. Chad Horne - 2023 - Social Theory and Practice 49 (2):261-285.
    In this paper, I distinguish two conceptions of solidarity, which I call solidarity as beneficence and solidarity as mutual advantage. I argue that only the latter is capable of providing a complete foundation for national universal health care programs. On the mutual advantage account, the rationale for universal insurance is parallel to the rationale for a labor union’s “closed shop” policy. In both cases, mandatory participation is necessary in order to stop individuals free-riding on an ongoing system of mutually advantageous (...)
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  49. Freedom as ethical practices: On the possibility of freedom through freeganism and freecycling in Hong Kong.L. Lou - 2019 - Asian Anthropology 18 (4).
    Although the idea of freedom has been well studied as an ideal in political philosophy, relatively little scholarship has focused on the human experience of freedom. Drawing on ethnographic research between 2012 and 2013, I examine how freedom was achieved by people who practice freeganism and freecycling in Hong Kong. I show that the freedom that these people pursue, either individually or collectively, is not a freedom without constraints but a freedom that must be attained through the exercise of deliberation, (...)
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  50. Time and Existence: A Critique of Degree Presentism.L. Nathan Oaklander - 2009 - In Maria Elisabeth Reicher (ed.), States of Affairs. Heusenstamm: Ontos. pp. 151-165.
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