Results for 'Oren Schwartz'

85 found
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    Mindfulness Meditation and the Meaning of Life.Oren Hanner - 2024 - Mindfulness.
    Throughout the history of philosophy, ethics has often been a source of guidance on how to live a meaningful life. Accordingly, when the ethical foundations of mindfulness are considered, an important question arises concerning the role of meditation in providing meaning. The present article proposes a new theoretical route for understanding the links between mindfulness meditation and meaningfulness by employing the terminology of Susan Wolf’s contemporary philosophical account of a meaningful life. It opens by examining the question of what kinds (...)
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  2. In Search of Buddhist Virtue: A Case for a Pluralist-Gradualist Moral Philosophy.Oren Hanner - 2021 - Comparative Philosophy 12 (2):58-78.
    Classical presentations of the Buddhist path prescribe the cultivation of various good qualities that are necessary for spiritual progress, from mindfulness and loving-kindness to faith and wisdom. Examining the way in which such qualities are described and classified in early Buddhism—with special reference to their treatment in the Visuddhimagga by the fifth-century Buddhist thinker Buddhaghosa—the present article employs a comparative method in order to identify the Buddhist catalog of virtues. The first part sketches the characteristics of virtue as analyzed by (...)
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  3. Beyond the Tools of the Trade: Heidegger and the Intelligibility of Everyday Things.Oren Magid - 2015 - Southern Journal of Philosophy 53 (4):450-470.
    In everyday life, we constantly encounter and deal with useful things without pausing to inquire about the sources of their intelligibility. In Div. I of Being and Time, Heidegger undertakes just such an inquiry. According to a common reading of Heidegger's analysis, the intelligibility of our everyday encounters and dealings with useful things is ultimately constituted by practical self-understandings. In this paper, I argue that while such practical self-understandings may be sufficient to constitute the intelligibility of the tools and equipment (...)
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  4. Buddhism as Reductionism: Personal Identity and Ethics in Parfitian Readings of Buddhist Philosophy; from Steven Collins to the Present.Oren Hanner - 2018 - Sophia 57 (2):211-231.
    Derek Parfit’s early work on the metaphysics of persons has had a vast influence on Western philosophical debates about the nature of personal identity and moral theory. Within the study of Buddhism, it also has sparked a continuous comparative discourse, which seeks to explicate Buddhist philosophical principles in light of Parfit’s conceptual framework. Examining important Parfitian-inspired studies of Buddhist philosophy, this article points out various ways in which a Parfitian lens shaped, often implicitly, contemporary understandings of the anātman doctrine and (...)
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  5. Moral Agency and the Paradox of Self-Interested Concern for the Future in Vasubandhu’s Abhidharmakośabhāṣya.Oren Hanner - 2018 - Sophia 57 (4):591-609.
    It is a common view in modern scholarship on Buddhist ethics, that attachment to the self constitutes a hindrance to ethics, whereas rejecting this type of attachment is a necessary condition for acting morally. The present article argues that in Vasubandhu's theory of agency, as formulated in the Abhidharmakośabhāṣya (Treasury of Metaphysics with Self-Commentary), a cognitive and psychological identification with a conventional, persisting self is a requisite for exercising moral agency. As such, this identification is essential for embracing the ethics (...)
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  6. The bodily other and everyday experience of the lived urban world.Oren Bader & Aya Peri Bader - 2016 - Journal of Aesthetics and Phenomenology 3 (2):93-109.
    This article explores the relationship between the bodily presence of other humans in the lived urban world and the experience of everyday architecture. We suggest, from the perspectives of phenomenology and architecture, that being in the company of others changes the way the built environment appears to subjects, and that this enables us to perform simple daily tasks while still attending to the built environment. Our analysis shows that in mundane urban settings attending to the environment involves a unique attentional (...)
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  7. Further Ado concerning Dasien's "Undifferentiated Mode": Distinguishing the Indiffernt Inauthenticity of Average Everyday Dasien from the Possibility of Genuine Failure.Oren Magid - 2015 - Journal of the British Society for Phenomenology 46 (3):233-250.
    In this paper, I argue against the interpretive view that locates an “undifferentiated mode” – a mode in which Dasein is neither authentic nor inauthentic – in Being and Time. Where Heidegger seems to be claiming that Dasein can exist in an “undifferentiated mode”, he is better understood as discussing a phenomenon I call indifferent inauthenticity. The average everyday “Indifferenz” which is often taken as an indication of an “undifferentiated mode”, that is, is better understood as a failure to distinguish (...)
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  8. Scripture and Scepticism in Vasubandhu’s Exegetical Method.Oren Hanner - 2020 - In Buddhism and Scepticism: Historical, Philosophical, and Comparative Perspectives. Freiburg/Bochum: ProjektVerlag. pp. 131-160.
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  9. Abhidharmakośabhāṣya (Treasury of Metaphysics with Self-Commentary).Oren Hanner - 2021 - Oxford Research Encyclopedia of Religion.
    The Abhidharmakośabhāṣya (Treasury of Metaphysics with Self-Commentary) is a pivotal treatise on early Buddhist thought composed around the fourth or fifth century by the Indian Buddhist philosopher Vasubandhu. This work elucidates the Buddha’s teachings as synthesized and interpreted by the early Buddhist Sarvāstivāda school (“the theory that all [factors] exist”), while recording the major doctrinal polemics that developed around them, primarily those points of contention with the Sautrāntika system of thought (“followers of the scriptures”). Employing the methodology and terminology of (...)
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  10. Buddhism and Scepticism: Historical, Philosophical, and Comparative Perspectives.Oren Hanner (ed.) - 2020 - Freiburg/Bochum: ProjektVerlag.
    Is Buddhism’s attitude towards accepted forms of knowledge sceptical? Are Pyrrhonian scepticism and classical Buddhist scholasticism related in their respective applications and expressions of doubt? In what way and to what degree is Critical Buddhism an offshoot of modern scepticism? Questions such as these as well as related issues are explored in the present collection, which brings together examinations of systematic doubt in the traditions of Buddhism from a variety of perspectives. What results from the perceptive observations and profound analytical (...)
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  11. Simulationism and the Function(s) of Episodic Memory.Arieh Schwartz - 2020 - Review of Philosophy and Psychology 11 (2):487-505.
    According to simulationism, the function of episodic memory is not to remember the past, but to help construct representations of possible future episodes, by drawing together features from different experiential sources. This article suggests that the relationship between the traditional storehouse view, on which the function of memory is remembering, and the simulationist approach is more complicated than has been typically acknowledged. This is attributed, in part, to incorrect interpretations of what remembering on the storehouse view requires. Further, by appeal (...)
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  12. Intellectualism and the argument from cognitive science.Arieh Schwartz & Zoe Drayson - 2019 - Philosophical Psychology 32 (5):662-692.
    Intellectualism is the claim that practical knowledge or ‘know-how’ is a kind of propositional knowledge. The debate over Intellectualism has appealed to two different kinds of evidence, semantic and scientific. This paper concerns the relationship between Intellectualist arguments based on truth-conditional semantics of practical knowledge ascriptions, and anti-Intellectualist arguments based on cognitive science and propositional representation. The first half of the paper argues that the anti-Intellectualist argument from cognitive science rests on a naturalistic approach to metaphysics: its proponents assume that (...)
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  13. Defining dysfunction: Natural selection, design, and drawing a line.Peter H. Schwartz - 2007 - Philosophy of Science 74 (3):364-385.
    Accounts of the concepts of function and dysfunction have not adequately explained what factors determine the line between low‐normal function and dysfunction. I call the challenge of doing so the line‐drawing problem. Previous approaches emphasize facts involving the action of natural selection (Wakefield 1992a, 1999a, 1999b) or the statistical distribution of levels of functioning in the current population (Boorse 1977, 1997). I point out limitations of these two approaches and present a solution to the line‐drawing problem that builds on the (...)
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  14. Incorporating Ethics into Artificial Intelligence.Amitai Etzioni & Oren Etzioni - 2017 - The Journal of Ethics 21 (4):403-418.
    This article reviews the reasons scholars hold that driverless cars and many other AI equipped machines must be able to make ethical decisions, and the difficulties this approach faces. It then shows that cars have no moral agency, and that the term ‘autonomous’, commonly applied to these machines, is misleading, and leads to invalid conclusions about the ways these machines can be kept ethical. The article’s most important claim is that a significant part of the challenge posed by AI-equipped machines (...)
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  15. Reframing the Disease Debate and Defending the Biostatistical Theory.Peter H. Schwartz - 2014 - Journal of Medicine and Philosophy 39 (6):572-589.
    Similarly to other accounts of disease, Christopher Boorse’s Biostatistical Theory (BST) is generally presented and considered as conceptual analysis, that is, as making claims about the meaning of currently used concepts. But conceptual analysis has been convincingly critiqued as relying on problematic assumptions about the existence, meaning, and use of concepts. Because of these problems, accounts of disease and health should be evaluated not as claims about current meaning, I argue, but instead as proposals about how to define and use (...)
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  16. Decision and Discovery in Defining “Disease”.Peter H. Schwartz - 2007 - In Harold Kincaid & Jennifer McKitrick (eds.), Establishing medical reality: Methodological and metaphysical issues in philosophy of medicine. Springer Publishing Company. pp. 47-63.
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  17. In defence of exploitation.Justin Schwartz - 1995 - Economics and Philosophy 11 (2):275--307.
    Roemer's attempt to undermine the normative reasons that Marxists have thought exploitation important (domination, alienation, and inequality) is vitiated by several crucial errors. First, Roemer ignores the dimension of freedom which is Marx's main concern and replaces it with an interest in justice, which Marx rejected. This leads him to misconstrue the nature of exploitation as Marx understands it. Second, his procedure for disconnecting these evils from exploitation, or denying their importance, involves the methodological assumption that exploitation must strictly imply (...)
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  18. Proper function and recent selection.Peter H. Schwartz - 1999 - Philosophy of Science 66 (3):210-222.
    "Modern History" versions of the etiological theory claim that in order for a trait X to have the proper function F, individuals with X must have been recently favored by natural selection for doing F (Godfrey-Smith 1994; Griffiths 1992, 1993). For many traits with prototypical proper functions, however, such recent selection may not have occurred: traits may have been maintained due to lack of variation or due to selection for other effects. I examine this flaw in Modern History accounts and (...)
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  19. Simple Remembering.Arieh Schwartz - 2022 - Synthese 200 (3):1-22.
    Dretske has provided very influential arguments that there is a difference between our sensory awareness of objects and our awareness of facts about these objects—that there is a difference, for example, between seeing x and seeing that x is F. This distinction between simple and epistemic seeing is a staple of the philosophy of perception. Memory is often usefully compared to perception, and in this spirit I argue for the conditional claim that if Dretske’s arguments succeed in motivating the posit (...)
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  20. The Symphony of Sentience, in Cosmos and Life: In Memoriam Anna-Teresa Tymieniecka.Olga Louchakova-Schwartz - 2018 - In Daniela Verducci, Jadwiga Smith & William Smith (eds.), Eco-Phenomenology: Life, Human Life, Post-Human Life in the Harmony of the Cosmos. Cham: Springer Verlag. pp. 3-13. Translated by xx xx.
    This volume presents discussions on a wide range of topics focused on eco-phenomenology and the interdisciplinary investigation of contemporary environmental thought. Starting out with a Tymieniecka Memorial chapter, the book continues with papers on the foundations, theories, readings and philosophical sources of eco-phenomenology. In addition, it examines issues of phenomenological anthropology, ecological perspectives of the human relationship to nature, and phenomenology of the living body and the virtual body. Furthermore, the volume engages in a dialogue with contemporary behavioral sciences on (...)
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  21. Intersubjectivity and Multiple Realities in Zarathushtra's Gathas.Olga Louchakova-Schwartz - 2018 - Open Theology 4 (1):471-488.
    The Gathas, a corpus of seventeen poems in Old Avestan composed by the ancient Iranian poet-priest Zarathushtra (Zoroaster) ca. 1200 B.C.E., is the foundation document of Zoroastrian religion. Even though the dualistic axiology of the Gathas has been widely noted, it has proved very difficult to understand the meaning and genre of the corpus or the position of Zarathushtra’s ideas with regard to other religious philosophies. Relying on recent advances in translation and decryptions of Gathic poetry, I shall here develop (...)
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  22. Why the Negation Problem Is Not a Problem for Expressivism.Jeremy Schwartz & Christopher Hom - 2014 - Noûs 48 (2):824-845.
    The Negation Problem states that expressivism has insufficient structure to account for the various ways in which a moral sentence can be negated. We argue that the Negation Problem does not arise for expressivist accounts of all normative language but arises only for the specific examples on which expressivists usually focus. In support of this claim, we argue for the following three theses: 1) a problem that is structurally identical to the Negation Problem arises in non-normative cases, and this problem (...)
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  23. Questioning the Quantitative Imperative: Decision Aids, Prevention, and the Ethics of Disclosure.Peter H. Schwartz - 2011 - Hastings Center Report 41 (2):30-39.
    Patients should not always receive hard data about the risks and benefits of a medical intervention. That information should always be available to patients who expressly ask for it, but it should be part of standard disclosure only sometimes, and only for some patients. And even then, we need to think about how to offer it.
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  24. Small Tumors as Risk Factors not Disease.Peter H. Schwartz - 2014 - Philosophy of Science 81 (5):986-998.
    I argue that ductal carcinoma in situ (DCIS), the tumor most commonly diagnosed by breast mammography, cannot be confidently classified as cancer, that is, as pathological. This is because there may not be dysfunction present in DCIS—as I argue based on its high prevalence and the small amount of risk it conveys—and thus DCIS may not count as a disease by dysfunction-requiring approaches, such as Boorse’s biostatistical theory and Wakefield’s harmful dysfunction account. Patients should decide about treatment for DCIS based (...)
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  25. The Ethics of Information: Absolute Risk Reduction and Patient Understanding of Screening.Peter H. Schwartz & Eric M. Meslin - 2008 - Journal of General Internal Medicine 23 (6):867-870.
    Some experts have argued that patients should routinely be told the specific magnitude and absolute probability of potential risks and benefits of screening tests. This position is motivated by the idea that framing risk information in ways that are less precise violates the ethical principle of respect for autonomy and its application in informed consent or shared decisionmaking. In this Perspective, we consider a number of problems with this view that have not been adequately addressed. The most important challenges stem (...)
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  26. On the Moral Permissibility of Terraforming.James S. J. Schwartz - 2013 - Ethics and the Environment 18 (2):1-31.
    Terraforming is a process of planetary engineering by which the extant environment of a planetary body is transformed into an environment capable of supporting human inhabitants. The question I would like to consider in this paper is whether there is any reason to believe that the terraforming of another planet—for instance, the terraforming of Mars—is morally problematic. Topics related to the human exploration of space are not often discussed in philosophical circles. Nevertheless, there exists a growing body of philosophical literature (...)
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  27. Theophanis the Monk and Monoimus the Arab in a Phenomenological-Cognitive Perspective.Olga Louchakova-Schwartz - 2016 - Open Theology 2 (1):53-78.
    Two brief Late Antique religious texts, respectively by the monk Theophanis and by Monoimus the Arab, present an interesting problem of whether they embody the authors’ experience, or whether they are merely literary constructs. Rather than approaching this issue through the lens of theory, the article shows how phenomenological analysis and studies of living subjectivity can be engaged with the text in order to clarify the contents of introspective experience and the genesis of its religious connotations. The analysis uncovers a (...)
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  28. Direct intuition: Strategies of knowledge in the Phenomenology of Life, with reference to the Philosophy of Illumination.Olga Louchakova-Schwartz - 2013 - Analecta Husserliana 113:291-315.
    This article presents phenomenological meta-analysis of Tymieniecka's phenomenology of life with regard to its strategies of knowledge. The novelty of phenomenology of life consists in special orientation of direct intuition of Tymieniecka's insight. The analysis suggests that the positioning of the direct intuition differes from philosopher to philosopher. Even though this perspective pays attention to individual differences in philosophical thinking, this view has to be distinguished froll1 psychologism as criticized by Husser!. and rather, seen as a development of Husserl 's (...)
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  29. (1 other version)A role for volition and attention in the generation of new brain circuitry. Toward a neurobiology of mental force.Jeffrey M. Schwartz - 1999 - Journal of Consciousness Studies 6 (8-9):115-142.
    Obsessive-compulsive disorder is a commonly occurring neuropsychiatric condition characterized by bothersome intrusive thoughts and urges that frequently lead to repetitive dysfunctional behaviours such as excessive handwashing. There are well-documented alterations in cerebral function which appear to be closely related to the manifestation of these symptoms. Controlled studies of cognitive-behavioural therapy techniques utilizing the active refocusing of attention away from the intrusive phenomena of OCD and onto adaptive alternative activities have demonstrated both significant improvements in clinical symptoms and systematic changes in (...)
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  30. What's wrong with exploitation?Justin Schwartz - 1995 - Noûs 29 (2):158-188.
    Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the capitalists (...)
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  31. Qualia of God: Phenomenological Materiality in Introspection, with a Reference to Advaita Vedanta.Olga Louchakova-Schwartz - 2017 - Open Theology 3 (1):257-273.
    Applying Michel Henry’s philosophical framework to the phenomenological analysis of religious experience, the author introduces a concept of material introspection and a new theory of the constitution of religious experience in phenomenologically material interiority. As opposed to ordinary mental self-scrutiny, material introspection happens when the usual outgoing attention is reverted onto embodied self-awareness in search of mystical self-knowledge or union with God. Such reversal posits the internal field of consciousness with the self-disclosure of phenomenological materiality. As shown by the example (...)
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  32. Comparative Risk: Good or Bad Heuristic?Peter H. Schwartz - 2016 - American Journal of Bioethics 16 (5):20-22.
    Some experts have argued that patients facing certain types of choices should not be told whether their risk is above or below average, because this information may trigger a bias (Fagerlin et al. 2007). But careful consideration shows that the comparative risk heuristic can usefully guide decisions and improve their quality or rationality. Building on an earlier paper of mine (Schwartz 2009), I will argue here that doctors and decision aids should provide comparative risk information to patients, even while (...)
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  33. The seal of philosophy: Tymieniecka’s Phenomenology of Life in Islamic metaphysical perspective.Olga Louchakova-Schwartz - 2014 - In Anna-Teresa Tymieniecka, Nazif Muhtaroglu & Detlev Quintern (eds.), Islamic and Occidental Philosophy in Dialogue, 7. Springer. pp. 71-101.
    This paper argues that the Islamic metaphysical vision finds its Western philosophical counterpart in Anna-Teresa Tymienecka's Phenomenology of Life. Comparative analysis of the main categories and strategies of knowledge in Islamic metaphysics and the Phenomenology of Life demonstrates obvious similarities, but also significant distinctions whereby the systems can be viewed as complementary. Tymieniecka’s philosophy begins with epoché on preceding philosophical knowledge, while Islamic philosophy begins with revelation. Tymieniecka uses presuppositionless phenomenological direct intuition combined with reflective analysis, while Sufi metaphysics combines (...)
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  34. Quine and the Problem of Truth.Joshua Schwartz - 2016 - Journal for the History of Analytical Philosophy 4 (10).
    Widespread deflationistic readings of Quine misrepresent his view of disquotation’s significance and the truth predicate’s utility. I demonstrate this by answering a question that philosophers have not directly addressed: how does Quine understand the philosophical problem of truth? A primary thesis of this paper is that we can answer this question only by working from within Quine’s naturalistic framework. Drawing on neglected texts from Quine's corpus, I defend the view that, for Quine, the problem of truth emerges from the development (...)
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  35. Disclosure and rationality: Comparative risk information and decision-making about prevention.Peter H. Schwartz - 2009 - Theoretical Medicine and Bioethics 30 (3):199-213.
    With the growing focus on prevention in medicine, studies of how to describe risk have become increasing important. Recently, some researchers have argued against giving patients “comparative risk information,” such as data about whether their baseline risk of developing a particular disease is above or below average. The concern is that giving patients this information will interfere with their consideration of more relevant data, such as the specific chance of getting the disease (the “personal risk”), the risk reduction the treatment (...)
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  36. Ethan Mills, Three Pillars of Skepticism in Classical India: Nāgārjuna, Jayarāśi, and Śrī Harṣa. [REVIEW]Oren Hanner - 2022 - International Journal for the Study of Skepticism 12 (4):353-358.
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  37. Autonomy and Consent in Biobanks.Peter H. Schwartz - 2010 - The Physiologist 53 (1):1, 3-7.
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  38. The Paradox of Ideology.Justin Schwartz - 1993 - Canadian Journal of Philosophy 23 (4):543 - 574.
    A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed (...)
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  39. Ontological relations.Ulf Schwartz & Barry Smith - 2008 - In Peter Heuer & Boris Hennig (eds.), Applied Ontology. pp. 219-234.
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  40. The Value of Information and the Ethics of Personal-Genomic Screening.Peter H. Schwartz - 2009 - American Journal of Bioethics 9 (4):26-27.
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  41. Functional explanation and metaphysical individualism.Justin Schwartz - 1993 - Philosophy of Science 60 (2):278-301.
    G. A. Cohen defends and Jon Elster criticizes Marxist use of functional explanation. But Elster's mechanical conception of explanation is, contrary to Elster's claims, a better basis for vindication of functional explanation than Cohen's nomological conception, which cannot provide an adequate account of functional explanation. Elster also objects that functional explanation commits us to metaphysically bizarre collective subjects, but his argument requires an implausible reading of methodological individualism which involves an unattractive eliminativism about social phenomena.
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  42. From Libertarianism to Egalitarianism.Justin Schwartz - 1992 - Social Theory and Practice 18 (3):259-288.
    A standard natural rights argument for libertarianism is based on the labor theory of property: the idea that I own my self and my labor, and so if I "mix" my own labor with something previously unowned or to which I have a have a right, I come to own the thing with which I have mixed by labor. This initially intuitively attractive idea is at the basis of the theories of property and the role of government of John Locke (...)
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  43. Silence about Screening.Peter H. Schwartz - 2007 - American Journal of Bioethics 7 (7):46-48.
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  44. Madhyamaka and Yogācāra: Allies or Rivals? eds. by Jay L. Garfield and Jan Westerhoff. [REVIEW]Oren Hanner - 2018 - Philosophy East and West 68 (2):629-633.
    Recent decades have witnessed a number of scholarly attempts to illuminate the philosophical affinity between the Madhyamaka and Yogācāra, the two main systems of thought in the Mahāyāna stream of Buddhism. Both schools originated in India in the first centuries of the common era, and had a significant impact on the doctrines of Asian Buddhism in such countries as China, Korea, Tibet, and Japan. Consequently, their views concerning reality have been documented in various textual sources, ranging from early philosophical treatises (...)
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  45. Patient Understanding of Benefits, Risks, and Alternatives to Screening Colonoscopy.Peter H. Schwartz, Elizabeth Edenberg, Patrick R. Barrett, Susan M. Perkins, Eric M. Meslin & Thomas F. Imperiale - 2013 - Family Medicine 45 (2):83-89.
    While several tests and strategies are recommended for colorectal cancer (CRC) screening, studies suggest that primary care providers often recommend colonoscopy without providing information about its risks or alternatives. These observations raise concerns about the quality of informed consent for screening colonoscopy.
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  46. The Limits of Eudaimonia in the Nicomachean Ethics.Schwartz Daniel - 2016 - Journal of Greco-Roman Studies 55 (3):35-52.
    In Book I of his Nicomachean Ethics (NE), Aristotle defines happiness, or eudaimonia, in accordance with an argument he makes regarding the distinctive function of human beings. In this paper, I argue that, despite this argument, there are moments in the NE where Aristotle appeals to elements of happiness that don’t follow from the function argument itself. The place of these elements in Aristotle’s account of happiness should, therefore, be a matter of perplexity. For, how can Aristotle appeal to elements (...)
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  47. Discounting a Surgical Risk: Data, Understanding, and Gist.Peter H. Schwartz - 2012 - American Medical Association Journal of Ethics 14 (7):532-538.
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  48. Relativism, Reflective Equilibrium, and Justice.Schwartz Justin - 1997 - Legal Studies 17:128-68.
    THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS. -/- The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: (...)
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  49. Where Did Mill Go Wrong? Why the Capital-Managed Rather than the Labor-Managed Enterprise is the Predominant.Schwartz Justin - 2012 - Ohio State Law Journal 73:220-85.
    In this Article, I propose a novel law and economics explanation of a deeply puzzling aspect of business organization in market economies. Why are virtually all firms organized as capital-managed and -owned (capitalist) enterprises rather than as labor-managed and -owned cooperatives? Over 150 years ago, J.S. Mill predicted that efficiency and other advantages would eventually make worker cooperatives predominant over capitalist firms. Mill was right about the advantages but wrong about the results. The standard explanation is that capitalist enterprise is (...)
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  50. Voice Without Say: Why Capital-Managed Firms Aren't (Genuinely) Participatory.Schwartz Justin - 2013 - Fordham Journal of Corporate and Financial Law 18:963-1020.
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