Results for 'Thomas Schwartz'

950 found
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  1. 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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  2. Godehard Brüntrup, Matthias Rugel, and Maria Schwartz . Auferstehung des Leibes - Unsterblichkeit der Seele. [Resurrection of the Body - Immortality of the Soul]. Kohlhammer, 2010. [REVIEW]Thomas Marschler - 2011 - European Journal for Philosophy of Religion 3 (1):260-265.
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  3. 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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  4. 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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  5. 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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  6. 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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  7. How to design AI for social good: seven essential factors.Luciano Floridi, Josh Cowls, Thomas C. King & Mariarosaria Taddeo - 2020 - Science and Engineering Ethics 26 (3):1771–1796.
    The idea of artificial intelligence for social good is gaining traction within information societies in general and the AI community in particular. It has the potential to tackle social problems through the development of AI-based solutions. Yet, to date, there is only limited understanding of what makes AI socially good in theory, what counts as AI4SG in practice, and how to reproduce its initial successes in terms of policies. This article addresses this gap by identifying seven ethical factors that are (...)
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  8. 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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  9. 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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  10. 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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  11. 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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  12. Stem cells: biopsy on frozen embryos.Peter Schwartz - 2007 - Hastings Center Report 37 (1):7.
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  13. 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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  14. 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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  15. Working with Research Integrity—Guidance for Research Performing Organisations: The Bonn PRINTEGER Statement.Mira Zöller, Hub Zwart, Knut Vie, Krista Varantola, Marta Tazewell, Margit Sutrop, Thomas Saretzki, Sarah Rijcke, Barend Meulen, Inge Lerouge, Matthias Kaiser, Jacques Janssen, Ingrid Jacobsen, Serge Horbach, Bert Heinrichs, Gloria Fuster, Carlo Casonato, Henriette Bout, Giles Birchley, Sharon Bailey, Frank Anthun & Ellen-Marie Forsberg - 2018 - Science and Engineering Ethics 24 (4):1023-1034.
    This document presents the Bonn PRINTEGER Consensus Statement: Working with Research Integrity—Guidance for research performing organisations. The aim of the statement is to complement existing instruments by focusing specifically on institutional responsibilities for strengthening integrity. It takes into account the daily challenges and organisational contexts of most researchers. The statement intends to make research integrity challenges recognisable from the work-floor perspective, providing concrete advice on organisational measures to strengthen integrity. The statement, which was concluded February 7th 2018, provides guidance on (...)
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  16. 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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  17. 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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  18. Relevant Logics Obeying Component Homogeneity.Roberto Ciuni, Damian Szmuc & Thomas Macaulay Ferguson - 2018 - Australasian Journal of Logic 15 (2):301-361.
    This paper discusses three relevant logics that obey Component Homogeneity - a principle that Goddard and Routley introduce in their project of a logic of significance. The paper establishes two main results. First, it establishes a general characterization result for two families of logic that obey Component Homogeneity - that is, we provide a set of necessary and sufficient conditions for their consequence relations. From this, we derive characterization results for S*fde, dS*fde, crossS*fde. Second, the paper establishes complete sequent calculi (...)
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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. 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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  21. 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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  22. 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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  23. 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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  24. 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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  25. 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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  26. (1 other version)The Ethical Challenges in the Context of Climate Loss and Damage.Ivo Wallimann-Helmer, Kian Mintz-Woo, Lukas Meyer, Thomas Schinko & Olivia Serdeczny - 2019 - In Reinhard Mechler, Laurens M. Bouwer, Thomas Schinko, Swenja Surminski & JoAnne Linnerooth-Bayer (eds.), Loss and Damage from Climate Change. Springer. pp. 39-62.
    This chapter lays out what we take to be the main types of justice and ethical challenges concerning those adverse effects of climate change leading to climate-related Loss and Damage (L&D). We argue that it is essential to clearly differentiate between the challenges concerning mitigation and adaptation and those ethical issues exclusively relevant for L&D in order to address the ethical aspects pertaining to L&D in international climate policy. First, we show that depending on how mitigation and adaptation are distinguished (...)
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  27. 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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  28. Child Safety, Absolute Risk, and the Prevention Paradox.Peter H. Schwartz - 2012 - Hastings Center Report 42 (4):20-23.
    Imagine you fly home from vacation with your one-and-a-half-year-old son who is traveling for free as a “lap child.” In the airport parking lot, you put him into his forward-facing car seat, where he sits much more contentedly than he did in the rear-facing one that was mandatory until his first birthday. After he falls asleep on the way home, you transfer him to his crib without waking him, lowering the side rail so you can lift him in more easily. (...)
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  29. 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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  30. (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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  31. Finding middle ground between intellectual arrogance and intellectual servility: Development and assessment of the limitations-owning intellectual humility scale.Megan Haggard, Daniel Howard-Snyder, Wade C. Rowatt, Joseph C. Leman, Benjamin Meagher, Courtney Lomax, Thomas Ferguson, Heather Battaly, Jason Baehr & Dennis Whitcomb - 2018 - Personality and Individual Differences 124:184-193.
    Recent scholarship in intellectual humility (IH) has attempted to provide deeper understanding of the virtue as personality trait and its impact on an individual's thoughts, beliefs, and actions. A limitations-owning perspective of IH focuses on a proper recognition of the impact of intellectual limitations and a motivation to overcome them, placing it as the mean between intellectual arrogance and intellectual servility. We developed the Limitations-Owning Intellectual Humility Scale to assess this conception of IH with related personality constructs. In Studies 1 (...)
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  32. Ontological relations.Ulf Schwartz & Barry Smith - 2008 - In Peter Heuer & Boris Hennig (eds.), Applied Ontology. pp. 219-234.
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  33. Autonomy and Consent in Biobanks.Peter H. Schwartz - 2010 - The Physiologist 53 (1):1, 3-7.
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  34. forall x: Calgary. An Introduction to Formal Logic (4th edition).P. D. Magnus, Tim Button, Robert Trueman, Richard Zach & Aaron Thomas-Bolduc - 2023 - Calgary: Open Logic Project.
    forall x: Calgary is a full-featured textbook on formal logic. It covers key notions of logic such as consequence and validity of arguments, the syntax of truth-functional propositional logic TFL and truth-table semantics, the syntax of first-order (predicate) logic FOL with identity (first-order interpretations), symbolizing English in TFL and FOL, and Fitch-style natural deduction proof systems for both TFL and FOL. It also deals with some advanced topics such as modal logic, soundness, and functional completeness. Exercises with solutions are available. (...)
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  35. 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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  36. 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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  37. 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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  38. Propositional attitude psychology as an ideal type.Justin Schwartz - 1992 - Topoi 11 (1):5-26.
    This paper critiques the view, widely held by philosophers of mind and cognitive scientists, that psychological explanation is a matter of ascribing propositional attitudes (such as beliefs and desires) towards language-like propositions in the mind, and that cognitive mental states consist in intentional attitudes towards propositions of a linguistic quasi-linguistic nature. On this view, thought is structured very much like a language. Denial that propositional attitude psychology is an adequate account of mind is therefore, on this view, is tantamount to (...)
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  39.  31
    The Unattainable Modernity: Overcoming the Legacy of Pre-modern Structures. [REVIEW]Joseph Schwartz - unknown
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  40. Who's afraid of multiple realizability?: Functionalism, reductionism, and connectionism.Justin Schwartz - 1992 - In John Dinsmore (ed.), The Symbolic and Connectionist Paradigms: Closing the Gap. Lawrence Erlbaum.
    Philosophers have argued that on the prevailing theory of mind, functionalism, the fact that mental states are multiply realizable or can be instantiated in a variety of different physical forms, at least in principle, shows that materialism or physical is probably false. A similar argument rejects the relevance to psychology of connectionism, which holds that mental states are embodied and and constituted by connectionist neural networks. These arguments, I argue, fall before reductios ad absurdam, proving too much -- they apply (...)
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  41. Germline edits: Trust ethics review process.Julian Savulescu, Chris Gyngell & Thomas Douglas - 2015 - Nature 520.
    Summary: Edward Lanphier and colleagues contend that human germline editing is an unethical technology because it could have unpredictable effects on future generations. In our view, such misgivings do not justify their proposed moratorium.
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  42. 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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  43. 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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  44. 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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  45. 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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  46. 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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  47. 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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  48. 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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  49. It Ain’t Necessarily So: The Misuse of 'Human Nature' in Law and Social Policy and Bankruptcy of the 'Nature-Nurture' Debate.Schwartz Justin - 2012 - Texas Journal of Women and the Law 21:187-239.
    Debate about legal and policy reform has been haunted by a pernicious confusion about human nature, the idea that it is a set of rigid dispositions, today generally conceived as genetic, that is manifested the same way in all circumstances. Opponents of egalitarian alternatives argue that we cannot depart far from the status quo because human nature stands in the way. Advocates of such reforms too often deny the existence of human nature because, sharing this conception, they think it would (...)
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  50. Placebos, Full Disclosure, and Trust: The Risks and Benefits of Disclosing Risks and Benefits.Peter H. Schwartz - 2015 - American Journal of Bioethics 15 (10):13-14.
    Consider the following patient: a 40-year-old man who has had back pain that radiates down his left leg, on and off for 2 months. He performs his normal activities and does not have any “red flag”...
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