Results for 'application of the norm'

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  1. The Recovery of the Fundamental Hermeneutic Problem: Application and Normativity.David Liakos - 2022 - In Gregory Lynch & Cynthia R. Nielsen (eds.), Gadamer's Truth and Method: A Polyphonic Commentary. Rowman & Littlefield. pp. 165-85.
    This paper is an explication of Gadamer's idea of "application." I argue that the relation between the first and third persons in application contains a viable conception of the normativity of understanding. Application includes a measure for understanding. The thing that is to be understood must be allowed to address me, and such involvement responds to the text’s meaning. While this measure is not expressible in principled rules, application is normatively accountable both to the text’s third-person (...)
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  2. A Simple Realist Account of the Normativity of Concepts.Elisabetta Lalumera - 2005 - Disputatio 1 (19):1-17.
    I argue that a concept is applied correctly when it is applied to the kind of things it is the concept of. Correctness as successful kind-tracking is fulfilling an externally and naturalistically individuated standard. And the normative aspect of concept-application so characterized depends on the relational (non-individualistic) feature of conceptual content. I defend this view against two objections. The first is that norms should provide justifications for action, and the second involves a version of the thesis of indeterminacy of (...)
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  3. Elementy prawnonaturalne w stosowaniu Konstytucji RP [Natural-Law Elements in Application of the Constitution of the Republic of Poland].Marek Piechowiak - 2009 - Przegląd Sejmowy 17 (5 (94)):71-90.
    Recognizing inherent and inalienable nature of dignity and universality of certain values, the Constitution of the Republic of Poland, introduces to the foundations of Polish legal system some elements of natural law which may be used for application of the Basic Law. Constitutional recognition of these elements only makes sense on the assumption of their cognizability. Therefore, as an important element of constitutional concept of natural law is taken the recognition of the argument of cognitivism according to which moral (...)
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  4. The Normativity of Kant's Formula of the Law of Nature.Emilian Mihailov - 2013 - Romanian Journal of Analytic Philosophy (2):57-81.
    Many Kantian scholars have debated what normative guidance the formula of the law of nature provides. There are three ways of understanding the role of FLN in Kant’s ethics. The first line of interpretation claims that FLN and FLU are logically equivalent. The second line claims that there are only subjective differences, meaning that FLN is easier to apply than the abstrct method of FUL. The third line of interpretation claims that there are objective differences between FLN and FUL in (...)
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  5. Helping Others to Understand: A Normative Account of the Speech Act of Explanation.Grzegorz Gaszczyk - 2023 - Topoi 42 (2):385-396.
    This paper offers a normative account of the speech act of explanation with understanding as its norm. The previous accounts of the speech act of explanation rely on the factive notion of understanding and maintain that proper explanations require knowledge. I argue, however, that such accounts are too demanding and do not reflect the everyday practice of explanation and the attribution of understanding. Instead, I argue that the non-factive, objectual attitude of understanding is sufficient for a proper explanation. On (...)
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  6. A Theory of Inquiry for Educational Development: An Application of the Critical Theory of Jurgen Habermas.Gary Milczarek - 1979 - Dissertation, Ohio State University
    There is a fundamental incompatibility between a developmental orientation to education and instrumental and scientistic conceptions of rationality that dominate educational inquiry. An expanded conception of rationality is provided in the critical theory of Jurgen Habermas. This study draws on Habermas' work to present a theory of inquiry that is consistent with a developmental perspective. I distinguish three interdependent realms of experience--the objective world of nature, the intersubjective world of society and the subjective world of each individual. Then, I argue (...)
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  7. Rules of Belief and the Normativity of Intentional Content.Derek Green - 2021 - Acta Analytica 36 (2):159-69.
    Mental content normativists hold that the mind’s conceptual contents are essentially normative. Many hold the view because they think that facts of the form “subject S possesses concept c” imply that S is enjoined by rules concerning the application of c in theoretical judgments. Some opponents independently raise an intuitive objection: even if there are such rules, S’s possession of the concept is not the source of the enjoinment. Hence, these rules do not support mental content normativism. Call this (...)
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  8. The Defence of Belief in Consent: Guidelines and Jury Instructions for Application of Criminal Code Section 265(4).Lucinda Vandervort - 2005 - Criminal Law Quarterly 50 (4):441-452.
    The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...)
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  9. Personality and Authenticity in Light of the Memory-Modifying Potential of Optogenetics: A Reply to Objections about Potential Therapeutic Applicability of Optogenetics.Agnieszka K. Adamczyk & Przemysław Zawadzki - 2021 - American Journal of Bioethics Neuroscience 15 (2):W4-W7.
    In our article (Zawadzki and Adamczyk 2021), we analyzed threats that novel memory modifying interventions may pose in the future. More specifically, we discussed how optogenetics’ potential for reversible erasure/deactivation of memory “may impact authenticity by producing changes at different levels of personality.” Our article has received many thoughtful open peer commentaries for which we would like to express our great appreciation. We have identified two main threads of objections. They are related to the potential applicability of optogenetics as a (...)
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  10. "Only One Obligation": Kant on the Distinction and the Normative Continuity of Ethics and Right.Stefano Bacin - 2016 - Studi Kantiani 29:77-90.
    I suggest that looking at how Kant’s arguments relate to the stand of the discussion on the relationship between right and ethics in his times contributes to a better understanding of his own position in this matter. I contrast the terms of the pre-Kantian debate with Kant’s take on the matter, in order to point out how Kant gains a new perspective concerning the rela- tionship between ethics and right. While the most prominent pre-Kantian view construed right and ethics as (...)
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  11. The Normative/agentive Correspondence. [REVIEW]Ryan Simonelli - 2022 - Journal of Transcendental Philosophy 3 (1):71-101.
    In recent work, Robert Brandom has articulated important connections between the deontic normative statuses of entitlement and commitment and the alethic modal statuses of possibility and necessity. In this paper, I articulate an until now unexplored connection between Brandom’s core normative statuses of entitlement and commitment and the agentive modal statuses of ability and compulsion. These modals have application not only in action, but also in perception and inference, and, in both of these cases, there is a direct mapping (...)
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  12.  91
    Engineering the trust machine. Aligning the concept of trust in the context of blockchain applications.Eva Pöll - 2024 - Ethics and Information Technology 26 (2):1-16.
    Complex technology has become an essential aspect of everyday life. We rely on technology as part of basic infrastructure and repeatedly for tasks throughout the day. Yet, in many cases the relation surpasses mere reliance and evolves to trust in technology. A new, disruptive technology is blockchain. It claims to introduce trustless relationships among its users, aiming to eliminate the need for trust altogether—even being described as “the trust machine”. This paper presents a proposal to adjust the concept of trust (...)
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  13. Absurd Angst and Metaethical Pain: The Externalist Moral Paradigm and its Production of Angst Over the Normative Force of Ultimate Reasons.Pierce Marks - 2020 - Dissertation, Oklahoma State University
    The purpose of this essay will be to set out an analysis of a certain philosophical, metaethical angst, which I call “absurd angst,” defend angsty thinking (to the extent it can be), and offer up hopeful suggestions regarding consolation of this angst. In short, I take absurd angst to be a painful worry that there are no normative, non-instrumental reasons to act. This worry, it seems to me, can only come about under a certain moral conceptual scheme, and I will (...)
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  14. Factualism, Normativism and the Bounds of Normativity.Thomas M. Besch - 2011 - Dialogue 50 (2):347-365.
    The paper argues that applications of the principle that “ought” implies “can” (OIC) depend on normative considerations even if the link between “ought” and “can” is logical in nature. Thus, we should reject a common, “factualist” conception of OIC and endorse weak “normativism”. Even if we use OIC as the rule ““cannot” therefore “not ought””, applying OIC is not a mere matter of facts and logic, as factualists claim, but often draws on “proto-ideals” of moral agency.
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  15. Between Thinking and Acting: Fichte’s Deduction of the Concept of Right.Laurenz Ramsauer - 2023 - Manuscrito 46 (2):156-197.
    Fichte’s ambitious project in the Foundations of Natural Right is to provide an a priori deduction of the concept of right independently from morality. So far, interpretations of Fichte’s deduction of the concept of right have persistently fallen into one of two rough categories: either they (re)interpret the normative necessity of right in terms of moral or quasi-moral normativity or they interpret right’s normative necessity in terms of hypothetical imperatives. However, each of these interpretations faces significant exegetical difficulties. By contrast, (...)
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  16. Just Cause and the Continuous Application of Jus ad Bellum.Uwe Steinhoff - forthcoming - In Larry May May, Shannon Elizabeth Fyfe & Eric Joseph Ritter (eds.), The Cambridge Handbook on Just War Theory. Cambridge University Press.
    What one is ultimately interested in with regard to ‘just cause’ is whether a specific war, actual or potential, is justified. I call this ‘the applied question’. Answering this question requires knowing the empirical facts on the ground. However, an answer to the applied question regarding a specific war requires a prior answer to some more general questions, both descriptive and normative. These questions are: What kind of thing is a ‘just cause’ for war (an aim, an injury or wrong (...)
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  17. The End of the Right to the City: A Radical-Cooperative View.Caleb Althorpe & Martin Horak - 2023 - Urban Affairs Review 59 (1):14-42.
    Is the Right to the City (RTTC) still a useful framework for a transformative urban politics? Given recent scholarly criticism of its real-world applications and appropriations, in this paper, we argue that the transformative promise in the RTTC lies beyond its role as a framework for oppositional struggle, and in its normative ends. Building upon Henri Lefebvre's original writing on the subject, we develop a “radical-cooperative” conception of the RTTC. Such a view, which is grounded in the lived experiences of (...)
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  18. Methodological pluralism, normative naturalism and the realist aim of science.Howard Sankey - 2000 - In Robert Nola & Howard Sankey (eds.), After Popper, Kuhn and Feyerabend: Recent Issues in Theories of Scientific Method. Boston: Kluwer Academic Publishers. pp. 211-229.
    There are two chief tasks which confront the philosophy of scientific method. The first task is to specify the methodology which serves as the objective ground for scientific theory appraisal and acceptance. The second task is to explain how application of this methodology leads to advance toward the aim(s) of science. In other words, the goal of the theory of method is to provide an integrated explanation of both rational scientific theory choice and scientific progress.
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  19. Modelowanie działań i norm w logice deontycznej.Piotr Kulicki & Robert Trypuz - 2013 - In Jerzy Juchnowski & Robert Wiszniowski (eds.), Współczesna teoria i praktyka badań społecznych i humanistycznych. Tom 1. Adam Marszałek.
    In the paper we provide an overview of issues related to the models used in the research on the logic of norms and actions. We present two models of the variability of the world: temporal (acyclic) and atemporal (cyclic). In the first one the past is always clearly defined, and the future is potentially “branched”. The second type of model allows for a return to the situation that took place. Next we describe different approaches towards agency modeling. We present the (...)
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  20. Natural and Unnatural: An Application of Taoist Thought to Bioethics.Michael Cheng-tek Tai - 2004 - Etica E Politica 6 (2):1-9.
    In a society where filial piety is regarded as a social norm, should a son consent to withdrawing treatments to his terminally ill father or should he request that his father’s life be maintained as long as possible? Leaving a father unattended is regarded as unfilial in a Confucian society, let alone untreated while being ill. Although Taoism also teaches filial piety, it asserts artificially as unnatural. In other words in Taoist view, uselessly prolonging a life through life-sustaining devices (...)
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  21. A mathematical theory of truth and an application to the regress problem.S. Heikkilä - forthcoming - Nonlinear Studies 22 (2).
    In this paper a class of languages which are formal enough for mathematical reasoning is introduced. Its languages are called mathematically agreeable. Languages containing a given MA language L, and being sublanguages of L augmented by a monadic predicate, are constructed. A mathematical theory of truth (shortly MTT) is formulated for some of those languages. MTT makes them fully interpreted MA languages which posses their own truth predicates. MTT is shown to conform well with the eight norms formulated for theories (...)
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  22. Levels of explicability for medical artificial intelligence: What do we normatively need and what can we technically reach?Frank Ursin, Felix Lindner, Timo Ropinski, Sabine Salloch & Cristian Timmermann - 2023 - Ethik in der Medizin 35 (2):173-199.
    Definition of the problem The umbrella term “explicability” refers to the reduction of opacity of artificial intelligence (AI) systems. These efforts are challenging for medical AI applications because higher accuracy often comes at the cost of increased opacity. This entails ethical tensions because physicians and patients desire to trace how results are produced without compromising the performance of AI systems. The centrality of explicability within the informed consent process for medical AI systems compels an ethical reflection on the trade-offs. Which (...)
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  23. The ethics of algorithms: key problems and solutions.Andreas Tsamados, Nikita Aggarwal, Josh Cowls, Jessica Morley, Huw Roberts, Mariarosaria Taddeo & Luciano Floridi - 2021 - AI and Society.
    Research on the ethics of algorithms has grown substantially over the past decade. Alongside the exponential development and application of machine learning algorithms, new ethical problems and solutions relating to their ubiquitous use in society have been proposed. This article builds on a review of the ethics of algorithms published in 2016, 2016). The goals are to contribute to the debate on the identification and analysis of the ethical implications of algorithms, to provide an updated analysis of epistemic and (...)
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  24. Can the Knowledge Norm Co‐Opt the Opt Out?Kevin Dorst - 2014 - Thought: A Journal of Philosophy 3 (4):273-282.
    The Knowledge Norm of Assertion claims that it is proper to assert that p only if one knows that p. Though supported by a wide range of evidence, it appears to generate incorrect verdicts when applied to utterances of “I don't know.” Instead of being an objection to KNA, I argue that this linguistic data shows that “I don't know” does not standardly function as a literal assertion about one's epistemic status; rather, it is an indirect speech act that (...)
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  25. Electoral Dioramas: On the Problem of Representation in Voting Advice Applications.Thomas Fossen & Bert van den Brink - 2015 - Representation 51 (3):341-358.
    Voting Advice Applications (VAAs) are online tools designed to help citizens decide how to vote. They typically offer their users a representation of what is at stake in an election by matching user preferences on issues with those of parties or candidates. While the use of VAAs has boomed in recent years in both established and new democracies, this new phenomenon in the electoral landscape has received little attention from political theorists. The current academic debate is focused on epistemic aspects (...)
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  26. Distortions of Normativity.Herlinde Pauer-Studer & J. David Velleman - 2011 - Ethical Theory and Moral Practice 14 (3):329-356.
    We discuss some implications of the Holocaust for moral philosophy. Our thesis is that morality became distorted in the Third Reich at the level of its social articulation. We explore this thesis in application to several front-line perpetrators who maintained false moral self-conceptions. We conclude that more than a priori moral reasoning is required to correct such distortions.
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  27. The Challenges of Artificial Judicial Decision-Making for Liberal Democracy.Christoph Winter - 2022 - In P. Bystranowski, Bartosz Janik & M. Prochnicki (eds.), Judicial Decision-Making: Integrating Empirical and Theoretical Perspectives. Springer Nature. pp. 179-204.
    The application of artificial intelligence (AI) to judicial decision-making has already begun in many jurisdictions around the world. While AI seems to promise greater fairness, access to justice, and legal certainty, issues of discrimination and transparency have emerged and put liberal democratic principles under pressure, most notably in the context of bail decisions. Despite this, there has been no systematic analysis of the risks to liberal democratic values from implementing AI into judicial decision-making. This article sets out to fill (...)
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  28. Justice, Legitimacy, and (Normative) Authority for Political Realists.Enzo Rossi - 2012 - Critical Review of International Social and Political Philosophy 15 (2):149-164.
    One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant approach (...)
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  29. Kyiv in the Global Biblical World: Reflections of KTA Professors From the Second Half of the 19th and Early 20th Centuries.Sergiy Golovashchenko - 2018 - Kyiv-Mohyla Humanities Journal 5:37-59.
    The focus of this article is the global and European experience of the reception, assimilation, and social application of the Bible, reproduced in the works of a number of prominent Kyiv Theological Academy (KTA) representatives from the second half of the 19th and early 20th centuries. The analysis specifically covers the works of professors Stefan Solskyi, Kharysym Orda, Nikolai Drozdov, Afanasii Bulgakov, Mykola Makkaveiskyi, Vasylii Pevnytskyi, Arsenii Tsarevskyi, Volodymyr Rybinskyi, Dmytro Bohdashevskyi, and Aleksandr Glagolev. The author uses the metaphor (...)
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  30. The Moral Significance of our Biological Nature.Hub Zwart - 1994 - Ethical Perspectives 1 (2):71-78.
    In the previous article the hermeneutical approach to ethics was outlined. In my presentation, I would like to illustrate further the methodological consequences of this approach by using two points in contemporary applied ethics. The question is: to what extent is the hermeneutical approach casuistically applicable. We start with the presupposition that the hermeneutical approach does not offer answers to the question of current applied ethics — namely, to the question of what is or is not acceptable in a particular (...)
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  31. The Labour Theory of Property and Marginal Productivity Theory.David Ellerman - 2016 - Economic Thought 5 (1):19.
    After Marx, dissenting economics almost always used 'the labour theory' as a theory of value. This paper develops a modern treatment of the alternative labour theory of property that is essentially the property theoretic application of the juridical principle of responsibility: impute legal responsibility in accordance with who was in fact responsible. To understand descriptively how assets and liabilities are appropriated in normal production, a 'fundamental myth' needs to be cleared away, and then the market mechanism of appropriation can (...)
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  32. Perspectival realism and norms of scientific representation.Quentin Ruyant - 2020 - European Journal for Philosophy of Science 10 (2):1-17.
    Perspectival realism combines two apparently contradictory aspects: the epistemic relativity of perspectives and the mind-independence of realism. This paper examines the prospects for a coherent perspectival realism, taking the literature on scientific representation as a starting point. It is argued that representation involves two types of norms, referred to as norms of relevance and norms of accuracy. Norms of relevance fix the domain of application of a theory and the way it categorises the world, and norms of accuracy give (...)
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  33.  24
    An ontological framework for the implementation of clinical guidelines in health care organizations.Anand Kumar, Barry Smith, Domenico M. Pisanelli, Aldo Gangemi & Mario Stefanelli - 2004 - In Kumar Anand, Smith Barry, Pisanelli Domenico M., Gangemi Aldo & Stefanelli Mario (eds.), Ontologies in Medicine: Proceedings of the Workshop on Medical Ontologies (Rome October 2003), Amsterdam: IOS Press,. IOS Press. pp. 95–107.
    The paper presents the outlines of an ontology of plans and guidelines, which is then used as the basis for a framework for implementing guideline-based systems for the management of workflow in health care organizations. The framework has a number of special features, above all in that it enables us to represent in formal terms assignments of work-items both to individuals and to teams and to tailor guideline to specific contexts of application in health care organizations. It is designed (...)
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  34. The Retrieval of Liberalism in Policing.Luke William Hunt - 2019 - New York, NY, USA: Oxford University Press.
    There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in which (...)
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  35. Fighting Justly: The Russo-Ukrainian War and the Usefulness of Morality.Peter Olsthoorn - 2024 - In Reflections on the Russia-Ukraine War. Leiden: Leiden University Press. pp. 385-395.
    War is almost always conducted with various restrictions in the form of rules, rituals, and taboos. Many of the norms that regulate warfare can be found in the tradition of just war. This tradition seeks to provide a middle ground between an unrealistic (at least for politicians) pacifism that does not even allow war in self-defence and a too realistic realism that claims there is no place for ethics in war. The tradition of just war does not have the force (...)
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  36. A Credibility-Backed Norm for Testimony.Matt Weiner - 2023 - Episteme 20 (1):73-85.
    I propose that testimony is subject to a norm that is backed by a credibility sanction: whenever the norm is violated, it is appropriate for the testifier to lose some credibility for their future testimony. This is one of a family of sanction-based norms, where violation of the norm makes it appropriate to lose some power; in this case, the power to induce belief through testimony. The applicability of the credibility norm to testimony follows from the (...)
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  37. The Ethics of AI Ethics: An Evaluation of Guidelines.Thilo Hagendorff - 2020 - Minds and Machines 30 (1):99-120.
    Current advances in research, development and application of artificial intelligence systems have yielded a far-reaching discourse on AI ethics. In consequence, a number of ethics guidelines have been released in recent years. These guidelines comprise normative principles and recommendations aimed to harness the “disruptive” potentials of new AI technologies. Designed as a semi-systematic evaluation, this paper analyzes and compares 22 guidelines, highlighting overlaps but also omissions. As a result, I give a detailed overview of the field of AI ethics. (...)
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  38. Liberalism and the Construction of Gender (Non-)Normative Bodies and Queer Identities.Karsten Schubert, Ligia Fabris & Holly Patch - 2022 - In Alexandra Scheele, Julia Roth & Heidemarie Winkel (eds.), Global Contestations of Gender Rights. Bielefeld University Press. pp. 269-286.
    The Yogyakarta Principles for the application of human rights to sexual orientation and gender identity define gender identity as “each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body and other expressions of gender, including dress, speech, and mannerisms.” This definition and its acknowledgment within human rights politics is a key step in the fight of trans people for legal protection. (...)
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  39. The ethics of doing human enhancement ethics.Jon Rueda - 2023 - Futures 153:103236.
    Human enhancement is one of the leading research topics in contemporary applied ethics. Interestingly, the widespread attention to the ethical aspects of future enhancement applications has generated misgivings. Are researchers who spend their time investigating the ethics of futuristic human enhancement scenarios acting in an ethically suboptimal manner? Are the methods they use to analyze future technological developments appropriate? Are institutions wasting resources by funding such research? In this article, I address the ethics of doing human enhancement ethics focusing on (...)
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  40.  52
    The Ethical Aspects of Exposome Research: A Systematic Review.Caspar Safarlou, Karin R. Jongsma, Roel Vermeulen & Annelien L. Bredenoord - 2023 - Exposome 3 (1):osad004.
    In recent years, exposome research has been put forward as the next frontier for the study of human health and disease. Exposome research entails the analysis of the totality of environmental exposures and their corresponding biological responses within the human body. Increasingly, this is operationalized by big-data approaches to map the effects of internal as well as external exposures using smart sensors and multiomics technologies. However, the ethical implications of exposome research are still only rarely discussed in the literature. Therefore, (...)
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  41. The Extended Evolutionary Synthesis: a metascientific view of evolutionary biology, and some directions to transcend its limits.Emanuele Serrelli - manuscript
    To approach the issue of the recent proposal of an Extended Evolutionary Synthesis (EES) put forth by Massimo Pigliucci and Gerd Müller, I suggest to consider the EES as a metascientific view: a description of what’s new in how evolutionary biology is carried out, not only a description of recently learned aspects of evolution. Knowing ‘what is it to do research’ in evolutionary biology, today versus yesterday, can aid training, research and career choices, establishment of relationships and collaborations, decision of (...)
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  42. Klauzula limitacyjna a nienaruszalność praw i godności [Limitation Clause and the Inviolability of Rights and Dignity].Marek Piechowiak - 2009 - Przegląd Sejmowy 17 (2 (91)):55-77.
    The author examines the arguments for applicability of the limitation clause which specifies the requirements for limitation of constitutional freedoms and rights (Article 31 para. 3 of the Constitution) to the right to protection of life (Article 38). Even if there is almost a general acceptance of such applicability, this approach does not hold up to criticism based on the rule existing in the Polish legal order that treaty commitments concerning human rights have supremacy over national statutory regulations. Due to (...)
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  43. The Predicament of Moral Epistemology.Sushruth Ravish - 2019 - Journal of the Indian Council of Philosophical Research 36 (2):265-279.
    Moral epistemology (henceforth ME) has been spoken of as a subject matter in its own right by philosophers in the last few decades and yet the delineation of ME as a sub-discipline remains uncharted. Many eminent scholars with rich contributions have not explicitly defined the scope or demarcation of this emerging field. Drawing from their writings, the paper tries to show that philosophers working on ME either conceptualise it as an application of epistemology to moral beliefs or as encompassing (...)
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  44. Straightening the ‘value-laden turn’: minimising the influence of extra-scientific values in science.Philippe Stamenkovic - 2024 - Synthese 203 (20):1-38.
    Straightening the current ‘value-laden turn’ (VLT) in the philosophical literature on values in science, and reviving the legacy of the value-free ideal of science (VFI), this paper argues that the influence of extra-scientific values should be minimised—not excluded—in the core phase of scientific inquiry where claims are accepted or rejected. Noting that the original arguments for the VFI (ensuring the truth of scientific knowledge, respecting the autonomy of science results users, preserving public trust in science) have not been satisfactorily addressed (...)
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  45. Theory-laden model of ethical applications and ethics of euthanasia.Shami Ulla Qurieshi - 2022 - History and Philosophy of Medicine 4 (26):1-5.
    The primary aim of this paper is to critically evaluate the deductive model of ethical applications, which is based on normative ethical theories like deontology and consequentialism, and to show why a number of models have failed to furnish appropriate resolutions to practical moral problems. Here, for the deductive model, I want to call it a “Linear Mechanical Model” because the basic assumption of this model is that if a normative theory is sacrosanct, then the case is as it is. (...)
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  46. Discrecionalidad administrativa.María G. Navarro - 2012 - Eunomía. Revista En Cultura de la Legalidad 3:200-205.
    The administrative discretionary act differs from regulated act because while the latter refers to the simple execution of the law, the former refers to cases where there is some leeway for a further understanding and application of the rule. For example, discretionary is necessary when the law can provide two possible proceedings, none of which is mandatory. It is also necessary when legislation merely indicates its ends, without specifying the means to achieve them. When it is not dissociated from (...)
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  47. On the explanatory power of truth in logic.Gila Sher - 2018 - Philosophical Issues 28 (1):348-373.
    Philosophers are divided on whether the proof- or truth-theoretic approach to logic is more fruitful. The paper demonstrates the considerable explanatory power of a truth-based approach to logic by showing that and how it can provide (i) an explanatory characterization —both semantic and proof-theoretical—of logical inference, (ii) an explanatory criterion for logical constants and operators, (iii) an explanatory account of logic’s role (function) in knowledge, as well as explanations of (iv) the characteristic features of logic —formality, strong modal force, generality, (...)
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  48.  78
    Must the Subaltern Speak Publicly? Public Reason Liberalism and the Ethics of Fighting Severe Injustice.Gabriele Badano & Alasia Nuti - forthcoming - Journal of Politics.
    The victims of severe injustice are allowed to employ disruption and violence to seek political change. This article argues for this conclusion from within Rawlsian political liberalism, which, however, has been criticised for allegedly imposing public reason’s suffocating norms of civility on the oppressed. It develops a novel view of the applicability of public reason in non-ideal circumstances – the “no self-sacrifice view” – that focuses on the excessive costs of following public reason when suffering from severe injustice. On this (...)
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  49. Immigration Law after a Century of Plenary Power: Phantom Constitutional Norms and Statutory Interpretation.Hiroshi Motomura - 1990 - Yale Law Journal 100 (3):545-613.
    The Article addresses itself to immigration law governing the admission and expulsion of aliens, exploring the gap between the "plenary power" doctrine––the notion that Congress and the executive branch have broad and often exclusive authority over immigration decisions––and the actual practice of many federal courts in the immigration field. Federal courts, the author argues, often apply two distinct sets of constitutional norms in immigration cases, one set drawn from immigration law proper and applied directly to constitutional cases, and a second, (...)
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  50. Just Surveillance? Towards a Normative Theory of Surveillance.Kevin Macnish - 2014 - Surveillance and Society 12 (1):142-153.
    Despite recent growth in surveillance capabilities there has been little discussion regarding the ethics of surveillance. Much of the research that has been carried out has tended to lack a coherent structure or fails to address key concerns. I argue that the just war tradition should be used as an ethical framework which is applicable to surveillance, providing the questions which should be asked of any surveillance operation. In this manner, when considering whether to employ surveillance, one should take into (...)
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