Results for 'policy and principle in judicial reasoning'

997 found
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  1. Ronald Dworkin and the Curious Case of the Floodgates Argument.Noam Gur - 2018 - Canadian Journal of Law and Jurisprudence 31 (2):323-345.
    This article juxtaposes a jurisprudential thesis and a practical problem in an attempt to gain critical insight into both. The jurisprudential thesis is Dworkin’s rights thesis. The practical problem revolves around judicial resort to the floodgates argument in civil adjudication (or, more specifically, a version of this argument focused on adjudicative resources, which is dubbed here the FA). The analysis yields three principal observations: (1) Judicial resort to the FA is discordant with the rights thesis. (2) The rights (...)
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  2. Between Reason and Coercion: Ethically Permissible Influence in Health Care and Health Policy Contexts.J. S. Blumenthal-Barby - 2012 - Kennedy Institute of Ethics Journal 22 (4):345-366.
    In bioethics, the predominant categorization of various types of influence has been a tripartite classification of rational persuasion (meaning influence by reason and argument), coercion (meaning influence by irresistible threats—or on a few accounts, offers), and manipulation (meaning everything in between). The standard ethical analysis in bioethics has been that rational persuasion is always permissible, and coercion is almost always impermissible save a few cases such as imminent threat to self or others. However, many forms of influence fall into the (...)
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  3. On the Fundamentals of Law and Public Policy.Kiyoung Kim - 2015 - SSRN.
    We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...)
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  4. Church-State Separation, Healthcare Policy, and Religious Liberty.Robert Audi - 2014 - Journal of Practical Ethics 2 (1).
    This paper sketches a framework for the separation of church and state and, with the framework in view, indicates why a government’s maintaining such separation poses challenges for balancing two major democratic ideals: preserving equality before the law and protecting liberty, including religious liberty. The challenge is particularly complex where healthcare is either provided or regulated by government. The contemporary problem in question here is the contraception coverage requirement in the Obama Administration’s healthcare mandate. Many institutions have mounted legal challenges (...)
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  5. Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in Edmondson, Kindrat and Brown.Lucinda Vandervort - 2012 - In Elizabeth Sheehy (ed.), SEXUAL ASSAULT IN CANADA: LAW, LEGAL PRACTICE & WOMEN'S ACTIVISM,. Ottawa, ON, Canada: Ottawa: University of Ottawa Press. pp. 111-150.
    In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the (...)
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  6.  33
    On the Reason and Emotion in Interpersonal Treatment - A Thinking about the Moral Principles of Treating Non-rational People Reasonably.Xiaoming Yi & Dawei Zhang - 2017 - Qilu Journal 260 (5):56-63.
    Normal interpersonal treatment is often based on the existence of the rational nature of both the agent and the target of the treatment, and their relationship is reciprocal and mutual. However, when the rational person confronts the irrational person, such as the mentally retarded or vegetative person, the reciprocal relationship cannot be maintained because the targeted person loses his or her rational capacity. But this inequality does not deprive the object of action of the right to be treated rationally, because (...)
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  7. The Precautionary Principle: Its Use Within Hard and Soft Law.Rene Von Schomberg - 2012 - European Journal of Risk Regulation 2 (3):147-156.
    The precautionary principle in public decision making concerns situations where following an assessment of the available scientific information, there are reasonable grounds for concern for the possibility of adverse effects on the environment or human health, but scientific uncertainty persists. In such cases provisional risk management measures may be adopted, without having to wait until the reality and seriousness of those adverse effects become fully apparent. This is the definition of the precautionary principle as operationalized under EU law. (...)
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  8. Balancing Acts: Intending Good and Foreseeing Harm -- The Principle of Double Effect in the Law of Negligence.Edward C. Lyons - 2005 - Georgetown Journal of Law and Public Policy 3 (2):453-500.
    In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the (...)
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  9. Principle of Sufficient Reason.Fatema Amijee - 2020 - In Michael J. Raven (ed.), The Routledge Handbook of Metaphysical Grounding. New York: Routledge. pp. 63-75.
    According to the Principle of Sufficient Reason (henceforth ‘PSR’), everything has an explanation or sufficient reason. This paper addresses three questions. First, how continuous is the contemporary notion of grounding with the notion of sufficient reason endorsed by Spinoza, Leibniz, and other rationalists? In particular, does a PSR formulated in terms of ground retain the intuitive pull and power of the PSR endorsed by the rationalists? Second, to what extent can the PSR avoid the formidable traditional objections levelled against (...)
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  10. Kant and the Principle of Sufficient Reason.Huaping Lu-Adler - 2021 - Review of Metaphysics 74:301–30.
    Leibniz, and many following him, saw the Principle of Sufficient Reason (PSR) as pivotal to a scientific (demonstrated) metaphysics. Against this backdrop, Kant is expected to pay close attention to PSR in his reflections on the possibility of metaphysics, which is his chief concern in the Critique of Pure Reason. It is far from clear, however, what has become of PSR in the Critique. On one reading, Kant has simply turned it into the causal principle of the Second (...)
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  11.  65
    Incompatibilism and the Principle of Sufficient Reason in Kant’s Nova Dilucidatio.Aaron Wells - 2022 - Journal of Modern Philosophy 4 (1:3):1-20.
    The consensus is that in his 1755 Nova Dilucidatio, Kant endorsed broadly Leibnizian compatibilism, then switched to a strongly incompatibilist position in the early 1760s. I argue for an alternative, incompatibilist reading of the Nova Dilucidatio. On this reading, actions are partly grounded in indeterministic acts of volition, and partly in prior conative or cognitive motivations. Actions resulting from volitions are determined by volitions, but volitions themselves are not fully determined. This move, which was standard in medieval treatments of free (...)
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  12. Faulty Reasoning About Default Principles in Cosmological Arguments.Graham Oppy - 2004 - Faith and Philosophy 21 (2):242-249.
    Robert Koons claims that my previous critique of his “new” cosmological argument is vitiated by confusion about the nature of defeasible argumentation.In response, I claim that Koons misrepresents—and perhaps misunderstands—the nature of my objections to his “new” cosmological argument. The main claims which I defend are: (1) that the move from a non-defeasible to a defeasible causal principle makes absolutely no difference to the success of the cosmological argument in which it is contained; and (2) that, since it is (...)
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  13. Indefinite Extensibility and the Principle of Sufficient Reason.Geoffrey Hall - 2021 - Philosophical Studies 178 (2):471-492.
    The principle of sufficient reason threatens modal collapse. Some have suggested that by appealing to the indefinite extensibility of contingent truth, the threat is neutralized. This paper argues that this is not so. If the indefinite extensibility of contingent truth is developed in an analogous fashion to the most promising models of the indefinite extensibility of the concept set, plausible principles permit the derivation of modal collapse.
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  14.  76
    Language and Identity Policies in the ‘Glocal’ Age: New Processes, Effects and Principles of Organization.Albert Bastardas-Boada - 2012 - Barcelona, Spain: Generalitat de Catalunya.
    Contact between culturally distinct human groups in the contemporary ‘glocal’ -global and local- world is much greater than at any point in history. The challenge we face is the identification of the most convenient ways to organise the coexistence of different human language groups in order that we might promote their solidarity as members of the same culturally developed biological species. Processes of economic and political integration currently in motion are seeing increasing numbers of people seeking to become polyglots. Thus, (...)
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  15.  66
    Science and the Principle of Sufficient Reason: Du Châtelet Contra Wolff.Aaron Wells - forthcoming - Hopos: The Journal of the International Society for the History of Philosophy of Science.
    I argue that Émilie Du Châtelet breaks with Christian Wolff regarding the scope and epistemological content of the principle of sufficient reason, despite his influence on her basic ontology and their agreement that the principle of sufficient reason has foundational importance. These differences have decisive consequences for the ways in which Du Châtelet and Wolff conceive of science.
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  16.  77
    The Range of Reasons: In Ethics and Epistemology.Daniel Whiting - 2021 - Oxford, UK: Oxford University Press.
    This book contributes to two debates and it does so by bringing them together. The first is a debate in metaethics concerning normative reasons, the considerations that serve to justify a person’s actions and attitudes. The second is a debate in epistemology concerning the norms for belief, the standards that govern a person’s beliefs and by reference to which they are assessed. The book starts by developing and defending a new theory of reasons for action, that is, of practical reasons. (...)
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  17.  42
    Pluralism in Logic: The Square of Opposition, Leibniz'Principle of Sufficient Reason and Markov's Principle.Antonino Drago - 2012 - In J.-Y. Beziau & Dale Jacquette (eds.), Around and Beyond the Square of Opposition. Birkhäuser. pp. 175--189.
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  18. Artificial Reproduction, the 'Welfare Principle', and the Common Good.David Oderberg & J. A. Laing - unknown
    This article challenges the view most recently expounded by Emily Jackson that ‘decisional privacy’ ought to be respected in the realm of artificial reproduction (AR). On this view, it is considered an unjust infringement of individual liberty for the state to interfere with individual or group freedom artificially to produce a child. It is our contention that a proper evaluation of AR and of the relevance of welfare will be sensitive not only to the rights of ‘commissioning parties’ to AR (...)
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  19. Common Sense and First Principles in Sidgwick's Methods*: DAVID O. BRINK.David O. Brink - 1994 - Social Philosophy and Policy 11 (1):179-201.
    What role, if any, should our moral intuitions play in moral epistemology? We make, or are prepared to make, moral judgments about a variety of actual and hypothetical situations. Some of these moral judgments are more informed, reflective, and stable than others ; some we make more confidently than others; and some, though not all, are judgments about which there is substantial consensus. What bearing do our moral judgments have on philosophical ethics and the search for first principles in ethics? (...)
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  20. Social Policy and Cognitive Enhancement: Lessons From Chess.Emilian Mihailov & Julian Savulescu - 2018 - Neuroethics 11 (2):115-127.
    Should the development of pharmacological cognitive enhancers raise worries about doping in cognitively demanding activities? In this paper, we argue against using current evidence relating to enhancement to justify a ban on cognitive enhancers using the example of chess. It is a mistake to assume that enhanced cognitive functioning on psychometric testing is transferable to chess performance because cognitive expertise is highly complex and in large part not merely a function of the sum specific sub-processes. A deeper reason to doubt (...)
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  21. On Some Leibnizian Arguments for the Principle of Sufficient Reason.Stephen Harrop - 2020 - History of Philosophy Quarterly 37 (2):143-162.
    Leibniz often refers to the Principle of Sufficient Reason (PSR) as something like a first principle. In some texts, however, he attempts to give positive arguments in its favor. I examine two such arguments, and find them wanting. The first argument has two defects. First, it is question-begging; and second, when the question-begging step is excised, the principle one can in fact derive is highly counter-intuitive. The second argument is valid, but has the defect of only reaching (...)
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  22. The Principles of Contradiction, Sufficient Reason, and Identity of Indiscernibles.Gonzalo Rodriguez-Pereyra - forthcoming - In Maria Rosa Antognazza (ed.), Oxford Handbook of Leibniz. Oxford University Press.
    Leibniz was a philosopher of principles: the principles of Contradiction, of Sufficient Reason, of Identity of Indiscernibles, of Plenitude, of the Best, and of Continuity are among the most famous Leibnizian principles. In this article I shall focus on the first three principles; I shall discuss various formulations of the principles (sect. 1), what it means for these theses to have the status of principles or axioms in Leibniz’s philosophy (sect. 2), the fundamental character of the Principles of Contradiction and (...)
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  23. Philosophy of Taxation and Tax Exemptions of the Churches in the Ejisu Municipality of Ghana.Alphonsus Beni, Juliet Banoeng-Yakubo & Bernard Oduro-Amankwaah - 2021 - International Journal of Innovative Research and Development 10 (2):1-17.
    In recent years, the practice of tax exemption for churches has become a source of open scrutiny, argument, and controversy on the part of both government and religious leaders. The study attempted to assess the main principles that government base on to impose taxes on its citizenry and to assess the tax exemption status of the churches in Ghana. Exploratory, descriptive and cross-section surveys were used to investigate and discover from respondent’s information on the topic to provide a report on (...)
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  24.  98
    Strong Necessitarianism Vs. Weak Necessitarianism: An Avicennian Defense of The Principle of Sufficient Reason.Hashem Morvarid - manuscript
    One common objection against the Principle of Sufficient Reason is that it leads to a highly counter-intuitive position, namely necessitarianism. In this paper, drawing on Avicenna's modal theory, I make a distinction between two types of necessitarianism: strong necessitarianism and weak necessitarianism. Then I argue that the modal intuition underlying the foregoing objection concerns strong necessitarianism, whereas the Principle of Sufficient Reason leads to weak necessitarianism.
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  25. Between “Research” and “Innovative Therapy”: An Unsettled Moral Dilemma in the Muizelaar Case.Norman Swazo - manuscript
    Introduction In 2013, Dr. J. Muizelaar and Dr. R. Schrot, two neurosurgeons at the University of California Davis Medical Center (UCDMC), were found guilty of research misconduct due to failure to comply with institutional policies as well as Food and Drug Administration (FDA) regulations governing human subjects research. At issue here, however, is the difference between research and innovative therapy in the clinical setting of patient care where clinical judgment is reasonably to be privileged. Methods The UCDMC investigative document is (...)
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  26. Science and Policy in Extremis: The UK’s Initial Response to COVID-19.Jonathan Birch - 2021 - European Journal for Philosophy of Science 11 (3):90.
    Drawing on the SAGE minutes and other documents, I consider the wider lessons for norms of scientific advising that can be learned from the UK’s initial response to coronavirus in the period January-March 2020, when an initial strategy that planned to avoid total suppression of transmission was abruptly replaced by an aggressive suppression strategy. I introduce a distinction between “normatively light advice”, in which no specific policy option is recommended, and “normatively heavy advice” that does make an explicit recommendation. (...)
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  27.  90
    Zero Tolerance Policy for Autonomous Weapons: Why?Birgitta Dresp-Langley - manuscript
    A brief overview of Autonomous Weapon Systems (AWS) and their different levels of autonomy is provided, followed by a discussion of the risks represented by these systems under the light of the just war principles and insights from research in cybersecurity. Technological progress has brought about the emergence of machines that have the capacity to take human lives without human control. These represent an unprecedented threat to humankind. This commentary starts from the example of chemical weapons, now banned worldwide by (...)
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  28.  60
    Antipaternalism as a Filter on Reasons.Kalle Grill - 2015 - In Thomas Schramme (ed.), New Perspectives on Paternalism and Health Care. Springer Verlag.
    I first distinguish four types of objection to paternalism and argue that only one – the principled objection – amounts to a substantive and distinct normative doctrine. I then argue that this doctrine should be understood as preventing certain facts from playing the role of reasons they would otherwise play. I explain how this filter approach makes antipaternalism independent of several philosophical controversies: On the role reasons play, on what reasons there are, and on how reasons are related to values. (...)
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  29.  66
    "In Abundance of Counsellors There Is Victory": Reasoning About Public Policy From a Religious Worldview.Katherine Dormandy - 2020 - In Peter Jonkers Wiertz & Oliver J. (eds.), Religious Truth and Identity in an Age of Plurality. New York City, New York, Vereinigte Staaten: pp. 162-181.
    Some religious communities argue that public policy is best decided by their own members, on the grounds that collaborating with those reasoning from secular or “worldly” perspectives will only foment error about how society should be run. But I argue that epistemology instead recommends fostering disagreement among a plurality of religious and secular worldviews. Inter-worldview disagreement over public policy can challenge our unquestioned assumptions, deliver evidence we would likely have missed, and expose us to new epistemic alternatives; (...)
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  30. Public Policy and Governance: Some Thoughts on Its Elements.Kiyoung Kim - 2015 - SSRN.
    As the word demos denotes, the democracy is generally considered as the rule or governance based on the general base of people in which monarchy or oligarchy form is excluded. We have a classical view about the four forms of government, which was proposed by Platonic concepts. Most idealistic form of government, in his prongs, could be found in Crete and Sparta, which was nevertheless not a democratic form. His accolade of these two nations, which, of course, would be a (...)
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  31. Reason, ideas and their functions in classical German philosophy [in Russian] | Разум, идеи и их функции в классической немецкой философии.Michael Lewin - 2020 - Vestnik of Saint Petersburg University. Philosophy and Conflict Studies 36 (1):4-23.
    Over the last two decades there has been a growing interest in the transcendental dialectic of Critique of Pure Reason in Germany. Authors, however, often do not pay enough attention to the fact that Kant’s theory of reason (in the narrow sense) and the concept of ideas derived from it is not limited to this text. The purpose of this article is to compare and analyze the functionality of mind as a subjective ability developed by Kant and Fichte with the (...)
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  32. Alexander Baumgarten on the Principle of Sufficient Reason.Courtney D. Fugate - 2014 - Philosophica -- Revista Do Departamento de Filosofia da Faculdade de Letras de Lisboa 44.
    This paper defends the Principle of Sufficient Reason, taking Baumgarten as its guide. The primary aim is not to vindicate the principle, but rather to explore the kinds of resources Baumgarten originally thought sufficient to justify the PSR against its early opponents. The paper also considers Baumgarten's possible responses to Kant's pre-Critical objections to the proof of the PSR. The paper finds that Baumgarten possesses reasonable responses to all these objections. While the paper notes that in the absence (...)
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  33. Designing AI for Explainability and Verifiability: A Value Sensitive Design Approach to Avoid Artificial Stupidity in Autonomous Vehicles.Steven Umbrello & Roman Yampolskiy - 2022 - International Journal of Social Robotics 14 (2):313-322.
    One of the primary, if not most critical, difficulties in the design and implementation of autonomous systems is the black-boxed nature of the decision-making structures and logical pathways. How human values are embodied and actualised in situ may ultimately prove to be harmful if not outright recalcitrant. For this reason, the values of stakeholders become of particular significance given the risks posed by opaque structures of intelligent agents (IAs). This paper explores how decision matrix algorithms, via the belief-desire-intention model for (...)
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  34.  82
    Epistemic Modals in Hypothetical Reasoning.Maria Aloni, Luca Incurvati & Julian J. Schlöder - forthcoming - Erkenntnis:1-31.
    Data involving epistemic modals suggest that some classically valid argument forms, such as reductio, are invalid in natural language reasoning as they lead to modal collapses. We adduce further data showing that the classical argument forms governing the existential quantifier are similarly defective, as they lead to a de re–de dicto collapse. We observe a similar problem for disjunction. But if the classical argument forms for negation, disjunction and existential quantification are invalid, what are the correct forms that govern (...)
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  35. The Principle of Autonomy in Kant's Moral Theory: Its Rise and Fall.Pauline Kleingeld - 2018 - In Eric Watkins (ed.), Kant on Persons and Agency. Cambridge: Cambridge University Press. pp. 61-79.
    In this essay, “The Principle of Autonomy in Kant’s Moral Theory: Its Rise and Fall,” Pauline Kleingeld notes that Kant’s Principle of Autonomy, which played a central role in both the Groundwork for the Metaphysics of Morals and the Critique of Practical Reason, disappeared by the time of the Metaphysics of Morals. She argues that its disappearance is due to significant changes in Kant’s political philosophy. The Principle of Autonomy states that one ought to act as if (...)
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  36.  87
    The First Principle in the Later Fichte The (Not) “Surprising Insight” in the 15th Lecture 1804/II.Michael Lewin - forthcoming - Conference Proceeding NAFS.
    How surprising is the insight, that being equals I in the 15th lecture of the Doctrine of Science 1804/II? It might have been indeed an unexpected turn for his contemporaries in Berlin listening to Fichte for the first time, but should it be surprising for us, having at least since 2012 (the year the last volume of [Gesamtausgabe] appeared) access to all his published and unpublished works? I want to propose a way of reading Fichte, which bypasses two popular and (...)
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  37.  80
    Following the Science: Pandemic Policy Making and Reasonable Worst-Case Scenarios.Richard Bradley & Joe Roussos - 2021 - LSE Public Policy Review 1 (4):6.
    The UK has been ‘following the science’ in response to the COVID-19 pandemic in line with the national framework for the use of scientific advice in assessment of risk. We argue that the way in which it does so is unsatisfactory in two important respects. Firstly, pandemic policy making is not based on a comprehensive assessment of policy impacts. And secondly, the focus on reasonable worst-case scenarios as a way of managing uncertainty results in a loss of decision-relevant (...)
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  38. Suicidal Utopian Delusions in the 21st Century: Philosophy, Human Nature and the Collapse of Civilization-- Articles and Reviews 2006-2017 2nd Edition Feb 2018.Michael Starks - 2016 - Las Vegas, USA: Reality Press.
    This collection of articles was written over the last 10 years and edited to bring them up to date (2019). All the articles are about human behavior (as are all articles by anyone about anything), and so about the limitations of having a recent monkey ancestry (8 million years or much less depending on viewpoint) and manifest words and deeds within the framework of our innate psychology as presented in the table of intentionality. As famous evolutionist Richard Leakey says, it (...)
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  39. Allergies And Asthma: Employing Principles Of Social Justice As A Guide In Public Health Policy Development.Jason Behrmann - 2010 - Les ateliers de l'éthique/The Ethics Forum 5 (1):119-130.
    The growing epidemic of allergy and allergy-induced asthma poses a significant challenge to population health. This article, written for a target audience of policy-makers in public health, aims to contribute to the development of policies to counter allergy morbidities by demonstrating how principles of social justice can guide public health initiatives in reducing allergy and asthma triggers. Following a discussion of why theories of social justice have utility in analyzing allergy, a step-wise policy assessment protocol formulated on Rawlsian (...)
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  40. Reproductive Choice: Screening Policy and Access to the Means of Reproduction.Lucinda Vandervort - 2006 - Human Rights Quarterly 28 (2):438-464.
    The practice of screening potential users of reproductive services is of profound social and political significance. Access screening is inconsistent with the principles of equality and self-determination, and violates individual and group human rights. Communities that strive to function in accord with those principles should not permit access screening, even screening that purports to be a benign exercise of professional discretion. Because reproductive choice is controversial, regulation by law may be required in most jurisdictions to provide effective protection for reproductive (...)
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  41.  54
    The Separation of Powers Principle: Is It a Lynchpin or Pushpin for the Voyage of American Public?Kiyoung Kim - 2014 - International Journal of Advanced Research 8 (2):887-895.
    The separation of powers principle deeply heritaged in the US constitutionalism affected and continues to influence the law and public policy in the nation. The tripartite scheme of government was quarreled over the history how we have to perceive any best adequate interaction among the Congress, Executive and Judiciary. The Constitution itself merely quibbles on this point, and the Supreme Court justices, in some cases, would not be done as a clear cut for the scope of constitutional power (...)
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  42. Conceptualizing Policy in Value Sensitive Design: A Machine Ethics Approach.Steven Umbrello - 2021 - In Steven John Thompson (ed.), Machine Law, Ethics, and Morality in the Age of Artificial Intelligence. Hershey, PA, USA: pp. 108-125.
    The value sensitive design (VSD) approach to designing transformative technologies for human values is taken as the object of study in this chapter. VSD has traditionally been conceptualized as another type of technology or instrumentally as a tool. The various parts of VSD’s principled approach would then aim to discern the various policy requirements that any given technological artifact under consideration would implicate. Yet, little to no consideration has been given to how laws, regulations, policies and social norms engage (...)
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  43. Philosophy in Classical India: Proper Work of Reason.Jonardon Ganeri - 2001 - Routledge.
    Original in content and approach, Philosophy in Classical India focuses on the rational principles of Indian philosophical theory, rather than the mysticism usually associated with it. Ganeri explores the philosophical projects of a number of major Indian philosophers and looks into the methods of rational inquiry deployed within these projects. In so doing, he illuminates a network of mutual reference and criticism, influence and response, in which reason is simultaneously used constructively and to call itself into question.
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  44.  26
    Legal Formalism, Legal Realism, and the Interpretation of Statutes and the Constitution.Richard Posner - 1986 - Case Western Reserve Law Review 37 (2):179–217.
    A current focus of legal debate is the proper role of the courts in the interpretation of statutes and the Constitution. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as legal formalists had purported to do? Or may the inquiry into meaning be informed by perhaps unbridled and unaccountable judicial notions of public policy, using legal realism to best promote the general welfare? Judge Posner considers (...)
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  45.  63
    Type Distinctions of Reason and Hume’s Separability Principle.Hsueh Qu - 2020 - British Journal for the History of Philosophy 28 (1):90-111.
    Commentators such as Kemp Smith (1941), Mendelbaum (1974), and Bricke (1980) have taken the distinctions of reason to pose either a counterexample to or a limitation of scope on the Separability Principle. This has been convincingly addressed by various accounts such as Garrett (1997), Hoffman (2011), and Baxter (2011). However, I argue in this paper that there are two notions of ‘distinction of reason’, one between particular instantiations (token distinctions of reason) and one between general ideas (type distinctions of (...)
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  46. Conceptual and Terminological Confusion Around Personalised Medicine: A Coping Strategy.Giovanni De Grandis & Vidar Halgunset - 2016 - BMC Medical Ethics 17 (1):1-12.
    The idea of personalised medicine (PM) has gathered momentum recently, attracting funding and generating hopes as well as scepticism. As PM gives rise to differing interpretations, there have been several attempts to clarify the concept. In an influential paper published in this journal, Schleidgen and colleagues have proposed a precise and narrow definition of PM on the basis of a systematic literature review. Given that their conclusion is at odds with those of other recent attempts to understand PM, we consider (...)
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  47. Value and Law in Kant’s Moral Theory. [REVIEW]Andrews Reath - 2003 - Ethics 114 (1):127-155.
    Paul Guyer’s Kant on Freedom, Law, and Happiness is a collection of essays written over a period of ten years on the roles of freedom, reason, law, and happiness in Kant’s practical philosophy. The centrality of these concepts has always been acknowledged, but Guyer proposes a different way to understand their interconnections. Kant extols respect for moral law and conformity to moral principle for its own sake while at the same time celebrating the value of human freedom and autonomy. (...)
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  48.  15
    Technocracy in Science and Technology Policy.Alireza Mansouri - 2016 - Persian Journal on Strategy for Culture 9 (34):25-43.
    Development in all of its stages, from organizing the vision and strategy to implementing plans, requires policy-making. We show that the division of labor and specialization of sciences and some philosophical doctrines cause the emergence of technocracy in policies. Technocracy makes development not happen in the direction of public welfare. For this reason, for sustainable development, we need institutions, strategies, and philosophical contexts that provide a democratic ground for the possibility of criticizing and reforming policies.
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  49. Values and Credibility in Science Communication.Janet Michaud & John Turri - 2018 - Logos and Episteme 9 (2):199-214.
    Understanding science requires appreciating the values it presupposes and its social context. Both the values that scientists hold and their social context can affect scientific communication. Philosophers of science have recently begun studying scientific communication, especially as it relates to public policy. Some have proposed “guiding principles for communicating scientific findings” to promote trust and objectivity. This paper contributes to this line of research in a novel way using behavioural experimentation. We report results from three experiments testing judgments about (...)
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  50.  23
    Towards Pedagogy Supporting Ethics in Analysis.Marie Oldfield - forthcoming - Journal of Humanistic Mathematics.
    Over the past few years we have seen an increasing number of legal proceedings related to inappropriately implemented technology. At the same time career paths have diverged from the foundation of statistics out to Data Scientist, Machine Learning and AI. All of these new branches being fundamentally branches of statistics and mathematics. This has meant that formal training has struggled to keep up with what is required in the plethora of new roles. Mathematics as a taught subject is still based (...)
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