Results for 'rules of thumb'

977 found
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  1. The competition for knowledge: Shades of gray and rules of thumb.Luis M. Augusto - 2022 - Journal of Knowledge Structures and Systems 3 (3):50 - 62.
    All research is immersed in the competition for knowledge, but this is not always governed by fairness. In this opinion article, I elaborate on indicators of unfairness to be found in both evaluation guides and evaluation panels, and I spontaneously offer a number of rules of thumb meant to keep it at bay. Although they are explicitly offered to the Portuguese Foundation for Science and Technology (FCT) and in particular to the evaluation panel for Philosophy, Ethics and Religion (...)
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  2. John Rawls: Two Concepts of Rules.Leslie Allan - manuscript
    In his seminal essay, 'Two Concepts of Rules', John Rawls draws a central distinction between justifying a practice and justifying a particular action falling under it. In this review, Leslie Allan walks through Rawls's essay, highlighting his key arguments for a strengthened version of rule utilitarianism and reflecting on the lasting influence of his analysis.
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  3. A Beginner’s Guide to Crossing the Road: Towards an Epistemology of Successful Action in Complex Systems.Ragnar van Der Merwe & Alex Broadbent - 2024 - Interdisciplinary Science Reviews 49 (5):460-475.
    Crossing the road within the traffic system is an example of an action human agents perform successfully day-to-day in complex systems. How do they perform such successful actions given that the behaviour of complex systems is often difficult to predict? The contemporary literature contains two contrasting approaches to the epistemology of complex systems: an analytic and a post-modern approach. We argue that neither approach adequately accounts for how successful action is possible in complex systems. Agents regularly perform successful actions without (...)
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  4. Maximally Consistent Sets of Instances of Naive Comprehension.Luca Incurvati & Julien Murzi - 2017 - Mind 126 (502).
    Paul Horwich (1990) once suggested restricting the T-Schema to the maximally consistent set of its instances. But Vann McGee (1992) proved that there are multiple incompatible such sets, none of which, given minimal assumptions, is recursively axiomatizable. The analogous view for set theory---that Naïve Comprehension should be restricted according to consistency maxims---has recently been defended by Laurence Goldstein (2006; 2013). It can be traced back to W.V.O. Quine(1951), who held that Naïve Comprehension embodies the only really intuitive conception of set (...)
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  5. The epistemic demands of environmental virtue.Jason Kawall - 2009 - Journal of Agricultural and Environmental Ethics 23 (1-2):109-28.
    To lead an environmentally virtuous life requires information—about morality, environmental issues, the impacts of our actions and commitments, our options for alternatives, and so on. On the other hand, we are finite beings with limited time and resources. We cannot feasibly investigate all of our options, and all environmental issues (let alone moral issues, more broadly). In this paper I attempt to provide initial steps towards addressing the epistemic demands of environmental virtue. In the first half of the paper I (...)
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  6. Fast and Frugal Heuristics.Michael A. Bishop - 2006 - Philosophy Compass 1 (2):201–223.
    A heuristic is a rule of thumb. In psychology, heuristics are relatively simple rules for making judgments. A fast heuristic is easy to use and allows one to make judgments quickly. A frugal heuristic relies on a small fraction of the available evidence in making judgments. Typically, fast and frugal heuristics (FFHs) have, or are claimed to have, a further property: They are very reliable, yielding judgments that are about as accurate in the long run as ideal non-fast, (...)
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  7. Utilitarianism, And The Genetic Welfare Of Future Generations: A Reply To Salvi.James Hughes - 1997 - Eubios Journal of Asian and International Bioethics 7 (2):38-39.
    The utilitarian calculators of genetic therapy would do well to reflect again on Mills' liberal democratic rules of thumb: utility will generally be maximized when people are free to make choices, with good information, good instruments of collective action (democracy), and relative equality. My rule of thumb is that if we give future generations genetic choices, they will generally choose health, happiness, intelligence, and longevity, for themselves and their descendants.
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    Kenley R. Dove, Joseph Gauvin, and the “For Us” in Hegel’s Phenomenology.Tal Meir Giladi - 2020 - Hegel-Jahrbuch 2020 (1):605-611.
    In his classic article, “Hegel's Phenomenological Method” (1970), Kenley R. Dove suggests that in chapters 1-3 of the Phenomenology of Spirit, “we” (understood roughly as the readers) actively participate in the dialectic of consciousness. In this paper I show – drawing on Joseph Gauvin's work on the “for us” written the same year as Dove's – that the latter's account regarding the “we” is inexact. I argue that this misunderstanding stems from a quid pro quo between merely stylistic occurrences of (...)
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  9. I Laugh Because it's Absurd: Humor as Error Detection.Chris A. Kramer - 2021 - In Steven Gimbel & Jennifer Marra Henrigillis (eds.), It's Funny 'Cause It's True: The Lighthearted Philosophers Society's Introduction to Philosophy through Humor. pp. 82-93.
    “ A man orders a whole pizza pie for himself and is asked whether he would like it cut into eight or four slices. He responds, ‘Four, I’m on a diet ”’ (Noël Carroll) -/- While not hilarious --so funny that it induces chortling punctuated with outrageous vomiting--this little gem is amusing. We recognize that something has gone wrong. On a first reading it might not compute, something doesn’t quite make sense. Then, aha! , we understand the hapless dieter has (...)
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  10. Mycological rationality: Heuristics, perception and decision-making in mushroom foraging.Roope Oskari Kaaronen - 2020 - Judgment and Decision Making 15 (5):630-647.
    How do mushroom foragers make safe and efficient decisions under high degrees of uncertainty, or deal with the genuine risks of misidentification and poisoning? This article is an inquiry into ecological rationality, heuristics, perception, and decision-making in mushroom foraging. By surveying 894 Finnish mushroom foragers with a total of 22,304 years of foraging experience, this article illustrates how socially learned rules of thumb and heuristics are used in mushroom foraging. It illustrates how traditional foraging cultures have evolved precautionary (...)
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  11. When Explanations "Cause" Error: A Look at Representations and Compressions.Michael Lissack - manuscript
    We depend upon explanation in order to “make sense” out of our world. And, making sense is all the more important when dealing with change. But, what happens if our explanations are wrong? This question is examined with respect to two types of explanatory model. Models based on labels and categories we shall refer to as “representations.” More complex models involving stories, multiple algorithms, rules of thumb, questions, ambiguity we shall refer to as “compressions.” Both compressions and representations (...)
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  12. Flourishing in a Risky World. [REVIEW]Winton Bates - 2021 - The Journal of Ayn Rand Studies 21 (2):240-244.
    The reviewer discusses how Kathleen Touchstone’s book, “Freedom, Eudaemonia, and Risk”, raises the big question of why a person would rationally choose to risk their life, as well as prompting readers to think deeply about other issues including the natural rights of children, the point at which human life begins, the virtue of parenting, rules of thumb for charitable giving, and the bequest motive in risking death. He considers that Touchstone makes an important contribution in explaining the role (...)
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  13. The Rule of Law and Equality.Paul Gowder - 2013 - Law and Philosophy 32 (5):565-618.
    This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.
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  14. Rules of Use.Indrek Reiland - 2023 - Mind and Language 38 (2):566-583.
    In the middle of the 20th century, it was a common Wittgenstein-inspired idea in philosophy that for a linguistic expression to have a meaning is for it to be governed by a rule of use. In other words, it was widely believed that meanings are to be identified with use-conditions. However, as things stand, this idea is widely taken to be vague and mysterious, inconsistent with “truth-conditional semantics”, and subject to the Frege-Geach problem. In this paper I reinvigorate the ideas (...)
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  15. The Rule of Law and the Importance of Procedure.Jeremy Waldron - 2011 - Nomos 50:3-31.
    Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...)
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  16. RULE OF THE GAME OF ORGANIZING YOUTH FOOTBALL PLAYER COMPETITIONS: CAN IMPROVE LEVEL OF ENJOYMENT IN COACHING INTERACTIONS?Louie Gula, Sulistiyono, Sumaryanto & Sigit Nugroho - 2022 - MEDIKORA 21 (2):111-120.
    The level of enjoyment in participating in sports activities is one component that causes young athletes to decide to stop or become more motivated to pursue sports activities. Practicing and participating in competitions are the main activities in sports coaching interactions towards optimal performance. This study aims to determine the effect of modifying the match rules implemented in youth soccer competitions on the level of enjoyment of players. Using an experimental method with 20 soccer schools participating in a competition (...)
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  17. Reforming Rules of Origin in Greater Arab Free Trade Area for Effective Economic Integration.Bashar H. Malkawi - 2017 - Economic Research Policy Forum Brief 29:1-7.
    Free trade agreements are about reducing tariffs, market access in services, protection of intellectual property rights, streamlining customs procedures, trade remedy measures, and dispute settlement mechanism. Equally important if not even more important than these provisions is the designation of rules of origin. Many benefits can be lost if restrictive rules of origin are incorporated. Rules of origin are supposed to be straightforward and easy-to-follow methods used to determine origin of imported goods. The policy question that arises (...)
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  18. On rules of inference and the meanings of logical constants.Panu Raatikainen - 2008 - Analysis 68 (4):282-287.
    In the theory of meaning, it is common to contrast truth-conditional theories of meaning with theories which identify the meaning of an expression with its use. One rather exact version of the somewhat vague use-theoretic picture is the view that the standard rules of inference determine the meanings of logical constants. Often this idea also functions as a paradigm for more general use-theoretic approaches to meaning. In particular, the idea plays a key role in the anti-realist program of Dummett (...)
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  19. Rule of Law transnacional, reglas y acción humana.Julieta A. Rabanos - 2022 - Revus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 47.
    En «What Makes a Transnational Rule of Law? Understanding the Logos and Values of Human Action in Transnational Law», Verónica Rodríguez-Blanco explora la posibilidad –y oportunidad– de la existencia de un Rule of Law (en adelante, ROL) a nivel transnacional. El objetivo de este trabajo es discutir brevemente algunos puntos relativos a diferentes facetas de la propuesta de Rodríguez-Blanco: la pregunta correcta acerca del ROL y su visión particular acerca de la acción humana (sección 2); el tipo de explicación acerca (...)
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  20. Transnational Rule of Law, coercion, and human action.Julieta A. Rabanos - 2022 - Revus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 47.
    In “What Makes a Transnational Rule of Law? Understanding the Logos and Values of Human Action in Transnational Law”, Veronica Rodriguez-Blanco explores the possibility—and opportunity—of the existence of a Rule of Law (from now on, RoL) on a transnational level. The aim of this paper is to briefly discuss some points related to various facets of Rodriguez-Blanco’s proposal: the correct question about the RoL and her particular view of human action (section 2); the type of explanation about rules, standards, (...)
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  21. Law, the Rule of Law, and Goodness-Fixing Kinds.Emad H. Atiq - forthcoming - Engaging Raz: Themes in Normative Philosophy (OUP).
    Laws can be evaluated as better or worse relative to different normative standards. But the standard set by the Rule of Law defines a kind-relative standard of evaluation: features like generality, publicity, and non-retroactivity make the law better as law. This fact about legal evaluation invites a comparison between law and other “goodness-fixing kinds,” where a kind is goodness-fixing if what it is to be a member of the kind fixes a standard for evaluating instances as better or worse. Indeed, (...)
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  22. 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. (...)
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  23. Are Rules of Inference Superfluous? Wittgenstein vs. Frege and Russell.Gilad Nir - 2021 - Teorema: International Journal of Philosophy 40 (2):45-61.
    In Tractatus 5.132 Wittgenstein argues that inferential justification depends solely on the understanding of the premises and conclusion, and is not mediated by any further act. On this basis he argues that Frege’s and Russell’s rules of inference are “senseless” and “superfluous”. This line of argument is puzzling, since it is unclear that there could be any viable account of inference according to which no such mediation takes place. I show that Wittgenstein’s rejection of rules of inference can (...)
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  24. The Rules of Logic Composition for the Bayesian Epistemic e-Values.Wagner Borges & Julio Michael Stern - 2007 - Logic Journal of the IGPL 15 (5-6):401-420.
    In this paper, the relationship between the e-value of a complex hypothesis, H, and those of its constituent elementary hypotheses, Hj, j = 1… k, is analyzed, in the independent setup. The e-value of a hypothesis H, ev, is a Bayesian epistemic, credibility or truth value defined under the Full Bayesian Significance Testing mathematical apparatus. The questions addressed concern the important issue of how the truth value of H, and the truth function of the corresponding FBST structure M, relate to (...)
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  25. The Rule of Law in the United States: An Unfinished Project of Black Liberation.Paul Gowder - 2021 - Bloomsbury Publishing.
    What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? -/- This open access book traces the promise and paradox of the American rule of law in three interwoven ways. -/- It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers (...)
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  26. Republican freedom and the rule of law.Christian List - 2006 - Politics, Philosophy and Economics 5 (2):201-220.
    At the core of republican thought, on Philip Pettit’s account, lies the conception of freedom as non-domination, as opposed to freedom as noninterference in the liberal sense. I revisit the distinction between liberal and republican freedom and argue that republican freedom incorporates a particular rule-of-law requirement, whereas liberal freedom does not. Liberals may also endorse such a requirement, but not as part of their conception of freedom itself. I offer a formal analysis of this rule-of-law requirement and compare liberal and (...)
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  27. The Rule of Law and the Imitation of God in Plato's Laws.Robert A. Ballingall - 2022 - Perspectives on Political Science 51 (4):190-200.
    Scholars interested in the characterology presupposed by constitutional government have occasionally turned to Plato’s Laws, one of the earliest and most penetrating treatments of the subject. Even so, interpreters have neglected a vital tension that the Laws presents as coeval with lawfulness itself. Through a close reading of the dialogue’s opening passages, I argue that the rule of law for Plato is implicated in a certain paradox: it both prohibits and requires the imitation of god. Law cannot safely originate with (...)
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  28. Is the rule of recognition really a duty-imposing rule?Laurenz Ramsauer - 2023 - Journal of Legal Philosophy 48 (2):83-102.
    According to a persistent assumption in legal philosophy, the social rule at the foundation of a legal system (the Rule of Recognition) serves both an epistemic and a duty-imposing function. Thus, some authors have claimed that it would be a formidable problem for legal philosophy to explain how such social rules can impose duties, and some have taken it upon themselves to show how social practices might just do that. However, I argue that this orthodox assumption about the dual (...)
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  29. Three rules of distribution: one counterexample.John Corcoran - 1987 - Journal of Symbolic Logic 52:886-887.
    This self-contained one page paper produces one valid two-premise premise-conclusion argument that is a counterexample to the entire three traditional rules of distribution. These three rules were previously thought to be generally applicable criteria for invalidity of premise-conclusion arguments. No longer can a three-term argument be dismissed as invalid simply on the ground that its middle is undistributed, for example. The following question seems never to have been raised: how does having an undistributed middle show that an argument's (...)
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  30. The Rule of St. Benedict and Modern Liberal Authority.Linda Zagzebski - 2010 - European Journal for Philosophy of Religion 2 (1):65 - 84.
    In this paper I examine the sixth century ’Rule of St. Benedict’, and argue that the authority structure of Benedictine communities as described in that document satisfies well-known principles of authority defended by Joseph Raz. This should lead us to doubt the common assumption that premodern models of authority violate the modern ideal of the autonomy of the self. I suggest that what distinguishes modern liberal authority from Benedictine authority is not the principles that justify it, but rather the first-order (...)
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  31. The Rules of "Goodness": An Essay on Moral Semantics.Paul Bloomfield - 2003 - American Philosophical Quarterly 40 (3):197 - 213.
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  32. Rules of Tajweed the Holy Quran Intelligent Tutoring System.Alaa N. Akkila & Samy S. Abu-Naser - 2018 - International Journal of Academic Pedagogical Research (IJAPR) 2 (3):7-20.
    Undeniably, the greatest way for a Moslem to be closer to Allah, is recitation of Holy-Quran approves with the method conveyed from Messenger of Allah Mohammed from the feature of speech points of letters and the intrinsic and fleeting characteristics of the letters, So, there is a persistent need to teach all Moslems the science of Tajweed Al-Quran. ITS (Intelligent Tutoring System) is computer software that supplies direct and tailored training or response to students without human teacher interfering. The main (...)
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  33. Decolonizing the Rule of Law: Mabo's case and Postcolonial Constitutionalism.Duncan Ivison - 1997 - Oxford Journal of Legal Studies 17 (2):253-280.
    Aboriginal claims for self-government in the Americas and Australasia are distinctive for being less about secession—at least so far—than about demanding an innovative rethinking of the regulative norms and institutions within and between already established nation-states. Recent cases in Australia (and Canada) provide an opportunity to consider the nature of such claims, and some of the theoretical implications for regulative conceptions of sovereignty and the rule of law. A general question informing the entire discussion here is: how do particular conceptions (...)
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  34. Rules of Language and First Person Authority.Martin F. Fricke - 2012 - Polish Journal of Philosophy 6 (2):15-32.
    This paper examines theories of first person authority proposed by Dorit Bar-On (2004), Crispin Wright (1989a) and Sydney Shoemaker (1988). What all three accounts have in common is that they attempt to explain first person authority by reference to the way our language works. Bar-On claims that in our language self-ascriptions of mental states are regarded as expressive of those states; Wright says that in our language such self-ascriptions are treated as true by default; and Shoemaker suggests that they might (...)
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  35. The Rule of Law.E. P. Thompson - 1985 - In Edward P. Thompson (ed.), Whigs and Hunters: The Origin of the Black Act. Breviary Stuff Publications. pp. 202-210.
    Originally published in 1975, this is the concluding section of E.P. Thompson's study of the 18th century English legislation known as "the Black Act." Thompson, a Marxist historian, here embraces and defends the notion of the rule of law, famously calling it "an unqualified human good" (p. 208).
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  36. Following Rules of Nature, not the Pedestrian Muse: Reply to Yamada.Daniel Dohrn - manuscript
    I criticize Yamada's account of rule-following. Yamada's conditions are not necessary. And he misses the deepest level of the rule-following considerations: how meaning rules come about.
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  37. The Undermining Mechanisms of ‘Rule of Law’ Objections: A Response to Song and Bloemraad.Amelia M. Wirts & José Jorge Mendoza - 2022 - The Ethics of Migration Policy Dilemmas Project.
    In their article, “Immigrant legalization: A Dilemma Between Justice and The Rule of Law,” Sarah Song and Irene Bloemraad address rule of law objections to policies that would regularize the status of undocumented immigrants in the United States. On their view, justice requires that liberal democratic states (i.e., states that are committed to individual liberty and universal equality) provide pathways for undocumented immigrants to regularize their status. We do not disagree with Song and Bloemraad’s account: rule of law and regularization (...)
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  38. Of Corruption and Clientelism in Montesquieu, Hume, and Adam Smith in the rule of Law.Eric Schliesser - manuscript
    I frame my argument by way of Hayek's tendency to treat Hume and Smith as central articulations of the rule of law. The rest of the paper explores their defense of clientelism. First, I introduce Hume’s ideas on the utility of patronage in his essay, “Of the Independency of Parliament.” I argue that in Hume clientelism just is a feature of parliamentary business. It seems ineliminable. I then contextualize Hume’s account by comparing it to Montesquieu’s account of this system of (...)
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  39. Rationality as the Rule of Reason.Antti Kauppinen - 2019 - Noûs 55 (3):538-559.
    The demands of rationality are linked both to our subjective normative perspective (given that rationality is a person-level concept) and to objective reasons or favoring relations (given that rationality is non-contingently authoritative for us). In this paper, I propose a new way of reconciling the tension between these two aspects: roughly, what rationality requires of us is having the attitudes that correspond to our take on reasons in the light of our evidence, but only if it is competent. I show (...)
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  40. The Design and Operation of Rules of Origin in Greater Arab Free Trade Area: Challenges of Implementation and Reform.Bashar H. Malkawi - 2019 - Journal of World Trade 53 (2):243–272.
    Rules of origin (ROO) are pivotal element of the Greater Arab Free Trade Area (GAFTA). ROO are basically established to ensure that only eligible products receive preferential tariff treatment. Taking into consideration the profound implications of ROO for enhancing trade flows and facilitating the success of regional integration, this article sheds light on the way that ROO in GAFTA are designed and implemented. Moreover, the article examines the extent to which ROO still represents an obstacle to the full implementation (...)
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  41. Legality of Rule of Law with Chinese Characteristics: A Case of “Ultra-Sinoism”.Ammar Younas - 2020 - Russian Law Journal 8 (4):53-91.
    The legal progression in China is portrayed negatively by western scholars who often argue that the state institutions in China are subordinate to the control of Chinese Communist Party’s leadership which makes these institutions politically insignificant. We consider that the legal progression in China has an instrumental role in achieving “Harmonious Socialist Society.” The purpose of this thesis is to provide an analytical literature review of scholastic work to explain the legality of rule of law in China and to elaborate (...)
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  42. Rule of Law Abolitionism.Benjamin S. Yost - 2008 - Studies in Law, Politics, and Society.
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  43. The Rule of Divine Attributes in History from the Perspective of Nahj al-Balaghah.Religious Thought, Masoumeh Haji Maghsoudi & Mohsen Alviri - 2020 - JOURNAL OF RELIGIOUS THOUGHT 20 (77):79-98.
    Divine Attributes and their reflection in the flowing of history and its stages is one of the most important issues in the theoretical philosophy of history that has attracted the attention of philosophers of history. This issue has become doubly important because it relates to human free will and the extent and manner of his role in history. This article has tried to examine the three attributes: "Lordship", "Knowledge" and "Will" along with a description of the concept of "Fate and (...)
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  44. Axiomatizations with context rules of inference in modal logic.Valentin Goranko - 1998 - Studia Logica 61 (2):179-197.
    A certain type of inference rules in modal logics, generalizing Gabbay's Irreflexivity rule, is introduced and some general completeness results about modal logics axiomatized with such rules are proved.
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  45.  80
    Permanent Crisis Management, the Rule of Law, and Universal Basic Income: A Polycentric Approach.Otto Lehto - 2021 - Cosmos+Taxis 9 (5+6):122-136.
    As a response to the COVID-19 crisis, governments have turned to various discretionary measures such as cash transfers to consumers and businesses with mixed results. Universal Basic Income (UBI) is back on the agenda as well. One of the main advantages of UBI, as scholars like F.A. Hayek, Milton Friedman, and James M. Buchanan have argued, is that it does not depend upon competent and benevolent government discretion—which is often in short supply—but upon pre-established rules. This paper argues that (...)
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  46. (1 other version)How (Not) to Argue for the Rule of Rescue. Claims of Individuals versus Group Solidarity.Marcel Verweij - 2015 - In Gohen Glen, Daniels Norman & Eyal Nir (eds.), Identified versus Statistical Victims. An Interdisciplinary Perspective. Oxford University Press. pp. 137-149.
    The rule of rescue holds that special weight should be given to protecting the lives of assignable individuals in need, implying that less weight is given to considerations of cost-effectiveness. This is sometimes invoked as an argument for funding or reimbursing life-saving treatment in public healthcare even if the costs of such treatment are extreme. At first sight one might assume that an individualist approach to ethics—such as Scanlon’s contractualism—would offer a promising route to justification of the rule of rescue. (...)
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  47. Interpreting the Rules of the Game.C. Mantzavinos - 2007 - In Christoph Engel Firtz Strack (ed.), The Impact of Court Procedure on the Psychology of Judicial Decision-Making. Nomos. pp. 16-30.
    After providing a brief overview of the economic theory of judicial decisions this paper presents an argument for why not only the economic theory of judicial decisions, but also the rational approach in general, most often fails in explaining decision-making. Work done within the research program of New Institutionalism is presented as a possible alternative. Within this research program judicial activity is conceptualized as the activity of "interpreting the rules of the game", i.e. the institutions that frame the economic (...)
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  48. The values and rules of capacity assessments.Binesh Hass - 2022 - Journal of Medical Ethics 48 (11):816-820.
    This article advances two views on the role of evaluative judgment in clinical assessments of decision-making capacity. The first is that it is rationally impossible for such assessments to exclude judgments of the values a patient uses to motivate their decision-making. Predictably, and second, attempting to exclude such judgments sometimes yields outcomes that contain intractable dilemmas that harm patients. These arguments count against the prevailing model of assessment in common law countries—the four abilities model—which is often incorrectly advertised as being (...)
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  49. Introduction: Symposium on Paul Gowder, the rule of law in the real world.Matthew J. Lister - 2018 - St. Louis University Law Journal 62 (2):287-91.
    This is a short introduction to a book symposium on Paul Gowder's recent book, _The Rule of Law in thee Real World_ (Cambridge University Press, 2016). The book symposium will appear in the St. Luis University Law Journal, 62 St. Louis U. L.J., -- (2018), with commentaries on Gowder's book by colleen Murphy, Robin West, Chad Flanders, and Matthew Lister, along with replies by Paul Gowder.
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  50. Scientific fictions as rules of inference.Mauricio Suárez - 2008 - In Mauricio Suárez (ed.), Fictions in Science: Philosophical Essays on Modeling and Idealization. New York: Routledge. pp. 158--178.
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