Results for ' appeal to pernicious precedent'

976 found
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  1.  22
    The Slippery Slope Argument.Govert den Hartogh - 1998 - In Helga Kuhse & Peter Singer, A Companion to Bioethics. Malden, Mass., USA: Wiley-Blackwell. pp. 321–332.
    This chapter contains sections titled: An Example The Paradigmatic Form of the Argument The Appeal to a Pernicious Precedent Slopes of Reason Slopes of Unreason Factual and Moral Plausibility Appearance and Reality References.
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  2.  32
    The Perniciousness of Higher-Order Evidence on Aesthetic Appreciation.David Sackris & Rasmus Rosenberg Larsen - 2023 - Dialogue 62 (2):303-322.
    We demonstrate that many philosophers accept the following claim: When an aesthetic object is apprehended correctly, taking pleasure in said object is a reliable sign that the object is aesthetically successful. We undermine this position by showing that what grounds our pleasurable experience is opaque: In many cases, the experienced pleasure is attributable to factors that have little to do with the aesthetic object. The evidence appealed to is a form of Higher-Order Evidence (HOE) and we consider attempts to overcome (...)
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  3.  20
    Precedent Autonomy and Surrogate Decisionmaking After Severe Brain Injury.Mackenzie Graham - 2020 - Cambridge Quarterly of Healthcare Ethics 29 (4):511-526.
    Patients with disorders of consciousness after severe brain injury need surrogate decision makers to guide treatment decisions on their behalf. Formal guidelines for surrogate decisionmaking generally instruct decision makers to first appeal to a patient’s written advance directive, followed by making a substituted judgment of what the patient would have chosen, and lastly, to make decisions according to what seems to be in the patient’s best medical interests. Substituted judgment is preferable because it is taken to preserve patient autonomy, (...)
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  4.  28
    Practice Precedes Theory: Doing Bioethics “Naturally” Is There an Ethicist in the House?: On the Cutting Edge of Bioethics. [REVIEW]Rosemarie Tong - 2008 - Journal of Medical Humanities 29 (2):133-135.
    Jonathan Moreno argues that a pragmatic approach is the best approach for bioethicists and health care practitioners to use when confronted with difficult ethical problems. There is no one formula to which to appeal in determining which course of action is right or wrong when making decisions about hastening or prolonging life, for example. Instead the best decision that can be expected under the circumstances emerges as the result of a slow process of consensus building, negotiation, and compromise. Decision (...)
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  5.  56
    Abortion: Supreme Court Avoids Disturbing Abortion Precedents by Ruling on Grounds of Remedy – Ayotte v. Planned Parenthood of Northern New England.Nathaniel Law - 2006 - Journal of Law, Medicine and Ethics 34 (2):469-471.
    On January 18, 2006, the United States Supreme Court unanimously held that the constitutional challenge to New Hampshire's Parental Notification Prior to Abortion Act would be remanded to the United States Court of Appeals for the First Circuit, to determine whether the Court of Appeals could, consistent with New Hampshire's legislative intent, formulate a narrower remedy than a permanent injunction against enforcement of the parental notification law in its entirety.In 2003, New Hampshire enacted the Parental Notification Prior to Abortion Act. (...)
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  6. Epistemically Pernicious Groups and the Groupstrapping Problem.Kenneth Boyd - 2018 - Social Epistemology 33 (1):61-73.
    Recently, there has been growing concern that increased partisanship in news sources, as well as new ways in which people acquire information, has led to a proliferation of epistemic bubbles and echo chambers: in the former, one tends to acquire information from a limited range of sources, ones that generally support the kinds of beliefs that one already has, while the latter function in the same way, but possess the additional characteristic that certain beliefs are actively reinforced. Here I argue, (...)
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  7. Do precedents create rules?Grant Lamond - 2005 - Legal Theory 11 (1):1-26.
    This article argues that legal precedents do not create rules, but rather create a special type of reason in favour of a decision in later cases. Precedents are often argued to be analogous to statutes in their law-creating function, but the common law practice of distinguishing is difficult to reconcile with orthodox accounts of the function of rules. Instead, a precedent amounts to a decision on the balance of reasons in the case before the precedent court, and later (...)
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  8. Pernicious logical metaphors.Edwin Coleman - 2010 - Logique Et Analyse 53 (210):185.
    My real position is that logic is a mere sub-branch of rhetoric, but in this paper I only try to show an area of overlap. Certain usages in logical work are metaphorical, and I argue that this has pernicious effects in a discipline assumed strictly literal. Among these pernicious effects are the bizarre and fruitless focus of philosophy of mathematics on the pseudo-problems of foundations and objects. I mostly examine the locution 'logical construction' and a range of associated (...)
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  9. Vertical precedents in formal models of precedential constraint.Gabriel L. Broughton - 2019 - Artificial Intelligence and Law 27 (3):253-307.
    The standard model of precedential constraint holds that a court is equally free to modify a precedent of its own and a precedent of a superior court—overruling aside, it does not differentiate horizontal and vertical precedents. This paper shows that no model can capture the U.S. doctrine of precedent without making that distinction. A precise model is then developed that does just that. This requires situating precedent cases in a formal representation of a hierarchical legal structure, (...)
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  10.  19
    The Pernicious Influence of the Ideal/Nonideal Distinction in Political Philosophy.Shanna K. Slank - unknown
    The notions of “ideal theory” and “nonideal theory” have become widely accepted in political philosophy. Recently, several philosophers’ have urged that ideal theory systematically produces practically irrelevant theories. Such philosophers argue that political philosophy ought move away from ideal theory in order to make the discipline more germane to the unjust real world. Call this tactic of eliminating ideal theory “Strategy.” In this paper, I argue that political philosophy would do well to abandon the ideal/nonideal distinction. Though the use of (...)
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  11. Possibility Precedes Actuality.Tuomas E. Tahko - 2023 - Erkenntnis 88 (8):3583-3603.
    This paper is inspired by and develops on E. J. Lowe’s work, who writes in his book The Possibility of Metaphysics that ‘metaphysical possibility is an inescapable determinant of actuality’ (1998: 9). Metaphysics deals with possibilities – metaphysical possibilities – but is not able to determine what is actual without the help of empirical research. Accordingly, a delimitation of the space of possibilities is required. The resulting – controversial – picture is that we generally need to know whether something is (...)
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  12. Precedent autonomy and subsequent consent.John K. Davis - 2004 - Ethical Theory and Moral Practice 7 (3):267-291.
    Honoring a living will typically involves treating an incompetent patient in accord with preferences she once had, but whose objects she can no longer understand. How do we respect her precedent autonomy by giving her what she used to want? There is a similar problem with subsequent consent: How can we justify interfering with someone''s autonomy on the grounds that she will later consent to the interference, if she refuses now?Both problems arise on the assumption that, to respect someone''s (...)
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  13. The pernicious influence of mathematics upon philosophy.Gian-Carlo Rota - 1991 - Synthese 88 (2):165 - 178.
    We shall argue that the attempt carried out by certain philosophers in this century to parrot the language, the method, and the results of mathematics has harmed philosophy. Such an attempt results from a misunderstanding of both mathematics and philosophy, and has harmed both subjects.
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  14.  24
    Precedent, Rules and the Standard Picture.David Tan - 2016 - Australian Journal of Legal Philosophy 41:81-115.
    In 'The Standard Picture and its Discontents', Mark Greenberg remarks that the typical way that legal theorists think about legal obligations does not sit well with the way the common law works. I argue that Alexander's and Sherwin’s Rule Model of precedent can deal with all the problems that Greenberg accuses the Standard Picture of having. Nonetheless, I further argue that combining the Standard Picture and the Rule Model ultimately leads to another problem: the inability of the Standard Picture (...)
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  15.  72
    Similarity, precedent and argument from analogy.Douglas Walton - 2010 - Artificial Intelligence and Law 18 (3):217-246.
    In this paper, it is shown (1) that there are two schemes for argument from analogy that seem to be competitors but are not, (2) how one of them is based on a distinctive type of similarity premise, (3) how to analyze the notion of similarity using story schemes illustrated by some cases, (4) how arguments from precedent are based on arguments from analogy, and in many instances arguments from classification, and (5) that when similarity is defined by means (...)
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  16.  73
    Precedence, trans* and the decolonial.Daniel Brittany Chávez & Rolando Vázquez - 2017 - Angelaki 22 (2):39-45.
    These words are a collaborative effort to think across different practices of knowing and sensing. They don’t pretend to compose a complete article. They are simply an assemblage that wants to open spaces for dwelling, for connecting, for dissenting. As such it gravitates around the images of Daniel Brittany Chávez’s performance: “Quisieron Enterrarnos … ”, his artist statement and Rolando’s notes on precedence, trans* and the decolonial. In this conversation, we are allies and accomplices in thinking through trans* as a (...)
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  17.  40
    The Pernicious Effects of Compression Plagiarism on Scholarly Argumentation.M. V. Dougherty - 2019 - Argumentation 33 (3):391-412.
    Despite an increased recognition that plagiarism in published research can take many forms, current typologies of plagiarism are far from complete. One under-recognized variety of plagiarism—designated here as compression plagiarism—consists of the distillation of a lengthy scholarly text into a short one, followed by the publication of the short one under a new name with inadequate credit to the original author. In typical cases, compression plagiarism is invisible to unsuspecting readers and immune to anti-plagiarism software. The persistence of uncorrected instances (...)
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  18.  62
    Precedents of the strategic planning process as fundamentals for the achievement of an endogenous sustainable development from the university.Jorge Clímaco Cañarte - 2012 - Humanidades Médicas 12 (3):464-486.
    En el artículo se realizó una revisión de los modelos de planificación estratégica en sentido general, pero que son aplicados en los momentos actuales en el ámbito de las instituciones de educación superior. El modelo globalizador, el cual es el básico en la mayor parte de los ejercicios de planificación; el modelo sectorial, que tiene un importante arraigo en el sector educativo latinoamericano, y el modelo situacional, cuya noción básica consiste en que planificar es una acción de todos los actores. (...)
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  19. Precedent autonomy and personal identity.Michael Quante - 1999 - Kennedy Institute of Ethics Journal 9 (4):365-381.
    : Debates on precedent autonomy and some forms of paternalistic interventions, which are related to questions of personal identity, are analyzed. The discussion is based on the distinction between personal identity as persistence and as biographical identity. It first is shown that categorical objections to advance directives and "Ulysses contracts" are based on false assumptions about personal identity that conflate persistence and biographical identity. Therefore, advance directives and "Ulysses contracts" are ethically acceptable tools for prolonging one's autonomy. The notions (...)
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  20.  93
    Precedent in English Law.Rupert Cross & J. W. Harris - 1968 - Oxford University Press UK.
    This fourth edition of Precedent in English Law presents a basic guide to the current doctrine of precedent in England, set in the wider context of the jurisprudential problems which any treatment of this topic involves. Such problems include the nature of _ratio_ _decidendi_ of a precedentand of its binding force, the significance of precedents alongside other sources of law, their role in legal reasoning, and the account which must be taken of them by any general theory of (...)
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  21. Are generics especially pernicious?Jennifer Saul - 2023 - Inquiry: An Interdisciplinary Journal of Philosophy 66 (9):1689-1706.
    Against recent work by Haslanger and Leslie, I argue that we do not yet have good reason to think that we should single out generics about social groups out as peculiarly destructive, or that we should strive to eradicate them from our usage. Indeed, I suggest they continue to serve a very valuable purpose and we should not rush to condemn them.
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  22.  98
    Pernicious virtual communities: Identity, polarisation and the web 2. [REVIEW]Mitch Parsell - 2008 - Ethics and Information Technology 10 (1):41-56.
    The importance of online social spaces is growing. New Web 2.0 resources allow the creation of social networks by any netizen with minimal technical skills. These communities can be extremely narrowly focussed. In this paper, I identify two potential costs of membership in narrowly focussed virtual communities. First, that narrowly focussed communities can polarise attitudes and prejudices leading to increased social cleavage and division. Second, that they can lead sick individuals to revel in their illness, deliberately indulging in their disease (...)
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  23.  73
    Setting Precedents Without Making Norms?Katharina Stevens - 2020 - Law and Philosophy 39 (6):577-616.
    Some authors argue that the rule-of-law ideal gives judges a prima facie duty to provide a determinate formulation of the precedent’s general norm in all their precedent-opinions. I question that claim. I agree that judges have a duty to decide their cases based on reasons and that they should formulate these reasons in their opinions. I also agree that formulations of general norms should be the goal of common-law development and that judges have a duty to contribute to (...)
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  24.  89
    Precedent, Deontic Logic, and Inheritance.John F. Horty - unknown
    The purpose of this paper is to e»tahlish some connections between precedent-based reasoning as it is studied in the field of Artificial Intelligence and Law, particularly in the work of Ashley, and two other fields: deontic logic and nonmonotonic logic. First, a deontic logic is described that allows lor sensible reasoning in the presence of conflicting norms. Second, a simplified version of Ashley's account of precedent-based reasoning is reformulated within the framework of this deontic logic. Finally, some ideas (...)
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  25.  6
    Precedent-based reasoning with incomplete information for human-in-the-loop decision support.Daphne Odekerken, Floris Bex & Henry Prakken - forthcoming - Artificial Intelligence and Law:1-46.
    We define and study the notions of stability and relevance for precedent-based reasoning, focusing on Horty’s result model of precedential constraint. According to this model, precedents constrain the possible outcomes for a focus case, which is a yet undecided case, where precedents and the focus case are compared on their characteristics (called dimensions). In this paper, we refer to the enforced outcome for the focus case as its justification status. In contrast to earlier work, we do not assume that (...)
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  26. Cholinesterases preceding major tracts in vertebrate neurogenesis.Paul G. Layer - 1990 - Bioessays 12 (9):415-420.
    The role of acetylcholinesterase (AChE) in neurotransmission is well known. But long before synapses are formed in vertebrates, AChE is expressed in young postmitotic neuroblasts that are about to extend the first long tracts. AChE histochemistry can thus be used to map primary steps of brain differentiation. Preceding an possibly inducing AChE in avian brains, the closely related butyrylcholinesterase (BChE) spatially fore-shadows AChE-positive cell areas and the course of their axons. In particular, before spinal motor axons grow, their corresponding rostral (...)
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  27.  34
    Are mental events preceded by their physical causes?Celia Green & Grant Gillett - 1995 - Philosophical Psychology 8 (4):333-340.
    Libet's experiments, supported by a strict one-to-one identity thesis between brain events and mental events, have prompted the conclusion that physical events precede the mental events to which they correspond. We examine this claim and conclude that it is suspect for several reasons. First, there is a dual assumption that an intention is the kind of thing that causes an action and that can be accurately introspected. Second, there is a real problem with the method of timing the mental events (...)
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  28.  17
    Precedent and rest stop convergence in reflective equilibrium.Bert Baumgaertner & Charles Lassiter - 2024 - Synthese 203 (3):1-19.
    The method of reflective equilibrium is typically characterized as a process of two kinds of adjustments: hold fixed one’s current set of commitments/intuitions and adjust rules/principles to account for them, then hold fixed those rules while making adjustments to one’s set of commitments. Repeat until no further adjustments are required. Such characterizations ignore the role of precedent, i.e., information about the commitments and rules of others and how those might serve as guides in one’s own process of deliberation. In (...)
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  29.  66
    Precedent Autonomy: Life-Sustaining Intervention and the Demented Patient.Michael J. Newton - 1999 - Cambridge Quarterly of Healthcare Ethics 8 (2):189-199.
    How aggressively should we pursue life-sustaining treatment of the demented patient? This question becomes increasingly important as our population ages and medical technology offers ever more life-prolongation. In Life'sDominion, Ronald Dworkin addresses the issue in the context of an Alzheimer patient who had previously declared the desire to avoid life-sustaining intervention. Dworkin argues for the primacy of what he calls precedent autonomy: In 1995, the HastingsCenterReport carried thoughtful rebuttals by Daniel Callahan and Rebecca Dresser. Much of Callahan's article is (...)
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  30.  17
    Precedent and Fairness.Adam Perry - 2023 - Legal Theory 29 (3):185-201.
    Courts in common law systems decide cases as they decided like cases in the past—even if they believe they decided those past cases wrongly. What, if anything, justifies this practice? I defend two main claims. The first is that fairness favors treating like cases alike if that means treating them correctly. The second is that, in general, a court is as likely to decide an instant case correctly as it was to decide a previous and like case correctly. Together, these (...)
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  31.  21
    Precedent support for decision-making in energy management.Pleskach B. M. - 2020 - Artificial Intelligence Scientific Journal 25 (2):53-60.
    The article presents an approach to the formation of a decision support system in the management of energy consumption of production technological systems. Such systems allow the company to detect and respond in a timely manner to the appearance of hidden energy losses, to carry out organizational measures aimed at energy saving and to optimize the timing and scope of repair and restoration work. The approach is based on the modeling of stationary sections of energy consumption, presented in the form (...)
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  32.  17
    Precedent.Larry Alexander - 1996 - In Dennis M. Patterson, A Companion to Philosophy of Law and Legal Theory. Blackwell. pp. 493–503.
    This chapter contains sections titled: The Scope of Precedential Constraint The Strength of Precedential Constraint References.
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  33. An Artefactual Theory of Precedent.Kenneth M. Ehrenberg - 2023 - In Timothy Endicott, Hafsteinn Dan Kristjánsson & Sebastian Lewis, Philosophical Foundations of Precedent. Oxford University Press. pp. 268-280. Translated by Timothy Endicott, Hafsteinn Dan Kristjánsson & Sebastian Lewis.
    This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of (...)
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  34.  27
    Philosophical Foundations of Precedent.Timothy Endicott, Hafsteinn Dan Kristjánsson & Sebastian Lewis (eds.) - 2023 - Oxford University Press.
    Philosophical Foundations of Precedent offers a broad, deep, and diverse range of philosophical investigations of the role of precedent in law, adjudication, and morality. The forty chapters present the work of a large and inclusive group of authors which comprises of well-established leaders in the discipline and new voices in legal philosophy. The magnitude of the resulting project is extraordinary, presenting a diverse array of innovative and creative philosophical investigations of the practice of adhering to past decisions, in (...)
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  35.  50
    Greek Precedents for Claudius' Actions in A.D. 48 and later.M. S. Smith - 1963 - Classical Quarterly 13 (01):139-.
    The aim of the following note is to draw attention to certain links between the marriage of Claudius and Agrippina and that of Nero and Octavia. Previous writers have not, so far as I know, dealt fully with the implications of these marriages, especially when they are seen in the light of the Silanus affair of A.D. 48–49. In each case, it will be argued here, Claudius may have been impressed by Greek precedents.
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  36.  92
    Precedent.Grant Lamond - 2007 - Philosophy Compass 2 (5):699–711.
    Precedent is a central feature of legal practice, requiring courts to follow decisions reached in earlier cases, thereby transforming the decisions in individual cases into a source of law. This article examines two major questions associated with precedent: (a) how to characterise the way that precedent operates as a source of law; and (b) how to justify the requirement that courts follow earlier decisions regardless of the merits of those decisions. Precedents are often thought to create general (...)
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  37.  57
    Precedent as a path laid down in walking: Grounding intrinsic normativity in a history of response.Joshua Rust - 2024 - Phenomenology and the Cognitive Sciences 23 (2):435-466.
    While developments of a shared intellectual tradition, the enactivist approach and the organizational account proffer importantly different accounts of organismic normativity. Where enactivists tend to follow Hans Jonas, Andres Weber, and Francisco Varela in grounding intrinsic affordance norms in existential concern, organizational theorists such as Alvaro Moreno, Matteo Mossio, and Leonardo Bich seek a more deflationary account of these normative phenomena. Critiques directed at both of these accounts of organismic normativity motivate the introduction of the precedential account of organismic normativity, (...)
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  38.  55
    The precedence of syntax in the rapid emergence of human language in evolution as defined by the integration hypothesis.Vitor A. Nóbrega & Shigeru Miyagawa - 2015 - Frontiers in Psychology 6:133069.
    Our core hypothesis is that the emergence of human language arose very rapidly from the linking of two pre-adapted systems found elsewhere in the animal world—an expression system, found, for example, in birdsong, and a lexical system, suggestively found in non-human primate calls (Miyagawa et al., 2013, 2014 ). We challenge the view that language has undergone a series of gradual changes—or a single preliminary protolinguistic stage—before achieving its full character. We argue that a full-fledged combinatorial operation Merge triggered the (...)
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  39. Reasoning by Precedent—Between Rules and Analogies.Katharina Stevens - 2018 - Legal Theory 24 (3):216-254.
    This paper investigates the process of reasoning through which a judge determines whether a precedent-case gives her a binding reason to follow in her present-case. I review the objections that have been raised against the two main accounts of reasoning by precedent: the rule-account and the analogy-account. I argue that both accounts can be made viable by amending them to meet the objections. Nonetheless, I believe that there is an argument for preferring accounts that integrate analogical reasoning: any (...)
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  40. Precedent Autonomy, Advance Directives, and End-of-Life Care.John Davis - 2007 - In Bonnie Steinbock, The Oxford handbook of bioethics. New York: Oxford University Press.
    Bioethicists are widely agreed that patients have a right of self-determination over how they are treated. Our duty to respect this is said to be based on the principle of respect for autonomy. In end-of-life care the patient may be incompetent and unable to exercise that right. One solution is to exercise it in advance. Advance directives, which include living wills and powers of attorney for health care, enable people to decide what medical treatment they will receive later, when they (...)
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  41.  26
    Preceding prediction outcome and prediction outcome probability: Interacting determinants of choice reaction time.E. Scott Geller - 1974 - Journal of Experimental Psychology 103 (3):426.
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  42.  34
    Rethinking the Precedent Autonomy, Current Minimal Autonomy, and Current Well-Being in Medical Decisions for Persons with Dementia.Yuanyuan Huang, Yali Cong & Zhifeng Wang - 2022 - Journal of Bioethical Inquiry 19 (1):163-175.
    As patient autonomy expands, a highly controversial issue has emerged. Should the advance directives of refusing life-saving treatments or requesting euthanasia of persons with dementia who express changed minds or are often in a happy state be fulfilled? There are two autonomy-related positions. The mainstream position in philosophical discussions supports the priority of ADs based on precedent autonomy. Buchanan and Brock, and Dworkin represent this view. The other position supports the priority of PWDs’ current wishes based on minimal autonomy (...)
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  43. The ordinary as a precedent for sustainability in architecture.Martina Novakova & Tony Lam - 2015 - In Christopher Crouch, An introduction to sustainability and aesthetics: the arts and design for the environment. Boca Raton, Florida: BrownWalker Press.
     
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  44. The result model of precedent.John F. Horty - 2004 - Legal Theory 10 (1):19-31.
    The result model of precedent holds that a legal precedent controls a fortiori cases—those cases, that is, that are at least as strong for the winning side of the precedent as the precedent case itself. This paper defends the result model against some objections by Larry Alexander, drawing on ideas from the field of Artificial Intelligence and Law in order to define an appropriate strength ordering for cases.
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  45.  21
    Reasoning with inconsistent precedents.Ilaria Canavotto - forthcoming - Artificial Intelligence and Law:1-30.
    Computational models of legal precedent-based reasoning developed in AI and Law are typically based on the simplifying assumption that the background set of precedent cases is consistent. Besides being unrealistic in the legal domain, this assumption is problematic for recent promising applications of these models to the development of explainable AI methods. In this paper I explore a model of legal precedent-based reasoning that, unlike existing models, does not rely on the assumption that the background set of (...)
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  46.  51
    The concept of precedent autonomy.John K. Davies - 2002 - Bioethics 16 (2):114–133.
    Does respect for autonomy imply respect for precedent autonomy? The principle of respect for autonomy requires us to respect a competent patient’s treatment preference, but not everyone agrees that it requires us to respect preferences formed earlier by a now‐incapacitated patient, such as those expressed in an advance directive. The concept of precedent autonomy, which concerns just such preferences, is problematic because it is not clear that we can still attribute to a now‐incapacitated patient a preference which that (...)
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  47.  14
    Telemorphosis: Preceded by Dust Breeding.Jean Baudrillard - 2011 - Univocal Publishing.
    The art of living today has shifted to a continuous state of the experimental. In one of his last texts, Telemorphosis, renowned thinker and anti-philosopher Jean Baudrillard takes on the task of thinking and reflecting on the coming digital media architectures of the social. While “the social” may have never existed, according to Baudrillard, his analysis at the beginning of the twenty-first century of the coming social media–networked cultures cannot be ignored. One need not look far in order to find (...)
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  48.  62
    Formal rationality and its pernicious effects on the social sciences.Harold Kincaid - 2000 - Philosophy of the Social Sciences 30 (1):67-88.
    This article argues that a particular notion of rationality, more exactly a specific notion of legitimate inference, is presupposed by much work in the social sciences to their detriment. The author describes the notion of rationality he has in mind, explains why it is misguided, identifies where and how it affects social research, and illustrates why that research is weaker as a result. The notion of legitimate inference the author has in mind is one that believes inferences are guided by (...)
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  49.  49
    Facial attractiveness impressions precede trustworthiness inferences: lower detection thresholds and faster decision latencies.Aida Gutiérrez-García, David Beltrán & Manuel G. Calvo - 2019 - Cognition and Emotion 33 (2):378-385.
    ABSTRACTPrior research has found a relationship between perceived facial attractiveness and perceived personal trustworthiness. We examined the time course of attractiveness relative to trustworthiness evaluation of emotional and neutral faces. This served to explore whether attractiveness might be used as an easily accessible cue and a quick shortcut for judging trustworthiness. Detection thresholds and judgment latencies as a function of expressive intensity were measured. Significant correlations between attractiveness and trustworthiness consistently held for six emotional expressions at four intensities, and neutral (...)
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  50. Reasons and Precedent.John Horty - unknown
    This paper describes one way in which a precise reason model of precedent could be developed, based on Grant Lamond’s general idea that a later court is constrained to reach a decision that is consistent an earlier court’s assessment of the balance of reasons. The account provided here has the additional advantage of showing how this reason model can be reconciled with the traditional idea that precedential constraint involves rules, as long as these rules are taken to be defeasible.
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