Results for 'Foundations Of Law'

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  1. Mentoring for Neuroscience and Society Careers: Lessons Learned from the Dana Foundation Career Network in Neuroscience & Society.Dana Foundation Career Network in Neuroscience & Society, Craig W. McFarland, Makenna E. Law, Ivan E. Ramirez, Emily Rodriguez, Ithika S. Senthilnathan, Adam P. Steiner, Kelisha M. Williams & Francis X. Shen - forthcoming - American Journal of Bioethics Neuroscience.
    With the growth of neuroscience research, new neuroscience and society (NeuroX) fields like neuroethics, neurolaw, neuroarchitecture, neuroeconomics, and many more have emerged. In this article we report on lessons learned about mentoring students in the interdisciplinary space of neuroscience and society. We draw on our experiences with the recently launched Dana Foundation Career Network in Neuroscience & Society. This resource supports educators and practitioners mentoring students aiming to apply neuroscience in diverse fields beyond medicine and biomedical science. Through our programming, (...)
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  2. Foundations. The law, the prophets and the gospel.Wilfrid J. Harrington - 2009 - In Enda McDonagh & Vincent MacNamara, An Irish reader in moral theology: the legacy of the last fifty years. Dublin: Columba Press.
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  3.  10
    Legal Solutions in Health Reform.Robert Wood Johnson Foundation - 2009 - Journal of Law, Medicine and Ethics 37 (s2):5-6.
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  4. pt. 1. Thomistic foundations : natural law theory, synderesis and practical reason. Human nature and its limits / Christopher Tollefsen ; Synderesis, law, and virtue / Angela McKay ; Human nature and moral goodness / Patrick Lee ; Natural law for teaching ethics : an essential tool and not a seamless web. [REVIEW]Jack Green Musselman - 2009 - In Mark J. Cherry, The normativity of the natural: human goods, human virtues, and human flourishing. [Dordrecht]: Springer.
     
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  5.  28
    Vulnerability: reflections on a new ethical foundation for law and politics.Martha Fineman & Anna Grear (eds.) - 2013 - Burlington, VT: Ashgate.
    Martha Albertson Fineman's earlier work developed a theory of inevitable and derivative dependencies as a way of problematizing the core assumptions underlying the 'autonomous' subject of liberal law and politics in the context of US equality discourse. Her 'vulnerability thesis' represents the evolution of that earlier work and situates human vulnerability as a critical heuristic for exploring alternative legal and political foundations. This book draws together major British and American scholars who present different perspectives on the concept of vulnerability (...)
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  6.  9
    Foundational texts in modern criminal law.Markus Dirk Dubber (ed.) - 2014 - Oxford, United Kingdom: Oxford University Press.
    Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: (...)
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  7. Troubled Foundations for Private Law.Stephen Smith - 2008 - Canadian Journal of Law and Jurisprudence 21 (2):459-476.
    In The Foundations of Private Law James Gordley argues that the modern private law in common and civil law jurisdictions is best explained on the basis of a neo-Aristotelian theory first developed by a group of 16th century Spanish thinkers known as the ‘late scholastics’. The concepts of distributive and commutative justice that, according to Gordley, lay at core of the scholastics’ theory and that explain, respectively, modern property law and the law of obligations , though ignored and disparaged (...)
     
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  8. A personalist foundation for natural law and human rights.Josef Seifert - 2022 - In Tom P. S. Angier, Iain T. Benson & Mark Retter, The Cambridge handbook of natural law and human rights. New York, NY: Cambridge University Press.
     
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  9.  16
    Ultimate Normative Foundations: The Case for Aquinas's Personalist Natural Law.Rose Mary Hayden Lemmons - 2011 - Lexington Books.
    Ultimate Normative Foundations: The Case for Personalist Natural Law Across the Globe explores the indefeasibility and universality of certain moral obligations and proscriptions. Rose Mary Hayden Lemmons defends the personalist natural law formulated by Aquinas as a normative foundation that is able to both meet those objections and specify interpersonal obligations as well as juridical obligations concerning inalienable rights, religious liberty, and Just War theory. Academics concerned with philosophy, theology, or law will find this book indispensable.
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  10.  10
    Ethics and law for neurosciences clinicians: foundations and evolving challenges.James E. Szalados - 2019 - New Brunswick: Rutgers University Press.
    Morality, ethics, and the law : an overview of the foundations of contemporary clinical ethical analysis -- Case studies : ethical and legal challenges in the care of the neurologically injured critically ill patient -- Civil law and liability : the law of medical malpractice -- Legal reasoning, legal process, legal proof, and why it is confusing to clinician scientists -- Regulatory law and the clinical practice of the neurosciences -- Digital medicine and the data revolution managing digital distraction (...)
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  11. A personalist foundation for natural law and human rights.Josef Seifert - 2022 - In Tom P. S. Angier, Iain T. Benson & Mark Retter, The Cambridge handbook of natural law and human rights. New York, NY: Cambridge University Press.
     
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  12.  38
    Justifying law: the debate over foundations, goals, and methods.Raymond A. Belliotti - 1992 - Philadelphia: Temple University Press.
    Author note: Raymond A. Belliotti is Professor of Philosophy at State University of New York at Fredonia.
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  13.  50
    Foundations and frontiers in European bioethics.Hans-Martin Sass - 2003 - Medicine, Health Care and Philosophy 6 (2):167-170.
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  14.  11
    Early Foundations.Gerald J. Postema - 2012 - In Andrei Marmor, The Routledge Companion to Philosophy of Law. New York , NY: Routledge.
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  15.  16
    Does natural law have non-normative foundations?Ian Gold - 2002 - Sophia 41 (1):1-17.
    This paper addresses one aspect of the natural law theory of Germain Grisez. According to Grisez, practical reason identifies the goods of human life prior to the invocation of any moral or normative notions. It can thus provide a non-normative foundation for moral theory. I present Grisez’s position and argue that the apparently non-normative aspect of natural law cannot support the moral position built upon it. I argue, in particular, that practical principles, as Grisez understands them, are best understood as (...)
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  16. Philosophical Foundations for Complementary Protection.Matthew J. Lister - 2019 - In David Miller & Christine Straehle, The Political Philosophy of Refuge. Cambridge University Press. pp. 211-231.
    A Significant percentage of the people outside their country of citizenship or residence who are unable to meet their basic needs on their own, and need international protection, do not fall under the definition set out in the UN Refugee Convention. This has led many - both academic commentators and activists - to call for a new, expanded refugee definition, preferably backed up by a new, binding, international convention. In earlier work I have resisted this call, arguing that there is (...)
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  17. Theoretical foundations for human rights.Vittorio Bufacchi - unknown
    This article explores an alternative to the established dichotomy between philosophical accounts of human rights, characterized by a foundationalist tendency, and political accounts of human rights, which aspire to be non-foundationalist. I argue that in order to justify human rights practice, political accounts of human rights cannot do without the support of theoretical foundations, although not necessarily of the natural-law variety. As an alternative to natural-law metaphysics, a deflationary theory of human rights, based on a deflationary account of truth, (...)
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  18. Gender Justice Without Foundations.Marion Smiley - 1991 - Michigan Law Review 89 (6):1574-1590.
    This article addresses the possibility of developing a critical feminist philosophy outside the bounds of foundational thinking.
     
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  19. Resisting foundations: Politics between determinate negation and the ultimate double bind.Nicolas Schneider - forthcoming - Philosophy and Social Criticism.
    This article develops a critique of the post-foundationalist conception of politics put forward by Oliver Marchart. Confronting the depoliticizations that follow from both the foundationalist insistence on transhistorical foundations and the anti-foundationalist rejection of all foundations as fictions, post-foundationalism casts resistance as determinate negation of concrete political institutions rather than as opposition to phantasmatic totalities. I argue that this precludes the possibility to consider phantasmatic referents (be they divine right, natural law, the nation or the demos) as neither (...)
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  20.  48
    Foundations for Flow: A Philosophical Model for Studio Instruction.Krista Riggs - 2006 - Philosophy of Music Education Review 14 (2):175-191.
    In lieu of an abstract, here is a brief excerpt of the content:Foundations For Flow:A Philosophical Model For Studio InstructionKrista RiggsThe need for a new approach to studio instruction becomes evident when the current state of the profession and the effects of typical teaching methods are considered. In a profession with relatively little demand for a large supply of candidates for professional employment, realistically very few undergraduate music performance majors will achieve success as either orchestral players or as soloists. (...)
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  21. Foundation for a Natural Right to Health Care.Jason T. Eberl, Eleanor K. Kinney & Matthew J. Williams - 2011 - Journal of Medicine and Philosophy 36 (6):537-557.
    Discussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the UN Universal Declaration of Human Rights. The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies designed to enshrine (...)
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  22. A neurological foundation for freedom.Nita A. Farahany - 2016 - In Dennis Michael Patterson & Michael S. Pardo, Philosophical Foundations of Law and Neuroscience. Oxford, United Kingdom: Oxford University Press UK.
     
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  23. Allen Buchanan, Justice, Legitimacy and Self-Determination. Moral Foundations for International Law.Urška Mavrič - 2008 - Croatian Journal of Philosophy 23:285-288.
     
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  24. Celebrating Canberra's centenary: The act law society foundation.Larry King - 2013 - Ethos: Official Publication of the Law Society of the Australian Capital Territory 227:8.
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  25.  22
    Is there a foundation in South African legislation to require students to disclose their academic status to patients when involved in their care?Matty Van Niekerk, Ames Dhai & Yolande Guidozzi - 2014 - South African Journal of Bioethics and Law 7 (1):9.
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  26.  37
    Coordination Dynamics: A Foundation for Understanding Social Behavior.Emmanuelle Tognoli, Mengsen Zhang, Armin Fuchs, Christopher Beetle & J. A. Scott Kelso - 2020 - Frontiers in Human Neuroscience 14:531499.
    Humans’ interactions with each other or with socially competent machines exhibit lawful coordination patterns at multiple levels of description. According to Coordination Dynamics, such laws specify the flow of coordination states produced by functional synergies of elements (e.g., cells, body parts, brain areas, people…) that are temporarily organized as single, coherent units. These coordinative structures or synergies may be mathematically characterized as informationally coupled self-organizing dynamical systems (Coordination Dynamics). In this paper, we start from a simple foundation, an elemental model (...)
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  27. What is 'normal'? An evolution-theoretic foundation for normic laws and their relation to statistical normality.Gerhard Schurz - 2001 - Philosophy of Science 68 (4):476-497.
    Normic laws have the form "if A, then normally B." They are omnipresent in everyday life and non-physical 'life' sciences such as biology, psychology, social sciences, and humanities. They differ significantly from ceteris-paribus laws in physics. While several authors have doubted that normic laws are genuine laws at all, others have argued that normic laws express a certain kind of prototypical normality which is independent of statistical majority. This paper presents a foundation for normic laws which is based on generalized (...)
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  28. Ontology: Laying the Foundations.Nicolai Hartmann - 2019 - Boston: De Gruyter. Edited by Keith R. Peterson.
    It is no exaggeration to say that of the early 20th century German philosophers who claimed to establish a new ontology, former neo-Kantian turned realist Nicolai Hartmann is the only one to have actually followed through. "Ontology: Laying the Foundations" deals with "what is insofar as it is," and its four parts tackle traditional ontological assumptions and prejudices and traditional categories such as substance, thing, individual, whole, object, and phenomenon; a novel redefinition of existence and essence in terms of (...)
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  29.  47
    Complementary and Alternative Medicine: Foundations, Ethics, and Law.Robert M. Sade - 2003 - Journal of Law, Medicine and Ethics 31 (2):183-190.
    It is doubtful that any feature of the American health care system in the last several decades has had as profound an effect on the way Americans pursue their perceived health needs as complementary and alternative medicine. Almost half of all Americans take care of some of their health care needs outside of contemporary scientific medicine. The number of visits to CAM practitioners was estimated 6 years ago to be 629 million a year, with expenditures of $27 billion a year. (...)
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  30.  34
    Aquinas's Ethics: Metaphysical Foundations, Moral Theory, and Theological Context.Rebecca Konyndyk DeYoung, Colleen McCluskey & Christina van Dyke - 2009 - University of Notre Dame Press. Edited by Colleen McCluskey & Christina van Dyke.
    The purpose of __Aquinas's Ethics__ is to place Thomas Aquinas's moral theory in its full philosophical and theological context and to do so in a way that makes Aquinas readily accessible to students and interested general readers, including those encountering Aquinas for the first time. Rebecca Konyndyk DeYoung, Colleen McCluskey, and Christina Van Dyke begin by explaining Aquinas's theories of the human person and human action, since these ground his moral theory. In their interpretation, Aquinas's theological commitments crucially shape his (...)
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  31.  31
    Prepared for practice? UK Foundation doctors’ confidence in dealing with ethical issues in the workplace.Lorraine Corfield, Richard Alun Williams, Claire Lavelle, Natalie Latcham, Khojasta Talash & Laura Machin - 2021 - Journal of Medical Ethics 47 (12):e25-e25.
    This paper investigates the medical law and ethics learning needs of Foundation doctors by means of a national survey developed in association with key stakeholders including the General Medical Council and Health Education England. Four hundred sevnty-nine doctors completed the survey. The average self-reported level of preparation in MEL was 63%. When asked to rate how confident they felt in approaching three cases of increasing ethical complexity, more FYs were fully confident in the more complex cases than in the more (...)
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  32.  72
    Theological Foundations for Modern Science?Catherine Wilson - 1997 - Dialogue 36 (3):597.
    The paper is a critical notice of Margaret Osler, "Divine Will and the Mechanical Philosophy". Criticism focuses on Osler's claim that theological voluntarism and intellectualism and associated ideas about the necessity of physical laws and the certainty of scientific beliefs provide an underlying framework for understanding Gassendi's and Descartes's natural philosophies.
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  33. The Four-Category Ontology: A Metaphysical Foundation for Natural Science.Edward Jonathan Lowe - 2005 - Oxford, GB: Clarendon Press.
    E. J. Lowe, a prominent figure in contemporary metaphysics, sets out and defends his theory of what there is. His four-category ontology is a metaphysical system which recognizes four fundamental categories of beings: substantial and non-substantial particulars and substantial and non-substantial universals. Lowe argues that this system has an explanatory power which is unrivalled by more parsimonious theories and that this counts decisively in its favour. He shows that it provides a powerful explanatory framework for a unified account of causation, (...)
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  34.  73
    State Consent vs. Human Rights as Foundations for International Law.Jordy Rocheleau - 2007 - Social Philosophy Today 23:117-132.
    The traditional view that legitimate international law is founded on the consent of the states subject to it has come under increasing attack by liberals, such as Allen Buchanan, who argue for a cosmopolitan order in which the protection of human rights norms is legally foundational. The cosmopolitan argument presupposes that human rights would be better preserved by doing away with the requirement of state consent. However, state consent is seen to be necessary for protecting the rights of individuals in (...)
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    Ultimate Normative Foundations: The Case for Aquinas’s Personalist Natural Law. By Rose Mary Hayden Lemmons. [REVIEW]Alice Ramos - 2012 - American Catholic Philosophical Quarterly 86 (4):734-737.
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  36. A New Foundation for Physics.Jim Bourassa & David Thomson - 2006 - Infinite Energy Magazine (69):34.
    Modern physics describes the mechanics of the Universe. We have discovered a new foundation for physics, which explains the components of the Universe with precision and depth. We quantify the existence of Aether, subatomic particles, and the force laws. Some aspects of the theory derive from the Standard Model, but much is unique. A key discovery from this new foundation is a mathematically correct Unified Force Theory. Other fundamental discoveries follow, including the origin of the fine structure constant and subatomic (...)
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  37.  30
    A Belmont Reboot: Building a Normative Foundation for Human Research in the 21st Century.Kyle B. Brothers, Suzanne M. Rivera, R. Jean Cadigan, Richard R. Sharp & Aaron J. Goldenberg - 2019 - Journal of Law, Medicine and Ethics 47 (1):165-172.
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  38. Practical Action – First Critique Foundations.Adrian M. S. Piper - 2013 - In Stefano Bacin, Alfredo Ferrarin, Claudio La Rocca & Margit Ruffing, Kant und die Philosophie in weltbürgerlicher Absicht. Akten des XI. Internationalen Kant-Kongresses. Boston: de Gruyter. pp. 495-538.
    Both European and Anglo-American philosophical traditions of Kant scholarship draw a sharp distinction between Kant’s theoretical and practical philosophies. They cite KrV, A 14.23 –28; KrV, A 15.01– 09; KrV, B 28.22 – 28; KrV, B 29.01 –12 as evidence that the analyses of intuition, understanding and reason proffered in the first Critique apply to cognition only, and therefore do not significantly illuminate his analyses of inclination, desire, or respect for the moral law in the Groundwork, second Critique, Metaphysics of (...)
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  39.  54
    book Review: Justice, Legitimacy and Self-Determination: Moral Foundations for International Law. [REVIEW]Duncan Kelly - 2005 - Journal of Moral Philosophy 2 (2):251-254.
  40. Constitutionalism: philosophical foundations.Larry Alexander (ed.) - 1998 - New York: Cambridge University Press.
    This is the second volume in a sub-series of specially commissioned collaborative volumes on key topics at the heart of contemporary philosophy of law that will be appearing regularly within Cambridge Studies in Philosophy and Law. A distinguished international team of legal theorists examine the issue of constitutionalism and pose such foundational questions as: why have a constitution? How do we know what the constitution of a country really is? How should a constitution be interpreted? Why should one generation feel (...)
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  41.  9
    Foundation for a Natural Morality: A Deductive Approach for Defending and Developing a Moral Theory.Edmund Wall - 2018 - Lanham: Lexington Books.
    This book examines the foundations of morality and criticizes various philosophical justifications that have been offered for basic moral principles or values throughout the years. This book introduces and defends what is designed to be a sure justification for a natural morality and its basic moral principles.
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  42.  7
    Humanism.Stephen Law - 2013 - In Stephen Bullivant & Michael Ruse, The Oxford Handbook of Atheism. Oxford University Press UK.
    This article introduces Humanism. It explains what those who organize under that heading mean by the term. It also addresses several common misunderstandings about what Humanism involves. In particular, Humanists need not sign up to utopianism, scientism, materialism, or naturalism. The chapter also corrects the misunderstanding that Humanism is defined wholly in terms of what it is against—that it is not really for anything. It is very much for a great deal. Other common criticisms of Humanism are addressed, such as (...)
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  43. Frege on knowing the foundation.Tyler Burge - 1998 - Mind 107 (426):305-347.
    The paper scrutinizes Frege's Euclideanism - his view of arithmetic and geometry as resting on a small number of self-evident axioms from which non-self-evident theorems can be proved. Frege's notions of self-evidence and axiom are discussed in some detail. Elements in Frege's position that are in apparent tension with his Euclideanism are considered - his introduction of axioms in The Basic Laws of Arithmetic through argument, his fallibilism about mathematical understanding, and his view that understanding is closely associated with inferential (...)
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  44.  73
    Autonomy, sanity and moral theory.Iain Law - 2003 - Res Publica 9 (1):39-56.
    The concept of autonomy plays atleast two roles in moral theory. First, itprovides a source of constraints upon action:because I am autonomous you may not interferewith me, even for my own good. Second, itprovides a foundation for moral theory: humanautonomy has been thought by some to producemoral principles of a more general kind.This paper seeks to understand what autonomyis, and whether the autonomy of which we arecapable is able to serve these roles. We wouldnaturally hope for a concept of autonomy (...)
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  45. Forensic Brain-Reading and Mental Privacy in European Human Rights Law: Foundations and Challenges.Sjors Ligthart, Thomas Douglas, Christoph Bublitz, Tijs Kooijmans & Gerben Meynen - 2020 - Neuroethics 14 (2):191-203.
    A central question in the current neurolegal and neuroethical literature is how brain-reading technologies could contribute to criminal justice. Some of these technologies have already been deployed within different criminal justice systems in Europe, including Slovenia, Italy, England and Wales, and the Netherlands, typically to determine guilt, legal responsibility, or recidivism risk. In this regard, the question arises whether brain-reading could permissibly be used against the person's will. To provide adequate legal protection from such non-consensual brain-reading in the European legal (...)
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  46.  86
    Species are individuals: Theoretical foundations for the claim.Mary B. Williams - 1985 - Philosophy of Science 52 (4):578-590.
    This paper shows that species are individuals with respect to evolutionary theory in the sense that the laws of the theory deal with species as irreducible wholes rather than as sets of organisms. 'Species X' is an instantiation of a primitive term of the theory. I present a sketch of a proof that it cannot be defined within the theory as a set of organisms; the proof relies not on details of my axiomatization but rather on a generally accepted property (...)
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  47. public Health Ethics From Foundations and Frameworks to Justice and Global public Health.Nancy E. Kass - 2004 - Journal of Law, Medicine and Ethics 32 (2):232-242.
    Public health ethics in the future will be distinguished from public health ethics in the past by this new subfield being labeled as such, acknowledged, and called upon for service. Ethical dilemmas have been present throughout the history of public health. The question of whether to force Henning Jacobson to be immunized in 1905 in accordance with the 1902 Massachusetts smallpox vaccination law was one of ethics as well as law. How Thomas Parran, Surgeon General in 1936, chose to respond (...)
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  48.  14
    New Liver Allocation Policy: Flawed Moral and Empirical Foundations.Prabhakar Baliga & Robert M. Sade - 2019 - Journal of Law, Medicine and Ethics 47 (2):320-322.
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  49. Finitism in the Metaphysical Foundations.Lydia Patton - 2022 - In Michael Bennett McNulty, Kant's Metaphysical Foundations of Natural Science: A Critical Guide. Cambridge: Cambridge University Press. pp. 119-137.
    In this paper, building on recent and longstanding work (Warren 2001, Friedman 2013, Glezer 2018), I investigate how the account of the essences or natures of material substances in the Metaphysical Foundations is related to Kant’s demand for the completeness of the system of nature. We must ascribe causal powers to material substances for the properties of those substances to be observable and knowable. But defining those causal powers requires admitting laws of nature, taken as axioms or principles of (...)
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  50.  44
    Social Trust: Foundational and Philosophical Issues.Kevin Vallier & Michael Weber (eds.) - 2021 - Routledge.
    "With increasingly divergent views and commitments, and an all-or-nothing mindset in political life, it can seem hard to sustain the level of trust in other members of our society necessary to ensure our most basic institutions work. This book features interdisciplinary perspectives on social trust. The contributors address four main topics related to social trust. The first topic is empirical and formal work on norms and institutional trust, especially the relationships between trust and human behaviour. The second topic concerns trust (...)
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