Results for 'Repertoire contraction'

971 found
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  1.  72
    Repertoire Contraction.Sven Ove Hansson - 2013 - Journal of Logic, Language and Information 22 (1):1-21.
    The basic assumption of repertoire contraction is that only some of the logically closed subsets of the original belief set are viable as contraction outcomes. Contraction takes the form of choosing directly among these viable outcomes, rather than among cognitively more far-fetched objects such as possible worlds or maximal consistent subsets of the original belief set. In this first investigation of repertoire contraction, postulates for various variants of the operation are introduced. Necessary and sufficient (...)
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  2.  62
    Blockage Contraction.Sven Ove Hansson - 2013 - Journal of Philosophical Logic 42 (2):415-442.
    Blockage contraction is an operation of belief contraction that acts directly on the outcome set, i.e. the set of logically closed subsets of the original belief set K that are potential contraction outcomes. Blocking is represented by a binary relation on the outcome set. If a potential outcome X blocks another potential outcome Y, and X does not imply the sentence p to be contracted, then Y ≠ K ÷ p. The contraction outcome K ÷ p (...)
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  3.  31
    Bootstrap Contraction.Sven Ove Hansson - 2013 - Studia Logica 101 (5):1013-1029.
    We can often specify how we would contract by a certain sentence by saying that this contraction would coincide with some other contraction that we know how to perform. We can for instance clarify that our contraction by p&q would coincide with our contraction by p, or by q, or by {p, q}. In a framework where the set of potential outcomes is known, some contractions are “self-evident” in the sense that there is only one serious (...)
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  4. A Critical Perspective of Integrative Social Contracts Theory: Recurring Criticisms and Next Generation Research Topics.Thomas W. Dunfee - 2006 - Journal of Business Ethics 68 (3):303-328.
    During the past ten years Integrative Social Contracts Theory (ISCT) has become part of the repertoire of specialized decision-oriented theories in the business ethics literature. The intention here is to (1)␣provide a brief overview of the structure and strengths of ISCT; (2) identify recurring themes in the extensive commentary on the theory including brief mention of how ISCT has been applied outside the business ethics literature; (3) describe where research appears to be headed; and (4) specify challenges faced by (...)
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  5.  25
    Enjoyment as Enriched Experience: A Theory of Affect and Its Relation to Consciousness.Nathaniel F. Barrett - 2023 - Springer Verlag.
    This book has two main tasks: (1) to call attention to the special challenges presented by our experience of affect—all varieties of pleasure and pain—and (2) to show how these challenges can be overcome by an “enrichment approach” that understands affect as the enrichment or deterioration of conscious activity as a whole. This “enrichment approach” draws from Alfred North Whitehead as well as the pragmatists John Dewey and William James, all of whom thought of affect as a fundamental aspect of (...)
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  6.  70
    Popular sovereignty and the historical origin of the social movement.Jens Rudbeck - 2012 - Theory and Society 41 (6):581-601.
    This article seeks to explain why the social movement had its historical origin in the 1760s. It argues that the rise of the social movement as a particular form of political action was closely linked to a new interpretation of sovereignty that emerged within eighteenth century British politics. This interpretation, which drew inspiration from Jean-Jacques Rousseau’s social contract thinking, not only resonated with the radicalism of John Wilkes and his followers’ struggle to promote civil liberties to Englishmen of all classes, (...)
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  7.  20
    Blockage Revision.Sven Ove Hansson - 2016 - Journal of Logic, Language and Information 25 (1):37-50.
    Blockage revision is a version of descriptor revision, i.e. belief change in which a belief set K is changed with inputs whose success conditions are metalinguistic expressions containing the belief predicate \. This is a highly general framework that allows a single revision operator \ to take inputs corresponding to sentential revision ), contraction ) as well as more complex and composite operations. In blockage revision, such an operation is based on a relation \ of blockage among the set (...)
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  8.  38
    Cambridge companion to Rousseau's Social contract.David Lay Williams, Matthew William Maguire & Rousseau'S. Social Contract (eds.) - 2023 - New York: Cambridge University Press.
    Introduction -- "Every Legitimate Government is Republican": Rousseau's Debt to and Departure from Montesquieu on Republicanism -- What if There is no Legislator? Rousseau's History of the Government of Geneva -- Rousseau's Republican Citizenship: The Moral Psychology of The Social Contract -- Rousseau's negative liberty: Themes of domination and skepticism in The Social Contract -- Rousseau's Ancient Ends of Legislation: Liberty, Equality (& Fraternity) -- Property and Possession in Rousseau's Social Contract -- Political Equality Among Unequals -- On the Primacy (...)
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  9. Social Contract Theory for a Diverse World: Beyond Tolerance.Ryan Muldoon - 2016 - New York: Routledge.
    Very diverse societies pose real problems for Rawlsian models of public reason. This is for two reasons: first, public reason is unable accommodate diverse perspectives in determining a regulative ideal. Second, regulative ideals are unable to respond to social change. While models based on public reason focus on the justification of principles, this book suggests that we need to orient our normative theories more toward discovery and experimentation. The book develops a unique approach to social contract theory that focuses on (...)
     
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  10. Psychological Contracts: A Nano-Level Perspective on Social Contract Theory.Jeffery A. Thompson & David W. Hart - 2006 - Journal of Business Ethics 68 (3):229-241.
    Social contract theory has been criticized as a “theory in search of application.” We argue that incorporating the nano, or individual, level of analysis into social contract inquiry will yield more descriptive theory. We draw upon the psychological contract perspective to address two critiques of social contract theory: its rigid macro-orientation and inattention to the process of contract formation. We demonstrate how a psychological contract approach offers practical insight into the impact of social contracting on day-to-day human interaction. We then (...)
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  11. Contract, Gender, and the Emergence of the Civil-Military Distinction.Graham Parsons - 2020 - The Review of Politics 82 (3).
    This paper examines the social contract theories of Grotius, Hobbes, Pufendorf, and Locke, highlighting the failure of their contractarian defenses of the military and military service. In order to ground the duties of military service, each theorist presumes a chivalric gender order wherein men as men are expected to be willing to sacrifice themselves as violent instruments for the sake of their families and communities. While Grotius, Hobbes, and Pufendorf use the contract method to defend absolute, or near absolute, political (...)
     
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  12. Contract cheating: a new challenge for academic honesty?Mary Walker & Cynthia Townley - 2012 - Journal of Academic Ethics 10 (1):27-44.
    ‘Contract cheating’ has recently emerged as a form of academic dishonesty. It involves students contracting out their coursework to writers in order to submit the purchased assignments as their own work, usually via the internet. This form of cheating involves epistemic and ethical problems that are continuous with older forms of cheating, but which it also casts in a new form. It is a concern to educators because it is very difficult to detect, because it is arguably more fraudulent than (...)
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  13.  18
    News repertoires, civic engagement and political participation among young adults in Israel.Hillel Nossek & Sagit Dinnar - 2021 - Communications 46 (2):159-184.
    This study investigates the cross-media repertoires of news consumption of young adults in today’s fragmented multi-media environment, and examines the interactions between those repertoires and the consumers’ civic engagement and political participation. By using a Q-sort method, the respondents were asked to sort a number of elicitation cards on a relational scalar grid, which allowed for subsequent statistical factor analysis of these qualitative data and the generation of a sub-typology of media consumption repertoires as well as the discursive practices of (...)
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  14.  21
    Repertoires: how to transform a project into a research community.S. Leonelli & R. Ankeny - 2015 - BioScience 65 (7):701-708.
    How effectively communities of scientists come together and co-operate is crucial both to the quality of research outputs and to the extent to which such outputs integrate insights, data and methods from a variety of fields, laboratories and locations around the globe. This essay focuses on the ensemble of material and social conditions that makes it possible for a short-term collaboration, set up to accomplish a specific task, to give rise to relatively stable communities of researchers. We refer to these (...)
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  15.  14
    Campus repertoires: interrogating semiotic assemblages, economy, and creativity.Gabriel Simungala & Deborah Ndalama-Mtawali - 2024 - Semiotica 2024 (256):137-152.
    Framed within the broader theoretical context of social semiotics, we attempt to show how university students communicate using a variety of unique means, in particular social contexts. We privilege Pennycook and Otsuji’s semiotic assemblages, Jimaima and Simungala’s semiotic creativity, and the notion of semiotic economy as critical ingredients that conspire to give rise to the unique and complex coinages and innovations constituting students’ repertoires. We argue that, born out of creativity, the students’ repertoires are semiotically and economically charged discourses that (...)
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  16. Contractions of noncontractive consequence relations.Rohan French & David Ripley - 2015 - Review of Symbolic Logic 8 (3):506-528.
    Some theorists have developed formal approaches to truth that depend on counterexamples to the structural rules of contraction. Here, we study such approaches, with an eye to helping them respond to a certain kind of objection. We define a contractive relative of each noncontractive relation, for use in responding to the objection in question, and we explore one example: the contractive relative of multiplicative-additive affine logic with transparent truth, or MAALT. -/- .
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  17.  27
    Contracting Compliance: A Discussion of the Ethical Implications of Behavioural Contracts in the Rehabilitation Setting.Jane Cooper, Ann Heesters, Andria Bianchi, Kevin Rodrigues & Nathalie Brown - 2019 - Canadian Journal of Bioethics / Revue canadienne de bioéthique 2 (2):97-101.
    The pervasive use of contracts in healthcare is a source of unease for many healthcare ethicists and patient advocates. This commentary examines the use of such contracts with individuals in rehabilitation settings who have complex medical and behavioural issues. The goals of this paper are to examine the many factors that can lead to contract use, to discuss some legal and ethical implications of contract use, and to assess contract use in light of concerns about health equity. The paper concludes (...)
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  18. The Repertoire of Nonverbal Behavior: Categories, Origins, Usage, and Coding.Paul Ekman & Wallace V. Friesen - 1969 - Semiotica 1 (1):49-98.
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  19. (1 other version)Evolution of the Social Contract.Brian Skyrms - 1996 - New York: Cambridge University Press.
    In this pithy and highly readable book, Brian Skyrms, a recognised authority on game and decision theory, investigates traditional problems of the social contract in terms of evolutionary dynamics. Game theory is skilfully employed to offer new interpretations of a wide variety of social phenomena, including justice, mutual aid, commitment, convention and meaning. The author eschews any grand, unified theory. Rather, he presents the reader with tools drawn from evolutionary game theory for the purpose of analysing and coming to understand (...)
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  20.  39
    Infinitary Contraction‐Free Revenge.Andreas Fjellstad - 2018 - Thought: A Journal of Philosophy 7 (3):179-189.
    How robust is a contraction-free approach to the semantic paradoxes? This paper aims to show some limitations with the approach based on multiplicative rules by presenting and discussing the significance of a revenge paradox using a predicate representing an alethic modality defined with infinitary rules.
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  21. Contraction and revision.Shawn Standefer - 2016 - Australasian Journal of Logic 13 (3):58-77.
    An important question for proponents of non-contractive approaches to paradox is why contraction fails. Zardini offers an answer, namely that paradoxical sentences exhibit a kind of instability. I elaborate this idea using revision theory, and I argue that while instability does motivate failures of contraction, it equally motivates failure of many principles that non-contractive theorists want to maintain.
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  22.  79
    Media repertoires as a result of selective media use. A conceptual approach to the analysis of patterns of exposure.Jutta Popp & Uwe Hasebrink - 2006 - Communications 31 (3):369-387.
    This article sets out to provide a conceptual contribution to theoretical and empirical work on the level of media repertoires. We will first discuss theoretical approaches which allow for an explanation of media repertoires and relate them to the most prominent approaches to selective audience behavior. Secondly, in order to empirically analyze media repertoires we propose a combination of secondary analyses of existing surveys on media use and qualitative studies on the internal ‘architecture’ of these repertoires and their practical meaning (...)
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  23.  28
    Ecological Repertoire Analysis: a Method of Interaction-Based Semiotic Study for Multispecies Environments.Timo Maran - 2020 - Biosemiotics 13 (1):63-75.
    In the present times of global environmental change, there is growing need for qualitative methods that would describe the meanings and significance of living environments. This paper proposes ecological repertoire analysis as a qualitative observation-based method for the environmental humanities. The method proceeds from theories relevant for ecosemiotics — ecofield analysis, umwelt theory, and perceptual affordance — and takes the event to be a basic unit of study. Interaction events are defined as any observable significant interactions between participants and (...)
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  24.  9
    Répertoire des Références Philosophiques Dans les Papirer (Papiers) de Søren Kierkegaard.Hélène Politis - 2005 - Paris: Publications de la Sorbonne.
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  25.  93
    Belief Contraction in the Context of the General Theory of Rational Choice.Hans Rott - 1993 - Journal of Symbolic Logic 59 (4):1426-1450.
    This paper reorganizes and further develops the theory of partial meet contraction which was introduced in a classic paper by Alchourron, Gardenfors, and Makinson. Our purpose is threefold. First, we put the theory in a broader perspective by decomposing it into two layers which can respectively be treated by the general theory of choice and preference and elementary model theory. Second, we reprove the two main representation theorems of AGM and present two more representation results for the finite case (...)
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  26.  47
    Termination of an Employment Contract upon Unilateral Notice of an Employee in Lithuania.Tomas Bagdanskis & Justinas Usonis - 2010 - Jurisprudencija: Mokslo darbu žurnalas 119 (1):211-226.
    The theoretical aspects and practical application of the termination of an employment contract upon an employee’s notice are analyzed in the paper. An employee can terminate an employment contract by his/her notice either without specifying any reason or due to some serious reasons. The problems of the regulation of the grounds for the exipiry of an employment contract are discussed and analyzed by comparison with the corresponding regulations in other European countries. Rulings of the Supreme Court of the Republic of (...)
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  27. Repertoires: A post-Kuhnian perspective on scientific change and collaborative research.Rachel A. Ankeny & Sabina Leonelli - 2016 - Studies in History and Philosophy of Science Part A 60:18-28.
  28.  19
    Contract Theory: The Evolution of Contractual Intent.Larry A. DiMatteo - 1998 - Michigan State University Press.
    _Contract Theory_ examines the logical and conceptual structures that arise in the process of making, honoring, and enforcing contracts. The touchstone of Anglo-American contract law is the determination of contractual intent. Two theories have competed for center stage: the subjective theory of the "meeting of the minds" and the objective theory in which the parties' manifestations and the transaction's contextual factors became the means for contract interpretation and enforcement. The implementation of the objective theory of contract is the "reasonable person (...)
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  29.  34
    Ulysses contracts regarding compulsory care for patients with borderline personality syndrome.Antoinette Lundahl, Gert Helgesson & Niklas Juth - 2017 - Clinical Ethics 12 (2):82-85.
    Introduction Compulsory care is controversial, since respect for the patient’s autonomy is a standard requirement in health care. Many psychiatrists have experienced that patients with borderline personality syndrome sometimes demand compulsory care for themselves in order not to exert self-harm—like Ulysses contracts. The aim of this study was to examine the possible existence and extent of borderline personality syndrome-patient demands for Ulysses contracts regarding compulsory care in acute psychiatry, and how external influences and demands could affect the caregivers’ decisions about (...)
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  30.  21
    Polymedia repertoires of networked individuals : A day-in-the-life approach.Caroline Tagg & Agnieszka Lyons - 2021 - Pragmatics and Society 12 (5):725-755.
    This article introduces the concept of the polymedia repertoire to explore how social meaning is indexed through the interplay of communicative resources at different levels of expression in digitally mediated interactions. The multi-layered polymedia repertoire highlights how people move fluidly between media platforms, semiotic modes and linguistic resources in the course of their everyday interactions, and enables us to locate digital communications within individuals’ wider practices. The potential of our theoretical contribution is illustrated through analysis of mobile phone (...)
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  31. Contract as Promise: A Theory of Contractual Obligation.Charles Fried - 2015 - Oxford University Press USA.
    Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral (...)
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  32.  30
    Finite Contractions on Infinite Belief Sets.Sven Ove Hansson - 2012 - Studia Logica 100 (5):907-920.
    Contractions on belief sets that have no finite representation cannot be finite in the sense that only a finite number of sentences is removed. However, such contractions can be delimited so that the actual change takes place in a logically isolated, finite-based part of the belief set. A construction that answers to this principle is introduced, and is axiomatically characterized. It turns out to coincide with specified meet contraction.
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  33.  75
    Logics without the contraction rule.Hiroakira Ono & Yuichi Komori - 1985 - Journal of Symbolic Logic 50 (1):169-201.
  34.  47
    Non-contractability and Revenge.Julien Murzi & Lorenzo Rossi - 2020 - Erkenntnis 85 (4):905-917.
    It is often argued that fully structural theories of truth and related notions are incapable of expressing a nonstratified notion of defectiveness. We argue that recently much-discussed non-contractive theories suffer from the same expressive limitation, provided they identify the defective sentences with the sentences that yield triviality if they are assumed to satisfy structural contraction.
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  35. The Sexual Contract.Carole Pateman - 1988 - Polity Press.
    Pateman challenges the way contemporary society functions by questioning the standard interpretation of an idea that is deeply embedded in American and British political thought: that our rights and freedoms derive from the social contract explicated by Locke, Hobbes, and Rousseau and interpreted in the United States by the Founding Fathers. The author shows how we are told only half the story of the original contract that establishes modern patriarchy. The sexual contract is ignored and thus men's patriarchal right over (...)
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  36.  70
    Mild contraction: evaluating loss of information due to loss of belief.Isaac Levi - 2004 - New York: Oxford University Press.
    Isaac Levi's new book develops further his pioneering work in formal epistemology, focusing on the problem of belief contraction, or how rationally to relinquish old beliefs. Levi offers the most penetrating analysis to date of this key question in epistemology, offering a completely new solution and explaining its relation to his earlier proposals. He mounts an argument in favor of the thesis that contracting a state of belief by giving up specific beliefs is to be evaluated in terms of (...)
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  37.  29
    Dynamics for Integrative Social Contracts Theory: Norm Evolution and Individual Mobility.Duane Windsor - 2018 - Journal of Business Ethics 149 (1):83-95.
    This article proposes a specific logic of dynamics for integrative social contracts theory that combines two empirically oriented process extensions strengthening concreteness of Donaldson and Dunfee’s conceptualization, namely international policy regime theory and Tiebout migration. While either would help “dynamize” and “concretize” ISCT, the two combined are even more insightful. Real-world policy regime processes can develop concrete action-guiding norms instantiating hypernorms to guide business decisions. Donaldson and Dunfee placed empirical reliance on expectation of converging parallel evolution of universal principles and (...)
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  38. Kernel contraction.Sven Ove Hansson - 1994 - Journal of Symbolic Logic 59 (3):845-859.
    Kernel contraction is a natural nonrelational generalization of safe contraction. All partial meet contractions are kernel contractions, but the converse relationship does not hold. Kernel contraction is axiomatically characterized. It is shown to be better suited than partial meet contraction for formal treatments of iterated belief change.
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  39.  27
    Ulysses Contracts.Michael Lavin - 1986 - Journal of Applied Philosophy 3 (1):89-101.
    ‘Ulysses contracts’ are an instrument through which a psychiatric patient may prearrange involuntary commitments to be put into effect if the patient satisfies certain diagnostic criteria in the future. Proposals for Ulysses contracts typically impose numerous safeguards. This paper argues against the intuitively plausible safeguard which permits only presently remitted patients to contract. Instead of requiring a patient's remission, it is argued that the appropriate safeguard is the patient's ability, whether remitted or not, to offer good reasons for wishing to (...)
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  40.  20
    Detecting contract cheating in essay and report submissions: process, patterns, clues and conversations.Ann M. Rogerson - 2017 - International Journal for Educational Integrity 13 (1).
    Detecting contract cheating in written submissions can be difficult beyond direct plagiarism detectable via technology. Successfully identifying potential cases of contract cheating in written work such as essays and reports is largely dependent on the experience of assessors and knowledge of student. It is further dependent on their familiarity with the patterns and clues evident in sections of body text and reference materials to identify irregularities. Consequently, some knowledge of what the patterns and clues look like is required. This paper (...)
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  41.  24
    Exploring contract cheating in further education: student engagement and academic integrity challenges.Roya Rahimi, Jenni Jones & Carol Bailey - 2024 - Ethics and Education 19 (1):38-58.
    Contract cheating is a challenging problem facing higher and further education providers (HE and FE) worldwide. In the UK, contract cheating has been identified as a growing problem by the HEA and, more recently, the Quality Assurance Agency for Higher Education and the Department for Education. The high rate of contact cheating among students suggests that 8–9% of degrees awarded in the UK are unsafe. To address this issue, the current study with a new approach seeks to investigate student’s motivations, (...)
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  42. The Contract and Domination.Carole Pateman & Charles Mills - 2007 - Polity.
    _Contract and Domination_ offers a bold challenge to contemporary contract theory, arguing that it should either be fundamentally rethought or abandoned altogether. Since the publication of John Rawls's _A Theory of Justice_, contract theory has once again become central to the Western political tradition. But gender justice is neglected and racial justice almost completely ignored. Carole Pateman and Charles Mills's earlier books, _The Sexual Contract_ and _The Racial Contract_, offered devastating critiques of gender and racial domination and the contemporary contract (...)
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  43. (1 other version)Contraction: On the Decision-Theoretical Origins of Minimal Change and Entrenchment.Horacio Arló-Costa & Isaac Levi - 2006 - Synthese 152 (1):129 - 154.
    We present a decision-theoretically motivated notion of contraction which, we claim, encodes the principles of minimal change and entrenchment. Contraction is seen as an operation whose goal is to minimize loses of informational value. The operation is also compatible with the principle that in contracting A one should preserve the sentences better entrenched than A (when the belief set contains A). Even when the principle of minimal change and the latter motivation for entrenchment figure prominently among the basic (...)
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  44.  26
    Contract cheating by STEM students through a file sharing website: a Covid-19 pandemic perspective.Codrin Cotarlan & Thomas Lancaster - 2021 - International Journal for Educational Integrity 17 (1).
    Students are using file sharing sites to breach academic integrity in light of the Covid-19 pandemic. This paper analyses the use of one such site, Chegg, which offers “homework help” and other academic services to students. Chegg is often presented as a file sharing site in the academic literature, but that is just one of many ways in which it can be used. As this paper demonstrates, Chegg can and is used for contract cheating This is despite the apparent existence (...)
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  45.  43
    Absolute Freedom of Contract: Grotian Lessons for Libertarians.Jeppe von Platz - 2013 - Critical Review: A Journal of Politics and Society 25 (1):107-119.
    Libertarians often rely on arguments that subordinate the principle of liberty to the value of its economic consequences. This invites the question of what a pure libertarian theory of justice—one that takes liberty as its overriding concern—would look like. Grotius's political theory provides a template for such a libertarianism, but it also entails uncomfortable commitments that can be avoided only by compromising the principle of liberty. According to Grotius, each person should be free to decide how to act as long (...)
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  46.  21
    Social Contract Approaches to Business Ethics: Bridging the “Is‐Ought” Gap.Thomas W. Dunfee & Thomas Donaldson - 1999 - In Robert Frederick (ed.), A companion to business ethics. Malden, Mass.: Blackwell. pp. 38–55.
    This chapter contains sections titled: Background: mapping the field of business ethics The evolution of social contract approaches to business ethics Integrative social contracts theory (ISCT) Remaining issues and promising research directions for contractarian business ethics.
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  47.  49
    The Social Contract as an Analytic, Justificatory, and Polemic Device.David Keyt - 1974 - Canadian Journal of Philosophy 4 (2):241 - 252.
    John Rawls, in his distinguished revival and animation of the theory of the social contract, maintains that “the procedure of contract theories provides … a general analytic method for the comparative study of conceptions of justice ”. As a corollary, he holds, secondly, that “if one interpretation [of the contractual situation] is philosophically most favoured, and if its principles characterize our considered judgments, we have a procedure for justification as well ”. Finally, Rawls uses the social contract as a critical (...)
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  48.  15
    Commercial contract cheating provision through micro-outsourcing web sites.Thomas Lancaster - 2020 - International Journal for Educational Integrity 16 (1).
    As the contract cheating market has become more sophisticated and competition has intensified, the contract cheating industry has had to redevelop its approach to gain custom. The industry has developed new models of internal operation and providers are using more sophisticated techniques to reach potential customers. This paper discusses contract cheating industry workflows and introduces terminology to allow complexities of the industry to be more consistently discussed. Examples are provided throughout to indicate the scale and challenge of the contract cheating (...)
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  49. Social Contract Theory Should Be Abandoned.Danny Frederick - 2013 - Rationality, Markets and Morals 4:178-89.
    I argue that social-contract theory cannot succeed because reasonable people may always disagree, and that social-contract theory is irrelevant to the problem of the legitimacy of a form of government or of a system of moral rules. I note the weakness of the appeal to implicit agreement, the conflation of legitimacy with stability, the undesirability of “public justification” and the apparent blindness to the evolutionary critical-rationalist approach of Hayek and Popper. I employ that approach to sketch answers to the theoretical, (...)
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  50.  60
    Designing Default Rules in Contract Law: Consent, Conventionalism, and Efficiency.C. A. Riley - 2000 - Oxford Journal of Legal Studies 20 (3):367-390.
    This article considers the principles that ought to be used to determine the scope and content of contract law's «default rules», the rules that will, in the absence of express exclusion, govern parties» contractual relationships. It examines three, ostensibly competing, approaches discussed in the literature: that defaults be grounded in the subjective consent of contracting parties, in the customs and norms immanent within the parties» community, and in the value of economic efficiency. It argues that each has something of value (...)
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