Results for 'capabilities, functionings, substantial freedom, 2nd order competence, paternalism'

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  1. Libertarian paternalism and the capability approach. Friends or foes?Aleksander Ostapiuk - 2024 - Ekonomista 2024 (4):256-482.
    This paper compares the capability approach (CA) and libertarian paternalism (LP) to see whether they are compatible. The comparison focuses on rationality, wellbeing, and freedom. The main theoretical framework is Sen’s ‘reason to value’ (RtV). The relevance of this to CA, and LP is analysed, and whether the primacy that CA and LP both accord to reason leads to paternalism is examined. Although the principal focus is on Sen’s, Sunstein’s and Thaler’s original ideas, their key concepts are analysed (...)
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  2. Is the capability approach paternalist?Ian Carter - 2014 - Economics and Philosophy 30 (1):75-98.
    Capability theorists have suggested different, sometimes incompatible, ways in which their approach takes account of the value of freedom, each of which implies a different kind of normative relation between functionings and capabilities. This paper examines three possible accounts of the normative relation between functionings and capabilities, and the implications of each of these accounts in terms of degrees of paternalism. The way in which capability theorists apparently oscillate between these different accounts is shown to rest on an apparent (...)
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  3. Libertarian Paternalism, Utilitarianism, and Justice.Jamie Kelly - 2013 - In Christian Coons & Michael Weber (eds.), Paternalism: Theory and Practice. Cambridge: Cambridge University Press. pp. 216-230.
    In a number of recent publications, Cass Sunstein and Richard Thaler have argued for a novel approach to the design of public policy. Their proposal has received a great deal of attention, both within academic circles and the public at large. Drawing upon evidence from behavioral economics and empirical psychology, the authors attempt to demonstrate that the conventional antagonism between libertarians and paternalists within political theory dissolves in conditions that obtain widely in public decision-making. Where free choice and the promotion (...)
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  4. Libertarian paternalism, utilitarianism, and justice.Jamie Kelly - 2013 - In Christian Coons & Michael Weber (eds.), Paternalism: Theory and Practice. Cambridge: Cambridge University Press. pp. 216-230.
    In a number of recent publications, Cass Sunstein and Richard Thaler have argued for a novel approach to the design of public policy. Their proposal has received a great deal of attention, both within academic circles and the public at large. Drawing upon evidence from behavioral economics and empirical psychology, the authors attempt to demonstrate that the conventional antagonism between libertarians and paternalists within political theory dissolves in conditions that obtain widely in public decision-making. Where free choice and the promotion (...)
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  5. Addiction and autonomy: Can addicted people consent to the prescription of their drug of addiction?Bennett Foddy & Julian Savulescu - 2005 - Bioethics 20 (1):1–15.
    It is often claimed that the autonomy of heroin addicts is compromised when they are choosing between taking their drug of addiction and abstaining. This is the basis of claims that they are incompetent to give consent to be prescribed heroin. We reject these claims on a number of empirical and theoretical grounds. First we argue that addicts are likely to be sober, and thus capable of rational thought, when approaching researchers to participate in research. We reject behavioural evidence purported (...)
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  6.  83
    Paternalism and Right.Paul Schofield - 2017 - Journal of Political Philosophy 26 (1):65-83.
    Typically, we think of republicans and liberals as being suspicious of paternalistic law. But in this paper, I argue that enactment of paternalistic law is actually demanded by republican and liberal values, and that enacting certain paternalistic laws is one way that the republican or liberal state performs its core function. As I explain it, this core function is to create and to maintain conditions of right-conditions of freedom, non-domination, justice, etc.-among persons capable of making legitimate second-personal claims on one (...)
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  7.  22
    Residents’ experiences of paternalism in nursing homes.Anne Helene Mortensen, Dagfinn Nåden, Dag Karterud & Vibeke Lohne - 2024 - Nursing Ethics 31 (2-3):176-188.
    Background Interest in strengthening residents’ autonomy in nursing homes is intensifying and professional caregivers’ experience ethical dilemmas when the principles of beneficence and autonomy conflict. This increased focus requires expanded knowledge of how residents experience decision-making in nursing homes and how being subject to paternalism affects residents’ dignity. Research question/aim This study explored how residents experience paternalism in nursing homes. Research design This study involved a qualitative interpretive design with participant observations and semi-structured interviews. The interpretations were informed (...)
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  8.  41
    Ottoman Educational Institutions During and After 18th Century.Osman Taşteki̇n - 2019 - Cumhuriyet İlahiyat Dergisi 23 (3):1143-1166.
    The main purpose of this study is to become acquainted with the educational institutions in Ottoman Empire during and after the 18th century. In this respect, special attention is given to which initiatives were taken in terms of education and which educational institutions were established during the aforementioned period. The need to comply with the West in terms of science, culture, reasoning, and technological advancements has led to the questioning of the current madrasah system. Upon revising the educational system of (...)
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  9.  30
    Scripts, Tricks and Capability Theory: Using an Empirical Window Into the Logic of Achievement to Illustrate How a Critical Addition to Capability Theory Might Work to Guide Action.Gail Corrado - 2015 - Studies in Philosophy and Education 35 (5):513-528.
    Capability theory improves our understanding of well being because it takes account of the “conversion” problem: income/wealth/commodities. need to be made effectively available to really increase well being. However, just as IWCs need to be converted into functionings in order to be effective in bringing additional possibilities to a person, our institutions, abilities and environments need to be converted as well to allow them to be used effectively in the same pursuit. Freedom of the press and speech, education and (...)
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  10. Anti-paternalism and Invalidation of Reasons.Kalle Grill - 2010 - Public Reason 2 (2):3-20.
    I first provide an analysis of Joel Feinberg’s anti-paternalism in terms of invalidation of reasons. Invalidation is the blocking of reasons from influencing the moral status of actions, in this case the blocking of personal good reasons from supporting liberty-limiting actions. Invalidation is shown to be distinct from moral side constraints and lexical ordering of values and reasons. I then go on to argue that anti-paternalism as invalidation is morally unreasonable on at least four grounds, none of which (...)
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  11. Competence, paternalism, and public policy for mentally retarded people.John C. Moskop - 1983 - Theoretical Medicine and Bioethics 4 (3).
    This article examines two currently disputed issues regarding public policy for mentally retarded people. First, questions are raised about the legal tradition of viewing mental competence as an all-or-nothing attribute. It is argued that recently developed limited competence and limited guardianship laws can provide greater freedom for retarded people without sacrificing needed protection. Second, the question of who should act paternalistically for retarded people incapable of acting for themselves is examined. Rothman's claim that special formal advocates are the best representatives (...)
     
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  12.  66
    Implementation of curricular strategies in Nursing 2nd year subjects.María Cristina Pérez Guerrero, Maité Suárez Fernández & Alina Carrasco Milanés - 2013 - Humanidades Médicas 13 (1):157-176.
    Se presenta una revisión bibliográfica en la que se valora la implementación de las estrategias curriculares en la Licenciatura en Enfermería, a partir de las asignaturas impartidas en el segundo año de la carrera. Se destaca la importancia de estos recursos pedagógicos en la formación de los estudiantes, su desarrollo y contribución a la solución de situaciones relacionadas con el cuidado, la calidad de la atención de salud, la disminución de eventos adversos y la seguridad del paciente. Las estrategias curriculares (...)
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  13.  14
    The Digital Competences of a Specialist: Contemporary Realities of the Information and Technological Paradigm in the Age of Globalization.Oleksandr Tverdokhlib, Nadiia Opushko, Lesya Viktorova, Yana Topolnyk, Myroslav Koval & Vita Boiko - 2022 - Postmodern Openings 13 (1 Sup1):412-446.
    The article recounts that against the background of globalization processes that swept the world in the late twentieth century and left an indelible mark on the further progress of mankind there was a need to adapt the educational and social systems of Ukraine to functioning in the new conditions of crucial transformations caused by the dynamic changes triggered by universal digitalization, which now penetrates all branches and spheres of public life. It has been noted that the educational sphere is in (...)
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  14. Privacy, Democracy and Freedom of Expression.Annabelle Lever - 2015 - In Beate Roessler & Dorota Mokrosinska (eds.), The Social Dimensions of Privacy. Cambridge University Press. pp. 67-69.
    Must privacy and freedom of expression conflict? To witness recent debates in Britain, you might think so. Anything other than self-regulation by the press is met by howls of anguish from journalists across the political spectrum, to the effect that efforts to protect people’s privacy will threaten press freedom, promote self-censorship and prevent the press from fulfilling its vital function of informing the public and keeping a watchful eye on the activities and antics of the powerful.[Brown, 2009, 13 January]1 Effective (...)
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  15.  30
    Recognition and Positive Freedom.David Ingram - 2021 - In John Philip Christman (ed.), Positive Freedom: Past, Present, and Future. New York, NY: Cambridge University Press.
    A number of well-known Hegel-inspired theorists have recently defended a distinctive type of social freedom that, while bearing some resemblance to Isaiah Berlin’s famous description of positive freedom, takes its bearings from a theory of social recognition rather than a theory of moral self-determination. Berlin himself argued that recognition-based theories of freedom are really not about freedom at all but about solidarity, More strongly, he argued that recognition-based theories of freedom, like most accounts of solidarity, oppose what Kant originally understood (...)
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  16.  23
    Towards socially-competent and culturally-adaptive artificial agents.Chiara Bassetti, Enrico Blanzieri, Stefano Borgo & Sofia Marangon - 2022 - Interaction Studies 23 (3):469-512.
    The development of artificial agents for social interaction pushes to enrich robots with social skills and knowledge about (local) social norms. One possibility is to distinguish the expressive and the functional orders during a human-robot interaction. The overarching aim of this work is to set a framework to make the artificial agent socially-competent beyond dyadic interaction – interaction in varying multi-party social situations – and beyond individual-based user personalization, thereby enlarging the current conception of “culturally-adaptive”. The core idea is to (...)
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  17.  28
    Smart Socio-Technical Environments: a Paternalistic and Humanistic Management Proposal.Manuel Carabantes - 2021 - Philosophy and Technology 34 (4):1531-1544.
    One of the great dangers of our time is that the cumulative long-term action of smart socio-technical environments engineered to control thought and behavior results in an excessive loss of freedom. In response to this challenge, that we shall call humanity’s socio-technical dilemma, we outline here some fundamental ideas of a political program to control these environments, which is similar to the one proposed by Brett Frischmann and Evan Selinger. It is similar insofar as we share their paternalistic and humanistic (...)
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  18. Socio-Philosophical Approaches to Understanding Phenomena »Libertarian Paternalism».С Безруков - 2020 - Philosophical Horizons 44:78-92.
    Addressing the topic of the phenomenon of libertarian paternalism is substantiated by modern problems in the field of settling power relations with society and the individual in a crisis society. In the XXI century, civilized humanity has moved to develop the latest principles of anthropological development. We mean the newest directions of personality development in the system of self-organization as the foundation of building a civil legal social society, in which the problem of free choice of personality in social (...)
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  19.  76
    Competing for consciousness: A Darwinian mechanism at an appropriate level of explanation.William H. Calvin - 1998 - Journal of Consciousness Studies 5 (4):389-404.
    Treating consciousness as awareness or attention greatly underestimates it, ignoring the temporary levels of organization associated with higher intellectual function (syntax, planning, logic, music). The tasks that require consciousness tend to be the ones that demand a lot of resources. Routine tasks can be handled on the back burner but dealing with ambiguity, groping around offline, generating creative choices, and performing precision movements may temporarily require substantial allocations of neocortex. Here I will attempt to clarify the appropriate levels of (...)
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  20. An Unconditioned Will: The Role of Temporality in Freedom and Agency.Roman Altshuler - 2010 - Dissertation, Suny Stony Brook
    Eliminativists about free will and moral responsibility argue that no action can be free and responsible because in order to be actions, our movements must be caused by features of our character or will. However, either the will is constituted by states that are themselves produced by events outside our control, or it is constituted by our own choices, which must themselves stem from our will in order to be up to us. Thus, any attempt to account for (...)
     
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  21.  48
    Description of all functions definable by formulæ of the 2nd order intuitionistic propositional calculus on some linear Heyting algebras.Dimitri Pataraia - 2006 - Journal of Applied Non-Classical Logics 16 (3-4):457-483.
    Explicit description of maps definable by formulæ of the second order intuitionistic propositional calculus is given on two classes of linear Heyting algebras—the dense ones and the ones which possess successors. As a consequence, it is shown that over these classes every formula is equivalent to a quantifier free formula in the dense case, and to a formula with quantifiers confined to the applications of the successor in the second case.
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  22.  70
    Hylomorphism as a Solution for Freedom and for Personal Identity.Peter Volek - 2011 - Studia Neoaristotelica 8 (2):178-188.
    Secundum Petrum Bieri dualismus ontologicus hoc trilemma generat: 1) Status mentis non sunt status physici. 2) Status mentis causalitatem exerceunt in regionem statuum physicorum. 3) Regio statuum physicorum est causaliter clausa. Haec tertia propositio a Bieri “physicalismum methodologicum” exprimere dicitur. Ut hoc trilemma solvat, Bieri unum eius membrorum reicere suadet. Hylemorphismus causalitatem mentis ut causalitetem formalem explicat, relationem vero hominis ad mundum ut causalitatem efficientem. Unde clausura causalis mundi de causalitate efficiente intelligi potest, quae in physica investigatur. Liberum arbitrium ab (...)
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  23.  44
    (1 other version)Lenin, gorbachev, and 'national-statehood': Can Leninism countenance the new soviet federal order?Gregory Gleason - 1990 - Studies in East European Thought 40 (1-3):137-158.
    One of the most intractable contemporary problems in the USSR is the Soviet federal dilemma. The late 1980s witnessed competing claims among the national minority groups of the USSR to rights of voice, representation, and cultural, economic, and even political sovereignty. Since the onset ofperestrojka, the principle of nationalstatehood has acquired a new legitimacy. Nationality is one of the pillars of the federal reform. The drive to create a new Soviet federalism has become an important component ofperestrojka. But, according to (...)
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  24.  23
    Functional and Structural Integration without Competence Overstepping in Structured Semantic Knowledge Base System.Marek Krótkiewicz & Krystian Wojtkiewicz - 2014 - Journal of Logic, Language and Information 23 (3):331-345.
    Logic, language and information integration is one of areas broadly explored nowadays and at the same time promising. Authors use that approach in their 8 years long research into Structured Semantic Knowledge Base System. The aim of this paper is to present authors idea of system capable of generating synergy effect while storing various type of information. The key assumption, which has been adopted, is the thesis that the attempt to find universal way of the reality description is very inefficient (...)
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  25.  94
    Capability paternalism.Rutger Claassen - 2014 - Economics and Philosophy 30 (1):57-73.
    A capability approach prescribes paternalist government actions to the extent that it requires the promotion of specific functionings, instead of the corresponding capabilities. Capability theorists have argued that their theories do not have much of these paternalist implications, since promoting capabilities will be the rule, promoting functionings the exception. This paper critically surveys that claim. From a close investigation of Nussbaum's statements about these exceptions, it derives a framework of five categories of functionings promotion that are more or less unavoidable (...)
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  26. Ruling Reasons: A Defense of Moral Generalism.Pekka Väyrynen - 2002 - Dissertation, Cornell University
    Moral particularism denies that moral reasons present in particular cases depend on any suitable provision of moral principles. If they did, there should be invariable reasons. But reasons are holistic: whether a consideration is a reason may vary with the context. This work responds to particularism with a moderate form of generalism, according to which it is compatible with reasons holism that moral reasons are fundamentally determined by moral principles. The holism of reasons is explained by construing moral principles as (...)
     
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  27.  51
    The Capabilities Approach and Environmental Sustainability: The Case for Functioning Constraints.Wouter Peeters, Jo Dirix & Sigrid Sterckx - 2015 - Environmental Values 24 (3):367-389.
    The capabilities approach of Amartya Sen and Martha Nussbaum has become an influential viewpoint for addressing issues of social justice and human de- velopment. It has not yet, however, given adequate theoretical consideration to the requirements of environmental sustainability. Sen has focussed on the instrumental importance of human development for achieving sustainability, but has failed to consider the limits of this account, especially with respect to consumption-reduction. Nussbaum has criticised constraining material consumption for its paternalistic prescription of one particular conception (...)
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  28.  15
    The Crisis of Collegiality in Scientific Organization, and the Scientific Policy.Alexander Yu Antonovski - 2020 - Epistemology and Philosophy of Science 57 (3):6-22.
    The article substantiates that science, thanks to the latest media in the dissemination of scientific communication (especially computer word processing, big data accumulation, mega-science installations, the latest international networking platforms and collaborations), has gone beyond all institutional, organizational, regional, national and partly disciplinary borders. Science as a supranational communication system has reached a complexity that is incompatible with the standards for evaluating scientific work and scientific achievements, which are traditionally carried out in the form of scientific committees, individual examinations and (...)
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  29.  30
    Compétences et moyens de l’homme capable à la lumière de l’incapacité.Ernst Wolff - 2013 - Études Ricoeuriennes / Ricoeur Studies 4 (2):50-63.
    Since Oneself as Another, Ricœur placed the notion of capability or of “I can” at the center of the hermeneutics of the self. While exploring the range of capabilities, the notion of capability itself nevertheless remains under-determined from a point of view that one may call “technical.” The claim that I defend in this article is that the hermeneutics of the capable human being requires a development of its technical dimension, in other words, a reflection on the competence and means (...)
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  30.  14
    Individual and Social in L.I. Petrazhitsky's Philosophy of Law.Leonid Yu Kornilaev - 2021 - RUDN Journal of Philosophy 25 (3):513-523.
    Along with competing legal concepts of positivism and gnoseologism in the second half of the 19th century, a direction of legal psychology was formed, within which the psychological theory of law by the Russian and Polish lawyer L.I. Petrazhitsky takes a prominent place. L.I. Petrazhitsky's legal theory interprets the law as a mental phenomenon in a person's mind. The mental life forms the internal and external legal behavior. Studying the law becomes possible only by analyzing the subject's particular kind of (...)
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  31. Freedom‐amelioration, transformative change, and emancipatory orders.Lukas Schmid - 2022 - European Journal of Philosophy 30 (4):1378-1392.
    Abstract“Freedom” is a fundamental political concept: contestations or endorsements of freedom-conceptions concern the fundamental normative orientation of sociopolitical orders. Focusing on “freedom,” this article argues that the project of bringing about emancipatory sociopolitical orders is both aided by efforts at engineering fundamental political concepts as well as required by such ameliorative ambitions. I first argue that since the absence of ideology is a constituent feature of emancipatory orders, any attempt at bringing about emancipation should leverage genealogical approaches in order (...)
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  32.  70
    When functions and causes compete.Daniel Heussen - 2010 - Thinking and Reasoning 16 (3):233-250.
    The discounting principle states that 'the role of a given cause in producing a given effect is discounted if other plausible causes are present' (Kelley, 1972, p. 8). The principle has only been tested with cases where the two explanations are of the same kind (i.e., causal explanations). However, explanations of properties of objects, people, or events often involve functions. Zebras have stripes in order to be better camouflaged. Humans have eyebrows to keep sweat from running into their eyes. (...)
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  33.  4
    Technosubject and Anthroposocial Challenges of Human–Artificial Intelligence Interaction: Synergy, Demarcation, New Rationality, and Risks.Владимир Григорьевич Буданов - 2024 - Russian Journal of Philosophical Sciences 67 (3):27-52.
    The contemporary digital reality is inconceivable without artificial intelligence (AI), which has become disseminated across all cultural practices, from scientific and artistic endeavors to everyday activities. AI increasingly functions as an agent of communication and decision-making, gradually surpassing human capabilities across nearly all competencies. The information flows of this new reality can only be navigated through hybrid systems based on post-critical rationality, which inherently introduces an irreducible element of uncertainty and risk in human-machine environments. The article proposes examining the techno-subject (...)
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  34. Higher-Order Awareness, Misrepresentation, and Function.David Rosenthal - 2012 - Higher-Order Awareness, Misrepresentation and Function 367 (1594):1424-1438.
    Conscious mental states are states we are in some way aware of. I compare higher-order theories of consciousness, which explain consciousness by appeal to such higher-order awareness (HOA), and first-order theories, which do not, and I argue that higher-order theories have substantial explanatory advantages. The higher-order nature of our awareness of our conscious states suggests an analogy with the metacognition that figures in the regulation of psychological processes and behaviour. I argue that, although both (...)
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  35.  66
    Sex Differences in Disgust: Why Are Women More Easily Disgusted Than Men?Laith Al-Shawaf, David M. G. Lewis & David M. Buss - 2017 - Emotion Review 10 (2):149-160.
    Women have consistently higher levels of disgust than men. This sex difference is substantial in magnitude, highly replicable, emerges with diverse assessment methods, and affects a wide array of outcomes—including job selection, mate choice, food aversions, and psychological disorders. Despite the importance of this far-reaching sex difference, sound theoretical explanations have lagged behind the empirical discoveries. In this article, we focus on the evolutionary-functional level of analysis, outlining hypotheses capable of explaining why women have higher levels of disgust than (...)
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  36.  39
    Child liberationism and legitimate interference.Morrice Lipson & Peter Vallentyne - 1992 - Journal of Social Philosophy 23 (3):5-15.
    Child liberationism holds that children are entitled to more freedom from interference than we currently acknowledge socially or legally. It holds, for example, that "the law [should] grant and guarantee to the young the freedom that it now grants to adults to make certain kinds of choices, do certain kinds of things, and accept certain kinds of responsibilities. This means in turn that the law [should] take action against anyone who interferes with young people's rights to do such things".1 Call (...)
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  37.  8
    Freedom and Economic Order: Capitalism and Socialism in Theory and Practice.Linda C. Raeder - 2018 - Lexington Books.
    The book examines the relation of individual freedom to the economic arrangements of society. It explores both the theory and practice of the competing paradigms of capitalism and socialism, as well as the moral frameworks—justice and social justice—correlative to them.
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  38.  3
    Targeted scientific research and transformation in the professional activity of the scientist.Larysa Ryzhko - 2021 - Filosofska Dumka (Philosophical Thought) 1:149-161.
    Modern science is increasingly focused on research that solves specific technological problems. In the world literature there are different, but generally similar, names for such studies. For example, German and Russian researchers use the term «problem-oriented research», the names «mission-oriented research», research as a response to «great challenges» and «frontier research», «science mode 2» are also used. In Ukraine, particularly in the National Academy of Sciences of Ukraine, the name «targeted research programs» and «targeted scientific (scientific and technical) projects» are (...)
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  39.  30
    Responses of American research universities to issues posed by the changing environment of higher education.Frank A. Schmidtlein & Alton L. Taylor - 1996 - Minerva 34 (3):291-308.
    This study clearly reveals that the benefits ascribed to strategic planning typically are achieved through a variety of means. A formal process that seeks to plan in a comprehensive, linear fashion is likely to be too complicated, politically divisive, expensive and inflexible, and to ignore how decisions are made in a complex, highly decentralised university. While many approaches to planning are used, universities must ensure they provide periodically opportunities for university staff—freed from daily responsibilities—to consider strategic concerns. Accurate and relevant (...)
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  40.  26
    Do we really know how many clinical trials are conducted ethically? Why research ethics committee review practices need to be strengthened and initial steps we could take to strengthen them.Mark Yarborough - 2021 - Journal of Medical Ethics 47 (8):572-579.
    Research Ethics Committees (RECs) play a critical gatekeeping role in clinical trials. This role is meant to ensure that only those trials that meet certain ethical thresholds proceed through their gate. Two of these thresholds are that the potential benefits of trials are reasonable in relation to risks and that trials are capable of producing a requisite amount of social value. While one ought not expect perfect execution by RECs of their gatekeeping role, one should expect routine success in it. (...)
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  41.  70
    Beyond Stakeholder Utility Function: Stakeholder Capability in the Value Creation Process.Elisabet Garriga - 2014 - Journal of Business Ethics 120 (4):489-507.
    In spite of the thousands of articles on stakeholder theory, research on value creation has had a shorter history and narrower breadth. Only a few studies have researched value creation from stakeholder perspective looking at how stakeholders appropiate value or the processes or activities by which stakeholders create value. Consequently to date, certain questions still remain unanswered regarding how a firm should treat stakeholders in order to create value. Several questions arise specifically from the stakeholder's side: What does "value" (...)
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  42.  42
    Republican Equality.Kyle Swan - 2012 - Social Theory and Practice 38 (3):432-454.
    Philosophers attracted to the republican ideal of freedom as nondomination sometimes offer the thought that a state concerned to promote this ideal would be more committed to economic justice than a liberal state pursuing freedom as noninterference. The republican commitment to economic justice is more demanding and its provisions are more substantial. These philosophers overstate republican redistributive commitments. The state need only provide a basic set of capabilities in order to achieve the republican goal, and concerns about domination (...)
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  43.  27
    Der normativ-funktionale Straftatbegriff und sein freiheitsrechtliches Fundament.Freund Georg & Rostalski Frauke - 2022 - Jahrbuch für Recht Und Ethik 30 (1):157-198.
    The paper aims to further concretise our previously proposed normative-functional concept of the criminal offense. It is rooted in a liberal paradigm and guides not only the criminal offense doctrine, which provides for specific criteria to warrant a legitimate verdict and the determination of legal consequences (in the sense of an adequate additional hardship imposed in the context of the sentencing itself). Furthermore, it offers a much-needed refinement in cases where the same act violates more than one criminal statute (Konkurrenzen), (...)
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  44.  45
    Paternalism and Utilitarianism in Research with Human Participants.David B. Resnik - 2012 - Health Care Analysis (1):1-13.
    In this article I defend a rule utilitarian approach to paternalistic policies in research with human participants. Some rules that restrict individual autonomy can be justified on the grounds that they help to maximize the overall balance of benefits over risks in research. The consequences that should be considered when formulating policy include not only likely impacts on research participants, but also impacts on investigators, institutions, sponsors, and the scientific community. The public reaction to adverse events in research (such as (...)
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  45.  64
    Protection under the European Convention on Human Rights – Oasis for Asylum Seekers in Europe?Lyra Jakulevičienė & Vladimiras Siniovas - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):855-899.
    Even though the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) does not explicitly address the rights of asylum seekers and refugees, the case law of the European Human Rights Court (ECtHR) confirms that their rights can be successfully defended under this mechanism. In parallel, in its evolving jurisprudence on asylum the Court of Justice of the European Union (CJEU) refers to the Strasbourg case law, where there is a certain interrelationship between these two jurisdictions, in particular (...)
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    Щастя людини як критерій поступального розвитку українського суспільства.Shkurko Kateryna - 2017 - Схід 4 (150):111-118.
    In the article the author presents a guide to the development of happiness in Ukraine at the stage of its transformation. The author substantiates the importance of taking into account the person's happiness in the integral model of a social organism and the forms of its steady development. Happiness of a person as a universal social value is particularly acute for modern Ukraine in the light of the significant transformations that take place today. Over the past decade, Ukrainian society did (...)
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    Coaching Technology to Prepare Candidates for Leadership Roles in a Variety of Educational Settings.Marianna Shvardak - 2021 - Postmodern Openings 12 (1):201-222.
    In the article the key terms including “coach”, “coaching”, “coaching technology” used in the area of educational leadership are investigated. The purpose, tasks and types of coaching in the educational management are determined. The coaching algorithm as a technology targeted at unlocking the potential of university faculty and staff is explained. The emphasis is placed on the use of coaching principles that ensure effective leadership. The immense potential that coaching technology provides for the educational leadership is considered. The role of (...)
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    For Better or Worse: Commendatory Reasons and Latitude.Margaret Olivia Little & Coleen Macnamara - 2017 - In Mark C. Timmons (ed.), Oxford Studies in Normative Ethics, Vol 7. Oxford University Press. pp. 138-160.
    A striking feature of the life of practical agency is the substantial latitude it includes. One suggestion for how to explain this latitude is that such latitude points to pluralism in the very way that reasons favor: some reasons favor deontically, and other reasons only commend. However, there is a critical question about the comparative lives of such reasons. They presumably admit of different strengths, and are thus capable of ordering options. While one might agree that we have latitude (...)
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  49.  19
    Battlefield Triage.Christopher Bobier & Daniel Hurst - 2024 - Voices in Bioethics 10.
    Photo ID 222412412 © US Navy Medicine | Dreamstime.com ABSTRACT In a non-military setting, the answer is clear: it would be unethical to treat someone based on non-medical considerations such as nationality. We argue that Battlefield Triage is a moral tragedy, meaning that it is a situation in which there is no morally blameless decision and that the demands of justice cannot be satisfied. INTRODUCTION Medical resources in an austere environment without quick recourse for resupply or casualty evacuation are often (...)
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    Foucault on Freedom and Capabilities.Saul Tobias - 2005 - Theory, Culture and Society 22 (4):65-85.
    Within recent scholarship, a long-standing tendency to view Foucault as pessimistic about the possibilities of activism is now being reversed. For many contemporary commentators who emphasize the themes of personal agency, transgression and radical freedom in their assessment of his thought, Foucault offers new possibilities for political practice and for the pursuit of self-determination. However, an examination of Foucault’s work, particularly in the transitional period preceding his so-called ‘ethical’ writings, indicates his appreciation of basic human needs and functions that complicates (...)
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