Results for 'Evan Fox-Decent'

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  1.  37
    The fiduciary constitution of human rights: Evan fox-decent and Evan J. criddle.Evan Fox-Decent - 2009 - Legal Theory 15 (4):301-336.
    We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state's fiduciary duty to provide equal security under the rule of law, a duty that flows from the state's (...)
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  2.  56
    A fiduciary theory of jus cogens.Evan J. Criddle & Evan Fox-Decent - unknown
    For several decades, international law has recognized certain norms such as the prohibitions against genocide, slavery, and military aggression as "jus cogens"- peremptory law which supersedes conflicting international treaties and customs. Despite widespread acceptance of the jus cogens concept, legal theorists continue to debate whether peremptory norms derive their legal authority from state consent, natural law, or the demands of international public order. Anxiety over peremptory norms' legal basis has frustrated efforts to clarify the scope and content of jus cogens, (...)
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  3.  22
    Sovereignty's Promise: The State as Fiduciary.Evan Fox-Decent - 2011 - Oxford University Press.
    Arguing that the state and its people stand in a fiduciary relationship, Sovereignty's Promise puts forward a bold new account of political authority and its legal limits. In doing so it presents a fresh argument for common law constitutionalism and a novel theoretical framework for understanding the requirements of the rule of law.
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  4.  75
    The fiduciary nature of state legal authority.Evan Fox-Decent - manuscript
    The fundamental interaction that triggers a fiduciary obligation is the exercise by one party of discretionary power of an administrative nature over another party's interests, where the latter party is unable, as a matter of fact or law, to exercise the fiduciary's power. The goal of this paper is to demonstrate that there is something "deeply fiduciary" about the interaction between a state and its subjects. The fiduciary nature of this relationship provides the justification for the state's legal authority and (...)
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  5.  91
    Is the rule of law really indifferent to human rights?Evan Fox-Decent - 2008 - Law and Philosophy 27 (6):533 - 581.
    A broad range of scholars contend that the rule of law is indifferent to human rights. I call this view the "no-rights thesis," and attempt to unsettle it. My argument draws on the work of Lon L. Fuller and begins with the idea that the fundamental justification of the rule of law rests on a juridical conception of human agency, one that finds expression in the legal and moral claims that can arise from human agency within the context of legal (...)
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  6.  31
    Deriving peremptory norms from sovereignty.Evan J. Criddle & Evan Fox-Decent - unknown
    In international law, the term "jus cogens" refers to norms that are considered peremptory in the sense that they are mandatory and do not admit derogation. Although the jus cogens concept has achieved widespread acceptance, international legal theory has yet to furnish a satisfying account of jus cogens's legal basis. We argue that peremptory norms are inextricably linked to the sovereign powers assumed by all states. The key to understanding international jus cogens lies in Immanuel Kant 's discussion of the (...)
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  7.  20
    Sovereignty as Trusteeship and Indigenous Peoples.Ian Dahlman & Evan Fox-Decent - 2015 - Theoretical Inquiries in Law 16 (2):507-534.
    We explore two special challenges indigenous peoples pose to the idea of sovereigns as trustees for humanity. The first challenge is rooted in a colonial history during which a trusteeship model of sovereignty served as an enabler of paternalistic colonial policies. The challenge is to show that the trusteeship model is not irreparably colonial in nature. The second challenge, which emerges from the first, is to specify the scope and nature of indigenous peoples’ sovereignty within the trusteeship model. Whereas the (...)
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  8. Constitutional legitimacy unbound.Evan Fox-Decent - 2016 - In David Dyzenhaus & Malcolm Thorburn (eds.), Philosophical Foundations of Constitutional Law. Oxford University Press UK.
     
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  9.  33
    Fashioning legal authority from power: The crown-native fiduciary relationship.Evan Fox-Decent - manuscript
    The prevailing view in Canada of the Crown-Native fiduciary relationship is that it arose as a consequence of the Crown taking on the role of intermediary between First Nations and British settlers eager to acquire Aboriginal lands. First Nations are sometimes deemed to have surrendered their sovereignty in exchange for Crown protection. The author suggests that the sovereignty-for-protection argument does not supply a compelling account of how Aboriginal peoples lost their sovereignty to the Crown. Furthermore, Aboriginal treaties compel the courts (...)
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  10. Hobbes' relational theory : beneath power and consent.Evan Fox-Decent - 2012 - In David Dyzenhaus & Thomas Poole (eds.), Hobbes and the law. New York: Cambridge University Press.
  11.  37
    Parliamentary privilege and the rule of law.Evan Fox-Decent - manuscript
    Parliamentary privilege immunises certain activities of legislative bodies and their members from the ordinary law and judicial scrutiny. The rule of law, on the other hand, insists that everyone - including public officials - is subject to the law. Moreover, the rule of law is usually understood to involve judicial review of executive rather than legislative action. Thus, parliamentary privilege seems to establish a public sphere that is beyond the rule of law. Notwithstanding the tension that appears between these two (...)
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  12.  22
    The charter and administrative law: Cross-fertilization in public law.Evan Fox-Decent - manuscript
    The relationship between Canadian administrative law and the Canadian Charter of Rights and Freedoms is complex and still unfolding. If a decision touches a Charter right, frontline decision-makers and reviewing courts alike determine the requirements of legality using the Charter, administrative law principles, or some combination of the two. There is an emerging consensus that the Charter does not replace the common law, but rather embodies and supplements fundamental legal principles contained within it.This chapter sets out various ways in which (...)
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  13.  52
    Why self-ownership is prescriptively impotent.Evan Fox-Decent - 1998 - Journal of Value Inquiry 32 (4):489-506.
    The self-ownserhip thesis claims that people are the rightful owners of themselves, and that as a consequence that are entitled to do as they please, and appropriate what they will, just so long as they do not harm others. I argue that this no-harm proviso is problematic in that our best conception of harm is not that A harms B if, and only if, A makes B worse off, but rather that A harms B if, and only if, A's action (...)
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  14.  81
    Review of Sovereignty’s Promise: The State as Fiduciary by Evan Fox-Decent[REVIEW]Matthew Lister - 2012 - Ethics 123 (1):150-4.
    In Sovereignty’s Promise: The State as Fiduciary, Evan Fox-Decent uses the idea of fiduciary relationships to explain the legitimate exercise of governmental authority. He makes use of the idea of the state as a fiduciary for the people to ground an account of the duty to obey the law, to explain the proper relationships between colonial (or “settler”) societies and aboriginal populations, the role of agency discretion and judicial review in the administrative state, the rule of law, the (...)
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  15. Affective neuroscience of self-generated thought.Kieran C. R. Fox, Jessica R. Andrews-Hanna, Caitlin Mills, Matthew L. Dixon, Jelena Markovic, Evan Thompson & Kalina Christoff - 2018 - Annals of the New York Academy of Sciences 1426 (1):25-51.
    Despite increasing scientific interest in self-generated thought-mental content largely independent of the immediate environment-there has yet to be any comprehensive synthesis of the subjective experience and neural correlates of affect in these forms of thinking. Here, we aim to develop an integrated affective neuroscience encompassing many forms of self-generated thought-normal and pathological, moderate and excessive, in waking and in sleep. In synthesizing existing literature on this topic, we reveal consistent findings pertaining to the prevalence, valence, and variability of emotion in (...)
     
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  16.  54
    Book ReviewsFox-Decent, Evan. Sovereignty’s Promise: The State as Fiduciary.Oxford: Oxford University Press, 2011. Pp. 283. $99.00. [REVIEW]Matthew Lister - 2012 - Ethics 123 (1):150-154.
  17.  29
    A decent proposal: ethical review of clinical research.Donald Evans - 1996 - New York, N.Y.: Wiley. Edited by Martyn Evans.
    A Decent Proposal: Ethical Review of Clinical Research Donald Evans and Martyn Evans Centre for Philosophy and Health Care University of Wales Swansea, UK The investigation and development of modern medicines and medical technology can create numerous ethical dilemmas both for clinical researchers and research ethics committees. A Decent Proposal: Ethical Review of Clinical Research seeks to facilitate and encourage good clinical research by exploring the concerns, responsibilities, general issues and particular pitfalls associated with ethical aspects of research. (...)
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  18.  35
    Religion, meaning, and identity in women's writing.Elizabeth Fox-Genovese - 2008 - Common Knowledge 14 (1):16-28.
    This text of Elizabeth Fox-Genovese's is published posthumously in the context of pieces dedicated to her memory. It is unclear whether she intended it for eventual publication or whether she had intended it as a lecture; nor is there decisive evidence for a date of composition. In it, she reviews the stance of feminist literary criticism toward religion and finds it to be generally negative. She regrets that feminist critics see in religion mostly a means of subordinating women to men, (...)
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  19.  7
    ‘What Am I Going to Do with My Philodendron?’ Looking at a Plant in Desk Set.Georgina Evans - 2023 - Philosophies 8 (1):9.
    _Desk Set_, a 1957 20th Century Fox studio comedy, made with the sponsorship of IBM, charts the relationship between a reference librarian, Bunny Watson, and Richard Sumner, the inventor of a computer which appears to threaten her job. The film displays a thriving philodendron within Bunny’s skyscraper office, illustrating her organic style of thinking, and implicitly inviting us to see the plant in opposition to the computer. The suggestion that the plant is in some sense excessive, claiming attention beyond the (...)
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  20.  21
    Art in the Frame: Spiritual America and the Ethics of Images.Mihail Evans - 2015 - Journal of Aesthetics and Phenomenology 2 (2):143-170.
    The recent removal of the Richard Prince’s artwork Spiritual America from the Tate Modern’s “Pop Life: Art in a Material World” exhibition is the most recent and high-profile case of a work of art being withdrawn from a gallery in the UK on the grounds that it has allegedly breached legislation concerning indecent images of children. Surprisingly, the issue has been hardly considered by academics from law departments and is almost entirely ignored by philosophers specializing in aesthetics and ethics. This (...)
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  21.  47
    A Kantian Cognitive Architecture.Richard Evans - 2019 - In Matteo Vincenzo D'Alfonso & Don Berkich (eds.), On the Cognitive, Ethical, and Scientific Dimensions of Artificial Intelligence. Springer Verlag. pp. 233-262.
    In this paper, I reinterpret Kant’s Transcendental Analytic as a description of a cognitive architecture. I describe a computer implementation of this architecture, and show how it has been applied to two unsupervised learning tasks. The resulting program is very data efficient, able to learn from a tiny handful of examples. I show how the program achieves data-efficiency: the constraints described in the Analytic of Principles are reinterpreted as strong prior knowledge, constraining the set of possible solutions.
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  22. Mind in Life: Biology, Phenomenology, and the Sciences of Mind.Evan Thompson - 2007 - Cambridge, Mass.: Harvard University Press.
    The question has long confounded philosophers and scientists, and it is this so-called explanatory gap between biological life and consciousness that Evan ...
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  23.  6
    Ontologie de la chair: phantasmes philosophiques et médicaux de la conceptualisation narrative.Mélissa Fox-Muraton - 2013 - Limoges: Lambert-Lucas.
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  24. The question of identity from a comparative education perspective.Christine Fox - 2007 - In Robert F. Arnove & Carlos Alberto Torres (eds.), Comparative education: the dialectic of the global and the local. Lanham, MD: Rowman & Littlefield.
     
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  25.  61
    White trash alchemies of the abject sublime : Country as "bad" music.Aaron A. Fox - 2004 - In Christopher Washburne & Maiken Derno (eds.), Bad music: the music we love to hate. New York: Routledge. pp. 39.
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  26.  11
    Engagements with contemporary literary and critical theory.Evan Gottlieb - 2020 - New York: Routledge, Taylor & Francis Group.
    Engagements with Contemporary Literary and Critical Theory is a wide-ranging but accessible introduction that illuminates the field of theory through a variety of useful and relevant examples. Covering all key theories and theorists, this book looks at the relation of theory to form, discourses, subjectivity, media and networks, and environments. Organized thematically, Engagements with Contemporary Literary and Critical Theory illuminates the field by focusing on the concepts and methodologies of key thinkers, while also providing historical introductions that contextualize the latest (...)
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  27. Self, no self?: perspectives from analytical, phenomenological, and Indian traditions.Mark Siderits, Evan Thompson & Dan Zahavi (eds.) - 2011 - Oxford: Oxford University Press.
    It is time to bring the rich resources of these traditions into the contemporary debate about the nature of self. This volume is the first of its kind.
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  28.  32
    Rationality and Intelligence.J. St B. T. Evans - 1987 - British Journal of Educational Studies 35 (1):74-76.
  29.  5
    Finding Oz: how L. Frank Baum discovered the great American story.Evan I. Schwartz - 2009 - Boston: Houghton Mifflin Harcourt.
    Finding Oz tells the remarkable story behind one of the world’s most enduring and best-loved books. Offering profound new insights into the true origins and meaning of L. Frank Baum’s 1900 masterwork, it delves into the personal turmoil and spiritual transformation that fueled Baum’s fantastical parable of the American Dream. Before becoming an impresario of children’s adventure tales, the J. K. Rowling of his age, Baum failed at a series of careers and nearly lost his soul before setting out on (...)
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  30. Marrying the Premodern to the Postmodern: Computers and organisms after World War II.Evelyn Fox Keller & M. N. Wise - 2004 - In M. Norton Wise (ed.), Growing explanations: historical perspectives on recent science. Durham: Duke University Press.
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  31. Neurophenomenology: An introduction for neurophilosophers.Evan Thompson, A. Lutz & D. Cosmelli - 2005 - In Andrew Brook & Kathleen Akins (eds.), Cognition and the Brain: The Philosophy and Neuroscience Movement. Cambridge University Press. pp. 40.
    • An adequate conceptual framework is still needed to account for phenomena that (i) have a first-person, subjective-experiential or phenomenal character; (ii) are (usually) reportable and describable (in humans); and (iii) are neurobiologically realized.2 • The conscious subject plays an unavoidable epistemological role in characterizing the explanadum of consciousness through first-person descriptive reports. The experimentalist is then able to link first-person data and third-person data. Yet the generation of first-person data raises difficult epistemological issues about the relation of second-order awareness (...)
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  32.  5
    Collected essays on philosophy and on Judaism.Marvin Fox & Jacob Neusner - 2001 - Binghamton, N.Y.: Global Publications. Edited by Jacob Neusner.
    A selection of his more important writings.
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  33.  26
    Symbols of harm, literacies of hope.Roy Fox - 2012 - Human Affairs 22 (2):256-262.
    The author argues that our best hope for addressing world problems (from climate change to violence, to poverty) is to teach critical thinking through the study of language and all symbol systems. This means removing disciplinary boundaries so that we can focus more effectively on solving common problems. Human survival also depends upon our critical analysis of electronic media and our wise uses of technology. Critical thinking via all symbol systems is more likely to generate humane actions. Therefore, education—not governments (...)
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  34.  6
    Postphenomenology: A Critical Companion to Ihde.Evan Selinger (ed.) - 2006 - State University of New York Press.
    Critically engages the work of the philosopher Don Ihde.
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  35.  78
    Paradigms for Clinical Ethics Consultation Practice.Mark D. Fox, Glenn Mcgee & Arthur Caplan - 1998 - Cambridge Quarterly of Healthcare Ethics 7 (3):308-314.
    Clinical bioethics is big business. There are now hundreds of people who bioethics in community and university hospitals, nursing homes, rehabilitation and home care settings, and some who play the role of clinical ethics consultant to transplant teams, managed care companies, and genetic testing firms. Still, there is as much speculation about what clinically active bioethicists actually do as there was ten years ago. Various commentators have pondered the need for training standards, credentials, exams, and malpractice insurance for ethicists engaged (...)
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  36. Erin McKenna and Andrew Light, eds., Animal Pragmatism: Rethinking Human-Nonhuman Relationships Reviewed by.Michael Allen Fox - 2005 - Philosophy in Review 25 (6):408-412.
     
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  37. Julian H. Franklin, Animal Rights and Moral Philosophy Reviewed by.Michael Allen Fox - 2005 - Philosophy in Review 25 (6):408-412.
     
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  38.  3
    Religion and morality, their nature and mutual relations, historically and doctrinally considered.James Joseph Fox - 1899 - New York,: W.H. Young & company.
    This Is A New Release Of The Original 1899 Edition.
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  39. Behavior genetics and postgenomics.Evan Charney - 2012 - Behavioral and Brain Sciences 35 (5):331-358.
    The science of genetics is undergoing a paradigm shift. Recent discoveries, including the activity of retrotransposons, the extent of copy number variations, somatic and chromosomal mosaicism, and the nature of the epigenome as a regulator of DNA expressivity, are challenging a series of dogmas concerning the nature of the genome and the relationship between genotype and phenotype. According to three widely held dogmas, DNA is the unchanging template of heredity, is identical in all the cells and tissues of the body, (...)
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  40.  69
    Examining American Bioethics: Its Problems and Prospects.Renée C. Fox & Judith P. Swazey - 2005 - Cambridge Quarterly of Healthcare Ethics 14 (4):361-373.
    In 1986, philosopher-bioethicist Samuel Gorovitz published an essay entitled “Baiting Bioethics,” in which he reported on various criticisms of bioethics that were “in print, or voiced in and around … the field” at that time, and set forth his assessment of their legitimacy. He gave detailed attention to what he judged to be the particularly fierce and “irresponsible attacks” on “the moral integrity” and soundness of bioethics contained in two papers: “Getting Ethics” by philosopher William Bennett and “Medical Morality Is (...)
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  41. Desert and Economic Interdependence.Evan Behrle - forthcoming - Journal of Philosophy.
    Outside of philosophy, the idea that workers deserve to be paid according to their productive contributions is very popular. But political philosophers have given it relatively little attention. In this paper, I argue against the attempt to use this idea about desert and contribution to vindicate significant income inequality. I claim that the inegalitarian invocation of reward according to contribution fails on its own terms when the following condition holds: the size of each worker's contribution depends on what others only (...)
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  42.  13
    Post-truth: why we have reached peak bullshit and what we can do about it.Evan Davis - 2017 - London: Little, Brown.
    Low-level dishonesty is rife everywhere, in the form of exaggeration, selective use of facts, economy with the truth, careful drafting - from Trump and the Brexit debate to companies that tell us 'your call is important to us'. How did we get to a place where bullshit is not just rife but apparently so effective that it's become the communications strategy of our times? This brilliantly insightful book steps inside the panoply of deception employed in all walks of life and (...)
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  43.  24
    VIRT 2 UE: A European train-the-trainer programme for teaching research integrity.Natalie Evans, Armin Schmolmueller, Margreet Stolper, Giulia Inguaggiato, Astrid Hooghiemstra, Ruzica Tokalic, Daniel Pizzolato, Nicole Foeger, Ana Marušić, Marc van Hoof, Dirk Lanzerath, Bert Molewijk, Kris Dierickx & Guy Widdershoven on - 2024 - Research Ethics 20 (2):187-209.
    Universities and other research institutions are increasingly providing additional training in research integrity to improve the quality and reliability of research. Various training courses have been developed, with diverse learning goals and content. Despite the importance of training that focuses on moral character and professional virtues, there remains a lack of training that adopts a virtue ethics approach. To address this, we, a European Commission-funded consortium, have designed a train-the-trainer programme for research integrity. The programme is based on (1) virtue (...)
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  44.  7
    Principles shaping grammatical practices: an exploration.Barbara A. Fox - 2007 - Discourse Studies 9 (3):299-318.
    This article explores the principles of interaction that shape grammatical practices of conversational speech cross-linguistically. Seven such principles are explored, and the grammatical practices they give rise to are illustrated. The role of these principles in shaping non-linguistic behavior is also touched on.
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  45. Country Music and the Problem of Authenticity.Evan Malone - 2023 - British Journal of Aesthetics 63 (1):75-90.
    In the small but growing literature on the philosophy of country music, the question of how we ought to understand the genre’s notion of authenticity has emerged as one of the central questions. Many country music scholars argue that authenticity claims track attributions of cultural standing or artistic self-expression. However, careful attention to the history of the genre reveals that these claims are simply factually wrong. On the basis of this, we have grounds for dismissing these attributions. Here, I argue (...)
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  46.  25
    The bioethics that I would like to see.Renée C. Fox - 2008 - Clinical Ethics 3 (1):25-26.
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  47.  22
    Normativity, Unity, and the Semiotics of Esthetic Experience in Peirce and Dewey.Jason Barrett-Fox - 2004 - Semiotics:71-77.
  48.  28
    Peirce and Bakhtin.Jason Barrett-Fox - 2004 - American Journal of Semiotics 20 (1-4):179-192.
    Serving as an analysis of some of the major connections between Charles S. Peirce and Mikhail Bakhtin, this paper demonstrates that each thinker’s reliance on a triadic model can be incorporated to explain the analogous relationship between the dialogical movement within the sign vehicle and without it. Inside the sign, the dialogical relationship between the immediate and dynamical objects transposes its form onto what becomes Bakhtin’s dialogical model of consciousness with its centripetal and centrifugalvalences. These are pulls within a consciousness (...)
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  49.  5
    Peirce and Bakhtin.Jason Barrett-Fox - 2004 - American Journal of Semiotics 20 (1-4):179-192.
    Serving as an analysis of some of the major connections between Charles S. Peirce and Mikhail Bakhtin, this paper demonstrates that each thinker’s reliance on a triadic model can be incorporated to explain the analogous relationship between the dialogical movement within the sign vehicle and without it. Inside the sign, the dialogical relationship between the immediate and dynamical objects transposes its form onto what becomes Bakhtin’s dialogical model of consciousness with its centripetal and centrifugalvalences. These are pulls within a consciousness (...)
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  50.  8
    Publications about Women, Science, and Engineering: Use of Sex and Gender in Titles over a Forty-six-year Period.Mary Frank Fox, Diana Roldan Rueda, Gerhard Sonnert, Amanda Nabors & Sarah Bartel - 2022 - Science, Technology, and Human Values 47 (4):774-814.
    This article focuses on key features of the use of sex and gender in titles of articles about women, science, and engineering over an important forty-six-year period. The focus is theoretically and empirically consequential. Theoretically, the paper addresses science as a critical case that connects femininity/masculinity to social stratification; and the use of sex and gender as an enduring, analytical issue that reveals perspectives on hierarchies of femininity/masculinity. Empirically, this article identifies the emergence, development, and stabilization of published articles about (...)
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