Results for 'Benjamin Yost'

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  1. The Impermissibility of Execution.Benjamin S. Yost - 2022 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 747-769.
    This chapter offers a proceduralist argument against capital punishment. More specifically, it contends that the possibility of irrevocable mistakes precludes the just administration of the death penalty. At stake is a principle of political morality: legal institutions must strive to remedy their mistakes and to compensate those who suffer from wrongful sanctions. The incompatibility of remedy and execution is the crux of the irrevocability argument: because the wrongly executed cannot enjoy the morally required compensation, execution is impermissible. Along with defending (...)
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  2. Capital Punishment.Benjamin S. Yost - 2023 - In Mortimer Sellars & Stephan Kirste (eds.), Encyclopedia of the Philosophy of Law and Social Philosophy. Dordrecht: Springer. pp. 1-9.
    Capital punishment—the legally authorized killing of a criminal offender by an agent of the state for the commission of a crime—stands in special need of moral justification. This is because execution is a particularly severe punishment. Execution is different in kind from monetary and custodial penalties in an obvious way: execution causes the death of an offender. While fines and incarceration set back some of one’s interests, death eliminates the possibility of setting and pursuing ends. While fines and incarceration narrow (...)
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  3. Kant's Demonstration of Free Will, Or, How to Do Things with Concepts.Benjamin S. Yost - 2016 - Journal of the American Philosophical Association 2 (2):291-309.
    Kant famously insists that free will is a condition of morality. The difficulty of providing a demonstration of freedom has left him vulnerable to devastating criticism: critics charge that Kant's post-Groundwork justification of morality amounts to a dogmatic assertion of morality's authority. My paper rebuts this objection, showing that Kant offers a cogent demonstration of freedom. My central claim is that the demonstration must be understood in practical rather than theoretical terms. A practical demonstration of x works by bringing x (...)
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  4.  20
    Standing to Punish the Disadvantaged.Benjamin S. Yost - 2023 - Criminal Law and Philosophy 17 (3):711-733.
    Many philosophers and legal theorists worry about punishing the socially disadvantaged as severely as their advantaged counterparts. One philosophically popular explanation of this concern is couched in terms of moral standing: seriously unjust states are said to lack standing to condemn disadvantaged offenders. If this is the case, institutional condemnation of disadvantaged offenders (especially via hard treatment) will often be unjust. I describe two problems with canonical versions of this view. First, its proponents groundlessly claim that disadvantaged offenders may be (...)
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  5. Kant's Justification of the Death Penalty Reconsidered.Benjamin S. Yost - 2010 - Kantian Review 15 (2):1-27.
    This paper argues that Immanuel Kant’s practical philosophy contains a coherent, albeit implicit, defense of the legitimacy of capital punishment, one that refutes the most important objections leveled against it. I first show that Kant is consistent in his application of the ius talionis. I then explain how Kant can respond to the claim that death penalty violates the inviolable right to life. To address the most significant objection – the claim that execution violates human dignity – I argue that (...)
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  6. Sentencing Leniency for Black Offenders: A Procedural Defense.Benjamin S. Yost - 2021 - In Michael Cholbi, Brandon Hogan, Alex Madva & Benjamin S. Yost (eds.), The Movement for Black Lives: Philosophical Perspectives. New York, NY: Oxford University Press, Usa.
    In response to the racial disparities that plague the American criminal justice system, the Movement for Black Lives calls for an end to policing and punishment “as we know it.” But refusing to punish violent offenses leaves unprotected those most vulnerable to crime, and outright abolition thus appears to undermine black rights and liberties. I call this the decarceration dilemma. After discussing Tommie Shelby and Christopher Lewis’s attempts to resolve the dilemma, I offer my own, which employs a procedural rather (...)
     
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  7. Against Capital Punishment.Benjamin Schertz Yost - 2019 - New York: Oxford University Press.
    _Against Capital Punishment_ offers an innovative proceduralist argument against the death penalty. Worries about procedural injustice animate many popular and scholarly objections to capital punishment. Philosophers and legal theorists are attracted to procedural abolitionism because it sidesteps controversies over whether murderers deserve death, holding out a promise of gaining rational purchase among death penalty retentionists. Following in this path, the book remains agnostic on the substantive immorality of execution; in fact, it takes pains to reconstruct the best arguments for capital (...)
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  8.  26
    Standing to Punish the Disadvantaged.Benjamin S. Yost - 2022 - Criminal Law and Philosophy (3):1-23.
    Many philosophers and legal theorists worry about punishing the socially disadvantaged as severely as their advantaged counterparts. One philosophically popular explanation of this concern is couched in terms of moral standing: seriously unjust states are said to lack standing to condemn disadvantaged offenders. If this is the case, institutional condemnation of disadvantaged offenders (especially via hard treatment) will often be unjust. I describe two problems with canonical versions of this view. First, its proponents groundlessly claim that disadvantaged offenders may be (...)
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  9. The Irrevocability of Capital Punishment.Benjamin S. Yost - 2011 - Journal of Social Philosophy 42 (3):321-340.
    One of the many arguments against capital punishment is that execution is irrevocable. At its most simple, the argument has three premises. First, legal institutions should abolish penalties that do not admit correction of error, unless there are no alternative penalties. Second, irrevocable penalties are those that do not admit of correction. Third, execution is irrevocable. It follows that capital punishment should be abolished. This paper argues for the third premise. One might think that the truth of this premise is (...)
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  10. Lowering the Boom: A Brief for Penal Leniency.Benjamin S. Yost - 2023 - Criminal Law and Philosophy 17 (2):251-270.
    This paper advocates for a general policy of penal leniency: judges should often sentence offenders to a punishment less severe than initially preferred. The argument’s keystone is the relatively uncontroversial Minimal Invasion Principle (MIP). MIP says that when more than one course of action satisfies a state’s legitimate aim, only the least invasive is permissibly pursued. I contend that MIP applies in two common sentencing situations. In the first, all sentences within a statutorily specified range are equally proportionate. Here MIP (...)
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  11. Responsibility and revision: a Levinasian argument for the abolition of capital punishment.Benjamin S. Yost - 2011 - Continental Philosophy Review 44 (1):41-64.
    Most readers believe that it is difficult, verging on the impossible, to extract concrete prescriptions from the ethics of Emmanuel Levinas. Although this view is largely correct, Levinas’ philosophy can, with some assistance, generate specific duties on the part of legal actors. In this paper, I argue that the fundamental premises of Levinas’ theory of justice can be used to construct a prohibition against capital punishment. After analyzing Levinas’ concepts of justice, responsibility, and interruption, I turn toward his scattered remarks (...)
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  12. Kant's Theory of Motivation: A Hybrid Approach.Benjamin S. Yost - 2017 - Review of Metaphysics 71 (2):293-319.
    To vindicate morality against skeptical doubts, Kant must show that agents can be moved to act independently of their sensible desires. Kant must therefore answer a motivational question: how does an agent get from the cognition that she ought to act morally to acting morally? Affectivist interpretations of Kant hold that agents are moved to act by feelings, while intellectualists appeal to cognition alone. To overcome the significant shortcomings of each view, I develop a hybrid theory of motivation. My central (...)
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  13. Punishment, Desert, and Equality: A Levinasian Analysis.Benjamin S. Yost - 2015 - In Lisa Guenther, Geoffrey Adelsberg & Scott Zeman (eds.), Death and Other Penalties: Philosophy in a Time of Mass Incarceration. Fordham UP.
    The first part of this chapter defends the claim that the over-incarceration of disadvantaged social groups is unjust. Many arguments for penal reform are based on the unequal distribution of punishment, most notably disproportionate punishment of the poor and people of color. However, some philosophers use a noncomparative conception of desert to argue that the justice of punishment is independent of its distribution. On this view, which has significant influence in 14th Amendment jurisprudence, unequal punishment is not unjust. After detailing (...)
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  14. Rule of Law Abolitionism.Benjamin S. Yost - 2008 - Studies in Law, Politics, and Society.
  15. What's Wrong with Differential Punishment?Benjamin S. Yost - 2017 - Utilitas 29 (3):257-285.
    Half of the drug offenders incarcerated in the United States are black, even though whites and blacks use and sell drugs at the same rate, and blacks make up only 13 percent of the population. Noncomparativists about retributive justice see nothing wrong with this picture; for them, an offender’s desert is insensitive to facts about other offenders. By contrast, comparativists about retributive justice assert that facts about others can partially determine an offender’s desert. Not surprisingly, comparativists, especially comparative egalitarians, contend (...)
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  16.  5
    Punishment, Desert, and Equality: A Levinasian Analysis.Benjamin S. Yost - 2015 - In Lisa Guenther, Geoffrey Adelsberg & Scott Zeman (eds.), Death and Other Penalties: Philosophy in a Time of Mass Incarceration. Fordham UP. pp. 139-157.
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  17.  68
    Kant on Moral Autonomy. [REVIEW]Benjamin S. Yost - 2015 - Philosophical Review 124 (2):263-268.
  18.  65
    The Movement for Black Lives: Philosophical Perspectives.Michael Cholbi, Brandon Hogan, Alex Madva & Benjamin S. Yost (eds.) - 2021 - New York, NY: Oxford University Press, Usa.
    The Movement for Black Lives has gained worldwide visibility as a grassroots social justice movement distinguished by a decentralized, non-hierarchal mode of organization. MBL rose to prominence in part thanks to its protests against police brutality and misconduct directed at black Americans. However, its animating concerns are far broader, calling for a wide range of economic, political, legal, and cultural measures to address what it terms a “war against Black people,” as well as the “shared struggle with all oppressed people.” (...)
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  19.  13
    Review of Benjamin S. Yost, "Against Capital Punishment".Thom Brooks - 2023 - Ethics 133 (4):662-666.
  20.  16
    Review of The Movement for Black Lives: Philosophical Perspectives, Brandon Hogan, Michael Cholbi, Alex Madva, and Benjamin S. Yost, eds. Oxford: Oxford University Press, 2021. [REVIEW]Andrew Valls - 2023 - Criminal Law and Philosophy 17 (2):513-521.
    The Movement for Black Lives: Philosophical Perspectives is a welcome intervention into the ongoing discourse, both public and academic, on the issues of raised by the movement. The book will be of great interest to scholars interested in philosophical issues surrounding racial inequality and it is also suitable for adoption in advanced undergraduate and graduate courses. This volume is evidence of the fruitfulness of philosophical reflection on and engagement with social movements, as well as being an important contribution to the (...)
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    Review of Michael Cholbi, Brandon Hogan, Alex Madva and Benjamin S. Yost: The Movement for Black Lives: Philosophical Perspectives[REVIEW]Daniel Fryer - 2023 - Ethics 134 (2):290-295.
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  22. Odors: from chemical structures to gaseous plumes.Benjamin D. Young, James A. Escalon & Dennis Mathew - 2020 - Neuroscience and Biobehavioral Reviews 111:19-29.
    We are immersed within an odorous sea of chemical currents that we parse into individual odors with complex structures. Odors have been posited as determined by the structural relation between the molecules that compose the chemical compounds and their interactions with the receptor site. But, naturally occurring smells are parsed from gaseous odor plumes. To give a comprehensive account of the nature of odors the chemosciences must account for these large distributed entities as well. We offer a focused review of (...)
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  23. 53 Benjamin buchloh.Benjamin Buchloh - 2007 - In Diarmuid Costello & Jonathan Vickery (eds.), Art: key contemporary thinkers. New York: Berg. pp. 53.
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  24. Rethinking the role of the rTPJ in attention and social cognition in light of the opposing domains hypothesis: findings from an ALE-based meta-analysis and resting-state functional connectivity.Benjamin Kubit & Anthony I. Jack - 2013 - Frontiers in Human Neuroscience 7.
    The right temporo-parietal junction (rTPJ) has been associated with two apparently disparate functional roles: in attention and in social cognition. According to one account, the rTPJ initiates a “circuit-breaking” signal that interrupts ongoing attentional processes, effectively reorienting attention. It is argued this primary function of the rTPJ has been extended beyond attention, through a process of evolutionarily cooption, to play a role in social cognition. We propose an alternative account, according to which the capacity for social cognition depends on a (...)
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  25. 9. The Task of the Translator.Walter Benjamin - 2012 - In John Biguenet & Rainer Schulte (eds.), Theories of Translation: An Anthology of Essays From Dryden to Derrida. University of Chicago Press. pp. 71-82.
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  26.  63
    Professor Malcolm on dreaming and scepticism--I.R. M. Yost Jr - 1959 - Philosophical Quarterly 9 (35):142-151.
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  27.  43
    Professor Malcolm on dreaming and Scepticism--II.R. M. Yost Jr - 1959 - Philosophical Quarterly 9 (36):231-243.
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  28.  53
    Price on appearing and appearances.R. M. Yost - 1964 - Journal of Philosophy 61 (11):328-334.
  29.  58
    Professor price on perspectival illusion.R. M. Yost - 1962 - Philosophical Review 71 (2):202-217.
  30. Cheating Death in Damascus.Benjamin A. Levinstein & Nate Soares - 2020 - Journal of Philosophy 117 (5):237-266.
    Evidential Decision Theory and Causal Decision Theory are the leading contenders as theories of rational action, but both face counterexamples. We present some new counterexamples, including one in which the optimal action is causally dominated. We also present a novel decision theory, Functional Decision Theory, which simultaneously solves both sets of counterexamples. Instead of considering which physical action of theirs would give rise to the best outcomes, FDT agents consider which output of their decision function would give rise to the (...)
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  31.  76
    Private property and environmental ethics:. Some new directions.Benjamin Hale - 2008 - Metaphilosophy 39 (3):402–421.
    This article argues that teachers of environmental ethics must more aggressively entertain questions of private property in their work and in their teaching. To make this case, it first introduces the three primary positions on property: occupation arguments, labor theory of value arguments, and efficiency arguments. It then contextualizes these arguments in light of the contemporary U.S. wise-use movement, in an attempt to make sense of the concerns that motivate wise-use activists, and also to demonstrate how intrinsic value arguments miss (...)
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  32.  7
    The essentials of style: a handbook for seeing and being seen.Benjamin Sells - 2022 - Thompson, Conn.: Spring Publications.
    Sells encourages a radical departure from the usual introspection and self-centeredness of psychology in our time. By placing style first, Sells argues that we must turn our eyes and minds outward to the greater world. Emphasizing beauty over emotion and appreciation over feeling, he attempts to break the stranglehold of the self so as to reconstitute our proper place among the many things of the world.
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  33.  3
    Lévy-Bruhl, ou, Le métaphysicien malgré lui.Benjamin Fondane - 2019 - [Paris, France]: Éditions de l'Éclat. Edited by Serge Nicolas & Dominique Guedj.
    Dans ce long inédit, Benjamin Fondane révèle les implications philosophiques révolutionnaires qui découlent des travaux de Lévy-Bruhl (1857-1939) sur la mentalité primitive. En mettant à jour les mécanismes d'une logique différente, Lévy-Bruhl fait voler en éclat l'universalité de la logique d'Aristote sur laquelle repose notre pensée occidentale. Dès lors cette logique n'est rien d'autre qu'une arme politique qui fonde l'hégémonie de la rationalité.0La démonstration de Fondane est implacable et bouleverse notre conception de la philosophie. Il nous incite à reconsidérer (...)
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  34.  2
    La conscience malheureuse.Benjamin Fondane - 1980 - [Paris]: Non lieu. Edited by Olivier Salazar-Ferrer & N. Monseu.
    La Conscience malheureuse est un ouvrage majeur de la philosophie existentielle des années trente. Jeune poète et critique roumain expatrié en France en 1923, Benjamin Fondane (1898-1944) fait partie de ces auteurs hantés par l'absence de Dieu dans la culture rationaliste moderne marquée par le positivisme. D'abord proche de l'esprit subversif du dadaïsme, il identifie rapidement sa révolte par l'absurde à la démarche ironique et irrationaliste du philosophe russe émigré en France Léon Chestov. C'est l'adhésion sans conditions à sa (...)
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  35. Pro Tanto Rights and the Duty to Save the Greater Number.Benjamin Kiesewetter - 2023 - Oxford Studies in Normative Ethics 13:190-214.
    This paper has two aims. The first is to present and defend a new argument for rights contributionism – the view that the notion of a moral claim-right is a contributory (or pro tanto) rather than overall normative notion. The argument is an inference to the best explanation: it is argued that (i) there are contributory moral factors that contrast with standard moral reasons by way of having a number of formal properties that are characteristic of rights, even though they (...)
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  36. Gwaedd Uwch Gwlad; Neu Yr Udgorn Yn Chwythu Ei Sain I'r Frwydr, Cyhoeddedig Gan B. James.Benjamin Boanerges & James - 1843
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  37. The paradoxes of legal sciences.Benjamin Nathan Cardozo - 1928 - New York,: Columbia University Press.
    Introduction. Rest and motion. Stability and progress.--The meaning of justice. The science of values.--The equilibration of interests. Cause and effect. The individual and society. Liberty and government.--Liberty and government. Conclusion.
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  38.  4
    A Humane Case for Moral Intuition.Benjamin S. Llamzon (ed.) - 1993 - BRILL.
    The book contends that contrary to accepted interpretation, moral intuition, rather than any other form of reasoning, least of all formal logic, is the moral method found in the ethics of Aristotle, Aquinas, Kant and Dewey - the first four chapters of the book. These four thinkers represent a dialectical selection of ethical relativism and absolutism as well as a chronological succession from ancient to contemporary thought. The fifth and concluding chapter is a major presentation of the author's thesis on (...)
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  39. Perceiving Smellscapes.Benjamin D. Young - 2020 - Pacific Philosophical Quarterly 101 (2):203-223.
    We perceive smells as perduring complex entities within a distal array that might be conceived of as smellscapes. However, the philosophical orthodoxy of Odor Theories has been to deny that smells are perceived as having a distal location. Recent challenges have been mounted to Odor Theories’ veracity in handling the timescale of olfactory perception, how it individuates odors as a distal entities, and their claim that olfactory perception is not spatial. The paper does not aim to dispute these criticisms. Rather, (...)
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  40. The Etiquette of Equality.Benjamin Eidelson - 2023 - Philosophy and Public Affairs 51 (2):97-139.
    Many of the moral and political disputes that loom large today involve claims (1) in the register of respect and offense that are (2) linked to membership in a subordinated social group and (3) occasioned by symbolic or expressive items or acts. This essay seeks to clarify the nature, stakes, and characteristic challenges of these recurring, but often disorienting, conflicts. Drawing on a body of philosophical work elaborating the moral function of etiquette, I first argue that the claims at issue (...)
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  41.  59
    Back to the future: Autobiographical planning and the functionality of mind-wandering.Benjamin Baird, Jonathan Smallwood & Jonathan W. Schooler - 2011 - Consciousness and Cognition 20 (4):1604-1611.
    Given that as much as half of human thought arises in a stimulus independent fashion, it would seem unlikely that such thoughts would play no functional role in our lives. However, evidence linking the mind-wandering state to performance decrement has led to the notion that mind-wandering primarily represents a form of cognitive failure. Based on previous work showing a prospective bias to mind-wandering, the current study explores the hypothesis that one potential function of spontaneous thought is to plan and anticipate (...)
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  42.  23
    Walter Benjamin's philosophy: destruction and experience.Andrew E. Benjamin & Peter Osborne (eds.) - 1994 - Manchester [England]: Clinamen Press.
    This collection explores, in Adorno's description, `philosophy directed against philosophy'. The essays cover all aspects of Benjamin's writings, from his early work in the philosophy of art and language, through to the concept of history. The experience of time and the destruction of false continuity are identified as the key themes in Benjamin's understanding of history.
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  43.  21
    Evidence for a relationship between trait gratitude and prosocial behaviour.Rachel Yost-Dubrow & Yarrow Dunham - 2018 - Cognition and Emotion 32 (2):397-403.
  44. Learning to Discriminate: The Perfect Proxy Problem in Artificially Intelligent Criminal Sentencing.Benjamin Davies & Thomas Douglas - 2022 - In Jesper Ryberg & Julian V. Roberts (eds.), Sentencing and Artificial Intelligence. Oxford: Oxford University Press.
    It is often thought that traditional recidivism prediction tools used in criminal sentencing, though biased in many ways, can straightforwardly avoid one particularly pernicious type of bias: direct racial discrimination. They can avoid this by excluding race from the list of variables employed to predict recidivism. A similar approach could be taken to the design of newer, machine learning-based (ML) tools for predicting recidivism: information about race could be withheld from the ML tool during its training phase, ensuring that the (...)
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  45. Rage, Revenge, and Religion: Honest Signaling of Aggression and Nonaggression in Waorani Coalitional Violence.James S. Boster, James Yost & Catherine Peeke - 2003 - Ethos: Journal of the Society for Psychological Anthropology 31 (4):471-494.
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  46.  15
    The Proximate Causes of Waorani Warfare.Rocio Alarcon, James Yost, Pamela Erickson & Stephen Beckerman - 2019 - Human Nature 30 (3):247-271.
    In response to recent work on the nature of human aggression, and to shed light on the proximate, as opposed to ultimate, causes of tribal warfare, we present a record of events leading to a fatal Waorani raid on a family from another tribe, followed by a detailed first-person observation of the behavior of the raiders as they prepared themselves for war, and upon their return. We contrast this attack with other Waorani aggressions and speculate on evidence regarding their hormonal (...)
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  47. Fame and Redemption: On the Moral Dangers of Celebrity Apologies.Benjamin Matheson - 2023 - Journal of Social Philosophy.
    In this paper, I first consider three possible explanations for why celebrities typically apologise publicly and sometimes also include their fans among the targets of their apology. I then identify three moral dangers of celebrity apologies, the third of which arises specifically for fan-targeted apologies, and each of which teaches us important lessons about the practice of celebrity apologies. From these individual lessons, I draw more general lessons about apologies from those with elevated social positions and the powers they are (...)
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  48. On the classification of diseases.Benjamin Smart - 2014 - Theoretical Medicine and Bioethics 35 (4):251-269.
    Identifying the necessary and sufficient conditions for individuating and classifying diseases is a matter of great importance in the fields of law, ethics, epidemiology, and of course, medicine. In this paper, I first propose a means of achieving this goal, ensuring that no two distinct disease-types could correctly be ascribed to the same disease-token. I then posit a metaphysical ontology of diseases—that is, I give an account of what a disease is. This is essential to providing the most effective means (...)
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  49.  23
    Locke's Rejection of Hypotheses about Sub-Microscopic Events.R. M. Yost - 1951 - Journal of the History of Ideas 12 (1):111.
  50.  8
    Spatial Release from Masking with a Moving Target.M. Torben Pastore & William A. Yost - 2017 - Frontiers in Psychology 8.
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