Search results for 'Convention' (try it on Scholar)

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  1. Margaret P. Gilbert (2008). Social Convention Revisited. Topoi (1-2):5-16.score: 18.0
    This article will compare and contrast two very different accounts of convention: the game-theoretical account of Lewis in Convention, and the account initially proposed by Margaret Gilbert (the present author) in chapter six of On Social Facts, and further elaborated here. Gilbert’s account is not a variant of Lewis’s. It was arrived at in part as the result of a detailed critique of Lewis’s account in relation to a central everyday concept of a social convention. An account (...)
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  2. Mark H. Bickhard (2008). Social Ontology as Convention. Topoi 27 (1-2):139-149.score: 18.0
    I will argue that social ontology is constituted as hierarchical and interlocking conventions of multifarious kinds. Convention, in turn, is modeled in a manner derived from that of David K. Lewis. Convention is usually held to be inadequate for models of social ontologies, with one primary reason being that there seems to be no place for normativity. I argue that two related changes are required in the basic modeling framework in order to address this (and other) issue(s): (1) (...)
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  3. Giacomo Sillari (2008). Common Knowledge and Convention. Topoi 27 (1-2):29-39.score: 18.0
    This paper investigates the epistemic assumptions that David Lewis makes in his account of social conventions. In particular, I focus on the assumption that the agents have common knowledge of the convention to which they are parties. While evolutionary analyses show that the common knowledge assumption is unnecessary in certain classes of games, Lewis’ original account (and, more recently, Cubitt and Sugden’s reconstruction) stresses the importance of including it in the definition of convention. I discuss arguments pro et (...)
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  4. Uwe Steinhoff (2010). Benbaji on Killing in War and 'the War Convention'. Philosophical Quarterly 60 (240):616-623.score: 18.0
    Yitzhak Benbaji defends the view that soldiers on both the ‘just’ and the ‘unjust’ side in a war have the same liberty right to kill one another, because soldiers have ‘tacitly accepted’ the egalitarian laws of war and thereby waived their moral rights not to be attacked. I argue that soldiers on the ‘just’ side have not accepted the egalitarian laws of war; even if they had, they would not thereby have waived their moral rights not to be attacked. Moreover, (...)
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  5. Antonio Argandoña (2007). The United Nations Convention Against Corruption and its Impact on International Companies. Journal of Business Ethics 74 (4):481 - 496.score: 18.0
    Corruption is a serious economic, social, political, and moral blight, especially in many emerging countries. It is a problem that affects companies in particular, especially in international commerce, finance, and technology transfer. And it is becoming an international phenomenon in scope, substance, and consequences. That is why, in recent years, there has been a proliferation of international efforts to tackle the problem of corruption. One such international cooperative initiative is the United Nations Convention against Corruption, signed in 2003, which (...)
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  6. Masako N. Darrough (2010). The Fcpa and the Oecd Convention: Some Lessons From the U.S. Experience. [REVIEW] Journal of Business Ethics 93 (2):255 - 276.score: 18.0
    Although corruption is ubiquitous, attitudes toward it differ among countries. Until the 1997 OECD Convention, the U.S. had been one of the only two countries with an explicit extraterritorial anti-bribery law, the Foreign Corrupt Practices Act (FCPA) of 1977. The FCPA employs a two-pronged approach to control the supply side of corruption: (1) anti-bribery provisions; and (2) accounting (books and record and internal controls) provisions. I offer evidence, albeit indirect, to show that the FCPA had limited success. The OECD (...)
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  7. David Lewis (1969). Convention: A Philosophical Study. Harvard University Press.score: 18.0
    _ Convention_ was immediately recognized as a major contribution to the subject and its significance has remained undiminished since its first publication in 1969. Lewis analyzes social conventions as regularities in the resolution of recurring coordination problems-situations characterized by interdependent decision processes in which common interests are at stake. Conventions are contrasted with other kinds of regularity, and conventions governing systems of communication are given special attention.
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  8. Charles Sayward (2002). Convention T and Basic Law V. Analysis 62 (4):289–292.score: 18.0
    It is argued that Convention T and Basic Law V of Frege’s Grungesetze share three striking similarities. First, they are universal generalizations that are intuitively plausible because they have so many obvious instances. Second, both are false because they yield contradictions. Third, neither gives rise to a paradox.
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  9. Richard Alterman (2008). Activity and Convention. Topoi 27 (1-2):127-138.score: 18.0
    This paper develops Lewis’ notion of convention within a framework that mixes cognitive science with some more social theories of activity like distributed cognition and activity theory. The close examination of everyday situations of convention-based activity will produce some interesting issues for a cognitive theory of behavior. Uncertainty, dynamics, and the complexities of the performance of convention-based activities that are distributed over time and/or place, are driving factors in the analysis that is presented. How the actors reason (...)
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  10. Lawrence Manley (1980). Convention, 1500-1750. Harvard University Press.score: 18.0
    This book is a history of the idea of convention, the roles it played in the formative stages of English and Continental literary theory and in the development ...
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  11. Brian Epstein (2009). Grounds, Convention, and the Metaphysics of Linguistic Tokens. Croatian Journal of Philosophy 9 (1):45-67.score: 18.0
    My aim in this paper is to discuss a metaphysical framework within which to understand “standard linguistic entities” (SLEs), such as words, sentences, phonemes, and other entities routinely employed in linguistic theory. In doing so, I aim to defuse certain kinds of skepticism, challenge convention-based accounts of SLEs, and present a series of distinctions for better understanding what the various accounts of SLEs do and do not accomplish.
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  12. Luca Tummolini, Giulia Andrighetto, Cristiano Castelfranchi & Rosaria Conte (2013). A Convention or (Tacit) Agreement Betwixt Us: On Reliance and its Normative Consequences. Synthese 190 (4):585-618.score: 18.0
    The aim of this paper is to clarify what kind of normativity characterizes a convention. First, we argue that conventions have normative consequences because they always involve a form of trust and reliance. We contend that it is by reference to a moral principle impinging on these aspects (i.e. the principle of Reliability) that interpersonal obligations and rights originate from conventional regularities. Second, we argue that the system of mutual expectations presupposed by conventions is a source of agreements. Agreements (...)
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  13. Danutė Jočienė (2010). Protection of Human Rights under the European Convention on Human Rights and the European Union Law (text only in Lithuanian). Jurisprudence 121 (3):97-113.score: 18.0
    The system of the European Convention on Human Rights created in 1950 is still regarded as the most important and effective regional system for the protection of human rights in the whole world. However, the experience of the European Court of Human Rights (ECHR) has clearly showed that the steady growth in the number of cases brought before the ECHR makes it increasingly difficult to keep the length of proceedings within the acceptable limits and to maintain the effectiveness of (...)
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  14. Stefan Kirchner (2012). The Confessional Secret Between State Law and Canon Law and the Right to Freedom of Religion Under Article 9 of the European Convention on Human Rights. Jurisprudence 19 (4):1317-1326.score: 18.0
    Within the Irish government there is a discussion regarding the possibility of limiting the legal protection afforded to the confessional secret. This paper addresses the question of whether this suggestion, if it were to be implemented by the legislature, would be compatible with the right to religious freedom under Article 9 of the European Convention on Human Rights (ECHR). This text will also highlight the role of the confessional secret in canon law and the protection of it under German (...)
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  15. Olivier Ponton (2004). « Danser dans les chaînes » : la définition nietzschéenne de la création comme jeu de la convention. Philosophique 7 (7):5-27.score: 18.0
    La théorie nietzschéenne du génie, dans la mesure où elle réhabilite positivement la contrainte et la convention dans la création artistique, permet de dépasser la mystérieuse théorie romantique d'inspiration naturaliste. Sur quoi repose cette théorie esthétique nietzschéenne ? Sur l'assimilation de la langue de l'artiste à une convention efficiente, c'est-à-dire lui permettant de communiquer activement avec un public, et donc d'être compris. La véritable convention est celle qui naît du besoin, et qui, – intégrée dans un travail (...)
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  16. Lijana Štarienė (2009). The Limits of the Use of Undercover Agents and the Right to a Fair Trial Under Article 6(1) of the European Convention on Human Rights. [REVIEW] Jurisprudence 117 (3):263-284.score: 18.0
    Various special investigative methods are more often applied nowadays; their use is unavoidably induced by today’s reality in combating organised crime in the spheres such as corruption, prostitution, drug trafficking, trafficking in persons, money counterfeit and etc. Therefore, special secret investigative methods are more often used and they are very effective in gathering evidence for the purpose of detecting and investigating very well-organised or latent crimes. Both the Convention on the Protection on Human Rights and Fundamental Freedoms itself, i.e. (...)
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  17. Toma Birmontiene (2010). Intersection of the Jurisprudences. The European Convention on Human Rights and the Constitutional Doctrine Formulated by the Constitutional Court of the Republic of Lithuania. Jurisprudence 119 (1):7-27.score: 18.0
    The article discusses the certain features of the constitutional doctrine of human rights developed by the Constitutional Court of Lithuania which were influenced by the jurisprudence of the European Court of Human Rights, the role of the European Convention on Human Rights as a legal source in the system of sources of constitutional law. The intersection of the jurisprudences, which came into being due to different assessments of the legal regulation in cases where the same legal act was recognized (...)
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  18. Darius Sauliūnas (2010). Legislation on Cybercrime in Lithuania: Development and Legal Gaps in Comparison with Convention on Cybercrime. Jurisprudence 122 (4):203-219.score: 18.0
    The Convention on Cybercrime (the Convention) adopted in the framework of the Council of Europe is the main international legislative tool in the fight against cybercrime. It is the first international treaty on crimes committed via the Internet and other computer networks, dealing particularly with infringements of copyright, computer-related fraud, child pornography and violations of network security. Lithuania is among its signatory states, therefore, the provisions of the Convention have become binding on its legislator, obliging it to (...)
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  19. Stefan Kirchner & Katarzyna Geler-Noch (2012). Compensation under the European Convention on Human Rights for Expropriations Enforced Prior to the Applicability of the Convention. Jurisprudence 19 (1):21-29.score: 18.0
    Forced expropriations of immovable property were common during the Communist era in Eastern Europe. Today, many of the former owners or their heirs are interested in regaining legal ownership of such properties, often decades after the ownership has been reallocated to others. Therefore, the conflict between old and new owners is often resolved in favour of the new owners. While this is understandable from a contemporary political perspective, this approach results in a perpetuation of the results of an earlier human (...)
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  20. Regina Valutytė (2012). State Liability for the Infringement of the Obligation to Refer for a Preliminary Ruling under the European Convention on Human Rights. Jurisprudence 19 (1):7-20.score: 18.0
    The article deals with the question whether a state might be held liable for the infringement of the European Convention on Human Rights if its national court of last instance fails to implement the obligation to make a reference for a preliminary ruling to the Court of Justice of the European Union under the conditions laid down in Article 267 of the Treaty on the Functioning of the European Union and developed in the case-law of the Court. Relying on (...)
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  21. Dana Zartner & Jennifer Ramos (2011). Human Rights as Reputation Builder: Compliance with the Convention Against Torture. [REVIEW] Human Rights Review 12 (1):71-92.score: 18.0
    A strong record of human rights protections is an important factor for a state to maintain a positive international reputation. In this article, we suggest that states will use compliance with human rights treaties as a mechanism by which to improve their reputations to help achieve their foreign policy goals. We hypothesize that international human rights compliance is a means to improve a state’s reputation in three specific situations: when the state is facing regional pressures as the result of a (...)
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  22. Elliot Turiel (1983). The Development of Social Knowledge: Morality and Convention. Cambridge University Press.score: 16.0
    Children are not simply molded by the environment; through constant inference and interpretation, they actively shape their own social world. This book is about that process. Elliot Turiel's work focuses on the development of moral judgment in children and adolescents and, more generally, on their evolving understanding of the conventions of social systems. His research suggests that social judgements are ordered, systematic, subtly discriminative, and related to behavior. His theory of the ways in which children generate social knowledge through their (...)
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  23. Sandra E. Marshall (2008). Law, Convention and Objectivity: Comments on Kramer. [REVIEW] Res Publica 14 (4):253-257.score: 16.0
    Since I do not disagree with the line of argument taken by Kramer and the distinctions he draws between the different ways rules can be ‘mind-independent’, my comments focus on some of the complexities involved in the application of his distinctions. I suggest that law, properly understood as a system of rules/conventions is both existentially and observationally weakly mind independent, but nonetheless objective.
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  24. Tim Kenyon (2003). Cynical Assertion: Convention, Pragmatics, and Saying "Uncle&Quot;. American Philosophical Quarterly 40 (3):241 - 248.score: 15.0
    This paper begins by exploring a subspecies of assertion. Under some circumstances an utterance intuitively counts as an assertion, even though it is Cynical: that is, it is insincere, and made without the reasonable expectation of even appearing sincere to its audience. The paper explores the contextual and cognitive workings of Cynical assertion – directly, in part, but also by comparison with superficially similar but non-assertoric utterances, namely, those made under duress. Finally, the paper examines the broader relevance of Cynical (...)
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  25. Francesco De Santis di Nicola (2011). Principle of Subsidiarity and 'Embeddedness' of the European Convention on Human Rights in the Field of the Reasonable-Time Requirement: The Italian Case. Jurisprudence 18 (1):7-32.score: 15.0
    The right to ‘domestic remedies’, which ideally connects ‘subsidiarity’ and ‘embeddedness’ of the ECHR in the legal systems of member States, is deemed to play a crucial role for the Strasbourg machinery survival as well as for an effective protection of human rights, especially in the field of the ‘reasonable-time’ requirement. In this respect the Italian case seems an excellent test. Once a compensatory remedy was introduced in the Italian legal system by Law No. 80 of 2001 (the ‘Pinto Act’), (...)
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  26. Paul E. Dunne (2005). A Value-Based Argument Model of Convention Degradation. Artificial Intelligence and Law 13 (1):153-188.score: 14.0
    The analysis of how social conventions emerge and become established is rightly viewed as a significant study of great relevance to models of legal and social systems. Such conventions, however, do not operate in a monotonic fashion, i.e. the fact that a convention is recognised and complied with at some instant is no guarantee it will continue to be so indefinitely. In total rules and protocols may evolve, with or without the consent of individual members of the society, even (...)
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  27. Allan Hazlett (forthcoming). Expressivism and Convention-Relativism About Epistemic Discourse. In A. Fairweather & O. Flanagan (eds.), Naturalizing Epistemic Virtue. Cambridge University Press.score: 12.0
    Consider the claim that openmindedness is an epistemic virtue, the claim that true belief is epistemically valuable, and the claim that one epistemically ought to cleave to one’s evidence. These are examples of what I’ll call “epistemic discourse.” In this paper I’ll propose and defend a view called “convention-relativism about epistemic discourse.” In particular, I’ll argue that convention-relativismis superior to its main rival, expressivism about epistemic discourse. Expressivism and conventionalism both jibe with anti-realism about epistemic normativity, which is (...)
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  28. Robin P. Cubitt & Robert Sugden (2003). Common Knowledge, Salience and Convention: A Reconstruction of David Lewis' Game Theory. Economics and Philosophy 19 (2):175-210.score: 12.0
    David Lewis is widely credited with the first formulation of common knowledge and the first rigorous analysis of convention. However, common knowledge and convention entered mainstream game theory only when they were formulated, later and independently, by other theorists. As a result, some of the most distinctive and valuable features of Lewis' game theory have been overlooked. We re-examine this theory by reconstructing key parts in a more formal way, extending it, and showing how it differs from more (...)
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  29. G. Ebbs (2011). Carnap and Quine on Truth by Convention. Mind 120 (478):193-237.score: 12.0
    According to the standard story (a) W. V. Quine’s criticisms of the idea that logic is true by convention are directed against, and completely undermine, Rudolf Carnap’s idea that the logical truths of a language L are the sentences of L that are true-in- L solely in virtue of the linguistic conventions for L , and (b) Quine himself had no interest in or use for any notion of truth by convention. This paper argues that (a) and (b) (...)
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  30. Ben Blumson (2008). Depiction and Convention. Dialectica 62 (3):335-348.score: 12.0
    By defining both depictive and linguistic representation as kinds of symbol system, Nelson Goodman attempts to undermine the platitude that, whereas linguistic representation is mediated by convention, depiction is mediated by resemblance. I argue that Goodman is right to draw a strong analogy between the two kinds of representation, but wrong to draw the counterintuitive conclusion that depiction is not mediated by resemblance.
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  31. Tyler Burge (1975). On Knowledge and Convention. Philosophical Review 84 (2):249-255.score: 12.0
    It is argued that david lewis' account of convention in "convention" required too much self-Consciousness of parties participating in a convention. In particular, It need not be known that there are equally good alternatives to the convention. This point affects other features of the definition, And suggests that the account is too much guided by the "rational assembly" picture of human conventions. (edited).
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  32. Andrei Marmor (1996). On Convention. Synthese 107 (3):349 - 371.score: 12.0
    Following the pioneering work of David Lewis, many philosophers believe that the rationale of following a convention consists in the fact that conventions are solutions to recurrent coordination problems. Margaret Gilbert has criticised this view, offering an alternative account of the nature of conventions and their normative aspect. In this paper I argue that Gilbert's criticism of Lewis and her alternative suggestions rest on serious misunderstandings. As between these two opposed views, Lewis's is closer to the truth, but I (...)
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  33. Nellie Wieland (2007). Linguistic Authority and Convention in a Speech Act Analysis of Pornography. Australasian Journal of Philosophy 85 (3):435 – 456.score: 12.0
    Recently, several philosophers have recast feminist arguments against pornography in terms of Speech Act Theory. In particular, they have considered the ways in which the illocutionary force of pornographic speech serves to set the conventions of sexual discourse while simultaneously silencing the speech of women, especially during unwanted sexual encounters. Yet, this raises serious questions as to how pornographers could (i) be authorities in the language game of sex, and (ii) set the conventions for sexual discourse - questions which these (...)
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  34. Tobias Hansson Wahlberg (2011). Can Persistence Be a Matter of Convention? Axiomathes 21 (4):507-529.score: 12.0
    This paper asks whether persistence can be a matter of convention. It argues that in a rather unexciting de dicto sense persistence is indeed a matter of convention, but it rejects the notion that persistence can be a matter of convention in a more substantial de re sense. However, scenarios can be imagined that appear to involve conventional persistence of the latter kind. Since there are strong reasons for thinking that such conventionality is impossible, it is desirable (...)
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  35. Yemima Ben-Menahem (2001). Convention: Poincaré and Some of His Critics. British Journal for the Philosophy of Science 52 (3):471-513.score: 12.0
    This paper offers an interpretation of Poincaré's conventionalism, distinguishing it from the Duhem–Quine thesis, on the one hand, and, on the other, from the logical positivist understanding of conventionalism as a general account of necessary truth. It also confronts Poincaré's conventionalism with some counter-arguments that have been influential: Einstein's (general) relativistic argument, and the linguistic rejoinders of Quine and Davidson. In the first section, the distinct roles played by the inter-translatability of different geometries, the inaccessibility of space to direct observation, (...)
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  36. Peter Vanderschraaf (1995). Convention as Correlated Equilibrium. Erkenntnis 42 (1):65 - 87.score: 12.0
    Aconvention is a state in which agents coordinate their activity, not as the result of an explicit agreement, but because their expectations are aligned so that each individual believes that all will act so as to achieve coordination for mutual benefit. Since agents are said to follow a convention if they coordinate without explicit agreement, the notion raises fundamental questions: (1) Why do certain conventions remain stable over time?, and (2) How does a convention emerge in the first (...)
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  37. Michael Rescorla, Convention. Stanford Encyclopedia of Philosophy.score: 12.0
    The central philosophical task posed by conventions is to analyze what they are and how they differ from mere regularities of action and cognition. Subsidiary questions include: How do conventions arise? How are they sustained? How do we select between alternative conventions? Why should one conform to convention? What social good, if any, do conventions serve? How does convention relate to such notions as rule, norm, custom, practice, institution, and social contract? Apart from its intrinsic interest, convention (...)
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  38. Doris Schroeder & Thomas Pogge (2009). Justice and the Convention on Biological Diversity. Ethics and International Affairs 23 (3):267-280.score: 12.0
    Abstract Benefit sharing as envisaged by the 1992 Convention on Biological Diversity (CBD) is a relatively new idea in international law. Within the context of non-human biological resources, it aims to guarantee the conservation of biodiversity and its sustainable use by ensuring that its custodians are adequately rewarded for its preservation. Prior to the adoption of the CBD, access to biological resources was frequently regarded as a free-for-all. Bioprospectors were able to take resources out of their natural habitat and (...)
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  39. Douglas Patterson (2002). Theories of Truth and Convention T. Philosophers' Imprint 2 (5):1-16.score: 12.0
    Partly due to the influence of Tarski's work, it is commonly assumed that any good theory of truth implies biconditionals of the sort mentioned in Convention T: instances of the T-Schema "s is true in L if and only if p" where the sentence substituted for "p" is equivalent in meaning to s. I argue that we must take care to distinguish the claim that implying such instances is sufficient for adequacy in an account of truth from the claim (...)
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  40. Douglas Eden Patterson (2006). Tarski on the Necessity Reading of Convention T. Synthese 151 (1):1 - 32.score: 12.0
    Tarski’s Convention T is often taken to claim that it is both sufficient and necessary for adequacy in a definition of truth that it imply instances of the T-schema where the embedded sentence translates the mentioned sentence. However, arguments against the necessity claim have recently appeared, and, furthermore, the necessity claim is actually not required for the indefinability results for which Tarski is justly famous; indeed, Tarski’s own presentation of the results in the later Undecidable Theories makes no mention (...)
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  41. Henry Jackman (1998). Convention and Language. Synthese 117 (3):295-312.score: 12.0
    This paper has three objectives. The first is to show how David Lewis' influential account of how a population is related to its language requires that speakers be 'conceptually autonomous' in a way that is incompatible with content ascriptions following from the assumption that its speakers share a language. The second objective is to sketch an alternate account of the psychological and sociological facts that relate a population to its language. The third is to suggest a modification of Lewis' account (...)
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  42. P. Vanderschraaf (1998). Knowledge, Equilibrium and Convention. Erkenntnis 49 (3):337-369.score: 12.0
    There are two general classes of social conventions: conventions of coordination, and conventions of partial conflict. In coordination problems, the interests of the agents coincide, while in partial conflict problems, some agents stand to gain only if other agents unilaterally make certain sacrifices. Lewis' (1969) pathbreaking analysis of convention in terms of game theory focuses on coordination problems, and cannot accommodate partial conflict problems. In this paper, I propose a new game-theoretic definition of convention which generalizes previous game-theoretic (...)
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  43. Lionel K. McPherson (2005). The Limits of the War Convention. Philosophy and Social Criticism 31 (2):147-163.score: 12.0
    What is the relation between the rules of war covered by ‘the war convention’ and the source of their normative authority? According to Michael Walzer, these rules have normative authority by virtue of being widely established in theory and practice and conforming to our moral sensibilities. It is striking that his influential account of just war has a conventionalist grounding similar to his more scrutinized general theory of justice. Indeed, we should question whether a shared moral understanding is an (...)
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  44. Sheila Wildeman (2013). Protecting Rights and Building Capacities: Challenges to Global Mental Health Policy in Light of the Convention on the Rights of Persons with Disabilities. Journal of Law, Medicine and Ethics 41 (1):48-73.score: 12.0
    The World Health Organization (WHO) has identified mental health as a priority for global health promotion and international development to be targeted through promulgation of evidence-based medical practices, health systems reform, and respect for human rights. Yet these overlapping strategies are marked by tensions as the historical primacy of expert-led initiatives is increasingly subject to challenge by new social movements — in particular, disabled persons' organizations (DPOs). These tensions come into focus upon situating the WHO's mental health policy initiatives in (...)
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  45. Dale Jamieson (1975). David Lewis on Convention. Canadian Journal of Philosophy 5 (1):73 - 81.score: 12.0
    In this paper I show that the definition of convention offered by david lewis in his book "convention: a philosophical study" fails to shed much light on "our common, Established concept of convention." first I set out lewis' definition of convention. I then show, Via counterexample, That satisfaction of lewis' definition is not a necessary condition for something to be a convention. I also show via counterexample that it is doubtful that satisfaction of lewis' definition (...)
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  46. L. Kannenberg (1986). Independence of the Isotropy Convention for the One-Way Light Speed in Relativity. Foundations of Physics 16 (12):1307-1313.score: 12.0
    The convention that the one-way velocity of light is isotropic is shown to be independent of the postulates of relativity in a globally Minkowskian continuum, but not in a continuum which is only locally Minkowskian.
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  47. Mark Heywood & John Shija (2010). A Global Framework Convention on Health: Would It Help Developing Countries to Fulfil Their Duties on the Right to Health? A South African Perspective. Journal of Law, Medicine and Ethics 38 (3):640-646.score: 12.0
    This article argues from a South African perspective that national experience in attempting to fulfil the right to health supports the need for an international framework. Secondly, we suggest that this framework is not just a matter of good choice or even of justice but of a direct legal duty that falls on those states that have consented to operate within the international human rights framework by ratifying key treaties such as the International Covenant on Economic Social and Cultural Rights (...)
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  48. Martin J. Davies, Whatever Happened to the Salvage Convention 1989?score: 12.0
    Self-executing treaties like the Salvage Convention 1989 automatically become "the supreme law of the land" in the United States under the Supremacy Clause of the U.S. Constitution.They require no legislation to make them operative but they have the same force and effect as an Article I legislative enactment.The fact that no implementing legislation is needed often leads to the paradoxical result that a self-executing treaty is more easily forgotten, perhaps for the simple reason that such treaties do not always (...)
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  49. Lars Reuter (2000). Human is What is Born of a Human: Personhood, Rationality, and an European Convention. Journal of Medicine and Philosophy 25 (2):181 – 194.score: 12.0
    In the course of its preparation, the 1997 convention on human rights and biomedicine adopted by the Council of Europe instigated a widespread debate. This article examines one of the core issues: the notion of the human being as depicted in the convention. It is argued that according to the convention, this being may exist in three different legal categories, namely 'human life', 'embryo', and 'personhood', each furnished with an inherent set of somewhat different rights, yet none (...)
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  50. Janet E. Lord, David Suozzi & Allyn L. Taylor (2010). Lessons From the Experience of U.N. Convention on the Rights of Persons with Disabilities: Addressing the Democratic Deficit in Global Health Governance. Journal of Law, Medicine and Ethics 38 (3):564-579.score: 12.0
    This article reviews the contributions of the UN Convention on the Rights of Persons with Disabilities (CRPD) to the progressive development of both international human rights law and global health law and governance. It provides a summary of the global situation of persons with disabilities and outlines the progressive development of international disability standards, noting the salience of the shift from a medical model of disability to a rights-based social model reflected in the CRPD. Thereafter, the article considers the (...)
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