Search results for 'Criminal jurisdiction Moral and ethical aspects' (try it on Scholar)

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  1.  18
    Alfred P. Rubin (1997). Ethics and Authority in International Law. Cambridge University Press.
    The specialised vocabularies of lawyers, ethicists, and political scientists obscure the roots of many real disagreements. In this book, the distinguished American international lawyer Alfred Rubin provides a penetrating account of where these roots lie, and argues powerfully that disagreements which have existed for 3,000 years are unlikely to be resolved soon. Current attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth century (...)
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  2.  84
    Victor Tadros (2011). The Ends of Harm: The Moral Foundations of Criminal Law. Oxford University Press.
    This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.
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  3. Joel Feinberg (1984). The Moral Limits of the Criminal Law. Oxford University Press.
    In this volume, Feinberg focuses on the meanings of "interest," the relationship between interests and wants, and the distinction between want-regarding and ideal-regarding analyses on interest and hard cases for the applications of the concept of harm. Examples of the "hard cases" are harm to character, vicarious harm, and prenatal and posthumous harm. Feinberg also discusses the relationship between harm and rights, the concept of a victim, and the distinctions of various quantitative dimensions of harm, consent, and offense, including the (...)
     
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  4.  5
    M. R. N. Bruijnis, V. Blok, E. N. Stassen & H. G. J. Gremmen (2015). Moral “Lock-In” in Responsible Innovation: The Ethical and Social Aspects of Killing Day-Old Chicks and Its Alternatives. Journal of Agricultural and Environmental Ethics 28 (5):939-960.
    The aim of this paper is to provide a conceptual framework that will help in understanding and evaluating, along social and ethical lines, the issue of killing day-old male chicks and two alternative directions of responsible innovations to solve this issue. The following research questions are addressed: Why is the killing of day-old chicks morally problematic? Are the proposed alternatives morally sound? To what extent do the alternatives lead to responsible innovation? The conceptual framework demonstrates clearly that there is (...)
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  5.  60
    Alan W. Norrie (2000). Punishment, Responsibility, and Justice: A Relational Critique. Oxford University Press.
    This book addresses the retributive and "orthodox subjectivist" theories that dominate criminal justice theory alongside recent "revisionist" and "postmodern" approaches. Norrie argues that all these approaches, together with their faults and contradictions, stem from their orientation to themes in Kantian moral philosophy. He explores an alternative relational or dialectical approach; examines the work of Ashworth, Duff, Fletcher, Moore, Smith, and Williams; and considers key doctrinal issues.
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  6.  2
    Payam Moula & Per Sandin (2015). Moral “Lock-In” in Responsible Innovation: The Ethical and Social Aspects of Killing Day-Old Chicks and Its Alternatives. Journal of Agricultural and Environmental Ethics 28 (5):939-960.
    The aim of this paper is to provide a conceptual framework that will help in understanding and evaluating, along social and ethical lines, the issue of killing day-old male chicks and two alternative directions of responsible innovations to solve this issue. The following research questions are addressed: Why is the killing of day-old chicks morally problematic? Are the proposed alternatives morally sound? To what extent do the alternatives lead to responsible innovation? The conceptual framework demonstrates clearly that there is (...)
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  7. A. P. Simester (2011). Crimes, Harms, and Wrongs: On the Principles of Criminalisation. Hart Pub..
     
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  8.  3
    Vasil Gluchman (2013). Pious Aspects in the Ethical and Moral Views of Matthias Bel. History of European Ideas 39 (6):776-790.
    Summary The author of the paper studies the ethical views of Matthias Bel expressed in his Preface to Johann Arndt's treatise and in Davidian-Solomonian Ethics, which contain a critique of false Christianity and ancient (especially Aristotle's) ethics. Bel refuses any philosophical ethics based on human nature, since man, in his very essence, is sinful and vicious. This leads to the general moral downfall of the young and mankind. He only recognises ethics whose source and the highest good is (...)
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  9.  50
    Gary Duhon (2008). An Uncomfortable Refusal Pp. 15-15 HTML Version | PDF Version (78k) Subject Headings: Premature Infants -- Medical Care -- Moral and Ethical Aspects. Commentary. [REVIEW] Hastings Center Report 38 (5):pp. 15-16.
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  10.  13
    J. Arlebrink (1997). The Moral Roots of Prenatal Diagnosis. Ethical Aspects of the Early Introduction and Presentation of Prenatal Diagnosis in Sweden. Journal of Medical Ethics 23 (4):260-261.
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  11. William Ernest Barton (1966). The Moral Challenge of Communism: Some Ethical Aspects of Marxist-Leninist Society. London, Friends Home Service Committee.
     
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  12.  14
    S. M. van Geelen, L. L. E. Bolt & M. J. H. van Summeren (2010). Moral Aspects of Bariatric Surgery for Obese Children and Adolescents: The Urgent Need for Empirical-Ethical Research. American Journal of Bioethics 10 (12):30-32.
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  13.  23
    Richard Hull, Philosophical, Ethical, and Moral Aspects of Health Care Rationing: A Review of Daniel Callahan's Setting Limits. [REVIEW]
    My assigned task in today’s colloquium is to review philosophers’ perspectives on the broad question of whether health care rationing ought to target the elderly. This is a revolutionary question, particularly in a society that is so sensitive to apparent discrimination, and the question must be approached carefully if it is to be successfully dealt with. Three subordinate questions attend this one and must be addressed in the course of answering it. The first such question has to do with the (...)
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  14.  13
    B. G. Gazzard (1992). AIDS a Moral Issue -- Ethical, Legal and Social Aspects. Journal of Medical Ethics 18 (1):51-52.
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  15.  18
    Bruce A. Arrigo (2011). The Ethics of Total Confinement: A Critique of Madness, Citizenship, and Social Justice. Oxford University Press.
    In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy ...
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  16.  18
    Andrea Whittaker (2004). Abortion, Sin, and the State in Thailand. Routledgecurzon.
    Although abortion remains one of the most controversial issues of our age, to date most studies have centered on the debate in Western countries. This book discusses abortion in a non-Western, non-Christian context - in Thailand, where, although abortion is illegal, over 200,000 to 300,000 abortions are performed each year by a variety of methods. The book, based on extensive original research in the field, examines a wide range of issues, including stories of the real-life dilemmas facing women, popular representations (...)
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  17. Anthony Kenny (1985). The Ivory Tower: Essays in Philosophy and Public Policy. B. Blackwell.
    pt. 1. Philosophy and law -- Direct and oblique intention and malice aforethought -- Intention and mens rea in murder -- Duress per minas as a defence to crime -- The expert in court -- pt. 2. Philosophy and war -- Counterforce and countervalue -- Better dead than Red -- The logic and ethics of nuclear deterrence -- Risk, recklessness, and extravagance -- Epilogue -- Enemies of academic freedom.
     
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  18. Marcus Bastelberger (2006). Die Legitimität des Strafrechts Und der Moralische Staat: Utilitaristische Und Retributivistische Strafrechtsbegründung Und Die Rechtliche Verfassung der Freiheit. Lang.
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  19. Ezekiel J. Emanuel (ed.) (2003). Ethical and Regulatory Aspects of Clinical Research: Readings and Commentary. Johns Hopkins University Press.
    All investigators funded by the National Institutes of Health are now required to receive training about the ethics of clinical research. Based on a course taught by the editors at NIH, Ethical and Regulatory Aspects of Clinical Research is the first book designed to help investigators meet this new requirement. The book begins with the history of human subjects research and guidelines instituted since World War II. It then covers various stages and components of the clinical trial process: (...)
     
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  20.  16
    Suzanne Shale (2012). Moral Leadership in Medicine: Building Ethical Healthcare Organizations. Cambridge University Press.
    Machine generated contents note: Preface; Acknowledgements; 1. Why medicine needs moral leaders; 2. Creating an organizational narrative; 3. Understanding normative expectations in medical moral leadership; Prologue to chapters four and five; 4. Expressing fiduciary, bureaucratic and collegial propriety; 5. Expressing inquisitorial and restorative propriety; Epilogue to chapters four and five; 6. Understanding organizational moral narrative; 7. Moral leadership for ethical organizations; Appendix 1. How the research was done; Appendix 2. Accountability for clinical performance: individuals and (...)
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  21.  14
    Thomas W. Kallert, Juan E. Mezzich & John Monahan (eds.) (2011). Coercive Treatment in Psychiatry: Clinical, Legal and Ethical Aspects. Wiley-Blackwell.
    This book considers coercion within the healing and ethical framework of therapeutic relationships and partnerships at all levels, and addresses the universal ...
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  22. Ken Levy (2015). Does Situationism Excuse? The Implications of Situationism for Moral Responsibility and Criminal Responsibility. Arkansas Law Review 68:731-787.
    In this Article, I will argue that a person may be deserving of criminal punishment even in certain situations where she is not necessarily morally responsible for her criminal act. What these situations share in common are two things: the psychological factors that motivate the individual’s behavior are environmentally determined and her crime is serious, making her less eligible for sympathy and therefore less likely to be acquitted. -/- To get to this conclusion, I will proceed in four (...)
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  23. Iva Smit, Wendell Wallach & G. E. Lasker (eds.) (2005). Cognitive, Emotive, and Ethical Aspects of Decision Making in Humans and in Ai. International Institute for Advanced Studies in Systems Research and Cybernetics.
     
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  24.  26
    Gosia M. Brykczyńska & Joan Simons (eds.) (2011). Ethical and Philosophical Aspects of Nursing Children and Young People. John Wiley & Sons.
    This important new book provides a philosophical and historical analysis of the subject, looking at a review of sociological and political theories concerning ...
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  25. Lars-Eric Nilsson (2008). "But Can't You See They Are Lying": Student Moral Positions and Ethical Practices in the Wake of Technological Change. Distribution, Acta Universitatis Gothoburgensis.
     
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  26.  18
    Alan W. Norrie (2005). Law and the Beautiful Soul. Published in the United States by Cavendish Pub..
    What is law? How is legal responsibility defined? How does law reflect moral judgment? Why are law's definitions uncertain and conflicted? Basic questions for liberal law and criminal justice - what could they have to do with the forgotten historical figure of the Beautiful Soul? Starting from concrete legal issues, Alan Norrie develops a critical vision of law in its relation to morality and socio-historical context. Liberal law, he argues, is marked by splits and contradictions (antinomies), signs of (...)
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  27.  37
    Howard Cohen (1991). Power and Restraint: The Moral Dimension of Police Work. Praeger.
    This book uses a moral perspective grounded in the social contract to define the responsibilities assumed by the police.
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  28.  28
    Thomas Douglas (2014). Criminal Rehabilitation Through Medical Intervention: Moral Liability and the Right to Bodily Integrity. Journal of Ethics 18 (2):101-122.
    Criminal offenders are sometimes required, by the institutions of criminal justice, to undergo medical interventions intended to promote rehabilitation. Ethical debate regarding this practice has largely proceeded on the assumption that medical interventions may only permissibly be administered to criminal offenders with their consent. In this article I challenge this assumption by suggesting that committing a crime might render one morally liable to certain forms of medical intervention. I then consider whether it is possible to respond (...)
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  29.  18
    Bernice Bovenkerk & Franck L. B. Meijboom (2012). The Moral Status of Fish. The Importance and Limitations of a Fundamental Discussion for Practical Ethical Questions in Fish Farming. Journal of Agricultural and Environmental Ethics 25 (6):843-860.
    As the world population is growing and government directives tell us to consume more fatty acids, the demand for fish is increasing. Due to declines in wild fish populations, we have come to rely more and more on aquaculture. Despite rapid expansion of aquaculture, this sector is still in a relatively early developmental stage. This means that this sector can still be steered in a favorable direction, which requires discussion about sustainability. If we want to avoid similar problems to the (...)
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  30. Edward A. Malloy (1982). The Ethics of Law Enforcement and Criminal Punishment. University Press of America.
     
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  31.  2
    M. W. Ross (1989). Psychosocial Ethical Aspects of AIDS. Journal of Medical Ethics 15 (2):74-81.
    The psychosocial morbidity associated with HIV infection and responses to such infection may exceed morbidity associated with medical sequelae of such infection. This paper argues that negative judgements on those with HIV infection or in groups associated with such infection will cause avoidable psychological and social distress. Moral judgements made regarding HIV infection may also harm the common good by promoting conditions which may increase the spread of HIV infection. This paper examines these two lines of argument with regard (...)
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  32.  23
    Gregor Betz & Sebastian Cacean (2012). Ethical Aspects of Climate Engineering. Karlsruhe. KIT Scientific Publishing.
    This study investigates the ethical aspects of deploying and researching into so-called climate engineering methods, i.e. large-scale technical interventions in the climate system with the objective of offsetting anthropogenic climate change. The moral reasons in favour of and against R&D into and deployment of CE methods are analysed by means of argument maps. These argument maps provide an overview of the CE controversy and help to structure the complex debate.
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  33.  30
    Andrew Altman (2009). A Liberal Theory of International Justice. Oxford University Press.
    This book advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance. The individual and her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a (...) right to self-determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would-be immigrants. (shrink)
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  34.  6
    Laura Y. Cabrera & Bernice S. Elger (forthcoming). Memory Interventions in the Criminal Justice System: Some Practical Ethical Considerations. Journal of Bioethical Inquiry:1-9.
    In recent years, discussion around memory modification interventions has gained attention. However, discussion around the use of memory interventions in the criminal justice system has been mostly absent. In this paper we start by highlighting the importance memory has for human well-being and personal identity, as well as its role within the criminal forensic setting; in particular, for claiming and accepting legal responsibility, for moral learning, and for retribution. We provide examples of memory interventions that are currently (...)
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  35.  20
    Frédéric Gilbert & Susan Dodds (2014). Is There a Moral Obligation to Develop Brain Implants Involving NanoBionic Technologies? Ethical Issues for Clinical Trials. NanoEthics 8 (1):49-56.
    In their article published in Nanoethics, “Ethical, Legal and Social Aspects of Brain-Implants Using Nano-Scale Materials and Techniques”, Berger et al. suggest that there may be a prima facie moral obligation to improve neuro implants with nanotechnology given their possible therapeutic advantages for patients [Nanoethics, 2:241–249]. Although we agree with Berger et al. that developments in nanomedicine hold the potential to render brain implant technologies less invasive and to better target neural stimulation to respond to brain impairments (...)
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  36.  4
    Aimee Bolletino (2008). Crimes Against Humanity in Colombia: The International Criminal Court's Jurisdiction Over the May 2003 Attack on the Betoyes Guahibo Indigenous Reserve and Colombian Accountability. [REVIEW] Human Rights Review 9 (4):491-511.
    The Colombian military and the United Self-Defense Forces of Colombia (AUC) have committed systematic attacks against the Colombian people that violate international law. One such heinous incident took place in May 2003 at the Betoyes Guahibo indigenous reserve in Colombia. Unlike other acts of terror, the attack at the Reserve is well documented. Because of this, the attack on the Reserve is an excellent case for International Criminal Court (ICC) prosecution. This article exposes acts of cruelty and makes a (...)
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  37.  21
    Scott Veitch (2007). Law and Irresponsibility: On the Legitimation of Human Suffering. Routledge-Cavendish.
    It is commonly understood that in its focus on rights and obligations law is centrally concerned with organising responsibility. In defining how obligations are created, in contract or property law, say, or imposed, as in tort, public, or criminal law, law and legal institutions are usually seen as society’s key mode of asserting and defining the content and scope of responsibilities. This book takes the converse view: legal institutions are centrally involved in organising irresponsibility. Particularly with respect to the (...)
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  38.  9
    Anand Pandian (2009). Crooked Stalks: Cultivating Virtue in South India. Duke University Press.
    "A rough spade for a rugged landscape" : on savage selves and more civil places -- "What remains of the harvest when the fence grazes the crop?" : on the proper violence of agrarian citizenship -- "The life of the thief leaves the belly always boiling" : on the nature and restraint of the criminal animal -- "Millets sown yield millets, evil sown yields evil" : on the moral returns of agrarian toil -- "Let the water for the (...)
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  39.  17
    M. N. G. Dukes (2005). The Law and Ethics of the Pharmaceutical Industry. Elsevier.
    As one of the most massive and successful business sectors, the pharmaceutical industry is a potent force for good in the community, yet its behaviour is frequently questioned: could it serve society at large better than it has done in the recent past? Its own internal ethics, both in business and science, may need a careful reappraisal, as may the extent to which the law - administrative, civil and criminal - succeeds in guiding (and where neccessary contraining) it. The (...)
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  40.  88
    Neil Levy (2011). Hard Luck: How Luck Undermines Free Will and Moral Responsibility. Oxford University Press.
    The concept of luck has played an important role in debates concerning free will and moral responsibility, yet participants in these debates have relied upon an intuitive notion of what luck is. Neil Levy develops an account of luck, which is then applied to the free will debate. He argues that the standard luck objection succeeds against common accounts of libertarian free will, but that it is possible to amend libertarian accounts so that they are no more vulnerable to (...)
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  41.  8
    Jona Specker, Farah Focquaert, Kasper Raus, Sigrid Sterckx & Maartje Schermer (2014). The Ethical Desirability of Moral Bioenhancement: A Review of Reasons. [REVIEW] BMC Medical Ethics 15 (1):67.
    The debate on the ethical aspects of moral bioenhancement focuses on the desirability of using biomedical as opposed to traditional means to achieve moral betterment. The aim of this paper is to systematically review the ethical reasons presented in the literature for and against moral bioenhancement.
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  42.  1
    A. Das Gupta (2001). Corporate Ethical Dilemmas: Indian Models for Moral Management. Journal of Human Values 7 (2):171-191.
    The 'wall' that differentiates two different kinds of attitudes of the same person at different points of time denotes, as the author envisages, Conscious Attitudinal Infringement Area , where moral dilemmas take birth to bridge the two different kinds of attitudes to give way to attitudinal interrelatedness. In order to 'reinforce' CAIA to narrow the gap between personal behaviour and public behaviour, lead a moral life and behave ethically in public, there has to be harmony between the inner (...)
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  43.  76
    Francois Berger, Sjef Gevers, Ludwig Siep & Klaus-Michael Weltring (2008). Ethical, Legal and Social Aspects of Brain-Implants Using Nano-Scale Materials and Techniques. NanoEthics 2 (3):241-249.
    Nanotechnology is an important platform technology which will add new features like improved biocompatibility, smaller size, and more sophisticated electronics to neuro-implants improving their therapeutic potential. Especially in view of possible advantages for patients, research and development of nanotechnologically improved neuro implants is a moral obligation. However, the development of brain implants by itself touches many ethical, social and legal issues, which also apply in a specific way to devices enabled or improved by nanotechnology. For researchers developing nanotechnology (...)
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  44.  58
    Alasdair MacIntyre (2010). Danish Ethical Demands and French Common Goods: Two Moral Philosophies. European Journal of Philosophy 18 (1):1-16.
    Abstract: Is Knud Eiler Løgstrup's conception of the ethical demand as deeply incompatible with the central theses of 20th century French Thomistic moral philosophy as it seems to be? Discussion of this question requires attention to both the Lutheran and the phenomenological background of Løgstrup's thought; a consideration of the Danish and French social contexts in which the claims of the two moral philosophies were developed; and an enquiry into how far aspects of each are complementary (...)
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  45.  12
    Arturo José Sánchez Hernández (2013). Relationship between normality of personality criteria, neurotic disorders and ethical-moral values. Humanidades Médicas 13 (1):5-21.
    Se reflexionó sobre la personalidad normal, su relación con los valores ético-morales, y los aspectos en los que la personalidad del paciente con trastornos neuróticos se aparta de la normalidad y que varios criterios de la normalidad constituyen precisiones del concepto de valor ético-moral. Se concluyó que la personalidad del paciente con trastornos neuróticos se aparta de la mayoría de los criterios analizados de normalidad de la personalidad: los criterios de ausencia de psicopatología, el estadístico, el de relaciones interpersonales, (...)
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  46.  10
    Maria M. Wolter (2013). Examining the Need to Complement Karol Wojtyła's Ethical Personalism Through an Ethics of Inner Responses, Fundamental Moral Attitudes, and Virtues. American Catholic Philosophical Quarterly 87 (1):97-115.
    An objection has been raised that Karol Wojtyła presents an ethical system heavily centered on actions and deeds. With the exception of his occasional references to the virtue of chastity in Love and Responsibility and his first writing on Saint John, some of the most central themes of ancient and medieval, as well as of contemporary, ethics seem almost entirely absent. In the following article, we will turn to Wojtyła’s most important philosophical work, The Acting Person, to glean from (...)
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  47.  1
    M. J. Newton (1986). Moral Dilemmas in Surgical Training: Intent and the Case for Ethical Ambiguity. Journal of Medical Ethics 12 (4):207-211.
    It is often assumed that the central problem in a medical ethics issue is determining which course of action is morally correct. There are some aspects of ethical issues that will yield to such analysis. However, at the core of important medical moral problems is an irreducible dilemma in which all possible courses of action, including inaction, seem ethically unsatisfactory. When facing these issues ethical behaviour depends upon an individual's understanding and acceptance of this painful dilemma (...)
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  48.  1
    Friderik Klampfer (2005). Contextualism and Moral Justification: A Discussion of Mark Timmons, Morality Without Foundations: A Defense of Ethical Contextualism. Croatian Journal of Philosophy 5 (3):569-582.
    In his insightful and stimulating book Morality Without Foundations: A Defense of Ethical Contextualism, Mark Timmons presents a strong case for embracing contextualism as a vibrant alternative to the two rival accounts that used to dominate moral epistemology in the past, foundationalism and coherentism. His sophisticated version of contextualist moral epistemology comprises of several intriguing and mind-boggling theses: moral beliefs that lack Justification altogether can nevertheless be held in an epistemically responsible way; such unjustified beliefs can (...)
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  49.  1
    D. C. Malloy, J. Williams, T. Hadjistavropoulos, B. Krishnan, M. Jeyaraj, E. F. McCarthy, M. Murakami, S. Paholpak, J. Mafukidze & B. Hillis (2008). Ethical Decision-Making About Older Adults and Moral Intensity: An International Study of Physicians. Journal of Medical Ethics 34 (4):285-296.
    Through discourse with international groups of physicians, we conducted a cross-cultural analysis of the types of ethical dilemmas physicians face. Qualitative analysis was used to categorise the dilemmas into seven themes, which we compared among the physicians by country of practice. These themes were a-theoretically-driven and grounded heavily within the text. We then subjected the dilemmas to an analysis of moral intensity, which represents an important theoretical perspective of ethical decision making. These constructs represent salient determinants of (...)
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  50. Duane L. Cady (2005). Moral Vision: How Everyday Life Shapes Ethical Thinking. Rowman & Littlefield Publishers.
    Ethics and rationality -- Moral frameworks -- Experience in context -- Aesthetic aspects of ethical thought -- Morals and metaphors -- Ethics and pluralism -- Moral thinking -- Afterword: diversity, relativism, and nonviolence.
     
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