Results for 'Hypothetical retrospection'

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  1.  56
    Hypothetical Retrospection.Sven Ove Hansson - 2007 - Ethical Theory and Moral Practice 10 (2):145-157.
    Moral theory has mostly focused on idealized situations in which the morally relevant properties of human actions can be known beforehand. Here, a framework is proposed that is intended to sharpen moral intuitions and improve moral argumentation in problems involving risk and uncertainty. Guidelines are proposed for a systematic search of suitable future viewpoints for hypothetical retrospection. In hypothetical retrospection, a decision is evaluated under the assumption that one of the branches of possible future developments has (...)
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  2. Hypothetical Insurance and Higher Education.Ben Colburn & Hugh Lazenby - 2016 - Journal of Philosophy of Education 50 (4):587-604.
    What level of government subsidy of higher education is justified, in what form, and for what reasons? We answer these questions by applying the hypothetical insurance approach, originally developed by Ronald Dworkin in his work on distributive justice. On this approach, when asking how to fund and deliver public services in a particular domain, we should seek to model what would be the outcome of a hypothetical insurance market: we stipulate that participants lack knowledge about their specific resources (...)
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  3.  16
    Why the order of the figures of the hypothetical syllogisms was changed.Hypothetical Syllogisms Was Changed - 2000 - Classical Quarterly 50:247-251.
  4.  12
    Philosophy of Medicine and Bioethics.A. Twenty-Year Retrospective - 2002 - Philosophy 50.
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  5.  21
    Going a step further: Valerius flaccus'metapoetical reading of propertius'hylas.I. Retrospective Interpretation - 2007 - Classical Quarterly 57:606-620.
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  6.  79
    European Public Deliberation on Brain Machine Interface Technology: Five Convergence Seminars. [REVIEW]Karim Jebari & Sven-Ove Hansson - 2013 - Science and Engineering Ethics 19 (3):1071-1086.
    We present a novel procedure to engage the public in ethical deliberations on the potential impacts of brain machine interface technology. We call this procedure a convergence seminar, a form of scenario-based group discussion that is founded on the idea of hypothetical retrospection. The theoretical background of this procedure and the results of five seminars are presented.
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  7.  36
    Fundamental Uncertainty and Values.Daniele Chiffi & Ahti-Veikko Pietarinen - 2017 - Philosophia 45 (3):1027-1037.
    This paper explores the intertwining of uncertainty and values. We consider an important but underexplored field of fundamental uncertainty and values in decision-making. Some proposed methodologies to deal with fundamental uncertainty have included potential surprise theory, scenario planning and hypothetical retrospection. We focus on the principle of uncertainty transduction in hypothetical retrospection as an illustrative case of how values interact with fundamental uncertainty. We show that while uncertainty transduction appears intuitive in decision contexts it nevertheless fails (...)
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  8.  35
    The future is not what it used to be: On the roles and function of assumptions in visions of the future.Eric Brandstedt & Oksana Mont - 2016 - In Max Koch & Oksana Mont (eds.), Sustainability and the Political Economy of Welfare. Routledge. pp. 59-74.
    Any future-oriented work, whether of academic or policy kind, needs a vision of the future, however vague. It is well known that such predictions are bound to be wrong, at least on the margin. The question is how to minimise that threat and make reliable assumptions. In this chapter we discuss a strategy of hypothetical retrospection. By imagining a future state of the world that is radically different from the present, we scrutinise hidden assumptions and suppositions taken for (...)
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  9.  46
    Coping with the Unpredictable Effects of Future Technologies.Sven Ove Hansson - 2011 - Philosophy and Technology 24 (2):137-149.
    Available methods such as technology assessment and risk analysis have failed to predict the effects of technological choices. We need to give up the futile predictive ambitions of previous approaches and instead base decisions on systematic studies of alternative future developments. It will then be necessary to cope with mere possibility arguments, i.e., arguments in which a conclusion is drawn from a mere possibility that a course of action may have certain consequences. A five-step procedure is proposed for the assessment (...)
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  10.  38
    Clinical Equipoise and Moral Leeway: An Epistemological Stance.Daniele Chiffi & Ahti-Veikko Pietarinen - 2019 - Topoi 38 (2):447-456.
    Clinical equipoise has been proposed as an ethical principle relating uncertainty and moral leeway in clinical research. Although CE has traditionally been indicated as a necessary condition for a morally justified introduction of a new RCT, questions related to the interpretation of this principle remain woefully open. Recent proposals to rehabilitate CE have divided the bioethical community on its ethical merits. This paper presents a new argument that brings out the epistemological difficulties we encounter in justifying CE as a principle (...)
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  11.  9
    Crucial Considerations: Essays on the Ethics of Emerging Technologies.Karim Jebari - 2012 - Dissertation, Royal Institute of Technology, Stockholm
    Essay I explores brain machine interface technologies. These make direct communication between the brain and a machine possible by means of electrical stimuli. This essay reviews the existing and emerging technologies in this field and offers a systematic inquiry into the relevant ethical problems that are likely to emerge in the following decades. Essay II, co-written with professor Sven-Ove Hansson, presents a novel procedure to engage the public in ethical deliberations on the potential impacts of brain machine interface technology. We (...)
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  12.  15
    Human enhancement and technological uncertainty : Essays on the promise and peril of emerging technology.Karim Jebari - 2014 - Dissertation, Royal Institute of Technology, Stockholm
    Essay I explores brain machine interface technologies. These make direct communication between the brain and a machine possible by means of electrical stimuli. This essay reviews the existing and emerging technologies in this field and offers an inquiry into the ethical problems that are likely to emerge. Essay II, co-written with professor Sven-Ove Hansson, presents a novel procedure to engage the public in deliberations on the potential impacts of technology. This procedure, convergence seminar, is a form of scenario-based discussion that (...)
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  13.  41
    European public advice on nanobiotechnology—four convergence seminars.Marion Godman & Sven Ove Hansson - 2009 - NanoEthics 3 (1):43-59.
    In order to explore public views on nanobiotechnology (NBT), convergence seminars were held in four places in Europe; namely in Visby (Sweden), Sheffield (UK), Lublin (Poland), and Porto (Portugal). A convergence seminar is a new form of public participatory activity that can be used to deal systematically with the uncertainty associated for instance with the development of an emerging technology like nanobiotechnology. In its first phase, the participants are divided into three “scenario groups” that discuss different future scenarios. In the (...)
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  14.  30
    Quantum measurements, sequential and latent.Robert H. Dicke - 1989 - Foundations of Physics 19 (4):385-395.
    The results of a hypothetical experiment requiring a sequence of quantum measurements are obtained retrospectively, after the experiment has been completed, from a single reading of an “apparatus register.” The experiment is carried out reversibly and Schrödinger's equation is satisfied until the terminal reading of the register. The technique is illustrated using a feasible method of measuring photon spin as the quantum “object” observable and using the photon energy as the “apparatus register.” The technique is used to discuss the (...)
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  15.  2
    On a Supposed Contradiction in Max Weber’s Logic of Science.Sonja Rinofner-Kreidl - 2023 - Graduate Faculty Philosophy Journal 44 (1):125-168.
    This paper grapples with two objections against Max Weber’s methodology that arise because Weber borrows some ideas from Heinrich Rickert’s neo-Kantian philosophical system. The first objection (“the contradiction argument”) is raised by Julius J. Schaaf who disagrees with Weber’s claim that historical objects are constituted through retrospectively and hypothetically applied selections of value relations and that we can understand these objects. Weber’s idea that the relating ideal type constructions are also non-arbitrary—i.e., not merely subjective—and can be rectified, Schaaf maintains, contradicts (...)
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  16.  11
    Hyperthematics. An extension of Josiah Royce's Philosophy of Interpretation.Marc Anderson - 2011 - Dissertation, Ku Leuven
    Contents Acknowledgements iii I. Royce and the Interpretation of His Contemporaries Introduction 1 1. Royce and Lotze 25 Introduction to Lotze. Lotze's ontology. Royce's response to Lotze. Successfull metaphysics renders experience broadly consistent without denying types of human experience. Logically testing metaphysical assumptions offers a promising methodology. The individual is not immediately given but realized through a process. The individual is not immediately given but realized through a process. Conclusion. 2. Royce and James 66 The friendship of James and Royce. (...)
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  17.  9
    They would have transitioned me: third conditional TERF grammar of trans childhood.Jacob Breslow - 2022 - Feminist Theory 23 (4):575-593.
    Some of the most virulent public trans-exclusionary radical feminist discourse in the UK follows the grammatical form of the third conditional: if I had grown up now, I would have been persuaded to transition. This articulation of the hypothetical threat of a transition that did not happen but is imagined, in retrospect, to be not just possible but forcibly enacted plays an important role, both politically and psychically, in a contemporary political landscape that is threatening the livelihoods of trans (...)
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  18.  96
    Responsibility for the Future.Joel Feinberg - 1988 - Philosophy Research Archives 14:93-113.
    Prospective ascription of responsibility is hypothetical, commonly noting or setting conditions for critical judgment or liability if some event occurs or fails to occur, thus determining vulnerability to retrospective judgments. Prospective liabilities can be classified by source, by type or degree (if any) of accompanying control, and by structure or stages.But not all prospective responsibility can be understood in terms of liability. Actual or de facto control over X and/or responsibility for Y (persons, animals, inanimate things, etc.), though they (...)
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  19.  24
    Responsibility for the Future.Joel Feinberg - 1988 - Philosophy Research Archives 14:93-113.
    Prospective ascription of responsibility is hypothetical, commonly noting or setting conditions for critical judgment or liability if some event occurs or fails to occur, thus determining vulnerability to retrospective judgments. Prospective liabilities can be classified by source, by type or degree (if any) of accompanying control, and by structure or stages.But not all prospective responsibility can be understood in terms of liability. Actual or de facto control over X and/or responsibility for Y (persons, animals, inanimate things, etc.), though they (...)
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  20.  68
    Responsibility for the Future.Joel Feinberg - 1988 - Philosophy Research Archives 14:93-113.
    Prospective ascription of responsibility is hypothetical, commonly noting or setting conditions for critical judgment or liability if some event occurs or fails to occur, thus determining vulnerability to retrospective judgments. Prospective liabilities can be classified by source, by type or degree (if any) of accompanying control, and by structure or stages.But not all prospective responsibility can be understood in terms of liability. Actual or de facto control over X and/or responsibility for Y (persons, animals, inanimate things, etc.), though they (...)
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  21.  30
    Responsibility for the Future.Joel Feinberg - 1988 - Philosophy Research Archives 14:93-113.
    Prospective ascription of responsibility is hypothetical, commonly noting or setting conditions for critical judgment or liability if some event occurs or fails to occur, thus determining vulnerability to retrospective judgments. Prospective liabilities can be classified by source, by type or degree (if any) of accompanying control, and by structure or stages.But not all prospective responsibility can be understood in terms of liability. Actual or de facto control over X and/or responsibility for Y (persons, animals, inanimate things, etc.), though they (...)
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  22.  42
    Trauma, Recognition, and the Place of Language.Juliet Mitchell - 1998 - Diacritics 28 (4):121-133.
    In lieu of an abstract, here is a brief excerpt of the content:Trauma, Recognition, and the Place of LanguageJuliet Mitchell (bio)Definitions of trauma abound within the psychoanalytic discipline. My own definition is going to be simple. A trauma, whether physical or psychical, must create a breach in a protective covering of such severity that it cannot be coped with by the usual mechanisms by which we deal with pain or loss. The severity of the breach is such that even if (...)
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  23. The Official Catalog of Potential Literature Selections.Ben Segal - 2011 - Continent 1 (2):136-140.
    continent. 1.2 (2011): 136-140. In early 2011, Cow Heavy Books published The Official Catalog of the Library of Potential Literature , a compendium of catalog 'blurbs' for non-existent desired or ideal texts. Along with Erinrose Mager, I edited the project, in a process that was more like curation as it mainly entailed asking a range of contemporary writers, theorists, and text-makers to send us an entry. What resulted was a creative/critical hybrid anthology, a small book in which each page opens (...)
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  24.  27
    Not so.Jacob T. Levy - manuscript
    Social contract theory imagines political societies as resting on a fundamental agreement, adopted at a discrete moment in hypothetical time, that both bound individual persons together into a single polity and set fundamental rules regarding that polity's structure and powers. Written constitutions, adopted at real moments in historical time, dictating governmental structures, bounding governmental powers, and entrenching individual rights, look temptingly like social contracts reified. I argue in this article, however, that something essential is lost in the casual slippage (...)
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  25.  3
    The Esthetics of Non-Classical Science.Jeanne Ferguson & Boris Kouznetsov - 1981 - Diogenes 29 (115):81-103.
    The theory of beauty has always rested on the representation of the infinite, understood in its finite expression and perceptible through the senses. The relationship of beauty to truth, of art to science, is inevitably modified with the new way of treating the infinite in the modern conception of the world. Non-classical science works with the notions of “infinitely large” and “infinitely small,” modifying their meanings in terms of experimental observations. We put these words in quotation marks because the Whole (...)
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  26. Wholly Hypothetical Syllogisms.Susanne Bobzien - 2000 - Phronesis 45 (2):87-137.
    ABSTRACT: In antiquity we encounter a distinction of two types of hypothetical syllogisms. One type are the ‘mixed hypothetical syllogisms’. The other type is the one to which the present paper is devoted. These arguments went by the name of ‘wholly hypothetical syllogisms’. They were thought to make up a self-contained system of valid arguments. Their paradigm case consists of two conditionals as premisses, and a third as conclusion. Their presentation, either schematically or by example, varies in (...)
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  27. Why Hypothetical Syllogism is Invalid for Indicative Conditionals.Moti Mizrahi - 2013 - Thought: A Journal of Philosophy 2 (1):40-43.
    In this article, I present a schema for generating counterexamples to the argument form known as Hypothetical Syllogism with indicative conditionals. If my schema for generating counterexamples to HS works as I think it does, then HS is invalid for indicative conditionals.
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  28.  73
    Hypothetical syllogistic and Stoic logic.Anthony Speca - 2001 - Boston: Brill.
    This book uncovers and examines the confusion in antiquity between Aristotle's hypothetical syllogistic and Stoic logic, and offers a fresh perspective on the ...
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  29.  5
    Hypothetical Syllogisms in Late Antiquity. 전재원 - 2019 - Journal of the New Korean Philosophical Association 95:321-338.
    본 논문의 목적은 아리스토텔레스로부터 시작하여 초기 페리파토스학파를 거쳐 고대후기에 이르기까지 ‘아리스토텔레스 논리학’의 특정 요소가 발전해 가는 과정을 추적하는 것이다. 고대 후기에는 가언삼단논법으로 분류된 4개의 논증형식이 있었다. 긍정적 긍정식(modus ponendo ponens), 부정적 부정식(modus tollendo tollens), 긍정적 부정식(modus ponendo tollens), 부정적 긍정식(modus tollendo ponens)이 그것들이다. 우리가 다루게 될 문제는 다음과 같은 것들이다. 앞에서 제시되었던 4개의 논증형식은 정확하게 어떤 상황에서 생겨났는가? 이 4개의 논증형식이 왜 ‘가언’ 삼단논법이라고 명명되었는가? 어떤 근거에서 이 4개의 논증형식이 타당하게 되는가? 논의를 진행하는 가운데 우리는 이 4개의 논증형식이 『분석론 전서』와 (...)
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  30. Hypothetical Consent and the Value (s) of Autonomy.David Enoch - 2017 - Ethics 128 (1):6-36.
    Hypothetical consent is puzzling. On the one hand, it seems to make a moral difference across a wide range of cases. On the other hand, there seem to be principled reasons to think that it cannot. In this article I put forward reasonably precise formulations of these general suspicions regarding hypothetical consent; I draw several distinctions regarding the ways in which hypothetical consent may make a moral difference; I distinguish between two autonomy-related concerns, nonalienation and sovereignty; and, (...)
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  31.  40
    Retrospective diagnosis of a famous historical figure: ontological, epistemic, and ethical considerations.Osamu Muramoto - 2014 - Philosophy, Ethics, and Humanities in Medicine 9:10.
    The aim of this essay is to elaborate philosophical and ethical underpinnings of posthumous diagnosis of famous historical figures based on literary and artistic products, or commonly called retrospective diagnosis. It discusses ontological and epistemic challenges raised in the humanities and social sciences, and attempts to systematically reply to their criticisms from the viewpoint of clinical medicine, philosophy of medicine, particularly the ontology of disease and the epistemology of diagnosis, and medical ethics. The ontological challenge focuses on the doubt about (...)
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  32. The hypothetical imperative?Mark Schroeder - 2005 - Australasian Journal of Philosophy 83 (3):357 – 372.
    According to the standard view, Kant held that hypothetical imperatives are universally binding edicts with disjunctive objects: take-the-means-or-don't-have-the-end. But Kant thought otherwise. He held that they are edicts binding only on some - those who have an end.
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  33. Hypothetical Consent and Justification.Cynthia A. Stark - 2000 - Journal of Philosophy 97 (6):313.
    Hypothetical contracts have been said to be not worth the paper they are not written on. This paper defends hypothetical consent theories of justice, such as Rawls's, against the view that they lack justificatory power. I argue that while hypothetical consent cannot generate political obligation, it can generate political legitimacy.
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  34. Hypothetical reasoning.Nicholas Rescher - 1964 - Amsterdam,: North-Holland Pub. Co..
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  35. Deceptive Retrospective Narrative Strategy and Synchronistic Prerequisite: Case Study on The Design of Impossible Puzzles.Yu Yang - 2023 - Cinej Cinema Journal 11 (1):258-288.
    The deceptive clues in the impossible puzzle film confirm the viewer’s internal expectations and allow retrospective attributing. In the film, a transcendental object negates an internal expectation, causing a retrospective blockage. Retrospectivity does not stop there; the transcendental object reinterpreting deceptive clues in the associative area leads to repeated attribution. This article consists of three parts. First, it discusses impossible puzzle films in the context of complex narrative classification. The following section introduces the Jungian concept of synchronicity and illustrates how (...)
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  36. Against Hypothetical Syllogism.Lee Walters - 2014 - Journal of Philosophical Logic 43 (5):979-997.
    The debate over Hypothetical Syllogism is locked in stalemate. Although putative natural language counterexamples to Hypothetical Syllogism abound, many philosophers defend Hypothetical Syllogism, arguing that the alleged counterexamples involve an illicit shift in context. The proper lesson to draw from the putative counterexamples, they argue, is that natural language conditionals are context-sensitive conditionals which obey Hypothetical Syllogism. In order to make progress on the issue, I consider and improve upon Morreau’s proof of the invalidity of (...) Syllogism. The improved proof relies upon the semantic claim that conditionals with antecedents irrelevant to the obtaining of an already true consequent are themselves true. Moreover, this semantic insight allows us to provide compelling counterexamples to Hypothetical Syllogism that are resistant to the usual contextualist response. (shrink)
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  37. Hypothetical Pattern Idealization and Explanatory Models.Yasha Rohwer & Collin Rice - 2013 - Philosophy of Science 80 (3):334-355.
    Highly idealized models, such as the Hawk-Dove game, are pervasive in biological theorizing. We argue that the process and motivation that leads to the introduction of various idealizations into these models is not adequately captured by Michael Weisberg’s taxonomy of three kinds of idealization. Consequently, a fourth kind of idealization is required, which we call hypothetical pattern idealization. This kind of idealization is used to construct models that aim to be explanatory but do not aim to be explanations.
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  38. Peripatetic Hypothetical Syllogistic in Galen.Susanne Bobzien - 2004 - Rhizai. A Journal for Ancient Philosophy and Science 2:57-102.
    ABSTRACT: Galen’s Institutio Logica is the only introduction to logic in Greek that has survived from antiquity. In it we find a theory that bears some resemblance to propositional logic. The theory is commonly understood as being essentially Stoic. However, this understanding of the text leaves us with a large number of inconsistencies and oddities. In this paper I offer an comprehensive alternative interpretation of the theory. I suggest that it is Peripatetic at base, and has drawn on Stoic elements, (...)
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  39. Hypothetical and Categorical Epistemic Normativity.Chase B. Wrenn - 2004 - Southern Journal of Philosophy 42 (2):273-290.
    In this paper, I consider an argument of Harvey Siegel's according to which there can be no hypothetical normativity anywhere unless there is categorical normativity in epistemology. The argument fails because it falsely assumes people must be bound by epistemic norms in order to have justified beliefs.
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  40. Hypothetical imperatives: Scope and jurisdiction.Mark Schroeder - forthcoming - In Robert Johnson & Mark Timmons (eds.), (unknown). Oxford University Press.
    The last few decades have given rise to the study of practical reason as a legitimate subfield of philosophy in its own right, concerned with the nature of practical rationality, its relationship to theoretical rationality, and the explanatory relationship between reasons, rationality, and agency in general. Among the most central of the topics whose blossoming study has shaped this field, is the nature and structure of instrumental rationality, the topic to which Kant has to date made perhaps the largest contribution, (...)
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  41. Hypothetical reasoning.Nicholas Rescher - 1964 - Revue Philosophique de la France Et de l'Etranger 156:503-504.
     
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  42. The Hypothetical Syllogism.Michael Morreau - 2009 - Journal of Philosophical Logic 38 (4):447-464.
    The hypothetical syllogism is invalid in standard interpretations of conditional sentences. Many arguments of this sort are quite compelling, though, and you can wonder what makes them so. I shall argue that it is our parsimony in regard to connections among events and states of affairs. All manner of things just might, for all we know, be bound up with one another in all sorts of ways. But ordinarily it is better, being simpler, to assume they are unconnected. In (...)
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  43. Defending hypothetical intentionalism.Jerrold Levinson - 2010 - British Journal of Aesthetics 50 (2):139-150.
    I here defend hypothetical intentionalism, the view of literary and cinematic interpretation that I endorse, from some recent criticisms, and then illustrate the appeal of the view in connection with a recent film of enigmatic cast.
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  44. The Hypothetical Consent Objection to Anti-Natalism.Asheel Singh - 2018 - Ethical Theory and Moral Practice 21 (5):1135-1150.
    A very common but untested assumption is that potential children would consent to be exposed to the harms of existence in order to experience its benefits. And so, would-be parents might appeal to the following view: Procreation is all-things-considered permissible, as it is morally acceptable for one to knowingly harm an unconsenting patient if one has good reasons for assuming her hypothetical consent—and procreators can indeed reasonably rely on some notion of hypothetical consent. I argue that this view (...)
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  45. Do Hypothetical Imperatives Require Categorical Imperatives?Jeremy Schwartz - 2010 - European Journal of Philosophy 18 (1):84-107.
    Abstract:Recently, the idea that every hypothetical imperative must somehow be ‘backed up’ by a prior categorical imperative has gained a certain influence among Kant interpreters and ethicists influenced by Kant. Since instrumentalism is the position that holds that hypothetical imperatives can by themselves and without the aid of categorical imperatives explain all valid forms of practical reasoning, the influential idea amounts to a rejection of instrumentalism as internally incoherent. This paper argues against this prevailing view both as an (...)
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  46. Retrospectivity of Judicial Interpretation of Penal Statutes.Deepa Kansra - 2009 - Journal of the Indian Law Institute 2 (51):250-266.
    The transitory and ever-evolving process of law making plays a role of primal importance in the regulation of human conduct of society. It goes without saying that in this entire process, judges have a participation. The power entrusted by law and the nature of judicial process, make judges the prime mover of the development of law. It matters how judges decide cases. It matters most to people unlucky or litigious or wicked or saintly enough to find themselves in court... The (...)
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  47.  12
    Retrospective review of bone mineral metabolism management in end-stage renal disease patients wait-listed for renal transplant.A. Chavlovski, G. A. Knoll, T. Ramsay, S. Hiremath & D. L. Zimmerman - 2012 - Transplant Research and Risk Management 2012.
    Anna Chavlovski,1 Greg A Knoll,1–3 Timothy Ramsay,4 Swapnil Hiremath,1–3 Deborah L Zimmerman1–31University of Ottawa, 2Ottawa Hospital, 3Kidney Research Centre, Ottawa Hospital Research Institute, 4Ottawa Methods Centre, Ottawa, ON, CanadaBackground: In patients with end-stage renal disease, use of vitamin D and calcium-based phosphate binders have been associated with progression of vascular calcification that might have an impact on renal transplant candidacy. Our objective was to examine management of mineral metabolism in patients wait-listed for renal transplant and to determine the impact on (...)
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  48. Two Dogmas in Retrospect.Willard van Orman Quine - 1991 - Canadian Journal of Philosophy 21 (3):265 - 274.
    In retrospecting "Two Dogmas" I find myself overshooting by twenty years. I think back to college days, 61 years agao. I majored in mathematics and was doing my honors reading in mathematical logic, a subject that had not yet penetrated the Oberlin curriculum. My new love, in the platonic sense, was Whitehead and Russell's Principia Mathematica.
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  49.  99
    Hypothetical consent and moral force.Daniel Brudney - 1991 - Law and Philosophy 10 (3):235 - 270.
    This article starts by examining the appeal to hypothetical consent as used by law and economics writers. I argue that their use of this kind of argument has no moral force whatever. I then briefly examine, through some remarks on Rawls and Scanlon, the conditions under which such an argument would have moral force. Finally, I bring these considerations to bear to criticize the argument of judge Frank Easterbrook's majority opinion in Flamm v. Eberstadt.
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  50.  31
    Is hypothetical consent a substitute for actual consent?Linus Broström & Mats Johansson - unknown
    The so-called Substituted Judgment Standard is one of several competing principles on how certain health care decisions ought to be made for patients who are not themselves capable of making decisions of the relevant kind. It says that a surrogate decision-maker, acting on behalf of the patient, ought to make the decision the patient would have made, had the latter been competent. The most common way of justifying the Substituted Judgment Standard is to maintain that this standard protects patients’ right (...)
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