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

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  1. Marek Piechowiak (2009). Klauzula limitacyjna a nienaruszalność praw i godności [Limitation Clause and the Inviolability of Rights and Dignity]. Przegląd Sejmowy 17 (2 (91)):55-77.
    The author examines the arguments for applicability of the limitation clause which specifies the requirements for limitation of constitutional freedoms and rights (Article 31 para. 3 of the Constitution) to the right to protection of life (Article 38). Even if there is almost a general acceptance of such applicability, this approach does not hold up to criticism based on the rule existing in the Polish legal order that treaty commitments concerning human rights have supremacy over national statutory regulations. (...)
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  2. Maria Rosa Antognazza (2014). Primary Matter, Primitive Passive Power, and Creaturely Limitation in Leibniz. Studia Leibnitiana 46 (2):167-186.
    In this paper I argue that, in Leibniz’s mature metaphysics, primary matter is not a positive constituent which must be added to the form in order to have a substance. Primary matter is merely a way to express the negation of some further perfection. It does not have a positive ontological status and merely indicates the limitation or imperfection of a substance. To be sure, Leibniz is less than explicit on this point, and in many texts he writes as (...)
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  3.  35
    Geng Yang & Qixue Zhang (2006). The Essence, Characteristics and Limitation of Post-Colonialism: From Karl Marx's Point of View. [REVIEW] Frontiers of Philosophy in China 1 (2):279-294.
    Following postmodernism, post-colonialism reflects modernity from a new perspective-the cultural perspective. Post-colonialism interprets colonialism contained in modernity, deconstructs orientalism and cultural hegemonism, and turns western reflection of modernity into an inquiry about the global relationship between the East and the West. Post-colonialism brings forward a new theoretical domain, that is, the colonizational relationship between the East and the West in the process of modernization. This interpretation expresses a strong tendency of anti-western centrality and shares some ideas with Marxism. This article (...)
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  4.  2
    Nicola Godden (2010). Sexual Abuse and Claims in Tort: Limitation Periods After A V Hoare (and Other Appeals) [2008] and AB and Others V Nugent Care Society; GR V Wirral MBC [2009]. [REVIEW] Feminist Legal Studies 18 (2):179-190.
    The claimants brought civil suits against child care institutions and authorities for the sexual abuse to which they were subject whilst under the defendants’ responsibility. These cases were not initiated until the claimants were well into adulthood and began recognising the harms they had suffered, and as a result, their claims were time-barred at first instance. However, after A v Hoare (and Other Appeals), in which the House of Lords significantly altered the laws on limitation, their cases were reheard (...)
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  5. Dennis Schulting (2010). Limitation and Idealism: Kant's 'Long' Argument From the Categories. In Dennis Schulting Jacco Verburgt (ed.), Kant's Idealism. Springer
    I argue, without offering what Ameriks has called a 'short argument', that idealism follows already from the constraints that the use of the categories, in particular the categories of quality, places on the conceivability of things in themselves. My claim is that, although it is not only possible but also necessary to think things in themselves, it doesn't follow that by merely thinking we have a full grasp of the nature of things in themselves. For support, I look to a (...)
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  6.  6
    Kristin Savell (2011). Confronting Death in Legal Disputes About Treatment-Limitation in Children. Journal of Bioethical Inquiry 8 (4):363-377.
    Most legal analyses of selective nontreatment of seriously ill children centre on the question of whether it is in a child’s best interests to be kept alive in the face of extreme suffering and/or an intolerable quality of life. Courts have resisted any direct confrontation with the question of whether the child’s death is in his or her best interests. Nevertheless, representations of death may have an important role to play in this field of jurisprudence. The prevailing philosophy is to (...)
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  7. Øystein Linnebo (2005). Against Limitation of Size. The Baltic International Yearbook of Cognition, Logic and Communication 1.
  8.  3
    P. A. Vroon (1973). Tapping Rate as a Measure of Expectancy in Terms of Response and Attention Limitation. Journal of Experimental Psychology 101 (1):183.
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  9.  1
    Tomas Mackevičius & Marius Rakštelis (2010). Realization of the Liberty Limitation Punishment (text only in Lithuanian). Jurisprudence 122 (4):261-277.
    The article deals with a study of a distinct criminal punishment established in the Criminal Code and the Code of Punishment Enforcement of the Republic of Lithuania—restriction of liberty, as an alternative to imprisonment. Without investigating extensively the course of development of this penalty, in the article it is sought to overview the development trends of restriction of liberty; analyse the problems of enforcing this penalty and suggest measures to eliminate them; investigate whether the legal regulation of Lithuania is in (...)
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  10.  1
    Yang Geng & Zhang Qixue (2006). The Essence, Characteristics and Limitation of Post-Colonialism: From Karl Marx's Point of View. Frontiers of Philosophy in China 1 (2):279-294.
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  11. Katherine Withy (2014). Situation and Limitation: Making Sense of Heidegger on Thrownness. European Journal of Philosophy 22 (1):61-81.
    : As Heidegger acknowledges, our understanding is essentially situated and so limited by the context and tradition into which it is thrown. But this ‘situatedness’ does not exhaust Heidegger's concept of ‘thrownness’. By examining this concept and its grammar, I develop a more complete interpretation. I identify several different kinds of finitude or limitation in our understanding, and touch on ways in which we confront and carry different dimensions of our past.
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  12.  18
    Miriam Gur-Arye (2012). Human Dignity of “Offenders”: A Limitation on Substantive Criminal Law. [REVIEW] Criminal Law and Philosophy 6 (2):187-205.
    The paper argues for attaching a significant role to the dignity of offenders as a limitation on the scope of substantive criminal law. Three different aspects of human dignity are discussed. Human dignity is closely connected with the principle of culpability. Respecting the dignity of offenders requires that we assign criminal liability according to the actual attitudes of the offenders towards the interests protected by the offence. The doctrine of natural and probable consequence of complicity, which allows us to (...)
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  13.  97
    Julian Savulescu (1994). Rational Desires and the Limitation of Life-Sustaining Treatment. Bioethics 8 (3):191–222.
    ABSTRACTIt is accepted that treatment of previously competent, now incompetent patients can be limited if that is what the patient would desire, if she were now competent. Expressed past preferences or an advance directive are often taken to constitute sufficient evidence of what a patient would now desire. I distinguish between desires and rational desires. I argue that for a desire to be an expression of a person's autonomy, it must be or satisfy that person's rational desires. A person rationally (...)
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  14.  6
    Jan van Bavel (2006). The Effect of Fertility Limitation on Intergenerational Social Mobility: The Quality–Quantity Trade-Off During the Demographic Transition. Journal of Biosocial Science 38 (4):553-569.
    The hypothesis that family size limitation by parents enhances the upward mobility chances of their children in (post)industrial populations has a long-standing record in many disciplines, including sociology and economics, as well as evolutionary anthropology and social biology. Yet the empirical record supporting or contradicting the theory is surprisingly limited. The aim of this contribution is to develop a test of the effect of family size limitation on children’s intergenerational mobility. This test is applied to an urban population (...)
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  15.  3
    Jan Schildmann, Julia Hoetzel, Anne Baumann, Christof Mueller-Busch & Jochen Vollmann (2011). Limitation of Treatment at the End of Life: An Empirical-Ethical Analysis Regarding the Practices of Physician Members of the German Society for Palliative Medicine. Journal of Medical Ethics 37 (6):327-332.
    Objectives To determine the frequencies and types of limitation of medical treatment performed by physician members of the German Society for Palliative Medicine and to analyse the findings with respect to clinical and ethical aspects of end-of-life practices. Design Cross-sectional postal survey. Setting Data collection via the secretary of the German Society for Palliative Medicine using the German language version of the EURELD survey instrument. Subjects All 1645 physician members of the German Society for Palliative Medicine. Main outcome measures (...)
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  16.  11
    Stephanie Ruphy, Which Forms of Limitation of the Autonomy of Science Are Epistemologically Acceptable ?
    This paper will investigate whether constraints on possible forms of limitation of the autonomy of science can be derived from epistemological considerations. Proponents of the autonomy of science often link autonomy with virtues such as epistemic fecundity, capacity to generate technological innovations and capacity to produce neutral expertise. I will critically discuss several important epistemological assumptions underlying these links, in particular the “unpredictability argument”. This will allow me to spell out conditions to be met by any form of (...) of the autonomy of science to be epistemologically acceptable. These conditions can then be used as a framework to evaluate possible or existing forms of limitations of the autonomy of science. And it will turn out that the option of direct public participation might not be the best way to go to democratize the setting of research agenda. (shrink)
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  17. Georg Northoff & K. Musholt (2006). How Can Searle Avoid Property Dualism? Epistemic-Ontological Inference and Autoepistemic Limitation. Philosophical Psychology 19 (5):589-605.
    Searle suggests biological naturalism as a solution to the mind-brain problem that escapes traditional terminology with its seductive pull towards either dualism or materialism. We reconstruct Searle's argument and demonstrate that it needs additional support to represent a position truly located between dualism and materialism. The aim of our paper is to provide such an additional argument. We introduce the concept of "autoepistemic limitation" that describes our principal inability to directly experience our own brain as a brain from the (...)
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  18.  18
    Jeff Klooger (2012). The Meanings of Autonomy Project, Self-Limitation, Democracy and Socialism. Thesis Eleven 108 (1):84-98.
    The concept of autonomy as presented in the works of Cornelius Castoriadis offers the possibility of expressing the core aims of a radical politics in a manner divorced from a discredited Marxist or communist past. The concept occasions ongoing debate about its true meaning as well as its implications and consequences. Some people question the value and viability of autonomy as a political aim. This article attempts to elucidate and defend what I see as the central meanings and implications of (...)
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  19.  8
    Igor Agostini (2009). La démonstration de l'infinité de Dieu et le principe de la limitation de l'acte par la puissance chez Thomas d'Aquin. Les Etudes Philosophiques 91 (4):455.
    Résumé — Cet article se propose de fournir une contribution au débat interprétatif sur le principe de la limitation de l’acte par la puissance dans la démonstration de l’infinité de Dieu de la Summa theologiae de Thomas d’Aquin à travers une enquête à caractère historique qui expose quelques-unes des étapes capitales de l’histoire de cette preuve. Le désaccord qui divise les interprètes contemporains à propos du rôle joué par le principe susdit hérite, en réalité, d’une opposition séculaire parmi les (...)
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  20.  36
    Michael Ashby (2011). The Futility of Futility: Death Causation is the 'Elephant in the Room' in Discussions About Limitation of Medical Treatment. [REVIEW] Journal of Bioethical Inquiry 8 (2):151-154.
    The term futility has been widely used in medical ethics and clinical medicine for more than twenty years now. At first glance it appears to offer a clear-cut categorical characterisation of medical treatments at the end of life, and an apparently objective way of making decisions that are seen to be emotionally painful for those close to the patient, and ethically, and also potentially legally hazardous for clinicians. It also appears to deal with causation, because omission of a futile treatment (...)
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  21.  12
    S. Khirani, L. Biot, A. Eberhard & P. Baconnier (2001). Positive End Expiratory Pressure and Expiratory Flow Limitation: A Model Study. Acta Biotheoretica 49 (4):277-290.
    Patients suffering from chronic obstructive pulmonary diseases, frequently exhibit expiratory airflow limitation. We propose a mathematical model describing the mechanical behavior of the ventilated respiratory system. This model has to simulate applied positive end-expiratory pressure effects during expiration, a process used by clinicians to improve airflow. The proposed model consists of a nonlinear two-compartment system. One of the compartments represents the collapsible airways and mimics its dynamic compression, the other represents the lung and chest wall compartment. For all clinical (...)
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  22.  13
    Daniel Rodríguez Carreiro (2013). The Dao Against the Tyrant: The Limitation of Power in the Political Thought of Ancient China. Libertarian Papers 5 (1):111-152.
    In Chinese history the periods known as Spring and Autumn (770-476 BC) and the Warring States (475-221 BC) were times of conflict and political instability caused by the increasing power of centralized and competing states. During this time of crisis many schools of thought appeared to offer different philosophical doctrines. This paper describes and studies ideas about the limitation of power defended by these different schools of ancient Chinese thought, and suggests some reasons why they failed to prevent the (...)
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  23.  15
    Julian Savulescu (1994). Treatment Limitation Decisions Under Uncertainty: The Value of Subsequent Euthanasia. Bioethics 8 (1):49–73.
    ABSTRACTThis paper examines how decisions to limit treatment to critically ill patients under uncertainty can be made rationally. Expected utility theory offers one way of making rational decisions under uncertainty. One problem with using this approach is that we may not know the value of each option. One rational course open is to treat until further information becomes available. However, treatment can limit the range of options open. With treatment, a patient may recover such that he no longer requires life‐supporting (...)
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  24.  36
    Michael Detlefsen (2002). Löb's Theorem as a Limitation on Mechanism. Minds and Machines 12 (3):353-381.
    We argue that Löb's Theorem implies a limitation on mechanism. Specifically, we argue, via an application of a generalized version of Löb's Theorem, that any particular device known by an observer to be mechanical cannot be used as an epistemic authority (of a particular type) by that observer: either the belief-set of such an authority is not mechanizable or, if it is, there is no identifiable formal system of which the observer can know (or truly believe) it to be (...)
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  25.  3
    Larry L. Burmeister (2008). Resilience and Vulnerability in US Farm Policy: Parsing the Payment Limitation Debate. [REVIEW] Agriculture and Human Values 25 (2):183-186.
    Since the New Deal era, the commodity title has been the major farm support program in US farm bills. Commodity programs have encouraged farmers to pursue specialized, monocultural, and input intensive production strategies that are increasingly viewed as unsustainable. Yet commodity programs remain politically resilient. As revealed in the farm payment limitation debate in the 2007 farm bill reauthorization process, political support for commodity programs is maintained through policy elasticity adaptations that combine new with old policy rationales. The recent (...)
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  26.  2
    Gilberto de Jesús Betancourt Betancourt & Rivero Castillo (2015). Therapeutic effort limitation: religious and cultural aspects. Humanidades Médicas 15 (1):145-162.
    La comprensión de la muerte varía según la época, la cultura, la religión y la edad. Con anterioridad al desarrollo que la ciencia médica ha experimentado desde finales del siglo XIX, en la mayoría de las culturas y religiones había una aceptación de la muerte y se consideraba como parte del ciclo vital de la persona donde se trascendía a una forma celestial y puramente sobrenatural. Los avances científicos de la medicina han venido a cambiar esta situación. La muerte se (...)
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  27.  8
    Lynda Stone (2011). Outliers, Cheese, and Rhizomes: Variations on a Theme of Limitation. Educational Theory 61 (6):647-658.
    All research has limitations, for example, from paradigm, concept, theory, tradition, and discipline. In this article Lynda Stone describes three exemplars that are variations on limitation and are “extraordinary” in that they change what constitutes future research in each domain. Malcolm Gladwell's present day study of outliers makes a statistical term into a sociological concept. Carlo Ginzburg's study of a sixteenth-century miller who challenges Church doctrine initiates the field of microhistory. Gilles Deleuze and Felix Guattari's philosophy of the rhizome (...)
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  28.  5
    Gottfried Schweiger (2012). Achieving Income Justice in Professional Sports: Limitation, Taxation, or Donation. Physical Culture and Sport 56 (1):12-22.
    This paper is based on the assumption that the high incomes of some professional sports athletes, such as players in professional leagues in the United States and Europe, pose an ethical problem of social justice. I deal with the questions of what should follow from this evaluation and in which ways those incomes should be regulated. I discuss three different options: a) the idea that the incomes of professional athletes should be limited, b) the idea that they should be vastly (...)
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  29.  7
    S. Khirani, L. Biot, P. Lavagne, A. Duguet, T. Similowski & P. Baconnier (2004). Identification of a Non-Linear Model as a New Method to Detect Expiratory Airflow Limitation in Mechanically Ventilated Patients. Acta Biotheoretica 52 (4):241-254.
    Expiratory flow limitation (EFL) can occur in mechanically ventilated patients with chronic obstructive pulmonary disease and other disorders. It leads to dynamic hyperinflation with ensuing deleterious consequences. Detecting EFL is thus clinically relevant. Easily applicable methods however lack this detection being routinely made in intensive care. Using a simple mathematical model, we propose a new method to detect EFL that does not require any intervention or modification of the ongoing therapeutic. The model consists in a monoalveolar representation of the (...)
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  30.  6
    C. M. Gonzalez (2010). Limitation of the Diagnostic Effort in Paediatrics. Journal of Medical Ethics 36 (11):648-651.
    The principle objective of a diagnosis is not to categorise symptoms, or group a combination of signs or clinical symptoms in a coherent way, but to cure a patient or improve their quality of life. Diagnoses that are technically correct, but do not seek this objective may become unnecessary labels which convert healthy people, or those who do not consider themselves to be sick, into patients. We propose a limitation of the diagnostic effort in order to reduce the iatrogenic (...)
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  31. Ferenc Hörcher (2002). The Question of the Limitation of the State by the Law: A Comparison of Kelsen's and Hayek's Approach. Rechtstheorie 33 (2-4):369-380.
     
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  32. James Kreines (2009). Kant on the Laws of Nature: Laws, Necessitation, and the Limitation of Our Knowledge. European Journal of Philosophy 17 (4):527-558.
    Consider the laws of nature—the laws of physics, for example. One familiar philosophical question about laws is this: what is it to be a law of nature? More specifically, is a law of nature a regularity, or a generalization stating a regularity? Or is it something else? Another philosophical question is: how, and to what extent, can we have knowledge of the laws of nature? I am interested here in Kant's answers to these questions, and their place within his broader (...)
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  33.  17
    John Mayberry (1986). Cantorian Set Theory and Limitation of Size. [REVIEW] Philosophical Quarterly 36 (144):429-434.
    This is a book review of Cantorian set theory and limitations of size by Michael Hallett.
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  34.  34
    James Lee Lindon, Jolaine R. Draugalis, Kenneth V. Iserson & Stephen Joel Coons (1996). Evaluation of a Bioethics Committee Intervention: A Limitation of Medical Treatment Form. [REVIEW] HEC Forum 8 (3):145-156.
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  35.  10
    Ulrike Hahn (2014). Experiential Limitation in Judgment and Decision. Topics in Cognitive Science 6 (2):229-244.
    The statistics of small samples are often quite different from those of large samples, and this needs to be taken into account in assessing the rationality of human behavior. Specifically, in evaluating human responses to environmental statistics, it is the effective environment that matters; that is, the environment actually experienced by the agent needs to be considered, not simply long-run frequencies. Significant deviations from long-run statistics may arise through experiential limitations of the agent that stem from resource constraints and/or (...)
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  36.  1
    Annie Roy-Charland, Melanie Perron, Olivia Beaudry & Kaylee Eady (2014). Confusion of Fear and Surprise: A Test of the Perceptual-Attentional Limitation Hypothesis with Eye Movement Monitoring. Cognition and Emotion 28 (7):1214-1222.
  37.  3
    Sam Porter & Peter O’Halloran (2012). The Use and Limitation of Realistic Evaluation as a Tool for Evidence-Based Practice: A Critical Realist Perspective. Nursing Inquiry 19 (1):18-28.
  38.  27
    Edmund D. Pellegrino (1995). The Limitation of Empirical Research in Ethics. Journal of Clinical Ethics 6 (2):161.
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  39. James Turner Johnson (1982). Ideology, Reason, and the Limitation of War: Religious and Secular Concepts, 1200-1740. Religious Studies 18 (1):114-116.
     
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  40. Duncan MacIntosh (2007). The Mutual Limitation of Needs as Bases of Moral Entitlements: A Solution to Braybrooke's Problem. In Susan Sherwin & Peter Schotch (eds.), Engaged Philosophy: Essays in Honour of David Braybrooke. University of Toronto Press
    David Braybrooke argues that meeting people’s needs ought to be the primary goal of social policy. But he then faces the problem of how to deal with the fact that our most pressing needs, needs to be kept alive with resource-draining medical technology, threaten to exhaust our resources for meeting all other needs. I consider several solutions to this problem, eventually suggesting that the need to be kept alive is no different in kind from needs (...)
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  41.  11
    Randall Jr (1943). The Hero in History: A Study in Limitation and Possibility. [REVIEW] Journal of Philosophy 40 (21):575-580.
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  42.  17
    Günter Zöller (2000). German Realism: The Self-Limitation of Idealist Thinking in Fichte, Schelling, and Schopenhauer. In Karl Ameriks (ed.), The Cambridge Companion to German Idealism. Cambridge University Press 200--218.
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  43.  31
    P. Tourrenc & T. Melliti (1995). Gravitational Limitation on the Verification of Special Relativity in the Laboratory. Foundations of Physics 25 (2):361-376.
    We analyze the Michelson type experiment performed by Brillet and Hall. The order of magnitude of the gravitational effect (a beating frequency between two lasers) is calculated. We prove that Newtonian tidal forces could be observed when they originate from the oblateness of the Earth, from its rotation, from local masses, from the Moon or the Sun but not from the Galaxy (contrary to what has been recently claimed). We conclude that it is important to build a new parametrized theoretical (...)
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  44.  15
    Skip Worden (2009). Aristotle's Natural Wealth: The Role of Limitation in Thwarting Misordered Concupiscence. [REVIEW] Journal of Business Ethics 84 (2):209 - 219.
    I argue that Aristotle's approach to the proper type of acquisition, use-value, want, and accumulation/storage of wealth is oriented less to excluding commercial activity, such as that of Aristotle's Athens, than to forestalling misordered concupiscence – the taking of an inherendy limited good for the unlimited, or highest, good. That is, his moral aversion to taking a means for an end lies behind his rendering of the sort of wealth that is natural. By stressing the limited nature of natural wealth, (...)
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  45. Toshiharu Waragai (1996). IS-A Relation, the Principle of Comprehension and the Doctrine of Limitation of Size. Annals of the Japan Association for Philosophy of Science 9 (1):23-34.
     
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  46.  32
    Mohammad Hasan Soleimani (2008). The Limitation of Skepticism. Proceedings of the Xxii World Congress of Philosophy 53:267-271.
    The human in continuous century envisage the skepticism. When the human envisage the deficiency of his knowledge, will be in trouble of skepticism, when the knowledge of human fundamentally is doubted, all internal or external impressions will be doubted, so the man envisage the unlimited skepticism. But is it possible and logical? The possibility of it is a psychological question too, but my effort is the epistemological surveying of it. We can survey this question in two ways. One way is (...)
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  47.  6
    D. W. Rathbone (1995). Crisis Limitation. The Classical Review 45 (01):106-.
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  48.  8
    Francis C. Lehner (1953). Individual Rights as a Limitation of the Common Good. Proceedings of the American Catholic Philosophical Association 27:127-138.
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  49.  7
    John J. Conley (1994). Will and Limitation. Inquiry 13 (1-2):42-43.
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  50.  13
    Vesna Stanković-Pejnović (2010). European Standards of Minority Protections: From Conditionality to Limitation: Case of Croatia. Filozofija I Društvo 21 (2):145-166.
    EU promotes norms which lack a basis in EU law and do not directly translate into the acquis communautaire EU. Limits of EU conditionality in the area of minority rights are visible in closer look at the EU’s monitoring mechanism, including Regular Reports, which locate EU’s minority criterion in the domestic political context. Reports have structure broadly follows the Copenhagen criteria. Serious efforts are needed for achieving practical results flowing from the implementation of the legislative framework pertaining to minority issues. (...)
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