Results for 'R. S. Duff'

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  1.  35
    Author's response to Richard Sherlock's commentary.A. G. M. Campbell & R. S. Duff - 1979 - Journal of Medical Ethics 5 (3):141-142.
  2.  69
    Communicative punishment and the role of the victim.R. A. Duff & S. E. Marshall - 2004 - Criminal Justice Ethics 23 (2):39-50.
  3.  60
    Camus and Rebellion: From Solipsism to Morality.R. A. Duff & S. E. Marshall - 1982 - Philosophical Investigations 5 (2):116-134.
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  4.  32
    Reporting Crimes and Arresting Criminals: Citizens’ Rights and Responsibilities Under Their Criminal Law.R. A. Duff & S. E. Marshall - forthcoming - Criminal Law and Philosophy:1-21.
    Taking as its starting point Miri Gur-Arye’s critical discussion of a legal duty to report crime, this paper sketches an idealising conception of a democratic republic whose citizens could be expected to recognise a civic responsibility to report crime, in order to assist the enterprise of a criminal law that is their common law. After explaining why they should recognise such a responsibility, what its scope should be, and how it should be exercised, and noting that that civic responsibility must (...)
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  5.  24
    Criminalization: The Political Morality of Criminal Law.R. A. Duff, Lindsay Farmer, S. E. Marshall, Massimo Renzo & Victor Tadros (eds.) - 2014 - Oxford University Press.
    The fourth volume in the Criminalization series, this volume explores some of the most general principles and theories of criminalization. It includes not only philosophical work, but also historical, legal, and sociological investigations into criminalization, clarifying the state of the discipline today.
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  6.  76
    Excuses, moral and legal: a comment on Marcia Baron’s ‘excuses, excuses’.R. A. Duff - 2007 - Criminal Law and Philosophy 1 (1):49-55.
    Marcia Baron has offered an illuminating and fruitful discussion of extra-legal excuses. What is particularly useful, and particularly important, is her focus on our excusatory practices—on the ways and contexts in which we make, offer, accept, bestow and reject excuses: if we are to reach an adequate understanding of excuses, their implications and their grounds, we must attend to the roles that they can play in our human activities and relationships—and to the complexities and particularities of those roles. However, I (...)
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  7.  39
    The Constitution of the Criminal Law.R. A. Duff, Lindsay Farmer, S. E. Marshall, Massimo Renzo & Victor Tadros (eds.) - 2013 - Oxford University Press.
    The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally how the criminal law can be constituted as part of the international order.
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  8.  56
    Crimes, Public Wrongs, and Civil Order.R. A. Duff & S. E. Marshall - 2019 - Criminal Law and Philosophy 13 (1):27-48.
    The idea that crimes can usefully be understood as ‘public wrongs’, and that this can generate a plausible principle of criminalisation, has found some support in recent years; it has also been subjected to some sharp criticism. This paper aims to sketch the most plausible version of that idea, and to show how, once properly explained, it is not vulnerable to those criticisms. After a brief defence of the negative principle, that we may not criminalise conduct that does not constitute (...)
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  9. Beccaria's Contractarian Criminal Law : jurisdiction, punishments and rewards.R. A. Duff & S. E. Marshall - 2022 - In Antje Du Bois-Pedain & Shaḥar Eldar (eds.), Re-reading Beccaria: on the contemporary significance of a penal classic. New York: Hart.
     
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  10. Beccaria's Contractarian Criminal Law : jurisdiction, punishments and rewards.R. A. Duff & S. E. Marshall - 2022 - In Antje Du Bois-Pedain & Shaḥar Eldar (eds.), Re-reading Beccaria: on the contemporary significance of a penal classic. New York: Hart.
     
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  11.  55
    The Limits of Virtue Jurisprudence.R. A. Duff - 2003 - Metaphilosophy 34 (1-2):214-224.
    In response to Lawrence Solum's advocacy of a ‘virtue–centred theory of judging’, I argue that there is indeed important work to be done in identifying and characterising those qualities of character that constitute judicial virtues – those qualities that a person needs if she is to judge well (though I criticise Solum's account of one of the five pairs of judicial vices and virtues that he identifies – avarice and temperance). However, Solum's more ambitious claims – that a judge's vice (...)
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  12.  42
    Is Criminal Law ‘Exceptional’?R. A. Duff & S. E. Marshall - 2023 - Criminal Law and Philosophy 17 (1):39-48.
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  13.  23
    Opening Death’s Door: Psilocybin and Existential Suffering in Palliative Care.Duff R. Waring - 2022 - In Tomas Zima & David N. Weisstub (eds.), Medical Research Ethics: Challenges in the 21st Century. Springer Verlag. pp. 235-262.
    A signal challenge of twenty-first century psychiatry is the effective treatment of existential/spiritual suffering in palliative care. This chapter will concentrate on research to assess the therapeutic potential of psilocybin to assuage that suffering. If a “psychedelic experience” can facilitate an acceptance of impending death, and reduce the existential suffering of those who endure it, it could prove to be a valuable intervention where one is sorely needed. The therapeutic use of psilocybin with dying patients (hereinafter patients) raises numerous questions (...)
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  14.  30
    Criminal responsibility and public reason.R. A. Duff & S. E. Marshall - 2007 - In Michael D. A. Freeman & Ross Harrison (eds.), Law and Philosophy. Oxford University Press.
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  15. Punishment, Communication, and Community.R. A. Duff - 2001 - Oup Usa.
    Part of the Studies in Crime and Public Policy series, this book, written by one of the top philosophers of punishment, examines the main trends in penal theorizing over the past three decades. Duff asks what can justify criminal punishment, and then explores the legitimacy of actual practices by examining what would count as adequate justification for them. Duff argues that a "communicative conception of punishment," which he presents as a third way between consequentialist and retributive theories, offers (...)
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  16.  8
    Telling it like it was: dignity therapy and moral reckoning in palliative care.Duff R. Waring - 2021 - Theoretical Medicine and Bioethics 42 (1):25-40.
    This article offers a conceptual analysis of self-respect and self-esteem that informs the ethics of psychotherapy in palliative care. It is focused on Chochinov’s Dignity Therapy, an internationally recognized treatment offered to dying patients who express a need to bolster their sense of self-worth. Although Dignity Therapy aims to help such patients affirm their value through summarized life stories that are shared with their survivors, it is not grounded in a robust theory of self-respect. There is reason to be skeptical (...)
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  17.  65
    Trials and Punishments.John Cottingham & R. A. Duff - 1987 - Philosophical Quarterly 37 (149):448.
    How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature of the law's (...)
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  18.  47
    Trials and Punishments.R. A. Duff - 1986 - Cambridge University Press.
    How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature of the law's (...)
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  19. Blame, moral standing and the legitimacy of the criminal trial.R. A. Duff - 2010 - Ratio 23 (2):123-140.
    I begin by discussing the ways in which a would-be blamer's own prior conduct towards the person he seeks to blame can undermine his standing to blame her. This provides the basis for an examination of a particular kind of 'bar to trial' in the criminal law – of ways in which a state or a polity's right to put a defendant on trial can be undermined by the prior misconduct of the state or its officials. The examination of this (...)
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  20.  24
    The Virtues of Aristotle By D. S. Hutchinson London: Routledge & Kegan Paul, 1986, ix+139 pp., £12.95. [REVIEW]R. A. Duff - 1987 - Philosophy 62 (242):539-.
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  21. Public and Private Wrongs.R. A. Duff & Sandra Marshall - 2010 - In James Chalmers, Fiona Leverick & Lindsay Farmer (eds.), Essays in Criminal Law in Honour of Sir Gerald Gordon. Edinburgh: Edinburhg University Press. pp. 70-85.
    Gordon's emphasizes that the process of prosecution is crucial to the idea of crime. One who commits a public wrong is properly called to public account for it, and the criminal trial constitutes such a public calling to account. The state is the proper prosecutor of crimes: since a crime is ‘our’ wrong, rather than only the victim's wrong, it is appropriate that we should prosecute it, collectively. The case is not simply V the victim, or P the plaintiff, against (...)
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  22.  96
    Crime, prohibition, and punishment.R. A. Duff - 2002 - Journal of Applied Philosophy 19 (2):97–108.
    Nigel Walker’s first principle of criminalization declares that ‘Prohibitions should not be included in the criminal law for the sole purpose of ensuring that breaches of them are visited with retributive punishment’. I argue that we should reject this principle, for ‘mala prohibita’ as well as for ‘mala in se’: conduct should be criminalized in order to ensure (as far as we reasonably can) that those who engage in it receive retributive punishment. In the course of the argument, I show (...)
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  23.  33
    Two Models of Criminal Fault.R. A. Duff - 2019 - Criminal Law and Philosophy 13 (4):643-665.
    I discuss two problems for the standard Anglo-American account of recklessness, and the distinctions between intention, recklessness, and negligence. One problem concerns the over-breadth of recklessness as thus defined—that it covers agents whose actions display different kinds of culpability. The other problem concerns the importance attached to awareness of risk in distinguishing recklessness from negligence—that one who is unaware of the risk that he takes or creates sometimes displays just the same kind of fault as an advertent risk-taker. We can (...)
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  24.  40
    Relational Reasons and the Criminal Law.R. A. Duff - 2013 - In B. Leiter & L. Green (eds.), Oxford Studies in Legal Philosophy, vol. 2. Oxford UP. pp. 175-208.
    First paragraph: Some reasons for action are relational. I have a relational reason to Φ when I have reason to Φ in virtue of a relationship in which I stand, or a role that I fill; absent that relationship or that role I would not have that reason to Φ ; others who do not stand in that relationship or fill that role do not have that reason to Φ . I have a relational reason to feed this child -- (...)
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  25.  11
    ‘De Minimis’ and the Structure of the Criminal Trial.R. A. Duff - 2022 - Law and Philosophy 42 (1):57-86.
    The Model Penal Code’s ‘De Minimis’ provisions (§ 2.12) cover different kinds of case in which, for reasons of equity, a prosecution should be dismissed. An exploration of these different cases illuminates some general issues about the structure of the criminal process, and about the processes of criminalization. These include the significance of the difference between dismissing a case and acquitting the defendant, and of the distinction between offences and defences; whether criminal offences should always be so defined that they (...)
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  26.  39
    Law, Language and Community: Some Preconditions of Criminal Liability.R. Duff - 1998 - Oxford Journal of Legal Studies 18 (2):189-206.
    We can usefully distinguish the conditions of criminal liability (those conditions which must be satisfied if a defendant is to be duly convicted, with which a criminal trial is concerned) from its preconditions (those conditions which must be satisfied if the trial, as a process which aims to determine whether or not this person is criminally liable, is to be legitimate at all). Some of these preconditions concern the defendant's status as a rsponsible citizen, who can properly be called to (...)
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  27.  23
    Defining Crimes: Essays on the Special Part of the Criminal Law.R. A. Duff & Stuart Green (eds.) - 2005 - Oxford University Press UK.
    This collection of original essays, by some of the best known contemporary criminal law theorists, tackles a range of issues about the criminal law's 'special part' - the part of the criminal law that defines specific offences. One of its aims is to show the importance, for theory as well as for practice, of focusing on the special part as well as on the general part which usually receives much more theoretical attention. Some of the issues covered concern the proper (...)
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  28.  62
    Criminal Responsibility and the Emotions: If Fear and Anger Can Exculpate, Why Not Compassion?R. A. Duff - 2015 - Inquiry: An Interdisciplinary Journal of Philosophy 58 (2):189-220.
    The article offers an Aristotelian analysis of emotion-based defences in criminal law: someone who commits an offence is entitled to an excuse if she was motivated by a justifiably aroused and strongly felt emotion that gave her good reason to commit the offence and that might have destabilised the practical rationality even of a ‘reasonable’ person. This analysis captures the logical structure of duress and provocation as excuses—and also shows why provocation is controversial as even a partial defence. This pattern (...)
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  29.  16
    What’s so Special about the Criminal Trial?R. A. Duff - 2023 - Quaestio Facti. Revista Internacional Sobre Razonamiento Probatorio 5.
    This paper offers some further support to Sarah Summers’ argument, in «The Epistemic Ambitions of the Criminal Trial: Truth, Proof, and Rights», that we cannot separate process from outcome in the criminal trial—that the justification and legitimacy of the verdict (especially of a conviction) depends crucially on the procedure through which it was reached. Intuitive support for this view is found by considering the case of a guilty person who is convicted after a trial that denied him the opportunity or (...)
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  30.  21
    A Reply to Bickenbach.R. Antony Duff - 1988 - Canadian Journal of Philosophy 18 (4):787 - 793.
    Jerome Bickenbach has provided a fair and sympathetic account of my argument in Trials and Punishments, and has clarified some of the book’s obscurities - for which I am very grateful: I will focus my response on his main objection to my account of punishment, since I am not persuaded that the objection holds.Bickenbach argues that my ideal account of what punishment ought to be if it is to be adequately justified would actually show, if it succeeds, that criminal punishment (...)
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  31. Guiding Commitments and Criminal Liability for Attempts.R. A. Duff - 2012 - Criminal Law and Philosophy 6 (3):411-427.
    A critical discussion of Gideon Yaffe's "guiding commitment" account of attempts, with special reference to attempts in the criminal law.
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  32.  89
    Absolute Principles and Double Effect.R. A. Duff - 1976 - Analysis 36 (2):68 - 80.
    I argue that hanink's account of the principle of double effect ("some light on double effect," "analysis", volume 35, number 5) is inadequate, and rests on the mistaken assumption that the criteria for distinguishing acts from each other, intention from foresight, acting from refraining, can be specified independently of any moral perspective. i try to indicate the way to a better understanding of these distinctions, and the essential features of the kind of absolutist morality which invokes them--its concern with "agency", (...)
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  33.  15
    Criminal Responsibility and its History.R. A. Duff & Susanna Blumenthal - 2015 - Criminal Law and Philosophy 9 (3):395-396.
    The original versions of the five papers in this Symposium were delivered and discussed at a workshop at the University of Minnesota Law School on Criminal Responsibility and its History. One of the aims of the workshop was to bring together scholars working on the history of the criminal law and scholars whose main focus is on issues in normative criminal law theory, to explore the ways in which they can learn from each other, and to promote a kind of (...)
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  34.  19
    Crimes, Regulatory Offences and Criminal Trials.R. A. Duff - 2007 - In Müller-Dietz H. (ed.), Festschrift für Heike Jung. Nomos Verlagsgesellschaft. pp. 87-98.
    First paragraph: The awesome range of Heike Jung’s work—over different aspects of criminal law, different jurisdictions and traditions, different disciplines and languages—makes life both easier and harder for contributors to his Festschrift: easier, because one can choose almost any criminal law topic and be confident that it will connect to his work; harder (for those with the British vices of monolingualism and intellectual parochialism), since one’s paper will display the linguistic, jurisdictional or intellectual limitations that Heike Jung’s work so impressively (...)
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  35.  67
    Hick, Necessary Being, and the Cosmological Argument.D. R. Duff-Forbes - 1972 - Canadian Journal of Philosophy 1 (4):473 - 483.
    The concepts of necessary being, or necessary existence, and contingent being, or contingent existence, continue to occupy a central position in philosophical appraisals of Christian theism. Some philosophers have been concerned of late to emphasize a crucial ambiguity in the terms ‘necessary’ and ‘contingent', an ambiguity which threatens seriously to bedevil assessment of the claim that God's existence is necessary and not contingent. An important consequence of getting clear on this point, it is suggested, is that certain brisk attempts to (...)
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  36.  27
    Whose Luck is it Anyway?R. A. Duff - 2008 - In Cunningham (ed.), Criminal Liability for Non-Aggressive Death. Ashgate. pp. 61-78.
    First paragraph: Dangerous driving attracts a maximum penalty of a heavy fine, or in the most serious cases up to six months’ imprisonment; but if it causes death, the maximum penalty is fourteen years’ imprisonment. Careless driving attracts a maximum penalty of a level 4 fine; driving whilst under the influence of drink or drugs attracts a maximum penalty of a level 5 fine and/or up to six months’ imprisonment: but if someone causes death by careless driving when under the (...)
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  37.  5
    Action and Criminal Responsibility.R. A. Duff - 2010 - In Timothy O'Connor & Constantine Sandis (eds.), A Companion to the Philosophy of Action. Oxford, UK: Wiley‐Blackwell. pp. 331–337.
    This chapter contains sections titled: Actions and the Criminal Law Objects or Conditions of Criminal Responsibility? Actions and (Voluntary) Acts Abandoning the Act Requirement? An Action Presumption? References.
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  38.  60
    Book Review Section 4. [REVIEW]Timothy Boggs, Charles B. Keely, John P. Sikula, Elliott S. M. Gatner, Dwight W. Allen, Frederick H. Stutz, Dan Landis, David A. Potter, Joseph M. Scandura, Larry S. Bowen, Jay M. Smith, Gerald Kulm, Barak Rosenshine, Lawrence M. Knolle, Jacquelin A. Stitt, Joan K. Smith, Nicholas F. Rayder, B. R. Bugelski, Karen F. Swoope, Joan Duff Kise, Robert S. Means, Gladys H. Means, Stanley H. Rude & James E. Ysseldyke - 1974 - Educational Studies: A Jrnl of the American Educ. Studies Assoc 5 (1):78-97.
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  39.  32
    Book Review Section 4. [REVIEW]Timothy Boggs, Charles B. Keely, John P. Sikula, Elliott S. M. Gatner, Dwight W. Allen, Frederick H. Stutz, Dan Landis, David A. Potter, Joseph M. Scandura, Larry S. Bowen, Jay M. Smith, Gerald Kulm, Barak Rosenshine, Lawrence M. Knolle, Jacquelin A. Stitt, Joan K. Smith, Nicholas F. Rayder, B. R. Bugelski, Karen F. Swoope, Joan Duff Kise, Robert S. Means, Gladys H. Means, Stanley H. Rude & James E. Ysseldyke - 1974 - Educational Studies: A Jrnl of the American Educ. Studies Assoc 5 (1&2):78-97.
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  40. New books. [REVIEW]G. A. Johnston, H. R. Mackintosh, Robert A. Duff, M. D., R. M. MacIver, A. E. Taylor, Philip E. B. Jourdain, R. F. Alfred Hoernlé, B. A., Henry J. Watt, B. Bosanquet, F. C. S. Schiller & John Edgar - 1914 - Mind 23 (89):126-150.
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  41. HUTCHINSON, D. S. The Virtues of Aristotle. [REVIEW]R. A. Duff - 1987 - Philosophy 62:539.
     
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  42.  48
    Symposium: Gideon Yaffe’s Attempts. [REVIEW]R. A. Duff - 2012 - Criminal Law and Philosophy 6 (3):381-381.
  43. WOLF, A. -Spinoza's Short Treatise on God, Man and His Well-being, Translated and Edited. [REVIEW]R. A. Duff - 1914 - Mind 23:131.
     
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  44.  25
    Commentary on "Psychopathy, Other-Regarding Moral Beliefs, and Responsibility".Antony Duff - 1996 - Philosophy, Psychiatry, and Psychology 3 (4):283-286.
    In lieu of an abstract, here is a brief excerpt of the content:Commentary on “Psychopathy, Other-Regarding Moral Beliefs, and Responsibility”R. A. Duff (bio)AbstractI make four criticisms of Fields’s account of one type of psychopathy as a responsibility-negating personality disorder which involves an incapacity to form other-regarding moral beliefs. First, his account of what it is to hold moral beliefs (in terms of accepting universal practical principles) actually specifies neither a necessary, nor a sufficient, condition for holding a moral belief. (...)
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  45.  11
    The Healing Virtues: Character Ethics in Psychotherapy.Duff Waring - 2016 - Oxford University Press UK.
    The Healing Virtues explores the intersection of psychotherapy and virtue ethics - with an emphasis on the patient's role within a healing process. It considers how the common ground between the therapeutic process and the cultivation of virtues can inform the efforts of both therapist and patient. Within this book, the Duff R. Waring argues that there is a case for patient virtues that are crucially relevant to working through the problems in living that arise in psychotherapy, e.g., honesty, (...)
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  46.  18
    Confessions.R. S. Augustine & Pine-Coffin - 2019 - Hackett Publishing Company.
    "Williams's masterful translation satisfies (at last!) a long-standing need. There are lots of good translations of Augustine's great work, but until now we have been forced to choose between those that strive to replicate in English something of the majesty and beauty of Augustine's Latin style and those that opt instead to convey the careful precision of his philosophical terminology and argumentation. Finally, Williams has succeeded in capturing both sides of Augustine's mind in a richly evocative, impeccably reliable, elegantly readable (...)
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  47.  52
    Book Review: The Structures of the Criminal Law, written by R.A. Duff, Lindsay Farmer, S.E. Marshall, Massimo Renzo, and Victor Tadros. [REVIEW]Christopher R. Green - 2015 - Journal of Moral Philosophy 12 (1):108-111.
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  48.  25
    Siliana.D. R. Shackleton Bailey - 1959 - Classical Quarterly 9 (3-4):173-.
    ‘He was of Rutulian blood, born of a Saguntine mother; but he had Greek blood too, and by his two parents he combined the seed of Italy with that of Dulichium’. So Duff, and Ruperti's ‘Murrus matre Graia et patre Romano progenitus’ is not the whole story. To Silius Saguntine = Greek because, as Duff says, ‘men of Zacynthos had taken part in founding Saguntum’. prole = ‘with his children’—van Veen's Itala may well be right.
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  49.  10
    Siliana.D. R. Shackleton Bailey - 1959 - Classical Quarterly 9 (3-4):173-180.
    ‘He was of Rutulian blood, born of a Saguntine mother; but he had Greek blood too, and by his two parents he combined the seed of Italy with that of Dulichium’. So Duff, and Ruperti's ‘Murrus matre Graia et patre Romano progenitus’ is not the whole story. To Silius Saguntine = Greek because, as Duff says, ‘men of Zacynthos had taken part in founding Saguntum’. prole = ‘with his children’—van Veen's Itala may well be right.
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  50.  53
    Gradations of awareness in a modified sequence learning task.Elisabeth Norman, Mark C. Price, Simon C. Duff & Rune A. Mentzoni - 2007 - Consciousness and Cognition 16 (4):809-837.
    We argue performance in the serial reaction time task is associated with gradations of awareness that provide examples of fringe consciousness [Mangan, B. . Taking phenomenology seriously: the “fringe” and its implications for cognitive research. Consciousness and Cognition, 2, 89–108, Mangan, B. . The conscious “fringe”: Bringing William James up to date. In B. J. Baars, W. P. Banks & J. B. Newman , Essential sources in the scientific study of consciousness . Cambridge, MA: The MIT Press.], and address limitations (...)
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