Results for 'Patrick Tomlin'

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  1.  90
    On Limited Aggregation.Patrick Tomlin - 2017 - Philosophy and Public Affairs 45 (3):232-260.
  2. Moral Uncertainty and the Criminal Law.Christian Barry & Patrick Tomlin - 2019 - In Kimberly Ferzan & Larry Alexander (eds.), Handbook of Applied Ethics and the Criminal Law. Palgrave.
    In this paper we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We examine how we might (...)
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  3. Saplings or Caterpillars? Trying to Understand Children's Wellbeing.Patrick Tomlin - 2018 - Journal of Applied Philosophy 35 (S1):29-46.
    Is childhood valuable? And is childhood as, less, or more, valuable than adulthood? In this article I first delineate several different questions that we might be asking when we think about the ‘value of childhood’, and I explore some difficulties of doing so. I then focus on the question of whether childhood is good for the person who experiences it. I argue for two key claims. First, if childhood wellbeing is measured by the same standards as adulthood, then children are (...)
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  4.  89
    Extending the Golden Thread? Criminalisation and the Presumption of Innocence.Patrick Tomlin - 2012 - Journal of Political Philosophy 21 (1):44-66.
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  5.  67
    What is the point of egalitarian social relationships?Patrick Tomlin - 2014 - In Alexander Kaufman (ed.), Distributive Justice and Access to Advantage. Cambridge, U.K: Cambridge University Press. pp. 151-179.
    The subject matter of this essay is a certain understanding of the value of equality which I will call ‘relational egalitarianism’ – a view which locates the value of equality not in distributions but in social and political relationships. This is a suitable topic for a contribution to a volume based on themes from the work of G.A. Cohen for two, somewhat contradictory, reasons.
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  6. On Fairness and Claims.Patrick Tomlin - 2012 - Utilitas 24 (2):200-213.
    Perhaps the best-known theory of fairness is John Broome’s: that fairness is the proportional satisfaction of claims. In this article, I question whether claims are the appropriate focus for a theory of fairness, at least as Broome understands them in his current theory. If fairness is the proportionate satisfaction of claims, I argue, then the following would be true: fairness could not help determine the correct distribution of claims; fairness could not be used to evaluate the distribution of claims; fairness (...)
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  7.  77
    Subjective Proportionality.Patrick Tomlin - 2018 - Ethics 129 (2):254-283.
    Philosophers writing about proportionality in self-defense and war will often assume that defensive agents have full knowledge about the threat that they face and the defensive options available to them. But no actual defensive agents possess this kind of knowledge. How, then, should we make proportionality decisions under uncertainty? The natural answer is that we should move from comparing the harm we will do with the good we will achieve to comparing expected harm with expected good. I argue that this (...)
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  8.  82
    Retributivists! The Harm Principle Is Not for You!Patrick Tomlin - 2014 - Ethics 124 (2):272-298.
    Retributivism is often explicitly or implicitly assumed to be compatible with the harm principle, since the harm principle (in some guises) concerns the content of the criminal law, while retributivism concerns the punishment of those that break the law. In this essay I show that retributivism should not be endorsed alongside any version of the harm principle. In fact, retributivists should reject all attempts to see the criminal law only through (other) person-affecting concepts or “grievance” morality, since they should endorse (...)
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  9.  47
    Should Kids Pay Their Own Way?Patrick Tomlin - 2015 - Political Studies.
    Children are expensive to raise. Ensuring that they are raised in such a way that they are able to lead a minimally decent life costs time and money, and lots of both. Who is responsible for bearing the costs of the things that children are undoubtedly owed? This is a question that has received comparatively little scrutiny from political philosophers,despite children being such a drain on public and private finances alike. To the extent that there is a debate, two main (...)
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  10.  35
    Distributive Justice for Aggressors.Patrick Tomlin - 2020 - Law and Philosophy 39 (4):351-379.
    The individualist nature of much contemporary just war theory means that we often discuss cases with single attackers. But even if war is best understood in this individualist way, in war combatants often have to make decisions about how to distribute harms among a plurality of aggressors: they must decide whom and how many to harm, and how much to harm them. In this paper, I look at simultaneous multiple aggressor cases in which more than one distribution of harm among (...)
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  11. Choices Chance and Change: Luck Egalitarianism Over Time.Patrick Tomlin - 2013 - Ethical Theory and Moral Practice 16 (2):393-407.
    The family of theories dubbed ‘luck egalitarianism’ represent an attempt to infuse egalitarian thinking with a concern for personal responsibility, arguing that inequalities are just when they result from, or the extent to which they result from, choice, but are unjust when they result from, or the extent to which they result from, luck. In this essay I argue that luck egalitarians should sometimes seek to limit inequalities, even when they have a fully choice-based pedigree (i.e., result only from the (...)
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  12. Can I be a Luck Egaliatarian and a Rawlsian?Patrick Tomlin - 2012 - Ethical Perspectives 19 (3):371-397.
    Rawls’s difference principle and the position dubbed ‘luck egalitarianism’ are often viewed as competing theories of distributive justice. However, recent work has emphasised that Rawlsians and luck egalitarians are working with different understandings of the concept of justice, and thus not only propose different theories, but different theories of different things. Once they are no longer seen in direct competition, there are some questions to be asked about whether these two theories can be consistently endorsed alongside one another. In this (...)
     
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  13. Survey article: Internal doubts about Cohen's rescue of justice.Patrick Tomlin - 2010 - Journal of Political Philosophy 18 (2):228-247.
  14. Moral uncertainty and permissibility: Evaluating Option Sets.Christian Barry & Patrick Tomlin - 2016 - Canadian Journal of Philosophy 46 (6):1-26.
    In this essay, we explore an issue of moral uncertainty: what we are permitted to do when we are unsure about which moral principles are correct. We develop a novel approach to this issue that incorporates important insights from previous work on moral uncertainty, while avoiding some of the difficulties that beset existing alternative approaches. Our approach is based on evaluating and choosing between option sets rather than particular conduct options. We show how our approach is particularly well-suited to address (...)
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  15.  39
    Proportionality in War: Revising Revisionism.Patrick Tomlin - 2020 - Ethics 131 (1):34-61.
    In this article I argue that revisionists in just war theory must further revise their proportionality principles. I show that on the revisionist view it is possible for a war to be proportionate,...
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  16.  8
    Survey Article: Internal Doubts about Cohen's Rescue of Justice.Patrick Tomlin - 2010 - Journal of Political Philosophy 18 (2):228-247.
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  17. Should We Be Utopophobes About Democracy in Particular?Patrick Tomlin - 2012 - Political Studies Review 10 (1):36-47.
    In his book Democratic Authority, David Estlund puts forward a case for democracy, which he labels epistemic proceduralism, that relies on democracy's ability to produce good – that is, substantively just – results. Alongside this case for democracy Estlund attacks what he labels ‘utopophobia’, an aversion to idealistic political theory. In this article I make two points. The first is a general point about what the correct level of ‘idealisation’ is in political theory. Various debates are emerging on this question (...)
     
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  18. Envy, facts and justice: A critique of the treatment of envy in justice as fairness.Patrick Tomlin - 2008 - Res Publica 14 (2):101-116.
    A common anti-egalitarian argument is that equality is motivated by envy, or the desire to placate envy. In order to avoid this charge, John Rawls explicitly banishes envy from his original position. This article argues that this is an inconsistent and untenable position for Rawls, as he treats envy as if it were a fact of human psychology and believes that principles of justice should be based on such facts. Therefore envy should be known about in the original position. The (...)
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  19.  25
    Should Retributivists Prefer Prepunishment?Patrick Tomlin - 2015 - Social Theory and Practice 41 (2):275-285.
    Some philosophers believe that we can, in theory, justifiably prepunish people—that is, punish them for a crime before they have committed that crime. In particular, it has been claimed that retributivists ought to accept prepunishment. The question of whether prepunishment can be justified has sparked an interesting and growing philosophical debate. In this paper I look at a slightly different question: whether retributivists who accept that prepunishment can be justified should prefer postpunishment or prepunishment, or see them as on a (...)
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  20.  84
    Could the Presumption of Innocence Protect the Guilty?Patrick Tomlin - 2014 - Criminal Law and Philosophy 8 (2):431-447.
    At criminal trial, we demand that those accused of criminal wrongdoing be presumed innocent until proven guilty beyond any reasonable doubt. What are the moral and/or political grounds of this demand? One popular and natural answer to this question focuses on the moral badness or wrongness of convicting and punishing innocent persons, which I call the direct moral grounding. In this essay, I suggest that this direct moral grounding, if accepted, may well have important ramifications for other areas of the (...)
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  21.  11
    Moral Uncertainty and the Criminal Law.Christian Barry & Patrick Tomlin - 2019 - In Larry Alexander & Kimberly Kessler Ferzan (eds.), The Palgrave Handbook of Applied Ethics and the Criminal Law. Springer Verlag. pp. 445-467.
    In this chapter we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We examine how we might (...)
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  22.  31
    Innocence Lost: A Problem for Punishment as Duty.Patrick Tomlin - 2017 - Law and Philosophy 36 (3):225-254.
    Constrained instrumentalist theories of punishment – those that seek to justify punishment by its good effects, but limit its scope – are an attractive alternative to pure retributivism or utilitarianism. One way in which we may be able to limit the scope of instrumental punishment is by justifying punishment through the concept of duty. This strategy is most clearly pursued in Victor Tadros’ influential ‘Duty View’ of punishment. In this paper, I show that the Duty View as it stands cannot (...)
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  23.  23
    What Does the Best Available Parent View Require?Patrick Tomlin - 2023 - Ethics 133 (4):573-586.
    Who gets to parent whom? Anca Gheaus claims that each child should be parented by the “best available parent” and that parental interests should play no role in assigning parental authority. I investigate this view. I find that it does not clearly rule out parental interests and is underspecified. Various further specifications do not seem to be about giving children the best available parent, but rather concern familiar distributive principles that attempt to balance competing interests. At the level of policy, (...)
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  24.  34
    The Geometry of Desert.Patrick Tomlin - 2015 - Philosophical Review 124 (3):419-422.
  25.  46
    Prevention and the Limits of the Criminal Law.Andrew Ashworth, Lucia Zedner & Patrick Tomlin (eds.) - 2013 - Oxford University Press.
    Are preventive justice measures justified? Do they needlessly blur the boundaries between criminal and civil law, signalling a change in the architecture of security? The contributors in this volume re-assess the foundations for the range of coercive measures that states now take in the name of prevention and public protection.
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  26.  46
    Consenting Under Coercion: The Partial Validity Account.Sameer Bajaj & Patrick Tomlin - forthcoming - Philosophical Quarterly.
    How is the validity of our consent, and others’ moral permission to act on our consent affected by coercion? Everyone agrees that in cases of two-party coercion—when X coerces Y to do something with or for X—the consent of the coerced is invalid, and the coercer is not permitted to act upon the consent they receive. But coercers and the recipients of consent are not always identical. Sometimes a victim, Y, agrees to do something to, with, or for Z because (...)
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  27.  24
    The impure non-identity problem.Patrick Tomlin - 2022 - In Jeff McMahan, Tim Campbell, James Goodrich & Ketan Ramakrishnan (eds.), Ethics and Existence.
    Some of Derek Parfit’s most significant work concerns the non-identity problem. Briefly put, this is the problem of how, morally speaking, we should understand cases in which we can act in one way, and produce persons with sub-optimal lives, or act in another way, and produce different persons with better lives. Discussions of the non-identity problem tend to assume that it is a single problem, raising a single set of moral issues. This chapter seeks to complicate this picture. It introduces (...)
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  28.  17
    Accidentally Killing on Purpose: Transferred Malice and Missing Victims.Patrick Tomlin - 2022 - Law and Philosophy 41 (2):329-350.
    Transferred malice, or transferred intent, is the criminal doctrine that states that if D tries to kill A, and accidentally kills B, the intent to kill transfers from A to B, and so D is guilty of murdering B. This is widely viewed as a useful legal fiction. One of the finest essays on this topic was written by our honorand, Douglas N. Husak. Husak views both the potential usefulness of, and his preferred alternative to, transferred malice through the lens (...)
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  29.  59
    And Nozick begat Reagan?Patrick Tomlin - 2006 - The Philosophers' Magazine 33 (33):38-41.
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  30.  9
    And Nozick begat Reagan?Patrick Tomlin - 2006 - The Philosophers' Magazine 33:38-41.
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  31.  29
    Born Free and Equal? A philosophical inquiry into the nature of discrimination, written by Kasper Lippert-Rasmussen.Patrick Tomlin - 2017 - Journal of Moral Philosophy 14 (4):479-482.
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  32.  5
    Distributive justice for aggressors.Patrick Tomlin - 2020 - .
    The individualist nature of much contemporary just war theory means that we often discuss cases with single attackers. But even if war is best understood in this individualist way, in war combatants often have to make decisions about how to distribute harms among a plurality of aggressors: they must decide whom and how many to harm, and how much to harm them. In this paper, I look at simultaneous multiple aggressor cases in which more than one distribution of harm among (...)
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  33.  13
    Duffing Up the Criminal Law?Patrick Tomlin - 2020 - Criminal Law and Philosophy 14 (3):319-333.
    R.A. Duff’s The Realm of the Criminal Law advances the literature on criminalization by providing the most thorough exploration and defence yet provided of the intuitively attractive idea that criminalization is properly limited to public wrongs only. I outline here six concerns I have with the view, as presented in this book, and suggest where the account needs further elaboration, defence, or rethinking.
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  34.  53
    Time and Retribution.Patrick Tomlin - 2014 - Law and Philosophy 33 (5):655-682.
    Retributivists believe that punishment can be deserved, and that deserved punishment is intrinsically good or important. They also believe that certain crimes deserve certain quantities of punishment. On the plausible assumption that the overall amount of any given punishment is a function of its severity and duration, we might think that retributivists would be indifferent as to whether a punishment were long and light or short and sharp, provided the offender gets the overall amount of punishment he deserves. In this (...)
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  35.  63
    Relevance rides again? Aggregation and local relevance.Aart van Gils & Patrick Tomlin - 2020 - In David Sobel, Peter Vallentyne & Steven Wall (eds.), Oxford Studies in Political Philosophy Volume 6. Oxford University Press.
    Often institutions or individuals are faced with decisions where not all claims can be satisfied. Sometimes, these claims will be of differing strength. In such cases, it must be decided whether or not weaker claims can be aggregated in order to collectively defeat stronger claims. Many are attracted to a view, which this chapter calls Limited Aggregation, where this is sometimes acceptable and sometimes not. A new version of this view, Local Relevance, has recently emerged. This chapter seeks to explore (...)
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  36.  23
    Andrew Ashworth, Lucia Zedner and Patrick Tomlin : Prevention and the Limits of the Criminal Law: Oxford University Press, Oxford, 2013, 308 pp, ISBN: 978-0-19-965676-9 £60.Findlay Stark - 2016 - Criminal Law and Philosophy 10 (2):389-394.
  37.  6
    The Philosophy of Benedetto Croce: An Introduction.E. W. F. Tomlin - 1963 - Philosophical Quarterly 13 (52):269-270.
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  38. Historicism and materiality in legal theory.Christopher Tomlins - 2016 - In Maksymilian Del Mar & Michael Lobban (eds.), Law in theory and history: new essays on a neglected dialogue. Portland, Oregon: Hart Publishing.
     
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  39. Les grands philosophes de l'Occident.E. W. F. Tomlin - 1951 - Paris,: Payot.
     
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  40. Simone Weil.E. W. F. Tomlin - 1954 - New Haven,: Yale University Press.
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  41. Body-Self Dualism in Contemporary Ethics and Politics.Patrick Lee & Robert P. George - 2007 - New York ;: Cambridge University Press. Edited by Robert P. George.
    Profoundly important ethical and political controversies turn on the question of whether biological life is an essential aspect of a human person, or only an extrinsic instrument. Lee and George argue that human beings are physical, animal organisms - albeit essentially rational and free - and examine the implications of this understanding of human beings for some of the most controversial issues in contemporary ethics and politics. The authors argue that human beings are animal organisms and that their personal identity (...)
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  42. On the origin of conspiracy theories.Patrick Brooks - 2023 - Philosophical Studies 180 (12):3279-3299.
    Conspiracy theories are rather a popular topic these days, and a lot has been written on things like the meaning of _conspiracy theory_, whether it’s ever rational to believe conspiracy theories, and on the psychology and demographics of people who believe conspiracy theories. But very little has been said about why people might be led to posit conspiracy theories in the first place. This paper aims to fill this lacuna. In particular, I shall argue that, in open democratic societies, citizens (...)
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  43. Indeterminate truth.Patrick Greenough - 2008 - Midwest Studies in Philosophy 32 (1):213-241.
    In §2-4, I survey three extant ways of making sense of indeterminate truth and find each of them wanting. All the later sections of the paper are concerned with showing that the most promising way of making sense of indeterminate truth is via either a theory of truthmaker gaps or via a theory of truthmaking gaps. The first intimations of a truthmaker–truthmaking gap theory of indeterminacy are to be found in Quine (1981). In §5, we see how Quine proposes to (...)
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  44. Deletion as second death: the moral status of digital remains.Patrick Stokes - 2015 - Ethics and Information Technology 17 (4):237-248.
    There has been increasing attention in sociology and internet studies to the topic of ‘digital remains’: the artefacts users of social network services (SNS) and other online services leave behind when they die. But these artefacts also pose philosophical questions regarding what impact, if any, these artefacts have on the ontological and ethical status of the dead. One increasingly pertinent question concerns whether these artefacts should be preserved, and whether deletion counts as a harm to the deceased user and therefore (...)
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  45. On Hylemorphism and Personal Identity.Patrick Toner - 2009 - European Journal of Philosophy 19 (3):454-473.
    Abstract: There is no such thing as ‘the’ hylemorphic account of personal identity. There are several views that count as hylemorphic, and these views can be grouped into two main families—the corruptionist view, and the survivalist view. The differentiating factor is that the corruptionist view holds that the persistence of the soul is not sufficient for the persistence of the person, while the survivalist view holds that the persistence of the soul is sufficient for the persistence of the person. In (...)
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  46. A concise introduction to logic.Patrick J. Hurley - 2000 - Belmont, CA: Wadsworth. Edited by Lori Watson.
    Tens of thousands of students have learned to be more discerning at constructing and evaluating arguments with the help of Patrick J. Hurley. Hurley’s lucid, friendly, yet thorough presentation has made A CONCISE INTRODUCTION TO LOGIC the most widely used logic text in North America. In addition, the book’s accompanying technological resources, such as CengageNOW and Learning Logic, include interactive exercises as well as video and audio clips to reinforce what you read in the book and hear in class. (...)
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  47.  79
    Personhood and Death in St. Thomas Aquinas.Patrick Toner - 2009 - History of Philosophy Quarterly 26 (2):121 - 138.
  48. St. Thomas Aquinas on death and the separated soul.Patrick Toner - 2010 - Pacific Philosophical Quarterly 91 (4):587-599.
    Since St. Thomas Aquinas holds that death is a substantial change, a popular current interpretation of his anthropology must be mistaken. According to that interpretation – the ‘survivalist’ view – St. Thomas holds that we human beings survive our deaths, constituted solely by our souls in the interim between death and resurrection. This paper argues that St. Thomas must have held the ‘corruptionist’ view: the view that human beings cease to exist at their deaths. Certain objections to the corruptionist view (...)
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  49.  68
    Will and political legitimacy : a critical exposition of social contract theory in Hobbes, Locke, Rousseau, Kant, and Hegel.Patrick Riley (ed.) - 2000 - Replica Books.
    Presents an historical analysis of social contract theory by considering the works of prominent philosophers.
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  50. Entanglement, Upper Probabilities and Decoherence in Quantum Mechanics.Patrick Suppes & Stephan Hartmann - 2009 - In Mauro Dorato et al (ed.), EPSA 2007: Launch of the European Philosophy of Science Association. Springer. pp. 93--103.
    Quantum mechanical entangled configurations of particles that do not satisfy Bell’s inequalities, or equivalently, do not have a joint probability distribution, are familiar in the foundational literature of quantum mechanics. Nonexistence of a joint probability measure for the correlations predicted by quantum mechanics is itself equivalent to the nonexistence of local hidden variables that account for the correlations (for a proof of this equivalence, see Suppes and Zanotti, 1981). From a philosophical standpoint it is natural to ask what sort of (...)
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