Results for 'Evan Fox-Decent'

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  1.  37
    The fiduciary constitution of human rights: Evan fox-decent and Evan J. criddle.Evan Fox-Decent - 2009 - Legal Theory 15 (4):301-336.
    We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state's fiduciary duty to provide equal security under the rule of law, a duty that flows from the state's (...)
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  2.  56
    A fiduciary theory of jus cogens.Evan J. Criddle & Evan Fox-Decent - unknown
    For several decades, international law has recognized certain norms such as the prohibitions against genocide, slavery, and military aggression as "jus cogens"- peremptory law which supersedes conflicting international treaties and customs. Despite widespread acceptance of the jus cogens concept, legal theorists continue to debate whether peremptory norms derive their legal authority from state consent, natural law, or the demands of international public order. Anxiety over peremptory norms' legal basis has frustrated efforts to clarify the scope and content of jus cogens, (...)
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  3.  22
    Sovereignty's Promise: The State as Fiduciary.Evan Fox-Decent - 2011 - Oxford University Press.
    Arguing that the state and its people stand in a fiduciary relationship, Sovereignty's Promise puts forward a bold new account of political authority and its legal limits. In doing so it presents a fresh argument for common law constitutionalism and a novel theoretical framework for understanding the requirements of the rule of law.
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  4.  75
    The fiduciary nature of state legal authority.Evan Fox-Decent - manuscript
    The fundamental interaction that triggers a fiduciary obligation is the exercise by one party of discretionary power of an administrative nature over another party's interests, where the latter party is unable, as a matter of fact or law, to exercise the fiduciary's power. The goal of this paper is to demonstrate that there is something "deeply fiduciary" about the interaction between a state and its subjects. The fiduciary nature of this relationship provides the justification for the state's legal authority and (...)
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  5.  91
    Is the rule of law really indifferent to human rights?Evan Fox-Decent - 2008 - Law and Philosophy 27 (6):533 - 581.
    A broad range of scholars contend that the rule of law is indifferent to human rights. I call this view the "no-rights thesis," and attempt to unsettle it. My argument draws on the work of Lon L. Fuller and begins with the idea that the fundamental justification of the rule of law rests on a juridical conception of human agency, one that finds expression in the legal and moral claims that can arise from human agency within the context of legal (...)
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  6.  20
    Sovereignty as Trusteeship and Indigenous Peoples.Ian Dahlman & Evan Fox-Decent - 2015 - Theoretical Inquiries in Law 16 (2):507-534.
    We explore two special challenges indigenous peoples pose to the idea of sovereigns as trustees for humanity. The first challenge is rooted in a colonial history during which a trusteeship model of sovereignty served as an enabler of paternalistic colonial policies. The challenge is to show that the trusteeship model is not irreparably colonial in nature. The second challenge, which emerges from the first, is to specify the scope and nature of indigenous peoples’ sovereignty within the trusteeship model. Whereas the (...)
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  7.  31
    Deriving peremptory norms from sovereignty.Evan J. Criddle & Evan Fox-Decent - unknown
    In international law, the term "jus cogens" refers to norms that are considered peremptory in the sense that they are mandatory and do not admit derogation. Although the jus cogens concept has achieved widespread acceptance, international legal theory has yet to furnish a satisfying account of jus cogens's legal basis. We argue that peremptory norms are inextricably linked to the sovereign powers assumed by all states. The key to understanding international jus cogens lies in Immanuel Kant 's discussion of the (...)
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  8. Constitutional legitimacy unbound.Evan Fox-Decent - 2016 - In David Dyzenhaus & Malcolm Thorburn (eds.), Philosophical Foundations of Constitutional Law. Oxford University Press UK.
     
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  9.  33
    Fashioning legal authority from power: The crown-native fiduciary relationship.Evan Fox-Decent - manuscript
    The prevailing view in Canada of the Crown-Native fiduciary relationship is that it arose as a consequence of the Crown taking on the role of intermediary between First Nations and British settlers eager to acquire Aboriginal lands. First Nations are sometimes deemed to have surrendered their sovereignty in exchange for Crown protection. The author suggests that the sovereignty-for-protection argument does not supply a compelling account of how Aboriginal peoples lost their sovereignty to the Crown. Furthermore, Aboriginal treaties compel the courts (...)
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  10. Hobbes' relational theory : beneath power and consent.Evan Fox-Decent - 2012 - In David Dyzenhaus & Thomas Poole (eds.), Hobbes and the law. New York: Cambridge University Press.
  11.  37
    Parliamentary privilege and the rule of law.Evan Fox-Decent - manuscript
    Parliamentary privilege immunises certain activities of legislative bodies and their members from the ordinary law and judicial scrutiny. The rule of law, on the other hand, insists that everyone - including public officials - is subject to the law. Moreover, the rule of law is usually understood to involve judicial review of executive rather than legislative action. Thus, parliamentary privilege seems to establish a public sphere that is beyond the rule of law. Notwithstanding the tension that appears between these two (...)
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  12.  22
    The charter and administrative law: Cross-fertilization in public law.Evan Fox-Decent - manuscript
    The relationship between Canadian administrative law and the Canadian Charter of Rights and Freedoms is complex and still unfolding. If a decision touches a Charter right, frontline decision-makers and reviewing courts alike determine the requirements of legality using the Charter, administrative law principles, or some combination of the two. There is an emerging consensus that the Charter does not replace the common law, but rather embodies and supplements fundamental legal principles contained within it.This chapter sets out various ways in which (...)
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  13.  52
    Why self-ownership is prescriptively impotent.Evan Fox-Decent - 1998 - Journal of Value Inquiry 32 (4):489-506.
    The self-ownserhip thesis claims that people are the rightful owners of themselves, and that as a consequence that are entitled to do as they please, and appropriate what they will, just so long as they do not harm others. I argue that this no-harm proviso is problematic in that our best conception of harm is not that A harms B if, and only if, A makes B worse off, but rather that A harms B if, and only if, A's action (...)
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  14.  81
    Review of Sovereignty’s Promise: The State as Fiduciary by Evan Fox-Decent[REVIEW]Matthew Lister - 2012 - Ethics 123 (1):150-4.
    In Sovereignty’s Promise: The State as Fiduciary, Evan Fox-Decent uses the idea of fiduciary relationships to explain the legitimate exercise of governmental authority. He makes use of the idea of the state as a fiduciary for the people to ground an account of the duty to obey the law, to explain the proper relationships between colonial (or “settler”) societies and aboriginal populations, the role of agency discretion and judicial review in the administrative state, the rule of law, the (...)
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  15. Affective neuroscience of self-generated thought.Kieran C. R. Fox, Jessica R. Andrews-Hanna, Caitlin Mills, Matthew L. Dixon, Jelena Markovic, Evan Thompson & Kalina Christoff - 2018 - Annals of the New York Academy of Sciences 1426 (1):25-51.
    Despite increasing scientific interest in self-generated thought-mental content largely independent of the immediate environment-there has yet to be any comprehensive synthesis of the subjective experience and neural correlates of affect in these forms of thinking. Here, we aim to develop an integrated affective neuroscience encompassing many forms of self-generated thought-normal and pathological, moderate and excessive, in waking and in sleep. In synthesizing existing literature on this topic, we reveal consistent findings pertaining to the prevalence, valence, and variability of emotion in (...)
     
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  16.  54
    Book ReviewsFox-Decent, Evan. Sovereignty’s Promise: The State as Fiduciary.Oxford: Oxford University Press, 2011. Pp. 283. $99.00. [REVIEW]Matthew Lister - 2012 - Ethics 123 (1):150-154.
  17.  29
    A decent proposal: ethical review of clinical research.Donald Evans - 1996 - New York, N.Y.: Wiley. Edited by Martyn Evans.
    A Decent Proposal: Ethical Review of Clinical Research Donald Evans and Martyn Evans Centre for Philosophy and Health Care University of Wales Swansea, UK The investigation and development of modern medicines and medical technology can create numerous ethical dilemmas both for clinical researchers and research ethics committees. A Decent Proposal: Ethical Review of Clinical Research seeks to facilitate and encourage good clinical research by exploring the concerns, responsibilities, general issues and particular pitfalls associated with ethical aspects of research. (...)
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  18.  35
    Religion, meaning, and identity in women's writing.Elizabeth Fox-Genovese - 2008 - Common Knowledge 14 (1):16-28.
    This text of Elizabeth Fox-Genovese's is published posthumously in the context of pieces dedicated to her memory. It is unclear whether she intended it for eventual publication or whether she had intended it as a lecture; nor is there decisive evidence for a date of composition. In it, she reviews the stance of feminist literary criticism toward religion and finds it to be generally negative. She regrets that feminist critics see in religion mostly a means of subordinating women to men, (...)
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  19.  7
    ‘What Am I Going to Do with My Philodendron?’ Looking at a Plant in Desk Set.Georgina Evans - 2023 - Philosophies 8 (1):9.
    _Desk Set_, a 1957 20th Century Fox studio comedy, made with the sponsorship of IBM, charts the relationship between a reference librarian, Bunny Watson, and Richard Sumner, the inventor of a computer which appears to threaten her job. The film displays a thriving philodendron within Bunny’s skyscraper office, illustrating her organic style of thinking, and implicitly inviting us to see the plant in opposition to the computer. The suggestion that the plant is in some sense excessive, claiming attention beyond the (...)
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  20.  21
    Art in the Frame: Spiritual America and the Ethics of Images.Mihail Evans - 2015 - Journal of Aesthetics and Phenomenology 2 (2):143-170.
    The recent removal of the Richard Prince’s artwork Spiritual America from the Tate Modern’s “Pop Life: Art in a Material World” exhibition is the most recent and high-profile case of a work of art being withdrawn from a gallery in the UK on the grounds that it has allegedly breached legislation concerning indecent images of children. Surprisingly, the issue has been hardly considered by academics from law departments and is almost entirely ignored by philosophers specializing in aesthetics and ethics. This (...)
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  21.  48
    A Kantian Cognitive Architecture.Richard Evans - 2019 - In Matteo Vincenzo D'Alfonso & Don Berkich (eds.), On the Cognitive, Ethical, and Scientific Dimensions of Artificial Intelligence. Springer Verlag. pp. 233-262.
    In this paper, I reinterpret Kant’s Transcendental Analytic as a description of a cognitive architecture. I describe a computer implementation of this architecture, and show how it has been applied to two unsupervised learning tasks. The resulting program is very data efficient, able to learn from a tiny handful of examples. I show how the program achieves data-efficiency: the constraints described in the Analytic of Principles are reinterpreted as strong prior knowledge, constraining the set of possible solutions.
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  22. Mind in Life: Biology, Phenomenology, and the Sciences of Mind.Evan Thompson - 2007 - Cambridge, Mass.: Harvard University Press.
    The question has long confounded philosophers and scientists, and it is this so-called explanatory gap between biological life and consciousness that Evan ...
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  23.  61
    White trash alchemies of the abject sublime : Country as "bad" music.Aaron A. Fox - 2004 - In Christopher Washburne & Maiken Derno (eds.), Bad music: the music we love to hate. New York: Routledge. pp. 39.
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  24.  6
    Ontologie de la chair: phantasmes philosophiques et médicaux de la conceptualisation narrative.Mélissa Fox-Muraton - 2013 - Limoges: Lambert-Lucas.
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  25. The question of identity from a comparative education perspective.Christine Fox - 2007 - In Robert F. Arnove & Carlos Alberto Torres (eds.), Comparative education: the dialectic of the global and the local. Lanham, MD: Rowman & Littlefield.
     
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  26.  6
    Postphenomenology: A Critical Companion to Ihde.Evan Selinger (ed.) - 2006 - State University of New York Press.
    Critically engages the work of the philosopher Don Ihde.
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  27.  11
    Engagements with contemporary literary and critical theory.Evan Gottlieb - 2020 - New York: Routledge, Taylor & Francis Group.
    Engagements with Contemporary Literary and Critical Theory is a wide-ranging but accessible introduction that illuminates the field of theory through a variety of useful and relevant examples. Covering all key theories and theorists, this book looks at the relation of theory to form, discourses, subjectivity, media and networks, and environments. Organized thematically, Engagements with Contemporary Literary and Critical Theory illuminates the field by focusing on the concepts and methodologies of key thinkers, while also providing historical introductions that contextualize the latest (...)
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  28. Can there be vague objects?Gareth Evans - 2004 - In Tim Crane & Katalin Farkas (eds.), Metaphysics: a guide and anthology. Oxford University Press UK.
     
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  29. Self, no self?: perspectives from analytical, phenomenological, and Indian traditions.Mark Siderits, Evan Thompson & Dan Zahavi (eds.) - 2011 - Oxford: Oxford University Press.
    It is time to bring the rich resources of these traditions into the contemporary debate about the nature of self. This volume is the first of its kind.
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  30. Getting to know you: Accuracy and error in judgments of character.Evan Westra - 2019 - Mind and Language 35 (5):583-600.
    Character judgments play an important role in our everyday lives. However, decades of empirical research on trait attribution suggest that the cognitive processes that generate these judgments are prone to a number of biases and cognitive distortions. This gives rise to a skeptical worry about the epistemic foundations of everyday characterological beliefs that has deeply disturbing and alienating consequences. In this paper, I argue that this skeptical worry is misplaced: under the appropriate informational conditions, our everyday character-trait judgments are in (...)
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  31.  32
    Rationality and Intelligence.J. St B. T. Evans - 1987 - British Journal of Educational Studies 35 (1):74-76.
  32.  6
    Finding Oz: how L. Frank Baum discovered the great American story.Evan I. Schwartz - 2009 - Boston: Houghton Mifflin Harcourt.
    Finding Oz tells the remarkable story behind one of the world’s most enduring and best-loved books. Offering profound new insights into the true origins and meaning of L. Frank Baum’s 1900 masterwork, it delves into the personal turmoil and spiritual transformation that fueled Baum’s fantastical parable of the American Dream. Before becoming an impresario of children’s adventure tales, the J. K. Rowling of his age, Baum failed at a series of careers and nearly lost his soul before setting out on (...)
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  33. Aristotle, Protagoras, and Contradiction: Metaphysics Γ 4-6.Evan Keeling - 2013 - Journal of Ancient Philosophy 7 (2):75-99.
    In both Metaphysics Γ 4 and 5 Aristotle argues that Protagoras is committed to the view that all contradictions are true. Yet Aristotle’s arguments are not transparent, and later, in Γ 6, he provides Protagoras with a way to escape contradictions. In this paper I try to understand Aristotle’s arguments. After examining a number of possible solutions, I conclude that the best way of explaining them is to (a) recognize that Aristotle is discussing a number of Protagorean opponents, and (b) (...)
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  34. Behavior genetics and postgenomics.Evan Charney - 2012 - Behavioral and Brain Sciences 35 (5):331-358.
    The science of genetics is undergoing a paradigm shift. Recent discoveries, including the activity of retrotransposons, the extent of copy number variations, somatic and chromosomal mosaicism, and the nature of the epigenome as a regulator of DNA expressivity, are challenging a series of dogmas concerning the nature of the genome and the relationship between genotype and phenotype. According to three widely held dogmas, DNA is the unchanging template of heredity, is identical in all the cells and tissues of the body, (...)
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  35. Marrying the Premodern to the Postmodern: Computers and organisms after World War II.Evelyn Fox Keller & M. N. Wise - 2004 - In M. Norton Wise (ed.), Growing explanations: historical perspectives on recent science. Durham: Duke University Press.
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  36. Neurophenomenology: An introduction for neurophilosophers.Evan Thompson, A. Lutz & D. Cosmelli - 2005 - In Andrew Brook & Kathleen Akins (eds.), Cognition and the Brain: The Philosophy and Neuroscience Movement. Cambridge University Press. pp. 40.
    • An adequate conceptual framework is still needed to account for phenomena that (i) have a first-person, subjective-experiential or phenomenal character; (ii) are (usually) reportable and describable (in humans); and (iii) are neurobiologically realized.2 • The conscious subject plays an unavoidable epistemological role in characterizing the explanadum of consciousness through first-person descriptive reports. The experimentalist is then able to link first-person data and third-person data. Yet the generation of first-person data raises difficult epistemological issues about the relation of second-order awareness (...)
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  37.  43
    In defence of history.Richard J. Evans - 1997 - London: Granta Books.
    Introduction i This book is about how we study history, how we research and write about it, and how we read it. In the postmodern age, historians are being ...
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  38.  5
    Collected essays on philosophy and on Judaism.Marvin Fox & Jacob Neusner - 2001 - Binghamton, N.Y.: Global Publications. Edited by Jacob Neusner.
    A selection of his more important writings.
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  39.  27
    Symbols of harm, literacies of hope.Roy Fox - 2012 - Human Affairs 22 (2):256-262.
    The author argues that our best hope for addressing world problems (from climate change to violence, to poverty) is to teach critical thinking through the study of language and all symbol systems. This means removing disciplinary boundaries so that we can focus more effectively on solving common problems. Human survival also depends upon our critical analysis of electronic media and our wise uses of technology. Critical thinking via all symbol systems is more likely to generate humane actions. Therefore, education—not governments (...)
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  40.  3
    Augustine: conversions and confessions.Robin Lane Fox - 2015 - [London]: Allen Lane, an imprint of Penguin Books.
    Augustine is the person from the ancient world about whom we know most. He is the author of an intimate masterpiece, the Confessions, which continues to delight its many admirers. In it he writes about his infancy and his schooling in the classics in late Roman North Africa, his remarkable mother, his sexual sins ('Give me chastity, but not yet,' he famously prayed), his time in an outlawed heretical sect, his worldly career and friendships and his gradual return to God. (...)
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  41.  6
    Decadences: Morality and Aesthetics in British Literature.Paul Fox (ed.) - 2014 - Columbia University Press.
    This volume follows shifting conceptions of decadence in art and society at various moments in British literature. The decline from a higher standard, social malaise, aesthetic ennui -- all of these ideas presume certain facts about the past, the present, and time's linear nature. To reject the past as a given and to relish the subtleties of present nuance is the beginning of decadence. This study explores the inherent conflict between society's moral contempt toward purportedly decadent artists and the artist's (...)
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  42.  21
    In face of the facts: moral inquiry in American scholarship.Richard Wightman Fox & Robert B. Westbrook (eds.) - 1998 - Cambridge: Press Syndicate of the University of Cambridge.
    Recently there has been a renewed interest in moral inquiry among American scholars in a variety of disciplines. This collection of accessible essays by scholars in philosophy, political theory, psychology, history, literary studies, sociology, religious studies, anthropology, and legal studies affords a view of the current state of moral inquiry in the American academy, and it offers fresh departures for ethically informed, interdisciplinary scholarship. Seeking neither to reduce values to facts nor facts to values, these essays aim to foster discussion (...)
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  43.  3
    Religion and morality, their nature and mutual relations, historically and doctrinally considered.James Joseph Fox - 1899 - New York,: W.H. Young & company.
    This Is A New Release Of The Original 1899 Edition.
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  44.  22
    Logical Oddities in Protagorean Relativism.Evan Keeling - 2023 - Rhizomata 10 (2):215-237.
    This paper discusses two broadly logical issues related to Protagoras’ measure doctrine (M) and the self-refutation argument (SRA). First, I argue that the relevant interpretation of (M) has it that every individual human being determines all her own truths, including the truth of (M) itself. I then turn to what I take to be the most important move in the SRA: that Protagoras recognises not only that his opponents disagree with him about the truth of (M), but also that they (...)
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  45.  75
    Bias in Human Reasoning: Causes and Consequences.Jonathan St B. T. Evans (ed.) - 1990 - Psychology Press.
    This book represents the first major attempt by any author to provide an integrated account of the evidence for bias in human reasoning across a wide range of disparate psychological literatures. The topics discussed involve both deductive and inductive reasoning as well as statistical judgement and inference. In addition, the author proposes a general theoretical approach to the explanations of bias and considers the practical implications for real world decision making. The theoretical stance of the book is based on a (...)
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  46. What is a person.Martyn Evans - 2001 - In H. Ten Have & Bert Gordijn (eds.), Bioethics in a European perspective. Boston, MA: Kluwer Academic Publishers. pp. 141--155.
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  47.  14
    Post-truth: why we have reached peak bullshit and what we can do about it.Evan Davis - 2017 - London: Little, Brown.
    Low-level dishonesty is rife everywhere, in the form of exaggeration, selective use of facts, economy with the truth, careful drafting - from Trump and the Brexit debate to companies that tell us 'your call is important to us'. How did we get to a place where bullshit is not just rife but apparently so effective that it's become the communications strategy of our times? This brilliantly insightful book steps inside the panoply of deception employed in all walks of life and (...)
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  48.  78
    Paradigms for Clinical Ethics Consultation Practice.Mark D. Fox, Glenn Mcgee & Arthur Caplan - 1998 - Cambridge Quarterly of Healthcare Ethics 7 (3):308-314.
    Clinical bioethics is big business. There are now hundreds of people who bioethics in community and university hospitals, nursing homes, rehabilitation and home care settings, and some who play the role of clinical ethics consultant to transplant teams, managed care companies, and genetic testing firms. Still, there is as much speculation about what clinically active bioethicists actually do as there was ten years ago. Various commentators have pondered the need for training standards, credentials, exams, and malpractice insurance for ethicists engaged (...)
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  49.  13
    The new Sartre: explorations in postmodernism.Nik Farrell Fox - 2003 - New York: Continuum.
    This book explores the differences and similarities between Sartrean existentialism and French poststructuralism.
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  50. Virtue Signaling and Moral Progress.Evan Westra - 2021 - Philosophy and Public Affairs 49 (2):156-178.
    ‘Virtue signaling’ is the practice of using moral talk in order to enhance one’s moral reputation. Many find this kind of behavior irritating. However, some philosophers have gone further, arguing that virtue signaling actively undermines the proper functioning of public moral discourse and impedes moral progress. Against this view, I argue that widespread virtue signaling is not a social ill, and that it can actually serve as an invaluable instrument for moral change, especially in cases where moral argument alone does (...)
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