67 found
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  1.  62
    Minding Rights: Mapping Ethical and Legal Foundations of ‘Neurorights’.Sjors Ligthart, Marcello Ienca, Gerben Meynen, Fruzsina Molnar-Gabor, Roberto Andorno, Christoph Bublitz, Paul Catley, Lisa Claydon, Thomas Douglas, Nita Farahany, Joseph J. Fins, Sara Goering, Pim Haselager, Fabrice Jotterand, Andrea Lavazza, Allan McCay, Abel Wajnerman Paz, Stephen Rainey, Jesper Ryberg & Philipp Kellmeyer - 2023 - Cambridge Quarterly of Healthcare Ethics 32 (4):461-481.
    The rise of neurotechnologies, especially in combination with artificial intelligence (AI)-based methods for brain data analytics, has given rise to concerns around the protection of mental privacy, mental integrity and cognitive liberty – often framed as “neurorights” in ethical, legal, and policy discussions. Several states are now looking at including neurorights into their constitutional legal frameworks, and international institutions and organizations, such as UNESCO and the Council of Europe, are taking an active interest in developing international policy and governance guidelines (...)
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  2.  60
    Criminal Justice and Artificial Intelligence: How Should we Assess the Performance of Sentencing Algorithms?Jesper Ryberg - 2024 - Philosophy and Technology 37 (1):1-15.
    Artificial intelligence is increasingly permeating many types of high-stake societal decision-making such as the work at the criminal courts. Various types of algorithmic tools have already been introduced into sentencing. This article concerns the use of algorithms designed to deliver sentence recommendations. More precisely, it is considered how one should determine whether one type of sentencing algorithm (e.g., a model based on machine learning) would be ethically preferable to another type of sentencing algorithm (e.g., a model based on old-fashioned programming). (...)
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  3.  46
    The Repugnant Conclusion.Gustaf Arrhenius, Jesper Ryberg & Torbjörn Tännsjö - 2014 - In Edward N. Zalta (ed.), The Stanford Encyclopedia of Philosophy. Stanford, CA: The Metaphysics Research Lab.
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  4.  67
    Punishment, Pharmacological Treatment, and Early Release.Jesper Ryberg - 2012 - International Journal of Applied Philosophy 26 (2):231-244.
    Recent studies have shown that pharmacological treatment may have an impact on aggressive and impulsive behavior. Assuming that these results are correct, would it be morally acceptable to instigate violent criminals to accept pharmacological rehabilitation by offering this treatment in return for early release from prison? This paper examines three different reasons for being skeptical with regard to this sort of practice. The first reason concerns the acceptability of the treatment itself. The second reason concerns the ethical legitimacy of making (...)
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  5. The repugnant conclusion.Jesper Ryberg, Torbjörn Tännsjö & Gustaf Arrhenius - 2006 - The Stanford Encyclopedia of Philosophy. Online; Last Accessed October 4:2006.
  6.  62
    Neuroscience, Mind Reading and Mental Privacy.Jesper Ryberg - 2017 - Res Publica 23 (2):197-211.
    Many theorists have expressed the view that current or future applications of neurotechnology may prompt serious ethical problems in terms of privacy. This article concerns the question as to whether involuntary neurotechnological mind reading can plausibly be held to violate a person’s moral right to mental privacy. It is argued that it is difficult to specify what a violation of a right to mental privacy amounts to in a way that is consistent with the fact that we usually regard natural (...)
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  7.  57
    Is Coercive Treatment of Offenders Morally Acceptable? On the Deficiency of the Debate.Jesper Ryberg - 2015 - Criminal Law and Philosophy 9 (4):619-631.
    Is it morally acceptable to instigate criminal offenders to participate in rehabilitative treatment by offering treatment in return for early release from prison? Some theorists have supported such treatment schemes by pointing to the beneficial consequences that follow from the treatment. Others have suggested that the schemes are unacceptably coercive, which implies that consent becomes an illusion. This paper argues that the discussion—with clear parallels to debates of other healthcare treatment offers in medical ethics—has adopted a too narrow focus. By (...)
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  8. Privacy rights, crime prevention, CCTV, and the life of mrs aremac.Jesper Ryberg - 2007 - Res Publica 13 (2):127-143.
    Over the past decade the use of closed circuit television (CCTV) as a means of crime prevention has reached unprecedented levels. Though critics of this development do not speak with one voice and have pointed to a number of different problems in the use of CCTV, one argument has played a dominant role in the debate, namely, that CCTV constitutes an unacceptable violation of people’s right to privacy. The purpose of this paper is to examine this argument critically. It is (...)
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  9.  35
    New waves in applied ethics.Jesper Ryberg, Thomas S. Petersen & Clark Wolf (eds.) - 2007 - New York: Palgrave-Macmillan.
    This volume contains work by the very best young scholars working in Applied Ethics, gathering a range of new perspectives and thoughts on highly relevant topics, such as the environment, animals, computers, freedom of speech, human enhancement, war and poverty. For researchers and students working in or around this fascinating area of the discipline, the volume will provide a unique snapshot of where the cutting-edge work in the field is currently engaged and where it's headed.
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  10.  41
    Sentencing Disparity and Artificial Intelligence.Jesper Ryberg - 2023 - Journal of Value Inquiry 57 (3):447-462.
    The idea of using artificial intelligence as a support system in the sentencing process has attracted increasing attention. For instance, it has been suggested that machine learning algorithms may help in curbing problems concerning inter-judge sentencing disparity. The purpose of the present article is to examine the merits of this possibility. It is argued that, insofar as the unfairness of sentencing disparity is held to reflect a retributivist view of proportionality, it is not necessarily the case that increasing inter-judge uniformity (...)
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  11.  14
    Leveling (down) the playing field: performance diminishments and fairness in sport.Sebastian Jon Holmen, Thomas Søbirk Petersen & Jesper Ryberg - 2023 - Journal of Medical Ethics 49 (7):502-505.
    The 2018 eligibility regulation for female competitors with differences of sexual development (DSD) issued by World Athletics requires competitors with DSD with blood testosterone levels at or above 5 nmol/L and sufficient androgen sensitivity to be excluded from competition in certain events unless they reduce the level of testosterone in their blood. This paper formalises and then critically assesses the fairness-based argument offered in support of this regulation by the federation. It argues that it is unclear how the biological advantage (...)
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  12.  61
    Neurotechnological Behavioural Treatment of Criminal Offenders—A Comment on Bomann-Larsen.Jesper Ryberg & Thomas S. Petersen - 2011 - Neuroethics 6 (1):79-83.
    Whether it is morally acceptable to offer rehabilitation by CNS-intervention to criminals as a condition for early release constitutes an important neuroethical question. Bomann-Larsen has recently suggested that such interventions are unacceptable if the offered treatment is not narrowly targeted at the behaviour for which the criminal is convicted. In this article it is argued that Bomann-Larsen’s analysis of the morality of offers does not provide a solid base for this conclusion and that, even if the analysis is assumed to (...)
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  13. Is the repugnant conclusion repugnant?Jesper Ryberg - 1996 - Philosophical Papers 25 (3):161-177.
  14.  25
    Risk-Based Sentencing and Predictive Accuracy.Jesper Ryberg - 2020 - Ethical Theory and Moral Practice 23 (1):251-263.
    The use of risk assessment tools has come to play an increasingly important role in sentencing decisions in many jurisdictions. A key issue in the theoretical discussion of risk assessment concerns the predictive accuracy of such tools. For instance, it has been underlined that most risk assessment instruments have poor to moderate accuracy in most applications. However, the relation between, on the one hand, judgements of the predictive accuracy of a risk assessment tool and, on the other, conclusions concerning the (...)
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  15.  12
    Retributivism and the Dynamic Desert Model: Three Challenges to Dagan and Roberts.Jesper Ryberg - 2021 - Criminal Justice Ethics 40 (1):56-67.
    A traditional assumption in retributivist thinking is the view that an offender's desert is determined exclusively on the basis of the gravity of the crime committed. However, this assumption has r...
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  16. Higher and lower pleasures – doubts on justification.Jesper Ryberg - 2002 - Ethical Theory and Moral Practice 5 (4):415-429.
    According to the discontinuity view we can have a (lower) pleasure which, no matter how often a certain unit of it is added to itself, cannot become greater in value than a unit of another (higher) pleasure. All recent adherents of this view seem to rely basically on the same sort of reasoning which is referred to here as the preference test. This article presents three arguments, each of which indicates that the inference from the preference test to the discontinuity (...)
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  17.  55
    The Repugnant Conclusion: Essays on Population Ethics.Torbjörn Tännsjö & Jesper Ryberg (eds.) - 2004 - Kluwer Academic Publishers.
    Most people (including moral philosophers), when faced with the fact that some of their cherished moral views lead up to the Repugnant Conclusion, feel that they have to revise their moral outlook. However, it is a moot question as to how this should be done. It is not an easy thing to say how one should avoid the Repugnant Conclusion, without having to face even more serious implications from one's basic moral outlook. Several such attempts are presented in this volume. (...)
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  18.  19
    Neuroethics and Brain Privacy: Setting the Stage.Jesper Ryberg - 2017 - Res Publica 23 (2):153-158.
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  19.  39
    Retributivism and the proportionality dilemma.Jesper Ryberg - 2020 - Ratio 34 (2):158-166.
    ‘Retributivism’ covers a wide range of theories which, even though they differ in various ways, all give some room for proportionality considerations with regard to the question of how severely offenders should be punished. This article addresses the question—well‐known from traditional ethical theory—as to whether proportionality constraints should be given an absolutist or a non‐absolutist interpretation. It is argued that both absolutist and some non‐absolutist accounts of proportionality constraints have counter‐intuitive implications and, more generally, that the non‐absolutist interpretation, to which (...)
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  20. Popular Punishment.Jesper Ryberg & Julian Roberts (eds.) - 2014 - Oxford University Press.
  21. The repugnant conclusion.Jesper Ryberg - 2008 - Stanford Encyclopedia of Philosophy.
    In Derek Parfit's original formulation the Repugnant Conclusion is characterized as follows: “For any possible population of at least ten billion people, all with a very high quality of life, there must be some much larger imaginable population whose existence, if other things are equal, would be better even though its members have lives that are barely worth living” (Parfit 1984). The Repugnant Conclusion highlights a problem in an area of ethics which has become known as population ethics . The (...)
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  22.  62
    Mass atrocities, retributivism, and the threshold challenge.Jesper Ryberg - 2010 - Res Publica 16 (2):169-179.
    The purpose of this paper is to direct attention to a challenge—referred to as the threshold challenge —facing a non-absolutist retributivist view on international criminal justice. It is argued, on the one hand, that this challenge constitutes a practically pertinent problem for the retributivist approach to the punishment of mass crimes and, on the other, that it is very hard to imagine any principled way of meeting this challenge.
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  23. Parfit's repugnant conclusion.Jesper Ryberg - 1996 - Philosophical Quarterly 46 (183):202-213.
    A vcry important question raised by Dcrck Parfit in the part 0i` Reasons and Persons which dcals with population ethics is how t0 compare thc future outcomes 0i` those policies which differ in thc way they afTcct population growth} Such comparisons arc complicated by the fact that thcsc 0utcomcs may differ not only in thc avcragc Icvcls 0f well-being they gcncratc but also in thc identity and number 0i` thc persons who cxist.
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  24. Racial Profiling and Criminal Justice.Jesper Ryberg - 2011 - The Journal of Ethics 15 (1-2):79 - 88.
    According to the main argument in favour of the practice of racial profiling as a low enforcement tactic, the use of race as a targeting factor helps the police to apprehend more criminals. In the following, this argument is challenged. It is argued that, given the assumption that criminals are currently being punished too severely in Western countries, the apprehension of more criminals may not constitute a reason in favour of racial profiling at all.
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  25.  76
    Punishing Adolescents—On Immaturity and Diminished Responsibility.Jesper Ryberg - 2014 - Neuroethics 7 (3):327-336.
    Should an adolescent offender be punished more leniently than an adult offender? Many theorists believe the answer to be in the affirmative. According to the diminished culpability model, adolescents are less mature than adults and, therefore, less responsible for their wrongdoings and should consequently be punished less harshly. This article concerns the first part of the model: the relation between immaturity and diminished responsibility. It is argued that this relation faces three normative challenges which do not allow for easy answers (...)
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  26.  20
    Predictive Sentencing: Normative and Empirical Perspectives.Jan W. De Keijser, Julian V. Roberts & Jesper Ryberg (eds.) - 2019 - Hart Publishing.
    Predictive Sentencing addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision-making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in sentencing. Although structured risk assessments (...)
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  27.  39
    Surgical castration, coercion and ethics.Jesper Ryberg & Thomas S. Petersen - 2014 - Journal of Medical Ethics 40 (9):593-594.
    John McMillan's detailed ethical analysis concerning the use of surgical castration of sex offenders in the Czech Republic and Germany is mainly devoted to considerations of coercion.1 This is not surprising. When castration is offered as an option to offenders and, at the same time, constitutes the only means by which these offenders are likely to be released from prison, it is reasonable—and close to the heart of modern medical ethics—to consider whether the offer involves some kind of coercion. However, (...)
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  28.  34
    When Should Neuroimaging Be Applied in the Criminal Court? On Ideal Comparison and the Shortcomings of Retributivism.Jesper Ryberg - 2014 - The Journal of Ethics 18 (2):81-99.
    When does neuroimaging constitute a sufficiently developed technology to be put into use in the work of determining whether or not a defendant is guilty of crime? This question constitutes the starting point of the present paper. First, it is suggested that an overall answer is provided by what is referred to as the “ideal comparative view.” Secondly, it is—on the ground of this view—argued that the answer as to whether neuroimaging technology should be applied presupposes penal theoretical considerations. Thirdly, (...)
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  29.  6
    The Repugnant Conclusion: Essays on Population Ethics.Jesper Ryberg & Torbjèorn Tèannsjèo - 2004 - Springer Verlag.
    Most people (including moral philosophers), when faced with the fact that some of their cherished moral views lead up to the Repugnant Conclusion, feel that they have to revise their moral outlook. However, it is a moot question as to how this should be done. It is not an easy thing to say how one should avoid the Repugnant Conclusion, without having to face even more serious implications from one's basic moral outlook. Several such attempts are presented in this volume. (...)
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  30.  8
    Do possible people have moral standing?Jesper Ryberg - 1995 - Danish Yearbook of Philosophy 30 (1):96-118.
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  31. Population and Third World Assistance – A Comment on Hardin’s Lifeboat Ethics.Jesper Ryberg - 1997 - Journal of Applied Philosophy 14 (3):207–219.
    Many philosophers have defended the view that well‐off people or nations have an obligation to assist people who suffer from famine in less developed areas of the world. However, in contrast to this outlook, some theorists have claimed that it is ethically wrong to provide this kind of assistance. In this article the non‐assistance view is discussed. It is argued that even if a neo‐Malthusian population theory is correct and if we accept a maximizing policy which allows the relevant weighing (...)
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  32.  5
    AI, doping and ethics: On why increasing the effectiveness of detecting doping fraud in sport may be morally wrong.Thomas Søbirk Petersen, Sebastian Jon Holmen & Jesper Ryberg - forthcoming - Journal of Medical Ethics.
    In this article, our aim is to show why increasing the effectiveness of detecting doping fraud in sport by the use of artificial intelligence (AI) may be morally wrong. The first argument in favour of this conclusion is that using AI to make a non-ideal antidoping policy even more effective can be morally wrong. Whether the increased effectiveness is morally wrong depends on whether you believe that the current antidoping system administrated by the World Anti-Doping Agency is already morally wrong. (...)
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  33.  11
    Compulsory Medication, Trial Competence, and Penal Theory.Jesper Ryberg - unknown
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  34.  37
    Neuroscience and Criminal Justice: Introduction.Jesper Ryberg - 2014 - The Journal of Ethics 18 (2):77-80.
    This special issue of The Journal of Ethics is devoted to ethical considerations of the use of neuroscience in the criminal justice system. In this introduction, an overview is provided of the different topics dealt with in the volume.
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  35. Retributivism and Resources.Jesper Ryberg - 2013 - Utilitas 25 (1):66-79.
    A traditional overall distinction between the various versions of retributive theories of punishment is that between positive and negative retributivism. This article addresses the question of what positive retributivism – and thus the obligation to punish perpetrators – implies for a society in which the state has many other types of obligation. Several approaches to this question are considered. It is argued that the resource priority question constitutes a genuine and widely ignored challenge for positive retributivist theories of punishment.Send article (...)
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  36.  12
    Recidivists Punishment: The Philosophers' view.Jesper Ryberg & Claudio Tamburrini (eds.) - 2011 - Lanham: Lextington books.
    Much has been written about recidivist punishments, particularly within the area of criminology. However there is a notorious lack of penal philosophical reflection on this issue. This book attempts to fill that gap by presenting the philosopher’s view on this matter as a way of furthering the debate on recidivist punishments.
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  37.  3
    Alf Ross: kritiske gensyn.Jakob vH Holtermann & Jesper Ryberg (eds.) - 2006 - København: Jurist- og økonomforbundets forlag.
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  38.  12
    Bioethics Research Group and Beyond: Three Decades of Studies in Ethics and Political Philosophy.Nils Holtug, Kasper Lippert-Rasmussen, Jesper Ryberg & Peter Sandøe - 2020 - Danish Yearbook of Philosophy 53 (1):133-161.
    The aim of this paper is to present some important contributions to ethics, value theory and political philosophy the former members of the Bioethics Research Group have made. The group was established at the University of Copenhagen in 1992 and was formally dissolved in 1997, but the members continued to work in ethics and political philosophy and set up research groups and centres at four Danish universities. Within four research themes, contributions made over the years are described. Research outputs of (...)
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  39.  6
    Sentencing Multiple Crimes.Jesper Ryberg, Julian V. Roberts & Jan Willem de Keijser (eds.) - 2017 - New York, USA: Oxford University Press.
    Most people assume that criminal offenders have only been convicted of a single crime. However, in reality almost half of offenders stand to be sentenced for more than one crime. The high proportion of multiple crime offenders poses a number of practical and theoretical challenges for the criminal justice system. For instance, how should courts punish multiple offenders relative to individuals who have been sentenced for a single crime? How should they be punished relative to each other? Sentencing Multiple Crimes (...)
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  40. Principled Sentencing and Artificial Intelligence.Julian Roberts & Jesper Ryberg (eds.) - 2022 - Oxford University Press.
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  41.  6
    Sentencing the Self-Convicted: The Ethics of Pleading Guilty.Julian V. Roberts & Jesper Ryberg (eds.) - 2023 - Bloomsbury.
    This book addresses the fundamental ethical and legal aspects, penal consequences, and social context arising from a citizen's acceptance of guilt. The focus is upon sentencing people who have pleaded guilty; in short, post-adjudication, rather than issues arising from discussions in the pretrial phase of the criminal process. The vast majority of defendants across all common law jurisdictions plead guilty and as a result receive a reduced sentence. Concessions by a defendant attract more lenient State punishment in all western legal (...)
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  42.  20
    Deep Brain Stimulation, Psychopaths, and Punishment.Jesper Ryberg - 2016 - American Journal of Bioethics Neuroscience 7 (3):168-169.
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  43.  4
    Future Generations.Jesper Ryberg - 2009 - In Jan Kyrre Berg Olsen Friis, Stig Andur Pedersen & Vincent F. Hendricks (eds.), A Companion to the Philosophy of Technology. Oxford, UK: Wiley-Blackwell. pp. 442–444.
    This chapter contains sections titled: References and Further Reading.
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  44.  43
    Generation-Relative Ethics-A Critical Note on Dasgupta.Jesper Ryberg - 1998 - Theoria 64 (1):23-33.
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  45.  26
    Mercy and Justice in Criminal Law.Jesper Ryberg - 2005 - SATS 6 (1):92-109.
  46.  46
    Moral rights and the problem of privacy in public: A reply to Lever and Goold.Jesper Ryberg - 2008 - Res Publica 14 (1):49-56.
  47.  7
    Neuroethics and Criminal Justice.Jesper Ryberg & Thomas Søbir Petersen - 2016 - In Kasper Lippert‐Rasmussen, Kimberley Brownlee & David Coady (eds.), A Companion to Applied Philosophy. Chichester, UK: Wiley. pp. 370–382.
    The aim of this chapter is to provide an introduction to a recent example of applied ethics, namely, the discussion of how and when neuroscientific knowledge and technology should be used in the work of the criminal justice system. More precisely, an overview is provided of the ethical challenges that arise from the use of brain imaging and brain interventions in the work of the guilt phase and sentencing phase of the criminal court.
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  48. Normative Ethics: Five Questions.Jesper Ryberg & Thomas S. Peterson (eds.) - 2007 - Automatic Press/VIP.
     
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  49.  9
    No Title available: Reviews.Jesper Ryberg - 2011 - Economics and Philosophy 27 (1):83-87.
  50.  12
    On goodman’s autographic/allographic distinction.Jesper Ryberg - 1998 - Danish Yearbook of Philosophy 33 (1):71-83.
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