Results for 'L. Matthew Law'

998 found
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  1.  7
    Cues, Context, and Long-Term Memory: The Role of the Retrosplenial Cortex in Spatial Cognition.Adam M. P. Miller, Lindsey C. Vedder, L. Matthew Law & David M. Smith - 2014 - Frontiers in Human Neuroscience 8.
  2.  11
    The Metaphysics of a Contemporary Islamic Shari'a: A MetaRealist Perspective.Matthew L. N. Wilkinson - 2015 - Journal of Critical Realism 14 (4):350-365.
    The philosophy of metaReality and, in particular, ideas of transcendence can ‘underlabour’ for the re-enchantment of Islamic praxis, ethics and law by helping to uncover in a systematic, non-arbitrary way the spiritual objectives inherent in the basic beliefs, practices and obligations of Islam. The commonly accepted elements of the Islamic legal pathway, such as the obligation of marriage, far from being inhibiting, can help humans access the dialectical pulse of freedom and the emancipatory meaning inherent tendentially in human relationships. Thus, (...)
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  3.  31
    “You Have to Teach the Judge What to Do”: Semiotic Gaps Between Unrepresented Litigants and the Common Law.Matthew W. L. Yeung & Janny H. C. Leung - 2017 - Semiotica 2017 (216):363-381.
    Name der Zeitschrift: Semiotica Jahrgang: 2017 Heft: 216 Seiten: 363-381.
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  4.  14
    Officials and Subjects in Gardner’s Law as a Leap of Faith.Matthew Noah Smith - 2014 - Law and Philosophy 33 (6):795-811.
    In his collection of essays, Law as a Leap of Faith, John Gardner lucidly develops a powerful account of legal positivism, primarily via a careful interrogation of H. L. A. Hart’s work, with a particular focus on Hart’s most important text, The Concept of Law. In this essay, I raise a question regarding the significance of legal subjects’ understanding of themselves as legal subjects. I claim that as Gardner fills out the picture of what it takes to have an ideal (...)
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  5.  49
    The Legacy of H.L.A. Hart: Legal, Political and Moral Philosophy.Matthew Kramer, Claire Grant, Ben Colburn & Antony Hatzistavrou (eds.) - 2008 - Oxford University Press.
    This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century. -/- The book brings together contributions from seventeen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that were tackled (...)
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  6. Introduction: Symposium on Paul Gowder, the Rule of Law in the Real World.Matthew J. Lister - 2018 - St. Louis University Law Journal 62 (2):287-91.
    This is a short introduction to a book symposium on Paul Gowder's recent book, _The Rule of Law in thee Real World_ (Cambridge University Press, 2016). The book symposium will appear in the St. Luis University Law Journal, 62 St. Louis U. L.J., -- (2018), with commentaries on Gowder's book by colleen Murphy, Robin West, Chad Flanders, and Matthew Lister, along with replies by Paul Gowder.
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  7. In Defense of Hart.Matthew H. Kramer - 2013 - In Wil Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oxford University Press. pp. 22.
    In Legality Scott Shapiro seeks to provide the motivation for the development of his own elaborate account of law by undertaking a critique of H.L.A. Hart's jurisprudential theory. Hart maintained that every legal system is underlain by a rule of recognition through which officials of the system identify the norms that belong to the system as laws. Shapiro argues that Hart's remarks on the rule of recognition are confused and that his model of lawis consequently untenable. Shapiro contends that a (...)
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  8.  20
    Built Environment and Physical Activity Promotion: Place-Based Obesity Prevention Strategies.Matthew J. Trowbridge & Thomas L. Schmid - 2013 - Journal of Law, Medicine and Ethics 41 (s2):46-51.
    This paper seeks to encourage continued innovation in translating built environment and transportation-focused physical activity research into practice. Successful strategies, policies, and tools from across the U.S. and globally that demonstrate potential for wider-scale implementation are highlighted. The importance of building practice and translational research partnerships with groups and organizations outside traditional public health spheres, such as those who work in real estate and land-use development, is also discussed.
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  9.  60
    Review of Defeasibility in Philosophy: Knowledge, Agency, Responsibility, and the Law; Claudia Blöser, Mikael Janvid, Hannes Ole Matthiessen, and Marcus Willaschek (Eds.). [REVIEW]Matthew Lister - 2014 - Notre Dame Philosophical Reviews 2014.
    This volume is based on papers presented at a conference on defeasibility in ethics, epistemology, law, and logic that took place at the Goethe University in Frankfurt in 2010. The subtitle (“Knowledge, Agency, Responsibility, and the Law”) better reflects the content than does the title of the original conference. None of the papers focuses directly or primarily on defeasible reasoning in logic, though a few touch on this indirectly. Nor are the papers evenly split among the topics. Six are primarily (...)
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  10. Four Entries for the Rawls Lexicon: Charles Beitz, H.L.A. Hart, Citizen, Sovereignty.Matthew Lister - 2015 - In Jon Mandle & David Reidy (eds.), The Cambridge Rawls Lexicon. Cambridge University Press.
    These are for entries for _The Cambridge Rawls Lexicon_, edited by Jon Mandle and David Reidy, on H.L.A. Hart, Charles Beitz, Sovereignty, and Citizen.
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  11.  19
    Popular Constitutionalism and the Rule of Recognition: Whose Practices Ground U.Matthew D. Adler - unknown
    The law within each legal system is a function of the practices of some social group. In short, law is a kind of socially grounded norm. H.L.A Hart famously developed this view in his book, The Concept of Law, by arguing that law derives from a social rule, the so-called “rule of recognition.” But the proposition that social facts play a foundational role in producing law is a point of consensus for all modern jurisprudents in the Anglo-American tradition: not just (...)
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  12. Why Liberal Neutrality Prohibits Same-Sex Marriage: Rawls, Political Liberalism, and the Family.Matthew B. O'Brien - 2012 - British Journal of American Legal Studies 1 (2):411-466.
    John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional rational basis review (...)
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  13.  26
    Law as a Leap of Faith as OTHERS See IT.John Gardner - 2014 - Law and Philosophy 33 (6):813-842.
    This is my reply to five extended critical assessments of my book Law as a Leap of Faith, appearing together in a symposium issue of Law and Philosophy. The critics are Kevin Toh, Luís Duarte d’Almeida and James Edwards, Fábio Perin Shecaira, Cristina Redondo, and Matthew Smith. The topics include H.L.A. Hart’s philosophical legacy, the moral claims of law, the nature of legal reasoning, the doctrine of legal positivism, and the possibility of alienation from law.
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  14.  52
    Social Facts, Constitutional Interpretation, and the Rule of Recognition.Matthew D. Adler - unknown
    This chapter is an essay in a volume that examines constitutional law in the United States through the lens of H.L.A. Hart's "rule of recognition" model of a legal system. My chapter focuses on a feature of constitutional practice that has been rarely examined: how jurists and scholars argue about interpretive methods. Although a vast body of scholarship provides arguments for or against various interpretive methods -- such as textualism, originalism, "living constitutionalism," structure-and-relationship reasoning, representation reinforcement, minimalism, and so forth (...)
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  15. Where Law and Morality Meet.Matthew H. Kramer - 2004 - Oxford University Press.
    How are law and morality connected, how do they interact, and in what ways are they distinct? In Part I of this book, Matthew Kramer argues that moral principles can enter into the law of any jurisdiction. He contends that legal officials can invoke moral principles as laws for resolving disputes, and that they can also invoke them as threshold tests which ordinary laws must satisfy. In opposition to many other theorists, Kramer argues that these functions of moral principles (...)
     
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  16.  11
    Matters of Fact: Matthew L. Jones.Matthew L. Jones - 2010 - Modern Intellectual History 7 (3):629-642.
    At the end of Matters of Exchange, Harold Cook's major revisionist account of the early modern scientific revolution, he locates the political and economic writings of Bernard Mandeville within the practices and values of contemporaneous Dutch observational medicine. Like Mandeville, Cook describes the potency of early modern capitalism and its attendant value system in generating industry and knowledge; like Mandeville, Cook finds coercive systems of moral regulation to be mistaken in their estimation of human capacities; and like Mandeville, Cook does (...)
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  17.  82
    Objectivity and the Rule of Law.Matthew Kramer - 2007 - Cambridge University Press.
    What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a (...)
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  18.  34
    Letting Structure Emerge: Connectionist and Dynamical Systems Approaches to Cognition.Linda B. Smith James L. McClelland, Matthew M. Botvinick, David C. Noelle, David C. Plaut, Timothy T. Rogers, Mark S. Seidenberg - 2010 - Trends in Cognitive Sciences 14 (8):348.
  19. In Defense of Legal Positivism: Law Without Trimmings.Matthew H. Kramer - 1999 - Oxford University Press.
    This book is an uncompromising defense of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets. The book concludes with a detailed discussion of the obligation to obey the law--a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.
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  20.  83
    The Law as a Social Practice: Are Shared Activities at the Foundations of Law?Matthew Noah Smith - 2006 - Legal Theory 12 (3):265-292.
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  21.  31
    Network Modularity as a Foundation for Neural Reuse.Matthew L. Stanley, Bryce Gessell & Felipe De Brigard - 2019 - Philosophy of Science 86 (1):23-46.
    The neural reuse framework developed primarily by Michael Anderson proposes that brain regions are involved in multiple and diverse cognitive tasks and that brain regions flexibly and dynamically interact in different combinations to carry out cognitive functioning. We argue that the evidence cited by Anderson and others falls short of supporting the fundamental principles of neural reuse. We map out this problem and provide solutions by drawing on recent advances in network neuroscience, and we argue that methods employed in network (...)
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  22. Resistance to Position Change, Motivated Reasoning, and Polarization.Matthew L. Stanley, Paul Henne, Brenda Yang & Felipe De Brigard - forthcoming - Political Behavior.
    People seem more divided than ever before over social and political issues, entrenched in their existing beliefs and unwilling to change them. Empirical research on mechanisms driving this resistance to belief change has focused on a limited set of well-known, charged, contentious issues and has not accounted for deliberation over reasons and arguments in belief formation prior to experimental sessions. With a large, heterogeneous sample (N = 3,001), we attempt to overcome these existing problems, and we investigate the causes and (...)
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  23.  43
    Reasons Probably Won’T Change Your Mind: The Role of Reasons in Revising Moral Decisions.Matthew L. Stanley, Ashley M. Dougherty, Brenda W. Yang, Paul Henne & Felipe De Brigard - 2018 - Journal of Experimental Psychology: General 147 (7):962-987.
    Although many philosophers argue that making and revising moral decisions ought to be a matter of deliberating over reasons, the extent to which the consideration of reasons informs people’s moral decisions and prompts them to change their decisions remains unclear. Here, after making an initial decision in 2-option moral dilemmas, participants examined reasons for only the option initially chosen(affirming reasons), reasons for only the option not initially chosen (opposing reasons), or reasons for both options. Although participants were more likely to (...)
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  24.  17
    Objectivity in Science and Law: A Shared Rescue Strategy.Matthew Burch & Katherine Furman - 2019 - International Journal of Law and Psychiatry 64.
    The ideal of objectivity is in crisis in science and the law, and yet it continues to do important work in both practices. This article describes that crisis and develops a shared rescue strategy for objectivity in both domains. In a recent article, Inkeri Koskinen attempts to bring unity to the fragmented discourse on objectivity in the philosophy of science with a risk account of objectivity. To put it simply, she argues that we call practitioners, processes, and products of science (...)
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  25.  10
    Hippocampal Function and Interference.Matthew L. Shapiro & David S. Olton - 1994 - In Memory Systems. MIT Press. pp. 1994--87.
  26.  32
    Emotional Intensity in Episodic Autobiographical Memory and Counterfactual Thinking.Matthew L. Stanley, Natasha Parikh, Gregory W. Stewart & Felipe De Brigard - 2017 - Consciousness and Cognition 48:283-291.
  27.  57
    Ego-Dissolution and Psychedelics: Validation of the Ego-Dissolution Inventory.Matthew M. Nour, Lisa Evans, David Nutt & Robin L. Carhart-Harris - 2016 - Frontiers in Human Neuroscience 10.
  28.  17
    Biblical Natural Law: A Theocentric and Teleological Approach.Matthew Levering - 2008 - Oxford University Press.
    An introduction to natural law theory and a challenge to re-think current biblical scholarship on the topic. Levering establishes the relevance of a biblical worldview to the contemporary pursuit of a moral life and locates his argument in the context of the philosophical development of natural law theory from Cicero to Nietzsche.
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  29. The Formula of Universal Law: A Reconstruction.Matthew Braham & Martin van Hees - 2015 - Erkenntnis 80 (2):243-260.
    This paper provides a methodologically original construction of Kant’s “Formula of Universal Law” . A formal structure consisting of possible worlds and games—a “game frame”—is used to implement Kant’s concept of a maxim and to define the two tests FUL comprises: the “contradiction in conception” and “contradiction in the will” tests. The paper makes two contributions. Firstly, the model provides a formal account of the variables that are built into FUL: agents, maxims, intentions, actions, and outcomes. This establishes a clear (...)
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  30.  22
    Introducing Islamic Critical Realism: A Philosophy for Underlabouring Contemporary Islam.Matthew L. N. Wilkinson - 2013 - Journal of Critical Realism 12 (4):419-442.
    This article makes the case for a contemporary philosophy of Islam to help Muslims surmount the challenges of postmodernity and to transcend the hiatuses and obstacles that Muslims face in their interaction and relationships with non-Muslims. It argues that the philosophy of critical realism so fittingly underlabours for the contemporary interpretation, clarification and conceptual deepening of Islamic doctrine and practice as to suggest and necessitate the development of a distinctive Islamic critical realist philosophy, social and educational theory and world-view, specifically (...)
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  31.  23
    Changes in Global and Regional Modularity Associated with Increasing Working Memory Load.Matthew L. Stanley, Dale Dagenbach, Robert G. Lyday, Jonathan H. Burdette & Paul J. Laurienti - 2014 - Frontiers in Human Neuroscience 8.
  32. The Good Life in the Scientific Revolution: Descartes, Pascal, Leibniz and the Cultivation of Virtue.Matthew L. Jones - 2006 - University of Chicago Press.
    Amid the unrest, dislocation, and uncertainty of seventeenth-century Europe, readers seeking consolation and assurance turned to philosophical and scientific books that offered ways of conquering fears and training the mind—guidance for living a good life. _The Good Life in the Scientific Revolution_ presents a triptych showing how three key early modern scientists, René Descartes, Blaise Pascal, and Gottfried Leibniz, envisioned their new work as useful for cultivating virtue and for pursuing a good life. Their scientific and philosophical innovations stemmed in (...)
     
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  33.  50
    The Law of the Jungle: Moral Alternatives and Principles of Evolution: J. L. Mackie.J. L. Mackie - 1978 - Philosophy 53 (206):455-464.
    When people speak of ‘the law of the jungle’, they usually mean unions restrained and ruthless competition, with everyone out solely for his own advantage. But the phrase was coined by Rudyard Kipling, in The Second Jungle Book , and he meant something very different. His law of the jungle is a law that wolves in a pack are supposed to obey. His poem says that ‘the strength of the Pack is the Wolf, and the strength of the Wolf is (...)
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  34. I'm Not the Person I Used to Be: The Self and Autobiographical Memories of Immoral Actions.Matthew L. Stanley, Paul Henne, V. Iyengar, Walter Sinnott-Armstrong & Felipe De Brigard - 2017 - Journal of Experimental Psychology. General 146 (6).
    People maintain a positive identity in at least two ways: They evaluate themselves more favorably than other people, and they judge themselves to be better now than they were in the past. Both strategies rely on autobiographical memories. The authors investigate the role of autobiographical memories of lying and emotional harm in maintaining a positive identity. For memories of lying to or emotionally harming others, participants judge their own actions as less morally wrong and less negative than those in which (...)
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  35.  82
    Trust and Fiduciary Law.Matthew Harding - 2013 - Oxford Journal of Legal Studies 33 (1):81-102.
    How can it be that the fiduciary relationship has trust at its core if trust is neither a necessary nor a sufficient condition for the existence of such a relationship? My aim in this article is to make some arguments that I think might assist in solving that puzzle. First, I argue that fiduciary relationships are likely to be characterized by relatively ‘thick’ interpersonal trust. Secondly, I argue that moral duties referring to trust play a role in the justification of (...)
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  36. Law, Morality, and Society: Essays in Honour of H. L. A. Hart.P. M. S. Hacker & Joseph Raz (eds.) - 1977 - Oxford University Press.
    Law, Morality and Society Essays in Honour of H.L.A Hart.
     
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  37.  9
    The Good Life in the Scientific Revolution: Descartes, Pascal, Leibniz and the Cultivation of Virtue.Matthew L. Jones - 2006 - University of Chicago Press.
    The Good Life in the Scientific Revolution presents a triptych showing how three key early modern scientists, René Descartes, Blaise Pascal, and Gottfried ...
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  38.  53
    Is Law’s Conventionality Consistent with Law’s Objectivity?Matthew H. Kramer - 2008 - Res Publica 14 (4):241-252.
    Legal positivism’s multi-faceted insistence on the separability of law and morality includes an insistence on the thoroughly conventional status of legal norms as legal norms. Yet the positivist affirmation of the conventionality of law may initially seem at odds with the mind-independence of the existence and contents and implications of legal norms. Mind-independence, a central aspect of legal objectivity, has been seen by some theorists as incompatible with the mind-dependence of conventions. Such a perception of incompatibility has led some anti-positivist (...)
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  39. On the Separability of Law and Morality.Matthew Kramer - 2004 - Canadian Journal of Law and Jurisprudence 17 (2):315-335.
    If there is one doctrine distinctively associated with legal positivism, it is the separability of law and morality. Both in opposition to classical natural-law thinkers and in response to more recent theorists such as Ronald Dworkin and Lon Fuller, positivists have endeavored to impugn any number of ostensibly necessary connections between the legal domain and the moral domain. Such is the prevailing view of legal positivism among people familiar with jurisprudence. During the past couple of decades, however, that prevailing view (...)
     
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  40.  2
    Analysis of Official Deceased Organ Donation Data Casts Doubt on the Credibility of China’s Organ Transplant Reform.Matthew P. Robertson, Raymond L. Hinde & Jacob Lavee - 2019 - BMC Medical Ethics 20 (1):1-20.
    Background Since 2010 the People’s Republic of China has been engaged in an effort to reform its system of organ transplantation by developing a voluntary organ donation and allocation infrastructure. This has required a shift in the procurement of organs sourced from China’s prison and security apparatus to hospital-based voluntary donors declared dead by neurological and/or circulatory criteria. Chinese officials announced that from January 1, 2015, hospital-based donors would be the sole source of organs. This paper examines the availability, transparency, (...)
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  41.  30
    Research Portfolio Analysis in Science Policy: Moving From Financial Returns to Societal Benefits.Matthew L. Wallace & Ismael Rafols - 2015 - Minerva 53 (2):89-115.
    Funding agencies and large public scientific institutions are increasingly using the term “research portfolio” as a means of characterizing their research. While portfolios have long been used as a heuristic for managing corporate R&D, they remain ill-defined in a science policy context where research is aimed at achieving societal outcomes. In this article we analyze the discursive uses of the term “research portfolio” and propose some general considerations for their application in science policy. We explore the use of the term (...)
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  42.  56
    The Legitimating Role of Consent in International Law.Matthew Lister - 2011 - Chicago Journal of International Law 11 (2).
    According to many traditional accounts, one important difference between international and domestic law is that international law depends on the consent of the relevant parties (states) in a way that domestic law does not. In recent years this traditional account has been attacked both by philosophers such as Allen Buchanan and by lawyers and legal scholars working on international law. It is now safe to say that the view that consent plays an important foundational role in international law is a (...)
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  43.  29
    Ethical Challenges Arising in the COVID-19 Pandemic: An Overview From the Association of Bioethics Program Directors (ABPD) Task Force.Amy L. McGuire, Mark P. Aulisio, F. Daniel Davis, Cheryl Erwin, Thomas D. Harter, Reshma Jagsi, Robert Klitzman, Robert Macauley, Eric Racine, Susan M. Wolf, Matthew Wynia & Paul Root Wolpe - 2020 - American Journal of Bioethics 20 (7):15-27.
    The COVID-19 pandemic has raised a host of ethical challenges, but key among these has been the possibility that health care systems might need to ration scarce critical care resources. Rationing p...
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  44. The Monoamine Oxidase A (MAOA) Genetic Predisposition to Impulsive Violence: Is It Relevant to Criminal Trials?Matthew L. Baum - 2013 - Neuroethics 6 (2):287-306.
    In Italy, a judge reduced the sentence of a defendant by 1 year in response to evidence for a genetic predisposition to violence. The best characterized of these genetic differences, those in the monoamine oxidase A (MAOA), were cited as especially relevant. Several months previously in the USA, MAOA data contributed to a jury reducing charges from 1st degree murder (a capital offence) to voluntary manslaughter. Is there a rational basis for this type of use of MAOA evidence in criminal (...)
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  45.  57
    A Law of Comparative Judgment.L. L. Thurstone - 1927 - Psychological Review 34 (4):273-286.
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  46.  58
    Letting Structure Emerge: Connectionist and Dynamical Systems Approaches to Cognition.James L. McClelland, Matthew M. Botvinick, David C. Noelle, David C. Plaut, Timothy T. Rogers, Mark S. Seidenberg & Linda B. Smith - 2010 - Trends in Cognitive Sciences 14 (8):348-356.
  47. HART, H. L. A. - "Law, Liberty and Morality". [REVIEW]D. D. Raphael - 1966 - Mind 75:607.
     
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  48.  51
    A Patient and Relative Centred Evaluation of Treatment Escalation Plans: A Replacement for the Do-Not-Resuscitate Process.L. Obolensky, T. Clark, G. Matthew & M. Mercer - 2010 - Journal of Medical Ethics 36 (9):518-520.
    The Treatment Escalation Plan (TEP) was introduced into our trust in an attempt to improve patient involvement and experience of their treatment in hospital and to embrace and clarify a wider remit of treatment options than the Do Not Resuscitate (DNR) order currently offers. Our experience suggests that the patient and family are rarely engaged in DNR discussions. This is acutely relevant considering that the Mental Capacity Act (MCA) now obliges these discussions to take place. The TEP is a form (...)
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  49.  2
    “If Only My Coworker Was More Ethical”: When Ethical and Performance Comparisons Lead to Negative Emotions, Social Undermining, and Ostracism.Matthew J. Quade, Rebecca L. Greenbaum & Mary B. Mawritz - 2019 - Journal of Business Ethics 159 (2):567-586.
    Drawing on social comparison theory, we investigate employees’ ethical and performance comparisons relative to a similar coworker and subsequent emotional and behavioral responses. We test our theoretically driven hypotheses across two studies. Study 1, a cross-sectional field study, reveals that employees who perceive they are more ethical than their coworkers experience negative emotions toward the comparison coworkers and those feelings are even stronger when the employees perceive they are lower performers than their coworkers. Results also reveal that negative emotions mediate (...)
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  50.  40
    Writing and Sentiment: Blaise Pascal, the Vacuum, and the Pensées.Matthew L. Jones - 2001 - Studies in History and Philosophy of Science Part A 32 (1):139-181.
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