Results for 'decentering'

982 found
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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.  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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  3.  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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  4.  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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  5. 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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  6.  34
    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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  7. 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.
  8.  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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  9.  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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  10.  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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  11.  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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  12.  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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  13.  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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  14.  88
    Decent Democratic Centralism.Stephen C. Angle - 2005 - Political Theory 33 (4):518-546.
    Are there any coherent and defensible alternatives to liberal democracy? The author examines the possibility that a reformed democratic centralism-the principle around which China's current polity is officially organized-might be legitimate, according to both an inside and an outside perspective. The inside perspective builds on contemporary Chinese political theory; the outside perspective critically deploys Rawls's notion ofa "decent society " as its standard. Along the way, the author pays particular attention to the kinds and degree of pluralism a decent society (...)
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  15.  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. It provides (...)
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  16.  16
    Decentering and attention.Victor Lange - forthcoming - Philosophical Psychology.
    Clinical psychologists describe decentering as the mental operation in which a subject “moves out” of immersion in a mental state. Such decentering is philosophically puzzling. It involves that a subject attends to her mental state to distance herself from it. That is, she attends to the state to make it less determining of her processing. This paper provides a philosophical explanation of the nature of decentering. It analyses decentering as a complex mental operation composed of two (...)
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  17.  27
    Decent People.Norman S. Care - 2000 - Rowman & Littlefield Publishers.
    In Decent People, Norman Care explores how we may understand and be reconciled to the fragility of our moral nature. In his highly original vision of what it means to be a decent person, Care claims that our moral-emotional nature pressures us to seek relief from moralized pain - pain that comes from our awareness of our own wrongdoing, the suffering of current or future people, and our experience of indifference to moral imperatives. Care argues that decent people are neither (...)
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  18.  87
    A Decent Minimum for Everyone as a Sufficiency of Basic Human Functional Capabilities.Efrat Ram-Tiktin - 2011 - American Journal of Bioethics 11 (7):24 - 25.
    The American Journal of Bioethics, Volume 11, Issue 7, Page 24-25, July 2011.
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  19.  12
    Decent Work in the South African Macroeconomy: Who are The Winners and Losers?Odile Mackett - 2022 - Humanistic Management Journal 7 (2):277-305.
    Concerns related to the future of work has precipitated various studies aimed at ensuring that the labour market is a place where people can earn a living, work in dignity, and flourish as human beings. Studies on labour market inequalities and how macroeconomic policies can be used to address such inequalities are also plentiful. What macroeconomic studies have often failed to do, however, is highlight the differences _between_ individuals in the labour market. This is important, especially in an economy with (...)
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  20.  4
    Linking Decent Work and Well-Being Among Chinese Millennial Employees: A Psychology of Working Perspective.Wei Wan & Tingting Cao - 2022 - Frontiers in Psychology 13.
    Drawing from the psychology of working theory, this study aims to understand how decent work is related to employee well-being. Specifically, it explored the role of need satisfaction in the relationship between decent work and employee well-being, and compared the mediating effects of the three types of need satisfaction. After collecting a sample of 421 millennial employees in China through online questionnaires, the study conducted the analysis of the data and found that decent work positively predicted well-being of millennial employees. (...)
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  21. Temporal decentering and the development of temporal concepts.Teresa McCormack & Christoph Hoerl - 2008 - In P. Indefrey & M. Gullberg (eds.), Time to Speak. Cognitive and Neural Prerequisites of Time in Language. Blackwell. pp. 89-113.
    This article reviews some recent research on the development of temporal cognition, with reference to Weist's (1989) account of the development of temporal understanding. Weist's distinction between two levels of temporal decentering is discussed, and empirical studies that may be interpreted as measuring temporal decentering are described. We argue that if temporal decentering is defined simply in terms of the coordination of the temporal locations of three events, it may fail to fully capture the properties of mature (...)
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  22. Decentering the Center: Philosophy for a Multicultural, Postcolonial, and Feminist World.Uma Narayan & Sandra Harding (eds.) - 2000 - Indiana University Press.
    The essays in this volume bring to their focuses on philosophical issues the new angles of vision created by the multicultural, global, and postcolonial feminisms that have been developing around us.
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  23. The Decent Society.Avishai Margalit - 1996 - Ethics 107 (4):729-731.
     
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  24. The Decent Society.Avishai Margalit & Naomi Goldblum - 2001 - Mind 110 (437):229-232.
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  25.  73
    Decentering sociology: Synthetic dyes and social theory.Andrew Pickering - 2005 - Perspectives on Science 13 (3):352-405.
    : This essay addresses the difficulties that sociology as a discipline continues to experience in grasping the relations between technology, science and the social. I argue that these difficulties stem from a resolute centering of sociology on the social, which follows a generically Durkheimian blueprint. I elaborate a response to these difficulties which derives from recent lines of work in science and technology studies, and which entails a decentering of the social relative to the material and the conceptual, in (...)
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  26.  7
    Decent care and decent employment: family caregivers, migrant care workers and moral dilemmas.Daniella Arieli & Dalit Yassour-Borochowitz - 2024 - Ethics and Behavior 34 (5):314-326.
    This paper examines moral dilemmas faced by family caregivers of older adults who employ live-in migrant care workers. Being both a family caregiver as well as an employer of a live-in migrant care worker often puts family members at a crossroad, where moral decisions must be made. Lacking a formal role, family members do not have a professional code of ethics or other clear rules that can guide their actions, and their choices are rooted in cultural, community, familial, and personal (...)
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  27.  40
    Recognizing Decentered Intersubjectivity in Social Experience.Jordan McKenzie - 2015 - Emotion Review 7 (1):73-78.
    This article will argue that a decentering process occurs in the intersubjective connections between individuals, and that through the acknowledgement of this process researchers can better understand the potential for distortions to occur in the development of self-understanding. The concept of decentered intersubjectivity discussed in this article is the result of prior research on happiness and contentment, yet a range of emotions such as trust, guilt, shame, and disappointment could also be considered. In each case, the concept of a (...)
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  28.  11
    Decentering our analytical position: The dialogicity of things.François Cooren & Letizia Caronia - 2014 - Discourse and Communication 8 (1):41-61.
    Analyses of embodied interaction still appear to explicitly or implicitly defend a human-centered approach to language and body in the material world. In this article, we propose to decenter our analytical position by acknowledging what artifacts, tools and architectural elements contribute to human activities and practices. Starting from a ‘ventriloqual’ perspective on communication, we demonstrate that the accountable character of people’s activities presupposes a form of material agency that tends to be neglected in our analyses. Far from neglecting human beings’ (...)
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  29.  48
    How 'Decent' Is a Decent Minimum of Health Care?R. T. Meulen - 2011 - Journal of Medicine and Philosophy 36 (6):612-623.
    This article tries to analyze the meaning of a decent minimum of health care, by confronting the idea of decent care with the concept of justice. Following the ideas of Margalith about a decent society, the article argues that a just minimum of care is not necessarily a decent minimum. The way this minimum is provided can still humiliate individuals, even if the end result is the best possible distribution of the goods as seen from the viewpoint of justice. This (...)
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  30.  22
    Decent Society: Utopian Horizon or 'the Way Is the Goal'.Norbert Ebert - 2010 - Thesis Eleven 101 (1):72-80.
    This article explores whether the notion of the decent society as a normative concept is applicable under late modern conditions of normative pluralization and individualization. My argument is that the strength of the concept does not primarily lie in its descriptive value. It is rather a ‘utopian horizon’ against which aspects of societies can be analysed. This analytical value can tell us something about the state of various facets of social life. Having to cope with pluralization, individuals are increasingly required (...)
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  31.  28
    Decentered ethics in the machine era and guidance for AI regulation.Christian Hugo Hoffmann & Benjamin Hahn - 2020 - AI and Society 35 (3):635-644.
    Recent advancements in AI have prompted a large number of AI ethics guidelines published by governments and nonprofits. While many of these papers propose concrete or seemingly applicable ideas, few philosophically sound proposals are made. In particular, we observe that the line of questioning has often not been examined critically and underlying conceptual problems not always dealt with at the root. In this paper, we investigate the nature of ethical AI systems and what their moral status might be by first (...)
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  32.  32
    From Decent Work to Decent Lives: Positive Self and Relational Management in the Twenty-First Century.Annamaria Di Fabio & Maureen E. Kenny - 2016 - Frontiers in Psychology 7.
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  33. Decentering Europe in the Thinking of Evil.Imge Oranli - 2021 - Philosophy World Democracy.
    This essay suggests that Continental Studies of Evil need a more global approach in thinking about political evils of today. Highlighting the need for a more comparative and global perspective, I explore two proposals: first, the in-between space of the geographical binaries of East/West and Global South/Global North cultivates many political evils. Second, taking issue with the conviction in Continental philosophy that the Holocaust caused a rupture in the thinking of evil, I argue for the continuity of evils and characterize (...)
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  34.  9
    Decentering Humanism in Philosophy and the Sciences: Ecologies of Agency, Subversive Animism, and Diffractional Knowledge.Kocku von Stuckrad - 2023 - Sophia 62 (4):709-722.
    The idea that humans are clearly distinguished from other animals and from the natural world in general is a cornerstone of European philosophy and culture at least from the sixteenth century onward. Often, this idea is related to understandings of ‘humanism’ that emerged in that period and legitimized regimes of power and control over non-European cultures; it also sanctioned the exploitation of the natural world in the form of extractive capitalism. Critiques of Eurocentric mindsets hinge on certain understandings of ‘humanism,’ (...)
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  35.  14
    Decentering Rushdie: Cosmopolitanism and the Indian Novel in English, Pranav Jani, Columbus: Ohio State University Press, 2010.Paul Stasi - 2012 - Historical Materialism 20 (1):232-243.
    Decentering Rushdie argues that postcolonial studies has consistently underestimated the investment of the English-language Indian novel in the nation by focusing on a handful of texts that conform to Western assumptions about the bankruptcy of the postcolonial nation-state. Taking Salman Rushdie’s work as the sign of a presumed homology between postcolonialism and a postmodern distrust of totality, Jani demonstrates that his novels are hardly representative of the range of Indian writing in English. Instead, in a series of expert readings (...)
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  36.  26
    Decentering the Brain: Embodied Cognition and the Critique of Neurocentrism and Narrow-Minded Philosophy of Mind.Shaun Gallagher - 2018 - Constructivist Foundations 14 (1):8-21.
    Context: Challenges by embodied, enactive, extended and ecological approaches to cognition have provided good reasons to shift away from neurocentric theories. Problem: Classic cognitivist accounts tend towards internalism, representationalism and methodological individualism. Such accounts not only picture the brain as the central and almost exclusive mechanism of cognition, they also conceive of brain function in terms that ignore the dynamical relations among brain, body and environment. Method: I review four areas of research where enactivist accounts have shown alternative ways of (...)
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  37.  20
    Decent Termination in advance.Tae Wan Kim - 2014 - Business Ethics Quarterly 24 (2):203-227.
    People are often involuntarily laid off from their jobs through no fault of their own. Employees who are dismissed in this manner cannot always legitimately hold employers accountable for these miserable situations because the decision to implement layoffs is often the best possible outcome given the context—that is, layoffs in and of themselves may be “necessary evils.” Yet, even in circumstances in which layoffs qualify as “necessary evils,” morality demands that employers respect the dignity of those whose employment is involuntarily (...)
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  38.  33
    1. decentering history: Local stories and cultural crossings in a global world.Natalie Zemon Davis - 2011 - History and Theory 50 (2):188-202.
    This essay was first presented at the 2010 Ludwig Holberg Prize Symposium in Bergen, Norway, where I, as the prize recipient, was asked to describe my work and its import for our period of globalization. The essay first traces the interconnected processes of “decentering” history in Western historiography in the half century after World War II: the move to working people and “subaltern classes”; to women and gender; to communities defined by ethnicity and race; to the study of non-Western (...)
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  39.  14
    How 'Decent'Is a Decent Minimum of Health Care?Ruud Ter Meulen - 2011 - Journal of Medicine and Philosophy 36 (6):612-623.
    This article tries to analyze the meaning of a decent minimum of health care, by confronting the idea of decent care with the concept of justice. Following the ideas of Margalith about a decent society, the article argues that a just minimum of care is not necessarily a decent minimum. The way this minimum is provided can still humiliate individuals, even if the end result is the best possible distribution of the goods as seen from the viewpoint of justice. This (...)
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  40.  22
    Decent Work: A Psychological Perspective.David L. Blustein, Chad Olle, Alice Connors-Kellgren & A. J. Diamonti - 2016 - Frontiers in Psychology 7.
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  41.  6
    ‘Decent girls with good hair’: Beauty, morality and race in Venezuela.Elizabeth Gackstetter Nichols - 2013 - Feminist Theory 14 (2):171-185.
    This article describes the use of idealised women's bodies as avatars of national identity and morality in early twentieth century Venezuela, as evidenced in works of classic literature from the period 1929–1949. Referencing two of Venezuela's most prominent authors, Teresa de la Parra and Antonia Palacios, the article describes how young girls in Venezuela in the first half of the twentieth century were enculturated to pursue ‘white’ ideals of beauty perceived as morally superior. Using the examples of Parra's semi-autobiographical novel (...)
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  42.  35
    Decent Society and/or Civil Society?Maria Markus - 2001 - Social Research: An International Quarterly 68.
  43.  33
    Decentered Stakeholder Theory: Toward a Research Agenda.Dominic Kaeslin, Ruth Schmitt & Jerry Calton - 2007 - Proceedings of the International Association for Business and Society 18:448-452.
    In this workshop, a decentered approach to stakeholder theory is proposed, where a shared network problem, rather than a firm, frames stakeholder interactions. Two case studies are presented to illustrate the potential usefulness of adopting a decentered perspective on firm-stakeholder relations. Multi-stakeholder learning dialogues and actor-network theory are introduced as examples of possible theoretical frameworks that allow the adoption of a decentered perspective.
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  44.  10
    Decentering Whiteness in Feminist Bioethics: Assisted Reproductive Technologies as an Illustrative Case.Karey A. Harwood - 2018 - In Lisa Campo-Engelstein & Paul Burcher (eds.), Reproductive Ethics Ii: New Ideas and Innovations. Springer Verlag. pp. 99-112.
    In 1999, Susan Wolf diagnosed what was missing in bioethics: “an analysis that places race, ethnicity, and gender at the center.” Since then, not enough progress has been made in “decentering” whiteness in bioethics. The use of assisted reproductive technologies in the United States, and the bioethical discussion surrounding it, provides a window into the problem. Recent surveys of ART usage show racial disparities in access to ART and treatment outcomes. A personal testimony about egg freezing suggests a perceptual (...)
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  45.  16
    3. decentered identities: The case of the romantics.Bonnie G. Smith - 2011 - History and Theory 50 (2):210-219.
    Natalie Zemon Davis’s work has decentered the identities of her subjects as part of seeing their complexity. This essay, inspired by Davis’s rich thought and scholarship, looks at the ways in which the Romantics in the arts decentered their thought and practices away from the West. Their decentering involved serious study of non-Western thought and its incorporation into their art, and the regular use of opium to shape their creative works. One borrowed theme was transcendence to a higher mode (...)
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  46.  18
    Decentered thought and consequentialist decision making.Keith E. Stanovich - 1996 - Behavioral and Brain Sciences 19 (2):323-324.
    Near the end of his target article, Baron argues that we need to address the question of how to conduct education in consequentialist decision making. However, recent trends in education have deemphasized and denigrated decentered and decontextualized thought. It is argued here that perspective decentering and decontextualized thinking are absolutely essential to the development of consequentialist reasoning.
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  47. Tolerating decent societies : a defense of the law of peoples.Jon Mandle - 2020 - In Sarah Roberts-Cady & Jon Mandle (eds.), John Rawls: Debating the Major Questions. New York, NY: Oup Usa.
     
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  48.  5
    The Decentered Subject and the Promethean Shame in De Synthèse by Karoline Georges (2017).Greta Lansen - 2023 - Iris 43.
    De Synthèse breaks with the concept of the organic body as a producer of meaning. By dividing identity and opening it up to the transcendent, the novel challenges the fundamental Cartesian distinction between a singular body and a soul. Using everything in her power, the protagonist-narrator aspires to complete liberation from her organic body. For the protagonist, blood and flesh gradually become more abstract than the virtual augmented bodies she creates for herself. Instead of defining her individuality through her organic (...)
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  49.  50
    A Decentered Theory of Governance.Mark Bevir - 2002 - Journal des Economistes Et des Etudes Humaines 12 (4).
    There are two leading narratives of governance. One is a neoliberal one about markets that is inspired by rational choice. The other is a story about networks associated with institutionalism in political science. This paper argues that both rational choice and institutionalism rely on assumptions about our ability to readoff people’s beliefs from objective social facts about them, and yet that these assumptions are untenable given the philosophical critique of positivism. Hence, we need to modify our leading theories and narratives (...)
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  50.  31
    Towards Decent Society: the Demands of Justice and the Demands of Civility.Claudia Tazreiter - 2010 - Thesis Eleven 101 (1):97-105.
    This essay outlines an argument for fostering the conditions for civil society to emerge in conflict or post-conflict situations. Only where a ‘civil’ society and ‘decent’ society exist together can democratic engagement flourish in the long term. The essay explores the possibilities for decency in social and political conduct where conflict and rupture have been the norm. In establishing decency in social relations and in institutions, trust must be generated where distrust has prevailed as a result of the recent past (...)
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