Results for 'precedent'

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  1.  31
    Similarity, Precedent and Argument From Analogy.Douglas Walton - 2010 - Artificial Intelligence and Law 18 (3):217-246.
    In this paper, it is shown (1) that there are two schemes for argument from analogy that seem to be competitors but are not, (2) how one of them is based on a distinctive type of similarity premise, (3) how to analyze the notion of similarity using story schemes illustrated by some cases, (4) how arguments from precedent are based on arguments from analogy, and in many instances arguments from classification, and (5) that when similarity is defined by means (...)
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  2.  4
    Beyond Precedent Autonomy and Current Preferences: A Narrative Perspective on Advance Directives in Dementia Care.Guy Widdershoven, Rien Janssens & Yolande Voskes - 2020 - American Journal of Bioethics 20 (8):104-106.
    Volume 20, Issue 8, August 2020, Page 104-106.
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  3.  86
    Precedent Autonomy and Subsequent Consent.John K. Davis - 2004 - Ethical Theory and Moral Practice 7 (3):267-291.
    Honoring a living will typically involves treating an incompetent patient in accord with preferences she once had, but whose objects she can no longer understand. How do we respect her precedent autonomy by giving her what she used to want? There is a similar problem with subsequent consent: How can we justify interfering with someone''s autonomy on the grounds that she will later consent to the interference, if she refuses now?Both problems arise on the assumption that, to respect someone''s (...)
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  4.  44
    Should We Respect Precedent Autonomy in Life-Sustaining Treatment Decisions?Julian C. Sheather - 2013 - Journal of Medical Ethics 39 (9):547-550.
    The recent judgement in the case of Re:M in which the Court held that it would be unlawful to withdraw artificial nutrition and hydration from a woman in a minimally conscious state raises a number of ethical issues of wide application. Central to these is the extent to which precedent autonomous decisions should be respected in the absence of a legally binding advance decision. Well-being interests can survive the loss of many of the psychological faculties that support personhood. A (...)
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  5. Precedent Autonomy and Personal Identity.Michael Quante - 1999 - Kennedy Institute of Ethics Journal 9 (4):365-381.
    : Debates on precedent autonomy and some forms of paternalistic interventions, which are related to questions of personal identity, are analyzed. The discussion is based on the distinction between personal identity as persistence and as biographical identity. It first is shown that categorical objections to advance directives and "Ulysses contracts" are based on false assumptions about personal identity that conflate persistence and biographical identity. Therefore, advance directives and "Ulysses contracts" are ethically acceptable tools for prolonging one's autonomy. The notions (...)
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  6.  31
    Reasoning by Precedent—Between Rules and Analogies.Katharina Stevens - 2018 - Legal Theory 24 (3):216-254.
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  7.  55
    A Theory of Precedent: From Analytical Positivism to a Post-Analytical Philosophy of Law.Raimo Siltala - 2000 - Hart.
    Analytical jurisprudence has been mostly silent on the role of precedent in legal adjudication.
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  8.  10
    California's Proposition 69: A Dangerous Precedent for Criminal DNA Databases.Tania Simoncelli & Barry Steinhardt - 2005 - Journal of Law, Medicine and Ethics 33 (2):279-293.
    On November 2, 2004, California voters elected to radically expand their state criminal DNA database through the passage of Proposition 69. The approved ballot initiative authorized DNA collection and retention from all felons, any individuals with past felony convictions – including juveniles – and, beginning in 2009, all adults arrested for any felony offense. This dramatic database expansion threatens civil liberties and establishes a dangerous precedent for U.S. criminal databases.
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  9.  16
    Representing Dimensions Within the Reason Model of Precedent.Adam Rigoni - 2018 - Artificial Intelligence and Law 26 (1):1-22.
    This paper gives an account of dimensions in the reason model found in Horty : 1–33, 2011), Horty and Bench-Capon and Rigoni :133–160, 2015. doi: 10.1007/s10506-015-9166-x). The account is constructed with the purpose of rectifying problems with the approach to incorporating dimensions in Horty, namely, the problems arising from the collapse of the distinction between the reason model and the result model on that approach. Examination of the newly constructed theory revealed that the importance of dimensions in the reason model (...)
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  10.  56
    Precedent, Deontic Logic, and Inheritance.John F. Horty - unknown
    The purpose of this paper is to e»tahlish some connections between precedent-based reasoning as it is studied in the field of Artificial Intelligence and Law, particularly in the work of Ashley, and two other fields: deontic logic and nonmonotonic logic. First, a deontic logic is described that allows lor sensible reasoning in the presence of conflicting norms. Second, a simplified version of Ashley's account of precedent-based reasoning is reformulated within the framework of this deontic logic. Finally, some ideas (...)
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  11.  37
    Precedent Autonomy: Life-Sustaining Intervention and the Demented Patient.Michael J. Newton - 1999 - Cambridge Quarterly of Healthcare Ethics 8 (2):189-199.
    How aggressively should we pursue life-sustaining treatment of the demented patient? This question becomes increasingly important as our population ages and medical technology offers ever more life-prolongation. In Life'sDominion, Ronald Dworkin addresses the issue in the context of an Alzheimer patient who had previously declared the desire to avoid life-sustaining intervention. Dworkin argues for the primacy of what he calls precedent autonomy: In 1995, the HastingsCenterReport carried thoughtful rebuttals by Daniel Callahan and Rebecca Dresser. Much of Callahan's article is (...)
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  12. The Result Model of Precedent.John F. Horty - 2004 - Legal Theory 10 (1):19-31.
    The result model of precedent holds that a legal precedent controls a fortiori cases—those cases, that is, that are at least as strong for the winning side of the precedent as the precedent case itself. This paper defends the result model against some objections by Larry Alexander, drawing on ideas from the field of Artificial Intelligence and Law in order to define an appropriate strength ordering for cases.
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  13.  14
    California's Proposition 69: A Dangerous Precedent for Criminal DNA Databases.Tania Simoncelli & Barry Steinhardt - 2005 - Journal of Law, Medicine and Ethics 33 (2):279-293.
  14.  20
    Unethical Perinatal HIV Transmission Trials Establish Bad Precedent.Udo Schüklenk - 1998 - Bioethics 12 (4):312-319.
  15. Precedent Autonomy, Advance Directives, and End-of-Life Care.John Davis - 2007 - In Bonnie Steinbock (ed.), The Oxford Handbook of Bioethics. Oxford University Press.
    Bioethicists are widely agreed that patients have a right of self-determination over how they are treated. Our duty to respect this is said to be based on the principle of respect for autonomy. In end-of-life care the patient may be incompetent and unable to exercise that right. One solution is to exercise it in advance. Advance directives, which include living wills and powers of attorney for health care, enable people to decide what medical treatment they will receive later, when they (...)
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  16.  85
    Precedent and Analogy in Legal Reasoning.Grant Lamond - 2008 - Stanford Encyclopedia of Philosophy.
  17.  80
    Reasons and Precedent.John Horty - unknown
    This paper describes one way in which a precise reason model of precedent could be developed, based on Grant Lamond’s general idea that a later court is constrained to reach a decision that is consistent an earlier court’s assessment of the balance of reasons. The account provided here has the additional advantage of showing how this reason model can be reconciled with the traditional idea that precedential constraint involves rules, as long as these rules are taken to be defeasible.
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  18.  2
    Unethical Perinatal HIV Transmission Trials Establish Bad Precedent.Udo SchÜklenk - 1998 - Bioethics 12 (4):312-319.
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  19.  27
    The Meaning of a Precedent.Barbara Baum Levenbook - 2000 - Legal Theory 6 (2):185-240.
    A familiar jurisprudential view is that a judicial decision functions as a legal precedent by laying down a rule and that the content of this rule is set by officials. Precedents can be followed only by acting in accordance with this rule. This view is mistaken on all counts. A judicial decision functions as a precedent by being an example. At its best, it is an example both for officials and for a target population. Even precedents outside of (...)
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  20.  54
    Precedent.Grant Lamond - 2007 - Philosophy Compass 2 (5):699–711.
  21. A Response-Dependent Theory of Precedent.Ivo Entchev - 2011 - Law and Philosophy 30 (3):273-290.
    Doctrinally, a precedent is a case of the same or higher court that furnishes an authoritative rule for the determination of the case at hand, either because the facts are alike, or, if the facts are different, because the principle that governed the first case is applicable to the different facts. In this article I try to free precedent form the dominant doctrinal view by offering a more intuitive conception: that to be precedent means to be treated (...)
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  22.  10
    Precedent Autonomy Should Be Respected in Life-Sustaining Treatment Decisions.Allison Leslie Hebron & Summer McGee - 2014 - Journal of Medical Ethics 40 (10):714-716.
  23.  98
    Rules and Reasons in the Theory of Precedent.John F. Horty - 2011 - Legal Theory 17 (1):1-33.
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  24.  36
    Holdings About Holdings: Modeling Contradictions in Judicial Precedent[REVIEW]Matthew Carey - 2013 - Artificial Intelligence and Law 21 (3):341-365.
    This paper attempts to formalize the differences between two methods of analysis used by judicial opinions in common law jurisdictions to contradict holdings posited by earlier opinions: “disagreeing” with the holdings of the earlier opinions and “attributing” holdings to the prior opinions. The paper will demonstrate that it is necessary to model both methods of analysis differently to generate an accurate picture of the state of legal authority in hypothetical examples, as well as in an example based on Barry Friedman’s (...)
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  25.  6
    The Ebola clinical trials: a precedent for research ethics in disasters.P. Calain - 2017 - Journal of Medical Ethics Recent Issues 44 (1):3-8.
    The West African Ebola epidemic has set in motion a collective endeavour to conduct accelerated clinical trials, testing unproven but potentially lifesaving interventions in the course of a major public health crisis. This unprecedented effort was supported by the recommendations of an ad hoc ethics panel convened in August 2014 by the WHO. By considering why and on what conditions the exceptional circumstances of the Ebola epidemic justified the use of unproven interventions, the panel's recommendations have challenged conventional thinking about (...)
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  26.  8
    The Saikewicz Precedent: What's Good For an Incompetent Patient?Paul Ramsey - 1978 - Hastings Center Report 8 (6):36-42.
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  27.  29
    John Dewey’s Social Aesthetics as a Precedent for Environmental Thought.William Chaloupka - 1987 - Environmental Ethics 9 (3):243-260.
    In this essay I review John Dewey’s pragmatism from the perspective of environmental social theory. Dewey’s clarification of aesthetics, values, experience, and the natural world are useful to contemporary environmentalism. His work represents a precedent for critical, anti-dualistic social philosophy in the U. S., and usefully clarifies the relationship of humans to the “material world.” Dewey’s conception ofvalues, politics, and experience suggests that these elements may be combined in ways congenial to environmental thought.
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  28.  11
    The Ebola Clinical Trials: A Precedent for Research Ethics in Disasters.Philippe Calain - 2018 - Journal of Medical Ethics 44 (1):3-8.
    The West African Ebola epidemic has set in motion a collective endeavour to conduct accelerated clinical trials, testing unproven but potentially lifesaving interventions in the course of a major public health crisis. This unprecedented effort was supported by the recommendations of an ad hoc ethics panel convened in August 2014 by the WHO. By considering why and on what conditions the exceptional circumstances of the Ebola epidemic justified the use of unproven interventions, the panel's recommendations have challenged conventional thinking about (...)
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  29.  23
    The Concept of Precedent Autonomy.John K. Davies - 2002 - Bioethics 16 (2):114–133.
  30.  22
    Coherence, Hypothetical Cases, and Precedent.S. L. Hurley - 2006 - In Scott Hershovitz (ed.), Exploring Law's Empire: The Jurisprudence of Ronald Dworkin. Oxford University Press. pp. 221-251.
  31.  14
    Schauer on Precedent in the U.S. Supreme Court.William A. Edmundson - 2007 - Georgia State University Law Review 24 (2):403-13.
    Recent critics of the Roberts Court chide it for its lack of regard for precedent. Fred Schauer faults these critics for erroneously assuming that a rule of stare decisis formerly played a significant role in the Supreme Court's decision-making. In fact, it has long played only a rare and weak role in the Court's work. Nonetheless, according to Schauer, the critics are to be thanked for invigorating a needed debate about the importance of "stability, consistency, settlement, reliance, notice, and (...)
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  32.  66
    Judicial Obligation, Precedent and the Common Law.Stephen R. Perry - 1987 - Oxford Journal of Legal Studies 7 (2):215-257.
  33.  20
    Pre-Emptive Suicide, Precedent Autonomy and Preclinical Alzheimer Disease.Rebecca Dresser - 2014 - Journal of Medical Ethics 40 (8):550-551.
    It's not unusual to hear someone say, ‘I'd rather be dead than have Alzheimer's’. In ‘Alzheimer Disease and Preemptive Suicide’,1 Dena Davis explains why this is a reasonable position. People taking this position will welcome the discovery of biomarkers permitting very early AD diagnosis, Davis suggests, for this will enable more of them to end their lives while they remain motivated and able to do so. At the same time, Davis observes, people would have less reason to resort to the (...)
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  34.  29
    Engineering Codes of Ethics and the Duty to Set a Moral Precedent.Eugene Schlossberger - 2016 - Science and Engineering Ethics 22 (5):1333-1344.
    Each of the major engineering societies has its own code of ethics. Seven “common core” clauses and several code-specific clauses can be identified. The paper articulates objections to and rationales for two clauses that raise controversy: do engineers have a duty to provide pro bono services and/or speak out on major issues, and to associate only with reputable individuals and organizations? This latter “association clause” can be justified by the “proclamative principle,” an alternative to Kant’s universalizability requirement. At the heart (...)
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  35.  15
    Political Equality by Precedent.Hilliard Aronovitch - 2015 - Ratio Juris 28 (1):110-126.
    This article asks about the justification for the principle of political equality in the sense of equal entitlement to basic rights. A preliminary portion criticizes standard justifications that refer to a property or properties all human beings share; these fail because they are untrue, irrelevant, or question-begging. The more substantial and constructive portion of the article then argues for a different, indirect mode of justification, based on rebuttals of historical presumptions of inequality and the actual evolution of the idea of (...)
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  36. Un précédent platonicien à l'équivoque de Jean I, 18.Rene Robert - 1990 - Revue Thomiste 90 (4):634-639.
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  37.  2
    Precedent, hellend vlak, gewenning. Ethische strategieen in de omgang met genomics.T. Swierstra, F. W. J. Keulartz & M. J. J. A. A. Korthals - 2005 - Filosofie En Praktijk 26.
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  38.  80
    The Force of Precedent in Legal, Moral, and Empirical Reasoning.Alan H. Goldman - 1987 - Synthese 71 (3):323 - 346.
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  39.  8
    Minnesota News Council: Principles, Precedent, and Moral Authority.Jack Breslin & Erik Forde Ugland - 2000 - Journal of Mass Media Ethics 15 (4):232-247.
    This study addresses the Minnesota News Council's moral authority-that is, its ability to serve as a referent for the ethical or moral choices of others-and how its authority might be affected by perceptions of its legitimacy. After analyzing all of the Council's 125 written determinations, we argue that the Council's legitimacy and authority could be enlarged by clearer statements of ethical principles, explicit expressions of standards of conduct, and more consistent references to past determinations.
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  40.  68
    Equality Before the Law and Precedent.Alfonso Ruiz Miguel - 1997 - Ratio Juris 10 (4):372-391.
  41.  14
    Apostles of Suicide: Theological Precedent for Christian Support of ‘Assisted Dying’.David Albert Jones - 2016 - Studies in Christian Ethics 29 (3):331-338.
    This article examines the claim of Paul Badham that there is theological precedent for ‘a Christian case for assisted dying’. The writings of Rev. William Inge and Joseph Fletcher do indeed advocate forms of assisted dying. However, this precedent is deeply problematic for its ugly attitude towards people with disabilities.
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  42.  11
    California's Proposition 69: A Dangerous Precedent for Criminal DNA Databases.Tania Simoncelli & Barry Steinhardt - 2006 - Journal of Law, Medicine and Ethics 34 (2):199-213.
    On November 2, 2004, California voters elected to radically expand their state criminal DNA database through the passage of Proposition 69. The approved ballot initiative authorized DNA collection and retention from all felons, any individuals with past felony convictions – including juveniles – and, beginning in 2009, all adults arrested for any felony offense. This dramatic database expansion threatens civil liberties and establishes a dangerous precedent for U.S. criminal databases.
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  43.  44
    Formal Justice, Moral Commitment, and Judicial Precedent.David Lyons - 1984 - Journal of Philosophy 81 (10):580-587.
  44.  15
    Formal Justice, Moral Commitment, and Judicial Precedent.David Lyons - 1984 - Journal of Philosophy 81 (10):580.
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  45.  14
    La Grande Dépression Médiévale: XIVe-XVe Siècles. Le Précédent d'Une Crise systémiqueGuy Bois.William Chester Jordan - 2002 - Speculum 77 (3):879-880.
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  46. El cosmopolitisme cínic, un precedent del kantià?Jesús Hernández Reynés - 2004 - Enrahonar 36:101-125.
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  47.  39
    "The Specialist" on the Eichmann Precedent: Morality, Law, and Military Sovereignty.Benjamin Robinson - 2003 - Critical Inquiry 30 (1):63.
  48.  1
    Is a Precedent Being Set?Harold M. Schmeck - 1973 - Hastings Center Report 3 (5):4-4.
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  49.  2
    Recent Trends in English Precedent.Julius Stone - 1946 - Philosophical Review 55:717.
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  50.  19
    Yogācāra Substrata? Precedent Frames for Yogācāra Thought Among Third-Century Yoga Practitioners in Greater Gandhāra.Daniel Stuart - 2018 - Journal of Indian Philosophy 46 (2):193-240.
    The connection between early yogācāras, or practitioners of yoga, and later Yogācāra-vijñānavāda philosophy has long preoccupied scholars. But these connections remain obscure. This article suggests that a text that has received little attention in modern scholarship, the Saddharmasmṛtyupasthānasūtra, may shed light on aspects of early yogācāra contemplative cultures that gave rise to some of the formative dynamics of Yogācāra-vijñānavāda thought. I show how traditional Buddhist meditative practice and engagement with Abhidharma theoretics come together in the Saddharmasmṛtyuasthānasūtra to produce a novel (...)
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