Results for ' distinction between misfeasance and nonfeasance'

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  1.  9
    Contract.Peter Benson - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell. pp. 29–63.
    This chapter contains sections titled: Introduction The Challenge to the Distinctiveness and the Coherence of Contract Four Autonomy‐Based Theories Three Teleological Theories Concluding Remarks References.
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  2. Liability for failing to rescue.TheodoreM Benditt - 1982 - Law and Philosophy 1 (3):391 - 418.
    Should there be civil liability when a person who could easily and without risk rescue another fails to do so? It is argued that the failure to act does not cause the harm that follows, and that the misfeasance/nonfeasance distinction provides no basis for liability. In spite of this, it is maintained that there can sometimes be a duty to rescue, and even a right to be rescued, even in the absence of a voluntary undertaking or an (...)
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  3.  34
    Distinction between euthanasia and palliative sedation is clear-cut.Lars Johan Materstvedt - 2020 - Journal of Medical Ethics 46 (1):55-56.
    This article is a response to Thomas David Riisfeldt’s paper entitled ‘Weakening the ethical distinction between euthanasia, palliative opioid use and palliative sedation’. It is shown that as far as euthanasia and palliative sedation are concerned, Riisfeldt has not established that a common ground, or a similarity, between the two is the relief of suffering. Quite the contrary, this is not characteristic of euthanasia, neither by definition nor from a clinical point of view. Hence, the argument hinges (...)
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  4.  35
    An absolute distinction between faith and science: Contrast without compartmentalization.Hermen Kroesbergen - 2018 - Zygon 53 (1):9-28.
    This article argues for acknowledging the existence of an absolute distinction between faith and science. It is often assumed in the science and religion debate that such a distinction would be ahistorical and uncontextual. After discussing this critique, the analogy with love and facts will be used to explain how an absolute distinction between faith and science may exist nonetheless. This contrast, however, does not imply compartmentalization. It is shown that the absolute distinction (...) faith and science is of crucial importance to understand the historical contexts that so many contributors to the science and religion debate refer to in their argument against the approaches of Independence or Contrast. The article concludes that within our messy and complex practices there is an absolute distinction between faith and science—our historical contexts cannot be understood without it. (shrink)
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  5.  23
    The Ingardenian distinction between inseparability and dependence: Historical and systematic considerations.Marek Piwowarczyk - 2020 - HORIZON. Studies in Phenomenology 9 (2):532-551.
    In this paper I present the Ingardenian distinction between inseparability and dependence. My considerations are both historical and systematic. The historical part of the paper accomplishes two goals. First, I show that in the Brentanian tradition the problem of existential conditioning was entangled into parts—whole theories. The best examples of such an approach are Kazimierz Twardowski’s theory of the object and Edmund Husserl’s theory of parts and wholes. Second, I exhibit the context within which Ingarden distinguished inseparability and (...)
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  6. The distinction between intrinsic and extrinsic properties.David A. Denby - 2006 - Mind 115 (457):1-17.
    I propose an analysis of the metaphysically important distinction between intrinsic and extrinsic properties, and, in the process, provide a neglected model for the analysis of recalcitrant distinctions generally. First, I recap some difficulties with Kim's well-known (1982) proposal and its recent descendants. Then I define two independence relations among properties and state a ‘quasi-logical’ analysis of the distinction in terms of them. Unusually, my proposal is holistic, but I argue that it is in a certain kind (...)
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  7. On the Metaphysical Distinction Between Processes and Events.Kathleen Gill - 1993 - Canadian Journal of Philosophy 23 (3):365-384.
    In theMetaphysics, Aristotle pointed out that some activities are engaged in for their own sake, while others are directed at some end. The test for distinguishing between them is to ask, ‘At any time during a period in which someone is Xing, is it also true that they have Xed?’ If both are true, the activity is being done for its own sake. If not, it is being done for the sake of some end other than itself. For example, (...)
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  8.  25
    Leibniz’s Distinction Between Natural and Artificial Machines.Paul Raymont - manuscript
    I maintain that Leibniz's distinction between 'organic machines of nature' and the artificial machine that we produce cannot be adequately understood simply in terms of differing orders of structural complexity. It is not simply that natural machines, having been made by God, are infinitely more complex than the products of our own artifice. Instead, Leibniz's distinction is a thoroughly metaphysical one, having its root in his belief that every natural machine is a corporeal substance, the unity and (...)
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  9.  27
    The distinction between play and intrinsically worthwhile activities.Lesley Wright - 1985 - Journal of Philosophy of Education 19 (1):65–72.
    Lesley Wright; The Distinction Between Play and Intrinsically Worthwhile Activities, Journal of Philosophy of Education, Volume 19, Issue 1, 30 May 2006, Pages.
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  10.  14
    The illusory distinction between re- and predistribution.Åsbjørn Melkevik - 2021 - Les Ateliers de l'Éthique / the Ethics Forum 16 (1):41-56.
    The distinction between redistribution and predistribution is now embraced by many political philosophers, like Jacob Hacker or Martin O’Neill. This distinction, we could think, is particularly important for the question of how we react to crises, like the current coronavirus pandemic. If the policies take the form of taxes and transfers, like cash-flow assistance, it is redistribution, one could argue. If the policies are meant to alter pretax incomes, as policies changing the conditions for bankruptcy are, it (...)
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  11. How the Distinction between "Irreversible" and "Permanent" Illuminates Circulatory-Respiratory Death Determination.James L. Bernat - 2010 - Journal of Medicine and Philosophy 35 (3):242-255.
    The distinction between the "permanent" (will not reverse) and "irreversible" (cannot reverse) cessation of functions is critical to understand the meaning of a determination of death using circulatory–respiratory tests. Physicians determining death test only for the permanent cessation of circulation and respiration because they know that irreversible cessation follows rapidly and inevitably once circulation no longer will restore itself spontaneously and will not be restored medically. Although most statutes of death stipulate irreversible cessation of circulatory and respiratory functions, (...)
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  12. Distinctions between emotion and mood.Andrew M. Lane, Christopher Beedie & Peter C. Terry - 2005 - Cognition and Emotion 19 (6):847-878.
    Most academics agree that emotions and moods are related but distinct phenomena. The present study assessed emotion-mood distinctions among a non-academic population and compared these views with distinctions proposed in the literature. Content analysis of responses from 106 participants identified 16 themes, with cause (65% of respondents), duration (40%), control (25%), experience (15%), and consequences (14%) the most frequently cited distinctions. Among 65 contributions to the academic literature, eight themes were proposed, with duration (62% of authors), intentionality (41%), cause (31percnt;), (...)
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  13.  34
    Psychologism and the distinction between discovery and justification.Volker Peckhaus - 2006 - In Jutta Schickore & Friedrich Steinle (eds.), Revisiting Discovery and Justification: Historical and Philosophical Perspectives on the Context Distinction. Springer. pp. 99--116.
    The distinction between the contexts of discovery and justification has left a turbulent wake in the philosophy of science. This book recognizes the need to re-open the debate about the nature, development, and significance of the context distinction, about its merits and flaws. The discussion clears the ground for the productive and fruitful integration of these new developments into philosophy of science.
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  14.  24
    Rhees and the distinction between religion and science.John Kinsey - 2023 - Philosophical Investigations 46 (3):277-288.
    A sharp distinction between religion and science is, it is argued here, implicit in Rush Rhees's thought. This distinction is, moreover, underpinned by a view of philosophy as purely descriptive, which Rhees shares with Wittgenstein. The first half of this paper criticises both the distinction and this view of philosophy. The second half is constructive rather than critical. A pattern of reasoning in religion is explored, which offers a possibility of insight to those afflicted by the (...)
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  15. The Distinction between Reason and Intuitive Knowledge in Spinoza's Ethics.Sanem Soyarslan - 2013 - European Journal of Philosophy 24 (1):27-54.
    While both intuitive knowledge and reason are adequate ways of knowing for Spinoza, they are not equal. Intuitive knowledge, which Spinoza describes as the ‘greatest virtue of mind’, is superior to reason. The nature of this superiority has been the subject of some controversy due to Spinoza's notoriously parsimonious treatment of the distinction between reason and intuitive knowledge in the Ethics. In this paper, I argue that intuitive knowledge differs from reason not only in terms of its method (...)
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  16.  57
    Challenging Standard Distinctions between Science and Technology: The Case of Preparative Chemistry.Joachim Schummer - 1997 - Hyle 3 (1):81 - 94.
    Part I presents a quantitative-empirical outline of chemistry, esp. preparative chemistry, concerning its dominant role in today's science, its dynamics, and its methods and aims. Emphasis is laid on the poietical character of chemistry for which a methodological model is derived. Part II discusses standard distinction between science and technology, from Aristotle (whose theses are reconsidered in the light of modern sciences) to modern philosophy of technology. Against the background of results of Part I, it is argued that (...)
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  17.  21
    The Distinction Between Piety and Zealotry.Cem Deveci & Mehmet Ruhi Demiray - 2018 - Proceedings of the XXIII World Congress of Philosophy 69:111-115.
    It is a mark of our age that the long-standing relations between politics and religion founded long ago along the axis of liberal-democratic principles have turned out to appear problematical. Recently raised religious demands and movements put on the agenda a common question: to what extent are such demands and movements compatible with the principle of the peaceful co-existence of diverse cultural forms, which is the essential reference point of any democratic imagination? It a cliché that fundamentalism understood as (...)
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  18. The distinction between innate and acquired characteristics.Paul Griffiths - 2010 - Stanford Encyclopedia of Philosophy.
    The idea that some characteristics of an organism are explained by the organism's intrinsic nature, whilst others reflect the influence of the environment is an ancient one. It has even been argued that this distinction is itself part of the evolved psychology of the human species. The distinction played an important role in the history of philosophy as the locus of the dispute between Rationalism and Empiricism discussed in another entry in this encyclopedia. This entry, however, focuses (...)
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  19.  11
    Distinction between Informant and Source of Information; its nature and point. Application to putative ‘knowledge without belief’ cases; and to comparativism: Goldman.Edward Craig - 1990 - In Knowledge and the State of Nature. Presses Universitaires de France.
    The author distinguishes between informants and sources of information, and argues that the concept of knowledge is tied to the former and not the latter. The distinction is then used to cast light on the necessity of the belief condition for knowledge and on comparativism, the view that a person might be said to know p in circumstances in which the alternative is q, but not to know p if the alternatives include r. Goldman's famous papier‐mâché barn thought (...)
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  20. Denby on the Distinction between Intrinsic and Extrinsic Properties.V. Hoffmann-Kolss - 2010 - Mind 119 (475):763-772.
    In this paper, I raise an objection to the criterion of the intrinsic/extrinsic distinction proposed by David Denby in his article ‘The Distinction between Intrinsic and Extrinsic Properties’ (2006). I show that the extrinsic property of being either red and lonely or green cannot adequately be accounted for by Denby’s criterion and argue that this difficulty points to a general problem inherent to Denby’s account.
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  21.  56
    The Distinction Between Curative and Assistive Technology.Joseph A. Stramondo - 2019 - Science and Engineering Ethics 25 (4):1125-1145.
    Disability activists have sometimes claimed their disability has actually increased their well-being. Some even say they would reject a cure to keep these gains. Yet, these same activists often simultaneously propose improvements to the quality and accessibility of assistive technology. However, for any argument favoring assistive over curative technology to work, there must be a coherent distinction between the two. This line is already vague and will become even less clear with the emergence of novel technologies. This paper (...)
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  22. On the distinction between creation and conservation: A partial defence of continuous creation.Timothy D. Miller - 2009 - Religious Studies 45 (4):471-485.
    The traditional view of divine conservation holds that it is simply a continuation of the initial act of creation. In this essay, I defend the continuous-creation tradition against William Lane Craig's criticism that continuous creation fundamentally misconstrues the intuitive distinction between creation and conservation. According to Craig, creation is the unique causal activity of bringing new patient entities into existence, while conservation involves acting upon already existing patient entities to cause their continued existence. I defend continuous creation by (...)
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  23. Twardowski and the Distinction between Content and Object.Jan Wolenski - 1998 - Brentano Studien 8:15-35.
     
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  24.  10
    Distinction Between Sopadhisesa and Nirupadhisesa Nirvana.Arvind Sharma - 1980 - Buddhist Studies Review 3 (3):114-117.
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  25.  61
    On the Distinction between Convergent and Linked Arguments.David A. Conway - 1991 - Informal Logic 13 (3).
    Most recent writers of informal logic texts draw a distinction between "linked" and "convergent" arguments. According to its inventor, Stephen Thomas, the distinction is of the utmost importance; it "seems crucial to the analysis and evaluation of reasoning in natural language." I argue that the distinction has not been drawn in any way that makes it both clear and of any real originality or importance. Many formulations are obscure or conceptually incoherent. One formulation of the (...) does seem tolerably clear and I develop another, but neither promises to make it matter much. We can well do without it. (shrink)
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  26.  27
    The Distinction between Philosophy and the kata philosophian logos in Stoicism.José Luis Ponce Pérez - 2023 - Archai: Revista de Estudos Sobre as Origens Do Pensamento Ocidental 33:03329-03329.
    This article answer what could be the distinction that the Stoics established between philosophy and the kata philosophian logos, according to the report by D.L., VII, 39-41. In this place I distance from the scholars who consider that the distinction is ontological, this is, that the kata philosophian logos refers to the discursive presentation of Stoic dogmas, whose nature is incorporeal, while the philosophy refers to a disposition of the soul, whose nature is corporeal. I rather propose (...)
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  27.  24
    On the Kantian distinction between Ethics and Right: Linearity and Mediation.Marianna Capasso & Alberto Pirni - 2021 - Con-Textos Kantianos 1 (13):344-364.
    The aim of this paper is to provide an original account of the distinction between the spheres of Sitten that goes beyond the traditional one based on the nature of incentives, since this underestimates some of their characteristics. First, the paper identifies in obligatio a common source between Ethics and Right. Then, it explores how in the Metaphysics of Morals the connection between law and incentive constitutes a more relevant criterion to distinguish ethical lawgiving from juridical (...)
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  28.  20
    Distinction Between Euthanasia and Valid Medical Decision and Its Impact on Unborn Life.Rihards Poļaks & Valentija Liholaja - 2014 - Jurisprudencija: Mokslo darbu žurnalas 21 (1):223-243.
  29.  19
    The Distinction between “Passion” and “Emotion” – Vincenzo Chiarugi, a Case Study.Louis C. Charland - 2014 - History of Psychiatry 25 (4):477-484.
    The distinction between ‘passion’ and ‘emotion’ has been largely overlooked in the history of psychiatry and the psychopathology of affectivity. A version of the distinction that has gone completely unnoticed is the one proposed by Florentine physician Vincenzo Chiarugi (1759–1820). The purpose of the present discussion is to introduce this Italian version of the distinction and to inquire into its origins.
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  30.  68
    Malebranche's distinction between general and particular volitions.Andrew Pessin - 2001 - Journal of the History of Philosophy 39 (1):77-99.
    In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.1 (2001) 77-99 [Access article in PDF] Malebranche's Distinction Between General and Particular Volitions Andrew Pessin "God needs no instruments to act," Malebranche writes in Search; "it suffices that He wills in order that a thing be, because it is a contradiction that He should will and that what He wills should not happen. Therefore, His power is His will." 1 (...)
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  31. The Distinction between Conceptual and Nonconceptual Content.Jose Bermudez - 2007 - In Brian McLaughlin, Ansgar Beckermann & Sven Walter (eds.), The Oxford handbook of philosophy of mind. New York: Oxford University Press.
    1 Domains of application 2 Formulating the conceptual/nonconceptual distinction 3 Is there such a thing as nonconceptual content? 4 Developing the account of nonconceptual content .
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  32.  2
    Ontological distinctions between hardware and software.William D. Duncan - 2017 - Applied ontology 12 (1):5-32.
    There are a wide range of positions regarding the ontological nature of computer hardware and software. Moor [The British Journal for the Philosophy of Science 29 (1978), 213–222] argues that there...
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  33.  98
    Is water a mixure?: bridging the distinction between physical and chemical properties.Paul Needham - 2008 - Studies in History and Philosophy of Science Part A 39 (1):66-77.
    Two inter-linked theses are defended in this paper. One is the Duhemian theme that a rigid distinction between physical and chemical properties cannot be upheld. Duhem maintained this view not because the latter are reducible to the former, but because if physics is to remain consistent with chemistry it must prove possible to expand it to accommodate new features, and a rigid distinction would be a barrier to this process. The second theme is that naturally occurring isotopic (...)
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  34.  5
    Simple Minimal and Maximal Properties: David Hommen on the Distinction between Positive and Negative Properties.Tomas Alvarado - 2024 - Análisis Filosófico 44 (2):191-215.
    Since the work of John Cook Wilson (1926) several analyses have been proposed for the distinction between ‘positive’ and ‘negative’ properties (cf. Ayer, 1952; Gale, 1970; Hirsch, 1989). These analyses have relied on the ‘specification’, the ‘incompatibility’, or the ‘strength’ of properties. Some have proposed, for example, that negative properties are those that do not specify other negative properties, or those that are not incompatible with other negative properties, or those that have ‘less strength’ that their complementary properties. (...)
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  35. Frege’s Distinction Between Sense and Reference.Gideon Makin - 2010 - Philosophy Compass 5 (2):147-163.
    The article presents Frege's distinction between Sense and Reference. After a short introduction, it explains the puzzle which gave rise to the distinction; Frege's earlier solution, and his reasons for its later repudiation. The distinction, which embodies Frege's second solution, is then discussed in two phases. The first, which is restricted to proper names, sets out its most basic features. The second discusses 'empty' names; indirect speech, and the distinction for predicates and for complete sentences. (...)
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  36.  62
    Conceptual and Linguistic Distinctions Between Singular and Plural Generics.Sarah-Jane Leslie, Sangeet Khemlani, Sandeep Prasada & Sam Glucksberg - 2009 - Proceedings of the Cognitive Science Society.
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  37. Imagination and the Distinction between Image and Intuition in Kant.R. Brian Tracz - 2019 - Ergo: An Open Access Journal of Philosophy 6:1087-1120.
    The role of intuition in Kant’s account of experience receives perennial philosophical attention. In this essay, I present the textual case that Kant also makes extensive reference to what he terms “images” that are generated by the imagination. Beyond this, as I argue, images are fundamentally distinct from empirical and pure intuitions. Images and empirical intuitions differ in how they relate to sensation, and all images (even “pure images”) actually depend on pure intuitions. Moreover, all images differ from intuitions in (...)
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  38.  60
    Hume's motivational distinction between natural and artificial virtues.James Fieser - 1997 - British Journal for the History of Philosophy 5 (2):373 – 388.
    (1997). Hume's motivational distinction between natural and artificial virtues. British Journal for the History of Philosophy: Vol. 5, No. 2, pp. 373-388.
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  39. The moral distinction between killing and letting die in medical cases.Joachim Asscher - 2008 - Bioethics 22 (5):278–285.
    In some medical cases there is a moral distinction between killing and letting die, but in others there is not. In this paper I present an original and principled account of the moral distinction between killing and letting die. The account provides both an explanation of the moral distinction and an explanation for why the distinction does not always hold. If these explanations are correct, the moral distinction between killing and letting die (...)
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  40.  29
    Reviving the Distinction between Positive and Negative Human Rights.Johan Vorland Wibye - 2022 - Ratio Juris 35 (4):363-382.
    Increasingly firm rejections of the distinction between positive and negative human rights as incoherent have created a gap between theory and practice, as well as tensions within legal doctrinal and philosophical literature. This article argues that the distinction can be preserved by means of a structural account of the interaction of duties within human rights, anchored in case law on the right to freedom of assembly in Article 11, the right to free elections in Article 3 (...)
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  41.  13
    The Stoic Distinction between Syllogisms and Subsyllogisms.Fabian Ruge - 2024 - Archiv für Geschichte der Philosophie 106 (4):776-806.
    This paper aims to explain the distinction between syllogisms and subsyllogisms in Stoic logic. Subsyllogisms replace at least one premise in a syllogism with a premise that is, according to Galen and Alexander, equipollent to the respective syllogistic premise. This equipollence is not synonymy of meaning between two linguistic expressions, but obtains between two propositions when they are true or false by the same standard. Subsyllogistic premises are simple propositions that are equipollent to the non-simple premises (...)
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  42.  23
    The Distinction between Intrinsic and Kctrinsic Properties, DAVID.A. Denby - 2006 - Mind 115 (457).
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  43.  8
    The Distinction Between ‘Is’ and ‘Ought’.Henry Sidgwick - 2000 - In Marcus G. Singer (ed.), Essays on Ethics and Method. Oxford, GB: Clarendon Press.
    Taking ‘what ought to be’ to include both what is commonly judged to be ‘good’ and what is commonly judged to be ‘right’, that is to say, ‘the duty’ of a person, Sidgwick observes that there is a rationally based recognition of the variation in people's duties. Given the failure of people on many occasions to do their duty, we must acknowledge that ‘what ought to be’ to a large degree ‘is not’, and that the former is independent of whether (...)
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  44. Freedom and the Distinction Between Phenomena and Noumena: Is Allison’s View Methodological, Metaphysical, or Equivocal?Kenneth Westphal - 2001 - Journal of Philosophical Research 26:593-622.
    Henry Allison criticizes and rejects naturalism because the idea of freedom is constitutive of rational spontaneity, which alone enables and entitles us to judge or to act rationally, and only transcendental idealism can justify our acting under the idea of freedom. Allison’s critique of naturalism is unclear because his reasons for claiming that free rational spontaneity requires transcendental idealism are inadequate and because his characterization of Kant’s idealism is ambiguous. Recognizing this reinforces the importance of the question of whether only (...)
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  45.  18
    The distinction between conscious and unconscious cognition in David R. Shanks’s work: A critical assessment.Giuseppe Lo Dico - 2022 - Rivista Internazionale di Filosofia e Psicologia 13 (1):19-30.
    The notion of unconscious finds support in many experimental studies that use the dissociation method. This method allows us to distinguish between conscious and unconscious mental states when participants cannot explain why they performed as they did in an experiment. The paper will discuss the notion of unconscious by considering David R. Shanks’ criticisms of the application of the dissociation method: it will assess three studies Shanks proposes as reexaminations of three other relevant studies in the literature and show (...)
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  46. (1 other version)Locke's distinctions between primary and secondary qualities.Michael Jacovides - 2007 - In Lex Newman (ed.), The Cambridge Companion to Locke's "Essay Concerning Human Understanding". New York: Cambridge University Press.
    in The Cambridge Companion to Locke’s Essay, edited by Lex Newman. Cambridge: Cambridge University Press, 2007.
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  47.  10
    On the Distinction Between Reference and Referential Presuppositions.Alessandro Capone - 2024 - In Alessandro Capone, Pietro Perconti & Roberto Graci (eds.), Philosophy, Cognition and Pragmatics. Springer Nature Switzerland. pp. 23-44.
    In this paper, I start with the notion of reference as speaker’s meaning and then move on to consider García-Carpintero’s (2000) idea that a conceptual dimension of referential expressions can be captured through a notion of presupposition. I argue that we need to distinguish between reference and referential presupposition. The reference has a perceptual dimension and offers the speaker and the hearer an anchor to the present. Even when a speaker uses an NP that does not denote the object (...)
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  48.  17
    The Ontological Distinction between Persons and Their Bodies.Mohammad Reza Tahmasbi - 2022 - Metaphysica 23 (2):307-317.
    Lynne Rudder Baker’s constitution theory of persons explains the relationship between persons and their bodies. Baker’s theory can explain the ontological status of persons. However, her explanation of the distinction between persons and their bodies faces a problem. In this paper, first, I show that her account, in fact, does not amount to a real distinction between persons and their bodies. Then, by discussing the notion of ‘derivatively having property,’ I propose a notion of constitution (...)
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  49.  75
    On the Distinction between Monothematic and Polythematic Delusions.Max Coltheart - 2013 - Mind and Language 28 (1):103-112.
    Some delusional patients exhibit only a single delusional belief (or several delusional beliefs concerning a single theme): this is monothematic delusion. It contrasts with polythematic delusion, where the patient exhibits a variety of delusions concerning a variety of different themes. The neuropsychological bases of various monothematic delusions are rather well understood, and there is a well-worked-out general neuropsychological theory of monothematic delusion, the two-factor theory. Whether polythematic delusion might be explained in a similar way is an open question: I sketch (...)
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  50.  32
    On the distinctions between semantics and pragmatics.Jens Allwood - 1981 - In W. Klein & W. Levelt (eds.), Crossing the Boundaries in Linguistics. Reidel. pp. 177--189.
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