Results for 'Grotian qualifier'

957 found
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  1.  4
    Grotian Moments’ in the Dutch East Indies? The Reception of Hugo Grotius’s Ideas in Cornelis Van Vollenhoven’s Writings on Customary Law and Colonialism.Cornelis Marinus Veld - 2024 - Grotiana 45 (2):291-316.
    In this paper it is argued that Grotius views on customary law are compatible with the concept of a ‘Grotian Moment’. However, the idea of accelerated customary international law is developed by Van Vollenhoven, who interpreted Grotius in a questionable way. Whereas Grotius qualifies as a thinker in the tradition of natural law, Van Vollenhoven should be seen as an interactionist. This is especially visible in his publications on adat law, in which he visibly belongs to a romantic, Germanist, (...)
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  2.  47
    Why the Revised Grotian Definition of Lying Still Fails: A Reply to Vincelette.John Skalko - 2018 - Bogoslovni Vestnik 1 (78):67-77.
    In a recent article (2017), Alan Vincelette attempts to defend the Grotian definition of lying. In much of the article he argues when it is licit to tell a formal falsehood. This focus, however, is a mistake. In particular, Vincelette conflates two distinct questions: a) is lying ever morally permissible?, and b) is the Grotian definition of lying an adequate definition? Much of Vincelette‘s response to my earlier criticisms (Skalko 2015) of the Grotian definition focuses on (a), (...)
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  3. From Mare Liberum to the Global Commons: Building on the Grotian Heritage.Nico Schrijver & Vid Prislan - 2009 - Grotiana 30 (1):168-206.
    This article addresses the heritage of Grotius's concept of common goods as developed in his seminal work Mare liberum. This contribution identifies the basic tenets of Grotius's thinking on the nature of common property and identifies the relevance of these ideas for the present day management of global commons, i.e., the areas and natural resources beyond the limits of national jurisdiction. Successively, the article examines the regimes for: the deep seabed, the high seas, and marine mammals; outer space, particularly the (...)
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  4.  98
    Catholics and Hugo Grotius’s Definition of Lying.John Skalko - 2015 - Proceedings of the American Catholic Philosophical Association 89:159-179.
    Among Catholic philosophers, Saint Augustine was the first boldly to propose and defend the absolute view that all lies are wrong. Under no circumstances can a lie be licit. This absolute view held sway among Catholics until the sixteenth century with the introduction of the doctrine of mental reservation. In the seventeenth century, Hugo Grotius introduced another way to uphold the absolute view by changing the definition of lying: If the right of another is not violated, then there is no (...)
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  5.  35
    (Meta) Grotian Moment: International Organizations and the Rapid Formation of Customary International Law.Lorenzo Gasbarri - 2022 - Grotiana 43 (1):113-132.
    In this paper, I first discuss the concept of ‘Grotian Moment’ in the context of the capacity of international organizations to contribute to the formation and identification of customary international law. Afterward, I apply three levels to discuss the time element of the formation of custom. At the micro-level of the institutional practice, the time required to form a customary norm may depend on whether each form of practice is directed to the institutional or to the international dimension. At (...)
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  6.  36
    The Grotian model of a world-system.B. Landheer - 1980 - Grotiana 1 (1):17-32.
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  7.  21
    The Grotian Moment: the 'pièce de résistance' in Bonhoeffer's letters and papers from prison.J. Wiersma - 1991 - Grotiana 12 (1):62-77.
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  8.  29
    Grotian Moments in the Law of Self-Determination: Law, Rhetoric, and Reality.Tom Sparks - 2022 - Grotiana 43 (1):159-186.
    Self-determination is one of international law’s most reviled and yet most important principles. The legal development of self-determination – or specific forms thereof – as a customary norm of international law has been shaped and spurred by key moments. These include the American and French declarations of 1776 and 1789, the conclusion of the UN Charter, and the General Assembly’s resolution 1514 (xv) in 1960. This article analyses whether, in characterising the effect of such moments, the label ‘Grotian’ moment (...)
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  9.  28
    Statehood: A Grotian Moment 2.Milena Sterio - 2022 - Grotiana 43 (1):133-158.
    Grotian Moments are instances of accelerated formation of customary law, sparked by significant world events, such as wars, terrorism attacks, developments in technology, or natural catastrophes. This article will apply the Grotian Moment theory to the legal criteria of statehood, in an attempt to assess whether an evolution in specific elements of statehood has resulted in such paradigm-shifting Grotian Moments. In particular, this article will argue that the evolving political nature of our world order has contributed toward (...)
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  10.  63
    Qualifying choice: ethical reflection on the scope of prenatal screening.Greg Stapleton - 2017 - Medicine, Health Care and Philosophy 20 (2):195-205.
    In the near future developments in non-invasive prenatal testing may soon provide couples with the opportunity to test for and diagnose a much broader range of heritable and congenital conditions than has previously been possible. Inevitably, this has prompted much ethical debate on the possible implications of NIPT for providing couples with opportunities for reproductive choice by way of routine prenatal screening. In view of the possibility to test for a significantly broader range of genetic conditions with NIPT, the European (...)
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  11.  28
    Expanding Universe: Grotian Moments in the Practice of the UN Security Council.Inger Österdahl - 2022 - Grotiana 43 (1):25-54.
    This contribution explores Grotian Moments in the practice of the UN Security Council in three different but closely related subject areas. The three areas are, in turn, the way the Security Council interprets the concept of ‘threat to the peace’ or more generally ‘international peace and security’, the law-making by the Security Council, and the subjects – in the sense of legal or natural persons – that the Security Council chooses to address. It turns out that the interpretation by (...)
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  12.  21
    True Qualifiers for Qualified Truths.René Van Woudenberg - 2014 - Review of Metaphysics 68 (1):3-36.
    This paper aims to throw light on what predicative expressions like "is a(n) truth," where an adjective is inserted on the line, mean. It aims to do so by unearthing a framework that specifies (i) various items that can be qualified by the adjectives, as well as (ii) various ways in which the adjectives perform their qualifying function. This framework forms the background against which, in the second half of this paper, the meaning of "is a relative truth" and "is (...)
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  13.  81
    A qualified defence of a naturalist theory of health.Thomas Schramme - 2006 - Medicine, Health Care and Philosophy 10 (1):11-17.
    The paper contrasts Lennart Nordenfelt’s normative theory of health with the naturalists’ point of view, especially in the version developed by Christopher Boorse. In the first part it defends Boorse’s analysis of disease against the charge that it falls short of its own standards by not being descriptive. The second part of the paper sets out to analyse the positive concept of health and introduces a distinction between a positive definition of health (‘health’ is not defined as absence of disease (...)
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  14. Qualifying Qualia Through the Skyhook Test.Tere Vadén - 2001 - Inquiry: An Interdisciplinary Journal of Philosophy 44 (2):149-169.
    If we are to preserve qualia, one possibility is to take the current academic, philosophical, and theoretical notion less seriously and current natural science and some pre-theoretical intuitions about qualia more seriously. Dennett (1997) is instrumental in showing how ideas of the intrinsicalness and privacy of qualia are misguided and those of ineffability and immediacy misinterpreted. However, by combining ideas of non-mechanicalness used in contemporary natural science with the pre-theoretical idea that qualia are special because they are unique, we get (...)
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  15. What qualifies a representation for a role in consciousness?Marcel Kinsbourne - 1997 - In Jonathan D. Cohen & Jonathan W. Schooler, Scientific Approaches to Consciousness. Lawrence Erlbaum.
  16.  16
    Three Grotian Theories of Humanitarian Intervention.Evan J. Criddle - 2015 - Theoretical Inquiries in Law 16 (2):473-506.
    This Article explores three theories of humanitarian intervention that appear in, or are inspired by, the writings of Hugo Grotius. One theory asserts that natural law authorizes all states to punish violations of the law of nations, irrespective of where or against whom the violations occur, to preserve the integrity of international law. A second theory, which also appears in Grotius’s writings, proposes that states may intervene as temporary legal guardians for peoples who have suffered intolerable cruelties at the hands (...)
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  17.  13
    Newly Qualified Teachers’ Well-Being During the COVID-19 Pandemic: Testing a Social Support Intervention Through Design-Based Research.Dominik E. Froehlich, Julia Morinaj, Dorothea Guias & Ulrich Hobusch - 2022 - Frontiers in Psychology 13.
    Around the world, newly qualified teachers are leaving the profession after only a short time working at school. This not only has a negative effect on the capacities of the respective education systems, but also for the teachers themselves, as it often due to factors such as stress and burnout that leads to this decision. The COVID-19 pandemic has exacerbated this situation by adding to the teachers’ workload, uncertainty, and stress. Previous research has investigated strategies that may help teachers improve (...)
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  18.  19
    Discussing Grotian Law and Legal Philosophy.Ben Vermeulen - 1985 - Grotiana 6 (1):84-92.
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  19.  34
    Qualified market access and inter-disciplinarity.Lisa Herzog & Andrew Walton - 2014 - Ethics and Global Politics 7 (2):83-94.
    This note offers reflections on qualified market access —the practice of linking trade agreements to values such as human rights, labour standards, or environmental protection. This idea has been suggested by political theorists as a way of fulfilling our duties to the global poor and of making the global economic system more just, and it has influenced a number of concrete policies, such as European Union trade policies. Yet, in order to assess its merits tout court, different perspectives and disciplines (...)
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  20.  52
    Presumption as a Modal Qualifier: Presumption, Inference, and Managing Epistemic Risk.David Godden - 2017 - Argumentation 31 (3):485-511.
    Standards and norms for reasoning function, in part, to manage epistemic risk. Properly used, modal qualifiers like presumably have a role in systematically managing epistemic risk by flagging and tracking type-specific epistemic merits and risks of the claims they modify. Yet, argumentation-theoretic accounts of presumption often define it in terms of modalities of other kinds, thereby failing to recognize the unique risk profile of each. This paper offers a stipulative account of presumption, inspired by Ullmann-Margalit, as an inferentially generated modal (...)
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  21.  23
    Grotian Moments, Vol. 3: Introduction.Tom Sparks & Mark Somos - 2023 - Grotiana 44 (1):1-3.
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  22.  47
    Epistemically-Qualified Judgment.Wayne Backman - 1992 - Journal of Philosophical Research 17:1-27.
    The author describes a formal system for interpreting and generating epistemically-qualified judgments, that is, judgments qualified by phrases like “it is certain that,” “it is almost certain that,” “it is plausible that,” and “it is doubtful that.” The system has two noteworthy properties. First, the system’s qualifiers are purely qualitative. Second, the system is based on epistemic warranting conditions, not truth conditions. The first property is noteworthy because it makes the system an alternative to systems that use numerical certainty factors (...)
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  23.  17
    Grotian Moments, Vol. 2: Introduction.Tom Sparks & Mark Somos - 2022 - Grotiana 43 (1):1-2.
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  24.  14
    On Qualified Use and Application of Knowledge.Ladislav Tondl - 2009 - Teorie Vědy / Theory of Science 31 (3-4):107-129.
    The new topics in the spheres of science and/or technology policy, i. e. the knowledge management, was influenced by problems connected with great and complicated technological projects. The paper presents the main motives and sources of knowledge management, of qualified use and application of knowledge, especially the selection and integration of adequate data and knowledge, the selection of relevant knowledge sets and their integration.
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  25. (1 other version)Applying Soundness Standards to Qualified Reasoning.Robert Ennis - 2003 - Informal Logic 23 (1).
    Defining qualified reasoning as reasoning containing such loose qualifying words as 'probably,' 'usually,' 'probable, 'likely,' 'ceteris paribus,' and 'primafacie, Ennis argues that typical cases of qualified reasoning, though they might be good arguments, are deductively invalid, implying that such arguments fail soundness standards. He considers and rejects several possible alternative ways of viewing such cases, ending with a proposal for applying qualified soundness standards, which requires employment of sufficient background knowledge, sensitivity, experience and understanding of the situation. All of this (...)
     
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  26.  94
    Qualified-agent virtue ethics.Liezl van Zyl - 2011 - South African Journal of Philosophy 30 (2):219-228.
    Qualified-agent virtue ethics provides an account of right action in terms of the virtuous agent. It has become one of the most popular, but also most frequently criticized versions of virtue ethics. Many of the objections rest on the mistaken assumption that proponents of qualified-agent virtue ethics share the same view when it comes to fundamental questions about the meaning of the term ‘right action’ and the function of an account of right action. My aim in this paper is not (...)
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  27. Qualifying Times: Points of Change in U.S. Women’s Sport.[author unknown] - 2014
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  28.  26
    A Qualified Defense of Personhood in Bioethics.Tanner Mathison & Andreas Kuersten - 2024 - American Journal of Bioethics 24 (1):23-26.
    Referred to as “a foundational concept” of bioethics, personhood has long figured prominently in discussions of entities’ moral status and attendant rights and duties (Farah and Heberlein 2007, 39)...
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  29.  43
    Absolute Freedom of Contract: Grotian Lessons for Libertarians.Jeppe von Platz - 2013 - Critical Review: A Journal of Politics and Society 25 (1):107-119.
    Libertarians often rely on arguments that subordinate the principle of liberty to the value of its economic consequences. This invites the question of what a pure libertarian theory of justice—one that takes liberty as its overriding concern—would look like. Grotius's political theory provides a template for such a libertarianism, but it also entails uncomfortable commitments that can be avoided only by compromising the principle of liberty. According to Grotius, each person should be free to decide how to act as long (...)
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  30. A (Qualified) Defense of Liberal Feminism.Susan Wendell - 1987 - Hypatia 2 (2):65-93.
    Liberal feminism is not committed to a number of philosophical positions for which it is frequently criticized, including abstract individualism, certain individualistic approaches to morality and society, valuing the mental/rational over the physical/emotional, and the traditional liberal way of drawing the line between the public and the private.Moreover, liberal feminism's clearest political commitments, including equality of opportunity, are important to women's liberation and not necessarily incompatible with the goals of socialist and radical feminism.
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  31.  39
    Qualified for Evaluation? A GM Potato and the Orders of Rural Worth.Helena Valve - 2012 - Journal of Agricultural and Environmental Ethics 25 (3):315-331.
    This paper examines a small-scale attempt to support collective evaluation of a transgenic potato variety. By mobilizing Laurent Thevénot’s ideas on the connectedness of the ontological and normative, it investigates how the controversial object was associated with coordinating perspectives or orders of worth in two focus groups. In these groups, the GM potato qualified for evaluation in relation to deterministic market forces. However, it was unclear whether the potato would operate as a beneficial market asset or merely as an accelerator (...)
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  32.  28
    A Qualified Account of Supererogation: Toward a Better Conceptualization of Corporate Social Responsibility.Antonio Tencati, Nicola Misani & Sandro Castaldo - 2020 - Business Ethics Quarterly 30 (2):250-272.
    ABSTRACTSome firms are initiating pro-stakeholder activities and policies that transcend conventional corporate social responsibility conceptions and seem inconsistent with their business interests or economic responsibilities. These initiatives, which are neither legally nor morally obligatory, are responding to calls for a more active role of business in society and for a broader interpretation of CSR. In fact, they benefit stakeholders in a superior and an innovative way and are difficult to reconcile with commonly used rationales in the extant CSR literature, such (...)
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  33.  36
    Stoicism, slavery, and law Grotian Jurisprudence and Its Reception.John W. Cairns - 2001 - Grotiana 22 (1):197-231.
  34.  53
    Severity as a moral qualifier of malady.Carl Tollef Solberg, Mathias Barra, Lars Sandman & Bjorn Hoffmann - 2023 - BMC Medical Ethics 24 (1):1-7.
    The overarching aim of this article is to scrutinize how severity can work as a qualifier for the moral impetus of malady. While there is agreement that malady is of negative value, there is disagreement about precisely how this is so. Nevertheless, alleviating disease, injury, and associated suffering is almost universally considered good. Furthermore, the strength of a diseased person’s moral claims for our attention and efforts will inevitably vary. This article starts by reflecting on what kind of moral (...)
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  35.  29
    A qualified defense of legal disclosure requirements.Jessica Berg - 2006 - American Journal of Bioethics 6 (2):25 – 26.
  36. Providence and uses of Grotian strategies in Neapolitan political thought, 1650-1750.Adriana Luna- Fabritius - 2022 - In Hans Willem Blom, Sacred Polities, Natural Law and the Law of Nations in the 16th-17th Centuries. Boston: BRILL.
     
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  37.  28
    International Environmental Law: of Sovereignty, Complexity, and Grotian Moments.Jutta Brunnée - 2022 - Grotiana 43 (1):3-24.
    The Grotian Moment concept provides a lens through which to reflect on the enduring hold of state sovereignty on international environmental law. The article traces the development of the field’s customary rule framework and canvasses efforts to push its conceptual boundaries beyond the inter-state paradigm. Given their dominant role in the field, the article then provides a brief overview of treaty-based approaches to the development of international environmental law. It focuses on the global response to the climate emergency, as (...)
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  38.  45
    Qualifying confidentiality: Historical and empirical issues and facts.Robert Klitzman - 2006 - American Journal of Bioethics 6 (2):26 – 27.
  39.  67
    Un/qualified declaratives.Peter van Elswyk - 2018 - Dissertation, Rutgers University, New Brunswick
    Declarative sentences in English are either unqualified or qualified with an epistemic expression like a parenthetical verb. In this dissertation, I defend parentheticalism, the view that most apparently unqualified declaratives in English covertly contain the verb "know" with a first-person subject in parenthetical position. Paired with a multidimensional semantics for parenthetical verbs, parentheticalism predicts that the use of an apparently unqualified declarative represents the speaker as knowing the at-issue proposition expressed by the declarative in the context. Since the representation of (...)
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  40. Qualifying'the Normal Functioning View': Towards a Consensus on a Functioning-Based Framework of Health Justice.Lasse Nielsen - forthcoming - Journal of Medicine and Philosophy.
     
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  41.  16
    Adverbially Qualified Truth Values.J. J. MacIntosh - 1991 - Pacific Philosophical Quarterly 72 (2):131-142.
  42. Should the Best Qualified Be Appointed?Shlomi Segall - 2012 - Journal of Moral Philosophy 9 (1):31-54.
    The paper examines the view that individuals have a claim to the jobs for which they are the best qualified. It seeks to show this view to be groundless, and to offer, instead, a luck egalitarian account of justice in hiring. That account consists of three components: monism, non-meritocracy, and non-discrimination. To demonstrate the coherence of this view, two particular internal conflicts are addressed. First, luck egalitarian monism (the view that jobs are not special) may end up violating the non-discrimination (...)
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  43.  48
    Emerging State Practice on Maritime Limits: A Grotian Moment Unveiling a Hidden Truth?Snjólaug Árnadóttir - 2023 - Grotiana 44 (1):4-29.
    The legal order of the oceans has seen rapid developments and paradigm shifts. At least one of them has been described as a textbook example of a Grotian Moment: the emergence of the customary international law on the continental shelf, stemming from increased demand for oil and gas, coupled with technological advances and the Truman Proclamation of 1945. Now, eighty years later, the law of the sea is again faced with fundamental changes as the basis for maritime limits is (...)
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  44.  37
    Postscript: Qualifying and quantifying constraints on perceived transparency.Barton L. Anderson, Manish Singh & Judit O'Vari - 2008 - Psychological Review 115 (4):1151-1153.
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  45.  30
    On aesthetically qualified characters and their mutual interlacements.M. D. Stafleu - 2003 - Philosophia Reformata 68 (2):137-147.
    Discussions about the aesthetic relation frame are often focused on subject-object relations, on objects of arts, their production and their perception.1 A Christian philosophical anthropology emphasizes human subject-subject relations and human acts, including more than the production of artefacts. According to the philosophy of the cosmonomic idea, any kind of human act has an aesthetic aspect. Yet, I shall restrict myself to types of characters that are aesthetically qualified. I shall discuss characters of acts, which objects are not typically aesthetic; (...)
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  46.  24
    Corruption in International Law: Illusions of a Grotian Moment.Simona Ross & Mark Somos - 2022 - Grotiana 43 (1):55-86.
    Has there already been a Grotian Moment for corruption? If not, what would it take for new legal rules and doctrines on corruption to crystallise? This article seeks to answer these two questions by reviewing the relevant history of international legal scholarship, the current public international law framework for anticorruption, and recent developments in international legal practice. We conclude that a Grotian Moment may have been reached for a narrow concept of corruption, focused on petty corruption and bribery, (...)
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  47.  24
    Data Surveillance Since the Snowden Revelations: A Grotian Moment in International Law?Milan Tahraoui - 2022 - Grotiana 43 (1):87-112.
    Mass data surveillance practices have received heightened attention in international law since the Snowden revelations of 2013. In this article, I examine whether that attention has given rise to a “Grotian moment” regarding the regulation of these activities under international law. At the outset, I answer that question in the negative and conclude that no general customary international law rules have emerged. Yet, that is not the end of the story. At a more fundamental and conceptual level, far reaching (...)
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  48.  51
    Authority As (Qualified) Indubitability.Benjamin Winokur - forthcoming - Inquiry: An Interdisciplinary Journal of Philosophy.
    Self-ascriptions of one's current mental states often seem authoritative. It is sometimes thought that the authority of such self-ascriptions is, in part, a matter of their indubitability. However, they do not seem to be universally indubitable. How, then, should claims about self-ascriptive indubitability be qualified? Here I consider several such qualifications from the literature. Finding many of them wanting, I nevertheless settle on multiple specifications of the thesis that self-ascriptions are authoritatively indubitable. Some of these specifications concern how other agents (...)
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  49.  1
    Chicken from the soil: qualifying local chicken amidst food distrust in southwestern China.Lyle Fearnley - forthcoming - Agriculture and Human Values:1-13.
    Chinese consumers value the so-called _tuji_ chicken (‘soil + chicken’) as a local, quality type of poultry. Because _tu_ references both local region and the rural countryside, the _tu_ chicken evokes a contrast with modern improved broilers and the globalized poultry industry, and exemplifies a broader ‘quality turn’ in China’s agri-food system. But what precisely makes a chicken _tu_ (‘local’ and ‘earthy’), and how to identify one that is, are more uncertain and contested questions. Building on literature in food studies, (...)
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  50.  75
    In Qualified Praise of the Leon Kass Council On Bioethics.Carl Mitcham - 2006 - Techné: Research in Philosophy and Technology 10 (1):7-15.
    This paper argues the distinctiveness of the President’s Council on Bioethics, as chaired by Leon Kass. The argument proceeds by seeking to place the Council in proper historical and philosophical perspective and considering the implications of some of its work. Sections one and two provide simplified descriptions of the historical background against which the Council emerged and the character of the Council itself, respectively. Section three then considers three basic issues raised by the work of the Council that are of (...)
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