Results for 'decentering'

976 found
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  1.  55
    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.  37
    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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  3.  39
    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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  4. Hobbes' relational theory : beneath power and consent.Evan Fox-Decent - 2012 - In David Dyzenhaus & Thomas Poole, Hobbes and the law. New York: Cambridge University Press.
  5.  68
    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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  6.  24
    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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  7.  28
    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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  8.  85
    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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  9. 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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  10. Constitutional legitimacy unbound.Evan Fox-Decent - 2016 - In David Dyzenhaus & Malcolm Thorburn, Philosophical Foundations of Constitutional Law. Oxford, United Kingdom: Oxford University Press UK.
     
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  11.  37
    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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  12.  63
    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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  13.  28
    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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  14.  26
    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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  15.  1
    Decent work and ethical ideologies of nurses—A multicenter cross-sectional study.Mohamed Ali Zoromba, Hasan Abualruz, Mohammad A. Abu Sabra, Mohamed Ahmed Zoromba & Heba Emad El-Gazar - 2025 - Nursing Ethics 32 (2):601-613.
    Background Although research has established that the work environment significantly shapes nurses’ ethical behavior, it’s less clear whether decent work could influence ethical ideologies of nurses. Aim To investigate the decent work conditions and ethical ideologies of nurses, and to analyze whether decent work influences their ethical ideologies. Methods A multicenter cross-sectional survey was conducted among 203 nurses working in three tertiary governmental hospitals across two cities in Egypt. We utilized the Scale of Decent Work, which consists of 15 items (...)
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  16.  29
    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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  17.  55
    Decentering women.Rebecca Kukla - 1996 - Metaphilosophy 27 (1-2):28-52.
    Many recent theorists have argued that the self is socially constituted, or “decentered” by its social world. With surprising consistency, and in various ways, this decentered self has been gendered feminine, by feminists and non‐feminists alike. In this paper I explore whether there is any special link between femininity and decenteredness. I distinguish between two different ways that the self might be decentered – by its position within a cultural order, or by its interactions and relations with particular others. I (...)
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  18.  49
    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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  19.  22
    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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  20.  37
    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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  21.  38
    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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  22. 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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  23. Decent conduct toward animals: A traditional approach.Stephen R. L. Clark - 1999 - Teorema: International Journal of Philosophy 18 (3):61-83.
    The Bishop of Questoriana has recently asked for a pontifical document ‘furnishing a doctrinal foundation of love and respect for life existing on the earth’. Mainstream moralists have urged, since the Axial Era, that it is human life that most demands love and respect. We realize and perfect our own humanity by recognizing humanity in every other, of whatever creed or race. Realizing that biological species are not natural kinds, more recent moralists have hoped to found moral decency either on (...)
     
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  24.  30
    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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  25.  33
    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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  26. The Decent Life, Equality, Global Justice and the Role of the State: A Response to Landesman and Holder.Gillian Brock - 2012 - Diametros 31:157-174.
    Cindy Holder and Bruce Landesman pose several interesting challenges for my account of Global Justice. In this article I address their concerns by discussing the content of what we owe one another. When we appreciate all the components of what it is to have a decent life, this will commit us to a much richer picture of what we owe one another than is commonly assumed when talking of decent lives. There is also considerable scope for concern with inequality when (...)
     
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  27. 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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  28.  17
    Decentering Whiteness in Feminist Bioethics: Assisted Reproductive Technologies as an Illustrative Case.Karey A. Harwood - 2018 - In Lisa Campo-Engelstein & Paul Burcher, 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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  29.  35
    The Decentering of Reason.Daniel Berthold-Bond - 1993 - International Studies in Philosophy 25 (1):9-25.
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  30.  34
    Self-decentering: Derrida incorporated.Hugh J. Silverman - 1978 - Research in Phenomenology 8 (1):45-65.
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  31. 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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  32.  33
    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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  33. Temporal decentering and the development of temporal concepts.Teresa McCormack & Christoph Hoerl - 2008 - In Peter Indefrey & Marianne Gullberg, 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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  34.  31
    Decentering ‹Colonial' Science.Steven French - 2007 - Metascience 16 (3):543-547.
  35. Paul Decentered: Reading 2 Corinthians with the Corinthian Women.[author unknown] - 2019
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  36. Decentering Europe: The Contemporary Crisis in Culture, A Memorial Lecture for James Snead.Cornel West - unknown
    What I want to argue is that when we talk about contemporary crisis in culture, the one way of beginning to come to terms with this is having to historicize and pluralize and contextualize the postmodernism debate. How does that relate to the vocation of the intellectual, given the challenge of the technical intelligentsia, given the challenge of the middlebrow journalist? What kind of role and function can the humanistic intellectual have in advanced capitalist society, given his or her placement (...)
     
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  37.  17
    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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  38.  13
    The Decentered Philosophical Canon.Ángeles Eraña, Zenia Yébenes Escardó & Alejandra Ramírez Ángeles - 2024 - Epoché: A Journal for the History of Philosophy 29 (1):145-159.
    The Mexican Network of Women Philosophers has devoted its 2024 Permanent Seminar to reflect upon the slogan “Decentering the Canon to think ourselves today”. The idea supporting the slogan is partly motivated by a concern regarding how the necessary critiques to the Philosophical Canon have often been formulated in terms of the indispensability to add voices to it, or as a recommendation to stop reading some of the texts that have traditionally made it up. Even while these positions have (...)
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  39.  14
    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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  40.  25
    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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  41. Decentered scientific agendas and decentralized actors and capacities in Patagonian science.Ronald Cancino, Cristina Flores, Elías Barticevic & Hebe Vessuri - 2025 - In Leandro Rodriguez Medina & Sandra G. Harding, Decentralizing knowledges: essays on distributed agency. Durham: Duke University Press.
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  42. Decentered-ness : phenomenological explorations.Gunter Figal - 2014 - In Gert-Jan van der Heiden, Phenomenological Perspectives on Plurality. Boston: Brill.
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  43. Just (Decent? Mere?) War.Bat-Ami Bar On - 2005 - In Barbara S. Andrew, Jean Clare Keller & Lisa H. Schwartzman, Feminist Interventions in Ethics and Politics: Feminist Ethics and Social Theory. Lanham, MD: Rowman & Littlefield Publishers.
     
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  44.  53
    Decentering Humanity.Bernhard H. F. Taureck - 1998 - New Nietzsche Studies 2 (3-4):93-107.
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  45.  22
    Decentering the “West” and “China” in China–West Comparison.Karen Thornber - 2022 - Telos: Critical Theory of the Contemporary 2022 (199):65-73.
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  46. 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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  47. Responsible Innovation for Decent Nonliberal Peoples: A Dilemma?Pak-Hang Wong - 2016 - Journal of Responsible Innovation 3 (2):154-168.
    It is hard to disagree with the idea of responsible innovation (henceforth, RI), as it enables policy-makers, scientists, technology developers, and the public to better understand and respond to the social, ethical, and policy challenges raised by new and emerging technologies. RI has gained prominence in policy agenda in Europe and the United States over the last few years. And, along with its rising importance in policy-making, there is also a burgeoning research literature on the topic. Given the historical context (...)
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  48.  49
    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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  49.  14
    Continuous Decentering—Sextus and Dōgen.Chiara Robbiano - 2022 - Journal of Buddhist Philosophy 4:165-182.
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  50.  64
    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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