Results for 'class action'

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  1. Traditional Rules of Ethics: Time for a Compromise, 14GEO. J.Sarah Northway & Non-Traditional Class Action Financing Note - 2000 - Legal Ethics 241.
     
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  2.  45
    Class Actions in the United States and Israel: A Comparative Approach.Robert Klonoff & Alon Klement - 2018 - Theoretical Inquiries in Law 19 (1):151-202.
    Unlike most countries, the United States and Israel have employed the class action procedure for decades. This Article compares the two countries’ class action regimes and examines how the device has evolved in those countries. It examines the current procedures, as well as proposed reforms. It also compares class action statistics in the two countries relating to filings and outcomes. We demonstrate the many common features between the United States and Israeli class (...) procedures. As we illustrate, these common features have led to robust class action practices in both countries. At the same time, there are profound differences between the types of class actions filed and their outcomes. Thus, while Israel has many more class actions than the United States on a per capita basis, the cases are much less consequential from a monetary and subject matter perspective. We explore possible explanations for these observations. Furthermore, this study identifies features — utilized by the United States and Israel — that can serve as models for other countries that are adopting or amending their own class action regimes. (shrink)
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  3.  46
    Class Action Value.Catherine Piché - 2018 - Theoretical Inquiries in Law 19 (1):261-302.
    This Article attempts to clarify a proposition of certain Canadian authors that while class actions represent a significant part of our court activities, they may not truly be compensating our citizens. I argue that leading up to the present study, we did not know for certain whether a class action was an effective mechanism to compensate class members. Through empirical data collected up by the Class Actions Lab from the past twelve years from cases filed (...)
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  4.  46
    Hoffman v. Monsanto: Courts, Class Actions, and Perceptions of the Problem of GM Drift.Heather McLeod-Kilmurray - 2007 - Bulletin of Science, Technology and Society 27 (3):188-201.
    Hoffman v. Monsanto raises questions about the civil litigation system. Are courts appropriate institutions, and are class actions the appropriate procedure, for resolving disputes about genetically modified organisms (GMOs)? After addressing the institutional question, this article focuses on procedure. Although class actions are designed to empower group litigation, environmental class actions are rarely permitted. This is partly because their claims for private law actions seeking monetary compensation cause courts to focus on individual aspects of the problem, and (...)
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  5.  53
    Punitive damages and class actions.Francesco Parisi & Marta Cenini - unknown
    Punitive damages and class actions can be viewed as sharing a common economic function - creating optimal deterrence. This is a function that these remedies can best pursue in different domains. When a tortfeasor causes harm that affects many victims, the preferred remedy is a class action. This is especially so when the amount of compensatory damages are high.There are scenarios, however, in which imposing punitive damages represents the best solution. We identify some of these scenarios to (...)
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  6.  36
    The Global Class Action and Its Alternatives.Zachary D. Clopton - 2018 - Theoretical Inquiries in Law 19 (1):125-150.
    The “American-style” class action, when combined with private rights, is an important tool of American regulatory policy. And just as American regulation has global reach, the global class action is not unfamiliar to U.S. courts. Yet, global U.S. class actions are facing ever-stronger headwinds. In addition to the recent retrenchment of class actions and international litigation generally, U.S. courts have raised additional barriers to global class actions in particular. This Article’s first goal, therefore, (...)
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  7.  51
    (1 other version)Consumer Class Action.Congressman Bob Eckhardt - 1970 - Journal of Social Philosophy 1 (1):6-7.
  8.  27
    Class Actions.Jacques Cory - 2001 - In Chris Moon, Business ethics. London: Economist. pp. 227--231.
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  9.  85
    Class action dilemmas: the ethics of the Canadian DRAM settlement.Jasminka Kalajdzic - 2015 - Legal Ethics 18 (2):188-198.
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  10.  3
    The Value of the Class Action Mechanism in Emerging Markets: Insights from the First Special Representative Action in China.Yuqiang Cao, Zhiwu Chen, Samir Ghannam, Meiting Lu & Yaowen Shan - forthcoming - Journal of Business Ethics:1-33.
    There is a long-standing debate about whether the costs associated with the potential misuse of securities class action (SCA) litigation outweigh its benefits in strengthening investor protection. We address this debate by examining the market reaction to the ruling in China’s first SCA-style Special Securities Representative Action (SSRA), filed against Kangmei Pharmaceutical. We find that investors react positively to the ruling, suggesting that the adoption of SCA litigation is perceived as value-enhancing. Extending ethical decision-making theory, we show (...)
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  11. Tort Liability in the United States and Its Threat to Class Action Justice.Barbara LaBossiere - 2008 - Philosophy in the Contemporary World 15 (1):112-124.
    Class action lawsuits and the justice that they are supposed to enforce have become of great concem to legislators in recent years. The traditional ruIes of tort liability cannot completely support the court decisions that have been reached. The rulings, however, are clearly in the interest of giving victims the justice that they are due. Legal scholars, such as Jules Coleman, claim that the conflicts between tort liability and class action justice cannot be reconciled in our (...)
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  12.  80
    Tobacco Litigation: Statistics Permitted for Proof of Causation and Damages in Class Action.David M. Dudzinski - 2003 - Journal of Law, Medicine and Ethics 31 (1):161-163.
    In an ongoing class action suit against large tobacco companies, including Philip Morris, Inc., and R.J. Reynolds Tobacco Co., Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York issued an opinion on October 15, 2002 making statistical proof available to address plaintiffs’ common questions and prove required elements of consumer fraud.The dilemmas inherent in tobacco litigation as a mass tort action include overcoming the collective action problem, mobilizing appropriate and (...)
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  13.  50
    The American Class Action: From Birth to Maturity.Arthur R. Miller - 2018 - Theoretical Inquiries in Law 19 (1):1-45.
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  14.  78
    Long-shot class actions.Warren F. Schwartz - 2002 - Legal Theory 8 (3):297-311.
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  15.  43
    Rethinking the Relationship Between Public Regulation and Private Litigation: Evidence from Securities Class Action in China.Robin Hui Huang - 2018 - Theoretical Inquiries in Law 19 (1):333-361.
    China has a civil procedure for collective litigation, which is dubbed Chinese-style class action, as it differs from the U.S.-style class action in some important ways. Using securities class action as a case study, this Article empirically examines both the quantity and quality of reported cases in China. It shows that the number of cases is much lower than expected, but the percentage of recovery is significantly higher than that in the United States. Based (...)
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  16.  22
    Mind the Governance Gap: ESG-Related Litigation for Environmental Harm in the Kabwe Class Action.Priyanka Naidoo - 2025 - In Mikovhe Maphiri & Samuel O. Idowu, ESG Disclosures in the Southern African Development Community: Accountability, Shared Value and Regulatory Compliance. Cham: Springer Nature Switzerland. pp. 167-178.
    The business and human rights landscape has shifted significantly in the last two decades (Bilchitz & Deva, Human rights obligations of business: Beyond the corporate responsibility to respect?, pp. 1–26, 2013). Human rights are no longer seen as “add-on” issues to businesses and are progressively becoming the subject of litigation (Hackett et al., Envtl L Rep 50:10849, 2020). This chapter uses the Kabwe class action, which is currently before the Johannesburg High Court, to explore how issues of human (...)
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  17.  91
    Protection of Patient Autonomy via Consumer Protection Litigation: The Israeli Eltroxin Class Action as a Case Study.Tamar Gidron & Elad Schild - 2021 - Theoria 88 (6):1066-1085.
    The world famous Eltroxin saga of 2009–2011, which ignited heated public debates in Europe, Canada, and Australia, reveals the problematic nature of standalone autonomy protection cases. Eltroxin is a life-sustaining thyroid hormone replacement medicine used by millions worldwide; it was reformulated in 2008, and around 10% of patients were badly affected. Poor communication and lack of professional information triggered public hysteria as a global wave of complaints about harmful side effects, including hair loss, weight gain, extreme fatigue, headaches, diarrhoea, and (...)
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  18.  32
    The Regime Politics Origins of Class Action Regulation.Agustín Barroilhet - 2018 - Theoretical Inquiries in Law 19 (1):363-394.
    This Article highlights that when procedural rules are legislated and there is substantial coordination between the executive and legislative branches, procedures with potential structural impact are weighted against alternative means of policymaking and implementation. This makes many Continental law countries, parliamentary countries, and countries governed by solid national majorities with substantial control over elected branches, and in general places where power is less fragmented, less likely to encourage American-style class actions. This is manifested in legislative choices of a private (...)
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  19.  48
    Can and Should the New Third-Party Litigation Financing Come to Class Actions?Brian T. Fitzpatrick - 2018 - Theoretical Inquiries in Law 19 (1):109-123.
    In the United States, there has been tremendous growth in a form of third-party litigation financing where investors buy pieces of lawsuits from plaintiffs. Many scholars believe that this new financing helps to balance the risk tolerance of plaintiffs and defendants and thereby facilitates the resolution of litigation in a way that more closely tracks the goals of the substantive law. In this Article, I ask whether these risk-balancing virtues of claim investing carry over into class action cases. (...)
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  20. Breach of antitrust rules and consumer protection : class action and private enforcement in Italy and the U.S.A.Adele Pastena - 2016 - In Giuseppe Limone, Ars boni et aequi: il diritto fra scienza, arte, equità e tecnica. Milano: F. Angeli.
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  21.  87
    Epistemic Class Injustice: Class Composition and Industrial Action.Kenneth Novis - 2024 - Social Epistemology 38 (5):593-606.
    Writings on epistemic injustice have assessed how people can be harmed in their capacity as knowers when they are a racial minority, a woman, disabled and so on. But what about when they belong to the working class? This paper is an initial attempt to understand why class has so far received limited attention within writings on epistemic injustice and to respond to these reasons. It focuses on how testimonial and hermeneutic injustices specifically harm workers in ways distinctive (...)
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  22.  2
    The Prohibition of Relitigating Decided Issues, Virtual Representation and Class Actions. The Concern with the Individual Right to a Day in Court.Luiz Guilherme Marinoni - 2026 - In Res Judicata and Collateral Estoppel. Cham: Springer Nature Switzerland. pp. 63-85.
    This chapter explores the conceptual connection between collateral estoppel and the preclusion doctrine of virtual representation. It points out the difference between estoppel, which can only benefit nonparties, and virtual representation, which allows nonparties to be adversely bound by judgments. This chapter also offers an account of the jurisprudential debate in American law about the appropriateness of virtual representation and the related Supreme Court precedents to show how this doctrine must not be taken pro tanto as adequate representation, a due (...)
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  23.  49
    A Combination of Action Research and Reflective Journal Writing in an English as a Foreign Language Class: Learners’ Psychological Point of Views and Their Grammar Use in Writing.Soheila Tahmasbi, Shabnam Karimnia & Ali Rahimi - 2022 - Frontiers in Psychology 13.
    Action research and reflective thinking can enhance learning since both processes provide students with the opportunities to step back and think about how they actually solve problems. While there is a robust academic inquiry on reflection practices and AR in the educational setting, investigating learners’ reflections through AR practices can shed more light on related research. This study implemented reflective journal writing through AR and aimed to investigate the participants’ views about reflective journal writing, the effects of journal writing (...)
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  24.  21
    L'action; classe philosophie et propédeutique.Leon Meynard - 1963 - Paris,: Librairie classique E. Belin.
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  25.  17
    Social Class, Social Action and Education: The Failure of Progressive Democracy. By Aaron Schutz. [REVIEW]Andy Furlong - 2012 - Journal of Philosophy of Education 46 (2):303-304.
    The title of this book is perhaps a little misleading, giving the impression that it has a contemporary focus in which the relationship between social class and educational experiences are explored. In reality the focus is strongly historical with in-depth discussions of the contributions of relatively unknown commentators and schools of thought. The book is also very American in focus, both in terms of its philosophical framing and it's policy focus. As a sociologist with an interest in social (...) and educational inequalities, I learnt things about the early development of the American class structure that were novel and enlightening, yet found much of the material narrow and even tedious. (shrink)
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  26.  57
    Verb-based versus class-based accounts of actionality effects in children's comprehension of passives.Peter Gordon & Jill Chafetz - 1990 - Cognition 36 (3):227-254.
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  27.  70
    Semantic similarity and grammatical class in naming actions.Gabriella Vigliocco, David P. Vinson & Simona Siri - 2005 - Cognition 94 (3):B91-B100.
  28.  29
    Nationalism, Race-Class Consciousness, Action Research on Bougainville Island, Papua New Guinea.Alexander F. Mamak - 1979 - In Gerrit Huizer & Bruce Mannheim, The Politics of Anthropology: From Colonialism and Sexism Toward a View from Below. Berlin, New York: De Gruyter Mouton. pp. 447-460.
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  29.  54
    Class Analysis and the Emancipatory Potential of Education.Jessica Gerrard - 2013 - Educational Theory 63 (2):185-202.
    Recently, a range of educational theorists have explored and extended upon popular currents in political theory through articulating “open” and “unknowing” pedagogies. Such contributions represent a radical turn away from the presumed “universals” found in proclamations of justice and emancipation and, ultimately, the centering of class analysis. At the same time, inspired by and building upon Bourdieuian theory, another cluster of educational research has developed a nuanced understanding of the social, cultural, and educational mechanisms involved in class reproduction. (...)
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  30. The reference class problem is your problem too.Alan Hájek - 2007 - Synthese 156 (3):563--585.
    The reference class problem arises when we want to assign a probability to a proposition (or sentence, or event) X, which may be classified in various ways, yet its probability can change depending on how it is classified. The problem is usually regarded as one specifically for the frequentist interpretation of probability and is often considered fatal to it. I argue that versions of the classical, logical, propensity and subjectivist interpretations also fall prey to their own variants of the (...)
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  31.  38
    Active Focus Group Research with Follow-up Interviews/Conversations and Actions: Responsibly Re-exploring Race(d) and Classed Relations.Norma R. A. Romm - 2018 - In Responsible Research Practice: Revisiting Transformative Paradigm in Social Research. Cham: Springer Verlag. pp. 45-96.
    In this chapter I consider some possibilities for responsible research practice geared to reviewing race(d) relations (and their link to classed relations). I discuss in depth an example of research in South Africa which involved initially setting up a cross-racial Focus group, which was then followed up with one-to-one interviews/conversations and group Conversation. The research is set in Margate, and was initiated by me. Because this example concerns issues of “race” and racism in South Africa, I open the chapter with (...)
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  32. Rationality and Revolution: A Response to Holmstrom on the Logic of Working Class Collective Action.James Johnson - 1987 - Canadian Journal of Philosophy 17 (1):167 - 174.
    In ‘Rationality and Revolution’ Nancy Holmstrom addresses an issue that has gained considerable currency among social and political theorists. She asks what insight, if any, Marxists might glean from rational choice accounts of radical working class collective action. The purpose of this comment is to argue that Holmstrom’s unfavorable estimation of rational choice accounts is ill-conceived.Holmstrom raises two basic objections to rational choice explanations of working class collective action. First, she contends that such accounts are limited, (...)
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  33. Class Consciousness and Political Agency: A Conceptual Reconstruction for the Twenty-First Century.Benjamin E. Curtis - 2020 - Dissertation, University of Memphis
    This dissertation aims to analyze, clarify, and reconstruct the concept of class consciousness by developing a dialectical account of political agency at work in the concept. I defend a dialectical account of agency, that includes both the way in which individuals come together to form groups, but also the capacity of a collective to transform social conditions. I argue that this account of political agency is necessary in order to understand the possibility of social transformation or change. I trace (...)
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  34. Race, Class, Gender, and Sexuality: The Big Questions.James Wong - 2001 - Dialogue 40 (2):426-428.
    Race, Class, Gender, and Sexuality: The Big Questions is a welcome addition to the crop of anthologies on “contemporary issues.” In the past, the tag “contemporary issues” meant abortion, pornography, euthanasia, affirmative action, and the other usual suspects. Anthology after anthology dealt with these same life-and-death issues, often reproducing the same articles. But that has changed in the last couple of years as interest in topics such as sexuality, gender, race, nationalism, and multiculturalism has reanimated the field.
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  35. Speech Classes During COVID-19 Pandemic: Challenges Faced by the Classroom Teachers.Louie Gula - 2022 - Pakistan Journal of Distance and Online Learning 8 (1):53-70.
    The research study aimed at assessing the various difficulties that speech teachers had in delivering lessons during the distance learning era. The various phenomena and themes that emerged from the survey were determined using a descriptive research design. The survey was conducted to collect information about the various characteristics and behavior of speech teachers. It also explored the factors that influenced their decisions and actions when it came to addressing the pandemic. The repeated themes that emerged, include low motivation, altered (...)
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  36.  78
    (1 other version)Class in the Classroom: Engaging Hidden Identities.Peter W. Wakefield - 2001 - Metaphilosophy 32 (4):427-447.
    Using Marcuse's theory of the total mobilization of advanced technology society along the lines of what he calls “the performance principle,” I attempt to describe the complex composition of class oppression in the classroom. Students conceive of themselves as economic units, customers pursuing neutral interests in a morally neutral, socio‐economic system of capitalist competition. The classic, unreflective conception of the classroom responds to this by implicitly endorsing individualism and ideals of humanist citizenship. While racism and cultural diversity have come (...)
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  37.  65
    Employers and the Politics of Skill Formation in a Coordinated Market Economy: Collective Action and Class Conflict in Norway.John R. Bowman - 2005 - Politics and Society 33 (4):567-594.
    This article uses a case study of vocational training in Norway to explore the conditions under which employers will cooperate to increase the skill level of their workforce. It generates two sets of insights into the political economy of training in coordinated market economies. First, by demonstrating that cooperation among employers was a recent achievement that required the creation of specific, targeted mechanisms, it suggests that a cooperative outcome is difficult to attain, even amid the generally hospitable institutional environment characteristic (...)
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  38. Collective actions.Christopher Hodges - 2010 - In Peter Cane & Herbert M. Kritzer, The Oxford handbook of empirical legal research. New York: Oxford University Press.
    This article examines the phenomenon of collective or aggregate civil litigation, manifested in different forms as a class action, representative action, or group action. Different countries have adopted different models of collective civil litigation. This diversity presents a challenge in drawing comparisons, and raises the need to study the different techniques involved. This article summarizes the adoption of a technical perspective. Following this, the article reviews the availability and limitations of the research techniques in relation to (...)
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  39. Basic Actions and Individuation.Constantine Sandis - 2010 - In Timothy O'Connor & Constantine Sandis, A Companion to the Philosophy of Action. Malden, MA: Wiley-Blackwell. pp. 10–17.
    This chapter contains sections titled: Basic Actions Action Individuation References Further reading.
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  40. Spectral Reordering of the Periodic Table: M3(C) Automorphism Classes as the Algebraic Foundation of Chemical Periodicity.T. O. - 2026 - Zenodo.
    The periodic table of elements, established empirically by Mendeleev in 1869, has been explained post-hoc by quantum mechanical electron configuration rules. Its primary ordering axis — atomic number Z, a count of protons — presupposes particle ontology at every level. Several structural anomalies persist within this framework: hydrogen's dual chemical character, helium's ambiguous placement, and the discontinuous displacement of lanthanides and actinides from the main table body. These anomalies have no Tier-1 justification within the current framework. -/- This paper derives (...)
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  41. Using action science to incorporate AI as a conversational agent in the college psychology classroom.Shantanu Tilak & Nathan C. Prince - 2026 - Lecture Notes in Networks and Systems 1869.
    This design study, conducted with 41 undergraduate students enrolled in an introductory college psychology class, describes a practical method for professors and learners to use action science and Gordon Pask’s cybernetics to co-design curricula fit for the Information Age by jointly bringing past experiences, acting, and reflecting as they use AI and other cutting-edge technologies in class, and in their everyday lives. Two cycles of experience, action, and reflection are described. Pask’s cybernetics is used to visualize (...)
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  42.  90
    Actions Arising from Intersection and Union.Alex Kruckman & Lawrence Valby - 2016 - Journal of Logic, Language and Information 25 (2):139-161.
    An action is a pair of sets, C and S, and a function \. Rothschild and Yalcin gave a simple axiomatic characterization of those actions arising from set intersection, i.e. for which the elements of C and S can be identified with sets in such a way that elements of S act on elements of C by intersection. We introduce and axiomatically characterize two natural classes of actions which arise from set intersection and union. In the first class, (...)
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  43. Gender, Class and Ideology: The Social Function of Virgin Sacrifice in Euripides' Children of Herakles.David Kawalko Roselli - 2007 - Classical Antiquity 26 (1):81-169.
    This paper explores how gender can operate as a disguise for class in an examination of the self-sacrifice of the Maiden in Euripides' Children of Herakles. In Part I, I discuss the role of human sacrifice in terms of its radical potential to transform society and the role of class struggle in Athens. In Part II, I argue that the representation of women was intimately connected with the social and political life of the polis. In a discussion of (...)
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  44.  34
    Class-based differences in moral judgment: A bayesian approach.Andreas Tutić - 2024 - Theory and Society 53 (6):1441-1472.
    This study employs Bayesian inference to explore class-based differences in moral judgment. Based on the dual-process perspective in interdisciplinary action theory, we estimate in a first step a process model which differentiates parametrically between emotionally driven deontological, deliberatively driven utilitarian, and residual judgmental inclinations. In a second step, our estimates of these parameters are correlated via beta regressions with indicators of social class and thinking dispositions. We find a considerable association between social class, specifically income, and (...)
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  45. One-Class-Based Intelligent Classifier for Detecting Anomalous Situations During the Anesthetic Process.Alberto Leira, Esteban Jove, Jose M. Gonzalez-Cava, José-Luis Casteleiro-Roca, Héctor Quintián, Francisco Zayas-Gato, Santiago Torres Álvarez, Svetlana Simić, Juan-Albino Méndez-Pérez & José Luis Calvo-Rolle - 2022 - Logic Journal of the IGPL 30 (2):326-341.
    Closed-loop administration of propofol for the control of hypnosis in anesthesia has evidenced an outperformance when comparing it with manual administration in terms of drug consumption and post-operative recovery of patients. Unlike other systems, the success of this strategy lies on the availability of a feedback variable capable of quantifying the current hypnotic state of the patient. However, the appearance of anomalies during the anesthetic process may result in inaccurate actions of the automatic controller. These anomalies may come from the (...)
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  46. Action, Intention and ‘Double Effect’.G. E. M. Anscombe - 2005 - In Mary Geach & Luke Gormally, Human life, action and ethics: essays by GEM Anscombe. Imprint Academic. pp. 12-25.
    Introduction: It is customary in the dominant English and related schools of philosophy to restrict the terms “action” or “agency.” That is, when the topic is ‘philosophy of action’. This is often done by an appeal to intuition about a few examples. If I fall over, you wouldn’t usually call that an action on my part; it’s not something that I do, it is rather something that happens to me. Donald Davidson has made a more serious attempt (...)
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  47.  23
    Class After Industry: A Complex Realist Approach.David Byrne - 2019 - Cham: Imprint: Palgrave Pivot.
    The transition to twenty-first century post-industrial capitalism from the 'welfare' industrial capitalism of the twentieth century, has affected the ways in which class is lived in terms of relational inequality and the factors that structure identity. Class After Industry takes a complex realist approach to the dynamics of individual lives, places, the social structure and analyses their significance in terms of class. A wide range of quantitative and qualitative studies are drawn on to explore how 'life after (...)
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  48. Plural Action.Hans Bernhard Schmid - 2008 - Philosophy of the Social Sciences 38 (1):25-54.
    In this paper, I distinguish three claims, which I label individual intentional autonomy, individual intentional autarky, and intentional individualism. The autonomy claim is that under normal circumstances, each individual's behavior has to be interpreted as his or her own action. The autarky claim is that the intentional interpretation of an individual's behavior has to bottom out in that individual's own volitions, or pro-attitudes. The individualism claim is weaker, arguing that any interpretation of an individual's behavior has to be given (...)
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  49.  72
    A Review of “Social Class, Social Action, and Education: The Failure of Progressive Democracy”.Richard A. Brosio - 2014 - Educational Studies: A Jrnl of the American Educ. Studies Assoc 50 (3):299-301.
  50. Education and the middle classes: Against reductionism in educational theory and research.John Beck - 2007 - British Journal of Educational Studies 55 (1):37-55.
    This paper critiques what it sees as a tendency on the part of certain social researchers to engage in moralistic critiques of middle-class parents, especially in relation to the choices and actions of such parents within educational quasi-markets. It proceeds to a linked critique of the influence within education of certain aspects of the work of Pierre Bourdieu, with particular reference to the concepts of symbolic violence and the depiction of cultural meanings as arbitrary. It is argued that both (...)
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