Results for 'defendants'

289+ found
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  1.  70
    Real realism: The galilean strategy, Philip Kitcher.Intentionalism Defended - 2001 - Philosophy 76 (2).
  2. Stephen Macedo.Defending Liberal Civic Education - 1995 - Journal of Philosophy of Education 29 (2-3):223.
     
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  3. ”British philosophy past, present and future.^ Philosophers'\ I „-4>'magazine K'.Ge Moore, Defending Animal Rights & Socrates Cafe - 2001 - The Philosophers' Magazine 13:5.
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  4. The Red Cross and the Holocaust. By.Must We Defend Nazis & Hate Speech - 2002 - The European Legacy 7 (5):657-678.
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  5.  53
    Positive relevance: A defense and a challenge.Sherrilyn Roush, Peter Achinstein & Positive Relevance Defended - 2005 - In Peter Achinstein, Scientific Evidence: Philosophical Theories & Applications. The Johns Hopkins University Press.
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  6. Gender Justice or Gendered Justice? Female Defendants in International Criminal Tribunals.Natalie Hodgson - 2017 - Feminist Legal Studies 25 (3):337-357.
    Recent scholarship has given increasing attention to studying women’s involvement in conflict and mass violence. However, there is comparatively less discussion of the experiences of women as actors and perpetrators in conflict, and limited discussion of women as defendants in international criminal tribunals. This article explores this under-researched area. By analysing legal materials from the cases of six female defendants, this article investigates the extent to which legal discourses are shaped by stereotypes regarding femininity, conflict and peace. It (...)
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  7. Replaceable Lawyers and Guilty Defendants.Brian Talbot - 2017 - Journal of Moral Philosophy 14 (1):23-47.
    Many criminal lawyers should expect that, were they to not defend a certain client, someone no less capable would do so. It is morally wrong for such attorneys to defend defendants who should be punished. This is true even if we grant that the defendant’s right to be defended outweighs any rights that might be infringed by the defense and that the benefits of defending are greater than the harm. Nor does this argument depend on any particular view of (...)
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  8.  42
    Plaintiffs' and Defendants' Preliminary Outlines of the Legal Issues and Proof.McLean V. Arkansas - 1982 - Science, Technology and Human Values 7 (3):14-27.
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  9. Medical practice: defendants and prisoners.P. Bowden - 1976 - Journal of Medical Ethics 2 (4):163-172.
    It is argued in this paper that a doctor cannot serve two masters. The work of the prison medical officer is examined and it is shown that his dual allegiance to the state and to those individuals who are under his care results in activities which largely favour the former. The World Health Organisation prescribes a system of health ethics which indicates, in qualitative terms, the responsibility of each state for health provisions. In contrast, the World Medical Association acts as (...)
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  10. The Language of Defendants in the 17th-century English Courtroom: A Socio-pragmatic Analysis of the Prisoners’ Interactional Role and Representation. - 2012
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  11.  33
    The Attractive Criminal: Do Defendants' Attractiveness, Crime, and Juror Gender Affect Punitiveness and Verdict?Victoria Tumilty - 2022 - Aletheia: The Alpha Chi Journal of Undergraduate Scholarship 7 (2).
  12. Recent Developments in Health Law: Constitutional Law: Despite Reservations, the Second Circuit Defers to State Court's Determination That a Preponderance of the Evidence Standard is Constitutional for Recommitment of NRRMDD Defendants – Ernst J. v. Stonea.Erika Wilkinson - 2006 - Journal of Law, Medicine and Ethics 34 (4):826-828.
    The United States Court of Appeals for the Second Circuit recently upheld United States District Court for the Eastern District of New York Judge's denial of petitioner's application for a writ of habeas corpus. The Court held that it was not objectively unreasonable for the Appellate Division to conclude, in light of clearly established federal law as expressed by the Supreme Court of the United States, that a New York statute providing for the recommitment of specific defendants who plead (...)
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  13.  20
    When the Death Penalty Is Not an Option: Procedural and Linguistic Strategies in Sentencing Palestinian Defendants in Military Courts’ Terrorism Cases.Shai Farber & Edna Erez - 2026 - Criminal Justice Ethics 45 (1):1-22.
    Israel’s military courts are legally authorized to impose capital punishment in terrorism cases, yet no executions have been carried out since their establishment in 1967. This study examines how military judges systematically navigate between maintaining capital punishment as a theoretical option while consistently avoiding its imposition or implementation. Drawing on Dan-Cohen’s concepts of “acoustic separation” and “selective transmission,” the analysis reveals three interconnected judicial strategies to avert the death penalty: procedural mechanisms creating administrative barriers to execution; strategic use of religious (...)
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  14.  63
    Humanity, International Crime, and the Rights of Defendants.Larry May - 2006 - Ethics and International Affairs 20 (3):373-382.
  15.  56
    Dialogic Analysis of Discourses Mobilized by Defendants Accused of Femicide in Jury Trial.Adriana Delmira Mendes Polato, Andreia Aparecida de Souza & Neil Franco - forthcoming - Bakhtiniana.
    RESUMO O objetivo do artigo é analisar como se constituem axiologicamente os discursos de réus do crime de feminicídio no Tribunal do Júri. Sob perspectiva da Análise Dialógica do Discurso (ADD), analisamos dois depoimentos de assassinos, colhidos no triênio 2018-2020. A partir das camadas componentes da dimensão extralinguística dos enunciados eleitos para análise, os resultados apontam: a) no cronotopo do Júri, os discursos dos réus se manifestam defensivo-vitimistas-acusativos; b) na esfera ideológica jurídica, constituem-se híbridos, íntimo-cotidianos, morais e legais; c) na (...)
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  16.  55
    Adopting good samaritan immunity for defendants in the horse industry.Terence J. Centner - 1995 - Agriculture and Human Values 12 (3):69-78.
    Interest groups are advancing new statutory provisions to limit the liability of persons involved in equine activities. The first statute was adopted in Washington State five years ago, and subsequently twenty-nine other states have proceeded to adopt legislation regarding this issue. The new statutes, termed “Equine Liability Statutes,” provide immunity from liability for injuries and death arising from ordinary risks of equine activities. Drawing from policies involving the provision of assistance for needy interest groups and voluntary social prerequisites, two recommendations (...)
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  17.  37
    Book review: Elisabetta Cecconi, The Language of Defendants in the 17th-century English Courtroom: A Socio-pragmatic Analysis of the Prisoners’ Interactional Role and Representation.Isamar Coromoto Carrillo Masso - 2014 - Discourse Studies 16 (3):431-432.
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  18.  66
    Supreme Court Limits Permissible Scope of Government’s Ability to Force Medication of Mentally Ill Defendants.Mayelin Prieto-Gonzalez - 2003 - Journal of Law, Medicine and Ethics 31 (4):737-739.
    On June 16, 2003, the Supreme Court ruled that forced administration of antipsychotic drugs to a defendant facing serious criminal charges is appropriate in order to render that defendant competent to stand trial, but only in limited circumstances. The treatment must be medically appropriate, substantially unlikely to have side effects that may undermine the fairness of the trial, and necessary to significantly further important government interests, after taking account of less-intrusive alternatives.Charles Sell, a former dentist, had a long history of (...)
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  19. Equality and Right to Development as Neuroethical Concerns: Assuring Defendants' Rights.Ana Rosa Tenorio de Amorim - 2008 - American Journal of Bioethics 8 (1):28-30.
  20. Defending Life: A Moral and Legal Case Against Abortion Choice.Francis J. Beckwith - 2007 - Cambridge University Press.
    Defending Life is arguably the most comprehensive defense of the pro-life position on abortion - morally, legally, and politically - that has ever been published in an academic monograph. It offers a detailed and critical analysis of Roe v. Wade and Planned Parenthood v. Casey as well as arguments by those who defend a Rawlsian case for abortion-choice, such as J. J. Thomson. The author defends the substance view of persons as the view with the most explanatory power. The substance (...)
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  21. Defending interest-relative invariantism.Brian Weatherson - 2011 - Logos and Episteme 2 (4):591-609.
    I defend interest-relative invariantism from a number of recent attacks. One common thread to my response is that interest-relative invariantism is a muchweaker thesis than is often acknowledged, and a number of the attacks only challenge very specific, and I think implausible, versions of it. Another is that a number of the attacks fail to acknowledge how many things we have independent reason to believe knowledge is sensitive to. Whether there is a defeater for someone's knowledge can be sensitive to (...)
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  22. Defending the Axioms: On the Philosophical Foundations of Set Theory.Penelope Maddy - 2011 - Oxford, England: Oxford University Press.
    Mathematics depends on proofs, and proofs must begin somewhere, from some fundamental assumptions. For nearly a century, the axioms of set theory have played this role, so the question of how these axioms are properly judged takes on a central importance. Approaching the question from a broadly naturalistic or second-philosophical point of view, Defending the Axioms isolates the appropriate methods for such evaluations and investigates the ontological and epistemological backdrop that makes them appropriate. In the end, a new account of (...)
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  23. Defending the medium‐independence of computation.Zoe Drayson - 2025 - Mind and Language 40 (4):458-467.
    The computational properties of a system are generally thought to be independent in some sense from its physical properties, in virtue of the fact that computation is a formally characterized concept. Several philosophers have recently challenged the idea that such “medium‐independence” is an essential feature of computation by arguing that some kinds of computation lack medium‐independence. This paper explores and rejects three such arguments in an attempt to defend the essential medium‐independence of computation.
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  24. (1 other version)Defending double effect.Ralph Wedgwood - 2011 - Ratio 24 (4):384-401.
    This essay defends a version of the Doctrine of Double Effect (DDE) – the doctrine that there is normally a stronger reason against an act that has a bad state of affairs as one of its intended effects than against an otherwise similar act that has that bad state of affairs as an unintended effect. First, a precise account of this version of the DDE is given. Secondly, some suggestions are made about why we should believe the DDE, and about (...)
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  25. Defending Discontinuism, Naturally.Sarah Robins - 2020 - Review of Philosophy and Psychology 11 (2):469-486.
    The more interest philosophers take in memory, the less agreement there is that memory exists—or more precisely, that remembering is a distinct psychological kind or mental state. Concerns about memory’s distinctiveness are triggered by observations of its similarity to imagination. The ensuing debate is cast as one between discontinuism and continuism. The landscape of debate is set such that any extensive engagement with empirical research into episodic memory places one on the side of continuism. Discontinuists concerns are portrayed as almost (...)
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  26.  88
    Defending levels by trading waves for trees.Carl F. Craver - 2025 - Synthese 205 (4):1-12.
    I defend the concept of levels of mechanisms, and principled pluralism about levels more generally, against the criticisms of global eliminativists. I distinguish two ways of thinking about levels—one as waves of regularity and predictability, and the other as branches in a tree of composition—that often are conflated with one another. I show that the eliminativist’s criticisms apply only to the wave view and not to the tree view and argue that the resulting mechanistic analysis of levels is untouched by (...)
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  27. Egalitarianism defended.Larry S. Temkin - 2003 - Ethics 113 (4):764-782.
    In "Equality, Priority, and Compassion," Roger Crisp rejects both egalitarianism and prioritarianism. Crisp contends that our concern for those who are badly off is best accounted for by appealing to "a sufficiency principle" based -- indirectly, via the notion of an impartial spectator -- on compassion for those who are badly off" (p. 745). A key example of Crisp's is the Beverly Hills case (discussed below). This example is directed against prioritarianism, but it also threatens egalitarianism. In this article, I (...)
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  28. Defending contingentism in metaphysics.Kristie Miller - 2009 - Dialectica 63 (1):23-49.
    Metaphysics is supposed to tell us about the metaphysical nature of our world: under what conditions composition occurs; how objects persist through time; whether properties are universals or tropes. It is near orthodoxy that whichever of these sorts of metaphysical claims is true is necessarily true. This paper looks at the debate between that orthodox view and a recently emerging view that claims like these are contingent, by focusing on the metaphysical debate between monists and pluralists about concrete particulars. This (...)
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  29. Defending Laws in the Social Sciences.Harold Kincaid - 1990 - Philosophy of the Social Sciences 20 (1):56-83.
    This article defends laws in the social sciences. Arguments against social laws are considered and rejected based on the "open" nature of social theory, the multiple realizability of social predicates, the macro and/or teleological nature of social laws, and the inadequacies of belief-desire psychology. The more serious problem that social laws are usually qualified ceteris paribus is then considered. How the natural sciences handle ceteris paribus laws is discussed and it is argued that such procedures are possible in the social (...)
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  30.  28
    Defending Rorty: Pragmatism and Liberal Virtue.William McAllister Curtis - 2015 - New York, NY: Cambridge University Press.
    Liberal democracy needs a clear-eyed, robust defense to deal with the increasingly complex challenges it faces in the twenty-first century. Unfortunately much of contemporary liberal theory has rejected this endeavor for fear of appearing culturally hegemonic. Instead, liberal theorists have sought to gut liberalism of its ethical substance in order to render it more tolerant of non-liberal ways of life. This theoretical effort is misguided, however, because successful liberal democracy is an ethically demanding political regime that requires its citizenry to (...)
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  31. Defending the Correspondence Theory of Truth.Joshua L. Rasmussen - 2014 - Cambridge, United Kingdom: Cambridge University Press.
    The correspondence theory of truth is a precise and innovative account of how the truth of a proposition depends upon that proposition's connection to a piece of reality. Joshua Rasmussen refines and defends the correspondence theory of truth, proposing new accounts of facts, propositions, and the correspondence between them. With these theories in hand, he then offers original solutions to the toughest objections facing correspondence theorists. Addressing the Problem of Funny Facts, Liar Paradoxes, and traditional epistemological questions concerning how our (...)
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  32. Defending Philosophy in the Face of Systematic Disagreement.Sanford Goldberg - 2012 - In Diego E. Machuca, Disagreement and skepticism. New York: Routledge. pp. 277-294.
    I believe that the sort of disagreements we encounter in philosophy—disagreements that often take the form that I have elsewhere called system- atic peer disagreements—make it unreasonable to think that there is any knowledge, or even justified belief, when the disagreements themselves are systematic. I readily acknowledge that this skeptical view is quite controversial; I suspect many are unconvinced. However, I will not be defending it here. Rather, I will be exploring a worry, or set of worries, that arise on (...)
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  33. Defending a sensitive neo-Moorean invariantism.Tim Black - 2007 - In Vincent Hendricks, New Waves in Epistemology. Aldershot, England and Burlington, VT, USA: Palgrave-Macmillan. pp. 8--27.
    I defend a sensitive neo-Moorean invariantism, an epistemological account with the following characteristic features: (a) it reserves a place for a sensitivity condition on knowledge, according to which, very roughly, S’s belief that p counts as knowledge only if S wouldn’t believe that p if p were false; (b) it maintains that the standards for knowledge are comparatively low; and (c) it maintains that the standards for knowledge are invariant (i.e., that they vary neither with the linguistic context of the (...)
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  34. Defending the Traditional Interpretations of Kant’s Formula of a Law of Nature.Samuel J. M. Kahn - 2019 - Theoria 66 (158):76-102.
    In this paper I defend the traditional interpretations of Kant’s Formula of a Law of Nature from recent attacks leveled by Faviola Rivera-Castro, James Furner, Ido Geiger, Pauline Kleingeld and Sven Nyholm. After a short introduction, the paper is divided into four main sections. In the first, I set out the basics of the three traditional interpretations, the Logical Contradiction Interpretation, the Practical Contradiction Interpretation and the Teleological Contradiction Interpretation. In the second, I examine the work of Geiger, Kleingeld and (...)
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  35. Defending the Democratic Argument for Limitarianism: A Reply to Volacu and Dumitru.Dick Timmer - 2019 - Philosophia 47 (4):1331-1339.
    In this paper, I argue that limitarian policies are a good means to further political equality. Limitarianism, which is a view coined and defended by Robeyns, is a partial view in distributive justice which claims that under non-ideal circumstances it is morally impermissible to be rich. In a recent paper, Volacu and Dumitru level two arguments against Robeyns’ Democratic Argument for limitarianism. The Democratic Argument states that limitarianism is called for given the undermining influence current inequalities in income and wealth (...)
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  36. Defending luck egalitarianism.Nicholas Barry - 2006 - Journal of Applied Philosophy 23 (1):89–107.
    abstract This article defends luck egalitarianism as an interpretation of the egalitarian ideal against two major criticisms levelled against it by Elizabeth Anderson — that it is trapped in the distributive paradigm, and that it treats the victims of bad option luck too harshly to be considered an egalitarian theory. Against the first criticism, I argue that luck egalitarianism will condemn non‐material inequalities and injustices if an appropriate conception of well‐being is adopted. I demonstrate this by showing how the approach (...)
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  37. Defending abduction.Ilkka Niiniluoto - 1999 - Philosophy of Science 66 (3):451.
    Charles S. Peirce argued that, besides deduction and induction, there is a third mode of inference which he called " hypothesis " or " abduction." He characterized abduction as reasoning " from effect to cause," and as " the operation of adopting an explanatory hypothesis." Peirce ' s ideas about abduction, which are related also to historically earlier accounts of heuristic reasoning, have been seen as providing a logic of scientific discovery. Alternatively, abduction is interpreted as giving reasons for pursuing (...)
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  38. Defending the wide-scope approach to instrumental reason.Jonathan Way - 2008 - Philosophical Studies 147 (2):213 - 233.
    The Wide-Scope approach to instrumental reason holds that the requirement to intend the necessary means to your ends should be understood as a requirement to either intend the means, or else not intend the end. In this paper I explain and defend a neglected version of this approach. I argue that three serious objections to Wide-Scope accounts turn on a certain assumption about the nature of the reasons that ground the Wide-Scope requirement. The version of the Wide-Scope approach defended here (...)
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  39. Defending musical perdurantism.Ben Caplan & Carl Matheson - 2006 - British Journal of Aesthetics 46 (1):59-69.
    If musical works are abstract objects, which cannot enter into causal relations, then how can we refer to musical works or know anything about them? Worse, how can any of our musical experiences be experiences of musical works? It would be nice to be able to sidestep these questions altogether. One way to do that would be to take musical works to be concrete objects. In this paper, we defend a theory according to which musical works are concrete objects. In (...)
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  40. Defending hypothetical intentionalism.Jerrold Levinson - 2010 - British Journal of Aesthetics 50 (2):139-150.
    I here defend hypothetical intentionalism, the view of literary and cinematic interpretation that I endorse, from some recent criticisms, and then illustrate the appeal of the view in connection with a recent film of enigmatic cast.
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  41.  36
    Defending Associative Duties.Jonathan Seglow - 2013 - New York, New York: Routledge.
    This book explores the associative duties we owe to our children, parents, friends, colleagues, associates and compatriots and defends a novel account which justifies such duties through the realization of values that are produced in these various kinds of social relationships. Seglow engages with several key contemporary debates including parental rights over children’s education, the burdens of eldercare, permissible partiality to friends, and global justice versus compatriot duties.
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  42. (2 other versions)Defending the structural concept of representation.Andreas Bartels - 2006 - Theoria 21 (55):7-19.
    The aim of this paper is to defend the structural concept of representation, as defined by homomorphisms, against its main objections, namely: logical objections, the objection from misrepresentation, theobjection from failing necessity, and the copy theory objection. The logical objections can be met by reserving the relation.
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  43. Defending the Content Approach to Aesthetic Experience.Noël Carroll - 2015 - Metaphilosophy 46 (2):171-188.
    This article defends the content approach to aesthetic experience. It begins by sketching this approach to aesthetic experience. It then rehearses certain recent criticisms of the view by Alan Goldman and attempts to rebut them. One of those criticisms raises a long-standing concern about the author's account that has recently been called the “qua” problem. The article concludes by putting this issue to rest.
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  44. Defending deaf culture: The case of cochlear implants.Robert Sparrow - 2005 - Journal of Political Philosophy 13 (2):135–152.
    The cochlear implant controversy involves questions about the nature of disability and the definition of “normal” bodies; it also raises arguments about the nature and significance of culture and the rights of minority cultures. I defend the claim that there might be such a thing as “Deaf culture” and then examine how two different understandings of the role of culture in the lives of individuals can lead to different conclusions about the rights of Deaf parents in relation to their children, (...)
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  45. Defending the Moral/Epistemic Parity.Terence Cuneo & Christos Kyriacou - 2018 - In Conor McHugh, Jonathan Way & Daniel Whiting, Metaepistemology. Oxford: Oxford University Press. pp. 27-45.
    Do irreducible moral and epistemic facts stand or fall together? In his critical engagement with Cuneo’s _The Normative Web_, Chris Heathwood maintains that they do not. Appealing to a version of the Open Question Argument, Heathwood argues that while reductionism in the moral domain is not feasible, it is so in the epistemic domain. Heathwood presents non-reductive realists with what appears to be a difficult choice: give up on either _The Normative Web_’s argument for non-reductive realism or the Open Question (...)
     
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  46. Defending the disease view of pregnancy: a reply to our critics.Joona Räsänen & Anna Smajdor - 2025 - Journal of Medical Ethics 51 (1):54–56.
    We recently suggested that there are both pragmatic and normative reasons to classify pregnancy as a disease. Several scholars argued against our claims. In this response, we defend the disease view of pregnancy against their criticism. We claim that the dysfunctional account of disease that some of our critics rely on has some counterintuitive results. Furthermore, we claim that our critics assume what needs to be argued that the primary function of our sexual organs is to reproduce. Since only a (...)
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  47. Defending the Doctrine of the Mean Against Counterexamples: A General Strategy.Nicholas Colgrove - 2024 - Pacific Philosophical Quarterly 105 (2):267-290.
    Aristotle's doctrine of the mean states that each moral virtue stands opposed to two types of vice: one of excess and one of deficiency, respectively. Critics claim that some virtues – like honesty, fair‐mindedness, and patience – are counterexamples to Aristotle's doctrine. Here, I develop a generalizable strategy to defend the doctrine of the mean against such counterexamples. I argue that not only is the doctrine of the mean defensible, but taking it seriously also allows us to gain substantial insight (...)
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  48. Proportionality in Sentencing and the Restorative Justice Paradigm: 'Just Deserts' for Victims and Defendants Alike? [REVIEW]Tyrone Kirchengast - 2010 - Criminal Law and Philosophy 4 (2):197-213.
    The doctrine of proportionality seeks to limit arbitrary and capricious punishment in order to ensure that offenders are punished according to their ‘just desert’. In Australian sentencing law, proportionality goes some way toward achieving this ‘balanced’ approach by requiring a court to consider various and often competing interests in formulating a sentence commensurate with offence seriousness and offender culpability. Modification of sentencing law by the introduction of victim impact statements or the requirement that sentencing courts take explicit account of the (...)
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  49. Defending intentionalist accounts of self-deception.Jose Luis Bermudez - 1997 - Behavioral and Brain Sciences 20 (1):107-108.
    This commentary defends intentionalist accounts of self-deception against Mele by arguing that: (1) viewing self-deception on the model of other-deception is not as paradoxical as Mele makes out; (2) the paradoxes are not entailed by the view that self-deception is intentional; and (3) there are two problems for Mele's theory that only an intentionalist theory can solve.
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  50. Why Defend Humean Supervenience?Siegfried Jaag & Christian Loew - 2020 - Journal of Philosophy 117 (7):387-406.
    Humean Supervenience is a metaphysical model of the world according to which all truths hold in virtue of nothing but the total spatiotemporal distribution of perfectly natural, intrinsic properties. David Lewis and others have worked out many aspects of HS in great detail. A larger motivational question, however, remains unanswered: As Lewis admits, there is strong evidence from fundamental physics that HS is false. What then is the purpose of defending HS? In this paper, we argue that the philosophical merit (...)
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