Results for 'Valerie Gutmann'

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  1.  21
    COVID in NYC: What New York Did, and Should Have Done.Valerie Gutmann Koch & Susie A. Han - 2020 - American Journal of Bioethics 20 (7):153-155.
    Volume 20, Issue 7, July 2020, Page 153-155.
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  2.  6
    Reciprocity and Liability Protections during the Covid‐19 Pandemic.Valerie Gutmann Koch & Diane E. Hoffmann - 2021 - Hastings Center Report 51 (3):5-7.
    During the Covid‐19 pandemic, as resources dwindled, clinicians, health care institutions, and policymakers have expressed concern about potential legal liability for following crisis standards of care (CSC) plans. Although there is no robust empirical research to demonstrate that liability protections actually influence physician behavior, we argue that limited liability protections for health care professionals who follow established CSC plans may instead be justified by reliance on the principle of reciprocity. Expecting physicians to do something they know will harm their patients (...)
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  3.  18
    Delegating Informed Consent.Valerie Gutmann Koch - 2017 - Hastings Center Report 47 (6):5-6.
    Ten years ago, Megan Shinal sought the care of neurosurgeon Steven Toms for the surgical treatment of a recurrent nonmalignant tumor in the pituitary region of her brain. In their twenty-minute meeting, Shinal did not make a final decision about which surgical approach she wished to pursue. Subsequently, she spoke with Tom's physician assistant once by phone and once in person, when she signed the consent form, which did not appear to designate which surgical approach she had chosen. During the (...)
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  4.  24
    A Policy in Flux: New York State's Evolving Approach to Human Subjects Research Involving Individuals Who Lack Consent Capacity.Valerie Gutmann Koch - 2014 - Journal of Law, Medicine and Ethics 42 (3):383-388.
    American history has been rife with human subjects research scandals, particularly those that involve “vulnerable” populations. State and federal laws and regulations often do not provide any special oversight mechanisms or protections to ensure the ethical and safe inclusion of cognitively impaired adults in research. At the New York State level, repeated efforts have been made to regulate research involving individuals who lack consent capacity. In January 2014, the New York State Task Force on Life and the Law released its (...)
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  5.  9
    A Policy in Flux: New York State's Evolving Approach to Human Subjects Research Involving Individuals Who Lack Consent Capacity.Valerie Gutmann Koch - 2014 - Journal of Law, Medicine and Ethics 42 (3):383-388.
    Despite existing federal and state law and regulation, new human subjects research scandals involving “vulnerable” populations continue to surface. Although existing oversight mechanisms were enacted to ensure voluntary informed consent for participants and institutional review board oversight of HSR, these laws and regulations do not provide any special oversight mechanisms or protections to ensure the ethical and safe inclusion of cognitively impaired adults. The absence of rules to ensure consistently ethical conduct of research involving adults who lack consent capacity may (...)
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  6.  4
    Medical Decision Making and the Previvor.Valerie Gutmann Koch - 2022 - Journal of Clinical Ethics 33 (2):141-145.
    Genetic testing has led to the establishment of the concept of the “previvor”: someone who is not yet sick, but who has a genetic predisposition to disease. The previvor experience demonstrates how the practice of medicine and medical decision making is evolving to render current law and policy increasingly inapplicable to modern medical practice. The introduction of previvorship to the medical landscape raises special issues for the physician-patient relationship and the legal doctrine of informed consent. It challenges some of the (...)
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  7.  8
    Under Attack: Reconceptualizing Informed Consent.Valerie Gutmann Koch & Nanette R. Elster - 2017 - Journal of Law, Medicine and Ethics 45 (1):6-9.
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  8.  8
    Assisted Reproductive Technologies: Failure to Cover Does Not Violate ADA, Title VII, or PDA.Valerie Gutmann - 2003 - Journal of Law, Medicine and Ethics 31 (2):314-316.
    In Saks v. Franklin Covey Co., the Court of Appeals for the Second Circuit held that the American with Disabilities Act, Title VII of Civil Rights Act of 1964, the Pregnancy Discrimination Act, and New York state law do not proscribe an employer's self-insured employee health plan from excluding surgical impregnation procedures from its coverage. Although the court found that infertility qualifies as a disability under the ADA, it restricted required coverage of certain infedty treatments.Title I of the ADA prohibits (...)
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  9.  11
    Assisted Reproductive Technologies: Failure to Cover Does Not Violate ADA, Title VII, or PDA.Valerie Gutmann - 2003 - Journal of Law, Medicine and Ethics 31 (2):314-316.
    In Saks v. Franklin Covey Co., the Court of Appeals for the Second Circuit held that the American with Disabilities Act, Title VII of Civil Rights Act of 1964, the Pregnancy Discrimination Act, and New York state law do not proscribe an employer's self-insured employee health plan from excluding surgical impregnation procedures from its coverage. Although the court found that infertility qualifies as a disability under the ADA, it restricted required coverage of certain infedty treatments.Title I of the ADA prohibits (...)
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  10.  19
    Everything in Moderation: Dual Role Consent and State Law Mandates.Valerie Gutmann Koch & Nadia N. Sawicki - 2019 - American Journal of Bioethics 19 (4):35-37.
    Morain and colleagues (2019) advocate rethinking the rather dogmatic guidance from both regulatory authorities and professional associations cautioning physician-investigators against obtaining inf...
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  11.  9
    Kentucky Association of Health Plans, Inc. v. Miller.Valerie Gutmann - 2003 - Journal of Law, Medicine and Ethics 31 (4):729-731.
    In Kentucky Association of Health Plans, Inc. v. Miller,, the Supreme Court unanimously held that states’ “any willing provider” laws are not preempted by the Employee Retirement Income Security Act of 1974. The Court ruled that states can regulate their health maintenance organizations, and thus upheld a Kentucky law that requires insurers to reimburse services of any health care provider who is willing and able to meet established criteria. The Supreme Court has heard several cases related to ERISA in the (...)
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  12.  6
    Kentucky Association of Health Plans, Inc. v. Miller.Valerie Gutmann - 2003 - Journal of Law, Medicine and Ethics 31 (4):729-731.
    In Kentucky Association of Health Plans, Inc. v. Miller,, the Supreme Court unanimously held that states’ “any willing provider” laws are not preempted by the Employee Retirement Income Security Act of 1974. The Court ruled that states can regulate their health maintenance organizations, and thus upheld a Kentucky law that requires insurers to reimburse services of any health care provider who is willing and able to meet established criteria. The Supreme Court has heard several cases related to ERISA in the (...)
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  13.  8
    Prenatal Care: Revisions to SCHIP Extend Health Care to "Unborn Children".Valerie Gutmann - 2003 - Journal of Law, Medicine and Ethics 31 (1):155-157.
    Effective November 1, 2002, the federal Department of Health and Human Services reclassified developing fetuses as “unborn children,” thereby providing health insurance benefits for prenatal care under the State Children's Health Insurance Program. By broadening the current definition of “child” —and thus expanding SCHIP insurance coverage — DHHS hopes to increase the number of low-income pregnant women who receive prenatal services. As noted by one commentator, the new rule represents the first time “any federal policy has defined childhood as beginning (...)
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  14.  7
    Prenatal Care: Revisions to SCHIP Extend Health Care to “Unborn Children”.Valerie Gutmann - 2003 - Journal of Law, Medicine and Ethics 31 (1):155-157.
    Effective November 1, 2002, the federal Department of Health and Human Services reclassified developing fetuses as “unborn children,” thereby providing health insurance benefits for prenatal care under the State Children's Health Insurance Program. By broadening the current definition of “child” —and thus expanding SCHIP insurance coverage — DHHS hopes to increase the number of low-income pregnant women who receive prenatal services. As noted by one commentator, the new rule represents the first time “any federal policy has defined childhood as beginning (...)
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  15.  17
    The Question of Jean-Jacques Rousseau.James Gutmann - 1954 - Philosophy and Phenomenological Research 15 (2):263-265.
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  16.  20
    Die Philosophie des Als Ob. [REVIEW]James Gutmann - 1926 - Journal of Philosophy 23 (3):77-80.
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  17.  20
    Hierarchy Theory: A Vision, Vocabulary, and Epistemology.Valerie Ahl & T. F. H. Allen - 1996 - Columbia University Press.
    Sugar, pork, beer, corn, cider, scrapple, and hoppin' John all became staples in the diet of colonial America. The ways Americans cultivated and prepared food and the values they attributed to it played an important role in shaping the identity of the newborn nation. In A Revolution in Eating, James E. McWilliams presents a colorful and spirited tour of culinary attitudes, tastes, and techniques throughout colonial America. Confronted by strange new animals, plants, and landscapes, settlers in the colonies and West (...)
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  18.  20
    In Defense of a Different Taxonomy: A Reply to Owens.Valerie Walker - 1990 - Philosophical Review 99 (3):425 - 431.
  19.  28
    Workers in the New Economy: Transformation as Border Crossing.Valerie Walkerdine - 2006 - Ethos: Journal of the Society for Psychological Anthropology 34 (1):10-41.
  20. Social structural explanation.Valerie Soon - 2021 - Philosophy Compass 16 (10):e12782.
    Social problems such as racism, sexism, and inequality are often cited as structural rather than individual in nature. What does it mean to invoke a social structural explanation, and how do such explanations relate to individualistic ones? This article explores recent philosophical debates concerning the nature and usages of social structural explanation. I distinguish between two central kinds of social structural explanation: those that are autonomous from psychology, and those that are not. This distinction will help clarify the explanatory power (...)
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  21.  6
    Communal Beingness and Affect: An Exploration of Trauma in an Ex-industrial Community.Valerie Walkerdine - 2010 - Body and Society 16 (1):91-116.
    The article explores the place of affect in community relations with respect to trauma following the closure of a steelworks for a working-class community in the South Wales valleys in 2002. A review of sociological approaches to community demonstrates the poor handling of relational and affective aspects which, it is argued, are central to the way in which community relations were formed and provided a safe and containing skin against the uncertainty of industrial production. Using psychoanalytic approaches to affect which (...)
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  22.  13
    John Calvin, the Man and His Ethics.James Gutmann - 1932 - Philosophical Review 41:98.
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  23.  27
    Sister's Ghost: Valerie's Story.Valerie J. Mills - 1998 - Anthropology of Consciousness 9 (2-3):56-61.
  24. Implicit bias and social schema: a transactive memory approach.Valerie Soon - 2020 - Philosophical Studies 177 (7):1857-1877.
    To what extent should we focus on implicit bias in order to eradicate persistent social injustice? Structural prioritizers argue that we should focus less on individual minds than on unjust social structures, while equal prioritizers think that both are equally important. This article introduces the framework of transactive memory into the debate to defend the equal priority view. The transactive memory framework helps us see how structure can emerge from individual interactions as an irreducibly social product. If this is right, (...)
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  25.  29
    The relationship between androgen levels and human spatial abilities.Valerie J. Shute, James W. Pellegrino, Lawrence Hubert & Robert W. Reynolds - 1983 - Bulletin of the Psychonomic Society 21 (6):465-468.
  26. Review of Amy Gutmann: Multiculturalism: Examining the Politics of Recognition[REVIEW]Charles Taylor & Amy Gutmann - 1994 - Ethics 104 (2):384-386.
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  27.  29
    Robo- and informationethics: some fundamentals.Michael P. Decker & Mathias Gutmann (eds.) - 2012 - Zürich: Lit.
    This book focuses on some of the most pressing methodological, ethical, and technique-philosophical questions that are connected with the concept of artificial autonomous systems. (Series: Hermeneutics and Anthropology / Hermeneutik und ...
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  28.  30
    Examining the Ethics and Impacts of Laws Restricting Transgender Youth‐Athlete Participation.Valerie Moyer, Amanda Zink & Brendan Parent - 2023 - Hastings Center Report 53 (3):6-14.
    As of this writing, twenty‐one states have passed laws barring transgender youth‐athletes from competing on public‐school sports teams in accordance with their gender identity. Proponents of these regulations claim that transgender females in particular have inherent physiological advantages that threaten a “level playing field” for their cisgender competitors. Existing evidence is limited but does not support these restrictions. Gathering more robust data will require allowing transgender youth to compete (rather than preemptively barring them), but even if trans females are shown (...)
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  29. An intrapersonal, intertemporal solution to an interpersonal dilemma.Valerie Soon - 2021 - Philosophical Studies 178 (10):3353-3370.
    It is commonly accepted that what we ought to do collectively does not imply anything about what each of us ought to do individually. According to this line of reasoning, if cooperating will make no difference to an outcome, then you are not morally required to do it. And if cooperating will be personally costly to you as well, this is an even stronger reason to not do it. However, this reasoning results in a self-defeating, yet entirely predictable outcome. If (...)
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  30.  37
    Looking Inward Together: Just War Thinking and Our Shared Moral Emotions.Valerie Morkevičius - 2017 - Ethics and International Affairs 31 (4):441-451.
    Just war thinking serves a social and psychological role that international law cannot fill. Law is dispassionate and objective, while just war thinking accounts for emotions and the situatedness of individuals. While law works on us externally, making us accountable to certain people and institutions, just war thinking affects us internally, making us accountable to ourselves. Psychologically, an external focus leads to feelings of shame, while an inward focus generates feelings of guilt. Philosophers have long recognized the importance of these (...)
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  31.  43
    Tin Men: Ethics, Cybernetics and the Importance of Soul.Valerie Morkevicius - 2014 - Journal of Military Ethics 13 (1):3-19.
    (2014). Tin Men: Ethics, Cybernetics and the Importance of Soul. Journal of Military Ethics: Vol. 13, No. 1, pp. 3-19. doi: 10.1080/15027570.2014.908011.
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  32.  61
    Do 5-month-old infants see humans as material objects?Valerie A. Kuhlmeier, Paul Bloom & Karen Wynn - 2004 - Cognition 94 (1):95-103.
  33.  17
    Some False Laws of Logic.Valerie Plumwood - 2023 - Australasian Journal of Logic 20 (2):97-137.
    This paper argues that some widely used laws of implication are false, and arguments based upon them invalid. These laws are Exportation, Commutation, (as well as various restricted forms of these), Exported Syllogism and Disjunctive Syllogism. All these laws are false for the same reason – that they license the suppression or replacement in some position of some class of propositions which cannot legitimately be suppressed or replaced. These laws fail to preserve the property of sufficiency of premiss set for (...)
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  34.  81
    Why Deliberative Democracy?Amy Gutmann & Dennis F. Thompson - 2004 - Princeton University Press.
    The most widely debated conception of democracy in recent years is deliberative democracy--the idea that citizens or their representatives owe each other mutually acceptable reasons for the laws they enact. Two prominent voices in the ongoing discussion are Amy Gutmann and Dennis Thompson. In Why Deliberative Democracy?, they move the debate forward beyond their influential book, Democracy and Disagreement.What exactly is deliberative democracy? Why is it more defensible than its rivals? By offering clear answers to these timely questions, (...) and Thompson illuminate the theory and practice of justifying public policies in contemporary democracies. They not only develop their theory of deliberative democracy in new directions but also apply it to new practical problems. They discuss bioethics, health care, truth commissions, educational policy, and decisions to declare war. In "What Deliberative Democracy Means," which opens this collection of essays, they provide the most accessible exposition of deliberative democracy to date. They show how deliberative democracy should play an important role even in the debates about military intervention abroad.Why Deliberative Democracy? contributes to our understanding of how democratic citizens and their representatives can make justifiable decisions for their society in the face of the fundamental disagreements that are inevitable in diverse societies. Gutmann and Thompson provide a balanced and fair-minded approach that will benefit anyone intent on giving reason and reciprocity a more prominent place in politics than power and special interests. (shrink)
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  35.  72
    The Reflective Life: Living Wisely With Our Limits.Valerie Tiberius - 2008 - , GB: Oxford University Press.
    How should you live? Should you devote yourself to perfecting a single talent or try to live a balanced life? Should you lighten up and have more fun, or buckle down and try to achieve greatness? Should you try to be a better friend? Should you be self-critical or self-accepting? And how should you decide among the possibilities open to you? Should you consult experts, listen to your parents, or should you do lots of research? Should you make lists of (...)
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  36.  28
    Philosophy and the Modern World. [REVIEW]James Gutmann - 1960 - Journal of Philosophy 57 (5):168-170.
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  37.  1
    Response.Valerie Walkerdine - 2006 - Ethos: Journal of the Society for Psychological Anthropology 34 (1):55-57.
  38.  20
    Safety and danger: Childhood, sexuality, and space at the end of the millennium.Valerie Walkerdine - 2001 - In Kenneth Hultqvist & Gunilla Dahlberg (eds.), Governing the Child in the New Millennium. Routledge. pp. 15--34.
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  39.  43
    Droit comparé pour traducteurs : de la théorie à la didactique de la traduction juridique.Valérie Dullion - 2015 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (1):91-106.
    Theorists of legal translation generally describe it as an interdisciplinary activity whose methodology draws deeply upon comparative law. In practice, how can we apply this theoretical paradigm to translator training? This article examines methods of integrating comparative law with the acquisition of knowledge and know-how that constitute the translator’s core competences, emphasizing the resolution of legal terminology problems resulting from incongruencies between legal systems. Given that the goal is to compare law for the purposes of translation, it is useful to (...)
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  40.  13
    Constructive Thinking in the Critical Philosophy of Hermann Cohen.Valery Ye Semyonov - 2022 - Kantian Journal 41 (3):76-101.
    Constructive (productive) thinking in the critical philosophy of Hermann Cohen differs significantly from the seemingly similar speculative thinking in J. G. Fichte’s Science of Knowledge (Wissenschaftslehre) (1794/95). The fundamental characteristics of scientific thinking in Cohen’s teaching include: purity, focus on the “fact of science”, the origin (Ursprung), the infinitesimal method, continuity, movement, production, correlation, intensive magnitude, interrelation of thinking and being. According to Cohen, scientific thinking can only be pure and generated by the origin. The origin is continuous action (movement) (...)
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  41.  46
    Electric charges: The social construction of rate systems.Valery Yakubovich, Mark Granovetter & Patrick Mcguire - 2005 - Theory and Society 34 (5):579-612.
    Price is a central analytic concept in both neoclassical and old institutional economics. Combining the social network perspective with old and new institutionalist approaches to price formation, this article examines technological, economic, institutional, and political factors that shaped the earliest pricing systems for electricity used in the United States, between 1882 and 1910. We show that certain characteristics of electricity supply led to ambiguities in how the product should be priced, which created a politics of pricing among electricity producers. In (...)
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  42.  41
    Well-Being as Value Fulfillment: How We Can Help Each Other to Live Well.Valerie Tiberius - 2018 - Oxford University Press.
    What is well-being? This is one of humanity's oldest and deepest questions; Valerie Tiberius offers a fresh answer. She argues that our lives go well to the extent that we succeed in what matters to us emotionally, reflectively, and over the long term. So when we want to help others achieve well-being, we should pay attention to their values.
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  43. Fair Trade Managerial Practices: Strategy, Organisation and Engagement.Valéry Bezençon & Sam Blili - 2009 - Journal of Business Ethics 90 (1):95-113.
    The number of distributors selling Fair Trade products is constantly increasing. What are their motivations to distribute Fair Trade products? How do they organise this distribution? Do they apply and communicate the Fair Trade values? This research, based on five case studies in Switzerland, aims at understanding and structuring the strategies and the managerial practices related to Fair Trade product distribution, as well as analysing if they denote an engagement with Fair Trade principles. The results show a high heterogeneity of (...)
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  44.  45
    Conscientious objection to participation in abortion by midwives and nurses: a systematic review of reasons.Valerie Fleming, Lucy Frith, Ans Luyben & Beate Ramsayer - 2018 - BMC Medical Ethics 19 (1):31.
    Freedom of conscience is a core element of human rights respected by most European countries. It allows abortion through the inclusion of a conscience clause, which permits opting out of providing such services. However, the grounds for invoking conscientious objection lack clarity. Our aim in this paper is to take a step in this direction by carrying out a systematic review of reasons by midwives and nurses for declining, on conscience grounds, to participate in abortion. We conducted a systematic review (...)
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  45.  64
    Hermeneutic research in nursing: developing a Gadamerian‐based research method.Valerie Fleming, Uta Gaidys & Yvonne Robb - 2003 - Nursing Inquiry 10 (2):113-120.
    Hermeneutic research in nursing: developing a Gadamerian‐based research method This paper takes the stance that although there are many different approaches to phenomenological and hermeneutic research, some of these have become blurred due to multiple interpretations of translated materials. Working from original texts by the German philosophers, this paper reconsiders the relevance of phenomenology and hermeneutics to nursing research. We trace the development of Gadamer's philosophy in order to propose a research method based in this tradition. Five steps have been (...)
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  46.  89
    Feminist political theory: an introduction.Valerie Bryson - 1992 - New York: Palgrave-Macmillan.
    Feminist Political Theory provides both a wide-ranging history of western feminist thought and a lucid analysis of contemporary debates. It offers an accessible and thought-provoking account of complex theories, which it relates to 'real-life' issues such as sexual violence, political representation and the family. This timely new edition has been thoroughly updated to incorporate the most recent developments in feminism and feminist scholarship throughout, in particular taking into account the impact of black and postmodern feminist thought on feminist political theory.
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  47.  35
    Selected Letters of Friedrich Nietzsche. [REVIEW]James Gutmann - 1969 - Journal of Philosophy 66 (23):839-841.
  48.  35
    The Relationship Between Social Cynicism Belief, Social Dominance Orientation, and the Perception of Unethical Behavior: A Cross-Cultural Examination in Russia, Portugal, and the United States.Valerie Alexandra, Miguel M. Torres, Olga Kovbasyuk, Theophilus B. A. Addo & Maria Cristina Ferreira - 2017 - Journal of Business Ethics 146 (3):545-562.
    Most studies investigating the relationship between cultural constructs and ethical perception have focused on individual- and societal-level values without much attention to other type of cultural constructs such as social beliefs. In addition, we need to better understand how social beliefs are linked to ethical perception and the level of analysis at which social beliefs may best predict ethical perceptions. This research contributes to the cross-cultural ethical perception literature by examining the relationship of individual-level social cynicism belief, one of five (...)
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  49.  21
    The impact of the re‐engineered world of health‐care in Canada on nursing and patient outcomes.Valerie Shannon & Susan French - 2005 - Nursing Inquiry 12 (3):231-239.
    The healthcare environment is knowledge driven and knowledge and human resource dependent. Despite the paucity of evidence on which to shape and evaluate organizational change, health‐care in Canada has undergone many changes in the last 15 years. In the pursuit of enhanced productivity, healthcare administrators have turned to industrial and engineering models. Using available Canadian research and policy reports, and where necessary, American literature, this paper describes the impact of re‐engineering on nursing and on the relationship between nursing and patient (...)
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  50.  7
    Der eigene Tod – Die Selbstbestimmung des Patienten und der Schutz des Lebens in ethischer und rechtlicher Dimension.Gutmann Thomas - 2002 - Ethik in der Medizin 14 (3):170-185.
    ZusammenfassungDer Beitrag bringt Gründe für die These vor, dass aktive Sterbehilfe – die Tötung eines einwilligungsfähigen Patienten auf sein ausdrückliches, ernsthaftes und stabiles Verlangen hin – unter bestimmten Umständen moralisch erlaubt ist und rechtlich erlaubt sein sollte. Autonome Personen haben ein zentrales, von ihrem Anspruch auf Wahrung ihrer Menschenwürde geschütztes Interesse daran, „ihren” Tod sterben zu können. Aus diesem geschützten Interesse resultieren Dispositionsbefugnisse über das eigene Sterben, die auch das Recht beinhalten, sich hierzu der freiwillig geleisteten Hilfe Dritter zu bedienen. (...)
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