Results for ' jus in bello '

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  1.  9
    Jus in bello Necessity, The Requirement of Minimal Force, and Autonomous Weapons Systems.Alexander Blanchard & Mariarosaria Taddeo - 2022 - Journal of Military Ethics 21 (3):286-303.
    In this article we focus on the jus in bello principle of necessity for guiding the use of autonomous weapons systems (AWS). We begin our analysis with an account of the principle of necessity as entailing the requirement of minimal force found in Just War Theory, before highlighting the absence of this principle in existing work on AWS. Overlooking this principle means discounting the obligations that combatants have towards one another in times of war. We argue that the requirement (...)
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  2.  16
    Jus in bello Necessity, The Requirement of Minimal Force, and Autonomous Weapons Systems.Alexander Blanchard & Mariarosaria Taddeo - 2023 - Journal of Military Ethics 21 (3):286-303.
    In this article we focus on the jus in bello principle of necessity for guiding the use of autonomous weapons systems (AWS). We begin our analysis with an account of the principle of necessity as entailing the requirement of minimal force found in Just War Theory, before highlighting the absence of this principle in existing work on AWS. Overlooking this principle means discounting the obligations that combatants have towards one another in times of war. We argue that the requirement (...)
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  3.  11
    Jus in bello, Rape and the British Army in the American Revolutionary War.Holger Hoock - 2015 - Journal of Military Ethics 14 (1):74-97.
    This essay offers a case study in jus in bello in the American Revolutionary War by focusing on responses to sexual violence committed against American women by soldiers in the occupying British army and their Loyalist auxiliaries. Two main bodies of sources are juxtaposed in order to explore the contexts and manner in which jus in bello was adjudicated: British courts-martial and American Congressional investigations documenting British and Loyalist breaches of the codes of war. By putting the fragmentary (...)
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  4. The jus in bello in historical and philosophical perspective.Nicholas Rengger - 2008 - In Larry May & Emily Crookston (eds.), War: Essays in Political Philosophy. Cambridge University Press.
     
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  5.  44
    Practical Pacifism,jus in bello, and citizen responsibility.Andrew Fiala - 2006 - Ethical Perspectives 13 (4):673-697.
    This article discusses how ordinary citizens might apply principles of jus in bello. It reaches a sceptical conclusion about citizens’ capacity to apply these principles and connects this with a practical approach to pacifism or, what might also be called, just-war pacifism.This discussion is oriented around events in the war in Iraq including the use of cluster bombs and the commission of war crimes. It uses these events to discuss the question of jus in bello and to also (...)
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  6.  13
    Environmental Ethics of War: Jus ad Bellum, Jus in Bello, and the Natural Environment.Tamar Meisels - 2023 - Conatus 8 (2):399-429.
    The conduct of hostilities is very bad for the environment, yet relatively little attention has been focused on environmental military ethics by just war theorists and revisionist philosophers of war. Contemporary ecological concerns pose significant challenges to jus in bello. I begin by briefly surveying existing literature on environmental justice during wartime. While these jus in bello environmental issues have been addressed only sparsely by just war theorists, environmental jus ad bellum has rarely been tackled within JWT or (...)
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  7. Proxy Battles in Just War Theory: Jus in Bello, the Site of Justice, and Feasibility Constraints.Seth Lazar & Laura Valentini - 2017 - In David Sobel, Peter Vallentyne & Steven Wall (eds.), Oxford Studies in Political Philosophy, Volume 3. Oxford University Press. pp. 166-193.
    Interest in just war theory has boomed in recent years, as a revisionist school of thought has challenged the orthodoxy of international law, most famously defended by Michael Walzer [1977]. These revisionist critics have targeted the two central principles governing the conduct of war (jus in bello): combatant equality and noncombatant immunity. The first states that combatants face the same permissions and constraints whether their cause is just or unjust. The second protects noncombatants from intentional attack. In response to (...)
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  8.  57
    A Realistic and Effective Constraint on the Resort to Force? Pre-commitment to Jus in Bello and Jus Post Bellum as Part of the Criterion of Right Intention.Annalisa Koeman - 2007 - Journal of Military Ethics 6 (3):198-220.
    This paper explores Brian Orend's contribution to the just war tradition, specifically his proposed jus post bellum criteria and his idea of pre-commitment to jus in bello and jus post bellum as part of an expanded jus ad bellum criterion of right intention. The latter is based on his interpretation of Kant's work: that as part of the original decision to begin a war, a state should commit itself to certain rules of conduct and appropriate war termination, and if (...)
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  9. The moral inequality of soldiers: Why jus in Bello asymmetry is half right.David Rodin - 2008 - In David Rodin & Henry Shue (eds.), Just and Unjust Warriors: The Moral and Legal Status of Soldiers. Oxford University Press. pp. 44--68.
     
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  10. Honor in the military and the possible implication for the traditional separation of jus ad bellum and jus in bello.Jacob Blair - 2011 - In Applied Ethics Series (Center for Applied Ethics and Philosophy). pp. 94-102.
    Traditional just war theory maintains that the two types of rules that govern justice in times of war, jus ad bellum (justice of war) and jus in bello (justice in war), are logically independent of one another. Call this the independence thesis. According to this thesis, a war that satisfies the ad bellum rules does not guarantee that the in bello rules will be satisfied; and a war that violates the ad bellum rules does not guarantee that the (...)
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  11.  22
    A Contagion of Violence: The Ideal of Jus in Bello versus the Realities of Fighting on the New York Frontier during the Revolutionary War.James Kirby Martin - 2015 - Journal of Military Ethics 14 (1):57-73.
    European Enlightenment thinkers like Emer de Vattel in his epic work The Laws of Nations argued that engaging in warfare should comply, as much as possible, with humane rules in the treatment of both combatants and noncombatants. Encapsulated by the phrase jus in bello, or justice in warfare, the question remains whether this idealist doctrine had application in military actions conducted during the Revolutionary War fought over the issue of American independence. This essay concludes that in such frontier regions (...)
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  12.  85
    The just war tradition and its modern legacy: Jus ad bellum_ and _jus in bello.David Boucher - 2012 - European Journal of Political Theory 11 (2):92-111.
    The relationship between jus ad bellum and jus in bello has been characterized differently throughout European history. There have been three main positions exemplified by Hugo Grotius, Samuel von Pufendorf and Emer de Vattel. They are, first, both the cause and the conduct of warfare must be just; second, the cause must be just, but the conduct of the war is unconstrained in order to achieve the goal of peace; and, third, we must assume justice on both sides, and (...)
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  13.  31
    Jus ex Bello in Afghanistan.Darrel Moellendorf - 2011 - Ethics and International Affairs 25 (2):155-164.
    I agree with Professor Miller that just war theory is limited when it comes to judging whether and how to end a war. But Miller fails to understand adequately what these limitations are and the extent to which they can be addressed within just war theory.
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  14.  14
    Interpreting Just War Theory's Jus in Bello Criterion of Discrimination.Camillo C. Bica - 1998 - Public Affairs Quarterly 12 (2):157-168.
  15.  18
    Introduction to the Special Issue: Jus in Bello.Paul Robinson - 2005 - Journal of Military Ethics 4 (2):83-84.
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  16. Is the Independent Application of Jus in Bello the way to Limit War?Anthony Coates - 2008 - In David Rodin & Henry Shue (eds.), Just and Unjust Warriors: The Moral and Legal Status of Soldiers. Oxford University Press.
  17.  32
    Rousseau’s critique of Grotius’ Jus ad bellum and Jus in bello.Evaldo Becker - 2015 - Trans/Form/Ação 38 (s1):139-152.
    RESUMO:Nosso objetivo no presente artigo é apresentar algumas das principais críticas dirigidas por Rousseau às ideias acerca do direito “da” e principalmente “na” guerra, tal como aparecem na obra de Hugo Grotius. Rousseau insiste para que seus leitores não esqueçam “de jeito nenhum” que ele não procura “[...] o que torna a guerra vantajosa àquele que o faz, mas o que a torna legítima.” E lembra que “[...] sempre há um custo em ser justo”, mas que isso não é motivo (...)
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  18.  37
    Two Doctrines of Jus ex Bello.Darrel Moellendorf - 2015 - Ethics 125 (3):653-673.
    This article discusses two doctrines of jus ex bello concerning whether and how to end wars. In Section I, I defend the claim that there is a distinct morality of ending wars. Section II rebuts a challenge that the account is too permissive of war. Section III rejects a forward-looking conception of proportionality for jus ex bello. In Section IV, I allow an exception in cases in which the just cause for the war has changed. In Section V, (...)
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  19.  26
    Ending War Short of Victory? A Contractarian View of Jus Ex Bello.Daniel Statman - 2015 - Ethics 125 (3):720-750.
    In light of the enormous suffering brought about by war, war might be justified only if the benefit it yields is significant enough, namely, a clear and durable victory over the enemy. The logic of this argument leads to a Clausewitz-style war of “annihilation.” I argue that the best way to justify the ending of war short of such annihilation is by relying on a contractarian view of jus ex bello. I conclude by exploring the implications of this view (...)
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  20.  37
    Unsatisfying Wars: Degrees of Risk and the Jus ex Bello.Gabriella Blum & David Luban - 2015 - Ethics 125 (3):751-780.
    We suggest thinking about the beginning and ending of wars as an exercise in risk management. We argue that states, like individual citizens, must accept that some degree of security risk is inevitable when coexisting with others. We offer two principles for the just management of military risk. The first principle is Morally Justified Bearable Risk, which demands that parties at war temper their claims of justice with the realities of an anarchic and conflicted international system. The second principle, Minimum (...)
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  21.  10
    Esperienza politica e antropologia in María Zambrano: la centralità della persona.Sara Del Bello - 2017 - Milano: Mimesis.
  22.  6
    Ripensando l'umano: in dialogo con Edith Stein.Angela Ales Bello & Nicola Zippel (eds.) - 2015 - Roma: Castelvecchi.
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  23.  4
    Edmund Husserl e Edith Stein: due filosofi in dialogo.Angela Ales Bello & Francesco Alfieri (eds.) - 2015 - Brescia: Morcelliana.
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  24. Trial by Statistics: Is a High Probability of Guilt Enough to Convict?Marcello Di Bello - 2019 - Mind 128 (512):1045-1084.
    Suppose one hundred prisoners are in a yard under the supervision of a guard, and at some point, ninety-nine of them collectively kill the guard. If, after the fact, a prisoner is picked at random and tried, the probability of his guilt is 99%. But despite the high probability, the statistical chances, by themselves, seem insufficient to justify a conviction. The question is why. Two arguments are offered. The first, decision-theoretic argument shows that a conviction solely based on the statistics (...)
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  25.  31
    The Legacy of Jus Contra Bellum: Echoes of Pacifism in Contemporary Just War Thought.Serena K. Sharma - 2009 - Journal of Military Ethics 8 (3):217-230.
    This article explores the issue of jus contra bellum as a particular development within just war thought. At its heart, the jus contra bellum amounts to an attempt to apply the principles of jus in bello (discrimination and proportionality) in order to negate the jus ad bellum. This approach was rather prevalent throughout the Cold War era, as concerns over the prospective use of nuclear weapons facilitated an increasingly sceptical attitude towards the use of force. Whereas the vast majority (...)
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  26. Informational richness and its impact on algorithmic fairness.Marcello Di Bello & Ruobin Gong - forthcoming - Philosophical Studies:1-29.
    The literature on algorithmic fairness has examined exogenous sources of biases such as shortcomings in the data and structural injustices in society. It has also examined internal sources of bias as evidenced by a number of impossibility theorems showing that no algorithm can concurrently satisfy multiple criteria of fairness. This paper contributes to the literature stemming from the impossibility theorems by examining how informational richness affects the accuracy and fairness of predictive algorithms. With the aid of a computer simulation, we (...)
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  27. Proof Paradoxes and Normic Support: Socializing or Relativizing?Marcello Di Bello - 2020 - Mind 129 (516):1269-1285.
    Smith argues that, unlike other forms of evidence, naked statistical evidence fails to satisfy normic support. This is his solution to the puzzles of statistical evidence in legal proof. This paper focuses on Smith’s claim that DNA evidence in cold-hit cases does not satisfy normic support. I argue that if this claim is correct, virtually no other form of evidence used at trial can satisfy normic support. This is troublesome. I discuss a few ways in which Smith can respond.
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  28.  15
    Prawda fikcji literackiej w świetle hermeneutyki Paula Ricoeura.Anna Ziółkowska-Juś - 2014 - Diametros 42:290-313.
    In Paul Ricoeur’s hermeneutics, the truth of fiction relates to the search for answers to questions about personal identity and the meaning of life in the world lacking substantial foundations. Ricoeur’s considerations are situated between realism and constructivism. The article dicusses the consequences of the hermeneutical relationship between imaginary worlds and reality for the redefinition of such concepts , as: “truth”, “understanding”, “ethics” and “personal identity”. I attempt to answer the following questions: What is the truth of literary fiction? What (...)
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  29.  25
    The Aesthetic Experience of Kandinsky's Abstract Art: A Polemic with Henry's Phenomenological Analysis.Anna Ziółkowska-Juś - 2017 - Estetika: The European Journal of Aesthetics 54 (2):212-237.
    The French phenomenologist Michel Henry sees a similarity between the primordial experience of what he calls ‘Life’ and the aesthetic experience occasioned by Wassily Kandinsky’s abstract art. The triple aim of this essay is to explain and assess how Henry interprets Kandinsky’s abstract art and theory; what the consequences of his interpretation mean for the theory of the experience of abstract art; and what doubts and questions emerge from Henry’s interpretations of Kandinsky’s theory and practice. Despite its containing many interesting (...)
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  30.  28
    Farm Animal Welfare Influences on Markets and Consumer Attitudes in Latin America: The Cases of Mexico, Chile and Brazil.Einar Vargas-Bello-Pérez, Genaro C. Miranda-de la Lama, Dayane Lemos Teixeira, Daniel Enríquez-Hidalgo, Tamara Tadich & Joop Lensink - 2017 - Journal of Agricultural and Environmental Ethics 30 (5):697-713.
    In recent years, animal welfare has become an important element of sustainable production that has evolved along with the transformation of animal production systems. Consumer attitudes towards farm animal welfare are changing around the world, especially at emerging markets of Asia, Africa and Latin America. Survey-based research on consumer attitudes towards farm animal welfare has increased. However, the geographical coverage of studies on consumer attitudes and perceptions about farm animal welfare has mostly been limited to Europe, and North America. Until (...)
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  31.  9
    The Sense of Things: Toward a Phenomenological Realism.Angela Ales Bello - 2015 - Cham: Imprint: Springer.
    This book proposes a new interpretative key for reading and overcoming the binary of idealism and realism. It explores the way human consciousness unfolds through the relationship between the I and the world-a field of phenomenological investigation that cannot and must not remain closed within the limits of its own disciplinary boundaries. The book focuses on the question of realism in contemporary debates, ultimately dismantling prejudices and automatisms that one finds therein. It shows that at the root of the controversy (...)
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  32. When statistical evidence is not specific enough.Marcello Di Bello - 2021 - Synthese 199 (5-6):12251-12269.
    Many philosophers have pointed out that statistical evidence, or at least some forms of it, lack desirable epistemic or non-epistemic properties, and that this should make us wary of litigations in which the case against the defendant rests in whole or in part on statistical evidence. Others have responded that such broad reservations about statistical evidence are overly restrictive since appellate courts have expressed nuanced views about statistical evidence. In an effort to clarify and reconcile, I put forward an interpretive (...)
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  33. The divine in Husserl and other explorations.Angela Ales Bello - 2009 - Analecta Husserliana 98.
     
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  34. Evidence & decision making in the law: theoretical, computational and empirical approaches.Marcello Di Bello & Bart Verheij - 2020 - Artificial Intelligence and Law 28 (1):1-5.
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  35. Plausibility and Probability in Juridical Proof.Marcello Di Bello - 2019 - International Journal of Evidence and Proof 23 (1-2).
    This note discusses three issues that Allen and Pardo believe to be especially problematic for a probabilistic interpretation of standards of proof: (1) the subjectivity of probability assignments; (2) the conjunction paradox; and (3) the non-comparative nature of probabilistic standards. I offer a reading of probabilistic standards that avoids these criticisms.
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  36. Epistemic closure, assumptions and topics of inquiry.Marcello Di Bello - 2014 - Synthese 191 (16):3977-4002.
    According to the principle of epistemic closure, knowledge is closed under known implication. The principle is intuitive but it is problematic in some cases. Suppose you know you have hands and you know that ‘I have hands’ implies ‘I am not a brain-in-a-vat’. Does it follow that you know you are not a brain-in-a-vat? It seems not; it should not be so easy to refute skepticism. In this and similar cases, we are confronted with a puzzle: epistemic closure is an (...)
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  37. Evidential Reasoning.Marcello Di Bello & Bart Verheij - 2011 - In G. Bongiovanni, Don Postema, A. Rotolo, G. Sartor, C. Valentini & D. Walton (eds.), Handbook in Legal Reasoning and Argumentation. Dordrecht, Netherland: Springer. pp. 447-493.
    The primary aim of this chapter is to explain the nature of evidential reasoning, the characteristic difficulties encountered, and the tools to address these difficulties. Our focus is on evidential reasoning in criminal cases. There is an extensive scholarly literature on these topics, and it is a secondary aim of the chapter to provide readers the means to find their way in historical and ongoing debates.
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  38. Plausibility and Reasonable Doubt in the Simonshaven Case.Marcello Di Bello - 2020 - Topics in Cognitive Science 12 (4):1200-1204.
    I comment on two analyses of the Simonshaven case: one by Prakken (2019), based on arguments, and the other by van Koppen and Mackor (2019), based on scenarios (or stories, narratives). I argue that both analyses lack a clear account of proof beyond a reasonable doubt because they lack a clear account of the notion of plausibility. To illustrate this point, I focus on the defense argument during the appeal trial and show that both analyses face difficulties in modeling key (...)
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  39.  49
    Much Ado About Nothing: The Mental Representation of Omissive Relations.Sangeet Khemlani, Paul Bello, Gordon Briggs, Hillary Harner & Christina Wasylyshyn - 2021 - Frontiers in Psychology 11:609658.
    When the absence of an event causes some outcome, it is an instance of omissive causation. For instance, not eating lunch may cause you to be hungry. Recent psychological proposals concur that the mind represents causal relations, including omissive causal relations, through mental simulation, but they disagree on the form of that simulation. One theory states that people represent omissive causes as force vectors; another states that omissions are representations of contrasting counterfactual simulations; a third argues that people think about (...)
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  40. Philosophari in Maria.Angela Ales Bello - 2000 - Alpha Omega 3 (2):301-309.
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  41.  9
    Edmund Husserl: pensare Dio, credere in Dio.Angela Ales Bello - 2005 - Padova: Messaggero.
  42. Culture and Utopia in the Phenomenological Perspective.Bello Aa - 1976 - Analecta Husserliana 5:305-341.
  43. La teologia in un inedito husserliano.A. Ales Bello - 1982 - Aquinas 25 (2):349-356.
     
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  44. Valenza ermeneutica della fenomenologia in Fenomenologia e metafisica. Il dibattito continua.A. Ales Bello - 1983 - Aquinas 26 (3):305-324.
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  45. Can probability theory explain why closure is both intuitive and prone to counterexamples?Marcello Di Bello - 2018 - Philosophical Studies 175 (9):2145-2168.
    Epistemic closure under known implication is the principle that knowledge of "p" and knowledge of "p implies q", together, imply knowledge of "q". This principle is intuitive, yet several putative counterexamples have been formulated against it. This paper addresses the question, why is epistemic closure both intuitive and prone to counterexamples? In particular, the paper examines whether probability theory can offer an answer to this question based on four strategies. The first probability-based strategy rests on the accumulation of risks. The (...)
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  46.  73
    The Study of the Soul between Psychology and Phenomenology at Edith Stein.Angela Ales Bello - 2007 - Cultura 4 (2):90-108.
    In the study of the soul between psychology and phenomenology in Edith Stein works it becomes clearer that it is only phenomenology that really comes to gripswith the question of psychic causality by correlating the two moments and it is therefore only phenomenology that can respond to Hume’s objections while yetremaining on his selfsame terrain. It is very important to distinguish between psychology and phenomenology and also to clarify the relationship between psyche and consciousness; there is thus reproposed the distinction (...)
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  47.  12
    Assonanze e dissonanze: dal diario di Edith Stein.Edith Stein & Angela Ales Bello (eds.) - 2021 - Milano -- Udine: Mimesis.
    In queste pagine è delineata la vicenda esistenziale e intellettuale di Edith Stein. Donna straordinaria, è stata capace di racchiudere nella sua persona molte "possibili" vite. Le ha realizzate come ebrea e cattolica, fenomenologa e filosofa cristiana, docente e monaca carmelitana, agnostica e santa. Si tratta di un processo vitale dagli apparenti salti qualitativi, i quali si volgono all'ascolto di un medesimo nucleo identitario. Questa viva "formazione di sé" ha condotto Edith Stein a una "donazione di sé", culminata nell'Olocausto. Il (...)
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  48.  68
    Edmund Husserl and Edith Stein.Angela Ales Bello - 2008 - American Catholic Philosophical Quarterly 82 (1):143-159.
    The goal of this article is to analyze the way in which Edith Stein describes the human subject throughout her research, including her phenomenological phaseand the period of her Christian philosophy. In order to do this, I trace essential moments in Husserl’s philosophy, showing both Stein’s reliance upon Husserl andher originality. Both thinkers believe that an analysis of the human being can be carried out by examining consciousness and its lived experiences. Through suchan examination Stein arrives at the same conclusion (...)
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  49. Creativity, the Turing test, and the (better) Lovelace test.Selmer Bringsjord, P. Bello & David A. Ferrucci - 2001 - Minds and Machines 11 (1):3-27.
    The Turing Test is claimed by many to be a way to test for the presence, in computers, of such ``deep'' phenomena as thought and consciousness. Unfortunately, attempts to build computational systems able to pass TT have devolved into shallow symbol manipulation designed to, by hook or by crook, trick. The human creators of such systems know all too well that they have merely tried to fool those people who interact with their systems into believing that these systems really have (...)
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  50.  16
    Ability, Breadth, and Parsimony in Computational Models of Higher‐Order Cognition.Nicholas L. Cassimatis, Paul Bello & Pat Langley - 2008 - Cognitive Science 32 (8):1304-1322.
    Computational models will play an important role in our understanding of human higher‐order cognition. How can a model's contribution to this goal be evaluated? This article argues that three important aspects of a model of higher‐order cognition to evaluate are (a) its ability to reason, solve problems, converse, and learn as well as people do; (b) the breadth of situations in which it can do so; and (c) the parsimony of the mechanisms it posits. This article argues that fits of (...)
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