Results for 'Property offences'

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  1.  22
    Property Offences as Crimes of Injustice.Emmanuel Melissaris - 2012 - Criminal Law and Philosophy 6 (2):149-166.
    The article provides an outline of the basic principles and conditions of criminalisation of interferences with others’ property rights in the context of a specific context: a liberal, social democratic state, the legitimacy of which depends primarily on its impartiality between moral doctrines and the fair distribution of liberties and resources. I begin by giving a brief outline of the conditions of political legitimacy, the place of property and the conditions of criminalisation in such a state. With that (...)
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  2.  17
    ‘IP’ Moral Rights Breaches are Deception Offences, Not Property Offences: Correcting a Category Error.James McKeahnie - 2016 - Res Publica 22 (2):193-207.
    In March of 2014 Nature Publishing Group, responsible for the publication of journals such as Nature and ScientificAmerican, was subject to criticism for its requirement that contributing authors waive their moral rights in relation to their published articles. Some of the rights included under the umbrella term ‘moral rights’ are the right to have any copies of one’s work reproduced accurately and without alteration; the right to the accurate attribution of one’s work under one’s own name; and the right not (...)
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  3.  10
    Use of Force in Protecting Property.Joshua Getzler - 2006 - Theoretical Inquiries in Law 7 (1):131-166.
    A long-standing common-law policy holds that anyone may lawfully use force to repel or arrest a criminal threatening property, and a fortiori that force may be used to defend one’s own property. But there are limits to these powers. In cases where some amount of violence is justified but excessive force is used, some common-law jurisdictions will deny any defence to murder. Killing through excessive force is neither justified nor excused. Other jurisdictions will allow a partial defence, excusing (...)
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  4. Intellectual Property and Pharmaceutical Drugs: An Ethical Analysis.of Intellectual Property - 2008 - In Tom L. Beauchamp, Norman E. Bowie & Denis Gordon Arnold (eds.), Ethical Theory and Business. Pearson/Prentice Hall.
     
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  5. Maker theory?Propertied Objects as Truth-Makers - 2006 - In Paolo Valore (ed.), Topics on General and Formal Ontology. Polimetrica International Scientific Publisher.
     
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  6.  56
    Part One Property-Owning Democracy.Property-Owning Democracy - 2012 - In T. Williamson (ed.), Property-Owning Democracy: Rawls and Beyond. Wiley-Blackwell. pp. 15.
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  7.  18
    Jacek Pasnic/ck.Complex Properties Do We Need & Inour Ontology - 2006 - In J. Jadacki & J. Pasniczek (eds.), The Lvov-Warsaw School: The New Generation. Reidel. pp. 113.
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  8. Toward a Practical Politics of Property-Owning Democracy: Program and Politics.Property-Owning Democracy - 2012 - In T. Williamson (ed.), Property-Owning Democracy: Rawls and Beyond. Wiley-Blackwell. pp. 223.
  9.  31
    Simon Bostock.Property Realism - forthcoming - Metaphysica.
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  10. John Baden and Richard Stroup.Property Rights - forthcoming - Contemporary Issues in Business Ethics.
     
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  11. A New Modal Lindstrom Theorem.Finite Depth Property - 2006 - In Henrik Lagerlund, Sten Lindström & Rysiek Sliwinski (eds.), Modality Matters: Twenty-Five Essays in Honour of Krister Segerberg. Uppsala Philosophical Studies 53. pp. 55.
     
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  12.  14
    Democracy: Work, Gender, Political Economy.Interrogating Property-Owning - 2012 - In T. Williamson (ed.), Property-Owning Democracy: Rawls and Beyond. Wiley-Blackwell. pp. 147.
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  13. Understanding the object.Property Structure in Terms of Negation: An Introduction to Hegelian Logic & Metaphysics in the Perception Chapter - 2019 - In Robert Brandom (ed.), A Spirit of Trust: A Reading of Hegel’s _phenomenology_. Cambridge, Massachusetts: Harvard University Press.
     
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  14. Inhalt: Werner Gephart.Oder: Warum Daniel Witte: Recht Als Kultur, I. Allgemeine, Property its Contemporary Narratives of Legal History Gerhard Dilcher: Historische Sozialwissenschaft als Mittel zur Bewaltigung der ModerneMax Weber und Otto von Gierke im Vergleich Sam Whimster: Max Weber'S. "Roman Agrarian Society": Jurisprudence & His Search for "Universalism" Marta Bucholc: Max Weber'S. Sociology of Law in Poland: A. Case of A. Missing Perspective Dieter Engels: Max Weber Und Die Entwicklung des Parlamentarischen Minderheitsrechts I. V. Das Recht Und Die Gesellsc Civilization Philipp Stoellger: Max Weber Und Das Recht des Protestantismus Spuren des Protestantismus in Webers Rechtssoziologie I. I. I. Rezeptions- Und Wirkungsgeschichte Hubert Treiber: Zur Abhangigkeit des Rechtsbegriffs Vom Erkenntnisinteresse Uta Gerhardt: Unvermerkte Nahe Zur Rechtssoziologie Talcott Parsons' Und Max Webers Masahiro Noguchi: A. Weberian Approach to Japanese Legal Culture Without the "Sociology of Law": Takeyoshi Kawashima - 2017 - In Werner Gephart & Daniel Witte (eds.), Recht als Kultur?: Beiträge zu Max Webers Soziologie des Rechts. Frankfurt am Main: Vittorio Klosterman.
     
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  15.  12
    From Conflict to Confluence of Interest.Intellectual Property Rights - 2010 - In Thomas H. Murray & Josephine Johnston (eds.), Trust and integrity in biomedical research: the case of financial conflicts of interest. Baltimore: Johns Hopkins University Press.
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  16. Public ai= I= airs quarterly.Private Property Rights - 2002 - Public Affairs Quarterly 16:231.
  17. Roland N. Mckean.Some Changing Property Rights - forthcoming - Contemporary Issues in Business Ethics.
     
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  18.  24
    ""Platonic Dualism, LP GERSON This paper analyzes the nature of Platonic dualism, the view that there are immaterial entities called" souls" and that every man is identical with one such entity. Two distinct arguments for dualism are discovered in the early and middle dialogues, metaphysical/epistemological and eth.Aaron Ben-Zeev Making Mental Properties More Natural - 1986 - The Monist 69 (3).
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  19. The following classification is pragmatic and is intended merely to facilitate reference. No claim to exhaustive categorization is made by the parenthetical additions in small capitals.Psycholinguistics Semantics & Formal Properties Of Languages - 1974 - Foundations of Language: International Journal of Language and Philosophy 12:149.
  20. Bebhinn donnelly/the epistemic connection between nature and value in new and traditional natural law theory 1–29 re'em segev/justification, rationality and mistake: Mistake of law is no excuse? It might be a justification! 31–79. [REVIEW]Daniel Attas & Fragmenting Property - 2006 - Law and Philosophy 25:673-674.
     
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  21.  23
    Set to take place from March 21-24, at the glorious Queensland Gold Coast, LAWASIAdownunder2005 will undoubtedly be the leading legal conference for Asia and the Pacific in 2005. [REVIEW]Intellectual Property Law - forthcoming - Ethos: Journal of the Society for Psychological Anthropology.
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  22.  23
    Defining Crimes: Essays on the Special Part of the Criminal Law.R. A. Duff & Stuart Green (eds.) - 2005 - Oxford University Press UK.
    This collection of original essays, by some of the best known contemporary criminal law theorists, tackles a range of issues about the criminal law's 'special part' - the part of the criminal law that defines specific offences. One of its aims is to show the importance, for theory as well as for practice, of focusing on the special part as well as on the general part which usually receives much more theoretical attention. Some of the issues covered concern the (...)
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  23. Not all slurs are equal.Mihaela Popa-Wyatt - 2016 - Phenomenology and Mind 11:150-156.
    Slurs are typically defined as conveying contempt based on group-membership. However, here I argue that they are not a unitary group. First, I describe two dimensions of variation among derogatives: how targets are identified, and how offensive the term is. This supports the typical definition of slurs as opposed to other derogatives. I then highlight problems with this definition, mainly caused by variable offence across slur words. In the process I discuss how major theories of slurs can account for variable (...)
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  24.  21
    The Main Features of Contemporary Criminality in Lithuania.Genovaitė Babachinaitė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (4):1619-1632.
    This article refers to the main features of contemporary criminality in Lithuania. The period of analysis of those main features is 2004-2011. From 2004, a period of stable state registration of criminality, i.e. a period without significant changes in criminal laws commenced. The article deals with the analysis of spreading criminality in Lithuania, and the main socio-demographical features of persons charged with criminal offences. The registered number of criminal offences in 2011 decreased by about 15%, compared to 2004. (...)
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  25.  10
    Offensive language in media discussion forums: A pragmatic analysis.Renata Povolná & Olga Dontcheva Navratilova - 2023 - Lodz Papers in Pragmatics 19 (2):223-238.
    This study intends to contribute to the delimitation of selected offensive language categories based on an analysis of a corpus of contributions to discussion forums in Czech online national newspapers and news platforms called Czech Corpus of Offensive Language (CCOL). It endeavours to study three problematic areas (1) delimitation between the speech acts performed, (ii) lexical realisation of specific properties of the target and (iii) identification and categorisation of implicit offence (e.g. figurative semantic shifts) by exploring contextual cues for the (...)
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  26.  12
    An integrated explicit and implicit offensive language taxonomy.Barbara Lewandowska-Tomaszczyk, Anna Bączkowska, Chaya Liebeskind, Giedre Valunaite Oleskeviciene & Slavko Žitnik - 2023 - Lodz Papers in Pragmatics 19 (1):7-48.
    The current study represents an integrated model of explicit and implicit offensive language taxonomy. First, it focuses on a definitional revision and enrichment of the explicit offensive language taxonomy by reviewing the collection of available corpora and comparing tagging schemas applied there. The study relies mainly on the categories originally proposed by Zampieri et al. (2019) in terms of offensive language categorization schemata. After the explanation of semantic differences between particular concepts used in the tagging systems and the analysis of (...)
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  27.  48
    Repentance rituals and restorative justice.J. Braithwaite - 2000 - Journal of Political Philosophy 8 (1):115–131.
    For most of this century, debate over how criminal justice should be transacted has alternated between an emphasis on retribution versus rehabilitation. Restoration has emerged in the 1990s as a credible third alternative. The most influential definition of restorative justice is by Tony Marshall in the context of a Delphi process conducted by Paul McCold: ‘Restorative justice is a process whereby all the parties with a stake in a particular offence come together to resolve collectively how to deal with the (...)
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  28. Consent, Communication, and Abandonment.Tom Dougherty - 2019 - Law and Philosophy 38 (4):387-405.
    According to the Behavioral View of consent, consent must be expressed in behavior in order to release someone from a duty. By contrast, the Mental View of consent is that normatively efficacious consent is entirely mental. In previous work, I defended a version of the Behavioral View, according to which normatively efficacious ‘consent always requires public behavior, and this behavior must take the form of communication in the case of high-stakes consent’. In this essay, I respond to two arguments by (...)
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  29.  58
    Definitions of intent suitable for algorithms.Hal Ashton - 2022 - Artificial Intelligence and Law 31 (3):515-546.
    This article introduces definitions for direct, means-end, oblique (or indirect) and ulterior intent which can be used to test for intent in an algorithmic actor. These definitions of intent are informed by legal theory from common law jurisdictions. Certain crimes exist where the harm caused is dependent on the reason it was done so. Here the actus reus or performative element of the crime is dependent on the mental state or mens rea of the actor. The ability to prosecute these (...)
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  30.  30
    Recklessness and Circumstances in Criminal Attempts.Di Yang - 2023 - Criminal Law and Philosophy 17 (2):359-380.
    Criminal attempts require intent to commit an offence. But what constitutes such intent? Some cases are fairly straightforward. I act with intent to convert stolen goods if I intend that the goods I purchase be stolen. A man acts with intent to commit rape if he intends that the sexual intercourse be non-consensual. Other cases leave room for reasonable disagreement. Did a man intend to convert criminal property when he purchased goods which he suspected might be stolen? And did (...)
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  31. Caselaw H v R: a final analysis.Sally Ramage - manuscript
    This is a case that should go to the European Court of Human Rights. A decent, senior qualified family doctor was accused by his mentally ill daughter of sex abuse. Without real evidence except for what the girl told another mentally ill patient at a psychiatric hospital she stayed at for several years, and wit just two witnesses, one a younger child wo saw none of the accused offences, and the other parent, struck off the General Medical Council Register (...)
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  32.  27
    Illicit Enrichment as a Crime According to the Criminal Law of Lithuania: Origins, Problems of Criminalization, Implementation and Perspectives.Laurynas Pakštaitis - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (1):319-341.
    Recent developments in criminal legislation of the Republic of Lithuania among other significant novelties include the criminalization of illicit enrichment as criminal offence. Such offence presents new legal instrument for the law enforcement in dealing with individuals who acquire property in doubtful ways. The crime of illicit enrichment is rather a novelty within the context of criminal legislation. Such novelty was largely based upon the requirements of United Nations Convention against Corruption, which stipulates the implementation of such legal measure. (...)
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  33.  3
    A Dangerous Ideal (Classic Reprint).Albert Leffingwell - 2018 - Forgotten Books.
    Excerpt from A Dangerous Ideal It seems almost incredible that at the middle of this Nineteenth Century there was no law in America which made the cruel treatment of animals, in itself, a punish able offence. Those of us old enough to remember village life, say forty years ago, will recall many an act of inhumanity which then passed for sport, but which to - day is a crime. I remember certain companions of my own boyhood for example, all of (...)
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  34.  18
    Inequality in Academic Performance and Juvenile Convictions: An Area-Based Analysis.Ricardo Sabates, Leon Feinstein & Anirudh Shingal - 2011 - British Journal of Educational Studies 59 (2):143-158.
    This paper focuses on the links between inequality in academic performance and juvenile conviction rates for violent crime, stealing from another person, burglary in a dwelling and racially motivated offences. We use area-based aggregate data to model this relationship. Our results show that, above and beyond impacts of absolute access to resources, young people who grow up in school cohorts marked by higher levels of disparity in educational achievement may be more prone to commit violent crime and racially motivated (...)
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  35. Offences and defences: selected essays in the philosophy of criminal law.John Gardner - 2007 - New York: Oxford University Press.
    The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.
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  36. Rank Offence: The Ecological Theory of Resentment.Samuel Reis-Dennis - 2021 - Mind 130 (520):1233-1251.
    I argue that fitting resentment tracks unacceptable ‘ecological’ imbalances in relative social strength between victims and perpetrators that arise from violations of legitimate moral expectations. It does not respond purely, or even primarily, to offenders’ attitudes, and its proper targets need not be fully developed moral agents. It characteristically involves a wish for the restoration of social equilibrium rather than a demand for moral recognition or good will. To illuminate these contentions, I focus on cases that I believe demonstrate a (...)
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  37. Supererogation and Offence: A Conceptual Scheme for Ethics.R. M. Chisholm - 1963 - Ratio (Misc.) 5 (1):1.
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  38.  8
    Reporting Offences and Protection of the Public Interest in Moravian Provincial Law in the 16th Century.Jana Janišová - 2023 - Studies in Logic, Grammar and Rhetoric 68 (1):527-540.
    The legal institute of whistleblowing as a tool for detecting wrong-doing, especially in large corporations, and at the same time as an institute of whistleblower protection is a matter of modern law and its wider use has been registered only in recent decades. However, some aspects of whistleblowing, in particular the protection of the public interest and the possibility for weaker parties to report offences to an official, can already be found in older law in many different countries. Moravian (...)
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  39.  11
    Offences and Defences Again.Peter Westen - 2008 - Oxford Journal of Legal Studies 28 (3):563-584.
  40.  10
    Profound Offence and Cultural Appropriation.James O. Young - 2008 - In Cultural Appropriation and the Arts. Oxford, UK: Blackwell. pp. 129–151.
    This chapter contains section titled: Harm, Offence, and Profound Offence Examples of Offensive Cultural Appropriation The Problem and the Key to its Solution Social Value and Offensive Art Freedom of Expression The Sacred and the Offensive Time and Place Restrictions Toleration of Offensive Art Reasonable and Unreasonable Offence.
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  41.  16
    The Property Right to Voice.Avital Margalit & Shai Stern - 2024 - Canadian Journal of Law and Jurisprudence 37 (1):167-197.
    Should property owners have a unique right to express their opinion just because they own property? While current law recognizes owners’ rights to express their voices in certain instances, it does not provide comprehensive and coherent answers to this question. This article provides an analytical framework for recognizing the owners’ right to voice as an independent property entitlement within the owners’ property bundle of rights and delineates its boundaries. Yet even when the owners’ voice is (...)-dependent, there is a difference between voice that facilitates the realization of another property entitlement (such as the right to exclude, use, or trade) and voice that is constitutive to ownership in and of itself. Only the latter instances justify recognition of the owners’ right to a voice as an independent property entitlement. By examining different branches of both tangible and intellectual property law, such as inheritance law, eminent domain, homeowners’ association law, zoning law, and copyright law, this article demonstrates the usefulness of the proposed analytical framework in explaining certain parts of the current law and suggests modifications of other parts. (shrink)
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  42.  35
    Offence and Virtue Ethics.Gregory Mellema - 1991 - Canadian Journal of Philosophy 21 (3):323 - 329.
    In his 1963 essay ‘Supererogation and Offence: A Conceptual Scheme for Ethics,’ Roderick Chisholm describes a category of human acts which he calls ‘offences’:A system of moral concepts which provides a place for what is good but not obligatory, should also provide a place for what is bad but not forbidden. For if there is such a thing as “non-obligatory well-doing” then it is plausible to suppose that there is also such a thing as “permissive ill-doing.” There is no (...)
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  43.  25
    Offences Ranked: The Williams Report on Obscenity.Anthony Skillen - 1982 - Philosophy 57 (220):237 - 245.
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  44. Property Rights : Philosophic Foundations.Lawrence C. Becker - 1977 - Routledge.
    _Property Rights: Philosophic Foundations,_ first published in 1977, comprehensively examines the general justifications for systems of private property rights, and discusses with great clarity the major arguments as to the rights and responsibilities of property ownership. In particular, the arguments that hold that there are natural rights derived from first occupancy, labour, utility, liberty and virtue are considered, as are the standard anti-property arguments based on disutility, virtue and inequality, and the belief that justice in distribution must (...)
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  45. Powerful Properties, Powerless Laws.Heather Demarest - 2017 - In Jonathan D. Jacobs (ed.), Causal Powers. Oxford, United Kingdom: Oxford University Press. pp. 38-53.
    I argue that the best scientific package is anti-Humean in its ontology, but Humean in its laws. This is because potencies and the best system account of laws complement each other surprisingly well. If there are potencies, then the BSA is the most plausible account of the laws of nature. Conversely, if the BSA is the correct theory of laws, then formulating the laws in terms of potencies rather than categorical properties avoids three serious objections: the mismatch objection, the impoverished (...)
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  46.  56
    Intellectual Property Rights, Moral Imagination, and Access to Life-Enhancing Drugs.Michael Gorman - 2005 - Business Ethics Quarterly 15 (4):595-613.
    Abstract:Although the idea of intellectual property (IP) rights—proprietary rights to what one invents, writes, paints, composes or creates—is firmly embedded in Western thinking, these rights are now being challenged across the globe in a number of areas. This paper will focus on one of these challenges: government-sanctioned copying of patented drugs without permission or license of the patent owner in the name of national security, in health emergencies, or life-threatening epidemics. After discussing standard rights-based and utilitarian arguments defending intellectual (...)
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  47. Offence on the Internet.John Weckert - 1998 - In Terrell Ward Bynum & Simon Rogerson (eds.), Computer Ethics and Professional Responsibility. Wiley-Blackwell. pp. 327-340.
     
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  48. Taking Offence on Social Media: Conviviality and Communication on Facebook.[author unknown] - 2017
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  49.  99
    Taking offence.J. Shand - 2010 - Analysis 70 (4):703-706.
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  50.  20
    The “Offence of any and all Ready-Made GivennessGivennesses”. Natorp’s Critique of Husserl’s Ideas I.Burt C. Hopkins - 2021 - In Rodney K. B. Parker (ed.), The Idealism-Realism Debate Among Edmund Husserl’s Early Followers and Critics. Springer Verlag. pp. 73-97.
    I present the first systematic account in the literature of a Husserlian response to Natorp’s critique of Husserl’s account of the pre-givenness of both the absolute stream of lived-experience and its essencesEssences to reflectionReflections. My response is presented within the broader context of what I argue is Heidegger’s misappropriation of Natorp’s critique of the phenomenological limits of reflectionReflections in Husserl’s transcendental phenomenologyTranscendental phenomenology and the misguided French attempt to address Heidegger’s critique by introducing the dialectical notion of “pre-reflectivePre-reflective” consciousness to (...)
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