Results for 'Third-Party Defense'

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  1.  6
    Larry Alexander.Third-Party Defense - 2012 - In Marmor Andrei (ed.), The Routledge Companion to Philosophy of Law. Routledge. pp. 222.
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  2. In Defense of Third-Party Forgiveness.Alice MacLachlan - 2017 - In Kathryn J. Norlock (ed.), The Moral Psychology of Forgiveness. Rowman & Littlefield International. pp. 135-160.
    In this paper, I take issue with the widespread philosophical consensus that only victims of wrongdoing are in a position to forgive it. I offer both a defense and a philosophical account of third-party forgiveness. I argue that when we deny this possibility, we misconstrue the complex, relational nature of wrongdoing and its harms. We also risk over-moralizing the victim's position and overlooking the roles played by secondary participants. I develop an account of third-party forgiveness (...)
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  3.  82
    Rare but routine: The physician's obligation to protect third parties.Elmer D. Abbo & Angelo E. Volandes - 2006 - American Journal of Bioethics 6 (2):34 – 36.
    Kenneth Kipnis (2006) presents a normative defense of strict confidentiality, but it follows from an empirical claim that allowing breach would result in all parties being worse off, including, par...
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  4.  22
    Self-Defense for Theists.Blake Hereth - 2022 - Journal of Analytic Theology 10:246-276.
    According to Theistic Defensive Incompatibilism, common theistic commitments limit the scope or explanation of permissible self-defense. In this essay, I offer six original arguments for Theistic Defensive Incompatibilism. The first four arguments concern narrow proportionality: the requirement that the defensive harm inflicted on unjust threateners not exceed the harm they threaten. Hellism, Annihilationism, and Danteanism each imply that narrow proportionality is rarely satisfied, whereas Universalism implies that killing never harms. The final two arguments concern wide proportionality, or the requirement (...)
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  5. A defense of unqualified medical confidentiality.Kenneth Kipnis - 2006 - American Journal of Bioethics 6 (2):7 – 18.
    It is broadly held that confidentiality may be breached when doing so can avert grave harm to a third party. This essay challenges the conventional wisdom. Neither legal duties, personal morality nor personal values are sufficient to ground professional obligations. A methodology is developed drawing on core professional values, the nature of professions, and the justification for distinct professional obligations. Though doctors have a professional obligation to prevent public peril, they do not honor it by breaching confidentiality. It (...)
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  6. Animal rights and self-defense theory.John Hadley - 2009 - Journal of Value Inquiry 43 (2):165-177.
    In this paper I bring together self-defense theory and animal rights theory. The extension of self-defense theory to animals poses a serious problem for proponents of animal rights. If, in line with orthodox self-defense theory, a person is a legitimate target for third-party self-defensive violence if they are responsible for a morally unjustified harm without an acceptable excuse; and if, in line with animal rights theory, people that consume animal products are responsible for unjustified harm (...)
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  7.  45
    A Defense of Spoiler Voting.W. Scott Looney & Preston Werner - 2020 - Public Affairs Quarterly 34 (3):205-228.
    A familiar debate in first-past-the-post democracies is whether ideologically disenfranchised voters should cast their vote for minor party candidates. We argue that voting for minor party candidates will sometimes be the best strategic option for voters with non-mainstream ideologies. Major parties, as rational agents, will be ideologically responsive to genuine threats of defection. By voting for a minor party, voters can simultaneously punish major parties for unfairly “bargaining” with their voting bloc and also signal their ideological reasons (...)
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  8.  33
    A Defense Defended.Kenneth Kipnis - 2006 - American Journal of Bioethics 6 (2):W32-W34.
    It is broadly held that confidentiality may be breached when doing so can avert grave harm to a third party. This essay challenges the conventional wisdom. Neither legal duties, personal morality nor personal values are sufficient to ground professional obligations. A methodology is developed drawing on core professional values, the nature of professions, and the justification for distinct professional obligations. Though doctors have a professional obligation to prevent public peril, they do not honor it by breaching confidentiality. It (...)
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  9.  21
    Revisiting the form and function of conflict: Neurobiological, psychological, and cultural mechanisms for attack and defense within and between groups.Carsten K. W. De Dreu & Jörg Gross - 2019 - Behavioral and Brain Sciences 42:e116.
    Conflict can profoundly affect individuals and their groups. Oftentimes, conflict involves a clash between one side seeking change and increased gains through victory and the other side defending the status quo and protecting against loss and defeat. However, theory and empirical research largely neglected these conflicts between attackers and defenders, and the strategic, social, and psychological consequences of attack and defense remain poorly understood. To fill this void, we model (1) the clashing of attack and defense as games (...)
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  10.  30
    Not as a Means: Killing as a Side Effect in Self‐defense.Kerah Gordon-Solmon - 2019 - Pacific Philosophical Quarterly 100 (4):1074-1090.
    A person drives her well‐maintained car cautiously and alertly to the movies. Freak circumstances send the car out of control. It veers in the direction of a pedestrian whom it will kill unless she, or a third party, blows it up with a grenade. Whether the driver is liable to be thusly killed polarizes debates about the ethics of self‐defense. But debaters frequently conflate the questions of whether and by what means the driver is liable to be (...)
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  11.  3
    In Further Defense of “Better than Best (Interest)”.Lainie Friedman Ross - 2019 - Journal of Clinical Ethics 30 (3):232-239.
    In their thoughtful critiques of my article “Better than Best (Interest Standard) in Pediatric Decision Making,” my colleagues make clear that there is little consensus on what is (are) the appropriate guidance and intervention principles in pediatric decision making, and disagree about whether one principle can serve both functions. Hester proposes his own unitary principle, the reasonable interest standard, which, like the best interest standard from which it is derived, encourages parents to aim for the great, although Hester tempers it (...)
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  12.  32
    Third-Party Certification, Sponsorship, and Consumers’ Ecolabel Use.Nicole Darnall, Hyunjung Ji & Diego A. Vázquez-Brust - 2018 - Journal of Business Ethics 150 (4):953-969.
    While prior ecolabel research suggests that consumers’ trust of ecolabel sponsors is associated with their purchase of ecolabeled products, we know little about how third-party certification might relate to consumer purchases when trust varies. Drawing on cognitive theory and a stratified random sample of more than 1200 consumers, we assess how third-party certification relates to consumers’ use of ecolabels across different program sponsors. We find that consumers’ trust of government and environmental NGOs to provide credible environmental (...)
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  13.  27
    Book Review: Literature Against Philosophy, Plato to Derrida: A Defense of Poetry. [REVIEW]Paul M. Hedeen - 1996 - Philosophy and Literature 20 (2):538-540.
    In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Literature Against Philosophy, Plato to Derrida: A Defense of PoetryPaul M. HedeenLiterature Against Philosophy, Plato to Derrida: A Defense of Poetry, by Mark Edmundson; 239 pp. New York: Cambridge University Press, 1995, $59.95 cloth, $17.95 paper.In this age of suspicion, it is refreshing to meet a believer like Mark Edmundson, someone merging “versions of freedom and fate” (p. 235). To many, such an accommodation is automatically (...)
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  14. Taking it Personally: Third-Party Forgiveness, Close Relationships, and the Standing to Forgive.Rosalind Chaplin - 2019 - Oxford Studies in Normative Ethics 9:73-94.
    This paper challenges a common dogma of the literature on forgiveness: that only victims have the standing to forgive. Attacks on third-party forgiveness generally come in two forms. One form of attack suggests that it follows from the nature of forgiveness that third-party forgiveness is impossible. Another form of attack suggests that although third-party forgiveness is possible, it is always improper or morally inappropriate for third parties to forgive. I argue against both of (...)
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  15.  55
    The Third Party. Levinas on the Intersection of the Ethical and the Political.Robert Bernasconi - 1999 - Journal of the British Society for Phenomenology 30 (1):76-87.
  16.  22
    The third party.Robert Bernasconi - 2005 - In Claire Elise Katz & Lara Trout (eds.), Emmanuel Levinas. Routledge. pp. 1--1.
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  17. Third Party Duty of Justice.Kumie Hattori - 2024 - Archiv für Rechts- und Sozialphilosophie 110 (1):5-29.
    This paper explores the theoretical basis of the third party’s duty of justice as to grave human rights violations, presenting role obligations as the best complement to the literature. It begins with discussions on agents of justice in duty-based theories, notably O’Neill’s account on global justice, and rights-based theories, which are both included in the institution-centred perspective. I claim that these studies have failed to consider an individual duty bearer’s motive, autonomous reasoning and integrity in relation to justice, (...)
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  18.  89
    Third Parties and the Social Scaffolding of Forgiveness.Margaret Urban Walker - 2013 - Journal of Religious Ethics 41 (3):495-512.
    It is widely accepted that only the victim of a wrong can forgive that wrong. Several philosophers have recently defended “third-party forgiveness,” the scenario in which A, who is not the victim of a wrong in any sense, forgives B for a wrong B did to C. Focusing on Glen Pettigrove's argument for third-party forgiveness, I will defend the victim's unique standing to forgive, by appealing to the fact that in forgiving, victims must absorb severe and (...)
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  19.  84
    Routine third party disclosure of hiv results to identifiable sexual partners in sub-Saharan Africa.Francis Masiye & Robert Ssekubugu - 2008 - Theoretical Medicine and Bioethics 29 (5):341-348.
    The challenges of dealing with disclosure of HIV status cause frustration to health care providers and counselors. This frustration follows from the already known high risk to the third party on one hand and our ethical obligation to “respect persons” in terms of privacy and confidentiality on the other side. Given the stubbornly low rates of voluntary disclosure (partner notification) among couples, however, it is quite tempting to suggest a paradigm of routine third party disclosure to (...)
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  20.  14
    The ThirdParty Notification Dilemma.Ann K. Adams - 2014 - Hastings Center Report 44 (s3):31-32.
    In their report in this supplement on research regulatory systems, Barbara Bierer and Mark Barnes note that, when research misconduct has been detected but not yet proven, the individual with institutional responsibility for oversight of research misconduct investigations “may determine that notification of relevant journals or professional societies and correction or full retraction of implicated papers or presentations is appropriate. In those cases, even when a finding of research misconduct per se has not been made or has not been explicitly (...)
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  21.  25
    Costly third-party punishment in young children.Katherine McAuliffe, Jillian J. Jordan & Felix Warneken - 2015 - Cognition 134 (C):1-10.
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  22.  21
    Third Party Funding in Arbitration: Questions and Justifications.Khaldoun S. Qtiashat & Ali K. Qtaishat - 2019 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 34 (2):341-356.
    Utility of third party funding is an undeniable fact, especially where a party is under financial strain, yet its increased usage in private arbitration has given rise to a number of substantive and procedural issues. In view of this, the present paper attempts to map the growing utility or otherwise of the mechanism of third party funding, and analyses its various nuances and legal sustainability within the framework of international arbitration. Further, an attempt is made (...)
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  23. Third-Party Risks in Research: Should IRBs Address Them?Daniel Hausman - 2007 - IRB: Ethics & Human Research 29 (3).
    The risks to groups posed by research involving human beings—including genetics research—should be conceived of as a species of third-party risks. The important task of protecting third parties from the risks posed by the conduct and the findings of research should not be assigned to IRBs because they are not designed or equipped to handle such a broad responsibility. The serious problems raised by third-party risks require an integration of policy-making and regulation that is beyond (...)
     
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  24.  37
    Third-party apologies, theory and form.Marc A. Cohen - 2022 - American Philosophical Quarterly 59 (3):287-295.
    When A wrongs B while C observes, or when B tells C afterward, C might apologize. This could seem to be an imprecise or merely metaphorical use of the word ‘apology’ to refer to an expression of sympathy. But this short paper explains how third-party apologies function as apologies (they restore respect to B, the victim, that was undermined by the wrongdoer A); it explains why such an apology could be morally necessary on C's part; and it provides (...)
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  25.  12
    Third-Party Punishment or Compensation? It Depends on the Reputational Benefits.Zhuang Li, Gengdan Hu, Lei Xu & Qiangqiang Li - 2021 - Frontiers in Psychology 12.
    Third-party fairness maintenance could win some reputational benefits, and it includes two methods: punishment and compensation. We predicted that the third parties' preference between punishment and compensation are affected by whether they are free to choose between the two methods, and the affection could be interpreted through reputational benefits. The present study includes two sections. In Study 1, the participants acted as fourth parties who were asked to rate the reputations of the third parties who had (...)
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  26. The Third Party: Power, Disappearances, Performances.Antonia Garcia Castro - 2002 - Diogenes 49 (193):66-76.
    The scene takes place in O'Higgins Park, in Santiago, Chile, on 1 October 1995. Some women have just taken their place on the stage and the enthusiastic audience is applauding, the women have started singing accompanied by a guitar, but they cannot be heard, for the audience is still applauding. One of the women gets up. Like the others, she is wearing a white blouse and a long black skirt, she is old and her hair is grey. She moves to (...)
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  27.  15
    Third party sanctions in games with communication.Jan Obłój & Katarzyna Abramczuk - 2017 - Studies in Logic, Grammar and Rhetoric 50 (1):109-138.
    This paper discusses the relation between communication and preservation of social norms guarded by third-party sanctions. In 2001 Jonathan Bendor and Piotr Swistak derived deductively the existence of such norms from a simple boundedly rational choice model. Their analysis was based on a perfect public information case. We take into account communication and analyse at the micro level the process of production and interpretation of information on which decisions are based. We show that when information is fully private (...)
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  28.  18
    Third-Party Payers and the Costs of Biomedical Research.Ana Smith Iltis - 2005 - Kennedy Institute of Ethics Journal 15 (2):135-160.
    : Four principal arguments have been offered in support of requiring public and private third-party payers to help fund medical research: (1) many of the costs associated with clinical trial participation are for routine care that would be reimbursed if delivered outside of a trial; (2) there is a need to promote scientific research and medical progress and lack of coverage is an impediment to enrollment; (3) to cover the costs of trials expands health care and treatment options (...)
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  29.  7
    Third Parties.Gregory E. Kaebnick - 2020 - Hastings Center Report 50 (6):2-2.
    The lead article in the Hastings Center Report's November‐December 2020 issue reconsiders the rationale for requiring that patients have a prescription from a physician to obtain a drug. Madison Kilbride, Steve Joffe, and Holly Fernandez Lynch conclude that growing respect for patient autonomy should lead to a new default for drug access: drugs should be available over the counter unless there are special concerns about harms to third parties or about patients' ability to make decisions for themselves. This conclusion (...)
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  30.  20
    Third parties belief in a just world and secondary victimization.Farzaneh Pahlavan - 2013 - Behavioral and Brain Sciences 36 (1):30-31.
    This commentary focuses on how third parties impact the course of acts of revenge based on their world views, such as belief in a just world. Assuming this belief to be true, the following questions could be asked: (a) What are the consequences of a third party's worldview in terms of secondary victimization? (b) Are bystanders actually aware of these consequences? (c) If so, then why do they let it happens?
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  31.  38
    Third parties and status position: How the characteristics of status systems matter.Michael Sauder - 2006 - Theory and Society 35 (3):299-321.
  32. Manipulating Morality: ThirdParty Intentions Alter Moral Judgments by Changing Causal Reasoning.Jonathan Phillips & Alex Shaw - 2014 - Cognitive Science 38 (8):1320-1347.
    The present studies investigate how the intentions of third parties influence judgments of moral responsibility for other agents who commit immoral acts. Using cases in which an agent acts under some situational constraint brought about by a third party, we ask whether the agent is blamed less for the immoral act when the third party intended for that act to occur. Study 1 demonstrates that third-party intentions do influence judgments of blame. Study 2 (...)
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  33.  24
    Gratitude increases third-party punishment.Jonathan Vayness, Fred Duong & David DeSteno - 2020 - Cognition and Emotion 34 (5):1020-1027.
    Third-party punishment (TPP) occurs when the perpetrator of a transgression is punished by an individual who is not the victim of the transgression and, therefore, not directly affected by it. As F...
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  34. Third Party Forgiveness.Leonard Kahn - 2016 - In Courtland Lewis (ed.), The Philosophy of Forgiveness, Volume II: New Dimensions of Forgiveness. Vernon Press. pp. 15-46.
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  35.  85
    Third party assisted conception: An african perspective.Godfrey B. Tangwa - 2008 - Theoretical Medicine and Bioethics 29 (5):297-306.
    The central importance of reproduction in all human cultures has given rise to many methods and techniques of assisting reproduction or overcoming infertility. Such methods and techniques have achieved spectacular successes in the Western world, where processes like in vitro fertilization (IVF) constitute a remarkable breakthrough. In this paper, the author attempts to reflect critically on assisted reproduction technologies (ART) from the background and perspective of African culture, a culture within which human reproduction is given the highest priority but which (...)
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  36. Third parties and status systems: How the structures of status systems matter.Michael Sauder - 2006 - Theory and Society 35:299-321.
     
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  37.  6
    Third Party Questions: The Privity Problem.Reiner Schulze - 2007 - In New Features in Contract Law. Sellier de Gruyter.
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  38.  19
    Preverbal Infants Infer ThirdParty Social Relationships Based on Language.Zoe Liberman, Amanda L. Woodward & Katherine D. Kinzler - 2017 - Cognitive Science 41 (S3):622-634.
    Language provides rich social information about its speakers. For instance, adults and children make inferences about a speaker's social identity, geographic origins, and group membership based on her language and accent. Although infants prefer speakers of familiar languages, little is known about the developmental origins of humans’ sensitivity to language as marker of social identity. We investigated whether 9-month-olds use the language a person speaks as an indicator of that person's likely social relationships. Infants were familiarized with videos of two (...)
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  39.  13
    Competitive Third-Party Regulation: How Private Certification Can Overcome Constraints That Frustrate Government Regulation.Timothy D. Lytton - 2014 - Theoretical Inquiries in Law 15 (2):539-572.
    Private certification as a means of risk regulation and quality assurance can offer advantages over government regulation, including superior technical expertise, better inspection and monitoring of regulated entities, increased responsiveness to consumers, and greater efficiency. This Article examines two examples of reliable private certification in regulatory arenas - fire safety and kosher food - where political opposition and resource constraints have frustrated government regulatory efforts. The Article identifies key features of reliable private certification and analyzes its comparative institutional advantages over (...)
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  40.  9
    § 8. Third party rights.Alastair Mullis & Peter Huber - 2007 - In Alastair Mullis & Peter Huber (eds.), The Cisg: A New Textbook for Students and Practitioners. Sellier de Gruyter.
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  41.  56
    Righting the Wrong for Third Parties: How Monetary Compensation, Procedure Changes and Apologies Can Restore Justice for Observers of Injustice.Natàlia Cugueró-Escofet, Marion Fortin & Miguel-Angel Canela - 2014 - Journal of Business Ethics 122 (2):253-268.
    People react negatively not only to injustices they personally endure but also to injustices that they observe as bystanders at work—and typically, people observe more injustices than they personally experience. It is therefore important to understand how organizations can restore observers’ perceptions of justice after an injustice has occurred. In our paper, we employ a policy capturing design to test and compare the restorative power of monetary compensation, procedure changes and apologies, alone and in combination, from the perspective of (...) parties. We extend previous research on remedies by including different degrees of compensation and procedural changes, by comparing the effects of sincere versus insincere apologies and by including apologies from additional sources. The results indicate that monetary compensation, procedure changes, and sincere apologies all have a significant and positive effect on how observers perceive the restoration of justice. Insincere apologies, on the other hand, have no significant effect on restoration for third parties. Procedural changes were found to have the strongest remedial effects, a remedy rarely included in previous research. One interpretation of this finding could be that observers of injustice prefer solutions that are not short sighted: changing procedures avoids future injustices that could affect other people. We found that combinations of remedies, such that the presence of a second remedy strengthens the effect of the first remedy, are particularly effective. Our findings regarding interactions underline the importance of studying and administering remedies in conjunction with each other. (shrink)
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  42.  44
    Trusting third-party storage providers for holding personal information. A context-based approach to protect identity-related data in untrusted domains.Giulio Galiero & Gabriele Giammatteo - 2009 - Identity in the Information Society 2 (2):99-114.
    The never ending growth of digital information and the availability of low-cost storage facilities and networks capacity is leading users towards moving their data to remote storage resources. Since users’ data often holds identity-related information, several privacy issues arise when data can be stored in untrusted domains. In addition digital identity management is becoming extremely complicated due to the identity replicas proliferation necessary to get authentication in different domains. GMail and Amazon Web Services, for instance, are two examples of online (...)
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  43.  8
    Third-Party Uses of Music and Musical Pragmatics.Justin London - 2008 - Journal of Aesthetics and Art Criticism 66 (3):253 - 264.
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  44.  9
    The Third Party.Marco M. Olivetti - 2005 - Philosophy Today 49 (4):362-368.
  45.  22
    Interested Third Parties: A Response to Tania Modleski.Ann Pellegrini - 2000 - Critical Inquiry 26 (3):619-626.
  46.  10
    Infants’ imitative learning from third-party observations.Gunilla Stenberg - 2023 - Interaction Studies 24 (3):464-483.
    In two separate experiments, we examined 17-month-olds’ imitation in a third-party context. The aim was to explore how seeing another person responding to a model’s novel action influenced infant imitation. The infants watched while a reliable model demonstrated a novel action with a familiar (Experiment 1) or an unfamiliar (Experiment 2) object to a second actor. The second actor either imitated or did not imitate the novel action of the model. Fewer infants imitated the model’s novel behavior in (...)
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  47.  24
    Textes philosophiques: conclusions philosophiques. Dissertation en deux parties sur la vision des verites en Dieu et l'amour de la vertu. Regle du bon sens. De la liberte de l'homme (review). [REVIEW]Elmar J. Kremer - 2002 - Journal of the History of Philosophy 40 (1):123-124.
    In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 40.1 (2002) 123-124 [Access article in PDF] Book Review Textes philosophiques: conclusions philosophiques. Dissertation en deux parties sur la vision des vérités en Dieu et l'amour de la vertu. Régle du bon sens. De la liberté de l'homme Antoine Arnauld. Textes philosophiques: conclusions philosophiques. Dissertation en deux parties sur la vision des vérités en Dieu et l'amour de la vertu. Régle du bon (...)
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  48.  32
    Economic Interdependence and Third-Party International Interactions: A 30-Country Third-Party Bloc Case Study.Yuan-Ching Chang - 2008 - Japanese Journal of Political Science 9 (1):63-87.
    The tradeactortargetconflict model to garner implications concerning trade and conflict interactions where third-party blocs are involved. The theoretical propositions supported by proofs are: (1) if the actor increases trade with a third-party who is a friend of the target, then the actor will decrease conflict toward the target; (2) if the actor increases trade with a third-party who is a rival of the target, then the actor will increase conflict toward the target. A 30-country (...)
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  49. Wrongs, Rights, and Third Parties.Nicolas Cornell - 2015 - Philosophy and Public Affairs 43 (2):109-143.
  50.  30
    Handling Worker and Third-Party Exposures to Nanotherapeutics During Clinical Trials.Gurumurthy Ramachandran, John Howard, Andrew Maynard & Martin Philbert - 2012 - Journal of Law, Medicine and Ethics 40 (4):856-864.
    The article focuses on issues relating to occupational exposures of researchers and lab workers, and exposures of bystanders such as health care workers and family members during HSR using nanomaterials. Such third-party exposures give rise to unique challenges relating to oversight as well as exposures to worker groups not previously studied. Given the current state of knowledge regarding health risks from such exposures, a more precautionary approach to oversight seems advisable.
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