Results for 'lawmaker’s intention'

983 found
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  1.  25
    Legislative Intentions and Counterfactu‐als: Or, What One Can Still Learn from Dworkin's Critique of Legal Positivism.Damiano Canale & Giovanni Tuzet - 2023 - Ratio Juris 36 (1):26-47.
    Riggs v. Palmerhas become famous since Dworkin used it to show that legal positivism is defective. The debate over the merits of Dworkin's claims is still very lively. Yet not enough attention has been paid to the fact that the content of the statute at issue inRiggswas given by thecounterfactual intentionof the legislature. According to arguments from legislative intent, a judicial decision is justified if it is based on the lawmaker's intention. But can legislative intentions be determined counterfactually? More (...)
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  2. Diana Baumrind This article continues Baumrind's development of argu-ments against the use of deception in research. Here she presents three ethical rules which proscribe deceptive practices and examines the costs of such deception to.Intentional Deception - forthcoming - Bioethics: Basic Writings on the Key Ethical Questions That Surround the Major, Modern Biological Possibilities and Problems.
     
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  3.  9
    Intentional action and limitation of personal autonomy. Do restrictions of action selection decrease the sense of agency?S. Antusch, R. Custers, H. Marien & H. Aarts - 2021 - Consciousness and Cognition 88:103076.
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  4.  3
    Dilemmas, ethics and intent--a commentary.Robin S. Downie - 1986 - Journal of Medical Ethics 12 (4):210-211.
  5. Intentions and Moral Permissibility: The Case of Acting Permissibly with Bad Intentions.S. Matthew Liao - 2012 - Law and Philosophy 31 (6):703-724.
    Many people believe in the intention principle, according to which an agent’s intention in performing an act can sometimes make an act that would otherwise have been permissible impermissible, other things being equal. Judith Jarvis Thomson, Frances Kamm and Thomas Scanlon have offered cases that seem to show that it can be permissible for an agent to act even when the agent has bad intentions. If valid, these cases would seem to cast doubt on the intention principle. (...)
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  6.  12
    An Evaluatıon of Approach to the Methodology and Style Problems in Ibn Jouzı's Commentary.Sıddık Baysal - 2018 - Dini Araştırmalar 21 (54 (15-12-2018)):203-224.
    In this study, the preface and introduction of Ibn Juzay’s book at-Tasheel li ‘ulȗmi’t-tanzeel, have been examined in terms of his approach to style and methodology problems in commentary.Ibn Juzay, whose first works included useful topics and ashes; wrote two loyalties, a lexicon, later in which the meanings of the words frequently mentioned in the Qur'an were compiled; thus, he gave information about his style and methodology; In introduction of his book, he explained the underlying reasons to write his book (...)
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  7.  17
    On logic and the theory of science.Jean Cavaillès - 2021 - New York, NY: Sequence Press. Edited by Knox Peden & Robin Mackay.
    In this short, dense essay, Jean Cavaillès evaluates philosophical efforts to determine the origin - logical or ontological - of scientific thought, arguing that, rather than seeking to found science in original intentional acts, a priori meanings, or foundational logical relations, any adequate theory must involve a history of the concept. Cavaillès insists on a historical epistemology that is conceptual rather than phenomenological, and a logic that is dialectical rather than transcendental. His famous call (cited by Foucault) to abandon "a (...)
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  8. Actions, intentions, and consequences: The doctrine of double effect.Warren S. Quinn - 1989 - Philosophy and Public Affairs 18 (4):334-351.
    Stable URL: http://links.jstor.org/sici?sici=0048-3915%28198923%2918%3A4%3C334%3AAIACTD%3E2.0.CO%3B2-P..
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  9.  31
    Intentions, indexicals and communication.S. Predelli - 2002 - Analysis 62 (4):310-316.
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  10. Actions, intentions, and consequences: The doctrine of doing and allowing.Warren S. Quinn - 1989 - Philosophical Review 98 (3):287-312.
  11.  6
    The Analytic of the Emotions II.P. M. S. Hacker - 1976 - In Robert C. Solomon (ed.), The passions. Notre Dame, Ind.: University of Notre Dame Press. pp. 60–82.
    Manifestations and expressions of emotion are elements of an ensemble of immediate reactive and responsive behaviour, emotion‐eliciting situation, past relationships and events, persistent emotions exhibited in intentional and emotionally motivated speech and action. These elements form, and reform, highly complex patterns – but, like the patterns of tribal carpets, the patterns display varying degrees of irregularity and asymmetry, which vary from rug to rug. The constitutional indeterminacy of the emotions, of their depth and authenticity, and of the motives to which (...)
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  12.  1
    The Analytic of the Emotions I.P. M. S. Hacker - 1976 - In Robert C. Solomon (ed.), The passions. Notre Dame, Ind.: University of Notre Dame Press. pp. 37–59.
    The emotions distinctive of human beings, as opposed to other animals, are emotions that presuppose possession of a language and hence powers of intellect and rational will. The objects distinctive of human emotions presuppose mastery of a language and possession of rational abilities. Music itself has been considered to be the purest artistic expression of human emotions and of the striving of the human will. The emotions, in particular temporary emotions, have characteristic multiple associations, manifestations, and forms of expression. This (...)
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  13.  9
    Enjoyment as a Predictor of Exercise Habit, Intention to Continue Exercising, and Exercise Frequency: The Intensity Traits Discrepancy Moderation Role.Diogo S. Teixeira, Filipe Rodrigues, Luis Cid & Diogo Monteiro - 2022 - Frontiers in Psychology 13:780059.
    Given the need to explore the factors that can account for a better understanding of the intention-behavior gap in exercise practice in health club settings, and considering the emergence of hedonic assumptions related to exercise adherence, this cross-sectional study aimed to test the moderation effect of the intensity traits agreement/disagreement in three relevant outcomes of exercise enjoyment: exercise habit, intention to continue exercising, and exercise frequency. A sample consisted of 273 exercisers (male = 127; Mage = 36.21; SD (...)
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  14. Predicting Students’ Intention to Plagiarize: an Ethical Theoretical Framework.S. K. Camara, Susanna Eng-Ziskin, Laura Wimberley, Katherine S. Dabbour & Carmen M. Lee - 2017 - Journal of Academic Ethics 15 (1):43-58.
    This article investigates whether acts of plagiarism are predictable. Through a deductive, quantitative method, this study examines 517 students and their motivation and intention to plagiarize. More specifically, this study uses an ethical theoretical framework called the Theory of Reasoned Action and Planned Behavior to proffer five hypotheses about cognitive, relational, and social processing relevant to ethical decision making. Data results indicate that although most respondents reported that plagiarism was wrong, students with strong intentions to plagiarize had a more (...)
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  15.  68
    Physicians' intent to comply with the American Medical Association's guidelines on gifts from the pharmaceutical industry.S. L. Pinto, E. Lipowski, R. Segal, C. Kimberlin & J. Algina - 2007 - Journal of Medical Ethics 33 (6):313-319.
    Objective: To identify factors that predict physicians’ intent to comply with the American Medical Association’s ethical guidelines on gifts from the pharmaceutical industry.Methods: A survey was designed and mailed in June 2004 to a random sample of 850 physicians in Florida, USA, excluding physicians with inactive licences, incomplete addresses, addresses in other states and pretest participants. Factor analysis extracted six factors: attitude towards following the guidelines, subjective norms , facilitating conditions , profession-specific precedents , individual-specific precedents and intent. Multivariate regression (...)
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  16.  16
    St Thomas's intention in the de unione.S. J. Thomas Murphy - 1966 - Heythrop Journal 7 (3):301–309.
  17.  28
    Professional values, job satisfaction, career development, and intent to stay.S. Yarbrough, P. Martin, D. Alfred & C. McNeill - 2017 - Nursing Ethics 24 (6):675-685.
  18.  15
    Brentano's Psycho-Intentional Criterion.S. K. Wertz - 1968 - Telos: Critical Theory of the Contemporary 1968 (1):5-15.
  19.  38
    Plato's Cratylus: The Comedy of Language.S. Montgomery Ewegen - 2013 - Bloomington: Indiana University Press.
    Plato’s dialogue Cratylus focuses on being and human dependence on words, or the essential truths about the human condition. Arguing that comedy is an essential part of Plato's concept of language, S. Montgomery Ewegen asserts that understanding the comedic is key to an understanding of Plato's deeper philosophical intentions. Ewegen shows how Plato’s view of language is bound to comedy through words and how, for Plato, philosophy has much in common with playfulness and the ridiculous. By tying words, language, and (...)
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  20.  25
    The healing relationship: Edmund Pellegrino’s philosophy of the physician–patient encounter.S. Kay Toombs - 2019 - Theoretical Medicine and Bioethics 40 (3):217-229.
    In this paper I briefly summarize Pellegrino’s phenomenological analysis of the ethics of the physician–patient relationship. In delineating the essential elements of the healing relationship, Pellegrino demonstrates the necessity for health care professionals to understand the patient’s lived experience of illness. In considering the phenomenon of illness, I identify certain essential characteristics of illness-as-lived that provide a basis for developing a rigorous understanding of the patient’s experience. I note recent developments in the systematic delivery of health care that make it (...)
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  21.  5
    George Amiroutzes, the philosopher and his tractates.Georgiōs Amoiroutzēs - 2011 - Walpole, MA: Peeters. Edited by John Monfasani.
    One of the most learned men of his day and called -the philosopher- by contemporaries, George Amiroutzes (c. 1400-c. 1469) attended the Council of Florence (1438-39) as a lay scholar in the Greek delegation. As a high government official in his native Trebizond, he helped to negotiate the surrender of this last independent Greek state to Mehmed the Conqueror in 1461. He eventually entered the Sultan's household as someone with whom Mehmed enjoyed having intellectual discussions. Despite his contemporary fame, however, (...)
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  22. Game theory, cheap talk and post‐truth politics: David Lewis vs. John Searle on reasons for truth‐telling.S. M. Amadae - 2018 - Journal for the Theory of Social Behaviour 48 (3):306-329.
    I offer two potential diagnoses of the behavioral norms governing post‐truth politics by comparing the view of language, communication, and truth‐telling put forward by David Lewis (extended by game theorists), and John Searle. My first goal is to specify the different ways in which Lewis, and game theorists more generally, in contrast to Searle (in the company of Paul Grice and Jurgen Habermas), go about explaining the normativity of truthfulness within a linguistic community. The main difference is that for Lewis (...)
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  23. Choosing deafness with PHD: an ethical way to carry on a cultural bloodline?S. Camporesi - 2010 - Cambridge Quarterly Healthcare Ethics 19 (1):86-96.
    These words were written by ethicist Jonathan Glover in his paper “Future People, Disability and Screening” in 1992. Whereas screening and choosing for a disability remained a theoretical possibility 16 years ago, it has now become reality. In 2006, Susannah Baruch and colleagues at John Hopkins University published a survey of 190 American preimplantation genetic diagnosis (PGD) clinics, and found that 3% reported having the intentional use of PGD “to select an embryo for the presence of a disability.” Even before, (...)
     
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  24.  11
    Dialectic and Narrative in Aquinas: An Interpretation of the Summa Contra Gentiles.Thomas S. Hibbs - 1995 - University of Notre Dame Press.
    Investigates the intent, method and structural unity of Thomas Aquinas's Summa Contra Gentiles. The author of this study argues that the intended audience is Christian and that the subject is Christian wisdom.
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  25.  22
    The intention of the noetic psychosis.S. S. Colvin - 1906 - Philosophical Review 15 (3):307-311.
  26. Is intentional learning necessary for conceptual change.S. Vosniadou - 2003 - In Gale M. Sinatra & Paul R. Pintrich (eds.), Intentional Conceptual Change. L. Erlbaum.
     
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  27.  18
    Intention in motor learning.S. Sanderson - 1929 - Journal of Experimental Psychology 12 (6):463.
  28.  21
    Defining Digital Authoritarianism.James S. Pearson - forthcoming - Philosophy and Technology.
    It is becoming increasingly common for authoritarian regimes to leverage digital technologies to surveil, repress and manipulate their citizens. Experts typically refer to this practice as “digital authoritarianism” (DA). Existing definitions of DA consistently presuppose a politically repressive agent intentionally exploiting digital technology in pursuit of authoritarian ends. I refer to this as the "intention-based definition." This paper argues that this definition is untenable as a general description of DA. I begin by illustrating the current predominance of the (...)-based definition (Section 1). Section 2 then presents four counterexamples to this definition: benign surveillance; digital sovereignty; attention-harvesting algorithms; and tech-induced loneliness. In each case, we witness authoritarianism being promoted by digital technologies without any evidence of this being intentionally caused by politically repressive agents. Based on these observations, I contend that the intention-based definition is underinclusive and therefore unsustainable. Section 3 then outlines an improved definition of DA – what I call the "promotion-based definition." Since this more expansive definition does not posit intentional, politically repressive agency as a precondition of DA, it can accommodate the counterexamples discussed in Section 2. Moreover, it enables us to catch a broader spectrum of cases of DA, such as tech-induced loneliness, which those adhering to the intention-based definition are prone to overlook. After outlining further practical benefits of the promotion-based definition, I argue that we still need to distinguish between intentional and unintentional forms of DA since they call for distinct types of remedial action. (shrink)
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  29.  16
    Gaining human ethics approval: a strategy for refining research studies.S. Allen, K. Francis, M. O'Connor & Y. Chapman - 2008 - Monash Bioethics Review 27 (3):S54-S60.
    We argue that developing a human ethics application is an effective method for refining the intent and design of research studies. Our study aimed to investigate the delivery of end-of-life and palliative care nursing to residents of an aged care unit in a Multi-purpose Service/centre in rural Victoria. We used the ethics application process as a strategy to focus the study, and to refine the data collection and analysis techniques. It is our contention that the process of completing the application (...)
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  30. The self in contextualized action.S. Gallagher & A. Marcel - 1999 - Journal of Consciousness Studies 6 (4):4-30.
    This paper suggests that certain traditional ways of analysing the self start off in situations that are abstract or detached from normal experience, and that the conclusions reached in such approaches are, as a result, inexact or mistaken. The paper raises the question of whether there are more contextualized forms of self-consciousness than those usually appealed to in philosophical or psychological analyses, and whether they can be the basis for a more adequate theoretical approach to the self. First, we develop (...)
     
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  31.  49
    Democratic Intentions.Henry S. Richardson - 1997 - Modern Schoolman 74 (4):285-300.
  32. The Closeness Problem and the Doctrine of Double Effect: A Way Forward.S. Matthew Liao - 2016 - Criminal Law and Philosophy 10 (4):849-863.
    A major challenge to the Doctrine of Double Effect is the concern that an agent’s intention can be identified in such a fine-grained way as to eliminate an intention to harm from a putative example of an intended harm, and yet, the resulting case appears to be a case of impermissibility. This is the so-called “closeness problem.” Many people believe that one can address the closeness problem by adopting Warren Quinn’s version of the DDE, call it DDE*, which (...)
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  33.  95
    A unified account of information, misinformation, and disinformation.Sille Obelitz Søe - 2019 - Synthese 198 (6):5929-5949.
    In this paper I develop and present a unified account of information, misinformation, and disinformation and their interconnections. The unified account is rooted in Paul Grice’s notions of natural and non-natural meaning (in: Grice (ed) Studies in the way of words. Harvard University Press, Cambridge, pp 213–223, 1957) and a corresponding distinction between natural and non-natural information (Scarantino and Piccinini in Metaphilosophy 41(3):313–330, 2010). I argue that we can specify at least three specific kinds of non-natural information. Thus, as varieties (...)
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  34.  59
    Even dying must be edited: further thoughts on Joan Robinson.S. Curry, A. Zucker & J. Trautmann - 1981 - Journal of Medical Ethics 7 (1):34-36.
    "Joan Robinson: One Woman's Story' is a cinéma vérité style record of a woman's losing struggle against ovarian cancer. The film has been shown now twice on the American Public Television Network. It has received good notices primarily from the lay press. Yet the film depicts much that is out-of-date and much that is debatable. In general, we feel that it presents a depressing picture of the cancer patient. This was not Joan Robinson's intention and her bravery only serves (...)
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  35.  24
    Umbricius and the Frogs (Juvenal, Sat. 3.44–5).S. H. Braund - 1990 - Classical Quarterly 40 (02):502-.
    In Satire 3, Umbricius states his intention to leave Rome and delivers a long explanation of his decision, an explanation which develops into an invective against life in Rome. In the lines quoted above, Umbricius lists the ‘skills’ which are essential for success at Rome, ‘skills’ which he does not possess. The list comprises various mendacious, nefarious and criminal activities; Umbricius' stated inability to undertake such activities reinforces his claim to be a simple, honourable man . In this list (...)
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  36.  18
    Information and Communication Technology Inside Out: From Hype to Literacy.Søren Riis - 2017 - Foundations of Science 22 (2):405-409.
    Information and communication technology has become the great technological fix of our time and not the least in the education system. There seems to be no end to the hype of ICT and the accompanying promises that education will be revolutionized—“smart” pupils will be made and the so-called knowledge society propelled. This master narrative has many co-authors, some of whom have the best intentions and realize the big challenge of educating the world population. In response to the two insightful reviews (...)
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  37.  38
    Berkeley on the Unity of the Self.S. C. Brown - 1971 - Royal Institute of Philosophy Lectures 5:64-87.
    That the legacy of Berkeley's philosophy has been a largely sceptical one is perhaps rather surprising. For he himself took it as one of his objectives to undermine scepticism. He roundly denied that there were ‘any principles more opposite to Scepticism than those we have laid down’. Yet Hume was to write of Berkeley that ‘most of the writings of that very ingenious author form the best lessons of scepticism, Bayle not excepted’. And it has become something of a commonplace (...)
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  38.  64
    Berkeley on the Unity of the Self.S. C. Brown - 1971 - Royal Institute of Philosophy Lectures 5:64-87.
    That the legacy of Berkeley's philosophy has been a largely sceptical one is perhaps rather surprising. For he himself took it as one of his objectives to undermine scepticism. He roundly denied that there were ‘any principles more opposite to Scepticism than those we have laid down’ . Yet Hume was to write of Berkeley that ‘most of the writings of that very ingenious author form the best lessons of scepticism, Bayle not excepted’. And it has become something of a (...)
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  39.  90
    Free will and intentional action.L. S. Carrier - 1986 - Philosophia 16 (3-4):355-364.
    I argue for the following analysis of a freely willed action: an act is done of one's own free will, if and only if, it is an intentional act performed by one acting as a rational agent from unobstructed reasons, and so situated that he or she has the capacity to forbear from performing it.
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  40.  6
    Umbricius and the Frogs (Juvenal, Sat. 3.44–5).S. H. Braund - 1990 - Classical Quarterly 40 (2):502-506.
    In Satire 3, Umbricius states his intention to leave Rome and delivers a long explanation of his decision, an explanation which develops into an invective against life in Rome. In the lines quoted above, Umbricius lists the ‘skills’ which (he implies) are essential for success at Rome, ‘skills’ which he does not possess. The list comprises various mendacious, nefarious and criminal activities; Umbricius' stated inability to undertake such activities reinforces his claim to be a simple, honourable man (e.g. lines (...)
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  41.  23
    Legislative Supremacy and Legislative Intent: A Reply to Professor Craig.T. R. S. Allan - 2004 - Oxford Journal of Legal Studies 24 (4):563-583.
    My analysis of the constitutional foundations of judicial review has been criticized by Paul Craig; but his objections confuse the ‘constructive’ account of legislative intent I defend with the ‘literal’ conception (reflecting the views of individual legislators) I expressly repudiate. He thinks we must choose between legislative intent, literally conceived, and common law principle. This mistake exemplifies the peculiar character of Craig's ‘common law model’ of judicial review, in which the requirements of the rule of law, on one hand, and (...)
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  42. The Ethics of Extended Cognition: Is Having your Computer Compromised a Personal Assault?J. Adam Carter & S. Orestis Palermos - forthcoming - Journal of the American Philosophical Association.
    Philosophy of mind and cognitive science (e.g., Clark and Chalmers 1998; Clark 2010; Palermos 2014) have recently become increasingly receptive tothe hypothesis of extended cognition, according to which external artifacts such as our laptops and smartphones can—under appropriate circumstances—feature as material realisers of a person’s cognitive processes. We argue that, to the extent that the hypothesis of extended cognition is correct, our legal and ethical theorising and practice must be updated, by broadening our conception of personal assault so as to (...)
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  43.  12
    Awareness, intention, expectancy, and plausibility.Irwin S. Bernstein - 1978 - Behavioral and Brain Sciences 1 (4):560-560.
  44.  43
    Are humans disturbing conditions in ecology?S. Andrew Inkpen - 2017 - Biology and Philosophy 32 (1):51-71.
    In this paper I argue, first, that ecologists have routinely treated humans—or more specifically, anthropogenic causal factors—as disturbing conditions. I define disturbing conditions as exogenous variables, variables “outside” a model, that when present in a target system, inhibit the applicability or accuracy of the model. This treatment is surprising given that humans play a dominant role in many ecosystems and definitions of ecology contain no fundamental distinction between human and natural. Second, I argue that the treatment of humans as disturbing (...)
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  45. Into Your (S)Kin: Toward a Comprehensive Conception of Empathy.Tue Emil Öhler Søvsø & Kirstin Burckhardt - 2021 - Frontiers in Psychology 11.
    This paper argues for a comprehensive conception of empathy as comprising epistemic, affective, and motivational elements and introduces the ancient Stoic theory of attachment as a model for describing the embodied, emotional response to others that we take to be distinctive of empathy. Our argument entails that in order to provide a suitable conceptual framework for the interdisciplinary study of empathy one must extend the scope of recent “simulationalist” and “enactivist” accounts of empathy in two important respects. First, against the (...)
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  46. How to do things with brackets: the epoché explained.Søren Overgaard - 2015 - Continental Philosophy Review 48 (2):179-195.
    According to ‘purification interpretations’, the point of the epoché is to purify our ordinary experience of certain assumptions inherent in it. In this paper, I argue that purification interpretations are wrong. Ordinary experience is just fine as it is, and phenomenology has no intention of correcting or purifying it. To understand the epoché, we must keep the reflective nature of phenomenology firmly in mind. When we do phenomenology, we occupy two distinct roles, which come with very different responsibilities. As (...)
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  47.  8
    Motives, intentions, science, and sex.Irwin S. Bernstein - 1980 - Behavioral and Brain Sciences 3 (2):182-183.
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  48.  15
    Søren Kierkegaard and the romantics: passion.Pia Søltoft - 2017 - International Journal of Philosophy and Theology 78 (1-2):106-120.
    ABSTRACTIn this article, the intention is twofold. To introduce and substantiate Søren Kierkegaard’s notion of love and to put this notion in relation to the Romantics. The article is divided into six sections. I first offer a brief description of Kierkegaard’s view on the Romantics, his affections and his disagreements. Secondly, I will introduce Kierkegaard’s own notion of love that rest partly on Plato’s view on eros as passion, partly on the biblical definitions of love in 1 John and (...)
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  49.  44
    An explanatory theory of communicative intentions.S. -Y. Kuroda - 1989 - Linguistics and Philosophy 12 (6):655 - 681.
  50. Learning about biological evolution: A special case of intentional conceptual change.S. A. Southerland & G. M. Sinatra - 2003 - In Gale M. Sinatra & Paul R. Pintrich (eds.), Intentional Conceptual Change. L. Erlbaum. pp. 317--345.
     
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