Results for 'non‐proportionality'

987 found
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  1.  15
    Proportionality Collapses: The Search for an Adequate Equation for Proportionality.Stephen Kershnar - 2022 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 397-418.
    In punishment, proportionality is the systematic mathematical relationship between the significance of the wrongdoing and the amount of punishment that may be imposed on the wrongdoer. In this chapter, Kershnar argues that there is no adequate equation for proportionality. The lack of an adequate equation rests on intuitions and the absence of a shared metric. If there is no equation for proportionality, then there is no proportionality. This is because if there is no equation for proportionality, then there is no (...)
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  2.  34
    Proportionality in Self-Defense: With an Application to Covid Vaccination-Mandates.Stephen Kershnar - 2022 - International Journal of Applied Philosophy 36 (1):67-82.
    Proportionality matters. Intuitively, proportionality sets the ceiling on the amount of defensive violence that is permissible. A plausible view is that what justifies proportionality also justifies other defensive-violence requirements—for example, discrimination and necessity—and shows why other purported requirements are mistaken—for example, imminence. I argue that if defensive-violence proportionality is a part of moral reality, then there is a systematic justification of it. If there is a systematic justification of proportionality, then there is an adequate equation for it. There is no (...)
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  3.  14
    Dark side of the principles of non-discrimination and proportionality: the case of mandatory vaccination.Filip Horák & Jakub Dienstbier - forthcoming - Journal of Medical Ethics.
    Deciding the conflict between various rights and interests, especially in medical ethics where health and lives are in question, has significant challenges, and to obtain appropriate outcomes, it is necessary to properly apply the principles of non-discrimination and proportionality. Using the example of mandatory vaccination policies, we show that this task becomes even more difficult when these principles lead us to counterintuitive and paradoxical results. Although the general purpose of these principles is to ensure that decisions and policies seek the (...)
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  4.  25
    Proportionality, Just War Theory, and America’s 2003–2004 War Against Iraq.Joseph Betz - 2005 - Social Philosophy Today 21:137-156.
    Just war theory requires that a nation at war respect proportionality both before it goes to war, jus ad bellum, and in the way it fights a war, jus in bello. To respect proportionality is to know or estimate on good evidence that the whole war and the tactics used in the war will not generate more evil and harm and costs than they will generate good and help and benefits. This paper argues that the 2003–2004 U.S. war on Iraq (...)
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  5.  14
    Procedural Proportionality: The Remedy for an Uncertain Jurisprudence of Minor Offence Justice.Dat T. Bui - 2018 - Criminal Law and Philosophy 12 (1):83-106.
    With a focus on the Common Law jurisdiction of England and Wales and the Civil Law jurisdiction of Vietnam, this article provides an analytical framework to address the uncertain jurisprudence of minor offence processes. The article’s approach is to seek an account of crime and criminal process that is most suitable for practice and most compatible with the broad notion of ‘criminal charge’ under international human rights instruments. It is argued that minor offences should be considered forms of less serious (...)
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  6.  26
    Proportionality without Inequality: Defending Lifetime Political Equality through Storable Votes.Manuel Sá Valente - 2022 - Res Publica 28 (4):715-732.
    Political egalitarians tend to defend equal distributions of voting power at specific times, as in ‘one election, one vote’. Appealing as it is, the principle seems incompatible with distributing power proportionally to the stakes voters have at different elections, as in ‘one stake, one vote’. This article argues that the tension above stems from the temporal scope ascribed to political equality, as at specific moments of democratic decision-making instead of over entire lives. More specifically, ascribing a lifetime view to political (...)
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  7.  9
    Proportionality in cyberwar and just war theory.Fredrik D. Hjorthen & James Pattison - 2023 - Ethics and Global Politics 16 (1):1-24.
    Which harms and benefits should be viewed as relevant when considering whether to launch cyber-measures? In this article, we consider this question, which matters because it is central to determining whether cyber-measures should be launched. Several just war theorists hold a version of what we call the ‘Restrictive View’, according to which there are restrictions on the sorts of harms and benefits that should be included in proportionality assessments about the justifiability of going to war (whether cyber or kinetic). We (...)
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  8.  80
    Proportionality, Just War Theory, and America’s 2003–2004 War Against Iraq.Joseph Betz - 2005 - Social Philosophy Today 21:137-156.
    Just war theory requires that a nation at war respect proportionality both before it goes to war, jus ad bellum, and in the way it fights a war, jus in bello. To respect proportionality is to know or estimate on good evidence that the whole war and the tactics used in the war will not generate more evil and harm and costs than they will generate good and help and benefits. This paper argues that the 2003–2004 U.S. war on Iraq (...)
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  9.  40
    Proportionality, Just War Theory, and America’s 2003–2004 War Against Iraq.Joseph Betz - 2005 - Social Philosophy Today 21:137-156.
    Just war theory requires that a nation at war respect proportionality both before it goes to war, jus ad bellum, and in the way it fights a war, jus in bello. To respect proportionality is to know or estimate on good evidence that the whole war and the tactics used in the war will not generate more evil and harm and costs than they will generate good and help and benefits. This paper argues that the 2003–2004 U.S. war on Iraq (...)
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  10.  23
    Proportionality, Fundamental Rights and the Duties of Directors.Bilchitz David & Jonas Laura Ausserladscheider - 2016 - Oxford Journal of Legal Studies 36 (4):828-854.
    This article seeks to address the manner in which we should conceptualise the duties of directors in making decisions where fundamental rights are at stake. We first attempt to show that, in making decisions that implicate fundamental rights, directors are required to consider all individuals affected as having an intrinsic dignity. The interests of non-shareholders must thus be addressed in a non-instrumental manner which, we argue, is only compatible with the adoption of a ‘stakeholder’ conception of directors’ duties. Adopting such (...)
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  11.  13
    Causal Proportionality as an Ontic and Epistemic Concept.Jens Harbecke - 2021 - Erkenntnis 88 (6):2291-2313.
    This paper is concerned with the content of the causal proportionality constraint. It investigates two general versions of the constraint, namely “horizontal” and “vertical” proportionality. Moreover, it discusses whether proportionality is considered an ontic or an epistemic, i.e. explanatory, constraint on causation in the context of some of the most prominent theories of causation. The following main claims are defended: (1) The horizontal (HP) and the vertical version (VP) of the proportionality constraint are logically independent. (2) HP is implied by (...)
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  12.  18
    The Second Lebanon War: The Question of Proportionality and the Prospect of Non-Lethal Warfare.Michael L. Gross - 2008 - Journal of Military Ethics 7 (1):1-22.
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  13.  39
    Retributivism and the proportionality dilemma.Jesper Ryberg - 2020 - Ratio 34 (2):158-166.
    ‘Retributivism’ covers a wide range of theories which, even though they differ in various ways, all give some room for proportionality considerations with regard to the question of how severely offenders should be punished. This article addresses the question—well‐known from traditional ethical theory—as to whether proportionality constraints should be given an absolutist or a non‐absolutist interpretation. It is argued that both absolutist and some non‐absolutist accounts of proportionality constraints have counter‐intuitive implications and, more generally, that the non‐absolutist interpretation, to which (...)
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  14.  19
    Proportionality in Personal Life.Douglas Husak - 2021 - Criminal Law and Philosophy 15 (3):339-360.
    Efforts to apply the principle of proportionality to criminal sentences are notoriously problematic. But even though they are daunting, only a few legal philosophers believe we should give up trying to do so. Perhaps we can make progress overcoming some of the many legal difficulties by attending to how the principle is applied in non-legal contexts—that is, in contexts I call personal life. Proportionality, I believe, is an attractive principle in penal sentencing because it is an attractive principle in ordinary (...)
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  15.  51
    The principle of proportionality revisited: interpretations and applications. [REVIEW]Göran Hermerén - 2012 - Medicine, Health Care and Philosophy 15 (4):373-382.
    The principle of proportionality is used in many different contexts. Some of these uses and contexts are first briefly indicated. This paper focusses on the use of this principle as a moral principle. I argue that under certain conditions the principle of proportionality is helpful as a guide in decision-making. But it needs to be clarified and to be used with some flexibility as a context-dependent principle. Several interpretations of the principle are distinguished, using three conditions as a starting point: (...)
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  16. How Much Punishment Is Deserved? Two Alternatives to Proportionality.Thaddeus Metz & Mika’il Metz - 2022 - Philosophies 7 (2):1-13.
    When it comes to the question of how much the state ought to punish a given offender, the standard understanding of the desert theory for centuries has been that it should give him a penalty proportionate to his offense, that is, an amount of punishment that fits the severity of his crime. In this article, part of a special issue on the geometry of desert, we maintain that a desert theorist is not conceptually or otherwise required to hold a proportionality (...)
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  17. Self-Defense, Proportionality, and Defensive War against Mitigated Aggression.Jacob Blair - 2013 - International Journal of Applied Philosophy 27 (2):207-224.
    A nation commits mitigated aggression by threatening to kill the citizens of a victim nation if and only if they do not submit to being ruled in a non-egregiously oppressive way. Such aggression primarily threatens a nation’s common way of life . According to David Rodin, a war against mitigated aggression is automatically disproportionate, as the right of lethal self-defense only extends to protecting against being killed or enslaved. Two strategies have been adopted in response to Rodin. The first strategy (...)
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  18.  52
    Out of Proportion? On Surveillance and the Proportionality Requirement.Kira Vrist Rønn & Kasper Lippert-Rasmussen - 2020 - Ethical Theory and Moral Practice 23 (1):181-199.
    In this article, we critically scrutinize the principle of proportionality when used in the context of security and government surveillance. We argue that McMahan’s distinction from just warfare between narrow proportionality and wide proportionality can generally apply to the context of surveillance. We argue that narrow proportionality applies more or less directly to cases in which the surveilled is liable and that the wide proportionality principle applies to cases characterized by ‘collateral intrusion’. We argue, however, that a more demanding criterion (...)
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  19.  33
    Comparing Causes - an Information-Theoretic Approach to Specificity, Proportionality and Stability.Arnaud Pocheville, Paul Edmund Griffiths & Karola C. Stotz - 2017 - Proceedings of the 15th Congress of Logic, Methodology and Philosophy of Science.
    The interventionist account of causation offers a criterion to distinguish causes from non-causes. It also aims at defining various desirable properties of causal relationships, such as specificity, proportionality and stability. Here we apply an information-theoretic approach to these properties. We show that the interventionist criterion of causation is formally equivalent to non-zero specificity, and that there are natural, information-theoretic ways to explicate the distinction between potential and actual causal influence. We explicate the idea that the description of causes should be (...)
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  20. The Non‐Occurrence Of Events.Neil McDonnell - 2017 - Philosophy and Phenomenological Research (2):269-285.
    What is it for an event not to occur? This is an urgent, yet under explored, question for counterfactual analyses of causation quite generally. In this paper I take a lead from Lewis in identifying two different possible standards of non-occurrence that we might adopt and I argue that we need to apply them asymmetrically: one standard for the cause, another for the effect. This is a surprising result. I then offer a contextualist refinement of the Lewis approach in light (...)
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  21.  13
    Do Non-Lethal Capabilities License to 'Silence'?Sjef Orbons - 2010 - Journal of Military Ethics 9 (1):78-99.
    Most contemporary conflicts can be characterized as ‘wars or conflicts amongst the people’. International military forces deployed in such conflicts are confronted with complex operational environments where the distinction between combatants and non-combatants is often impossible to make. At the same time, there is a moral requirement imposed on Western coalition forces to perform in a humane manner and to keep casualties to a minimum. Non-lethal weapons are expected to enable military forces to accomplish their mission without having to kill (...)
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  22. Non-violent Resistance and Last Resort.Nicholas Parkin - 2016 - Journal of Military Ethics 15 (4):259-274.
    It is commonly accepted that recourse to war is justifiable only as a last resort. If a situation can be resolved by less harmful means, then war is unjust. It is also commonly accepted that violent actions in war should be necessary and proportionate. Violent actions in war are unjust if the end towards which those actions are means can be achieved by less harmful means. In this article, I argue that satisfaction of the last resort criterion depends in part (...)
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  23.  15
    To Derogate or to Restrict? The COVID-19 Pandemic, Proportionality and the Justificatory Gap in European Human Rights Law.Alain Zysset - 2022 - Jus Cogens 4 (3):285-301.
    In this paper, I offer an analytical and normative framework to re-visit the question of whether state parties should derogate from the European Convention on Human Rights (ECHR) in order to combat the COVID-19 pandemic via harsh ‘lockdown’ measures. It is three-pronged. First, I show that the predominant debate on the (non-)derogation question is informed by a textual approach to adjudication, which severely limits the analytical and evaluative horizon for addressing the issue. Most importantly, it cannot address one salient fact (...)
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  24. If the price is right: Unfair advantage, auctions, and proportionality.[author unknown] - unknown
    Michael Ridge At one point in England it was a capital offense to “appear on a high road with a sooty face.”1 I do not know whether anyone was executed for this offense, but many people were sent to Australian penal colonies for such petty crimes as stealing a handkerchief. More recently, Kenneth Payne was sentenced to 16 years in prison for stealing a Snickers Bar in Texas. When the Assistant District Attorney in this case was asked how she could (...)
     
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  25.  24
    SAS macros for point and interval estimation of area under the receiver operating characteristic curve for non‐proportional and proportional hazards Weibull models.Haider Mannan & Chris Stevenson - 2010 - Journal of Evaluation in Clinical Practice 16 (4):756-770.
  26.  36
    Revolution Against Non-violent Oppression.Zsolt Kapelner - 2019 - Res Publica 25 (4):445-461.
    Oppressive governments that use violence against citizens, e.g. murder and torture, are usually thought of as liable to armed revolutionary attack by the oppressed population. But oppression may be non-violent. A government may greatly restrict political rights and personal autonomy by using surveillance, propaganda, manipulation, strategic detention and similar techniques without ever resorting to overt violence. Can such regimes be liable to revolutionary attack? A widespread view is that the answer is ‘no’. On this view, unless a government is or (...)
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  27. Why incompatibilism about mental causation is incompatible with non-reductive physicalism.Jonas Christensen & Umut Baysan - 2022 - Inquiry: An Interdisciplinary Journal of Philosophy 65 (5):546-568.
    ABSTRACT The exclusion problem is meant to show that non-reductive physicalism leads to epiphenomenalism: if mental properties are not identical with physical properties, then they are not causally efficacious. Defenders of a difference-making account of causation suggest that the exclusion problem can be solved because mental properties can be difference-making causes of physical effects. Here, we focus on what we dub an incompatibilist implementation of this general strategy and argue against it from a non-reductive physicalist perspective. Specifically, we argue that (...)
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  28.  26
    Man and his becoming according to the Vedānta.René Guénon - 1981 - Ghent, NY: Sophia Perennis. Edited by Richard C. Nicholson.
    A study of the constitution and development of the human being from the metaphysical point of view, with special reference to Vedantic doctrine.
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  29.  26
    Realizing Freedom as Non-domination: Political Obligation in Kant’s Doctrine of Right.Robert Patrick Whelan - 2021 - Res Publica 28 (1):85-101.
    Prominent Kantian scholars, such as Korsgaard and Waldron, claim that the very existence of juridical-political institutions is sufficient to render laws authoritative. Critics argue that this view is unpersuasive as it requires subjects to obey grossly unjust laws. Here, I identify two problems facing scholars who reject the absolutist view of political authority proffered by Korsgaard and Waldron. First, when there is reasonable disagreement regarding a law’s legitimacy the Principle of Right generates contradictory obligations as it commands both disobedience and (...)
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  30. The Neuroethics of Pleasure and Addiction in Public Health Strategies Moving Beyond Harm Reduction: Funding the Creation of Non-Addictive Drugs and Taxonomies of Pleasure.Robin Mackenzie - 2010 - Neuroethics 4 (2):103-117.
    We are unlikely to stop seeking pleasure, as this would prejudice our health and well-being. Yet many psychoactive substances providing pleasure are outlawed as illicit recreational drugs, despite the fact that only some of them are addictive to some people. Efforts to redress their prohibition, or to reform legislation so that penalties are proportionate to harm have largely failed. Yet, if choices over seeking pleasure are ethical insofar as they avoid harm to oneself or others, public health strategies should foster (...)
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  31.  30
    The Reign of Quantity and the Signs of the Times.René Guénon - 2001 - Hillsdale, NY: Sophia Perennis. Edited by James R. Wetmore. Translated by Lord Northbourne.
    The Reign of Quantity gives a concise but comprehensive view of the present state of affairs in the world, as it appears from the point of view of the 'ancient wisdom', formerly common both to the East and to the West, but now almost entirely lost sight of. The author indicates with his fabled clarity and directness the precise nature of the modern deviation, and devotes special attention to the development of modern philosophy and science, and to the part played (...)
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  32.  7
    Man and his becoming.René Guénon - 1946 - London,: Luzac & co.. Edited by Richard C. Nicholson.
    Description: Contents: Preface 1. General Remarks on the Vedanta 2. Fundamental Distinction Between The Self and the Ego 3. The Vital Centre of the Human Being, Seat of Brahma 4. Purusha and Prakriti 5. Purusha Unaffected by Individual Modifications 6. The Degrees of Individual Manifestation 7. Buddhi or the Higher Intellect 8. Manas or the Inward Sense : The Ten External Faculties of Sensation and Action 9. The Envelopes of the Self ; The Five Vayus or Vital Functions 10. The (...)
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  33.  34
    Pierre and the New World Makers, RICHARD J. HALL.Non-Basic Action - 1984 - Australasian Journal of Philosophy 62 (3).
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  34. Comptes-rendus [de] René Guénon.René Guénon - 1929 - Paris,: Éditions traditionnelles.
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  35.  18
    The reign of quantity and the signs of the times.René Guénon - 1953 - [London]: Luzac.
    QUALITY AND QUANTITY are fairly generally regarded as complementary terms, although the profound reason for their comple- mentarism is often far from being understood, this reason lying in the 'polar' correspondence referred to toward ...
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  36.  26
    Introduction to the study of the Hindu doctrines.René Guénon - 1945 - London: Luzac & co..
    The concluding chapter lays down the essential conditions for any genuine understanding between East and West, which can only come through the work of those who have attained, at least in some degree, to the realization of 'wisdom uncreate' ...
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  37.  23
    Naomi Scheman.Non-Negotiable Demands & Politics Metaphysics - 2001 - In Juliet Floyd & Sanford Shieh (eds.), Future Pasts: The Analytic Tradition in Twentieth-Century Philosophy. Oxford University Press. pp. 315.
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  38.  3
    Sangkhom ʻopʻun chīwit sotsai yuk lōk rai phromdǣn: nithān sēn ʻAsōk phāk 2, 110 rư̄ang. Samanānon - 1995 - [Thailand]: Sahakō̜n Bunniyom Sīrasaʻasōk.
    Buddhist concepts of personal life and responsibilities.
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  39. Les états multiples de l'être..René Guénon - 1932 - Paris,: Les Éditions Véga.
     
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  40. L'homme et son devenir selon le Vêdânta.René Guénon - 1925 - Paris: Éditions traditionnelles.
     
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  41. Man & his becoming, according to the Vêdânta.René Guénon - 1928 - London,: Rider & Co.. Edited by Charles Joseph Whitby.
     
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  42. Paul Humphreys.Non-Nietzschean Decision Making - 1988 - In J. Fetzer (ed.), Probability and Causality. D. Reidel. pp. 253.
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  43. Joachim ballweg and Helmut frosch.Non-Stative Verbs - 1981 - In Hans-Jürgen Eikmeyer & Hannes Rieser (eds.), Words, Worlds, and Contexts: New Approaches in Word Semantics. W. De Gruyter. pp. 6--210.
     
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  44. Archibald A. hill.Non-Grammatical Prerequisites - forthcoming - Foundations of Language.
     
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  45. Edward R. hope.Non-Syntactic Constraints On Lisu & Noun Phrase Order - 1973 - Foundations of Language 10:79.
     
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  46. Possible Worlds-A Stapp in the Wrong Direction'(joint paper with RK Clifton and J. Butterfield).Non-Local Influences - 1990 - British Journal for the Philosophy of Science 41:5-58.
  47. Kymlicka, multiculturalism, and.Non-Western Nations - 2003 - Public Affairs Quarterly 17 (4):291.
     
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  48.  24
    Email: Unruh@ physics. Ubc. ca.is Quantum Mechanics Non-Local - 2002 - In T. Placek & J. Butterfield (eds.), Non-Locality and Modality. Kluwer Academic Publishers.
  49. Georges bonjean.Non Linéaire - 1968 - In Jean-Louis Destouches & Evert Willem Beth (eds.), Logic and foundations of science. Dordrecht,: D. Reidel. pp. 102.
     
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  50. Medium Enterprises in Indonesia'.Non-Farm Small - forthcoming - Knowledge, Technology & Policy.
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