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  1.  7
    L'herméneutique fictionnalisée: quand l'interprétation s'invite dans la fiction.Nicolas Correard,VincentFerré &Anne Teulade (eds.) -2014 - Paris: Classiques Garnier.
    Ce volume collectif montre que l'herméneutique fictionnalisée permet de réfléchir sur les procédures de l'interprétation, de penser les limites de la fiction et de prendre en charge des discours que les disciplines savantes ne sont pas toujours en situation de produire.
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  2.  24
    An enduring connection to country.Vincent Alessi &Reko Rennie -2018 -Thesis Eleven 145 (1):111-119.
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  3. Be here now : mimesis and the history of representation.Vincent P. Pecora -2013 - In Ranjan Ghosh & Ethan Kleinberg,Presence: philosophy, history and cultural theory for the twenty-first century. Ithaca, New York: Cornell University Press.
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  4. Construction of a System and Gratitude to the Other - in Memoriam of Chu His in the 800th Anniversary of his Death.Vincent Shen -2001 -Philosophy and Culture 28 (3):193-205.
    This article aims to "System" and "other" under the two intertwined ideas, revisit ideas of Zhu Xi. Zhu Xi is a big system builders, building systems on the performance in terms of a responsible thinker, Zhu Xi should be post-modern thought for inspiration. On the other hand, the "other" is an important dimension of life and existence, particularly in the post-modern thought to be emphasized as an alternative to over-expansion of the subject in modern times, and "other" relationship will help (...) us more in-depth understanding of Zhu Xi . Used in this article, "thank you" word, can be regarded as a token of appreciation of the compound verb, the word can also be split as: "a sense of" who has suffered in his person; "thank" those who, for those who suffered in his gratitude. Were able to grow, and even constitute the personality of harmony or system, the damage of his very public. His acceptance of those who have a positive, of course, joy; to have suffered a sense of, and can also responded with gratitude, joy is even more gain. Thanksgiving know who always keep the inner joy, and is double joy. Words in a sense, it can be said in this article to inquire: the sense of otherness and Xie, whether it is building its philosophy of Zhu Xi serves as a source. Feeling he who thanks to him who is both a source of spiritual double joy, the personality and mature as those of Zhu Xi, or should have realized that this practice of double joy as its moral and ideological sources of creation. In this paper, from an ethical relationship, he who, in his teachings were , and Germany's side into harmony with other aspects of me that he thought were to be assessment of Zhu Xi. (shrink)
     
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  5. King Review Professor Gao Lingxia.Vincent Shen -1997 -Philosophy and Culture 24 (3):294-295.
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  6. Congnitive Aspects of the Heisenberg Principle.Vincent Edward Smith -1949 -The Thomist 12:474.
  7.  9
    Quaestio de unitate universalis =.Vincent Ferrer -2010 - Tarragona: Universitat Rovira i Virgili. Edited by Alexander Fidora & Mauro Zonta.
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  8. On the Relevance of Neuroscience to Criminal Responsibility.Nicole A.Vincent -2010 -Criminal Law and Philosophy 4 (1):77-98.
    Various authors debate the question of whether neuroscience is relevant to criminal responsibility. However, a plethora of different techniques and technologies, each with their own abilities and drawbacks, lurks beneath the label “neuroscience”; and in criminal law responsibility is not a single, unitary and generic concept, but it is rather a syndrome of at least six different concepts. Consequently, there are at least six different responsibility questions that the criminal law asks—at least one for each responsibility concept—and, I will suggest, (...) a multitude of ways in which the techniques and technologies that comprise neuroscience might help us to address those diverse questions. In a way, on my account neuroscience is relevant to criminal responsibility in many ways, but I hesitate to state my position like this because doing so obscures two points which I would rather highlight: one, neither neuroscience nor criminal responsibility are as unified as that; and two, the criminal law asks many different responsibility questions and not just one generic question. (shrink)
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  9. The way of the spirit-A jain journey: studies of spirituality.Vincent Sekhar -1988 -Journal of Dharma 13:217-37.
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  10. Disciplines of philosophy and academic journal evaluation assessing achievements.Vincent Shen -2001 -Philosophy and Culture 28 (6):575-580.
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  11. From Deconstruction to Reconstruction-Changes and Visions of Hierarchy of Values ​​Ever Since1911.Vincent Shen -2001 -Philosophy and Culture 28 (12):1087-1108.
    Shows that value system is a desirable mode of behavior or the existence of the state, according to their relative needs of the sequences, some lasting organization. This so-called desirable patterns of behavior or the existence of the state, should bear some yet to be achieved, and wish to pursue and to achieve the ideal state. Accordingly, the value system can be divided into two aspects: First, the value of the ideal surface, because the total value includes the "ought" of (...) the ingredients, so in traditional Chinese culture and contemporary changes in value systems are ideal and should be However, the side, you can use philosophy and humanities research methods to be presented. Second, the value of face cards in fact, the performance of personal value system is also pursuing the target of real natural state, have to use empirical methods to be presented. Value system of traditional Chinese culture to the Republic since the change, I can not go back the way empirical research, only the literature of interpretation and historical reconstructions were; the mainland since 1949 for the value system, due to limited conditions , I can not discourse, expect more than Zhumo mainland scholars. For the value system in Taiwan, there are many empirical results can be presented in this article. (shrink)
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  12. Introduction: Scholastic Philosophy in China.Vincent Shen -2010 -Philosophy and Culture 37 (11):1-4.
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  13. Life-world and Reason in Husserl's Philosophy of Life.Vincent Shen -1984 -Analecta Husserliana 17:105.
  14. "on The Scholastic Philosophy Of The Research" Speech Record.Vincent Shen -2004 -Philosophy and Culture 31 (6):163-184.
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  15. Responsibility: distinguishing virtue from capacity.NicoleVincent -2009 -Polish Journal of Philosophy 3 (1):111-26.
    Garrath Williams claims that truly responsible people must possess a “capacity … to respond [appropriately] to normative demands” (2008:462). However, there are people whom we would normally praise for their responsibility despite the fact that they do not yet possess such a capacity (e.g. consistently well-behaved young children), and others who have such capacity but who are still patently irresponsible (e.g. some badly-behaved adults). Thus, I argue that to qualify for the accolade “a responsible person” one need not possess such (...) a capacity, but only to be earnestly willing to do the right thing and to have a history that testifies to this willingness. Although we may have good reasons to prefer to have such a capacity ourselves, and to associate ourselves with others who have it, at a conceptual level I do not think that such considerations support the claim that having this capacity is a necessary condition of being a responsible person in the virtue sense. (shrink)
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  16. 148 the hibbert journal.Vincent Taylor -1939 -Hibbert Journal 38:148.
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  17. Sade et la peine de Mort.Vincent Jolivet -2012 -Corpus: Revue de philosophie 62:265-285.
  18. What do you mean I should take responsibility for my own ill health.Nicole A.Vincent -2009 -Journal of Applied Ethics and Philosophy 1 (1):39-51.
    Luck egalitarians think that considerations of responsibility can excuse departures from strict equality. However critics argue that allowing responsibility to play this role has objectionably harsh consequences. Luck egalitarians usually respond either by explaining why that harshness is not excessive, or by identifying allegedly legitimate exclusions from the default responsibility-tracking rule to tone down that harshness. And in response, critics respectively deny that this harshness is not excessive, or they argue that those exclusions would be ineffective or lacking in justification. (...) Rather than taking sides, after criticizing both positions I also argue that this way of carrying on the debate – i.e. as a debate about whether the harsh demands of responsibility outweigh other considerations, and about whether exclusions to responsibility-tracking would be effective and/or justified – is deeply problematic. On my account, the demands of responsibility do not – in fact, they can not – conflict with the demands of other normative considerations, because responsibility only provides a formal structure within which those other considerations determine how people may be treated, but it does not generate its own practical demands. (shrink)
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  19. L'analogie dans l'épistémologie historique de Ferdinand Gonseth: Les concepts post-phénoménologiques de schéma, horizon de réalité et référentiel.Vincent Bontems -2007 -Bulletin d'Analyse Phénoménologique (3).
    Ferdinand Gonseth n'a cessé d'approfondir sa conception de la fonction épistémologique dévolue à l'analogie dans le cadre de sa doctrine de l'"idonéisme". Cette recherche passa toujours par une appropriation critique de la phénoménologie. L'auteur examine ici comment s'établit, dès 1936, un principe d'analogicité entre des plans d'abstraction et d'approfondissement phénoménotechnique qui s'éloignent de plus en plus de l'expérience perceptive ordinaire. La concordance est alors assurée par la notion de "schéma", qu'il reprend au "phénoménologiste" Kaufmann, mais à laquelle il confère d'autres (...) propriétés (notamment une structure de groupe). Gonseth introduit, par la suite, les notions d'"horizon de subjectivité" et d'"horizon d'objectivité", ce qui, tout en se démarquant des analyses d'Edmund Husserl, prolonge l'appropriation du vocabulaire phénoménologique. Dans un dernier temps, il adopta la notion de "référentiel", élaborée en rupture avec la philosophie du sujet, mais qui demeure encore attachée à des structures phénoménologiques. Son projet épistémologique encourage ainsi la pratique d'une "phénoménologie ouverte". (shrink)
     
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  20.  14
    Communication in a Democratic Society.Vincent Luizzi -1988 -Southwest Philosophical Studies 10 (3):78-82.
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  21. Tailoring science education graduate programs to the needs of science educators in low‐income countries.Vincent N. Lunetta &Euwe Van Den Berg -1995 -Science Education 79 (3):273-294.
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  22.  13
    Civility, religious pluralism, and education.Vincent F. Biondo &Andrew Fiala (eds.) -2014 - New York: Routledge.
    This book focuses on the problem of religious diversity, civil dialogue, and religion education in public schools, exploring the ways in which atheists, secularists, fundamentalists, and mainstream religionists come together in the public sphere, examining how civil discourse about religion fit swithin the ideals of the American political and pedagogical systems and how religious studies education can help to foster civility and toleration.
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  23. Medical ethics: a Christian view.Vincent Edmunds -1966 - London: published for the Christian Medical Fellowship by Tyndale P.. Edited by C. Gordon Scorer.
     
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  24.  89
    Intellectual property and the commercialization of research and development.Vincent Norcia -2005 -Science and Engineering Ethics 11 (2):203-219.
    Concern about the commercialization of research is rising, notably in testing new drugs. The problem involves oversimplified, polarizing assumptions about research and development (R&D) and intellectual property (IP). To address this problem this paper sets forth a more complex three phase RT&D process, involving Scientific Research (R), Technological Innovation (T), and Commercial Product Development (D) or the RT&D process. Scientific research and innovation testing involve costly intellectual work and do not produce free goods, but rather require IP regulation. RT&D processes (...) involve an unrecognized IP shift from a common IP right in public goods like information and knowledge to private IP in products and other hard assets. The question then is, what kind of IP right: private or common? Since scientific research and innovation testing require openness about adverse findings, and wide, low cost diffusion of results, they require a common, inclusive IP right. Common IP is appropriate to both sharing knowledge goods and recovering the cost of production. Research is furthermore compatible with commercialization and support by other social interests. On the other hand it is incompatible with the exclusionary private IP rights that permit restrictive publication or total suppression of information. Private IP rather than commercialization conflicts with the openness requirements of scientific research and innovation testing. Commercial funding, however, is in principle compatible with research and testing, especially when regulated by a common IP right. This reflects a pragmatic view of the fundamental interconnections of knowledge and other social interests. (shrink)
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  25.  49
    Dissociating contributions of head and torso to spatial reference frames: The misalignment paradigm.Adrian J. T. Alsmith,Elisa R. Ferrè &Matthew R. Longo -2017 -Consciousness and Cognition 53:105-114.
  26.  16
    The Struggle to Constitute and Sustain Productive Orders:Vincent Ostrom's Quest to Understand Human Affairs.Stephan Kuhnert,Brian Loveman,Anas Malik,Michael D. McGinnis,Tun Myint,Vincent Ostrom,Filippo Sabetti &Jamie Thomson (eds.) -2008 - Lexington Books.
    This book identifies the criteria for successful constitutions in both theory and practice using the research and methodology ofVincent Ostrom.
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  27. Édouard reuss, traducteur et interprète du livre de job: À l'occasion du bicentenaire de la naissance de l'exégète strasbourgeois.Jean MarcelVincent -2005 -Revue D'Histoire Et de Philosophie Religieuses 85 (3):337-364.
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  28. Formes et fonctions de la religion.G.Vincent -1994 -Revue D'Histoire Et de Philosophie Religieuses 74 (1):81-91.
     
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  29. Kant, Teleology, and Sexual Ethics.S.Vincent M. Cooke -1991 -International Philosophical Quarterly 31 (1):3-13.
  30. Montaigne y la formación del juicio.HubertVincent -1995 -Ideas Y Valores 44 (98-99):211-225.
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  31. Reflections on Violence. By Georges Sorel; edited by Jeremy Jennings.K. S.Vincent -2002 -The European Legacy 7 (2):274-274.
     
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  32. The Other Enlightenment: How French Women Became Modern. By Carla Hesse.K. S.Vincent -2003 -The European Legacy 8 (5):695-697.
     
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  33.  14
    Being in America: Sixty Years of the Metaphysical Society.Brian G. Henning &David Kovacs (eds.) -2014 - New York: Editions Rodopi.
    Since its founding in 1950, the Metaphysical Society of America has remained a pluralistic community dedicated to rigorous philosophical inquiry into the most basic metaphysical questions. At each year’s conference, the presidential address offers original insights into metaphysical questions. Both the insights and the questions are as perennial as they are relevant to contemporary philosophers. This volume collects eighteen of the finest representatives from those presidential addresses, including contributions from George Allan, Richard Bernstein, Norris Clarke,Vincent Colapietro, Frederick Ferré, (...) Jorge J. E. Gracia, Joseph Grange, Marjorie Grene, George Klubertanz, Ivor Leclerc, Ralph McInerny, Ernan McMullin, Joseph Owens, John Herman Randall, Jr., Nicholas Rescher, Stanley Rosen, John E. Smith, and Robert Sokolowski. Also included are Paul Weiss’s inaugural address to the Society, an introduction chronicling the history of the Society, and an original Foreword by William Desmond and Epilogue by Robert Neville. (shrink)
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  34. Foi et raison selon Edith Stein.Vincent Aucante -2006 -Gregorianum 87 (3):522-543.
    La foi pour Edith Stein est d'abord un fait; aussi loin de la neutraliser dans une sphère étrangère à la raison, elle s'est attachée à penser la relation qui les unit. L'analyse phénoménologique de l'angoisse et du don l'a conduite tout d'abord à retrouver la distinction de Denys l'Aréopagite entre la théologie positive, rattachée à la révélation, et la théologie négative, qui souligne l'incommensurabilité entre Dieu et la création. La philosophie et la foi traversent toutes deux cette distinction, la première (...) permettant une connaissance de Dieu certaine mais limitée alors que la seconde transcende ces limites mais doit être confortée dans son élan. La foi se révèle alors source d'une connaissance d'un genre particulier, qui vient compléter la raison naturelle et la guider sur son propre chemin, une connaissance spécifique qui sera dite 'obscure' car certaine mais non-évidente, au sens où nous ne pouvons connaître Dieu qu'à notre mesure. Il faut donc comprendre la foi comme une croyance, au sens d'un libre consentement de la raison, distingué de la simple opinion, liberté qui implique la possibilité de l'athéisme. (shrink)
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  35.  23
    Patriotism.A.Vincent -2003 -Australasian Journal of Philosophy 81 (3):455-456.
  36. L'esthétique théologique comme esthétique fondamentale chez Hans Urs von Balthasar.Vincent Holzer -1997 -Recherches de Science Religieuse 85 (4):557-588.
    Balthasar a acquis la réputation d'un théologien de la Beauté du divin. C'est en phénoménologue qu'il conçoit l'expérience esthétique : comment réussit-il à en faire le fondement d'une théologie esthétique ? « Dieu par lui-rnême a pris une figure » : telle est l'expression centrale de cette esthétique. Elle est influencée au plan théologique par la conception de la Révélation chez Karl Barth : le croire est corrélatif au voir ; et d'autre part au plan philosophique, par le concept de (...) phénomène chez Martin Heidegger : le phénomène est ce qui se montre soi-même par soi-même. L'Écriture est traitée comme une figure, une image phénoménale, dont la médiation se poursuit dans l'Église pour désigner et attester la figure singulière de révélation qu'est le Christ. La difficulté de l'entreprise est de mettre en œuvre une médiation qui n'aboutisse pas à identifier figure du monde et figure de révélation, mais qui n'empêche pas non plus la manifestation de l'être divin en son apparaître sensible, car le mystère de la beauté consiste dans une telle donation de soi-même. Sur ce terrain, Balthasar prend congé d'Augustin et entre en débat avec Karl Rahner. Mais, dans la chair du Christ, Dieu se dévoile en se voilant suprêmement. La figure accède à sa vérité au prix d'une auto-dissimulation. La chair du Christ doit-elle parvenir à ce degré d'idéalité, finalement se « déhistoriser », pour laisser transparaître la vérité de l'Être qui s'offre en elle à notre perception sensible ? C'est la limite paradoxale d'une esthétique fondamentale qui paraît plus propre à inspirer une attitude confessante qu'à se définir conceptuellement.Balthasar acquired the reputation of a theologian of divine Beauty. It was as a phenomenologist that he conceived the aesthetic experience : how did he succeed in founding an aesthetic theology ? « God, of his own doing, took a countenance » : such is the main expression of this aesthetic. It is influenced on a theological level by the conception of Karl Barth’s Revelation : Believing is correlative to seeing ; and on the philosophical level, by the concept of phenomenon with Martin Heiddegger : the phenomenon is that which shows itself by itself. Writing is treated as a figure, a phenomenal image, of which the mediation is continued in the Church to designate and attest the unique figure of revelation, which is Christ. The problem with the undertaking is to put into effect a mediation that does not conclude in identifying the figure of the world and the figure of revelation. It does not prohibit the manifestation of the divine being in its sensitive apparition, for the mystery of beauty consists in the giving of oneself. In this light, Balthasar leaves Augustine and enters into discussion with Karl Rahner. In the flesh of Christ, however, God unveils himself by completely hiding himself. The figure approaches its truth at the price of a self-concealment. Must the flesh of Christ come to such a degree of idealization, finally to de-historicize itself, in order to allow the truth of Being to shine through, a truth that offers itself through that flesh to our sensitive perception ? This is the paradoxical limit of a fundamental aesthetic that seems to be more proper to inspire a confessing attitude than to define itself conceptually. (shrink)
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  37.  55
    Some Thoughts on Intercultural Philosophy and Chinese Philosophy.Vincent Shen -2003 -Journal of Chinese Philosophy 30 (3-4):357-372.
  38.  8
    A university president speaks out: on current education.CarrollVincent Newsom -1961 - New York,: Harper.
  39.  515
    Communication or Confrontation – Heidegger and Philosophical Method.Vincent Blok -2009 -Empedocles: European Journal for the Philosophy of Communication 1 (1):43-57.
    In this essay, we consider the philosophical method of reading and writing, of communication. Normally, we interpret the works of the great philosophers and explain them in papers and presentations. The thinking of Martin Heidegger has given us an indication of an entirely different method of philosophical thinking. In the 1930s, he gave a series of lectures on Nietzsche. In them, he calls his own way of reading and writing a confrontation (Auseinandersetzung) with Nietzsche. We consider the specific character of (...) confrontation, and in what ways it is different from communication. First, we develop an answer to the question of how Heidegger reads Nietzsche. Does he give a charitable or a violent interpretation of Nietzsche and, if neither, how can his confrontation with Nietzsche be characterized? With this, we obtain an indication of the way we have to read Heidegger, indeed, of philosophical reading and writing as such. (shrink)
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  40.  87
    The Question of Voice and the Limits of Pragmatism: Emerson, Dewey, and Cavell.Vincent Colapietro -2004 -Metaphilosophy 35 (1-2):178-201.
    One criticism of pragmatism, forcefully articulated by Stanley Cavell, is that pragmatism fails to deal with mourning, understood in the psychoanalytic sense as grief-work (Trauerarbeit). Such work would seemingly be as pertinent to philosophical investigations (especially ones conducted by pragmatists) as to psychoanalytic explorations. Finding such themes as mourning and loss in R. W. Emerson's writings, Cavell warns against assimilating Emerson's voice to that of American pragmatism, especially Dewey's instrumentalism, for such assimilation risks the loss or repression of Emerson's voice (...) in not only professional philosophy but also American culture. While granting Emerson's distinctive voice, this essay argues that the way Cavell insists on differences problematically represses recognition of the Emersonian strains in Dewey's own philosophical voice. In doing so, Cavell falsely flattens the resounding depth of Dewey's philosophical voice and narrows the expansive range of pragmatic intelligence. But Dewey all too often lends himself to such a misreading, for his writings at once repress and embody the strains of a distinctively Emersonian voice. (shrink)
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  41. Contemporary Chinese Neo-Scholasticism and the Overcoming of the Malaise of Modernity.Vincent Shen -2010 -Philosophy and Culture 37 (11):5-22.
    This paper from the dilemma of the modern super-g to re-read and judge the angle of the Chinese New Scholasticism. Western modern legislation based on human subjectivity, emphasizing human reason, and who constructed the appearance of culture. In which, with the appearance of the main building through rational, manipulation of power, domination of others and otherness, creating a solid all embarrassed, defects clusters. Neo-Confucian emphasis on human subjectivity and for the reconstruction of Chinese philosophy and laid a priori basis for (...) China's modernization, but ignoring the dimension of otherness, especially those who ignore the people he's the ultimate open. Contemporary Neo-Confucian philosophy as a subject, "benevolence" as the self-love and not to speak of ethics and practice, not easy to overcome the dilemma of modernity. By comparison, Catholic scholars of contemporary China, especially Chinese New Scholastic Philosophy, in the process of integration of Chinese culture, emphasizes the human spirit to live straight, but still trying to maintain the relationship of ultimate otherness. Although they used the interpretation of the Christian faith, not necessarily the history of Chinese philosophy, the image, but their efforts to point out that Chinese culture and Chinese philosophy about human nature has not of intrinsic dimension beyond, and to promote and practice of true humility has , Love and Love of ethics, is indeed precious. Philosophy they create, from the ontology, cosmology, human nature, ethics, training Jilun point of view, the plight of modern super-g. Due to space limitations, this article cite Yu Bin , Lo Kuang , Li Zhen three to illustrate their ideas into practice and how can the life of the plight of the modern super-g. This paper re-reads and re-assesses the development of 'Chinese Neo-Scholasticism in terms of its potential to overcome the malaise of modernity, which has been caused by the self-enclosure of human subjectivity, the culture of representations, impoverishment of human reason, and the tendency towards domination by the will to power that characterize Modernity. Different from it, Modern New Confucianism keeps itself to the self-enclosed human subjectivity, without the love for many others, with their strong discourse and weak praxis, and therefore still belongs to modernity and is unable to overcome its malaise. In comparison, Chinese Neo-Scholasticism, in its attempt of synthesis with Chinese philosophy, is open to God, to all things in the universe, to other people, and to love them in their life praxis, it does not allow the self-enclosure of human nature. Even it what they interpret is not necessarily the historical image of Chinese philosophy, their effort in keeping irreducible human nature's openness to God arid many others is very significant today. The philosophical system they build, containing diverse dimensions such as ontology, cosmology, theory of human nature, ethics, theory of self-cultivation, philosophy of culture and philosophy of education ... etc., and their actualization of 'their ideas in their life praxis, indeed offer a way of life and thinking that is capable of 'overcoming the malaise of modernity. This paper will take Cardinal Yu Bin, Archbishop Lo Kuang and Mgr. Gabriel Li, and their theories and life praxis as examples of analysis. (shrink)
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  42. Problem: The Nature of Scientific Theory.Vincent Smith -1942 -Proceedings and Addresses of the American Philosophical Association 18:96.
     
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  43.  27
    Des langues brisées. Silence et origine dans la pensée de Reiner Schürmann.Vincent Blanchet -2020 -Philosophie 148 (1):91-108.
    Vincent Blanchet addresses the problem of language in Reiner Schürmann’s thought. He examines Schürmann’s oeuvre in light of the reflection on language that traverses it and that culminates in Broken Hegemonies. In doing so, he seeks to espouse Schürmann’s questioning of how it is possible for speech to remain faithful of the ultimate conditions of human experience.
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  44. Responsibility, Compensation and Accident Law Reform.Nicole A.Vincent -2007 - Dissertation, University of Adelaide
    This thesis considers two allegations which conservatives often level at no-fault systems — namely, that responsibility is abnegated under no-fault systems, and that no-fault systems under- and over-compensate. I argue that although each of these allegations can be satisfactorily met – the responsibility allegation rests on the mistaken assumption that to properly take responsibility for our actions we must accept liability for those losses for which we are causally responsible; and the compensation allegation rests on the mistaken assumption that tort (...) law’s compensatory decisions provide a legitimate norm against which no-fault’s decisions can be compared and criticized – doing so leads in a direction which is at odds with accident law reform advocates’ typical recommendations. On my account, accident law should not just be reformed in line with no-fault’s principles, but rather it should be completely abandoned since the principles that protect no- fault systems from the conservatives’ two allegations are incompatible with retaining the category of accident law, they entail that no-fault systems are a form of social welfare and not accident law systems, and that under these systems serious deprivation – and to a lesser extent causal responsibility – should be conditions of eligibility to claim benefits. (shrink)
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  45.  53
    Comte and the fortunes of positivism: Mary Pickering: Auguste Comte: An intellectual biography, vols. II and III. Cambridge and New York: Cambridge University Press, 2009, 652+682pp, £130.00, US$190.00 HB.Bernadette Bensaude-Vincent -2011 -Metascience 20 (3):477-479.
    Comte and the fortunes of positivism Content Type Journal Article Pages 1-3 DOI 10.1007/s11016-010-9512-2 Authors Bernadette Bensaude-Vincent, Université Paris 1 et Institut universitaire de France, UFR de Philosophie, 17 rue de la Sorbonne, 75231 Paris Cedex 05, France Journal Metascience Online ISSN 1467-9981 Print ISSN 0815-0796.
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  46.  848
    Equality, Responsibility and Talent Slavery.Nicole A.Vincent -2006 -Imprints 9 (2):118-39.
    Egalitarians must address two questions: i. What should there be an equality of, which concerns the currency of the ‘equalisandum’; and ii. How should this thing be allocated to achieve the so-called equal distribution? A plausible initial composite answer to these two questions is that resources should be allocated in accordance with choice, because this way the resulting distribution of the said equalisandum will ‘track responsibility’ — responsibility will be tracked in the sense that only we will be responsible for (...) the resources that are available to us, since our allocation of resources will be a consequence of our own choices. But the effects of actual choices should not be preserved until the prior effects of luck in constitution and circumstance are first eliminated. For instance, people can choose badly because their choice-making capacity was compromised due to a lack of intelligence (i.e. due to constitutional bad luck), or because only bad options were open to them (i.e. due to circumstantial bad luck), and under such conditions we are not responsible for our choices. So perhaps a better composite answer to our two questions (from the perspective of tracking responsibility) might be that resources should be allocated so as to reflect people’s choices, but only once those choices have been corrected for the distorting effects of constitutional and circumstantial luck, and on this account choice preservation and luck elimination are two complementary aims of the egalitarian ideal. Nevertheless, it is one thing to say that luck’s effects should be eliminated, but quite another to figure out just how much resource redistribution would be required to achieve this outcome, and so it was precisely for this purpose that in 1981 Ronald Dworkin developed the ingenuous hypothetical insurance market argumentative device (HIMAD), which he then used in conjunction with the talent slavery (TS) argument, to arrive at an estimate of the amount of redistribution that would be required to reduce the extent of luck’s effects. However recently Daniel Markovits has cast doubt over Dworkin’s estimates of the amount of redistribution that would be required, by pointing out flaws with his understanding of how the hypothetical insurance market would function. Nevertheless, Markovits patched it up and he used this patched-up version of Dworkin’s HIMAD together with his own version of the TS argument to reach his own conservative estimate of how much redistribution there ought to be in an egalitarian society. Notably though, on Markovits’ account once the HIMAD is patched-up and properly understood, the TS argument will also allegedly show that the two aims of egalitarianism are not necessarily complementary, but rather that they can actually compete with one another. According to his own ‘equal-agent’ egalitarian theory, the aim of choice preservation is more important than the aim of luck elimination, and so he alleges that when the latter aim comes into conflict with the former aim then the latter will need to be sacrificed to ensure that people are not subordinated to one another as agents. I believe that Markovits’ critique of Dworkin is spot on, but I also think that his own positive thesis — and hence his conclusion about how much redistribution there ought to be in an egalitarian society — is flawed. Hence, this paper will begin in Section I by explaining how Dworkin uses the HIMAD and his TS argument to estimate the amount of redistribution that there ought to be in an egalitarian society — this section will be largely expository in content. Markovits’ critique of Dworkin will then be outlined in Section II, as will be his own positive thesis. My critique of Markovits, and my own positive thesis, will then make a fleeting appearance in Section III. Finally, I will conclude by rejecting both Dworkin’s and Markovits’ estimates of the amount of redistribution that there ought to be in an egalitarian society, and by reaffirming the responsibility-tracking egalitarian claim that choice preservation and luck elimination are complementary and not competing egalitarian aims. (shrink)
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  47.  617
    Compensation for Mere Exposure to Risk.Nicole A.Vincent -2004 -Australian Journal of Legal Philosophy 29:89-101.
    It could be argued that tort law is failing, and arguably an example of this failure is the recent public liability and insurance (‘PL&I’) crisis. A number of solutions have been proposed, but ultimately the chosen solution should address whatever we take to be the cause of this failure. On one account, the PL&I crisis is a result of an unwarranted expansion of the scope of tort law. Proponents of this position sometimes argue that the duty of care owed by (...) defendants to plaintiffs has expanded beyond reasonable levels, such that parties who were not really responsible for another’s misfortune are successfully sued, while those who really were to blame get away without taking any responsibility. However people should take responsibility for their actions, and the only likely consequence of allowing them to shirk it is that they and others will be less likely to exercise due care in the future, since the deterrents of liability and of no compensation for accidentally self-imposed losses will not be there. Others also argue that this expansion is not warranted because it is inappropriately fueled by ‘deep pocket’ considerations rather than by considerations of fault. They argue that the presence of liability insurance sways the judiciary to award damages against defendants since they know that insurers, and not the defendant personally, will pay for it in the end anyway. But although it may seem that no real person has to bear these burdens when they are imposed onto insurers, in reality all of society bears them collectively when insurers are forced to hike their premiums to cover these increasing damages payments. In any case, it seems unfair to force insurers to cover these costs simply because they can afford to do so. If such an expansion is indeed the cause of the PL&I crisis, then a contraction of the scope of tort liability, and a pious return to the fault principle, might remedy the situation. However it could also be argued that inadequate deterrence is the cause of this crisis. On this account the problem would lie not with the tort system’s continued unwarranted expansion, but in the fact that defendants really have been too careless. If prospective injurers were appropriately deterred from engaging in unnecessarily risky activities, then fewer accidents would ever occur in the first place, and this would reduce the need for litigation at its very source. If we take this to be the cause of tort law’s failure then our solution should aim to improve deterrence. Glen Robinson has argued that improved deterrence could be achieved if plaintiffs were allowed to sue defendants for wrongful exposure to ongoing risks of future harm, even in the absence of currently materialized losses. He argues that at least in toxic injury type cases the tortious creation of risk [should be seen as] an appropriate basis of liability, with damages being assessed according to the value of the risk, as an alternative to forcing risk victims to abide the outcome of the event and seek damages only if and when harm materializes. In a sense, Robinson wishes to treat newly-acquired wrongful risks as de-facto wrongful losses, and these are what would be compensated in liability for risk creation (‘LFRC’) cases. Robinson argues that if the extent of damages were fixed to the extent of risk exposure, all detected unreasonable risk creators would be forced to bear the costs of their activities, rather than only those who could be found responsible for another’s injuries ‘on the balance of probabilities’. The incidence of accidents should decrease as a result of improved deterrence, reduce the ‘suing fest’, and so resolve the PL&I crisis. So whilst the first solution involves contracting the scope of tort liability, Robinson’s solution involves an expansion of its scope. However Robinson acknowledges that LFRC seems prima facie incompatible with current tort principles which in the least require the presence of plaintiff losses, defendant fault, and causation to be established before making defendants liable for plaintiffs’ compensation. Since losses would be absent in LFRC cases by definition, the first evidentiary requirement would always be frustrated, and in its absence proof of defendant fault and causation would also seem scant. If such an expansion of tort liability were not supported by current tort principles then it would be no better than proposals to switch accident law across to no-fault, since both solutions would require comprehensive legal reform. However Robinson argues that the above three evidentiary requirements could be met in LFRC cases to the same extent that they are met in other currently accepted cases, and hence that his solution would therefore be preferable to no-fault solutions as it would only require incremental but not comprehensive legal reform. Although I believe that actual losses should be present before allowing plaintiffs to seek compensation, I will not present a positive argument for this conclusion. My aim in this paper is not to debate the relative merits of Robinson’s solution as compared to no-fault solutions, nor to determine which account of the cause of the PL&I crisis is closer to the truth, but rather to find out whether Robinson’s solution would indeed require less radical legal reform than, for example, proposed no-fault solutions. I will argue that Robinson fails to show that current tort principles would support his proposed solution, and hence that his solution is at best on an even footing with no-fault solutions since both would require comprehensive legal reform. (shrink)
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  48.  45
    Special Groups Whose Isometry Relation Is a Finite Union of Cosets.Vincent Astier -2008 -Journal of Symbolic Logic 73 (2):448 - 473.
    N₀-stable N₀-categorical linked quaternionic mappings are studied and are shown to correspond (in some sense) to special groups which are N₀-stable. N₀-categorical, satisfy AP(3) and have finite 2-symbol length. They are also related to special groups whose isometry relation is a finite union of cosets, which are then considered on their own, as well as their links with pseudofinite, profinite and weakly normal special groups.
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  49. Chronicle the history of religions II. Greece and Rome.A.Vincent -1933 -Revue des Sciences Religieuses 13 (1):82-105.
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  50. Chronicle the history of religions III. Egypt. Semitic peoples.A.Vincent -1933 -Revue des Sciences Religieuses 13 (2):266-283.
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