Preface |
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ix | |
Acknowledgments |
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xvii | |
Author |
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xix | |
Case Study: Under the Gun |
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xxi | |
Case Study: When Does a Mistake Stop Being Honest? |
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xxv | |
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Chapter 1 Retributive and Restorative Just Cultures |
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1 | (32) |
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1 | (11) |
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2 | (4) |
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Difficulties and Fairness in Retribution |
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6 | (1) |
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7 | (1) |
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Breaking The Rules to Get More Recruits: Some Say Cheating Needed to Fill Ranks |
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7 | (1) |
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8 | (2) |
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Summarizing and Managing the Difficulties with Retributive Justice |
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10 | (2) |
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12 | (9) |
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Restorative Justice Steps |
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13 | (1) |
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Who Was Hurt, and What Are His or Her Needs? |
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13 | (3) |
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Identifying the Obligations to Meet Needs |
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16 | (3) |
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Restoration and Forgiveness |
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19 | (2) |
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Comparing and Contrasting Retributive and Restorative Approaches |
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21 | (3) |
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Neither Retributive nor Restorative Justice "Lets People Off the Hook" |
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22 | (1) |
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Retributive and Restorative Forms of Justice Deal Differently with Trust |
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23 | (1) |
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Can Someone or Something Be Beyond Restorative Justice? |
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24 | (2) |
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26 | (7) |
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26 | (1) |
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Technical Errors: Errors in a Role |
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26 | (3) |
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Normative Errors: Errors of a Role |
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29 | (4) |
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Chapter 2 Why Do Your People Break the Rules? |
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33 | (28) |
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34 | (4) |
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Violations Seen from This Bench Are Just Your Imagination |
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34 | (4) |
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38 | (2) |
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40 | (2) |
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42 | (4) |
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Stupid Rules and Subculture Theory |
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46 | (4) |
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50 | (4) |
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54 | (7) |
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Hindsight and Shooting Down an Airliner |
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54 | (1) |
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55 | (2) |
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A Normal, Technical Professional Error |
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57 | (1) |
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A Normative, Culpable Mistake |
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58 | (1) |
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Hindsight and Culpability |
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59 | (1) |
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The Worse the Outcome, the More to Account For |
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60 | (1) |
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Chapter 3 Safety Reporting and Honest Disclosure |
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61 | (30) |
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62 | (1) |
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63 | (1) |
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64 | (1) |
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Keeping the Reports Coming In |
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65 | (1) |
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Reporting to Managers or to Safety Staff? |
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66 | (1) |
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The Successful Reporting System: Voluntary, Nonpunitive, and Protected |
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67 | (4) |
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68 | (1) |
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68 | (2) |
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70 | (1) |
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What If Reported Information Falls into the Wrong Hands? |
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70 | (1) |
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The Difference between Disclosure and Reporting |
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71 | (4) |
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73 | (2) |
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The Risks of Reporting and Disclosure |
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75 | (2) |
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The Ethical Obligation to Report or Disclose |
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76 | (1) |
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76 | (1) |
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The Protection of Disclosure |
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77 | (1) |
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77 | (2) |
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79 | (8) |
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A Nurse's Error Became a Crime |
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79 | (2) |
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81 | (2) |
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83 | (2) |
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85 | (2) |
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Criminal Law and Accidental Death |
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87 | (1) |
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Rational Systems that Produce Irrational Outcomes |
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88 | (2) |
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90 | (1) |
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Chapter 4 The Criminalization of Human Error |
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91 | (36) |
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92 | (3) |
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Do First Victims Believe that Justice Is Served by Putting Error on Trial? |
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93 | (2) |
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Are Victims in It for the Money? |
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95 | (1) |
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95 | (1) |
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96 | (3) |
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96 | (2) |
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Safety Investigations that Sound Like Prosecutors |
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98 | (1) |
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The Prosecutor as Truth-Finder |
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99 | (1) |
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99 | (1) |
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100 | (2) |
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100 | (1) |
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Determining Whether Laws Were Broken |
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101 | (1) |
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Deciding Adequate Punishment |
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101 | (1) |
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102 | (1) |
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The Employing Organization |
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103 | (1) |
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The Consequences of Criminalization |
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103 | (5) |
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Most Professionals Do Not Come to Work to Commit Crimes |
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103 | (1) |
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Is Criminalization Bad for Safety? |
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103 | (4) |
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But Isn't There Anything Positive about Involving the Legal System? |
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107 | (1) |
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108 | (1) |
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Without Prosecutors, There Would Be No Crime |
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109 | (4) |
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110 | (1) |
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There Is No View from Nowhere |
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110 | (3) |
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Judicial Proceedings and Justice |
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113 | (1) |
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Judicial Proceedings and Safety |
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114 | (2) |
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116 | (1) |
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117 | (10) |
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Industry Responses to Criminalization |
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117 | (2) |
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119 | (1) |
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120 | (1) |
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Response 2 The Volatile Safety Database |
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120 | (1) |
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120 | (1) |
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Response 3 Formally Investigate Beyond the Period of Limitation |
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120 | (1) |
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121 | (1) |
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Response 4 Rely on Lobbying, Prosecutorial, and Media Self-Restraint |
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121 | (1) |
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122 | (1) |
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Response 5 Judge of Instruction |
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122 | (1) |
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123 | (1) |
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Response 6 The Prosecutor Is Part of the Regulator |
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123 | (1) |
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123 | (1) |
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Response 7 Disciplinary Rules within the Profession |
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124 | (1) |
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125 | (2) |
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Chapter 5 What Is the Right Thing to Do? |
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127 | (26) |
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127 | (4) |
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Before Any Incident Has Even Happened |
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127 | (1) |
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After an Incident Has Happened |
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128 | (3) |
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Not Individuals or Systems, but Individuals in Systems |
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131 | (3) |
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A Discretionary Space for Personal Accountability |
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131 | (1) |
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Blame-Free Is Not Accountability-Free |
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132 | (2) |
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Forward-Looking Accountability |
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134 | (3) |
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Ask What Is Responsible, Not Who Is Responsible |
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136 | (1) |
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What Is the Right Thing to Do? |
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137 | (1) |
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What Can Ethics Tell You? |
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138 | (6) |
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139 | (1) |
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139 | (2) |
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141 | (1) |
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142 | (1) |
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142 | (1) |
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143 | (1) |
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Not Bad Practice, but Bad Relationships |
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144 | (1) |
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145 | (2) |
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There Is Never One "True" Story |
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145 | (2) |
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Which Perspective Do We Take? |
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147 | (4) |
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The "Real" Story of What Happened? |
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150 | (1) |
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Rhetoric: The Art of Persuasion |
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151 | (2) |
References |
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153 | (6) |
Index |
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159 | |