Results for 'Brian Slattery'

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  1. The Tragedy and Promise of Self-Determination.Brian Slattery - 2020 - Yale Law Journal 129.
    The principle of self-determination, like Janus, has two faces: negative and positive. Often understood as enabling the fracture of states into national components, the principle is better seen as facilitating the creation of multinational frameworks that foster toleration and human rights.
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  2. Transcending community some throughts on Havel and Bergson.Brian Slattery - 1993 - Rechtstheorie. Beiheft 15:265-276.
    What is the persuasive basis for the doctrine of universal human rights - rights that pertain to all human beings, regardless of national, racial, or religious affiliation? This essay offers some reflections on the subject by considering the contrasting approaches of two thinkers: Vaclav Havel, the playwright, essayist, human rights advocate, and onetime President of Czechoslovakia; and Henri Bergson, the once influential French philosopher and apostle of creative evolution, unfortunately now often forgotten.
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  3. The Myth of Retributive Justice.Brian Slattery - 1992 - In Wesley Cragg (ed.), Retributivism and Its Critics. Franz Steiner Verlag. pp. 27-34.
    In fairy tales, villains usually come to a bad end, snared in a trap of their own making, or visited with a disaster nicely suited to their particular villainy. Read a story of this kind to children and you will be struck by the profound satisfaction with which this predictable of events is greeted. Yet, if children cheer when the villain is done in, they are just as satisfied when the hero manages to get the villain by the throat but (...)
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  4. Aboriginal Sovereignty and Imperial Claims.Brian Slattery - 1991 - Osgoode Hall Law Journal 29:681-703.
    It is commonly assumed that Indigenous nations had neither sovereignty in international law nor title to their territories when Europeans first arrived in North America. Thus the continent was legally vacant and European powers could gain title to it simply by such acts as discovery, symbolic acts, or occupation, or by concluding treaties among themselves. This paper argues that this viewpoint is misguided and cannot be justified either by reference to positive international law or to basic principles of justice. To (...)
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  5. Three Concepts of Law: The Ambiguous Legacy of H.L.A. Hart.Brian Slattery - 1998 - Saskatchewan Law Review 61:323-39.
    The law presents itself as a body of meaning, open to discovery, interpretation, application, criticism, development and change. But what sort of meaning does the law possess? Legal theory provides three sorts of answers. The first portrays the law as a mode of communication through which law-makers convey certain standards or norms to the larger community. The law's meaning is that imparted by its authors. On this view, law is a vehicle, conveying a message from a speaker to an intended (...)
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  6. The Paradoxes of National Self-Determination.Brian Slattery - 1994 - Osgoode Hall Law Journal 32:703-33.
    Some have argued that the right of national self-determination gives every national group the power to decide for itself whether to remain part of an existing state or to secede unilaterally and form its own state. Such a theory underpins the claim that Quebec is entitled to decide on its own whether or not to leave Canada. This paper examines the main philosophical arguments for the theory and finds them one-dimensional and inadequate; they fail to take account of the full (...)
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  7. Rights, Communities, and Tradition.Brian Slattery - 1991 - University of Toronto Law Journal 41:447-67.
    This paper argues that there is a close connection between basic human rights and communal bonds. It reviews the views expressed by Alan Gewirth and Alasdair MacIntyre, which in differing ways deny this connection, and concludes that the deficiencies in their accounts reinforce the case for communal bonds.
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  8. Law's Meaning.Brian Slattery - 1996 - Osgoode Hall Law Journal 34:553-81.
    It is often thought that the meaning of a legal provision must reside in the minds of its authors or its interpreters, or a combination of the two. Indeed, the point may seem so obvious that it scarcely needs any justification. Is there any sense, then, in the claim sometimes made by judges that a law has a meaning of its own, one that is distinct from the intentions of authors and interpreters alike? At first sight, the claim appears extravagant (...)
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  9. The Grounds of Human Rights.Brian Slattery - manuscript
    What is the rational foundation for the doctrine of universal human rights? Some philosophers, such as Alan Gewirth, argue that it may be discovered simply by reflection on certain essential features of the human constitution. However this approach has significant problems, achieving its ends by smuggling certain tacit premises into the argument. A better approach is one that appeals to the communal practices and traditions within which doctrines of human rights have evolved historically. It is here that Alasdair MacIntyre's work (...)
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  10. Our Mongrel Selves: Pluralism, Identity and the Nation.Brian Slattery - 2003 - In Ysolde Gendreau (ed.), Community of Rights - Rights of Community. Editions Themis. pp. 85-120.
    This paper examines the view that ‘nations’ are natural entities, composed of homogeneous linguistic and cultural groups, and argues that this theory fails to take account of our multiple and overlapping identities.
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  11. A Break in the Citation Patterns.Brian Weatherson - manuscript
    Comments on Eugenio Petrovich’s book _A Quantitative Portrait of Analytic Philosophy: Looking Through the Margins_, for the Quantitative Studies of Philosophy workshop at Tilburg, August 21-22 2024.
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  12. Transitivity, Majority Rule, and the Repugnant Conclusion.Brian Hedden - manuscript
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  13. The Fearful Ethical Subject: On the Fear for the Other, Moral Education, and Levinas in the Pandemic.Sijin Yan & Patrick Slattery - 2020 - Studies in Philosophy and Education 40 (1):81-92.
    The article seeks to reclaim a type of fear lost in silent omission in education, yet central to the development of an ethical subject. It distinguishes the fear described by Martin Heidegger through the concept of befindlichkeit and fear for the other as an essential moment for ethics articulated by Emmanuel Levinas. It argues that the latter conception of fear has inverted the traditional assumption of the ideal ethical subject as fearless. It then examines how Levinas’s interpretation of fear might (...)
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  14. (1 other version)Does MITE Make Right?: On Decision-Making under Normative Uncertainty.Brian Hedden - 2016 - Oxford Studies in Metaethics 11:102-128.
    We typically have to act under uncertainty. We can be uncertain about the relevant descriptive facts, but also about the relevant normative facts. However, the search for a theory of decision-making under normative uncertainty is doomed to failure. First, the most natural proposal for what to do given normative uncertainty faces two devastating problems. Second, the motivations for wanting a theory of what to do given descriptive uncertainty do not carry over to normative uncertainty. Descriptive facts may be inaccessible even (...)
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  15. Why Ain't Evidentialists Rich?Brian Weatherson - forthcoming - Analysis.
    A common argument for favouring Evidential Decision Theory (EDT) over Causal Decision Theory (CDT) is that EDT has predictably higher expected returns in Newcomb Problems. But this doesn’t show much. For almost any pair of theories you can come up with cases where one does, on average, better than the other. Here I describe a case involving dynamic choice where EDT predictably does worse than CDT.
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  16. The Ant Trap: Rebuilding the Foundations of the Social Sciences.Brian Epstein - 2015 - New York, NY: Oxford University Press.
    We live in a world of crowds and corporations, artworks and artifacts, legislatures and languages, money and markets. These are all social objects — they are made, at least in part, by people and by communities. But what exactly are these things? How are they made, and what is the role of people in making them? In The Ant Trap, Brian Epstein rewrites our understanding of the nature of the social world and the foundations of the social sciences. Epstein (...)
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  17. The Rational Partisan.Brian Hedden - manuscript
    Our politics are increasingly polarised. Polarisation takes many forms. One is increasing clustering or 'ideological consistency,' whereby people hold down-the-line liberal or down-the-line conservative views on a wide range of political issues, even when those issues are orthogonal to each other. Some philosophers think that such clustering is indicative of irrationality, and so if you find yourself in one of several clusters of opinion, you should decrease your confidence that all your political beliefs are true. I argue that the reverse (...)
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  18. Reasons, Coherence, and Group Rationality.Brian Hedden - 2018 - Philosophy and Phenomenological Research 99 (3):581-604.
    Philosophy and Phenomenological Research, EarlyView.
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  19. The End of Decision Theory.Brian Weatherson - manuscript
    What question are decision theorists trying to answer, and why is it worth trying to answer it? A lot of philosophers talk as if the aim of decision theory is to describe how we should make decisions, and the reason to do this is to help us make better decisions. I disagree on both fronts. The aim of the decision theory is to describe how a certain kind of idealised decider does in fact decide. And the reason to do this (...)
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  20. On Becoming Fearful Quickly: A Reinterpretation of Aristotle's Somatic Model of Socratean Akrasia.Brian Lightbody - 2023 - Journal of Ancient Philosophy 17 (2):134-161.
    The Protagoras is the touchstone of Socrates’ moral intellectualist stance. The position in a nutshell stipulates that the proper reevaluation of a desire is enough to neutralize it.[1] The implication of this position is that akrasia or weakness of will is not the result of desire (or fear for that matter) overpowering reason but is due to ignorance. -/- Socrates’ eliminativist position on weakness of will, however, flies in the face of the common-sense experience regarding akratic action and thus Aristotle (...)
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  21. The Many-Subjects Argument against Physicalism.Brian Cutter - forthcoming - In Geoffrey Lee & Adam Pautz (eds.), The Importance of Being Conscious. Oxford University Press.
    The gist of the many-subjects argument is that, given physicalism, it’s hard to avoid the absurd result that there are many conscious subjects in your vicinity with more-or-less the same experiences as you. The most promising ways of avoiding this result have a consequence almost as bad: that there are many things in your vicinity that are in a state only trivially different from being conscious, a state with similar normative significance. This paper clarifies and defends three versions of the (...)
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  22. Brian O’Connor. (2022). El legado filosófico de Theodor W. Adorno (Trad. Leandro Sánchez Marín).O'Connor Brian & Sánchez Marín Leandro - 2022 - Revista Filosofía (UIS) 21 (2):293-303.
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  23. On statistical criteria of algorithmic fairness.Brian Hedden - 2021 - Philosophy and Public Affairs 49 (2):209-231.
    Predictive algorithms are playing an increasingly prominent role in society, being used to predict recidivism, loan repayment, job performance, and so on. With this increasing influence has come an increasing concern with the ways in which they might be unfair or biased against individuals in virtue of their race, gender, or, more generally, their group membership. Many purported criteria of algorithmic fairness concern statistical relationships between the algorithm’s predictions and the actual outcomes, for instance requiring that the rate of false (...)
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  24. Collective Virtue Epistemology and the Value of Identity Diversity.Brian Kim - 2022 - Social Epistemology 36 (4):486-501.
    Discussions of diversity tend to paint a mixed picture of the practical and epistemic value of diversity. While there are expansive and detailed accounts of the value of cognitive diversity, explorations of identity diversity typically focus on its value as a source or cause of cognitive diversity. The resulting picture on which identity diversity only possesses a derivative practical and epistemic value is unsatisfactory and fails to account for some of its central epistemic benefits. In response, I propose that collective (...)
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  25. Mixing Expert Opinion.Brian Weatherson - manuscript
    This paper contributes to the project of articulating and defending the supra-Bayesian approach to judgment aggregation. I discuss three cases where a person is disposed to defer to two different experts, and ask how they should respond when they learn about the opinion of each. The guiding principles are that this learning should go by conditionalisation, and that they should aim to update on the evidence that the expert had updated on. But this doesn’t settle how the update on pairs (...)
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  26. За игрой в карты с чертиком Визинга.Brian Rabern & Landon Rabern - 2023 - Kvant 2023 (10):2-6.
    We analyze a solitaire game in which a demon rearranges some cards after each move. The graph edge coloring theorems of K˝onig (1931) and Vizing (1964) follow from the winning strategies developed.
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  27. Racial Justice Requires Ending the War on Drugs.Brian D. Earp, Jonathan Lewis, Carl L. Hart & Walter Veit - 2021 - American Journal of Bioethics 21 (4):4-19.
    Historically, laws and policies to criminalize drug use or possession were rooted in explicit racism, and they continue to wreak havoc on certain racialized communities. We are a group of bioethicists, drug experts, legal scholars, criminal justice researchers, sociologists, psychologists, and other allied professionals who have come together in support of a policy proposal that is evidence-based and ethically recommended. We call for the immediate decriminalization of all so-called recreational drugs and, ultimately, for their timely and appropriate legal regulation. We (...)
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  28.  70
    Nonveridical biosemiotics and the Interface Theory of Perception: implications for perception-mediated selection.Brian Khumalo & Yogi Hale Hendlin - 2024 - Phenomenology and the Cognitive Sciences 23 (4):1-19.
    Recently, the relationship between evolutionary ecology and perceptual science has received renewed attention under perception-mediated selection, a mode of natural selection linking perceptual saliency, rather than veridicality, to fitness. The Interface Theory of Perception (ITP) has been especially prominent in claiming that an organism’s perceptual interface is populated by icons, which arise as a function of evolved, species-specific perceptual interfaces that produce approximations of organisms’ environments through fitness-tuned perceptions. According to perception-mediated selection, perception and behavior calibrate one another as organisms’ (...)
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  29. Multidimensional Concepts and Disparate Scale Types.Brian Hedden & Jacob M. Nebel - forthcoming - Philosophical Review.
    Multidimensional concepts are everywhere, and they are important. Examples include moral value, welfare, scientific confirmation, democracy, and biodiversity. How, if at all, can we aggregate the underlying dimensions of a multidimensional concept F to yield verdicts about which things are Fer than which overall? Social choice theory can be used to model and investigate this aggregation problem. Here, we focus on a particularly thorny problem made salient by this social choice-theoretic framework: the underlying dimensions of a given concept might be (...)
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  30. Time-Slice Rationality.Brian Hedden - 2015 - Mind 124 (494):449-491.
    I advocate Time-Slice Rationality, the thesis that the relationship between two time-slices of the same person is not importantly different, for purposes of rational evaluation, from the relationship between time-slices of distinct persons. The locus of rationality, so to speak, is the time-slice rather than the temporally extended agent. This claim is motivated by consideration of puzzle cases for personal identity over time and by a very moderate form of internalism about rationality. Time-Slice Rationality conflicts with two proposed principles of (...)
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  31. Psychophysical Harmony: A New Argument for Theism.Brian Cutter & Dustin Crummett - forthcoming - Oxford Studies in Philosophy of Religion.
    This paper develops a new argument from consciousness to theism: the argument from psychophysical harmony. Roughly, psychophysical harmony consists in the fact that phenomenal states are correlated with physical states and with one another in strikingly fortunate ways. For example, phenomenal states are correlated with behavior and functioning that is justified or rationalized by those very phenomenal states, and phenomenal states are correlated with verbal reports and judgments that are made true by those very phenomenal states. We argue that psychophysical (...)
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  32. Dimensions of Value.Brian Hedden & Daniel Muñoz - 2024 - Noûs 58 (2):291-305.
    Value pluralists believe in multiple dimensions of value. What does betterness along a dimension have to do with being better overall? Any systematic answer begins with the Strong Pareto principle: one thing is overall better than another if it is better along one dimension and at least as good along all others. We defend Strong Pareto from recent counterexamples and use our discussion to develop a novel view of dimensions of value, one which puts Strong Pareto on firmer footing. We (...)
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  33. Biko on non-white and black: improving social reality.Brian Epstein - 2018 - In George Hull (ed.), Debating African Philosophy: Perspectives on Identity, Decolonial Ethics and Comparative Philosophy. New York: Routledge. pp. 97-117.
    This paper examines Steve Biko’s distinction between black and non-white as a project in the “amelioration” of social concepts and categories. Biko himself—it has been persuasively argued by Mabogo More and Lewis Gordon—writes in the tradition of existential phenomenology. More and Gordon explore Biko’s continuity with Frantz Fanon, and in this paper I draw on their interpretations, attempting to complement and elaborate on these continuities. I also, however, attempt to show how Biko moves beyond Fanon in crucial ways, solving problems (...)
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  34. Can we do without pragmatic encroachment.Brian Weatherson - 2005 - Philosophical Perspectives 19 (1):417–443.
    I consider the problem of how to derive what an agent believes from their credence function and utility function. I argue the best solution of this problem is pragmatic, i.e. it is sensitive to the kinds of choices actually facing the agent. I further argue that this explains why our notion of justified belief appears to be pragmatic, as is argued e.g. by Fantl and McGrath. The notion of epistemic justification is not really a pragmatic notion, but it is being (...)
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  35. Experimental Philosophical Bioethics and Normative Inference.Brian D. Earp, Jonathan Lewis, Vilius Dranseika & Ivar R. Hannikainen - 2021 - Theoretical Medicine and Bioethics 42 (3-4):91-111.
    This paper explores an emerging sub-field of both empirical bioethics and experimental philosophy, which has been called “experimental philosophical bioethics” (bioxphi). As an empirical discipline, bioxphi adopts the methods of experimental moral psychology and cognitive science; it does so to make sense of the eliciting factors and underlying cognitive processes that shape people’s moral judgments, particularly about real-world matters of bioethical concern. Yet, as a normative discipline situated within the broader field of bioethics, it also aims to contribute to substantive (...)
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  36. Misleading indexicals.Brian Weatherson - 2002 - Analysis 62 (4):308–310.
    In “Now the French are invading England” (Analysis 62, 2002, pp. 34-41), Komarine Romdenh-Romluc offers a new theory of the relationship between recorded indexicals and their content. Romdenh-Romluc’s proposes that Kaplan’s basic idea, that reference is determined by applying a rule to a context, is correct, but we have to be careful about what the context is, since it is not always the context of utterance. A few well known examples illustrate this. The “here” and “now” in “I am not (...)
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  37. Attitudes and relativism.Brian Weatherson - 2008 - Philosophical Perspectives 22 (1):527-544.
    Data about attitude reports provide some of the most interesting arguments for, and against, various theses of semantic relativism. This paper is a short survey of three such arguments. First, I’ll argue (against recent work by von Fintel and Gillies) that relativists can explain the behaviour of relativistic terms in factive attitude reports. Second, I’ll argue (against Glanzberg) that looking at attitude reports suggests that relativists have a more plausible story to tell than contextualists about the division of labour between (...)
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  38. Counterfactual Decision Theory.Brian Hedden - 2023 - Mind 132 (527):730-761.
    I defend counterfactual decision theory, which says that you should evaluate an action in terms of which outcomes would likely obtain were you to perform it. Counterfactual decision theory has traditionally been subsumed under causal decision theory as a particular formulation of the latter. This is a mistake. Counterfactual decision theory is importantly different from, and superior to, causal decision theory, properly so called. Causation and counterfactuals come apart in three kinds of cases. In cases of overdetermination, an action can (...)
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  39. Repugnant Accuracy.Brian Talbot - 2019 - Noûs 53 (3):540-563.
    Accuracy‐first epistemology is an approach to formal epistemology which takes accuracy to be a measure of epistemic utility and attempts to vindicate norms of epistemic rationality by showing how conformity with them is beneficial. If accuracy‐first epistemology can actually vindicate any epistemic norms, it must adopt a plausible account of epistemic value. Any such account must avoid the epistemic version of Derek Parfit's “repugnant conclusion.” I argue that the only plausible way of doing so is to say that accurate credences (...)
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  40. Tree-ring semantics.Brian Rabern - manuscript
    Our aim here is to lay the groundwork for formal tree-ring analysis combining data from dendrochronology with formal techniques from semantics. We will present the basic syntax of, and basic compositional semantics of tree-ring structures.
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  41. The Problem of Nomological Harmony.Brian Cutter & Bradford Saad - forthcoming - Noûs.
    Our universe features a harmonious match between laws and states: applying its laws to its states generates other states. This is a striking fact. Matters might have been otherwise. The universe might have been stillborn in a state unengaged by its laws. The problem of nomological harmony is that of explaining the noted striking fact. After introducing and developing this problem, we canvass candidate solutions and identify some of their virtues and vices. Candidate solutions invoke the likes of a designer, (...)
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  42. Many many problems.Brian Weatherson - 2003 - Philosophical Quarterly 53 (213):481–501.
    Recently four different papers have suggested that the supervaluational solution to the Problem of the Many is flawed. Stephen Schiffer has argued that the theory cannot account for reports of speech involving vague singular terms. Vann McGee and Brian McLaughlin say that theory cannot, yet, account for vague singular beliefs. Neil McKinnon has argued that we cannot provide a plausible theory of when precisifications are acceptable, which the supervaluational theory needs. And Roy Sorensen argues that supervaluationism is inconsistent with (...)
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  43. Consequentialism and Collective Action.Brian Hedden - 2020 - Ethics 130 (4):530-554.
    Many consequentialists argue that you ought to do your part in collective action problems like climate change mitigation and ending factory farming because (i) all such problems are triggering cases, in which there is a threshold number of people such that the outcome will be worse if at least that many people act in a given way than if fewer do, and (ii) doing your part in a triggering case maximises expected value. I show that both (i) and (ii) are (...)
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  44. (1 other version)The Medicalization of Love.Brian D. Earp, Anders Sandberg & Julian Savulescu - 2015 - Cambridge Quarterly of Healthcare Ethics 24 (3):323-336.
    Pharmaceuticals or other emerging technologies could be used to enhance (or diminish) feelings of lust, attraction, and attachment in adult romantic partnerships. While such interventions could conceivably be used to promote individual (and couple) well-being, their widespread development and/or adoption might lead to “medicalization” of human love and heartache—for some, a source of serious concern. In this essay, we argue that the “medicalization of love” need not necessarily be problematic, on balance, but could plausibly be expected to have either good (...)
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  45. The rehabilitation of spontaneity: A new approach in philosophy of action.Brian J. Bruya - 2010 - Philosophy East and West 60 (2):pp. 207-250.
    Scholars working in philosophy of action still struggle with the freedom/determinism dichotomy that stretches back to Hellenist philosophy and the metaphysics that gave rise to it. Although that metaphysics has been repudiated in current philosophy of mind and cognitive science, the dichotomy still haunts these fields. As such, action is understood as distinct from movement, or motion. In early China, under a very different metaphysical paradigm, no such distinction is made. Instead, a notion of self-caused movement, or spontaneity, is elaborated. (...)
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  46. A puzzle about scope for restricted deontic modals.Brian Rabern & Patrick Todd - 2023 - Snippets 44:8-10.
    Deontic necessity modals (e.g. 'have to', 'ought to', 'must', 'need to', 'should', etc.) seem to vary in how they interact with negation. According to some accounts, what forces modals like 'ought' and 'should' to outscope negation is their polarity sensitivity -- modals that scope over negation do so because they are positive polarity items. But there is a conflict between this account and a widely assumed theory of if-clauses, namely the restrictor analysis. In particular, the conflict arises for constructions containing (...)
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  47. Humeans Aren’t Out of their Minds.Brian Weatherson - 2007 - Noûs 41 (3):529–535.
    Humeanism is “the thesis that the whole truth about a world like ours supervenes on the spatiotemporal distribution of local qualities.” (Lewis, 1994, 473) Since the whole truth about our world contains truths about causation, causation must be located in the mosaic of local qualities that the Humean says constitute the whole truth about the world. The most natural ways to do this involve causation being in some sense extrinsic. To take the simplest possible Humean analysis, we might say that (...)
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  48. On the Semantics of Email Addresses.Brian Rabern - manuscript
    At the turn of the century, electronic mail emerged as a core mode of communication, fundamentally transforming the way individuals and organizations interact. In this digital age, one ubiquitous representational device is the email address. Given the importance of email addresses in our lives, it is natural to ask: what do email addresses represent? And how do they represent it? Given that email addresses have a semantic interpretation, and that they have a formal syntax, it is reasonable to assume that (...)
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  49. Anchoring versus Grounding: Reply to Schaffer.Brian Epstein - 2019 - Philosophy and Phenomenological Research 99 (3):768-781.
    In his insightful and challenging paper, Jonathan Schaffer argues against a distinction I make in The Ant Trap (Epstein 2015) and related articles. I argue that in addition to the widely discussed “grounding” relation, there is a different kind of metaphysical determination I name “anchoring.” Grounding and anchoring are distinct, and both need to be a part of full explanations of how facts are metaphysically determined. Schaffer argues instead that anchoring is a species of grounding. The crux of his argument (...)
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  50. From Moral Realism to Axiarchism.Brian Cutter - 2023 - Midwest Studies in Philosophy 47:73-101.
    Moral realism faces a well known genealogical debunking challenge. I argue that the moral realist’s best response may involve abandoning metaphysical naturalism in favor of some form of axiarchism—the view, very roughly, that the natural world is “ordered to the good.” Axiarchism comes in both theistic and non-theistic forms, but all forms agree that the natural world exists and has certain basic features because it is good for it to exist and have those features. I argue that theistic and non-theistic (...)
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