Results for 'Harold Anthony Lloyd'

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  1. Balancing Freedom and Restraint: The Role of Virtue in Legal Analysis.Harold Anthony Lloyd - 2023 - Southern California Interdisciplinary Law Journal 32:315-353.
    Even if one sees the law as “a self-contained system of legal reasoning” from which we deduce “neutral,” non-political conclusions from “general principles and analogies among cases and doctrines” (including formalist claims that judges simply call “balls and strikes” like umpires in a baseball game), one should still consider certain characteristics of the party making such deductions or calling such “balls and strikes.” [Relevant citations to quoted language are in the Article.] If such decision maker has questionable motivations, lacks proper (...)
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  2. Langdell and the Eclipse of Character.Harold Anthony Lloyd - forthcoming - University of Pittsburgh Law Review.
    Christopher Columbus Langdell has not only damaged the study of law with his three follies: his legal formalism, his redacted appellate case method, and his notion that legal practice taints the professor of law. His three follies have also impaired character development critical for legal actors. This Article focuses on four such critical character traits and virtues impaired by Langdell: (i) imagination, (ii) empathy, (ii) balance, and (iv) integrity. -/- This Article also calls out potential character issues with two professor (...)
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  3. Razing Babel: Two Sonnets for Too Xenophobic Times.Harold Anthony Lloyd - 2016 - Huffington Post.
    Brief reflections in prose and verse on the vital importance of linguistic diversity.
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  4. How To Do Things With Signs: Semiotics in Legal Theory, Practice, and Education.Harold Anthony Lloyd - forthcoming - University of Richmond Law Review.
    Note: This draft was updated on November 10, 2020. Discussing federal statutes, Justice Scalia tells us that “[t]he stark reality is that the only thing that one can say for sure was agreed to by both houses and the president (on signing the bill) is the text of the statute. The rest is legal fiction." How should we take this claim? If we take "text" to mean the printed text, that text without more is just a series of marks. If (...)
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  5. Crushing Animals and Crashing Funerals: The Semiotics of Free Expression.Harold Anthony Lloyd - 2012 - First Amendment Law Review 12.
    With insights from philosophy of language and semiotics, this article addresses judicial choices and semantic errors involved in United States v. Stevens, 130 S.Ct. 1577 (2010) (refusing to read “killing” and “wounding” to include cruelty and thus striking down a federal statute outlawing videos of animal cruelty), and Snyder v. Phelps, 131 S.Ct. 1207 (2011) (finding a First Amendment right to picket military funerals and verbally attack parents of dead soldiers as part of purportedly-public expression). -/- This article maintains that (...)
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  6. Theory without practice is empty; Practice without theory is blind: The inherent inseparability of doctrine and skills.Harold Anthony Lloyd - 2017 - In Linda Holdeman Edwards (ed.), The Doctrine Skills Divide: Legal Education's Self-Inflicted Wound. Carolina Academic Press Llc. pp. 77-90.
    This article maintains that the so-called theory-practice divide in legal education is not only factually false but semantically impossible. -/- As to the divide's falsity, practitioners have of course performed excellent scholarship and academics have excelled in practice. As to the divide's semantic impossibility, this article examines, among other things: -/- (1) the essential role of experience in meaning, -/- (2) the resulting inseparability of theory and practice in the world of experience, -/- (3) problems the divide shares in common (...)
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  7. Cognitive Emotion and the Law.Harold Anthony Lloyd - 2016 - Law and Psychology Review 41.
    Many wrongly believe that emotion plays little or no role in legal reasoning. Unfortunately, Langdell and his “scientific” case method encourage this error. A careful review of analysis in the real world, however, belies this common belief. Emotion can be cognitive, and cognition can be emotional. Additionally, modern neuroscience underscores the “co-dependence” of reason and emotion. Thus, even if law were a certain science of appellate cases (which it is not), emotion could not be torn from such “science.” -/- As (...)
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  8. Law's "Way of Words:" Pragmatics and Textualist Error.Harold Anthony Lloyd - 2016 - Creighton Law Review 49.
    Lawyers and judges cannot adequately address the nature of text, meaning, or interpretation without reference to the insights provided by linguists and philosophers of language. Exploring some of those insights, this article focuses upon what linguists and philosophers of language call “pragmatics.” Pragmatics examines the relations between words and users rather than the relations of words to words (syntax) or the relations of words to the world (semantics). In other words, pragmatics studies how language users actually use and interpret words (...)
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  9. Beyond Rawls' Fiction: The Veil of Ignorance Is Real.Harold Anthony Lloyd - 2016 - Huffington Post.
    Brief thoughts on why Rawls' "fictional" veil of ignorance is in fact real and why social morals and self-interest thus converge.
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  10. Making Good Sense: Pragmatism's Mastery of Meaning, Truth, and Workable Rule of Law.Harold Anthony Lloyd - forthcoming - Wake Forest Journal of Law and Policy.
    The hermeneutic pragmatism explored in this article timely examines how “post-truth” claims over-estimate semantic freedoms while at the same time underestimating semantic and pre-semantic restraints. Such pragmatism also timely examines how formalists err by committing the reverse errors. Drawing on insights from James, Peirce, Putnam, Rorty, Gadamer, Derrida, and others, such hermeneutic pragmatism explores (1) the necessary role of both internal and objective experience in meaning, (2) the resulting instrumental nature of concepts required to deal with such experience, (3) the (...)
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  11. Speaker Meaning and the Interpretation and Construction of Executive Orders.Harold Anthony Lloyd - 2018 - Wake Forest Journal of Law and Policy 8 (2):319-361.
    This Article explores the interpretation and construction of executive orders using as examples President Trump’s two executive orders captioned “Protecting the Nation From Foreign Terrorist Entry Into the United States” (the “Two Executive Orders”). President Trump issued the Two Executive Orders in the context of (among other things) Candidate Trump’s statements such as: “Islam hates us,” and “[W]e can’t allow people coming into this country who have this hatred.” President Trump subsequently provided further context including his tweet about the second (...)
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  12. Gorsuch and Originalism: Some Lessons from Logic, Scripture, and Art.Harold Anthony Lloyd - manuscript
    Neil Gorsuch lauds judges who purport to “apply the law as it is, focusing backward, not forward, and looking to text, structure, and history to decide what a reasonable reader at the time of the events in question would have understood the law to be . . . .” It’s hard to see how such a form of Originalism withstands scrutiny. -/- First, using “reasonable reader” understandings rather than speaker meaning turns language and law on their heads. Audiences effectively become (...)
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  13. Good Legal Thought: What Wordsworth Can Teach Langdell About Forms, Frames, Choices, and Aims.Harold Anthony Lloyd - 2016 - Vermont Law Review 41 (1):1-22.
    Langdellian “science” and its “formalism” ignore ways form permits and even creates freedom of choice. For example, as Wordsworth notes, though the weaver is restricted by what his form of loom can weave, the weaver may nonetheless choose what and how he weaves. Furthermore, the loom creates weaving possibilities that do not exist without it. Such freedom alongside form is often lost on lawyers, judges, and teachers trained primarily in Langdellian redacted appellate cases where “facts” and other framed matters often (...)
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  14. Law as Trope: Framing and Evaluating Conceptual Metaphors.Lloyd Harold Anthony - 2016 - Pace Law Review 37.
    Like others who work with language, many lawyers no doubt appreciate good kennings. However, metaphors also play a much deeper role in thought and law than style, ornament, or verbal virtuosity. As we shall see, metaphors play a necessary role in our categories of thought. As a result, metaphors are a necessary part of thought itself, including legal thought.
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  15. Justice Scalia and Queen Anne.Harold Anthony Lloyd - 2015 - Huffington Post.
    This article explores problems with several definitions of Originalism proposed by Justice Scalia in "Reading Law: The Interpretation of Legal Texts." It begins by looking at Justice Scalia's citation of a possible statement by Queen Anne that Justice Scalia claims in itself justifies Originalism. Queen Anne may have told Sir Christopher Wren that St. Paul's Cathedral was "awful, artificial, and amusing" at a time when those words meant "awe-inspiring, highly artistic, and thought-provoking." Conceding that one must understand how Queen Anne (...)
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  16. Narrative in Law and Life: Some Frequently Asked Questions.Harold Anthony Lloyd - 2015 - Second Draft 28.
    This article briefly addresses the following questions: Why should we study narrative? Does narrative have a basic overarching form or forms? How does framing drive narrative? How do concepts drive narrative? What can we do when we lack the necessary concepts for the narrative we need to tell? Are there basic storylines that repeat? Are there basic character types that we reuse? Can narrative drive the results of a Supreme Court case? Can narrative drive transactional practice? How does narrative's importance (...)
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  17. Let’s Skill All the Lawyers: Shakespearean Lessons on the Nature of Law.Harold Lloyd - 2010 - Vera Lex 11 (1/2):38-80.
    Shakespeare's works present intriguing explorations of law and legal theory. They help demonstrate the flaws in command-theory positivism, natural law theory and prediction theory accounts of the law. This is a simultaneously-published abbreviated version of a longer article published in Acta Iuridica Olomucensia in 2010.
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  18. Non-branching Clause.Huiyuhl Yi - 2010 - Metaphysica 11 (2):191-210.
    The central claim of the Parfitian psychological approach to personal identity is that the fact about personal identity is underpinned by a non-branching psychological continuity relation. Hence, for the advocates of the Parfitian view, it is important to understand what it is for a relation to take or not take a branching form. Nonetheless, very few attempts have been made in the literature of personal identity to define the non-branching clause. This paper undertakes this task. Drawing upon a recent debate (...)
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  19.  51
    Better than what?: embryo selection, gene editing, and evaluative counterfactuals.Harry R. Lloyd - 2024 - American Journal of Bioethics 24 (8):55-57.
    Commentary in reply to an article by Jeff McMahan and Julian Savulescu.
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  20. (1 other version)Leibniz encounters Maimonides.Lloyd Strickland - 2022 - In R. Moses Ben Maimon, Gottfried Wilhelm Leibniz, Walter Hilliger & Lloyd Strickland (eds.), Leibniz' Anthology of Maimonides' Guide. New York: Shehakol Inc.. pp. 6-13.
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  21. Why Did Leibniz Invent Binary?Lloyd Strickland - 2023 - In Wenchao Li, Charlotte Wahl, Sven Erdner, Bianca Carina Schwarze & Yue Dan (eds.), »Le present est plein de l’avenir, et chargé du passé«. Gottfried-Wilhelm-Leibniz-Gesellschaft e.V.. pp. 354-360.
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  22. On Resisting Art.James Harold - 2023 - Journal of Aesthetics and Art Criticism 81 (1):35-45.
    What responsibilities do audiences have in engaging with artworks? Certain audience responses seem quite clear: for example, audiences should not vandalize or destroy artworks; they should not disrupt performances. This paper examines other kinds of resisting responses that audiences sometimes engage in, including petitioning the artist to change their works, altering copies of artworks, and creating new artworks in another artist’s fictional world. I argue for five claims: (1) while these actions can sometimes infringe on the rights of artists, the (...)
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  23. In the Beginning Was Binary.Lloyd Strickland - 2022 - Church Times 8322.
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  24. Logicism and the ontological commitments of arithmetic.Harold T. Hodes - 1984 - Journal of Philosophy 81 (3):123-149.
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  25. Axioms for actuality.Harold T. Hodes - 1984 - Journal of Philosophical Logic 13 (1):27 - 34.
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  26. Hermias: On Plato's Phaedrus.Harold A. S. Tarrant & Dirk Baltzly - 2017 - In Harold Tarrant, Danielle A. Layne, Dirk Baltzly & François Renaud (eds.), Brill’s Companion to the Reception of Plato in Antiquity. Leiden: Brill.
    This article tackles the sole surviving ancient commentary on what was perhaps the second most important Platonic work, with special interest for the manner in which the ancients tackled the setting of Plato's dialogues, Socratic ignorance, Socratic eros, the central myth-like Palinode, and the question of oral as against written teaching.
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  27. Review of Anthony Appiah, Experiments in Ethics[REVIEW]Anthony Skelton - 2008 - Globe and Mail.
    A review of Anthony Appiah's Experiments in Ethics.
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  28. Audiences’ Role in Generating Moral Understanding: Screen Stories as Sites for Interpretative Communities.James Harold - 2023 - In Carl Plantinga (ed.), Screen Stories and Moral Understanding: Interdisciplinary Perspectives. New York, New York: Oxford University Press. pp. 197-211.
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  29. Confirmation and Robustness of Climate Models.Elisabeth A. Lloyd - 2010 - Philosophy of Science 77 (5):971–984.
    Recent philosophical attention to climate models has highlighted their weaknesses and uncertainties. Here I address the ways that models gain support through observational data. I review examples of model fit, variety of evidence, and independent support for aspects of the models, contrasting my analysis with that of other philosophers. I also investigate model robustness, which often emerges when comparing climate models simulating the same time period or set of conditions. Starting from Michael Weisberg’s analysis of robustness, I conclude that his (...)
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  30. Classifying Psychopathology: Mental Kinds and Natural Kinds.Harold Kincaid & Jacqueline Anne Sullivan - 2014 - In Harold Kincaid & Jacqueline Anne Sullivan (eds.), Classifying Psychopathology: Mental Kinds and Natural Kinds. MIT Press. pp. 1-10.
    In this volume, leading philosophers of psychiatry examine psychiatric classification systems, including the Diagnostic and Statistical Manual of Mental Disorders, asking whether current systems are sufficient for effective diagnosis, treatment, and research. Doing so, they take up the question of whether mental disorders are natural kinds, grounded in something in the outside world. Psychiatric categories based on natural kinds should group phenomena in such a way that they are subject to the same type of causal explanations and respond similarly to (...)
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  31. Leibniz on Number Systems.Lloyd Strickland - 2024 - In Bharath Sriraman (ed.), Handbook of the History and Philosophy of Mathematical Practice. Springer. pp. 167-197.
    This chapter examines the pioneering work of Gottfried Wilhelm Leibniz (1646-1716) on various number systems, in particular binary, which he independently invented in the mid-to-late 1670s, and hexadecimal, which he invented in 1679. The chapter begins with the oft-debated question of who may have influenced Leibniz’s invention of binary, though as none of the proposed candidates is plausible I suggest a different hypothesis, that Leibniz initially developed binary notation as a tool to assist his investigations in mathematical problems that were (...)
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  32. The property rights approach to moral uncertainty.Harry R. Lloyd - manuscript
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  33. Moral Status, Luck, and Modal Capacities: Debating Shelly Kagan.Harry R. Lloyd - 2021 - Journal of Applied Philosophy 38 (2):273-287.
    Shelly Kagan has recently defended the view that it is morally worse for a human being to suffer some harm than it is for a lower animal (such as a dog or a cow) to suffer a harm that is equally severe (ceteris paribus). In this paper, I argue that this view receives rather less support from our intuitions than one might at first suppose. According to Kagan, moreover, an individual’s moral status depends partly upon her ‘modal capacities.’ In this (...)
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  34. One-step Modal Logics, Intuitionistic and Classical, Part 1.Harold T. Hodes - 2021 - Journal of Philosophical Logic 50 (5):837-872.
    This paper and its sequel “look under the hood” of the usual sorts of proof-theoretic systems for certain well-known intuitionistic and classical propositional modal logics. Section 1 is preliminary. Of most importance: a marked formula will be the result of prefixing a formula in a propositional modal language with a step-marker, for this paper either 0 or 1. Think of 1 as indicating the taking of “one step away from 0.” Deductions will be constructed using marked formulas. Section 2 presents (...)
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  35. Why the Gene will not return.Elisabeth A. Lloyd - 2005 - Philosophy of Science 72 (2):287-310.
    I argue that four of the fundamental claims of those calling themselves `genic pluralists'Philip Kitcher, Kim Sterelny, and Ken Watersare defective. First, they claim that once genic selectionism is recognized, the units of selection problems will be dissolved. Second, Sterelny and Kitcher claim that there are no targets of selection. Third, Sterelny, Kitcher, and Waters claim that they have a concept of genic causation that allows them to give independent genic causal accounts of all selection processes. I argue that each (...)
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  36. Model robustness as a confirmatory virtue: The case of climate science.Elisabeth A. Lloyd - 2015 - Studies in History and Philosophy of Science Part A 49:58-68.
    I propose a distinct type of robustness, which I suggest can support a confirmatory role in scientific reasoning, contrary to the usual philosophical claims. In model robustness, repeated production of the empirically successful model prediction or retrodiction against a background of independentlysupported and varying model constructions, within a group of models containing a shared causal factor, may suggest how confident we can be in the causal factor and predictions/retrodictions, especially once supported by a variety of evidence framework. I present climate (...)
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  37. Adaptationism and the Logic of Research Questions: How to Think Clearly About Evolutionary Causes.Elisabeth A. Lloyd - 2015 - Biological Theory 10 (4):DOI: 10.1007/s13752-015-0214-2.
    This article discusses various dangers that accompany the supposedly benign methods in behavioral evoltutionary biology and evolutionary psychology that fall under the framework of "methodological adaptationism." A "Logic of Research Questions" is proposed that aids in clarifying the reasoning problems that arise due to the framework under critique. The live, and widely practiced, " evolutionary factors" framework is offered as the key comparison and alternative. The article goes beyond the traditional critique of Stephen Jay Gould and Richard C. Lewontin, to (...)
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  38. Leibniz on Binary: The Invention of Computer Arithmetic.Lloyd Strickland & Harry R. Lewis - 2022 - Cambridge, MA, USA: The MIT Press.
    The first collection of Leibniz's key writings on the binary system, newly translated, with many previously unpublished in any language. -/- The polymath Gottfried Wilhelm Leibniz (1646–1716) is known for his independent invention of the calculus in 1675. Another major—although less studied—mathematical contribution by Leibniz is his invention of binary arithmetic, the representational basis for today's digital computing. This book offers the first collection of Leibniz's most important writings on the binary system, all newly translated by the authors with many (...)
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  39. Leibniz Reinterpreted.Lloyd Strickland - 2006 - London, UK: Continuum.
    Leibniz Reinterpreted tackles head on the central idea in Leibniz's philosophy, namely that we live in the best of all possible worlds. Strickland argues that Leibniz's theory has been consistently misunderstood by previous commentators. In the process Strickland provides both an elucidation and reinterpretation of a number of concepts central to Leibniz's work, such as 'richness', 'simplicity', 'harmony' and 'incompossibility', and shows where previous attempts to explain these concepts have failed. This clear and concise study is tightly focussed and assumes (...)
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  40. Leibniz's Monadology: A New Translation and Guide.Lloyd Strickland - 2014 - Edinburgh, UK: Edinburgh University Press.
    A fresh translation and in-depth commentary of Leibniz's seminal text, the Monadology. -/- Written in 1714, the Monadology is widely considered to be the classic statement of Leibniz's mature philosophy. In the space of 90 numbered paragraphs, totalling little more than 6000 words, Leibniz outlines - and argues for - the core features of his philosophical system. Although rightly regarded as a masterpiece, it is also a very condensed work that generations of students have struggled to understand. -/- Lloyd (...)
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  41. Aesthetic Commitments and Aesthetic Obligations.Anthony Cross - 2022 - Ergo: An Open Access Journal of Philosophy 8 (38):402-422.
    Resolving to finish reading a novel, staying true to your punk style, or dedicating your life to an artistic project: these are examples of aesthetic commitments. I develop an account of the nature of such commitments, and I argue that they are significant insofar as they help us manage the temporally extended nature of our aesthetic agency and our relationships with aesthetic objects. At the same time, focusing on aesthetic commitments can give us a better grasp on the nature of (...)
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  42. God's problem of multiple choice.Lloyd Strickland - 2006 - Religious Studies 42 (2):141-157.
    A question that has been largely overlooked by philosophers of religion is how God would be able to effect a rational choice between two worlds of unsurpassable goodness. To answer this question, I draw a parallel with the paradigm cases of indifferent choice, including Buridan's ass, and argue that such cases can be satisfactorily resolved provided that the protagonists employ what Otto Neurath calls an ‘auxiliary motive’. I supply rational grounds for the employment of such a motive, and then argue (...)
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  43. How Leibniz tried to tell the world he had squared the circle.Lloyd Strickland - 2023 - Historia Mathematica 62:19-39.
    In 1682, Leibniz published an essay containing his solution to the classic problem of squaring the circle: the alternating converg-ing series that now bears his name. Yet his attempts to disseminate his quadrature results began seven years earlier and included four distinct approaches: the conventional (journal article), the grand (treatise), the impostrous (pseudepigraphia), and the extravagant (medals). This paper examines Leibniz’s various attempts to disseminate his series formula. By examining oft-ignored writings, as well as unpublished manuscripts, this paper answers the (...)
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  44. Racism and Eurocentrism in Histories of Philosophy.Lloyd Strickland & Jia Wang - 2023 - Open Journal of Philosophy 13 (1):76-96.
    This paper examines the fortunes of non-European philosophies in histories of philosophy written by European and American philosophers from the 17th century to the present day. It charts the shift from inclusive histories of philosophy, which included non-European philosophies, to exclusive histories of philosophy, which excluded and/or marginalized non-European philosophies, at the end of the 18th century. This shift was motivated by racial Eurocentrism, which cast a long shadow over histories of philosophy written during the 19th and 20th centuries. The (...)
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  45. The reception of the Theodicy in England.Lloyd Strickland - 2016 - In Wenchao Li (ed.), Leibniz, Caroline und die Folgen der englischen Sukzession. Franz Steiner Verlag. pp. 69-91.
    Leibniz wished that his Theodicy (1710) would have as great and as wide an impact as possible, and to further this end we find him in his correspondence with Caroline often expressing his desire that the book be translated into English. Despite his wishes, and Caroline’s efforts, this was not to happen in his lifetime (indeed, it did not happen until 1951, almost 250 years after Leibniz’s death). But even though the Theodicy did not make quite the impact in England (...)
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  46. On the Ancient Idea that Music Shapes Character.James Harold - 2016 - Dao: A Journal of Comparative Philosophy 15 (3):341-354.
    Ancient Chinese and Greek thinkers alike were preoccupied with the moral value of music; they distinguished between good and bad music by looking at the music’s effect on moral character. The idea can be understood in terms of two closely related questions. Does music have the power to affect the ethical character of either listener or performer? If it does, is it better as music for doing so? I argue that an affirmative answers to both questions are more plausible than (...)
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  47. Leibniz's Tactile Binary Clock.Lloyd Strickland - 2023 - L.I.S.A. Wissenschaftsportal Gerdal Henkel Stiftung.
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  48. Gentrification: a philosophical analysis and critique.Harry R. Lloyd - forthcoming - Journal of Urban Affairs.
    Philosophical discussions of gentrification have tended to focus on residential displacement. However, the prevalence of residential displacement is fiercely contested, with many urban geographers regarding it as quite uncommon. This lends some urgency to the underexplored question of how one should evaluate other forms of gentrification. In this paper, I argue that one of the most important harms suffered by victims of displacement gentrification is loss of access to the goods conferred by membership in a thriving local community. Leveraging the (...)
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  49. Evolutionary Psychology: The Burdens of Proof.Elisabeth A. Lloyd - 1999 - Biology and Philosophy 14 (2):211-233.
    I discuss two types of evidential problems with the most widely touted experiments in evolutionary psychology, those performed by Leda Cosmides and interpreted by Cosmides and John Tooby. First, and despite Cosmides and Tooby's claims to the contrary, these experiments don't fulfil the standards of evidence of evolutionary biology. Second Cosmides and Tooby claim to have performed a crucial experiment, and to have eliminated rival approaches. Though they claim that their results are consistent with their theory but contradictory to the (...)
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  50. The Nineteenth Century Reception of Leibniz’s Examination of the Christian Religion.Lloyd Strickland - 2020 - Studia Leibnitiana 52 (1-2):42-79.
    Leibniz’s lengthy theological treatise, Examen religionis christianae, has long puzzled scholars. Although a lifelong Lutheran who spurned many attempts to convert him to Catholicism, in the Examen Leibniz defends the Catholic position on a range of matters of controversy, from justification of the sinner to transubstantiation, from veneration of images to communion under both kinds. Inevitably, when finally published in 1819, the Examen quickly became the focus of a heated and sometimes ill-tempered debate about Leibniz’s true religious commitments. For many, (...)
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