Results for 'Harold Anthony Lloyd'

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  1. 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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  2. 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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  3. 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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  4. 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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  5. 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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  6. 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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  7. 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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  8. 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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  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. 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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  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. 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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  15. 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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  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. 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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  21. 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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  22. Stability, Autonomy, and the Foundations of Political Liberalism.Anthony Taylor - 2022 - Law and Philosophy (5):1-28.
    An attractive form of social stability is realized when the members of a well-ordered society give that society’s organizing principles their free and reflective endorsement. However, many political philosophers are skeptical that there is any requirement to show that their principles would engender this kind of stability. This skepticism is at the root of a number of objections to political liberalism, since arguments for political liberalism often appeal to its ability to be stable in this way. The aim of this (...)
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  23. The property rights approach to moral uncertainty.Harry R. Lloyd - manuscript
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  24. Leibniz's Tactile Binary Clock.Lloyd Strickland - 2023 - L.I.S.A. Wissenschaftsportal Gerdal Henkel Stiftung.
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  25. 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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  26. 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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  27. An Unpublished Manuscript of Leibniz's on Duodecimal.Lloyd Strickland - 2022 - The Duodecimal Bulletin 1 (54z):26z-30z.
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  28. Objectivity and the double standard for feminist epistemologies.Elisabeth A. Lloyd - 1995 - Synthese 104 (3):351 - 381.
    The emphasis on the limitations of objectivity, in specific guises and networks, has been a continuing theme of contemporary analytic philosophy for the past few decades. The popular sport of baiting feminist philosophers — into pointing to what's left out of objective knowledge, or into describing what methods, exactly, they would offer to replace the powerful objective methods grounding scientific knowledge — embodies a blatant double standard which has the effect of constantly putting feminist epistemologists on the defensive, on the (...)
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  29. Feyerabend, mill, and pluralism.Elisabeth A. Lloyd - 1997 - Philosophy of Science 64 (4):407.
    I suggest following Paul Feyerabend's own advice, and interpreting Feyerabend's work in light of the principles laid out by John Stuart Mill. A review of Mill's essay, On Liberty, emphasizes the importance Mill placed on open and critical discussion for the vitality and progress of various aspects of human life, including the pursuit of scientific knowledge. Many of Feyerabend's more unusual stances, I suggest, are best interpreted as attempts to play certain roles--especially the role of "defender of unpopular minority opinion"--that (...)
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  30. A semantic approach to the structure of population genetics.Elisabeth A. Lloyd - 1984 - Philosophy of Science 51 (2):242-264.
    A precise formulation of the structure of modern evolutionary theory has proved elusive. In this paper, I introduce and develop a formal approach to the structure of population genetics, evolutionary theory's most developed sub-theory. Under the semantic approach, used as a framework in this paper, presenting a theory consists in presenting a related family of models. I offer general guidelines and examples for the classification of population genetics models; the defining features of the models are taken to be their state (...)
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  31. The Nature of Darwin’s Support for the Theory of Natural Selection.Elisabeth A. Lloyd - 1983 - Philosophy of Science 50 (1):112-129.
    When natural selection theory was presented, much active philosophical debate, in which Darwin himself participated, centered on its hypothetical nature, its explanatory power, and Darwin's methodology. Upon first examination, Darwin's support of his theory seems to consist of a set of claims pertaining to various aspects of explanatory success. I analyze the support of his method and theory given in the Origin of Species and private correspondence, and conclude that an interpretation focusing on the explanatory strengths of natural selection theory (...)
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  32. The "Monadology".Lloyd Strickland - 2020 - In Paul Lodge & Lloyd Strickland (eds.), Leibniz's Key Philosophical Writings: A Guide. Oxford, UK: Oxford University Press. pp. 206-227.
    Written in 1714, the “Monadology” is widely regarded as a classic statement of much of Leibniz’s mature philosophical system. In just 90 numbered paragraphs, Leibniz outlines—and argues for—the core features of his system, starting with his famous doctrine of monads (simple substances) and ending with the uplifting claim that God is concerned not only for the world as a whole but for the welfare of the virtuous in particular. This chapter begins by considering the circumstances of composition of the “Monadology” (...)
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  33. Reflections on Putnam, Wright and brains in vats.Harold W. Noonan - 1998 - Analysis 58 (1):59-62.
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  34. 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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  35. The anachronistic anarchist.Elisabeth A. Lloyd - 1996 - Philosophical Studies 81 (2-3):247 - 261.
    A reading of Feyerabend in Against Method, and a comparison of C.S. Peirce.
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  36. 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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  37. A Functional Naturalism.Anthony Nguyen - 2021 - Synthese 198 (1):295-313.
    I provide two arguments against value-free naturalism. Both are based on considerations concerning biological teleology. Value-free naturalism is the thesis that both (1) everything is, at least in principle, under the purview of the sciences and (2) all scientific facts are purely non-evaluative. First, I advance a counterexample to any analysis on which natural selection is necessary to biological teleology. This should concern the value-free naturalist, since most value-free analyses of biological teleology appeal to natural selection. My counterexample is unique (...)
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  38. Overriding Adolescent Refusals of Treatment.Anthony Skelton, Lisa Forsberg & Isra Black - 2021 - Journal of Ethics and Social Philosophy 20 (3):221-247.
    Adolescents are routinely treated differently to adults, even when they possess similar capacities. In this article, we explore the justification for one case of differential treatment of adolescents. We attempt to make philosophical sense of the concurrent consents doctrine in law: adolescents found to have decision-making capacity have the power to consent to—and thereby, all else being equal, permit—their own medical treatment, but they lack the power always to refuse treatment and so render it impermissible. Other parties, that is, individuals (...)
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  39. Memorium for Stephen Jay Gould.Elisabeth A. Lloyd - 2002 - Biology and Philosophy 17 (3):303-304.
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  40. Confirmation of ecological and evolutionary models.Elisabeth A. Lloyd - 1987 - Biology and Philosophy 2 (3):277-293.
    In this paper I distinguish various ways in which empirical claims about evolutionary and ecological models can be supported by data. I describe three basic factors bearing on confirmation of empirical claims: fit of the model to data; independent testing of various aspects of the model, and variety of evident. A brief description of the kinds of confirmation is followed by examples of each kind, drawn from a range of evolutionary and ecological theories. I conclude that the greater complexity and (...)
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  41. Pre-Theoretical Assumptions in Evolutionary Explanations of female sexuality.Elisabeth A. Lloyd - 1993 - Philosophical Studies 69 (2-3):139-153.
    My contribution to this Symposium focuses on the links between sexuality and reproduction from the evolutionary point of view.' The relation between women's sexuality and reproduction is particularly importantb ecause of a vital intersectionb etweenp olitics and biology feminists have noticed, for more than a century, that women's identity is often defined in terms of her reproductive capacity. More recently, in the second wave of the feminist movement in the United States, debates about women'si dentityh ave explicitlyi ncludeds exuality;m uch (...)
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  42. Evolutionary psychology: A view from evolutionary biology.Elisabeth A. Lloyd & Marcus Feldman - 2002 - Psychological Inquiry 13 (2).
    Given the recent explosion of interest in applications of evolutionary biology to understanding human psychology, we think it timely to assure better understanding of modern evolutionary theory among the psychologists who might be using it. We find it necessary to do so because of the very reducd version of evolutionary theorizing that has been incorporated into much of evolutionary psychology so far. Our aim here is to clarify why the use of a reduced version of evolutionary genetics will lead to (...)
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  43. A structural approach to defining units of selection.Elisabeth A. Lloyd - 1989 - Philosophy of Science 56 (3):395-418.
    The conflation of two fundamentally distinct issues has generated serious confusion in the philosophical and biological literature concerning the units of selection. The question of how a unit of selection of defined, theoretically, is rarely distinguished from the question of how to determine the empirical accuracy of claims--either specific or general--concerning which unit(s) is undergoing selection processes. In this paper, I begin by refining a definition of the unit of selection, first presented in the philosophical literature by William Wimsatt, which (...)
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  44. 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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  45. Review of "Positive atheism" by Charles Devellennes. [REVIEW]Lloyd Strickland - 2022 - Eighteenth-Century Studies 55:413-415.
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  46. Review of "African Philosophy: Emancipation and Practice" by Pascah Mungwini. [REVIEW]Lloyd Strickland - 2023 - Intellectus 1 (2):159-161.
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  47.  24
    Ambedkar's Critique of Sacred Testimonies and Liberatory Practices.Baiju P. Anthony - 2024 - Epistemic Injustice and Violence: Exploring Knowledge, Power and Participation in Philosophy and Beyond.
    The article recalls Dr. B. R. Ambedkar's critique of sacred narratives and liberatory practices to let the reader to get a taste of how philosophy can play out on the political level in the society.
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  48. Kanzi, evolution, and language.Elisabeth A. Lloyd - 2004 - Biology and Philosophy 19 (4):577-88.
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  49. The Philosophy of Sophie, Electress of Hanover.Lloyd Strickland - 2009 - Hypatia 24 (2):186 - 204.
    In philosophical circles, Electress Sophie of Hanover (1630-1714) is known mainly as the friend, patron, and correspondent of Leibniz. While many scholars acknowledge Sophie's interest in philosophy, some also claim that Sophie dabbled in philosophy herself, but did not do so either seriously or competently. In this paper I show that such a view is incorrect, and that Sophie did make interesting philosophical contributions of her own, principally concerning the nature of mind and thought.
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  50. Objectivity and a comparison of methodological scenario approaches for climate change research.Elisabeth A. Lloyd & Vanessa J. Schweizer - 2014 - Synthese 191 (10):2049-2088.
    Climate change assessments rely upon scenarios of socioeconomic developments to conceptualize alternative outcomes for global greenhouse gas emissions. These are used in conjunction with climate models to make projections of future climate. Specifically, the estimations of greenhouse gas emissions based on socioeconomic scenarios constrain climate models in their outcomes of temperatures, precipitation, etc. Traditionally, the fundamental logic of the socioeconomic scenarios—that is, the logic that makes them plausible—is developed and prioritized using methods that are very subjective. This introduces a fundamental (...)
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