Results for 'Kenneth Masong'

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  1. Metaphor, Poiesis and Hermeneutical Ontology: Paul Ricoeur and the Turn to Language.Kenneth Masong - 2012 - Pan Pacific Journal of Philosophy, Education and Management 1 (1).
    Reacting against the turn to transcendence that heavily characterized the medieval worldview, the modern worldview is fundamentally exemplified by a threefold turn to immanence, consisting of a subjective turn, a linguistic turn and an experiential turn. Language plays a pivotal role here since it mediates between the subjective and the experiential. Ricoeur’s treatment of metaphor, significantly laid out in his The Rule of Metaphor, is crucial in bringing about this linguistic turn that mediates the subject and its experience of the (...)
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  2. Iris Murdoch’s The Bell: Tragedy, Love, and Religion.Kenneth Masong - 2008 - Kritike 2 (1):11-30.
    The novel begins as follows:"Dora Greenfield left her husband because she was afraid of him. She decided six months later to return to him for the same reason. The absent Paul, haunting her with letters and telephone bells and imagined footsteps on the stairs had begun to be the greater torment. Dora suffered from guilt, and with guilt came fear. She decided at last that the persecution of his presence was to be preferred to the persecution of his absence."Murdoch's novel (...)
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  3. Recuperating the Concept of Event in the Early Whitehead.Kenneth Masong - 2014 - Hapág A Journal of Interdisciplinary Theological Research 2 (11):31-46.
    The article recovers the earlier meaning of event as found in Alfred North Whitehead’s works, Principles of Natural Knowledge and Concept of Nature. In the early Whitehead, the event is considered as the metaphysical ultimate; such that events are the metaphysical building blocks in order to account for the temporal and spatial extensiveness of reality. The recuperation of the pre-PR concept of event is expressive of a dynamic of extending over, or passing into, of one event to another. This dynamic (...)
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  4. Thinking Things Twice.Kenneth Masong - 2014 - Hapág: A Journal of Interdisciplinary Theological Research 2 (11):5-12.
    For one to simply think, philosophy as a rational investigation of truths and principles of knowledge, being, and conduct, that is, philosophy as a "science," is not required. For thinking, what requisite is a reason, a human endowment constitutive of one's intelligence. One only needs a mind to be able to think. But something more is exigent for one to think twice, is to think again, to reconsider and see something from a different perspective. To think things twice, one needs (...)
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  5. Becoming-Religion: Re-/thinking Religion with AN Whitehead and Keiji Nishitani.Kenneth Masong - 2013 - Budhi: A Journal of Ideas and Culture 17 (2):1-26.
    For Whitehead and Nishitani, a rethinking of religion necessitates a rethinking of the metaphysics that underlie one’s concept of religion. The dynamism of religion is unveiled only within the metaphysical grounding of an ontology that accommodates the philosophical preference of “becoming” as an ultimate category of reality. The novelty of Whitehead’s theory of religion lies in the process metaphysics that it presupposes. For him, religion, like the whole of reality, is inherently developing and evolving. What Nishitani offers is a rethinking (...)
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  6. Book Review of Unlocking the Church's Best Kept Secret. [REVIEW]Kenneth Masong - 2013 - Tambara: A Multidisciplinary Journal 30 (1):91-95.
    The peculiarity of any social teaching, Catholic, Protestant or otherwise, is that it is an unsteady marriage between the dogmatically permanent beliefs and the perennially changing historical contexts. Any authentic and relevant social teaching needs to mirror a two-fold fidelity: Faithfulness to the universal truths to which the social teaching is a reflection, and loyalty to the historical contexts to which the social teaching is inextricably embedded. The merit of Cartagenas’s book Unlocking the church’s best kept secret is that it (...)
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  7. The Best Way to Live. [REVIEW]Kenneth Masong & Jesus Principe - 2005 - Hapág: A Journal of Interdisciplinary Theological Research 2:121-132.
    Goethe once wisely remarked, in conversation with J.P. Eckermann (1825), “[a] great deal may be done by severity, more by love, but most by clear discernment and impartial justice.” Grayling’s new contribution to the popularization of philosophy, in this respect with regard to ethics, has achieved much by way of lowering to the rank and file, the wisdom of philosophical reflections in this moving, straightforward and lucidly argumentative book. However, much space in the severity and passion of the text leaves (...)
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  8. Wronging by Requesting.N. G. Laskowski & Kenneth Silver - 2022 - In Mark C. Timmons (ed.), Oxford Studies in Normative Ethics, Volume 11.
    Upon doing something generous for someone with whom you are close, some kind of reciprocity may be appropriate. But it often seems wrong to actually request reciprocity. This chapter explores the wrongness in making these requests, and why they can nevertheless appear appropriate. After considering several explanations for the wrongness at issue (involving, e.g. distinguishing oughts from obligation, the suberogatory, imperfect duties, and gift-giving norms), a novel proposal is advanced. The requests are disrespectful; they express that their agent insufficiently trusts (...)
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  9. Environmental Cosmology.Kenneth D. McRitchie - 2004 - Toronto: Cognizance Books.
    In answer to the question "why is there something rather than nothing?" this book is not like the cosmological theory you learned in school. It is not that there was a big bang in the beginning that resulted in every property from nothing. Rather, the question is examined as experience and phenomena. The "something" means the properties of the things and places that come to our conscious awareness of what it is like for each of us to observe something from (...)
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  10. Cow Care in Hindu Animal Ethics.Kenneth R. Valpey - 2019 - Springer Verlag.
    This Open Access book provides both a broad perspective and a focused examination of cow care as a subject of widespread ethical concern in India, and increasingly in other parts of the world. In the face of what has persisted as a highly charged political issue over cow protection in India, intellectual space must be made to bring the wealth of Indian traditional ethical discourse to bear on the realities of current human-animal relationships, particularly those of humans with cows. Dharma, (...)
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  11. Group Action Without Group Minds.Kenneth Silver - 2022 - Philosophy and Phenomenological Research 104 (2):321-342.
    Groups behave in a variety of ways. To show that this behavior amounts to action, it would be best to fit it into a general account of action. However, nearly every account from the philosophy of action requires the agent to have mental states such as beliefs, desires, and intentions. Unfortunately, theorists are divided over whether groups can instantiate these states—typically depending on whether or not they are willing to accept functionalism about the mind. But we can avoid this debate. (...)
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  12. The (multiple) realization of psychological and other properties in the sciences.Kenneth Aizawa & Carl Gillett - 2009 - Mind and Language 24 (2):181-208.
    Abstract: There has recently been controversy over the existence of 'multiple realization' in addition to some confusion between different conceptions of its nature. To resolve these problems, we focus on concrete examples from the sciences to provide precise accounts of the scientific concepts of 'realization' and 'multiple realization' that have played key roles in recent debates in the philosophy of science and philosophy of psychology. We illustrate the advantages of our view over a prominent rival account ( Shapiro, 2000 and (...)
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  13. Handbook of Computational Economics, Volume 2: Agent-Based Computational Economics.Leigh Tesfatsion & Kenneth L. Judd (eds.) - 2006 - Amsterdam, The Netherlands: Elsevier.
    The explosive growth in computational power over the past several decades offers new tools and opportunities for economists. This handbook volume surveys recent research on Agent-based Computational Economics (ACE), the computational study of economic processes modeled as open-ended dynamic systems of interacting agents. Empirical referents for “agents” in ACE models can range from individuals or social groups with learning capabilities to physical world features with no cognitive function. Topics covered include: learning; empirical validation; network economics; social dynamics; financial markets; innovation (...)
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  14. Virtual Consumption, Sustainability & Human Well-Being.Kenneth R. Pike & C. Tyler Desroches - 2020 - Environmental Values 29 (3):361-378.
    There is widespread consensus that present patterns of consumption could lead to the permanent impossibility of maintaining those patterns and, perhaps, the existence of the human race. While many patterns of consumption qualify as ‘sustainable’ there is one in particular that deserves greater attention: virtual consumption. We argue that virtual consumption — the experience of authentic consumptive experiences replicated by alternative means — has the potential to reduce the deleterious consequences of real consumption by redirecting some consumptive behavior from shifting (...)
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  15. Levels, individual variation and massive multiple realization in neurobiology.Kenneth Aizawa & Carl Gillett - 2009 - In John Bickle (ed.), The Oxford handbook of philosophy and neuroscience. New York: Oxford University Press. pp. 539--582.
    Biologists seems to hold two fundamental beliefs: Organisms are organized into levels and the individuals at these levels differ in their properties. Together these suggest that there will be massive multiple realization, i.e. that many human psychological properties are multiply realized at many neurobiological levels. This paper provides some documentation in support of this suggestion.
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  16. Emergence within social systems.Kenneth Silver - 2021 - Synthese 199 (3-4):7865-7887.
    Emergence is typically discussed in the context of mental properties or the properties of the natural sciences, and accounts of emergence within these contexts tend to look a certain way. The emergent property is taken to emerge instantaneously out of, or to be proximately caused by, complex interaction of colocated entities. Here, however, I focus on the properties instantiated by the elements of certain systems discussed in social ontology, such as being a five-dollar bill or a pawn-movement, and I suggest (...)
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  17. Intentions in Artifactual Understandings of Law.Kenneth M. Ehrenberg - 2022 - In Luka Burazin, Kenneth Einar Himma, Corrado Roversi & Paweł Banaś (eds.), The Artifactual Nature of Law. Cheltenham: Edward Elgar. pp. 16-36.
    The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...)
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  18. Excusing Corporate Wrongdoing and the State of Nature.Kenneth Silver & Paul Garofalo - forthcoming - Academy of Management Review.
    Most business ethicists maintain that corporate actors are subject to a variety of moral obligations. However, there is a persistent and underappreciated concern that the competitive pressures of the market somehow provide corporate actors with a far-reaching excuse from meeting these obligations. Here, we assess this concern. Blending resources from the history of philosophy and strategic management, we demonstrate the assumptions required for and limits of this excuse. Applying the idea of ‘the state of nature’ from Thomas Hobbes, we suggest (...)
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  19. The Enactivist Revolution.Kenneth Aizawa - 2014 - Avant: Trends in Interdisciplinary Studies (2):19-42.
    Among the many ideas that go by the name of “enactivism” there is the idea that by “cognition” we should understand what is more commonly taken to be behavior. For clarity, label such forms of enactivism “enactivismb.” This terminology requires some care in evaluating enactivistb claims. There is a genuine risk of enactivist and non-enactivist cognitive scientists talking past one another. So, for example, when enactivistsb write that “cognition does not require representations” they are not necessarily denying what cognitivists claim (...)
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  20. Backwards Causation in Social Institutions.Kenneth Silver - forthcoming - Erkenntnis:1-19.
    Whereas many philosophers take backwards causation to be impossible, the few who maintain its possibility either take it to be absent from the actual world or else confined to theoretical physics. Here, however, I argue that backwards causation is not only actual, but common, though occurring in the context of our social institutions. After juxtaposing my cases with a few others in the literature and arguing that we should take seriously the reality of causal cases in these contexts, I consider (...)
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  21. Causal Exclusion and Ontic Vagueness.Kenneth Silver - 2022 - Australasian Journal of Philosophy 100 (1):56-69.
    The Causal Exclusion Problem is raised in many domains, including in the metaphysics of macroscopic objects. If there is a complete explanation of macroscopic effects in terms of the microscopic entities that compose macroscopic objects, then the efficacy of the macroscopic will be threatened with exclusion. I argue that we can avoid the problem if we accept that macroscopic objects are ontically vague. Then, it is indeterminate which collection of microscopic entities compose them, and so information about microscopic entities is (...)
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  22. How to Think about the Astrology Research Program: An Essay Considering Emergent Effects.Kenneth Douglas McRitchie - 2023 - Journal of Scientific Exploration 36 (4):706-716.
    As it has been shaped by improvements in its tools and methods, and by its discourse with critics, I describe how the astrological research program has advanced through three stages of modelling and design limitations. Single-factor tests (for example, the many Sun-sign–only experiments that have been published) are typically underdeterministic. Multi-factor tests, unless they are very well designed, can easily become overdeterministic. Chart-matching tests have been vulnerable to confirmation bias errors until the development of a machine-based, whole-chart matching protocol that (...)
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  23. Defending the possibility of a neutral functional theory of law.Kenneth M. Ehrenberg - 2008 - Oxford Journal of Legal Studies 29 (1):91.
    I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...)
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  24. The Reliability of Epistemic Intuitions.Kenneth Boyd & Jennifer Nagel - 2014 - In Edouard Machery & O'Neill Elizabeth (eds.), Current Controversies in Experimental Philosophy. Routledge. pp. 109-127.
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  25. Law is not (best considered) an essentially contested concept.Kenneth M. Ehrenberg - 2011 - International Journal of Law in Context 7:209-232.
    I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...)
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  26. An Artefactual Theory of Precedent.Kenneth M. Ehrenberg - 2023 - In Timothy Endicott, Hafsteinn Dan Kristjánsson & Sebastian Lewis (eds.), Philosophical Foundations of Precedent. Oxford University Press. pp. 268-280. Translated by Timothy Endicott, Hafsteinn Dan Kristjánsson & Sebastian Lewis.
    This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...)
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  27. Determination from Above.Kenneth Silver - 2023 - Philosophical Issues 33 (1):237-251.
    There are many historical concerns about freedom that have come to be deemphasized in the free will literature itself—for instance, worries around the tyranny of government or the alienation of capitalism. It is hard to see how the current free will literature respects these, or indeed how they could even find expression. This paper seeks to show how these and other concerns can be reintegrated into the debate by appealing to a levels ontology. Recently, Christian List and others have considered (...)
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  28. Testifying understanding.Kenneth Boyd - 2017 - Episteme 14 (1):103-127.
    While it is widely acknowledged that knowledge can be acquired via testimony, it has been argued that understanding cannot. While there is no consensus about what the epistemic relationship of understanding consists in, I argue here that regardless of how understanding is conceived there are kinds of understanding that can be acquired through testimony: easy understanding and easy-s understanding. I address a number of aspects of understanding that might stand in the way of being able to acquire understanding through testimony, (...)
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  29. Karl Pfeifer, Actions and Other Events: The Unifier-Multiplier Controversy Reviewed by.Kenneth Rankin - 1992 - Philosophy in Review 12 (2):133-135.
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  30. Representations without Rules, Connectionism and the Syntactic Argument.Kenneth Aizawa - 1994 - Synthese 101 (3).
    This paper has a two-fold aim. First, it reinforces a version of the "syntactic argument" given in Aizawa (1994). This argument shows that connectionist networks do not provide a means of implementing representations without rules. Horgan and Tlenson have responded to the syntactic argument in their book and in another paper (Horgan & Tlenson, 1993), but their responses do not meet the challenge posed by my formulation of the syntactic argument. My second aim is to describe a kind of cognitive (...)
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  31. Markets Within the Limit of Feasibility.Kenneth Silver - 2023 - Journal of Business Ethics 182:1087-1101.
    The ‘limits of markets’ debate broadly concerns the question of when it is (im)permissible to have a market in some good. Markets can be of tremendous benefit to society, but many have felt that certain goods should not be for sale (e.g., sex, kidneys, bombs). Their sale is argued to be corrupting, exploitative, or to express a form of disrespect. InMarkets without Limits, Jason Brennan and Peter Jaworski have recently argued to the contrary: For any good, as long as it (...)
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  32. Group Epistemology and Structural Factors in Online Group Polarization.Kenneth Boyd - 2023 - Episteme 20 (1):57-72.
    There have been many discussions recently from philosophers, cognitive scientists, and psychologists about group polarization, with online and social media environments in particular receiving a lot of attention, both because of people's increasing reliance on such environments for receiving and exchanging information and because such environments often allow individuals to selectively interact with those who are like-minded. My goal here is to argue that the group epistemologist can facilitate understanding the kinds of factors that drive group polarization in a way (...)
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  33. Agency and aesthetic identity.Kenneth Walden - 2023 - Philosophical Studies 180 (12):3253-3277.
    Schiller says that “it is only through beauty that man makes his way to freedom.” Here I attempt to defend a claim in the same spirit as Schiller’s but by different means. My thesis is that a person’s autonomous agency depends on their adopting an aesthetic identity. To act, we need to don contingent features of agency, things that structure our practical thought and explain what we do in very general terms but are neither universal nor necessary features of agency (...)
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  34. When Should the Master Answer? Respondeat Superior and the Criminal Law.Kenneth Silver - 2024 - Criminal Law and Philosophy 18 (1):89-108.
    Respondeat superior is a legal doctrine conferring liability from one party onto another because the latter stands in some relationship of authority over the former. Though originally a doctrine of tort law, for the past century it has been used within the criminal law, especially to the end of securing criminal liability for corporations. Here, I argue that on at least one prominent conception of criminal responsibility, we are not justified in using this doctrine in this way. Firms are not (...)
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  35. Ontology and Reason Giving in Law.Kenneth M. Ehrenberg - 2016 - In Paweł Banaś, Adam Dyrda & Tomasz Gizbert-Studnicki (eds.), Metaphilosophy of Law. Portland, Oregon: Hart. pp. 147-158.
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  36. Defending the bounds of cognition.Frederick R. Adams & Kenneth Aizawa - 2010 - In Richard Menary (ed.), The Extended Mind. MIT Press.
    That about sums up what is wrong with Clark's view.
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  37. Epistemically Pernicious Groups and the Groupstrapping Problem.Kenneth Boyd - 2018 - Social Epistemology 33 (1):61-73.
    Recently, there has been growing concern that increased partisanship in news sources, as well as new ways in which people acquire information, has led to a proliferation of epistemic bubbles and echo chambers: in the former, one tends to acquire information from a limited range of sources, ones that generally support the kinds of beliefs that one already has, while the latter function in the same way, but possess the additional characteristic that certain beliefs are actively reinforced. Here I argue, (...)
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  38. The semantics of sense perception in Berkeley.Kenneth L. Pearce - 2008 - Religious Studies 44 (3):249-268.
    George Berkeley's linguistic account of sense perception is one of the most central tenets of his philosophy. It is intended as a solution to a wide range of critical issues in both metaphysics and theology. However, it is not clear from Berkeley's writings just how this ‘universal language of the Author of Nature’ is to be interpreted. This paper discusses the nature of the theory of sense perception as language, together with its metaphysical and theological motivations, then proceeds to develop (...)
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  39. Berkeley’s Lockean Religious Epistemology.Kenneth L. Pearce - 2014 - Journal of the History of Ideas 75 (3):417-438.
    Berkeley's main aim in his well-known early works was to identify and refute "the grounds of Scepticism, Atheism, and irreligion." This appears to place Berkeley within a well-established tradition of religious critics of Locke's epistemology, including, most famously, Stillingfleet. I argue that these appearances are deceiving. Berkeley is, in fact, in important respects an opponent of this tradition. According to Berkeley, Locke's earlier critics, including Stillingfleet, had misidentified the grounds of irreligion in Locke's philosophy while all the while endorsing the (...)
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  40. White Habits, Anti‐Racism, and Philosophy as a Way of Life.Kenneth Noe - 2020 - Southern Journal of Philosophy 58 (2):279-301.
    This paper examines Pierre Hadot’s philosophy as a way of life in the context of race. I argue that a “way of life” approach to philosophy renders intelligible how anti-racist confrontation of racist ideas and institutionalized white complicity is a properly philosophical way of life requiring regulated reflection on habits – particularly, habits of whiteness. I first rehearse some of Hadot’s analysis of the “way of life” orientation in philosophy, in which philosophical wisdom is understood as cultivated by actions which (...)
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  41. Legislating Taste.Kenneth Walden - 2023 - Philosophical Quarterly 73 (4):1256-1280.
    My aesthetic judgements seem to make claims on you. While some popular accounts of aesthetic normativity say that the force of these claims is third-personal, I argue that it is actually second-personal. This point may sound like a bland technicality, but it points to a novel idea about what aesthetic judgements ultimately are and what they do. It suggests, in particular, that aesthetic judgements are motions in the collective legislation of the nature of aesthetic activity. This conception is recommended by (...)
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  42. The Anarchist Official: A Problem for Legal Positivism.Kenneth M. Ehrenberg - 2011 - Australian Journal of Legal Philosophy 36:89-112.
    I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to exist (...)
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  43. An Explanationist Defense of Proper Functionalism.Kenneth Boyce & Andrew Moon - 2023 - In Luis R. G. Oliveira (ed.), Externalism about Knowledge. Oxford: Oxford University Press.
    In this chapter, we defend an explanationist version of proper functionalism. After explaining proper functionalism’s initial appeal, we note two major objections to proper functionalism: creatures with no design plan who appear to have knowledge (Swampman) and creatures with malfunctions that increase reliability. We then note how proper functionalism needs to be clarified because there are cases of what we call warrant-compatible malfunction. We then formulate our own view: explanationist proper functionalism, which explains the warrant-compatible malfunction cases and helps to (...)
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  44. Medical Complicity and the Legitimacy of Practical Authority.Kenneth M. Ehrenberg - 2020 - Ethics, Medicine and Public Health 12.
    If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative authority to (...)
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  45. Intensive Magnitudes, Temporality, and Sensus Communis in Kant’s Aesthetics.Kenneth Noe - 2015 - International Philosophical Quarterly 55 (4):417-435.
    I offer a critique of Melissa Zinkin’s reading of Kant’s analysis of aesthetic judgment. She argues that in judgments of taste the imagination is freed from its determinate relation with the understanding because the form of intuition in which beauty is apprehended is different from the form of intuition employed in determinate judgment. By distinguishing between an extensive and intensive form of intuition, this interpretation is able to explain why the apprehension of beauty cannot be subsumed under a concept. But (...)
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  46. "Creative Translation in Emerson's Idealism".Kenneth P. Winkler - 2023 - In Thomas Nolden (ed.), In the Face of Adversity: Translating Difference and Dissent. London: UCL Press. pp. 237-253.
    I consider Ralph Waldo Emerson’s creative appropriation of a philosophical doctrine that helps to make sense of an attitude towards life, its gifts and its burdens, that is often expressed in Puritan diaries. The doctrine, now known as the doctrine of continuous creation, holds that in conserving the world, God re-creates it at every moment, making the same creative effort at each ever-advancing now that God made at the very beginning. Continuous creation was explicitly endorsed by at least one Puritan (...)
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  47. Procedural Justice and Information in Conflict-Resolving Institutions.Kenneth M. Ehrenberg - 2003 - Albany Law Review 67:167-209.
    Notions of procedural justice alone are sufficient to support evidentiary exclusions in a wide variety of legal and law-like institutions that focus on conflict resolution, including courts. Special attention is paid to the relevance and need for exclusion of parties’ own assessments of the value of their claims.
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  48. Less Evidence, Better Knowledge.Kenneth M. Ehrenberg - 2015 - McGill Law Journal 60 (2):173-214.
    In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of juror bias, admitting universal (...)
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  49. Law’s Artifactual Nature: How Legal Institutions Generate Normativity.Kenneth M. Ehrenberg - 2015 - In George Pavlakos & Veronica Rodriguez-Blanco (eds.), Reasons and Intentions in Law and Practical Agency. Cambridge University Press. pp. 247-266.
    I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.
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  50. Law as Plan and Artefact.Kenneth M. Ehrenberg - 2016 - Jurisprudence 7 (2):325-340.
    Scott Shapiro’s theory that law is a social plan is helpful in seeing law essentially as a tool of human creation and as such is sympathetic to understanding law in terms of the social functions it performs, a method I argue for elsewhere. I focus here on two problems with the theory as presented. The planning theory does not adequately explain the persistence of law beyond the utility of those who implement it. Generally, plans can cease to exist as soon (...)
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