Results for 'Brian Slattery'

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  1. Transcending community some throughts on Havel and Bergson.Brian Slattery - 1993 - Rechtstheorie. Beiheft 15:265-276.
    What is the persuasive basis for the doctrine of universal human rights - rights that pertain to all human beings, regardless of national, racial, or religious affiliation? This essay offers some reflections on the subject by considering the contrasting approaches of two thinkers: Vaclav Havel, the playwright, essayist, human rights advocate, and onetime President of Czechoslovakia; and Henri Bergson, the once influential French philosopher and apostle of creative evolution, unfortunately now often forgotten.
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  2. Three Concepts of Law: The Ambiguous Legacy of H.L.A. Hart.Brian Slattery - 1998 - Saskatchewan Law Review 61:323-39.
    The law presents itself as a body of meaning, open to discovery, interpretation, application, criticism, development and change. But what sort of meaning does the law possess? Legal theory provides three sorts of answers. The first portrays the law as a mode of communication through which law-makers convey certain standards or norms to the larger community. The law's meaning is that imparted by its authors. On this view, law is a vehicle, conveying a message from a speaker to an intended (...)
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  3. The Paradoxes of National Self-Determination.Brian Slattery - 1994 - Osgoode Hall Law Journal 32:703-33.
    Some have argued that the right of national self-determination gives every national group the power to decide for itself whether to remain part of an existing state or to secede unilaterally and form its own state. Such a theory underpins the claim that Quebec is entitled to decide on its own whether or not to leave Canada. This paper examines the main philosophical arguments for the theory and finds them one-dimensional and inadequate; they fail to take account of the full (...)
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  4. Aboriginal Sovereignty and Imperial Claims.Brian Slattery - 1991 - Osgoode Hall Law Journal 29:681-703.
    It is commonly assumed that Indigenous nations had neither sovereignty in international law nor title to their territories when Europeans first arrived in North America. Thus the continent was legally vacant and European powers could gain title to it simply by such acts as discovery, symbolic acts, or occupation, or by concluding treaties among themselves. This paper argues that this viewpoint is misguided and cannot be justified either by reference to positive international law or to basic principles of justice. To (...)
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  5. The Grounds of Human Rights.Brian Slattery - manuscript
    What is the rational foundation for the doctrine of universal human rights? Some philosophers, such as Alan Gewirth, argue that it may be discovered simply by reflection on certain essential features of the human constitution. However this approach has significant problems, achieving its ends by smuggling certain tacit premises into the argument. A better approach is one that appeals to the communal practices and traditions within which doctrines of human rights have evolved historically. It is here that Alasdair MacIntyre's work (...)
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  6. The Tragedy and Promise of Self-Determination.Brian Slattery - 2020 - Yale Law Journal 129.
    The principle of self-determination, like Janus, has two faces: negative and positive. Often understood as enabling the fracture of states into national components, the principle is better seen as facilitating the creation of multinational frameworks that foster toleration and human rights.
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  7. Rights, Communities, and Tradition.Brian Slattery - 1991 - University of Toronto Law Journal 41:447-67.
    This paper argues that there is a close connection between basic human rights and communal bonds. It reviews the views expressed by Alan Gewirth and Alasdair MacIntyre, which in differing ways deny this connection, and concludes that the deficiencies in their accounts reinforce the case for communal bonds.
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  8. Law's Meaning.Brian Slattery - 1996 - Osgoode Hall Law Journal 34:553-81.
    It is often thought that the meaning of a legal provision must reside in the minds of its authors or its interpreters, or a combination of the two. Indeed, the point may seem so obvious that it scarcely needs any justification. Is there any sense, then, in the claim sometimes made by judges that a law has a meaning of its own, one that is distinct from the intentions of authors and interpreters alike? At first sight, the claim appears extravagant (...)
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  9. Our Mongrel Selves: Pluralism, Identity and the Nation.Brian Slattery - 2003 - In Ysolde Gendreau (ed.), Community of Rights - Rights of Community. Editions Themis. pp. 85-120.
    This paper examines the view that ‘nations’ are natural entities, composed of homogeneous linguistic and cultural groups, and argues that this theory fails to take account of our multiple and overlapping identities.
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  10. The Myth of Retributive Justice.Brian Slattery - 1992 - In Wesley Cragg (ed.), Retributivism and Its Critics. Stuttgart, Germany: Franz Steiner Verlag. pp. 27-34.
    In fairy tales, villains usually come to a bad end, snared in a trap of their own making, or visited with a disaster nicely suited to their particular villainy. Read a story of this kind to children and you will be struck by the profound satisfaction with which this predictable of events is greeted. Yet, if children cheer when the villain is done in, they are just as satisfied when the hero manages to get the villain by the throat but (...)
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  11. On the Matter of Robot Minds.Brian P. McLaughlin & David Rose - forthcoming - Oxford Studies in Experimental Philosophy.
    The view that phenomenally conscious robots are on the horizon often rests on a certain philosophical view about consciousness, one we call “nomological behaviorism.” The view entails that, as a matter of nomological necessity, if a robot had exactly the same patterns of dispositions to peripheral behavior as a phenomenally conscious being, then the robot would be phenomenally conscious; indeed it would have all and only the states of phenomenal consciousness that the phenomenally conscious being in question has. We experimentally (...)
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  12. Pragmatic infallibilism.Brian Kim - 2023 - Asian Journal of Philosophy 2 (2):1-22.
    Infallibilism leads to skepticism, and fallibilism is plagued by the threshold problem. Within this narrative, the pragmatic turn in epistemology has been marketed as a way for fallibilists to address the threshold problem. In contrast, pragmatic versions of infallibilism have been left unexplored. However, I propose that going pragmatic offers the infallibilist a way to address its main problem, the skeptical problem. Pragmatic infallibilism, however, is committed to a shifty view of epistemic certainty, where the strength of a subject’s epistemic (...)
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  13. The Fearful Ethical Subject: On the Fear for the Other, Moral Education, and Levinas in the Pandemic.Sijin Yan & Patrick Slattery - 2020 - Studies in Philosophy and Education 40 (1):81-92.
    The article seeks to reclaim a type of fear lost in silent omission in education, yet central to the development of an ethical subject. It distinguishes the fear described by Martin Heidegger through the concept of befindlichkeit and fear for the other as an essential moment for ethics articulated by Emmanuel Levinas. It argues that the latter conception of fear has inverted the traditional assumption of the ideal ethical subject as fearless. It then examines how Levinas’s interpretation of fear might (...)
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  14. Semantic monsters.Brian Rabern - 2021 - In Heimir Geirsson & Stephen Biggs (eds.), The Routledge Handbook of Linguistic Reference. New York: Routledge. pp. 515-532.
    This chapter provides a general overview of the issues surrounding so-called semantic monsters. In section 1, I outline the basics of Kaplan’s framework and spell out how and why the topic of “monsters” arises within that framework. In Section 2, I distinguish four notions of a monster that are discussed in the literature, and show why, although they can pull apart in different frameworks or with different assumptions, they all coincide within Kaplan’s framework. In Section 3, I discuss one notion (...)
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  15. Binding bound variables in epistemic contexts.Brian Rabern - 2021 - Inquiry: An Interdisciplinary Journal of Philosophy 64 (5-6):533-563.
    ABSTRACT Quine insisted that the satisfaction of an open modalised formula by an object depends on how that object is described. Kripke's ‘objectual’ interpretation of quantified modal logic, whereby variables are rigid, is commonly thought to avoid these Quinean worries. Yet there remain residual Quinean worries for epistemic modality. Theorists have recently been toying with assignment-shifting treatments of epistemic contexts. On such views an epistemic operator ends up binding all the variables in its scope. One might worry that this yields (...)
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  16. Pure Quotation in Linguistic Context.Brian Rabern - 2023 - Journal of Philosophical Logic 52 (2):393-413.
    A common framing has it that any adequate treatment of quotation has to abandon one of the following three principles: (i) The quoted expression is a syntactic constituent of the quote phrase; (ii) If two expressions are derived by applying the same syntactic rule to a sequence of synonymous expressions, then they are synonymous; (iii) The language contains synonymous but distinct expressions. In the following, a formal syntax and semantics will be provided for a quotational language which adheres to all (...)
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  17. Descriptions which have grown capital letters.Brian Rabern - 2015 - Mind and Language 30 (3):292-319.
    Almost entirely ignored in the linguistic theorising on names and descriptions is a hybrid form of expression which, like definite descriptions, begin with 'the' but which, like proper names, are capitalised and seem to lack descriptive content. These are expressions such as the following, 'the Holy Roman Empire', 'the Mississippi River', or 'the Space Needle'. Such capitalised descriptions are ubiquitous in natural language, but to which linguistic categories do they belong? Are they simply proper names? Or are they definite descriptions (...)
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  18. Sensory Knowledge and Art.Brian R. Nelson - 2017 - Cambridge, England: Open Angle Books.
    The primary intention of this book is to elucidate the relations between sensory perception and art as a form of knowledge. This enables us to understand how different kinds of art are given their meaning not only from observation, resemblance and reason but also from an artist’s sensitivity to the inner form of sensory experience as it is realized in perception, reflection, memory and imagination. By assuming a number of different points of view, Part 1 shows how the physical object (...)
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  19. Presentism and the objection from being-supervenience.Brian Kierland & Bradley Monton - 2007 - Australasian Journal of Philosophy 85 (3):485-497.
    In this paper, we show that presentism -- the view that the way things are is the way things presently are -- is not undermined by the objection from being-supervenience. This objection claims, roughly, that presentism has trouble accounting for the truth-value of past-tense claims. Our demonstration amounts to the articulation and defence of a novel version of presentism. This is brute past presentism, according to which the truth-value of past-tense claims is determined by the past understood as a fundamental (...)
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  20. Special issue in honour of Landon Rabern, Discrete Mathematics.Brian Rabern, D. W. Cranston & H. Keirstead (eds.) - 2023 - Elsevier.
    Special issue in honour of Landon Rabern. This special issue of Discrete Mathematics is dedicated to his memory, as a tribute to his many research achievements. It contains 10 new articles written by his collaborators, friends, and colleagues that showcase his interests.
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  21. За игрой в карты с чертиком Визинга.Brian Rabern & Landon Rabern - 2023 - Kvant 2023 (10):2-6.
    We analyze a solitaire game in which a demon rearranges some cards after each move. The graph edge coloring theorems of K˝onig (1931) and Vizing (1964) follow from the winning strategies developed.
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  22. The Ant Trap: Rebuilding the Foundations of the Social Sciences.Brian Epstein - 2015 - New York, NY: Oxford University Press.
    We live in a world of crowds and corporations, artworks and artifacts, legislatures and languages, money and markets. These are all social objects — they are made, at least in part, by people and by communities. But what exactly are these things? How are they made, and what is the role of people in making them? In The Ant Trap, Brian Epstein rewrites our understanding of the nature of the social world and the foundations of the social sciences. Epstein (...)
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  23. Tree-ring semantics.Brian Rabern - manuscript
    Our aim here is to lay the groundwork for formal tree-ring analysis combining data from dendrochronology with formal techniques from semantics. We will present the basic syntax of, and basic compositional semantics of tree-ring structures.
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  24. On statistical criteria of algorithmic fairness.Brian Hedden - 2021 - Philosophy and Public Affairs 49 (2):209-231.
    Predictive algorithms are playing an increasingly prominent role in society, being used to predict recidivism, loan repayment, job performance, and so on. With this increasing influence has come an increasing concern with the ways in which they might be unfair or biased against individuals in virtue of their race, gender, or, more generally, their group membership. Many purported criteria of algorithmic fairness concern statistical relationships between the algorithm’s predictions and the actual outcomes, for instance requiring that the rate of false (...)
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  25. A formal semantics for Wittgenstein's builder language.Brian Rabern - manuscript
    Wittgenstein asks: “Now what do the words of this language signify?—What is supposed to shew what they signify, if not the kind of use they have?” Might one answer that rhetorical question by giving a compositional semantics for Wittgenstein’s builder language?
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  26. Minimizing Inaccuracy for Self-Locating Beliefs.Brian Kierland & Bradley Monton - 2005 - Philosophy and Phenomenological Research 70 (2):384-395.
    One's inaccuracy for a proposition is defined as the squared difference between the truth value (1 or 0) of the proposition and the credence (or subjective probability, or degree of belief) assigned to the proposition. One should have the epistemic goal of minimizing the expected inaccuracies of one's credences. We show that the method of minimizing expected inaccuracy can be used to solve certain probability problems involving information loss and self-locating beliefs (where a self-locating belief of a temporal part of (...)
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  27. Racial Justice Requires Ending the War on Drugs.Brian D. Earp, Jonathan Lewis, Carl L. Hart & Walter Veit - 2021 - American Journal of Bioethics 21 (4):4-19.
    Historically, laws and policies to criminalize drug use or possession were rooted in explicit racism, and they continue to wreak havoc on certain racialized communities. We are a group of bioethicists, drug experts, legal scholars, criminal justice researchers, sociologists, psychologists, and other allied professionals who have come together in support of a policy proposal that is evidence-based and ethically recommended. We call for the immediate decriminalization of all so-called recreational drugs and, ultimately, for their timely and appropriate legal regulation. We (...)
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  28. I Know You Are, But What Am I?: Anti-Individualism in the Development of Intellectual Humility and Wu-Wei.Brian Robinson & Mark Alfano - 2016 - Logos and Episteme 7 (4):435-459.
    Virtues are acquirable, so if intellectual humility is a virtue, it’s acquirable. But there is something deeply problematic—perhaps even paradoxical—about aiming to be intellectually humble. Drawing on Edward Slingerland’s analysis of the paradoxical virtue of wu-wei in Trying Not To Try (New York: Crown, 2014), we argue for an anti-individualistic conception of the trait, concluding that one’s intellectual humility depends upon the intellectual humility of others. Slingerland defines wu-wei as the “dynamic, effortless, and unselfconscious state of mind of a person (...)
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  29. What good are counterexamples?Brian Weatherson - 2003 - Philosophical Studies 115 (1):1-31.
    Intuitively, Gettier cases are instances of justified true beliefs that are not cases of knowledge. Should we therefore conclude that knowledge is not justified true belief? Only if we have reason to trust intuition here. But intuitions are unreliable in a wide range of cases. And it can be argued that the Gettier intuitions have a greater resemblance to unreliable intuitions than to reliable intuitions. Whats distinctive about the faulty intuitions, I argue, is that respecting them would mean abandoning a (...)
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  30. Can we do without pragmatic encroachment.Brian Weatherson - 2005 - Philosophical Perspectives 19 (1):417–443.
    I consider the problem of how to derive what an agent believes from their credence function and utility function. I argue the best solution of this problem is pragmatic, i.e. it is sensitive to the kinds of choices actually facing the agent. I further argue that this explains why our notion of justified belief appears to be pragmatic, as is argued e.g. by Fantl and McGrath. The notion of epistemic justification is not really a pragmatic notion, but it is being (...)
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  31. In defense of subject-sensitive invariantism.Brian Kim - 2016 - Episteme 13 (2):233-251.
    Keith DeRose has argued that the two main problems facing subject-sensitive invariantism come from the appropriateness of certain third-person denials of knowledge and the inappropriateness of now you know it, now you don't claims. I argue that proponents of SSI can adequately address both problems. First, I argue that the debate between contextualism and SSI has failed to account for an important pragmatic feature of third-person denials of knowledge. Appealing to these pragmatic features, I show that straightforward third-person denials are (...)
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  32. Running risks morally.Brian Weatherson - 2014 - Philosophical Studies 167 (1):141-163.
    I defend normative externalism from the objection that it cannot account for the wrongfulness of moral recklessness. The defence is fairly simple—there is no wrong of moral recklessness. There is an intuitive argument by analogy that there should be a wrong of moral recklessness, and the bulk of the paper consists of a response to this analogy. A central part of my response is that if people were motivated to avoid moral recklessness, they would have to have an unpleasant sort (...)
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  33. Moral Diversity and Moral Responsibility.Brian Kogelmann & Robert H. Wallace - 2018 - Journal of the American Philosophical Association 4 (3):371-389.
    In large, impersonal moral orders many of us wish to maintain good will toward our fellow citizens only if we are reasonably sure they will maintain good will toward us. The mutual maintaining of good will, then, requires that we somehow communicate our intentions to one another. But how do we actually do this? The current paper argues that when we engage in moral responsibility practices—that is, when we express our reactive attitudes by blaming, praising, and resenting—we communicate a desire (...)
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  34. Dimensions of Value.Brian Hedden & Daniel Muñoz - forthcoming - Noûs.
    Value pluralists believe in multiple dimensions of value. What does betterness along a dimension have to do with being better overall? Any systematic answer begins with the Strong Pareto principle: one thing is overall better than another if it is better along one dimension and at least as good along all others. We defend Strong Pareto from recent counterexamples and use our discussion to develop a novel view of dimensions of value, one which puts Strong Pareto on firmer footing. We (...)
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  35. Deontology and Descartes’s Demon.Brian Weatherson - 2008 - Journal of Philosophy 105 (9):540-569.
    In his Principles of Philosophy, Descartes says, Finally, it is so manifest that we possess a free will, capable of giving or withholding its assent, that this truth must be reckoned among the first and most common notions which are born with us.
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  36. Time-Slice Rationality.Brian Hedden - 2015 - Mind 124 (494):449-491.
    I advocate Time-Slice Rationality, the thesis that the relationship between two time-slices of the same person is not importantly different, for purposes of rational evaluation, from the relationship between time-slices of distinct persons. The locus of rationality, so to speak, is the time-slice rather than the temporally extended agent. This claim is motivated by consideration of puzzle cases for personal identity over time and by a very moderate form of internalism about rationality. Time-Slice Rationality conflicts with two proposed principles of (...)
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  37. Psychophysical Harmony: A New Argument for Theism.Brian Cutter & Dustin Crummett - forthcoming - Oxford Studies in Philosophy of Religion.
    This paper develops a new argument from consciousness to theism: the argument from psychophysical harmony. Roughly, psychophysical harmony consists in the fact that phenomenal states are correlated with physical states and with one another in strikingly fortunate ways. For example, phenomenal states are correlated with behavior and functioning that is justified or rationalized by those very phenomenal states, and phenomenal states are correlated with verbal reports and judgments that are made true by those very phenomenal states. We argue that psychophysical (...)
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  38. Knowledge, Bets, and Interests.Brian Weatherson - 2012 - In Jessica Brown & Mikkel Gerken (eds.), Knowledge Ascriptions. Oxford University Press. pp. 75--103.
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  39. A puzzle about scope for restricted deontic modals.Brian Rabern & Patrick Todd - 2023 - Snippets 44:8-10.
    Deontic necessity modals (e.g. 'have to', 'ought to', 'must', 'need to', 'should', etc.) seem to vary in how they interact with negation. According to some accounts, what forces modals like 'ought' and 'should' to outscope negation is their polarity sensitivity -- modals that scope over negation do so because they are positive polarity items. But there is a conflict between this account and a widely assumed theory of if-clauses, namely the restrictor analysis. In particular, the conflict arises for constructions containing (...)
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  40. Repugnant Accuracy.Brian Talbot - 2019 - Noûs 53 (3):540-563.
    Accuracy‐first epistemology is an approach to formal epistemology which takes accuracy to be a measure of epistemic utility and attempts to vindicate norms of epistemic rationality by showing how conformity with them is beneficial. If accuracy‐first epistemology can actually vindicate any epistemic norms, it must adopt a plausible account of epistemic value. Any such account must avoid the epistemic version of Derek Parfit's “repugnant conclusion.” I argue that the only plausible way of doing so is to say that accurate credences (...)
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  41. The history of the use of ⟦.⟧-notation in natural language semantics.Brian Rabern - 2016 - Semantics and Pragmatics 9 (12).
    In contemporary natural languages semantics one will often see the use of special brackets to enclose a linguistic expression, e.g. ⟦carrot⟧. These brackets---so-called denotation brackets or semantic evaluation brackets---stand for a function that maps a linguistic expression to its "denotation" or semantic value (perhaps relative to a model or other parameters). Even though this notation has been used in one form or another since the early development of natural language semantics in the 1960s and 1970s, Montague himself didn't make use (...)
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  42. Does MITE Make Right?: On Decision-Making under Normative Uncertainty.Brian Hedden - 2016 - Oxford Studies in Metaethics 11:102-128.
    We typically have to act under uncertainty. We can be uncertain about the relevant descriptive facts, but also about the relevant normative facts. However, the search for a theory of decision-making under normative uncertainty is doomed to failure. First, the most natural proposal for what to do given normative uncertainty faces two devastating problems. Second, the motivations for wanting a theory of what to do given descriptive uncertainty do not carry over to normative uncertainty. Descriptive facts may be inaccessible even (...)
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  43. Collective Virtue Epistemology and the Value of Identity Diversity.Brian Kim - 2022 - Social Epistemology 36 (4):486-501.
    Discussions of diversity tend to paint a mixed picture of the practical and epistemic value of diversity. While there are expansive and detailed accounts of the value of cognitive diversity, explorations of identity diversity typically focus on its value as a source or cause of cognitive diversity. The resulting picture on which identity diversity only possesses a derivative practical and epistemic value is unsatisfactory and fails to account for some of its central epistemic benefits. In response, I propose that collective (...)
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  44. An externalist decision theory for a pragmatic epistemology.Brian Kim - 2019 - In Pragmatic Encroachment in Epistemology. Routledge.
    In recent years, some epistemologists have argued that practical factors can make the difference between knowledge and mere true belief. While proponents of this pragmatic thesis have proposed necessary and sufficient conditions for knowledge, it is striking that they have failed to address Gettier cases. As a result, the proposed analyses of knowledge are either lacking explanatory power or susceptible to counterexamples. Gettier cases are also worth reflecting on because they raise foundational questions for the pragmatist. Underlying these challenges is (...)
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  45. The Bayesian and the Dogmatist.Brian Weatherson - 2007 - Proceedings of the Aristotelian Society 107 (1pt2):169-185.
    Dogmatism is sometimes thought to be incompatible with Bayesian models of rational learning. I show that the best model for updating imprecise credences is compatible with dogmatism.
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  46. This paper surely contains some errors.Brian Kim - 2015 - Philosophical Studies 172 (4):1013-1029.
    The preface paradox can be motivated by appealing to a plausible inference from an author’s reasonable assertion that her book is bound to contain errors to the author’s rational belief that her book contains errors. By evaluating and undermining the validity of this inference, I offer a resolution of the paradox. Discussions of the preface paradox have surprisingly failed to note that expressions of fallibility made in prefaces typically employ terms such as surely, undoubtedly, and bound to be. After considering (...)
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  47. Experimental Philosophical Bioethics and Normative Inference.Brian D. Earp, Jonathan Lewis, Vilius Dranseika & Ivar R. Hannikainen - 2021 - Theoretical Medicine and Bioethics 42 (3-4):91-111.
    This paper explores an emerging sub-field of both empirical bioethics and experimental philosophy, which has been called “experimental philosophical bioethics” (bioxphi). As an empirical discipline, bioxphi adopts the methods of experimental moral psychology and cognitive science; it does so to make sense of the eliciting factors and underlying cognitive processes that shape people’s moral judgments, particularly about real-world matters of bioethical concern. Yet, as a normative discipline situated within the broader field of bioethics, it also aims to contribute to substantive (...)
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  48. Moral intuitionism and disagreement.Brian Besong - 2014 - Synthese 191 (12):2767-2789.
    According to moral intuitionism, at least some moral seeming states are justification-conferring. The primary defense of this view currently comes from advocates of the standard account, who take the justification-conferring power of a moral seeming to be determined by its phenomenological credentials alone. However, the standard account is vulnerable to a problem. In brief, the standard account implies that moral knowledge is seriously undermined by those commonplace moral disagreements in which both agents have equally good phenomenological credentials supporting their disputed (...)
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  49. Intellectual Skill and the Rylean Regress.Brian Weatherson - 2017 - Philosophical Quarterly 67 (267):370-386.
    Intelligent activity requires the use of various intellectual skills. While these skills are connected to knowledge, they should not be identified with knowledge. There are realistic examples where the skills in question come apart from knowledge. That is, there are realistic cases of knowledge without skill, and of skill without knowledge. Whether a person is intelligent depends, in part, on whether they have these skills. Whether a particular action is intelligent depends, in part, on whether it was produced by an (...)
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  50. Consequentialism and Collective Action.Brian Hedden - 2020 - Ethics 130 (4):530-554.
    Many consequentialists argue that you ought to do your part in collective action problems like climate change mitigation and ending factory farming because (i) all such problems are triggering cases, in which there is a threshold number of people such that the outcome will be worse if at least that many people act in a given way than if fewer do, and (ii) doing your part in a triggering case maximises expected value. I show that both (i) and (ii) are (...)
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