Results for 'Lawrence B. Solum'

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  1. Semantic Originalism.Lawrence B. Solum - manuscript
    Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is framed and ratified: (...)
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  2. Procedural justice.Lawrence B. Solum - 2004 - Southern California Law Review 78:181.
    "Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with two (...)
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  3. Natural justice : an aretaic account of the virtue of lawfulness.Lawrence B. Solum - 2007 - In Colin Patrick Farrelly & Lawrence Solum (eds.), Virtue Jurisprudence. Palgrave-Macmillan.
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  4. Bīrūnī, Abū Rayḥān.C. Edmund Bosworth, David Pingree, George Saliba, Georges C. Anawati, François de Blois & Bruce B. Lawrence - unknown - Encyclopædia Iranica.
    BĪRŪNĪ, ABŪ RAYḤĀN MOḤAMMAD b. Aḥmad (362/973- after 442/1050), scholar and polymath of the period of the late Samanids and early Ghaznavids and one of the two greatest intellectual figures of his time in the eastern lands of the Muslim world, the other being Ebn Sīnā.
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  5. The Acceleration of Global Warming as Crime Against Humanity: A Moral Case for Fossil Fuel Divestment.Lawrence Torcello - 2018 - In David Boonin (ed.), The Palgrave Handbook of Philosophy and Public Policy. Cham, Switzerland: Springer Verlag. pp. 779-793.
    This chapter constructs the argument that corporate and political policies known to accelerate anthropogenic global warming, and subsequent climate change, constitute crimes against humanity—predicated on failures to avoid reasonably foreseeable threats to sustained human existence. Given the moral gravity of crimes against humanity it follows that financial divestment is ethically obligatory for institutions wishing to avoid moral association. The moral case for fossil fuel divestment, in the wake of such crimes, derives from (a) the ethical implications of negative responsibility, or (...)
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  6. Review of Michael Hunter, The Boyle Papers: Understanding the Manuscripts of Robert Boyle (Ashgate, 2007). [REVIEW]Simon B. Duffy - 2008 - Reviews in the Enlightenment 1.
    Michael Hunter, The Boyle Papers: Understanding the Manuscripts of Robert Boyle. With contributions by Edward B. Davis, Harriet Knight, Charles Littleton and Lawrence M. Principe. Aldershot, England; Burlington, VT: Ashgate, 2007. Pp. xiii + 674. US$139.95/£70.00 HB. -/- The publication by Michael Hunter of this revised edition of the catalogue of the Boyle Papers contributes admirably to the renaissance in Boyle studies which has taken place over the past decade and a half. Robert Boyle (1627–91), arguably the most influential (...)
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  7.  96
    From the Axial Age to the Moral Revolution: John Stuart-Glennie, Karl Jaspers, and a New Understanding of the Idea.Eugene Halton - 2014 - New York, NY, USA: Palgrave Macmillan.
    The revolutionary outbreak in a variety of civilizations centered around 600 B.C.E., a period in which the great world religions as well as philosophy emerged, from Hebrew scriptures and the teachings of Buddha to the works of Greek and Chinese philosophers, has been named the Axial Age by Karl Jaspers. Yet 75 years earlier, in 1873, unknown to Jaspers and still unknown to the world, John Stuart Stuart-Glennie elaborated a fully developed and more nuanced theory of what he termed The (...)
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  8. The Normativity of Linguistic Originalism: A Speech Act Analysis.John Danaher - 2015 - Law and Philosophy 34 (4):397-431.
    The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of (...)
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  9. Lawrence Kohlberg's Approach to Moral Education.F. Clark Power, Ann Higgins-D'alessandro & Lawrence Kohlberg - 1989
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  10. Approaching Cognitive-Behavioral & Existential Therapy through Neo-Confucianism.Joffre D. Meyer - 1984 - Dissertation, Texas a&M
    ABSTRACT Approaching Cognitive-Behavioral and Existential Therapy Through Neo-Confucianism (December 1984). Joffre Denis Meyer, B. A. Texas A&M University Chairman of Graduate Committee: Dr. William R. Nash -/- The thesis is an effort to bring Neo-Confucian insights to modern cognitive- behavioral and existential therapy. The adaptability of Neo-Confucianism is illustrated through the growth-system inherent in its concepts. Frequently, Neo-Confucian sages and modern psychologists used virtually identical statements. Moreover, humanity faces the same basic issues while the particularizations vary. The importance of reason, (...)
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  11. Non solum peritos in ea glorificare. Apretado compendio histórico-cultural del papel jugado por las disciplinas musicales en la educación occidental, y propuesta hermenéutico-filosófica, con tintes gadamerianos, de cierta labor que les cabría ejercer en nuestro porvenir.Miguel Angel Quintana Paz - 2005 - In Teresa Oñate Zubía, Cristina García Santos & Miguel Angel Quintana Paz (eds.), Hans-Georg Gadamer: Ontología estética y hermenéutica. Madrid: Dykinson. pp. 613-677.
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  12. The Philosophy of Moral Development: Moral Stages and the Idea of Justice.Lawrence Kohlberg - 1981 - San Francisco : Harper & Row.
    Examines the theories of Socrates, Kant, Dewey, Piaget, and others to explore the implications of Socrates' question "what is a virtuous man, and what is a virtuous school and society which educates virtuous men.".
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  13. The Third Meditation: Causal Arguments for God's Existence.Lawrence Nolan - 2014 - In David Cunning (ed.), Cambridge Companion to Descartes' Meditations. Cambridge, England: Cambridge University Press. pp. 127-48.
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  14. The Ethics of Inquiry, Scientific Belief, and Public Discourse.Lawrence Torcello - 2011 - Public Affairs Quarterly 25 (3):197-215.
    The scientific consensus regarding anthropogenic climate change is firmly established yet climate change denialism, a species of what I call pseudoskepticism, is on the rise in industrial nations most responsible for climate change. Such denialism suggests the need for a robust ethics of inquiry and public discourse. In this paper I argue: (1) that ethical obligations of inquiry extend to every voting citizen insofar as citizens are bound together as a political body. (2) It is morally condemnable for public officials (...)
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  15.  31
    The Dustbin Theory of Mind: A Cartesian Legacy?Lawrence Nolan & John Whipple - 2006 - Oxford Studies in Early Modern Philosophy 3:33-55.
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  16.  99
    Descartes on "What we call color".Lawrence Nolan - 2011 - In Primary and Secondary Qualities: The Historical and Ongoing Debate. Oxford University Press. pp. 81.
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  17.  47
    Descartes's metaphysics.Lawrence Nolan - 2019 - In Steven Nadler, Tad M. Schmaltz & Delphine Antoine-Mahut (eds.), The Oxford Handbook of Descartes and Cartesianism. Oxford University Press.
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  18.  32
    Descartes on Universal Essences and Divine Knowledge.Lawrence Nolan - 2017 - In Tad Schmaltz & Stefano Di Bella (eds.), The Problem of Universals in Early Modern Philosophy. Oxford: Oxford University Press. pp. 87-116.
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  19. Science Fiction Double Feature: Trans Liberation on Twin Earth.B. R. George & R. A. Briggs -
    What is it to be a woman? What is it to be a man? We start by laying out desiderata for an analysis of 'woman' and 'man': descriptively, it should link these gender categories to sex biology without reducing them to sex biology, and politically, it should help us explain and combat traditional sexism while also allowing us to make sense of the activist view that gendering should be consensual. Using a Putnam-style 'Twin Earth' example, we argue that none of (...)
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  20. Is the state endorsement of any marriage justifiable? Same-sex marriage, civil unions, and the marriage privatization model.Lawrence Torcello - 2008 - Public Affairs Quarterly 22 (1):43-61.
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  21.  25
    The FDA Ought to Change Plan B’s Label.Christopher ChoGlueck - 2022 - Contraception 106.
    This commentary defends 3 arguments for changing the label of levonorgestrel-based emergency contraception (LNG EC) so that it no longer supports the possibility of a mechanism of action after fertilization. First, there is no direct scientific evidence confirming any postfertilization mechanisms. Second, despite the weight of evidence, there is still widespread public misunderstanding over the mechanism of LNG EC. Third, this FDA label is not a value-free claim, but instead it has functioned like a political tool for reducing contraceptive access. (...)
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  22. What's the Harm? Why the Mainstreaming of Complementary and Alternative Medicine is an Ethical Problem.Lawrence Torcello - 2013 - Ethics in Biology, Engineering and Medicine 4 (4):333-344.
    This paper argues that it is morally irresponsible for modern medical providers or health care institutions to support and advocate the integration of CAM practices (i.e. homeopathy, acupuncture, energy healing, etc.) with conventional modern medicine. The results of such practices are not reliable beyond that of placebo. As a corollary, it is argued that prescribing placebos perceived to stand outside the norm of modern medicine is morally inappropriate. Even when such treatments do no direct physical harm, they create unnecessary barriers (...)
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  23. Restoring Kant's Conception of the Highest Good.Lawrence Pasternack - 2017 - Journal of the History of Philosophy 55 (3):435-468.
    Since the publication of Andrews Reath's “Two Conceptions of the Highest Good in Kant” (Journal of the History of Philosophy 26:4 (1988)), most scholars have come to accept the view that Kant migrated away from an earlier “theological” version to one that is more “secular.” The purpose of this paper is to explore the roots of this interpretative trend, re-assess its merits, and then examine how the Highest Good is portrayed in Kant’s Religion within the Boundaries of Mere Reason. As (...)
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  24. The Ontological Status of Cartesian Natures.Lawrence Nolan - 1997 - Pacific Philosophical Quarterly 78 (2):169–194.
    In the Fifth Meditation, Descartes makes a remarkable claim about the ontological status of geometrical figures. He asserts that an object such as a triangle has a 'true and immutable nature' that does not depend on the mind, yet has being even if there are no triangles existing in the world. This statement has led many commentators to assume that Descartes is a Platonist regarding essences and in the philosophy of mathematics. One problem with this seemingly natural reading is that (...)
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  25. Embodied Cognition and Sport.Lawrence Shapiro & Shannon Spaulding - 2018 - In Massimiliano Cappuccio (ed.), Handbook of Embodied Cognition and Sport Psychology. MIT Press. pp. 3-22.
    Successful athletic performance requires precision in many respects. A batter stands behind home plate awaiting the arrival of a ball that is less than three inches in diameter and moving close to 100 mph. His goal is to hit it with a ba­­t that is also less than three inches in diameter. This impressive feat requires extraordinary temporal and spatial coordination. The sweet spot of the bat must be at the same place, at the same time, as the ball. A (...)
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  26.  79
    Singer, Peter.Lawrence Torcello - 2015 - In Robert N. Audi (ed.), The Cambridge Dictionary of Philosophy 3rd edition. New York, USA: Cambridge University Press.
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  27.  90
    Empathy and Moral Psychology: A Critique of Shaun Nichols's Neo-Sentimentalism.Lawrence Blum - 2011 - In Carla Bagnoli (ed.), Morality and the Emotions. Oxford University Press. pp. 170-193.
    Nichols’s view of empathy (in Sentimental Rules) in light of experimental moral psychology suffers from several deficiencies: (1) It operates with an impoverished view of the altruistic emotions (empathy, sympathy, concern, compassion, etc.) as mere short-term, affective states of mind, lacking any essential connection to intentionality, perception, cognition, and expressiveness. (2) It fails to keep in focus the moral distinction between two very different kinds of emotional response to the distress and suffering of others—other-directed, altruistic, emotions that have moral value, (...)
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  28. Nietzsche on Woman.Lawrence J. Hatab - 1981 - Southern Journal of Philosophy 19 (3):333-345.
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  29. Dasein, The Early Years: Heideggerian Reflections on Childhood.Lawrence J. Hatab - 2014 - International Philosophical Quarterly 54 (4):379-391.
    Like most philosophers, Heidegger gave little attention to childhood, but his philosophical emphasis on pre-reflective practice and understanding seems uniquely qualified to help make sense of a child’s experience and development. Moreover, it seems to me that many central Heideggerian concepts are best defended, exemplified, and articulated by bringing child development into the discussion. A Heideggerain emphasis on pre-theoretical world-involvement opens up a rich array of phenomena for studying child development, which can improve upon standard theories that have over-emphasized exclusive (...)
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  30. Malebranche on Sensory Cognition and "Seeing As".Lawrence Nolan - 2012 - Journal of the History of Philosophy 50 (1):21-52.
    Nicolas Malebranche holds that we see all things in the physical world by means of ideas in God (the doctrine of "vision in God"). In some writings he seems to posit ideas of particular bodies in God, but when pressed by critics he insists that there is only one general idea of extension, which he calls “intelligible extension.” But how can this general and “pure” idea represent particular sensible objects? I develop systematic solutions to this and two other putative difficulties (...)
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  31. The Pagan Dogma of the Absolute Unchangeableness of God: REM B. EDWARDS.Rem B. Edwards - 1978 - Religious Studies 14 (3):305-313.
    In his Edifying Discourses, Soren Kierkegaard published a sermon entitled ‘The Unchangeableness of God’ in which he reiterated the dogma which dominated Catholic, Protestant and even Jewish expressions of classical supernaturalist theology from the first century A.D. until the advent of process theology in the twentieth century. The dogma that as a perfect being, God must be totally unchanging in every conceivable respect was expressed by Kierkegaard in such ways as: He changes all, Himself unchanged. When everything seems stable and (...)
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  32. The Ontological Argument as an Exercise in Cartesian Therapy.Lawrence Nolan - 2005 - Canadian Journal of Philosophy 35 (4):521 - 562.
    I argue that Descartes intended the so-called ontological "argument" as a self-validating intuition, rather than as a formal proof. The textual evidence for this view is highly compelling, but the strongest support comes from understanding Descartes's diagnosis for why God's existence is not 'immediately' self-evident to everyone and the method of analysis that he develops for making it self-evident. The larger aim of the paper is to use the ontological argument as a case study of Descartes's nonformalist theory of deduction (...)
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  33. Singer’s Notion of Speciesism: A Case for Animal Rights in Ejagham Culture.Lawrence Odey Ojong - 2019 - International Journal of Environmental Pollution and Environmental Modelling 2 (3):116-121.
    This work is an examination of Peter Singer’s notion of speciesism: case for animal rights in Ejagham culture. It primarily deals with an evaluation of the phenomenon of animal rights from the standpoint of Peter Singer’s notion of speciesism. Singer’s notion of speciesism deals with the moral obligation humans owe to animals as against the bias or prejudice that humanity has greater moral worth than non-human animals. Most opponents of speciesism contend that, animals are not members of the moral community (...)
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  34. Understanding the Dimensions of Realization.Lawrence A. Shapiro - 2008 - Journal of Philosophy 105 (4):213-222.
    Carl Gillett has defended what he calls the “dimensioned” view of the realization relation, which he contrasts with the traditional “flat” view of realization (2003, 2007; see also Gillett 2002). Intuitively, the dimensioned approach characterizes realization in terms of composition whereas the flat approach views realization in terms of occupiers of functional roles. Elsewhere we have argued that the general view of realization and multiple realization that Gillett advances is not able to discharge the theoretical duties of those relations (Shapiro (...)
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  35. Ethics and Finitude.Lawrence J. Hatab - 1995 - International Philosophical Quarterly 35 (4):403-417.
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  36. Phainomenon and Logos in Aristotle's Ethics.J. Hatab Lawrence - 2013 - In Phenomenology and Virtue Ethics. London: Bloomsbury. pp. 10-30.
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  37. Joseph Owens, "an interpretation of existence". [REVIEW]Lawrence Dewan - 1987 - Dialogue 26 (3):572.
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  38.  97
    Latinos on race and ethnicity : Alcoff, Corlett, and Gracia.Lawrence Blum - 2009 - In Susana Nuccetelli, Ofelia Schutte & Otávio Bueno (eds.), A Companion to Latin American Philosophy. Wiley-Blackwell. pp. 269-282.
    This article explicates the views on both race and ethnicity of these three prominent Latinx philosophers, compares them (somewhat), and offers some criticisms. Corlett jettisons race as a categorization of groups, but accepts a form of racialization somewhat at odds with this jettisoning. Gracia adopts as a general principle that an account of both ethnicity and race should help us see aspects of reality that would otherwise be obscured; but this is at odds with his regarding the Latin American view (...)
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  39. Self-knowledge in Descartes and Malebranche.Lawrence Nolan & John Whipple - 2005 - Journal of the History of Philosophy 43 (1):55-81.
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  40. The Trouble with Pseudoskepticism.Lawrence Torcello - 2012 - Skeptical Inquirer 36 (3).
    The continuing rejection of anthropogenic global warming by non-experts despite overwhelming scientific consensus is rationally untenable and best described as “pseudoskeptical;” it is akin to AIDS denialism, the advocacy of intelligent design, and anti-vaccination movements.
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  41. Nietzsche, Democracy, and Excellence: Politics as Jazz.Lawrence J. Hatab - 2000 - International Studies in Philosophy 32 (3):39-50.
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  42. Ethics and Finitude.Lawrence J. Hatab - 1995 - International Philosophical Quarterly 35 (4):403-417.
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  43. Keeping Self-Deception in Perspective.Lawrence Lengbeyer - 1998 - In Jean-Pierre Dupuy (ed.), Self-Deception and Paradoxes of Rationality. CSLI Publications.
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  44. Sophism and Moral Agnosticism, or, How to Tell a Relativist from a Pluralist.Lawrence Torcello - 2011 - The Pluralist 6 (1):87-108.
    Is it possible to recognize the limits of rationality, and thus to embrace moral pluralism, without embracing moral relativism? My answer is yes; nevertheless, certain anti-foundational positions, both recent and ancient, take a cynical stance toward the possibility of any critical moral judgment, and as such, must be regarded as relativistic.1 It is such cynicism, I argue, whether openly announced or unknowingly implied, that marks the distinction between relativism and pluralism.2 The danger of this cynicism is not so much that (...)
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  45. On the Virtues of Inhospitality: toward an Ethics of Public Reason and Critical Engagement.Lawrence Torcello - 2014 - Philo 17 (1):99-115.
    This article seeks to re-conceptualize Rawlsian public reason as a critical tool against ideological propaganda. The article proposes that public reason, as a standard for public discourse, must be conceptualized beyond its mandate for comprehensive neutrality to additionally emphasize critique of ideologically driven ignorance and propaganda in the public realm. I connect uncritical hospitality to such ideological propaganda with Harry Frankfurt’s concept of bullshit. This paper proposes that philosophers have a unique moral obligation to engage bullshit critically in the public (...)
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  46.  99
    Prospects for a democratic.Lawrence J. Hatab - unknown
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  47. Three kinds of race-related solidarity.Lawrence Blum - 2007 - Journal of Social Philosophy 38 (1):53–72.
    Solidarity within a group facing adversity exemplifies certain human goods, some instrumental to the goal of mitigating the adversity, some non-instrumental, such as trust, loyalty, and mutual concern. Group identity, shared experience, and shared political commitments are three distinct but often-conflated bases of racial group solidarity. Solidarity groups built around political commitments include members of more than one identity group, even when the political focus is primarily on the justice-related interests of only one identity group (such as African Americans). A (...)
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  48.  89
    The Responsibility of Thinking in Dark Times.Lawrence Vogel - 2008 - Graduate Faculty Philosophy Journal 29 (1):253-273.
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  49. The Many Gods Objection to Pascal’s Wager.Lawrence Pasternack - 2012 - Philo 15 (2):158-178.
    The Many Gods Objection (MGO) is widely viewed as a decisive criticism of Pascal’s Wager. By introducing a plurality of hypotheses with infinite expected utility into the decision matrix, the wagerer is left without adequate grounds to decide between them. However, some have attempted to rebut this objection by employing various criteria drawn from the theological tradition. Unfortunately, such defenses do little good for an argument that is supposed to be an apologetic aimed at atheists and agnostics. The purpose of (...)
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  50. Seperation of Church and State.Lawrence Torcello - 2011 - In Deen Chatterjee (ed.), Encyclopedia of Global Justice Vol. 2. Springer. pp. 995-999.
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