Results for 'Mark Tunick'

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  1. The moral obligation to obey law.Mark Tunick - 2002 - Journal of Social Philosophy 33 (3):464–482.
    Is it always morally wrong to violate a law and in doing so does one necessarily act badly? I argue that whether in breaking a law one acts badly depends on considerations unique to the particular act of lawbreaking. The moral judgment in question is deeply contextual and cannot be settled by appeal to blanket moral rules such as that it is wrong to break (any) law. The argument is made by focusing on the example of a runner having to (...)
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  2. Brain Privacy and the Case of Cannibal Cop.Mark Tunick - 2017 - Res Publica 23 (2):179-196.
    In light of technology that may reveal the content of a person’s innermost thoughts, I address the question of whether there is a right to ‘brain privacy’—a right not to have one’s inner thoughts revealed to others–even if exposing these thoughts might be beneficial to society. I draw on a conception of privacy as the ability to control who has access to information about oneself and to an account that connects one’s interest in privacy to one’s interests in autonomy and (...)
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  3. Privacy and Punishment.Mark Tunick - 2013 - Social Theory and Practice 39 (4):643-668.
    Philosophers have focused on why privacy is of value to innocent people with nothing to hide. I argue that for people who do have something to hide, such as a past crime, or bad behavior in a public place, informational privacy can be important for avoiding undeserved or disproportionate non-legal punishment. Against the objection that one cannot expect privacy in public facts, I argue that I might have a legitimate privacy interest in public facts that are not readily accessible, or (...)
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  4. Capital Punishment.Mark Tunick - 2006 - In James Ciment (ed.), Social Issues in America: An Encyclopedia. Sharpe Reference. pp. 270-86.
    Reviews the history of the death penalty, traditional arguments for and against it, the contemporary debate including debates over whether it effectively deters, its constitutionality, and international trends in its use.
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  5. Hegel on Justified Disobedience.Mark Tunick - 1998 - Political Theory 26 (4):514-535.
    Hegel for the most part insists we support existing practices: they have endured, have socialized us, are our home. At times Hegel seems to demand conformity, to leave no room for dissent or disobedience. Hegel gives great weight to the authority of the state and of custom. But Hegel does not leave the individual confronted with an unjust state powerless. To Hegel, we are obligated to obey the law if we are at home in the state, if its practices, institutions (...)
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  6. Should We Aim for a Unified and Coherent Theory of Punishment?: Thom Brooks: Punishment. Routledge, New York, 2012, 282 pp., ISBN 978-0-415-43181-1, 978-0-415-43182-8.Mark Tunick - 2016 - Criminal Law and Philosophy 10 (3):611-628.
    Thom Brooks criticizes utilitarian and retributive theories of punishment but argues that utilitarian and retributive goals can be incorporated into a coherent and unified theory of punitive restoration, according to which punishment is a means of reintegrating criminals into society and restoring rights. I point to some difficulties with Brooks’ criticisms of retributive and utilitarian theories, and argue that his theory of punitive restoration is not unified or coherent. I argue further that a theory attempting to capture the complex set (...)
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  7. The Need for Walls: Privacy, Community and Freedom in the Dispossessed.Mark Tunick - 2005 - In Laurence Davis & Peter G. Stillman (eds.), The New Utopian Politics of Ursula K. Le Guin's the Dispossessed. Lexington Books. pp. 129-48.
    The Dispossessed has been described by political thinker Andre Gorz as 'The most striking description I know of the seductions—and snares—of self-managed communist or, in other words, anarchist society.' To date, however, the radical social, cultural, and political ramifications of Le Guin's multiple award-winning novel remain woefully under explored. Editors Laurence Davis and Peter Stillman right this state of affairs in the first ever collection of original essays devoted to Le Guin's novel. Among the topics covered in this wide-ranging, international (...)
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  8. The Scope of Our Natural Duties.Mark Tunick - 1998 - Journal of Social Philosophy 29 (2):87-96.
    The natural duty theory holds that "we have a natural duty to support the laws and institutions of a just state" (Jeremy Waldron). We owe this not because we ever promised to support these laws and institutions, nor because fair play requires we support the cooperative ventures from which we receive benefits. The claim is that we have a general duty to promote institutions that do something justice requires wherever these institutions may be, a duty that does not depend on (...)
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  9. Tolerant Imperialism: J.S. Mill's Defense of British Rule in India.Mark Tunick - 2006 - Review of Politics 68 (4):586-611.
    Some critics of Mill understand him to advocate the forced assimilation of people he regards as uncivilized, and to defend toleration and the principle of liberty only for civilized people of the West. Examination of Mill’s social and political writings and practice while serving the British East India Company shows, instead, that Mill is a ‘tolerant imperialist’: Mill defends interference in India to promote the protection of legal rights, respect and toleration for conflicting viewpoints, and a commercial society that can (...)
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  10. Privacy in Public Places: Do GPS and Video Surveillance Provide Plain Views?Mark Tunick - 2009 - Social Theory and Practice 35 (4):597-622.
    New technologies of surveillance such as Global Positioning Systems (GPS) are increasingly used as convenient substitutes for conventional means of observation. Recent court decisions hold that the government may, without a warrant, use a GPS to track a vehicle’s movements in public places without violating the 4th Amendment, as the vehicle is in plain view and no reasonable expectation of privacy is violated. This emerging consensus of opinions fails to distinguish the unreasonable expectation that we not be seen in public, (...)
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  11. Entrapment and Retributive Theory.Mark Tunick - 2011 - In Mark D. White (ed.), Retributivism: Essays on Theory and Policy. Oxford University Press.
    I address the question, ‘Should a retributivist support an entrapment defense and if so, under what circumstances?’, by considering the culpability of entrapped defendants. An entrapment defense is invoked by defendants who claim they violated the law because they were enticed to crime by the police and would not otherwise have committed the crime. There are different rationales for the defense: people who are normally law abiding, and who are not predisposed to commit crimes, do not commit crimes merely when (...)
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  12. Does privacy undermine community.Mark Tunick - 2001 - Journal of Value Inquiry 35 (4):517-534.
    Does privacy--the condition of being invisible to public scrutiny--in so emphasizing individual rights, undermine community? One objection to privacy is that it is a license to engage in antisocial activity that undermines social norms. Another objection is that privacy encourages isolation and anonymity, also undermining community. Drawing on the political theory of Hegel, I argue that privacy can promote community. Some invasions of privacy can undermine a sort of autonomy essential for maintaining a community. I also discuss what we need (...)
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  13. Privacy in the face of new technologies of surveillance.Mark Tunick - 2000 - Public Affairs Quarterly 14 (3):259-277.
    This article addresses the question of whether an expectation of privacy is reasonable in the face of new technologies of surveillance, by developing a principle that best fits our intuitions. A "no sense enhancement" principle which would rule out searches using technologically sophisticated devices is rejected. The paper instead argues for the "mischance principle," which proscribes uses of technology that reveal what could not plausibly be discovered accidentally without the technology, subject to the proviso that searches that serve a great (...)
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  14. Can Culture Excuse Crime.Mark Tunick - 2004 - Punishment and Society 6:395-409.
    The inability thesis holds that one’s culture determines behavior and can make one unable to comply with the law and therefore less deserving of punishment. Opponents of the thesis reject the view that humans are made physically unable to act certain ways by their cultural upbringing. The article seeks to help evaluate the inability thesis by pointing to a literature in cultural psychology and anthropology presenting empirical evidence of the influence of culture on behavior, and offering conceptual analysis of the (...)
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  15. John Locke and the Right to Bear Arms.Mark Tunick - 2014 - History of Political Thought 35 (1):50-69.
    Recent legal opinions and scholarly works invoke the political philosophy of John Locke, and his claim that there is a natural right of self-defense, to support the view that the 2nd Amendment’s right to bear arms is so fundamental that no state may disarm the people. I challenge this use of Locke. For Locke, we have a right of self-defense in a state of nature. But once we join society we no longer may take whatever measures that seem reasonable to (...)
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  16. Efficiency, Practices, and the Moral Point of View: Limits of Economic Interpretations of Law.Mark Tunick - 2009 - In Mark D. White (ed.), THEORETICAL FOUNDATIONS OF LAW AND ECONOMICS. Cambridge University Press.
    This paper points to some limitations of law and economics as both an explanative and a normative theory. In explaining law as the result of efficiency promoting decisions, law and economics theorists often dismiss the reasons actors in the legal system give for their behavior. Recognizing that sometimes actors may be unaware of why institutions evolve as they do, I argue that the case for dismissing reasons for action is weaker when those reasons make reference to rules of practices that (...)
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  17. Reality TV and the Entrapment of Predators.Mark Tunick - 2012 - In Peter Robson & Jessica Silbey (eds.), Law and Justice on the Small Screen. Hart Publishing. pp. 289-307.
    Dateline NBC’s “To Catch a Predator”(2006-08) involved NBC staff working with police and a watchdog group called “Perverted Justice” to televise “special intensity” arrests of men who were lured into meeting adult decoys posing as young children, presumably for a sexual encounter. As reality television, “To Catch a Predator” facilitates public shaming of those caught in front of the cameras, which distinguishes it from fictional representations. In one case, a Texas District Attorney, Louis Conradt, shot himself on film, unable to (...)
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  18. Commentary to "Turning Virtual Public Spaces into Laboratories".Mark Tunick - 2014 - Analyses of Social Issues and Public Policy 14 (1):371-73.
    Evaluates a criticism based on privacy and other ethical grounds of Bond's study using 61 million persons on Facebook to determine whether political mobilization messages shared on social media can influence voting behavior.
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  19. Ethics, Morality and Law.Mark Tunick - 2002 - In Kermit Hall (ed.), Oxford Companion to American Law. Oxford University Press. pp. 275-77.
    This brief entry discusses the distinction between ethics, law, and morality.
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  20. Hegel's Nonfoundationalism: A Phenomenological Account of the Structure of Philosophy of Right.Mark Tunick - 1994 - History of Philosophy Quarterly 11 (3):317 - 337.
    In the Phenomenology Hegel insists there are no presupposed standards of truth: standards are internal. "Consciousness provides its own criterion from within itself, so that the investigation becomes a comparison of consciousness with itself"(PhdG 84). We need only contemplate "the matter in hand as it is in and for itself"(PhdG 84). The Phenomenology is a characterisation of consciousness taking on increasingly adequate forms, testing its own internal standards against experience. The Philosophy of Right is a search for right, not, as (...)
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  21. Is Kant a retributivist?M. Tunick - 1996 - History of Political Thought 17 (1):60-78.
    Retributivists are often thought to give 'deontological' theories of punishment, arguing that we should punish not for the beneficial consequences of doing so such as deterrence or incapacitation, but purely because justice demands it. Kant is often regarded as the paradigmatic retributivist. In some passages Kant does appear to give a deontological theory of punishment. For example, Kant insists that on an island where all the people were to leave the next day, forever dissolving and dispersing the community, the last (...)
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  22. The Selected Writings of Mark Pettinelli.Mark Pettinelli - manuscript
    The best writing of Mark Pettinelli, about cognitive psychology, cognitive science, etc.
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  23. Hegel's Justification of Hereditary Monarchy.M. Tunick - 1991 - History of Political Thought 12 (3):481.
    Hegel's Rechtsphilosophie is metaphysical, to be sure; but it is also political. To help show this I will make sense, and show the plausibility and relevance, of what appears to be one of the most metaphysical (and bizarre) claims to be found in Hegel's political philosophy: his justification of hereditary monarchy. While among Hegel scholars Hegel's theory of constitutional monarchy has been a focus of heated debate over whether Hegel is a liberal or a conservative; and has recently become a (...)
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  24. Research Notes of Mark Pettinelli.Mark Pettinelli - manuscript
    Research notes of Mark Pettinelli about cognitive science, cognitive psychology.
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  25. The Collected Works of Mark Rozen Pettinelli [2006-2015].Mark Pettinelli - manuscript
    This collection of articles is almost all of the psychological writings of Mark Pettinelli.
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  26. What does it take to "have" a reason?Mark Schroeder - 2011 - In Andrew Evan Reisner & Asbjørn Steglich-Petersen (eds.), Reasons for Belief. New York: Cambridge University Press. pp. 201--22.
    forthcoming in reisner and steglich-peterson, eds., Reasons for Belief If I believe, for no good reason, that P and I infer (correctly) from this that Q, I don’t think we want to say that I ‘have’ P as evidence for Q. Only things that I believe (or could believe) rationally, or perhaps, with justification, count as part of the evidence that I have. It seems to me that this is a good reason to include an epistemic acceptability constraint on evidence (...)
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  27. Stakes, withholding, and pragmatic encroachment on knowledge.Mark Schroeder - 2012 - Philosophical Studies 160 (2):265 - 285.
    Several authors have recently endorsed the thesis that there is what has been called pragmatic encroachment on knowledge—in other words, that two people who are in the same situation with respect to truth-related factors may differ in whether they know something, due to a difference in their practical circumstances. This paper aims not to defend this thesis, but to explore how it could be true. What I aim to do, is to show how practical factors could play a role in (...)
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  28.  79
    Perceptual Reasons and Defeat.Mark Schroeder - 2021 - In Jessica Brown & Mona Simion (eds.), Reasons, Justification, and Defeat. Oxford Oxford: Oxford University Press. pp. 269-284.
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  29. Mental Notes of Mark Pettinelli.Mark Pettinelli - manuscript
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  30.  50
    Rationality in Retrospect.Mark Schroeder - 2022 - Oxford Studies in Metaethics 17:1-26.
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  31. Weighting for a plausible Humean theory of reasons.Mark Schroeder - 2007 - Noûs 41 (1):110–132.
    This paper addresses the two extensional objections to the Humean Theory of Reasons—that it allows for too many reasons, and that it allows for too few. Although I won’t argue so here, manyof the other objections to the Humean Theoryof Reasons turn on assuming that it cannot successfully deal with these two objections.1 What I will argue, is that the force of the too many and the too few objections to the Humean Theorydepend on whether we assume that Humeans are (...)
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  32. The hypothetical imperative?Mark Schroeder - 2005 - Australasian Journal of Philosophy 83 (3):357 – 372.
    According to the standard view, Kant held that hypothetical imperatives are universally binding edicts with disjunctive objects: take-the-means-or-don't-have-the-end. But Kant thought otherwise. He held that they are edicts binding only on some - those who have an end.
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  33. Rational stability under pragmatic encroachment.Mark Schroeder - 2018 - Episteme 15 (3):297-312.
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  34. Common Subject for Ethics.Mark Schroeder - 2021 - Mind 130 (517):85-110.
    The purpose of this paper is to conceptualize and explore what I shall call the Common Subject Problem for ethics. The problem is that there seems to be no good answer to what property everyone who makes moral claims could be talking and thinking about. The Common Subject Problem is not a new problem; on the contrary, I will argue that it is one of the central animating concerns in the history of both metaethics and normative theory. But despite its (...)
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  35. Sins of Thought.Mark Schroeder - 2020 - Faith and Philosophy 37 (3):273-293.
    According to the Book of Common Prayer, we have sinned against God “in thought, word, and deed.” In this paper I’ll explore one way of understanding what it might mean to sin against God in thought—the idea that we can at least potentially wrong God by what we believe. I will be interested in the philosophical tenability of this idea, and particularly in its potential consequences for the epistemology of religious belief and the problem of evil.
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  36. Treating like a child.Mark Schroeder - 2020 - Analytic Philosophy 63 (2):73-89.
    Analytic Philosophy, Volume 63, Issue 2, Page 73-89, June 2022.
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  37. An evaluation of four solutions to the forking paths problem: Adjusted alpha, preregistration, sensitivity analyses, and abandoning the Neyman-Pearson approach.Mark Rubin - 2017 - Review of General Psychology 21:321-329.
    Gelman and Loken (2013, 2014) proposed that when researchers base their statistical analyses on the idiosyncratic characteristics of a specific sample (e.g., a nonlinear transformation of a variable because it is skewed), they open up alternative analysis paths in potential replications of their study that are based on different samples (i.e., no transformation of the variable because it is not skewed). These alternative analysis paths count as additional (multiple) tests and, consequently, they increase the probability of making a Type I (...)
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  38. The Philosophical Work of Mark Sharlow: an Introduction and Guide.Mark F. Sharlow - manuscript
    Provides an overview of Mark Sharlow's philosophical work with summaries of his positions. Includes references and links to his writings.
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  39. Modality and constitution in distinctively mathematical explanations.Mark Povich - 2020 - European Journal for Philosophy of Science 10 (3):1-10.
    Lange argues that some natural phenomena can be explained by appeal to mathematical, rather than natural, facts. In these “distinctively mathematical” explanations, the core explanatory facts are either modally stronger than facts about ordinary causal law or understood to be constitutive of the physical task or arrangement at issue. Craver and Povich argue that Lange’s account of DME fails to exclude certain “reversals”. Lange has replied that his account can avoid these directionality charges. Specifically, Lange argues that in legitimate DMEs, (...)
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  40. Why You'll Regret Not Reading This Paper.Mark Schroeder - 2019 - Royal Institute of Philosophy Supplement 85:135-156.
    In this paper, I explore the role for anticipated regret in major life decision-making, focusing on how it is employed by realistic decision-makers in a variety of realistic cases. I argue that the most obvious answers to how regret might matter in decision do not make these cases intelligible, but that we can make them intelligible through consideration of the significance of narrative in our own self-understanding.
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  41. Is Knowledge Normative?Mark Schroeder - 2015 - Philosophical Issues 25 (1):379-395.
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  42.  80
    Persons as Things.Mark Schroeder - 2019 - Oxford Studies in Normative Ethics 9:95-115.
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  43. Reply to Reasons Latesters.Mark Schroeder - 2024 - Philosophical Studies 181 (2):637-648.
    It is an honor to receive such careful and attentive criticism. In this response, I attempt to put the criticisms of the reasons latesters into the context of my argumentative aims in the book and to point toward how they might be answered.
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  44. Experientialism Unidealized.Mark Schroeder - 2023 - Philosophical Studies 180 (8):2485-2489.
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  45.  88
    Chapter 5 Skeptical-Dogmatism and the Self-Undermining Objection.Mark Walker - 2024 - In Outlines of skeptical-dogmatism: on disbelieving our philosophical views. Lanham: Lexington Books.
    This chapter puts to rest for all of eternity the self-undermining charge against conciliationism.
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  46.  72
    The Truth in Hybrid Semantics.Mark Schroeder - 2014 - In Guy Fletcher & Michael R. Ridge (eds.), Having It Both Ways: Hybrid Theories and Modern Metaethics. New York: Oxford University Press. pp. 273-293.
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  47. The quantum mechanical path integral: Toward a realistic interpretation.Mark Sharlow - 2007
    In this paper, I explore the feasibility of a realistic interpretation of the quantum mechanical path integral - that is, an interpretation according to which the particle actually follows the paths that contribute to the integral. I argue that an interpretation of this sort requires spacetime to have a branching structure similar to the structures of the branching spacetimes proposed by previous authors. I point out one possible way to construct branching spacetimes of the required sort, and I ask whether (...)
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  48. The libertarian argument for reparations.Mark R. Reiff - 2024 - Journal of Social Philosophy:1-30.
    The case for reparations for grievous acts of historical injustice has been getting a lot of attention lately. But I aim to broaden the discussion in two ways. First, I am not only going to talk about reparations as a means of rectifying the injuries inflicted by slavery and the genocide of indigenous peoples, the theft of their land, and the ongoing ripple effects of these historic wrongs. I am also going to talk about reparations for a wider variety of (...)
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  49. Questionable metascience practices.Mark Rubin - 2023 - Journal of Trial and Error 1.
    Metascientists have studied questionable research practices in science. The present article considers the parallel concept of questionable metascience practices (QMPs). A QMP is a research practice, assumption, or perspective that has been questioned by several commentators as being potentially problematic for metascience and/or the science reform movement. The present article reviews ten QMPs that relate to criticism, replication, bias, generalization, and the characterization of science. Specifically, the following QMPs are considered: (1) rejecting or ignoring self-criticism; (2) a fast ‘n’ bropen (...)
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  50. A Scheme Foiled: A Critique of Baron's Account of Extra-mathematical Explanation.Mark Povich - 2023 - Mind 132 (526):479–492.
    Extra-mathematical explanations explain natural phenomena primarily by appeal to mathematical facts. Philosophers disagree about whether there are extra-mathematical explanations, the correct account of them if they exist, and their implications (e.g., for the philosophy of scientific explanation and for the metaphysics of mathematics) (Baker 2005, 2009; Bangu 2008; Colyvan 1998; Craver and Povich 2017; Lange 2013, 2016, 2018; Mancosu 2008; Povich 2019, 2020; Steiner 1978). In this discussion note, I present three desiderata for any account of extra-mathematical explanation and argue (...)
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