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Naturalism and naturalized jurisprudence

In Brian Bix (ed.), Analyzing law: new essays in legal theory. New York: Oxford University Press. pp. 79 (1998)

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  1. Legal Justification by Optimal Coherence.Amalia Amaya - 2011 - Ratio Juris 24 (3):304-329.
    This paper examines the concept of coherence and its role in legal reasoning. First, it identifies some problem areas confronting coherence theories of legal reasoning about both disputed questions of fact and disputed questions of law. Second, with a view to solving these problems, it proposes a coherence model of legal reasoning. The main tenet of this coherence model is that a belief about the law and the facts under dispute is justified if it is “optimally coherent,” that is, if (...)
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  • Experimental and interdisciplinary approaches in philosophy: Methodological caveats.Marco Antonio Azevedo & Jairo Othero - 2015 - Dissertatio 41 (S2):94-118.
    Filósofos, especialmente aqueles que se autodenominam como naturalistas, parecem cada vez mais interessados em realizar pesquisas empíricas. Um caso típico é o da Filosofia Experimental, um campo emergente que faz uso de dados empíricos colhido por meio de inquéritos seguindo os mesmos métodos empregados nas ciências empíricas, nomeadamente na psicologia, a fim de apresentar provas em pesquisas ou argumentos filosóficos. Outro exemplo é oferecido pela participação ativa dos filósofos em grupos de pesquisa interdisciplinares nas neurociências. No entanto, os filósofos não (...)
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  • Naturalism in legal philosophy.Brian Leiter - 2008 - Stanford Encyclopedia of Philosophy.
    The “naturalistic turn” that has swept so many areas of philosophy over the past three decades has also had an impact in the last decade in legal philosophy. Methodological naturalists (M-naturalists) view philosophy as continuous with empirical inquiry in the sciences. Some M-naturalists want to replace conceptual and justificatory theories with empirical and descriptive theories; they take their inspiration from more-or-less Quinean arguments against conceptual analysis and foundationalist programs. Other M-naturalists retain the normative and regulative ambitions of traditional philosophy, but (...)
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  • Naturalism and Moral Realism.Michael C. Rea - 2006 - In Thomas M. Crisp, Matthew Davidson & David Vander Laan (eds.), Knowledge and Reality: Essays in Honor of Alvin Plantinga. Dordrecht: Springer. pp. 215-242.
    My goal in this paper is to show that naturalists cannot reasonably endorse moral realism. My argument will come in two parts. The first part aims to show that any plausible and naturalistically acceptable argument in favor of belief in objective moral properties will appeal in part to simplicity considerations (broadly construed)—and this regardless of whether moral properties are reducible to non-moral properties. The second part argues for the conclusion that appeals to simplicity justify belief in moral properties only if (...)
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  • Naturalism, science and the supernatural.Steve Clarke - 2009 - Sophia 48 (2):127-142.
    There is overwhelming agreement amongst naturalists that a naturalistic ontology should not allow for the possibility of supernatural entities. I argue, against this prevailing consensus, that naturalists have no proper basis to oppose the existence of supernatural entities. Naturalism is characterized, following Leiter and Rea, as a position which involves a primary commitment to scientific methodology and it is argued that any naturalistic ontological commitments must be compatible with this primary commitment. It is further argued that properly applied scientific method (...)
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  • Naturalism and Moral Realism.James Sias - unknown
    My aim is to challenge recent attempts at reconciling moral realism and naturalism by pushing ethical naturalists into a dilemma. According to one horn of the dilemma, ethical naturalists must either build unique facts and properties about divergent social structures into their subvenient sets of natural facts and properties, and so jeopardize the objectivity of moral truths, or insist, in the face of all possible worlds in which people have different moral beliefs than ours, that they are all mistaken—this despite (...)
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  • The Fundamental Naturalistic Impulse: Extending the Reach of Methodological Naturalism.James B. Summers - unknown
    While naturalistic theories have come to dominate the philosophical landscape, there is still little consensus on what “naturalism” means. I trace the origins of contemporary naturalism to a view, called the “fundamental naturalistic impulse,” that originates in Quine’s turn against Carnap and which I take to be necessary for naturalism. In light of this impulse, some “substantively naturalistic” theories are examined: a weak version of non-supernaturalism, Railton’s a posteriori reduction of moral terms, and “Canberra plan” conceptual analyses of moral property (...)
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  • Erratum to: Implications of Indeterminacy: Naturalism in Epistemology and the Philosophy of Law II.Mark Greenberg - 2012 - Law and Philosophy 31 (6):619-642.
    In a circulated but heretofore unpublished 2001 paper, I argued that Leiter's analogy to Quine's 'naturalization of epistemology' does not do the philosophical work Leiter suggests. I revisit the issues in this new essay. I first show that Leiter's replies to my arguments fail. Most significantly, if — contrary to the genuinely naturalistic reading of Quine that I advanced — Quine is understood as claiming that we have no vantage point from which to address whether belief in scientific theories is (...)
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  • Closing Pandora's box: a defence of Alvin Plantinga's epistemology of religious belief.Tyler Dalton McNabb - unknown
    I argue that Alvin Plantinga’s theory of warrant is plausible and that, contrary to the Pandora’s Box objection, there are certain serious world religions that cannot successfully use Plantinga’s epistemology to demonstrate that their beliefs could be warranted in the same way that Christian belief can be warranted. In arguing for, I deploy Ernest Sosa’s Swampman case to show that Plantinga’s proper function condition is a necessary condition for warrant. I then engage three objections to Plantinga’s theory of warrant, each (...)
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  • (1 other version)Classical Realism.Brian Leiter - 2001 - Philosophical Issues 11 (1):244-267.
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  • Implications of Indeterminacy: Naturalism in Epistemology and the Philosophy of Law II. [REVIEW]Mark Greenberg - 2011 - Law and Philosophy 30 (4):453-476.
    In a circulated but heretofore unpublished 2001 paper, I argued that Leiter’s analogy to Quine’s “naturalization of epistemology” does not do the philosophical work Leiter suggests. I revisit the issues in this new essay. I first show that Leiter’s replies to my arguments fail. Most significantly, if – contrary to the genuinely naturalistic reading of Quine that I advanced – Quine is understood as claiming that we have no vantage point from which to address whether belief in scientific theories is (...)
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  • Law and Science — Reflections.Hanina Ben-Menahem & Yemima Ben-Menahem - 1999 - Science in Context 12 (1):227-243.
    This paper construes various positions in the philosophy of science and the philosophy of law as responses to the problem of underdetermination in science and in law. We begin by drawing a close analogy between the successive approaches to this problem in the two fields. In particular, we stress the analogy between conventionalism as a philosophy of science and legal realism as a philosophy of law, and between Putnam's and Dworkin's critiques of these positions. We then challenge the Putnam-Dworkin strategy, (...)
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  • Jurisprudence and Necessity.Danny Priel - 2007 - Canadian Journal of Law and Jurisprudence 20 (1):173-200.
    Much of the work in contemporary jurisprudence is done on the assumption that legal philosophy should find the set of necessary and sufficient conditions that something must have in order to count as law. This essay challenges this view. It examines in detail two versions of this view: the first is the view that jurisprudence should find the necessary features of law and then, from among them, those that are “important” for understanding law. I argue that these two features are (...)
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  • Closet dualism and mental causation.Brian Leiter & Alexander Miller - 1998 - Canadian Journal of Philosophy 28 (2):161-181.
    Serious doubts about nonreductive materialism — the orthodoxy of the past two decades in philosophy of mind — have been long overdue. Jaegwon Kim has done perhaps the most to articulate the metaphysical problems that the new breed of materialists must confront in reconciling their physicalism with their commitment to the autonomy of the mental. Although the difficulties confronting supervenience, multiple-realizability, and mental causation have been recurring themes in his work, only mental causation — in particular, the specter of epiphenomenalism (...)
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  • Naturalism in Epistemology and the Philosophy of Law.Mark Greenberg - 2011 - Law and Philosophy 30 (4):419-451.
    In this paper, I challenge an influential understanding of naturalization according to which work on traditional problems in the philosophy of law should be replaced with sociological or psychological explanations of how judges decide cases. W.V. Quine famously proposed the ‘naturalization of epistemology’. In a prominent series of papers and a book, Brian Leiter has raised the intriguing idea that Quine’s naturalization of epistemology is a useful model for philosophy of law. I examine Quine’s naturalization of epistemology and Leiter’s suggested (...)
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  • Editor’s Introduction.Kenneth Einar Himma - 2011 - Law and Philosophy 30 (4):377-379.
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  • (1 other version)Classical Realism.Brian Leiter - 2001 - Noûs 35 (s1):244 - 267.
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