Results for 'Anvar M. Nurakunov'

957 found
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  1. I Ought, Therefore I Can.Peter B. M. Vranas - 2007 - Philosophical Studies 136 (2):167-216.
    I defend the following version of the ought-implies-can principle: (OIC) by virtue of conceptual necessity, an agent at a given time has an (objective, pro tanto) obligation to do only what the agent at that time has the ability and opportunity to do. In short, obligations correspond to ability plus opportunity. My argument has three premises: (1) obligations correspond to reasons for action; (2) reasons for action correspond to potential actions; (3) potential actions correspond to ability plus opportunity. In the (...)
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  2. New Foundations for Imperative Logic: Pure Imperative Inference.P. B. M. Vranas - 2011 - Mind 120 (478):369-446.
    Imperatives cannot be true, but they can be obeyed or binding: `Surrender!' is obeyed if you surrender and is binding if you have a reason to surrender. A pure declarative argument — whose premisses and conclusion are declaratives — is valid exactly if, necessarily, its conclusion is true if the conjunction of its premisses is true; similarly, I suggest, a pure imperative argument — whose premisses and conclusion are imperatives — is obedience-valid (alternatively: bindingness-valid) exactly if, necessarily, its conclusion is (...)
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  3. Opinion leaders, independence, and Condorcet's Jury Theorem.David M. Estlund - 1994 - Theory and Decision 36 (2):131-162.
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  4. Reflections on a theory of organisms: holism in biology.Walter M. Elsasser - 1987 - Baltimore, Md: Published for the Johns Hopkins Dept. of Earth and Planetary Sciences by the Johns Hopkins University Press.
    Are living organisms--as Descartes argued--just machines? Or is the nature of life such that it can never be fully explained by mechanistic models? In this thought-provoking and controversial book, eminent geophysicist Walter M. Elsasser argues that the behavior of living organisms cannot be reduced to physico-chemical causality. Suggesting that molecular biology today is at the same point as Newtonian physics on the eve of the quantum revolution, Elsasser lays the foundation for a theoretical biology that points the way toward a (...)
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  5. Bayesian epistemic values: focus on surprise, measure probability!J. M. Stern & C. A. De Braganca Pereira - 2014 - Logic Journal of the IGPL 22 (2):236-254.
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  6. Experimental Philosophy, Noisy Intuitions, and Messy Inferences.Jonathan M. Weinberg - 2016 - In Jennifer Nado (ed.), Advances in Experimental Philosophy & Philosophical Methodology. New York: Bloomsbury Academic.
    Much discussion about experimental philosophy and philosophical methodology has been framed in terms of the reliability of intuitions, and even when it has not been about reliability per se, it has been focused on whether intuitions meet whatever conditions they need to meet to be trustworthy as evidence. But really that question cannot be answered independently from the questions, evidence for what theories arrived at by what sorts of inferences? I will contend here that not just philosophy's sources of evidence, (...)
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  7. Democracy without preference.David M. Estlund - 1990 - Philosophical Review 99 (3):397-423.
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  8. On Fat Oppression.G. M. Eller - 2014 - Kennedy Institute of Ethics Journal 24 (3):219-245.
    Contemporary Western societies are obsessed with the “obesity epidemic,” dieting, and fitness. Fat people violate the Western conscience by violating a thinness norm. In virtue of violating the thinness norm, fat people suffer many varied consequences. Is their suffering morally permissible, or even obligatory? In this paper, I argue that the answer is no. I examine contemporary philosophical accounts of oppression and draw largely on the work of Sally Haslanger to generate a set of conditions sufficient for some phenomena to (...)
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  9. Thinking in transition: Nishida Kitaro and Martin Heidegger.Elmar Weinmayr, tr Krummel, John W. M. & Douglas Ltr Berger - 2005 - Philosophy East and West 55 (2):232-256.
    : Two major philosophers of the twentieth century, the German existential phenomenologist Martin Heidegger and the seminal Japanese Kyoto School philosopher Nishida Kitarō are examined here in an attempt to discern to what extent their ideas may converge. Both are viewed as expressing, each through the lens of his own tradition, a world in transition with the rise of modernity in the West and its subsequent globalization. The popularity of Heidegger's thought among Japanese philosophers, despite its own admitted limitation to (...)
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  10. Patient-Funded Trials: Opportunity or Liability?Danielle M. Wenner, Alex John London & Jonathan Kimmelman - 2015 - Cell Stem Cell 17 (2):135-137.
    Patient-funded trials are gaining traction as a means of accelerating clinical translation. However, such trials sidestep mechanisms that promote rigor, relevance, efficiency, and fairness. We recommend that funding bodies or research institutions establish mechanisms for merit review of patient-funded trials, and we offer some basic criteria for evaluating PFT protocols.
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  11. The Satisfaction of the Students on Home-Based Distance Learning in the Philippines.Jayrome L. Nunez, Jahfet N. Nabayra & Jomar M. Urbano - 2024 - Journal of Education in Black Sea Region 9 (2): 27–38.
    Distance education has quickly been integrated into the education system anywhere, and the pandemic has intensified the need for it. The Philippines is just one of the countries that grappled with the effects of the unseen enemy; therefore, leaning mainly to home-based learning just cope to the need for learning and continuity. This study aimed to elicit the satisfaction level of Filipino college students both enrolled in private and public higher education in the country. To proceed with the study, the (...)
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  12. Alfarabi's Imaginative Critique: Overflowing Materialism in Virtuous Community.Joshua M. Hall - 2015 - South African Journal of Philosophy 34 (2):175-192.
    Though currently marginalised in Western philosophy, tenth-century Arabic philosopher Abu Nasr Alfarabi is one of the most important thinkers of the medieval era. In fact, he was known as the ‘second teacher’ (after Aristotle) to philosophers such as Avicenna and Averroes. As this epithet suggests, Alfarabi and his successors engaged in a critical and creative dialogue with thinkers from other historical traditions, including that of the Ancient Greeks, although the creativity of his part is often marginalised as well. In this (...)
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  13. Can an Ontological Pluralist Really be a Realist?J. T. M. Miller - 2016 - Metaphilosophy 47 (3):425-430.
    This article examines whether it is possible to uphold one form of deflationism towards metaphysics, ontological pluralism, whilst maintaining metaphysical realism. The focus therefore is on one prominent deflationist who fits the definition of an ontological pluralist, Eli Hirsch, and his self-ascription as a realist. The article argues that ontological pluralism is not amenable to the ascription of realism under some basic intuitions as to what a “realist” position is committed to. These basic intuitions include a commitment to more than (...)
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  14. The history of quantum mechanics as a decisive argument favoring Einstein over lorentz.R. M. Nugayev - 1985 - Philosophy of Science 52 (1):44-63.
    PHILOSOPHY OF SCIENCE, vol. 52, number 1, pp.44-63. R.M. Nugayev, Kazan State |University, USSR. -/- THE HISTORY OF QUANTUM THEORY AS A DECISIVE ARGUMENT FAVORING EINSTEIN OVER LJRENTZ. -/- Abstract. Einstein’s papers on relativity, quantum theory and statistical mechanics were all part of a single research programme ; the aim was to unify mechanics and electrodynamics. It was this broader program – which eventually split into relativistic physics and quantummmechanics – that superseded Lorentz’s theory. The argument of this paper is (...)
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  15. Intentions in Artifactual Understandings of Law.Kenneth M. Ehrenberg - 2022 - In Luka Burazin, Kenneth Einar Himma, Corrado Roversi & Paweł Banaś (eds.), The Artifactual Nature of Law. Northampton, MA, USA: Edward Elgar Publishing. pp. 16-36.
    The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...)
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  16. The Fair Value of Economic Liberty.Daniel M. Layman - 2015 - Res Publica 21 (4):413-428.
    In Free Market Fairness, John Tomasi tries to show that ‘thick’ economic liberties, including the right to own productive property, are basic liberties. According to Tomasi, the policy-level consequences of protecting economic liberty as basic are essentially libertarian in character. I argue that if economic liberties are basic, just societies must guarantee their fair value to all citizens. And in order to secure the fair value of economic liberty, states must guarantee that citizens of roughly similar dispositions and talents are (...)
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  17. Conflicts among Multinational Ethical and Scientific Standards for Clinical Trials of Therapeutic Interventions.Jacob M. Kolman, Nelda P. Wray, Carol M. Ashton, Danielle M. Wenner, Anna F. Jarman & Baruch A. Brody - 2012 - Journal of Law, Medicine and Ethics 40 (1):99-121.
    There has been a growing concern over establishing norms that ensure the ethically acceptable and scientifically sound conduct of clinical trials. Among the leading norms internationally are the World Medical Association's Declaration of Helsinki, guidelines by the Council for International Organizations of Medical Sciences, the International Conference on Harmonization's standards for industry, and the CONSORT group's reporting norms, in addition to the influential U.S. Federal Common Rule, Food and Drug Administration's body of regulations, and information sheets by the Department of (...)
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  18.  47
    Inclusive Legal Positivism and the Fallibility of Officials.Kenneth M. Ehrenberg - 2024 - In Thomas Bustamante, Saulo M. M. De Matos & André Coelho (eds.), Law, Morality and Judicial Reasoning: Essays on W.J. Waluchow's Jurisprudence and Constitutional Theory. Cham, Switzerland: Springer. pp. 23-40.
    Wil Waluchow has advanced perhaps the most convincing argument in favour of what he eloquently termed ‘inclusive legal positivism’, the view that a given legal system could make legal validity depend on moral truths. This chapter refocuses the case for the opposing view of exclusive positivism on the metaphysical tension in seeing law as an institutional social fact and yet for its validity to depend on something that is not a social fact, developing an understanding of official mistake as a (...)
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  19. Knowledge, Noise, and Curve-Fitting: A methodological argument for JTB?Jonathan M. Weinberg - 2017 - In Rodrigo Borges, Claudio de Almeida & Peter David Klein (eds.), Explaining Knowledge: New Essays on the Gettier Problem. Oxford, United Kingdom: Oxford University Press.
    The developing body of empirical work on the "Gettier effect" indicates that, in general, the presence of a Gettier-type structure in a case makes participants less likely to attribute knowledge in that case. But is that a sufficient reason to diverge from a JTB theory of knowledge? I argue that considerations of good model selection, and worries about noise and overfitting, should lead us to consider that a live, open question. The Gettier effect is perhaps so transient, and so sensitive (...)
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  20. Inconsistency and Ambiguity in Republic IX.Mehmet M. Erginel - 2011 - Classical Quarterly 61 (2):493-520.
    Plato’s view on pleasure in the Republic emerges in the course of developing the third proof of his central thesis that the just man is happier than the unjust. Plato presents it as the “greatest and most decisive” proof of his central thesis, so one might expect to find an abundance of scholarly work on it. Paradoxically, however, this argument has received little attention from scholars, and what has been written on it has generally been harshly critical. I believe that (...)
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  21. Questions of Race in J. S. Mill’s Contributions to Logic.Joshua M. Hall - 2014 - Philosophia Africana 16 (2):73-93.
    This article is part of a larger project in which I attempt to show that Western formal logic, from its inception in Aristotle onward, has both been partially constituted by, and partially constitutive of, what has become known as racism. In contrast to this trend, the present article concerns the major philosopher whose contribution to logic has been perhaps the most derided and marginalized, and yet whose character and politics are, from a contemporary perspective, drastically superior—John Stuart Mill. My approach (...)
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  22. Defending the possibility of a neutral functional theory of law.Kenneth M. Ehrenberg - 2008 - Oxford Journal of Legal Studies 29 (1):91.
    I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...)
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  23. Nerve/Nurses of the Cosmic Doctor: Wang Yang-ming on Self-Awareness as World-Awareness.Joshua M. Hall - 2016 - Asian Philosophy 26 (2):149-165.
    In Philip J. Ivanhoe’s introduction to his Readings from the Lu-Wang School of Neo-Confucianism, he argues convincingly that the Ming-era Neo-Confucian philosopher Wang Yang-ming (1472–1529) was much more influenced by Buddhism (especially Zen’s Platform Sutra) than has generally been recognized. In light of this influence, and the centrality of questions of selfhood in Buddhism, in this article I will explore the theme of selfhood in Wang’s Neo-Confucianism. Put as a mantra, for Wang “self-awareness is world-awareness.” My central image for this (...)
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  24. An Artefactual Theory of Precedent.Kenneth M. Ehrenberg - 2023 - In Timothy Endicott, Hafsteinn Dan Kristjánsson & Sebastian Lewis (eds.), Philosophical Foundations of Precedent. Oxford University Press. pp. 268-280. Translated by Timothy Endicott, Hafsteinn Dan Kristjánsson & Sebastian Lewis.
    This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...)
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  25. Law is not (best considered) an essentially contested concept.Kenneth M. Ehrenberg - 2011 - International Journal of Law in Context 7:209-232.
    I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...)
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  26. Relativism and Self-refutation in the Theaetetus.Mehmet M. Erginel - 2009 - In Brad Inwood (ed.), Oxford Studies in Ancient Philosophy Volume 37. Oxford University Press UK. pp. 1-45.
    Plato argues, at Theaetetus 170e-171c, that Protagoras’ relativism is self-refuting. This argument, known as the ‘exquisite argument’, and its merits have been the subject of much controversy over the past few decades. Burnyeat (1976b) has argued in defense of Plato’s argument, but his reconstruction of the argument has been criticized as question-begging. After offering an interpretation of Protagoras’ relativism, I argue that the exquisite argument is successful, for reasons that Burnyeat hints at but fails to develop sufficiently. I consider Protagorean (...)
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  27. Intimacy and the face of the other: A philosophical study of infant institutionalization and deprivation. Emotion, Space, and Society.E. M. Simms - 2014 - Emotion, Space, and Society 13:80-86.
    The orphans of Romania were participants in what is sometimes called “the forbidden experiment”: depriving human infants of intimacy, affection, and human contact is an inhuman practice. It is an experiment which no ethical researcher would set out to do. This paper examines historical data, case histories, and research findings which deal with early deprivation and performs a phenomenological analysis of deprivation phenomena as they impact emotional and physical development. A key element of deprivation is the absence of intimate relationships (...)
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  28. The Real Significance of Bayle’s Authorship of the Avis.Michael W. Hickson & Thomas M. Lennon - 2009 - British Journal for the History of Philosophy 1 (17):191-205.
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  29. A time for learning and for counting – Egyptians, Greeks and empirical processes in Plato’s Timaeus.Barbara M. Sattler - 2010 - In Richard D. Mohr & Barbara M. Sattler (eds.), One Book, the Whole Universe: Plato's Timaeus Today. Las Vegas: Parmenides. pp. 249-266.
    This paper argues that processes in the sensible realm can be in accord with reason in the Timaeus, since rationality is understood here as being based on regularity, which is conferred onto processes by time. Plato uses two different temporal structures in the Timaeus, associated with the contrast there drawn between Greek and Egyptian approaches to history. The linear order of before and after marks natural processes as rational and underlies the Greek treatment of history. By contrast, a bidirectional temporal (...)
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  30. Diversion Effects, Incentive Effects, and the Goals of Research Ethics Promulgations.Danielle M. Wenner - 2015 - Journal of Law and the Biosciences.
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  31. Plato on the Psychology of Pleasure and Pain.Mehmet M. Erginel - 2011 - Phoenix 65.
    Plato’s account of pleasure in Republic IX has been treated as an ill-conceived and deeply flawed account that Plato thankfully retracted and replaced in the Philebus. I am convinced, however, that this received view of the Republic’s account is false. In this paper, I will not concern myself with whether, or in what way, Plato’s account of pleasure in the Republic falls short of what we find in the Philebus, but will rather focus on the merits of the former. My (...)
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  32. The 'Horseshoe' of Western Science.William M. Goodman - 1984 - Journal of the Indian Council of Philosophical Research 1 (2):41-60.
    A model is proposed for interpreting the course of Western Science’s conception of mathematics from the time of the ancient Greeks to the present day. According to this model, philosophy of science, in general, has traced a horseshoe-shaped curve through time. The ‘horseshoe’ emerges with Pythagoras and other Greek scientists and has curved ‘back’—but not quite back—towards modern trends in philosophy of science, as for example espoused by Bas van Fraassen. Two features of a horseshoe are pertinent to this metaphor: (...)
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  33. Toward a theoretical account of strategy use and sense-making in mathematics problem solving.H. J. M. Tabachneck, K. R. Koedinger & M. J. Nathan - 1994 - In Ashwin Ram & Kurt Eiselt (eds.), Proceedings of the Sixteenth Annual Conference of the Cognitive Science Society: August 13 to 16, 1994, Georgia Institute of Technology. Erlbaum.
    Much problem solving and learning research in math and science has focused on formal representations. Recently researchers have documented the use of unschooled strategies for solving daily problems -- informal strategies which can be as effective, and sometimes as sophisticated, as school-taught formalisms. Our research focuses on how formal and informal strategies interact in the process of doing and learning mathematics. We found that combining informal and formal strategies is more effective than single strategies. We provide a theoretical account of (...)
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  34. Absolute-Brahma: Royce and the Upanishads.Joshua M. Hall - 2014 - Asian Philosophy 24 (2):121-132.
    While acknowledging a certain affinity between his own thought and the Vedanta concept of a world-soul or universal spirit, Josiah Royce nevertheless locates this concept primarily in what he terms the Second Conception of Being—Mysticism. In his early magnum opus, The World and the Individual, Royce utilizes aspects of the Upanishads in order to flesh out his picture of the mystical understanding of and relationship to being. My primary concern in the present investigation is to introduce some nuance into Royce’s (...)
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  35. (1 other version)The Direct Argument for Incompatibilism.David Widerker & Ira M. Schnall - 2014 - In David Widerker & Ira M. Schnall (eds.), David Palmer (ed.) Libertarian Free Will, Oxford University Press, 2014, pp. 88-106. pp. 88-106.
    Peter van Inwagen's Direct Argument (DA) purports to establish the incompatibility of determinism and moral responsibility, without appealing to the notion of avoidability, a notion on whose analysis compatibilists and incompatibilists disagree. Van Inwagen intended DA to refute compatibilism, or at least to shift the burden of proof onto the compatibilist. In this paper, we offer a critical assessment of DA. We examine a variety of objections to DA due to John Fischer and Mark Ravizza, Ishtiyaque Haji, Seth Shabo, Michael (...)
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  36. Mutual benevolence and the theory of happiness.David M. Estlund - 1990 - Journal of Philosophy 87 (4):187-204.
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  37. Ontology and Reason Giving in Law.Kenneth M. Ehrenberg - 2016 - In Paweł Banaś, Adam Dyrda & Tomasz Gizbert-Studnicki (eds.), Metaphilosophy of Law. Portland, Oregon: Hart. pp. 147-158.
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  38. Criticism of individualist and collectivist methodological approaches to social emergence.S. M. Reza Amiri Tehrani - 2023 - Expositions: Interdisciplinary Studies in the Humanities 15 (3):111-139.
    ABSTRACT The individual-community relationship has always been one of the most fundamental topics of social sciences. In sociology, this is known as the micro-macro relationship while in economics it refers to the processes, through which, individual actions lead to macroeconomic phenomena. Based on philosophical discourse and systems theory, many sociologists even use the term "emergence" in their understanding of micro-macro relationship, which refers to collective phenomena that are created by the cooperation of individuals, but cannot be reduced to individual actions. (...)
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  39. Just how expert are “expert” video-game players? Assessing the experience and expertise of video-game players across “action” video-game genres.Andrew J. Latham, Lucy L. M. Patston & Lynette J. Tippett - 2013 - Frontiers in Psychology 4.
    Video-game play (particularly “action” video-games) holds exciting promise as an activity that may provide generalized enhancement to a wide range of perceptual and cognitive abilities (for review see Latham et al., 2013a). However, in this article we make the case that to assess accurately the effects of video-game play researchers must better characterize video-game experience and expertise. This requires a more precise and objective assessment of an individual's video-game history and skill level, and making finer distinctions between video-games that fall (...)
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  40. How Smart is the Appetitive Part of the Soul?Mehmet M. Erginel - 2013 - In Noburu Notomi & Luc Brisson (eds.), The Selected Papers of the Ninth Symposium Platonicum. pp. 204-208.
    In recent years there has been a surge of interest among Plato scholars in the tripartition of the soul in the Republic. Particular attention has been devoted to the nature of the soul-parts, and whether or not each part is agent-like. A key element in this debate has been the question whether or not the non-rational parts have access to significant cognitive and conceptual resources. That this is the case, and that appetite cannot be entirely unreasoning, is the widely accepted (...)
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  41. Plato on Pleasures Mixed with Pains: an Asymmetrical Account.Mehmet M. Erginel - 2019 - Oxford Studies in Ancient Philosophy 56:73-122.
    In this paper I aim to show that the restoration model of pleasure as we find it in Plato’s Gorgias, Republic, Timaeus, and Philebus contain a common psychological core, despite the substantial developments and greater sophistication in the later works. I argue that, contrary to the scholarly consensus, all four dialogues take the necessary condition for pain to be a state of imbalance or disharmony rather than a process of destruction or deterioration. Given that the necessary condition for pleasure is (...)
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  42. LEADING THE WAY THROUGH CHANGE: A STUDY OF TRANSITION OF LEADERSHIP IN IMMACULATE CONCEPTION COLLEGE OF BALAYAN INC.Krisha Nicole L. Genebla, Niel Randle M. Comia, Reynan C. Hernandez, Kean Ivan V. Ople, Jazmin Claire O. Mallari & Jowenie A. Mangarin - 2024 - Get International Research Journal 2 (1):80–101.
    This research explores the crucial role of leadership transitions in educational institutions, particularly at Immaculate Conception College of Balayan, Inc. (ICCBI). Recognizing the profound impact of leadership practices on organizational effectiveness, this study addresses nuanced aspects of employee engagement during transitions. Using a qualitative case study design involving face-to-face interviews, common themes emerge regarding the transition of leadership, such as inclusive decision-making, resistance to new policies, unclear communication, continuity in vision, mission, and commitment, and transparency. The findings underscore the substantial (...)
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  43. The Persistent Puzzle of the Minority Democrat.David M. Estlund - 1989 - American Philosophical Quarterly 26 (2):143 - 151.
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  44. Plato on the Pangs of Love.Mehmet M. Erginel - 2016 - In Mauro Tulli & Michael Erler (eds.), The Selected Papers of the Tenth Symposium Platonicum. pp. 231-236.
    At the heart of Plato’s theory of erōs is the ‘ascent’ of love for an individual body, through several stages, to love of Beauty itself (Symposium 210a-212b). I argue that our understanding of the psychology of this transformation would benefit especially from bringing in Plato’s views on pain from the Republic. For erōs is presented in the Symposium as including sexual desire (207b) as well as love of wisdom (210d), but the Republic takes the former to be a painful desire, (...)
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  45. The Concept of Human Dignity in German and Kenyan Constitutional Law.Rainer Ebert & Reginald M. J. Oduor - 2012 - Thought and Practice: A Journal of the Philosophical Association of Kenya 4 (1):43-73.
    This paper is a historical, legal and philosophical analysis of the concept of human dignity in German and Kenyan constitutional law. We base our analysis on decisions of the Federal Constitutional Court of Germany, in particular its take on life imprisonment and its 2006 decision concerning the shooting of hijacked airplanes, and on a close reading of the Constitution of Kenya. We also present a dialogue between us in which we offer some critical remarks on the concept of human dignity (...)
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  46. The Anarchist Official: A Problem for Legal Positivism.Kenneth M. Ehrenberg - 2011 - Australian Journal of Legal Philosophy 36:89-112.
    I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to exist (...)
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  47. Medical Complicity and the Legitimacy of Practical Authority.Kenneth M. Ehrenberg - 2020 - Ethics, Medicine and Public Health 12.
    If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative authority to (...)
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  48. Law’s Artifactual Nature: How Legal Institutions Generate Normativity.Kenneth M. Ehrenberg - 2015 - In George Pavlakos & Veronica Rodriguez-Blanco (eds.), Reasons and Intentions in Law and Practical Agency. New York: Cambridge University Press. pp. 247-266.
    I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.
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  49. Procedural Justice and Information in Conflict-Resolving Institutions.Kenneth M. Ehrenberg - 2003 - Albany Law Review 67:167-209.
    Notions of procedural justice alone are sufficient to support evidentiary exclusions in a wide variety of legal and law-like institutions that focus on conflict resolution, including courts. Special attention is paid to the relevance and need for exclusion of parties’ own assessments of the value of their claims.
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  50. Less Evidence, Better Knowledge.Kenneth M. Ehrenberg - 2015 - McGill Law Journal 60 (2):173-214.
    In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of juror bias, admitting universal (...)
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