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  1. Integrating Clinical Staging and Phenomenological Psychopathology to Add Depth, Nuance, and Utility to Clinical Phenotyping: A Heuristic Challenge.Barnaby Nelson, Patrick D. McGorry & Anthony Vincent Fernandez - 2021 - The Lancet Psychiatry 8 (2):162-168.
    Psychiatry has witnessed a new wave of approaches to clinical phenotyping and the study of psychopathology, including the National Institute of Mental Health’s Research Domain Criteria, clinical staging, network approaches, the Hierarchical Taxonomy of Psychopathology, and the general psychopathology factor, as well as a revival of interest in phenomenological psychopathology. The question naturally emerges as to what the relationship between these new approaches is – are they mutually exclusive, competing approaches, or can they be integrated in some way and used (...)
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  2. Stay in Your (Semantic) Lane: Prudence and the Lexical Sovereignty of Social Groups.Benjamin L. S. Nelson - manuscript
    This paper argues that it is prudentially wise to defer to groups about how they are essentially constituted and defined. After a few words situating the paper in my greater research project (§1), I articulate the kind of deference I have in mind (§2). Then I offer two conditional arguments on why it is epistemically desirable to let other people tell you how they ought to be identified (§3). The first argument is that people are owed lexical sovereignty because denying (...)
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  3. Secret Law Revisited.Benjamin L. S. Nelson - 2019 - Ratio Juris 32 (4):473-486.
    What follows is an attempt to do some conceptual housekeeping around the notion of secret law as provided by Christopher Kutz (2013). First I consider low-salience (or merely obscure) law, suggesting that it fails to capture the legal and moral facts that are at stake in the case which Kutz used to motivate it. Then I outline a theoretical contrast between mere obscurity and secrecy, in contrast to the 'neutral' account of secrecy provided by Sissela Bok (1989). The upshot of (...)
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  4. There is no actual problem of other minds.Benjamin Nelson - manuscript
    I shall argue that you can substantially refute the most persuasive variety of solipsism by taking its most plausible version seriously, and then showing that it is not rational to hold, once one understands the nature of actualist metaphysical commitments.1 In the first section, I argue that the only viable form of solipsism involves de dicto self-reference. In the second, I argue that this position involves a claim of contingent identity, for which some actual worlds are those where solipsism is (...)
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  5. Irrational Intentionality.Benjamin L. S. Nelson - manuscript
    There at least three ways of thinking about rationality: instrumental, substantive, and intentional. By far, the instrumental account is most influential. This essay proposes that intentional rationality can provide substantive accounts with room to breathe, and in a way that is facially distinct from instrumental accounts. I suggest that the intentionality of a judgment is made up of what it is about and the orientation through which it is judged, while irrationality is the subversion of a strict supporting connection between (...)
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  6. Hobbes’s third jurisprudence: legal pragmatism and the dualist menace.Benjamin L. S. Nelson - 2020 - Canadian Journal of Law and Jurisprudence 33 (1).
    This paper explores the possibility that Hobbesian jurisprudence is best understood as a ‘third way’ in legal theory, irreducible to classical natural law or legal positivism. I sketch two potential ‘third theories’ of law -- legal pragmatism and legal dualism -- and argue that, when considered in its broadest sense, Leviathan is best viewed as an example of legal pragmatism. I consider whether this legal pragmatist interpretation can be sustained in the examination of Leviathan’s treatment of civil law, and argue (...)
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  7. A Solidaristic Approach to the Existence and Persistence of Social Kinds.Benjamin L. S. Nelson - manuscript
    In this paper, I outline a theory of social kinds. A general theory of social kinds has to set out at least three conditions: existence conditions, persistence conditions, and identity conditions. For the sake of expediency, I focus on the existence and persistence conditions. The paper is organized just as life: first with existence, then persistence. I argue that anti-realism is more attractive than realism as an account of the existence conditions, despite the fact that realism has been under-appreciated. Then (...)
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  8. Finding Written Law.Benjamin L. S. Nelson - manuscript
    In this paper I argue that textualism is far less attractive as a theory of written law than some of its modern proponents think. For it is not usually sensible to expect the grammatical meaning of a provision to determine its appropriate legal meaning. Factors that are unrelated to grammar in the identification of law (e.g., legal theory, context) do too much of the work. **Draft -- acknowledgments welcome, but please do not cite.**.
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  9. Access, Promulgation, and Propaganda.Benjamin L. S. Nelson - manuscript
    The very idea of promulgation has been given little to no treatment in the philosophy of law. In this exploratory essay, I introduce three possible theories of promulgation: the ‘no-theory theory’ (which treats promulgation as a matter of particular contexts), the ‘conveyance theory’ (which treats promulgation as a function of intellectual good faith interpreters), and ‘agonistic theory’ (which treats promulgation as indistinguishable from propaganda). I suggest that (at least) three kinds of models are consistent with the theories, and can potentially (...)
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  10. Forms of enlightenment in art.Brian R. Nelson - 2010 - Cambridge, England: Open Angle Books.
    Mimesis and the portrayal of reflective life in action : Aristotle's Poetics and Sophocles' Oedipus the King -- The portrayal of reflective life in action in poetry : Shakespeare's dramatization of the poet in Sonnets 1-126 -- The portrayal of reflective life in action in music : Bach's Prelude and Fugue in B flat minor (The Well-Tempered Clavier, Book 1) and Beethoven's String Quartet in A minor, opus 132 -- The portrayal of reflective life in action in painting : discovery (...)
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  11. Sensory Knowledge and Art.Brian R. Nelson - 2017 - Cambridge, England: Open Angle Books.
    The primary intention of this book is to elucidate the relations between sensory perception and art as a form of knowledge. This enables us to understand how different kinds of art are given their meaning not only from observation, resemblance and reason but also from an artist’s sensitivity to the inner form of sensory experience as it is realized in perception, reflection, memory and imagination. By assuming a number of different points of view, Part 1 shows how the physical object (...)
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  12. ‘Care, Simpliciter’ and the Varieties of Empathetic Concern. [REVIEW]Benjamin L. S. Nelson - manuscript
    Nicole Hassoun’s sufficientarian theory is based on a particular conception of caring, which she calls ‘care, simpliciter’. However, ‘care, simpliciter’ is not described in any detail. This essay tries to offer a critical revision of Hassoun’s concept of care in a way that would put the MGL theory on its strongest footing. To that end, I will contrast her view with a taxonomy of care that supplements the accounts of care provided by Stephen Darwall and Lori Gruen. I then put (...)
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