Results for 'Benjamin L. S. Nelson'

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  1. 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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  2.  56
    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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  3. Kant, Coercion, and the Legitimation of Inequality.Benjamin L. McKean - 2019 - Critical Review of International Social and Political Philosophy:1-23.
    Immanuel Kant’s political philosophy has enjoyed renewed attention as an egalitarian alternative to contemporary inequality since it seems to uncompromisingly reassert the primacy of the state over the economy, enabling it to defend the modern welfare state against encroaching neoliberal markets. However, I argue that, when understood as a free-standing approach to politics, Kant’s doctrine of right shares essential features with the prevailing theories that legitimate really existing economic inequality. Like Friedrich Hayek and Milton Friedman, Kant understands the state’s function (...)
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  4. Toward an Inclusive Populism? On the Role of Race and Difference in Laclau’s Politics.B. L. McKean & Benjamin McKean - 2016 - Political Theory 44 (6):797-820.
    Does the recent success of Podemos and Syriza herald a new era of inclusive, egalitarian left populism? Because leaders of both parties are former students of Ernesto Laclau and cite his account of populism as guiding their political practice, this essay considers whether his theory supports hope for a new kind of populism. For Laclau, the essence of populism is an “empty signifier” that provides a means by which anyone can identify with the people as a whole. However, the concept (...)
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  5. Bioportal: Ontologies and Integrated Data Resources at the Click of the Mouse.L. Whetzel Patricia, H. Shah Nigam, F. Noy Natalya, Dai Benjamin, Dorf Michael, Griffith Nicholas, Jonquet Clement, Youn Cherie, Callendar Chris, Coulet Adrien, Barry Smith, Chris Chute & Mark Musen - 2011 - In Proceedings of the 2nd International Conference on Biomedical Ontology, Buffalo, NY. pp. 292-293.
    BioPortal is a Web portal that provides access to a library of biomedical ontologies and terminologies developed in OWL, RDF(S), OBO format, Protégé frames, and Rich Release Format. BioPortal functionality, driven by a service-oriented architecture, includes the ability to browse, search and visualize ontologies (Figure 1). The Web interface also facilitates community-based participation in the evaluation and evolution of ontology content.
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  6. The Use and Abuse of Jus Nexi.Noah Benjamin Novogrodsky - 2012 - Les ateliers de l'éthique/The Ethics Forum 7 (2):50-62.
    This paper uses Shachar’s conception of jus nexi to explore three interrelated ideas. I first contend that Shachar’s analysis of the monetary value of birthright citizenship may be applied to temporary workers, lawful permanent residents and naturalized citizens as an exposé of inherited privilege in diverse communities and as a means of identifying which forms of membership and belonging are worth owning. Second, I use the idea of jus nexi to question which additional work relationships and identity networks that might (...)
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  7.  55
    L'énigme du "vleu" et l'hyper-nominalisme de Goodman.Alexandre Declos - 2019 - Igitur 10 (1):1-27.
    This paper advocates a new reading of Nelson Goodman’s new riddle of induction. According to Ian Hacking, this famous problem conveys a “pure nominalism”, as it grounds Goodman’s denial regarding the existence of natural kinds. While this interpretation is somewhat convincing, it suffers the major flaw of not corresponding to what Goodman himself understood by “nominalism”. Nominalism, in a goodmanian sense, is indeed primarily a technical demand, which stems from the so-called “calculus of individuals”. I argue that this mereological (...)
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  8. Kant's Justification of the Death Penalty Reconsidered.Benjamin S. Yost - 2010 - Kantian Review 15 (2):1-27.
    This paper argues that Immanuel Kant’s practical philosophy contains a coherent, albeit implicit, defense of the legitimacy of capital punishment, one that refutes the most important objections leveled against it. I first show that Kant is consistent in his application of the ius talionis. I then explain how Kant can respond to the claim that death penalty violates the inviolable right to life. To address the most significant objection – the claim that execution violates human dignity – I argue that (...)
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  9.  63
    Editoriale–L'estetica all 'opera. Focus Genette'.Filippo Fimiani & Pierre-Henry Frangne - 2011 - Aisthesis: Pratiche, Linguaggi E Saperi Dell’Estetico 4 (1).
    In the ontology of the artwork and its regimes of existence, Gérard Genette gives but little room to the theory and practice of restoration. However, restoration is seen in relation to the identity of the work itself and to its material and pragmatic temporality and anachronism. In the wake of Nelson Goodman, it is also understood as a form of actuation and implementaion of the aesthetic experience. Starting from these premises, the present essay intends to examine the relationship between (...)
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  10. L'art Désœuvré, Modes D'Emploi. Entre Esthétique Et Théorie de la Restauration.Filippo Fimiani - 2011 - Aisthesis: Pratiche, Linguaggi E Saperi Dell’Estetico 4 (1):52-72.
    In the ontology of the artwork and its regimes of existence, Gérard Genette gives but little room to the theory and practice of restoration. However, restoration is seen in relation to the identity of the work itself and to its material and pragmatic temporality and anachronism. In the wake of Nelson Goodman, it is also understood as a form of actuation and implementaion of the aesthetic experience. Starting from these premises, the present essay intends to examine the relationship between (...)
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  11. Smell's Puzzling Discrepancy: Gifted Discrimination, yet Pitiful Identification.Benjamin D. Young - 2020 - Mind and Language 35 (1):90-114.
    Mind &Language, Volume 35, Issue 1, Page 90-114, February 2020.
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  12.  56
    Between Gandhi and Black Lives Matter: The Interreligious Roots of Civil Rights Activism. [REVIEW]Gail Presbey - forthcoming - The Acorn.
    Azaransky's work highlights the theological contributions of Howard Thurman, Benjamin Mays, William Stuart Nelson, Pauli Murray and Bayard Rustin. She makes a compelling case that each of these thinker-activists needs to be better appreciated for their cutting-edge theological insights based on their thought and life experience with Mohandas Gandhi and his spiritual activism. Each reinterprets their own Christian views based on this larger worldwide experience that they have gained through study and/or travel. In this way they prefigure or (...)
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  13. Language and Emptiness in Chan Buddhism and the Early Heidegger.Eric S. Nelson - 2010 - Journal of Chinese Philosophy 37 (3):472-492.
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  14. Heidegger’s Black Noteboooks: National Socialism. Antisemitism, and the History of Being.Eric S. Nelson - 2017 - Heidegger-Jahrbuch 11:77-88.
    This chapter examines: (1) the Black Notebooks in the context of Heidegger's political engagement on behalf of the National Socialist regime and his ambivalence toward some but not all of its political beliefs and tactics; (2) his limited "critique" of vulgar National Socialism and its biologically based racism for the sake of his own ethnocentric vision of the historical uniqueness of the German people and Germany's central role in Europe as a contested site situated between West and East, technological modernity (...)
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  15. Beyond Sufficiency: G.A. Cohen's Community Constraint on Luck Egalitarianism.Benjamin D. King - 2018 - Kritike 12 (1):215-232.
    G. A. Cohen conceptualizes socialism as luck egalitarianism constrained by a community principle. The latter mitigates certain inequalities to achieve a shared common life. This article explores the plausibility of the community constraint on inequality in light of two related problems. First, if it is voluntary, it fails as a response to “the abandonment objection” to luck egalitarianism, as it would not guarantee imprudent people sufficient resources to avoid deprivation and to function as equal citizens in a democratic society. Contra (...)
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  16. The Scope of Responsibility in Kant's Theory of Free Will.Benjamin Vilhauer - 2010 - British Journal for the History of Philosophy 18 (1):45-71.
    In this paper, I discuss a problem for Kant's strategy of appealing to the agent qua noumenon to undermine the significance of determinism in his theory of free will. I then propose a solution. The problem is as follows: given determinism, how can some agent qua noumenon be 'the cause of the causality' of the appearances of that agent qua phenomenon without being the cause of the entire empirical causal series? This problem has been identified in the literature (Ralph Walker (...)
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  17.  43
    Daoism and Environmental Philosophy: Nourishing Life.Eric S. Nelson - 2020 - London, UK: Routledge.
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  18. The Irrevocability of Capital Punishment.Benjamin S. Yost - 2011 - Journal of Social Philosophy 42 (3):321-340.
    One of the many arguments against capital punishment is that execution is irrevocable. At its most simple, the argument has three premises. First, legal institutions should abolish penalties that do not admit correction of error, unless there are no alternative penalties. Second, irrevocable penalties are those that do not admit of correction. Third, execution is irrevocable. It follows that capital punishment should be abolished. This paper argues for the third premise. One might think that the truth of this premise is (...)
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  19. Retrieving Phenomenology: Introduction to the Special Theme ES Nelson.Eric S. Nelson - 2016 - Frontiers of Philosophy in China 11 (3):329-337.
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  20. An Asymmetrical Approach to Kant's Theory of Freedom.Benjamin Vilhauer - forthcoming - In Dai Heide and Evan Tiffany (ed.), The Idea of Freedom: New Essays on the Interpretation and Significance of Kant's Theory of Freedom.
    Asymmetry theories about free will and moral responsibility are a recent development in the long history of the free will debate. To my knowledge, Kant commentators have not yet explored the possibility of an asymmetrical reconstruction of Kant's theory of freedom, and that will be my goal here. By "free will", I mean the sort of control we would need to be morally responsible for our actions. Kant's term for it is "transcendental freedom", and he refers to the attribution of (...)
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  21. Individuation, Responsiveness, Translation: Heidegger’s Ethics.Eric S. Nelson - 2011 - In Frank Schalow (ed.), Heidegger, Translation, and the Task of Thinking: Essays in Honor of Parvis Emad. Springer.
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  22. Kant's Theory of Motivation: A Hybrid Approach.Benjamin S. Yost - 2017 - Review of Metaphysics 71 (2):293-319.
    To vindicate morality against skeptical doubts, Kant must show that agents can be moved to act independently of their sensible desires. Kant must therefore answer a motivational question: how does an agent get from the cognition that she ought to act morally to acting morally? Affectivist interpretations of Kant hold that agents are moved to act by feelings, while intellectualists appeal to cognition alone. To overcome the significant shortcomings of each view, I develop a hybrid theory of motivation. My central (...)
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  23. Nelson Pike’s Contribution to the Philosophy of Religion.Garrett Pendergraft - 2011 - Philosophia 39 (3):409-431.
    In this paper I attempt to capture the essence of Nelson Pike’s contribution to the philosophy of religion. My summary of his insights will revolve around three general topics: omniscience (and in particular its relation to human freedom), omnipotence (and in particular its relation to the existence of human suffering), and mysticism (with a focus on the question of whether and in what sense mystic visions can be sources of knowledge). Although the details vary in interesting ways, his work (...)
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  24. Rule of Law Abolitionism.Benjamin S. Yost - 2008 - Studies in Law, Politics, and Society.
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  25. The Commitment Account of Hypocrisy.Benjamin Rossi - 2018 - Ethical Theory and Moral Practice 21 (3):553-567.
    Hypocrisy is widely thought to be morally objectionable in a way that undermines the hypocrite’s moral standing to blame others. To wit, we seem to intuitively accept the “Nonhypocrisy Condition:” R has the standing to blame S for some violation of a moral norm N only if R’s blaming S is not hypocritical. This claim has been the subject of intensifying philosophical investigation in recent years. However, we can only understand why hypocrisy is morally objectionable and has an effect on (...)
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  26. Psychopathy, Empathy, and Perspective -Taking Ability in a Community Sample: Implications for the Successful Psychopathy Concept.Jana L. Mullins-Nelson, Randall T. Salekin & Anne-Marie R. Leistico - 2006 - International Journal of Forensic Mental Health 5:133-149.
    This study examined the relationship between psychopathy and two components of empathy including a cognitive component (e.g., perspective-taking ability) and an affective component (e.g., compassion) in a community sample. The Psychopathic Personality Inventory Short Form was used to assess psychopathy and several psychological measures were used to test empathy including the Interpersonal Reactivity Index, the Diagnostic Analysis of Nonverbal Accuracy-2, and the Test of Self Conscious Affect -3. Across instruments, psychopathy (as a unitary construct) appeared to be negligibly correlated with (...)
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  27. A Pragmatist’s Guide to Epistemic Utility.Benjamin Anders Levinstein - 2017 - Philosophy of Science 84 (4):613-638.
    We use a theorem from M. J. Schervish to explore the relationship between accuracy and practical success. If an agent is pragmatically rational, she will quantify the expected loss of her credence with a strictly proper scoring rule. Which scoring rule is right for her will depend on the sorts of decisions she expects to face. We relate this pragmatic conception of inaccuracy to the purely epistemic one popular among epistemic utility theorists.
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  28. The World Picture and its Conflict in Dilthey and Heidegger.Eric S. Nelson - 2011 - Humana Mente 4 (18):19–38.
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  29. Technology and the Way: Buber, Heidegger, and Lao‐Zhuang “Daoism”.Eric S. Nelson - 2014 - Journal of Chinese Philosophy 41 (3-4):307-327.
    I consider the intertextuality between Chinese and Western thought by exploring how images, metaphors, and ideas from the texts associated with Zhuangzi and Laozi were appropriated in early twentieth-century German philosophy. This interest in “Lao-Zhuang Daoism” encompasses a diverse range of thinkers including Buber and Heidegger. I examine how the problematization of utility, usefulness, and “purposiveness” in Zhuangzi and Laozi becomes a key point for their German philosophical reception; how it is the poetic character of the Zhuangzi that hints at (...)
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  30. The Yijing and Philosophy: From Leibniz to Derrida.Eric S. Nelson - 2011 - Journal of Chinese Philosophy 38 (3):377-396.
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  31.  84
    Leibniz and China: Religion, Hermeneutics, and Enlightenment.Eric S. Nelson - 2009 - Religion in the Age of Enlightenment (RAE) 1: 277-300.
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  32.  67
    Leibniz and the Political Theology of the Chinese.Eric S. Nelson - 2017 - In Wenchao Li (ed.), Leibniz and the European Encounters with China: 300 Years of Discours sur la théologie naturelle des Chionois.
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  33.  61
    什么缺失了? 海德格尔《存在与时间》的不完整性与失败.Eric S. Nelson - 2015 - 社会科学辑刊 2015 (1).
    (摘要)在哲学史上,许多学者阐释了《存在与时间》的碎片化和"失败",海德格尔本人对此也提出了三 种阐辛辛《存在与时间》因出版条件导致了偶然的不完整性,这种不完整性后来又作为存在历史的一部分而被提出。在思想(或未思)与偶然的经验意义上或存在者意义上生存着的 "作者"之间,存在着"间隙",关于这个"间隙"的研究表明:在海德格尔的哲学生涯中,他对《存在与时间》的重要性做出的最好阐樨蕴含着一种关于&q uot;生活与著作"之间关系的理解,其中包含对生活经历的批判性理解和反思在内的理解,这种理解不同于海德格尔本人所坚持的更接近于解释学视角和阐择策略的理解。.
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  34.  63
    History as Decision and Event in Heidegger.Eric S. Nelson - 2007 - ARHE 4:97-115.
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  35.  63
    The Human and the Inhuman: Ethics and Religion in the Zhuangzi.Eric S. Nelson - 2014 - Journal of Chinese Philosophy 41 (S1):723-739.
    One critique of the early Daoist texts associated with Laozi and Zhuangzi is that they neglect the human and lack a proper sense of ethical personhood in maintaining the primacy of an impersonal dehumanizing “way.” This article offers a reconsideration of the appropriateness of such negative evaluations by exploring whether and to what extent the ethical sensibility unfolded in the Zhuangzi is aporetic, naturalistic, and/or religious. As an ethos of cultivating life and free and easy wandering by performatively enacting openness (...)
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  36. Introduction: Onto‐Hermeneutics, Ethics, and Nature in the Yijing.Eric S. Nelson - 2011 - Journal of Chinese Philosophy 38 (3):335-338.
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  37.  92
    Recognition and Resentment in the Confucian Analects.Eric S. Nelson - 2013 - Journal of Chinese Philosophy 40 (2):287-306.
    Early Confucian “moral psychology” developed in the context of undoing reactive emotions in order to promote relationships of reciprocal recognition. Early Confucian texts diagnose the pervasiveness of reactive emotions under specific social conditions and respond with the ethical-psychological mandate to counter them in self-cultivation. Undoing negative affects is a basic element of becoming ethically noble, while the ignoble person is fixated on limited self-interested concerns and feelings of being unrecognized. Western ethical theory typically accepts equality and symmetry as conditions of (...)
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  38. Merleau-Ponty’s Immanent Critique of Gestalt Theory.Sheredos Benjamin - 2017 - Human Studies 40 (2):191-215.
    Merleau-Ponty’s appropriation of Gestalt theory in The Structure of Behavior is central to his entire corpus. Yet commentators exhibit little agreement about what lesson is to be learned from his critique, and provide little exegesis of how his argument proceeds. I fill this exegetical gap. I show that the Gestaltist’s fundamental error is to reify forms as transcendent realities, rather than treating them as phenomena of perceptual consciousness. From this, reductivist errors follow. The essay serves not only as a helpful (...)
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  39. China, Nature, and the Sublime in Kant.Eric S. Nelson - 2010 - In Stephen R. Palmquist (ed.), Cultivating Personhood: Kant and Asian Philosophy. Walter de Gruyter. pp. 333--348.
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  40. 科技和道: 布伯, 海德格尔和道家.Eric S. Nelson - 2014 - 长白学刊 2014 (1):9-16.
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  41. 非对称伦理学与世界公民主义宽容悖论.Eric S. Nelson - 2014 - 吉林大学社会科学学报 54 (3):101-107.
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  42. Dilthey, Heidegger und die Hermeneutik des faktischen Lebens.Eric S. Nelson - 2013 - In Scholtz Gunter (ed.), Diltheys Werk und die Wissenschaften. Vandenhoeck & Ruprecht. pp. 97-109.
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  43.  65
    Self-Reflection, Interpretation, and Historical Life in Dilthey.Eric S. Nelson - 2011 - In Hans-Ulrich Lessing, Rudolf A. Makkreel & Riccardo Pozzo (eds.), Recent Contributions to Dilthey’s Philosophy of the Human Sciences.
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  44.  89
    Kant and China: Aesthetics, Race, and Nature.Eric S. Nelson - 2011 - Journal of Chinese Philosophy 38 (4):509-525.
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  45. Impure Phenomenology: Dilthey, Epistemology, and the Task of Interpretive Psychology.Eric S. Nelson - 2010 - Studia Phaenomenologica 10:19-44.
    Responding to critiques of Dilthey's interpretive psychology, I revisit its relation with epistemology and the human sciences. Rather than reducing knowledge to psychology and psychology to subjective understanding, Dilthey articulated the epistemic worth of a psychology involving (1) an impure phenomenology of embodied, historically-situated, and worldly consciousness as individually lived yet complicit with its naturally and socially constituted contexts, (2) experience- and communication-oriented processes of interpreting others, (3) the use of third-person structural-functional analysis and causal explanation, and (4) a recognition (...)
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  46.  63
    Naturalism and Anti-Naturalism in Nietzsche.Eric S. Huma Nelson - 2013 - Archiwum Historii Filozofii I Myśli Społecznej 58.
    Nietzsche has been associated with naturalism due to his arguments that morality, religion, metaphysics, and consciousness are products of natural biological organisms and ultimately natural phenomena. The subject and its mental life are only comprehensible in relation to natural desires, drives, impulses, and instincts. I argue that such typical naturalizing tendencies do not exhaust Nietzsche’s project, since they occur in the context of his critique of “nature” and metaphysical, speculative, and scientific naturalisms. Nietzsche challenges otherworldly projections of this-worldly beings, as (...)
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  47.  52
    Interpreting Dilthey, Edited by Eric S. Nelson[REVIEW]Nabeel Hamid - 2020 - British Journal for the History of Philosophy 28 (1):1-2.
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  48.  62
    On Wittgenstein’s Comparison of Philosophical Methods to Therapies.Benjamin De Mesel - 2015 - International Journal of Philosophical Studies 23 (4):566-583.
    Wittgenstein’s comparison of philosophical methods to therapies has been interpreted in highly different ways. I identify the illness, the patient, the therapist and the ideal of health in Wittgenstein’s philosophical methods and answer four closely related questions concerning them that have often been wrongly answered by commentators. The results of this paper are, first, some answers to crucial questions: philosophers are not literally ill, patients of philosophical therapies are not always philosophers, not all philosophers qualify as therapists, the therapies are (...)
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  49. A Dilemma for Parfit's Conception of Normativity.Benjamin Kiesewetter - 2012 - Analysis 72 (3):466-474.
    In his discussion of normative concepts in the first part of On What Matters (2011), Parfit holds that apart from the ‘ought’ of decisive reason, there are other senses of ‘ought’ which do not imply any reasons. This claim poses a dilemma for his ‘reason-involving conception’ of normativity: either Parfit has to conclude that non-reason-implying ‘oughts’ are not normative. Or else he is forced to accept that normativity needs only to involve ‘apparent reasons’ – a certain kind of hypothetical truths (...)
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  50.  50
    Heidegger, Misch, and the Origins of Philosophy.Eric S. Nelson - 2012 - Journal of Chinese Philosophy 39 (S1):10-30.
    I explore how Heidegger and his successors interpret philosophy as an Occidental enterprise based on a particular understanding of history. In contrast to the dominant monistic paradigm, I return to the plural thinking of Dilthey and Misch, who interpret philosophy as a European and a global phenomenon. This reflects Dilthey's pluralistic understanding of historical life. Misch developed Dilthey's insight by demonstrating the multiple origins of philosophy as critical life‐reflection in its Greek context and in the historical matrices of ancient India (...)
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