Results for 'Brian Z. Tamanaha'

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  1. Realism and Jurisprudence a Contemporary Assessment, A Book Review of Brian Z. Tamanaha's A Realistic Theory of Law. [REVIEW]Kevin Lee - forthcoming - Golden Gate University Law Review.
    Brian Z. Tamanaha has written extensively on realism in jurisprudence, but in his Realistic Theory of Law (2018), he uses "realism" in a commonplace way to ground a rough outline of legal history. While he refers to his method as genealogical, he does not acknowledge the complex tensions in the development of the philosophical use of that term from Nietzsche to Foucault, and the complex epistemological issues that separate them. While the book makes many interesting points, the methodological (...)
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  2. Review: The Powers of the Universe by Brian Swimme.Z. G. ma - 2018 - Asian Research Journal of Arts and Social Sciences 5 (2):01-08.
    This essay presents a review on Brian Swimme’s 3-DVD set of lecture series in the interdisciplinary field of philosophy, cosmology and consciousness. In the eleven 45-minute episodes of a systematic 9-hour immersive program, a set of 12 intercorrelated cosmological powers is proposed on the basis of modern scientific theory. A positive and life-affirming vision of human potential is attained together with a new level of ecological responsibility and relatedness. The interwoven cosmological paradigm compromises with two ancient eastern wisdoms.
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  3. Defending a Functional Kinds Approach to Law.Jan Mihal - 2017 - Australian Journal of Legal Philosophy 42:121-144.
    In this paper, I defend the possibility that law is a functional kind by replying to objections from Leslie Green and Brian Tamanaha. I also show how Kenneth Ehrenberg’s approach to law’s functions in his latest book concedes too much to these objections. A functional kinds approach to law is possible and, for someone interested in showing the importance of law’s functions, preferable. I first explore Tamanaha’s objection and show that the possibility of functional equivalents does not (...)
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  4. Many many problems.Brian Weatherson - 2003 - Philosophical Quarterly 53 (213):481–501.
    Recently four different papers have suggested that the supervaluational solution to the Problem of the Many is flawed. Stephen Schiffer has argued that the theory cannot account for reports of speech involving vague singular terms. Vann McGee and Brian McLaughlin say that theory cannot, yet, account for vague singular beliefs. Neil McKinnon has argued that we cannot provide a plausible theory of when precisifications are acceptable, which the supervaluational theory needs. And Roy Sorensen argues that supervaluationism is inconsistent with (...)
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  5. Introduction: Epistemic modals and epistemic modality.Brian Weatherson & Andy Egan - 2011 - In Andy Egan & Brian Weatherson (eds.), Epistemic Modality. Oxford, GB: Oxford University Press.
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  6. On statistical criteria of algorithmic fairness.Brian Hedden - 2021 - Philosophy and Public Affairs 49 (2):209-231.
    Predictive algorithms are playing an increasingly prominent role in society, being used to predict recidivism, loan repayment, job performance, and so on. With this increasing influence has come an increasing concern with the ways in which they might be unfair or biased against individuals in virtue of their race, gender, or, more generally, their group membership. Many purported criteria of algorithmic fairness concern statistical relationships between the algorithm’s predictions and the actual outcomes, for instance requiring that the rate of false (...)
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  7. Brian O’Connor. (2022). El legado filosófico de Theodor W. Adorno (Trad. Leandro Sánchez Marín).O'Connor Brian & Sánchez Marín Leandro - 2022 - Revista Filosofía (UIS) 21 (2):293-303.
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  8. The Ant Trap: Rebuilding the Foundations of the Social Sciences.Brian Epstein - 2015 - New York, NY: Oxford University Press.
    We live in a world of crowds and corporations, artworks and artifacts, legislatures and languages, money and markets. These are all social objects — they are made, at least in part, by people and by communities. But what exactly are these things? How are they made, and what is the role of people in making them? In The Ant Trap, Brian Epstein rewrites our understanding of the nature of the social world and the foundations of the social sciences. Epstein (...)
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  9. Psychophysical Harmony: A New Argument for Theism.Brian Cutter & Dustin Crummett - forthcoming - Oxford Studies in Philosophy of Religion.
    This paper develops a new argument from consciousness to theism: the argument from psychophysical harmony. Roughly, psychophysical harmony consists in the fact that phenomenal states are correlated with physical states and with one another in strikingly fortunate ways. For example, phenomenal states are correlated with behavior and functioning that is justified or rationalized by those very phenomenal states, and phenomenal states are correlated with verbal reports and judgments that are made true by those very phenomenal states. We argue that psychophysical (...)
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  10. Dimensions of Value.Brian Hedden & Daniel Muñoz - 2024 - Noûs 58 (2):291-305.
    Value pluralists believe in multiple dimensions of value. What does betterness along a dimension have to do with being better overall? Any systematic answer begins with the Strong Pareto principle: one thing is overall better than another if it is better along one dimension and at least as good along all others. We defend Strong Pareto from recent counterexamples and use our discussion to develop a novel view of dimensions of value, one which puts Strong Pareto on firmer footing. We (...)
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  11. Counterfactual Decision Theory.Brian Hedden - 2023 - Mind 132 (527):730-761.
    I defend counterfactual decision theory, which says that you should evaluate an action in terms of which outcomes would likely obtain were you to perform it. Counterfactual decision theory has traditionally been subsumed under causal decision theory as a particular formulation of the latter. This is a mistake. Counterfactual decision theory is importantly different from, and superior to, causal decision theory, properly so called. Causation and counterfactuals come apart in three kinds of cases. In cases of overdetermination, an action can (...)
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  12. Multidimensional Concepts and Disparate Scale Types.Brian Hedden & Jacob M. Nebel - 2024 - Philosophical Review 133 (3):265-308.
    Multidimensional concepts are everywhere, and they are important. Examples include moral value, welfare, scientific confirmation, democracy, and biodiversity. How, if at all, can we aggregate the underlying dimensions of a multidimensional concept F to yield verdicts about which things are Fer than which overall? Social choice theory can be used to model and investigate this aggregation problem. Here, we focus on a particularly thorny problem made salient by this social choice-theoretic framework: the underlying dimensions of a given concept might be (...)
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  13. Racial Justice Requires Ending the War on Drugs.Brian D. Earp, Jonathan Lewis, Carl L. Hart & Walter Veit - 2021 - American Journal of Bioethics 21 (4):4-19.
    Historically, laws and policies to criminalize drug use or possession were rooted in explicit racism, and they continue to wreak havoc on certain racialized communities. We are a group of bioethicists, drug experts, legal scholars, criminal justice researchers, sociologists, psychologists, and other allied professionals who have come together in support of a policy proposal that is evidence-based and ethically recommended. We call for the immediate decriminalization of all so-called recreational drugs and, ultimately, for their timely and appropriate legal regulation. We (...)
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  14. Questioning Contextualism.Brian Weatherson - 2006 - In Stephen Cade Hetherington (ed.), Epistemology futures. New York: Oxford University Press. pp. 133-147.
    I argue that orthodox contextualist theories concerning 'know' make false predictions concerning the proper answers to questions containing 'know'.
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  15. Experimental Philosophical Bioethics and Normative Inference.Brian D. Earp, Jonathan Lewis, Vilius Dranseika & Ivar R. Hannikainen - 2021 - Theoretical Medicine and Bioethics 42 (3-4):91-111.
    This paper explores an emerging sub-field of both empirical bioethics and experimental philosophy, which has been called “experimental philosophical bioethics” (bioxphi). As an empirical discipline, bioxphi adopts the methods of experimental moral psychology and cognitive science; it does so to make sense of the eliciting factors and underlying cognitive processes that shape people’s moral judgments, particularly about real-world matters of bioethical concern. Yet, as a normative discipline situated within the broader field of bioethics, it also aims to contribute to substantive (...)
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  16. The Problem of Nomological Harmony.Brian Cutter & Bradford Saad - forthcoming - Noûs.
    Our universe features a harmonious match between laws and states: applying its laws to its states generates other states. This is a striking fact. Matters might have been otherwise. The universe might have been stillborn in a state unengaged by its laws. The problem of nomological harmony is that of explaining the noted striking fact. After introducing and developing this problem, we canvass candidate solutions and identify some of their virtues and vices. Candidate solutions invoke the likes of a designer, (...)
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  17. За игрой в карты с чертиком Визинга.Brian Rabern & Landon Rabern - 2023 - Kvant 2023 (10):2-6.
    We analyze a solitaire game in which a demon rearranges some cards after each move. The graph edge coloring theorems of K˝onig (1931) and Vizing (1964) follow from the winning strategies developed.
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  18. What good are counterexamples?Brian Weatherson - 2003 - Philosophical Studies 115 (1):1-31.
    Intuitively, Gettier cases are instances of justified true beliefs that are not cases of knowledge. Should we therefore conclude that knowledge is not justified true belief? Only if we have reason to trust intuition here. But intuitions are unreliable in a wide range of cases. And it can be argued that the Gettier intuitions have a greater resemblance to unreliable intuitions than to reliable intuitions. Whats distinctive about the faulty intuitions, I argue, is that respecting them would mean abandoning a (...)
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  19. Sex and Circumcision.Brian D. Earp - 2015 - American Journal of Bioethics 15 (2):43-45.
    What are the effects of circumcision on sexual function and experience? And what does sex—in the sense related to gender—have to do with the ethics of circumcision? Jacobs and Arora (2015) give short shrift to the first of these questions; and they do not seem to have considered the second. In this commentary, I explore the relationship between sex (in both senses) and infant male circumcision, and draw some conclusions about the ongoing debate regarding this controversial practice.
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  20. Can we do without pragmatic encroachment.Brian Weatherson - 2005 - Philosophical Perspectives 19 (1):417–443.
    I consider the problem of how to derive what an agent believes from their credence function and utility function. I argue the best solution of this problem is pragmatic, i.e. it is sensitive to the kinds of choices actually facing the agent. I further argue that this explains why our notion of justified belief appears to be pragmatic, as is argued e.g. by Fantl and McGrath. The notion of epistemic justification is not really a pragmatic notion, but it is being (...)
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  21. The Many-Subjects Argument against Physicalism.Brian Cutter - forthcoming - In Geoffrey Lee & Adam Pautz (eds.), The Importance of Being Conscious. Oxford University Press.
    The gist of the many-subjects argument is that, given physicalism, it’s hard to avoid the absurd result that there are many conscious subjects in your vicinity with more-or-less the same experiences as you. The most promising ways of avoiding this result have a consequence almost as bad: that there are many things in your vicinity that are in a state only trivially different from being conscious, a state with similar normative significance. This paper clarifies and defends three versions of the (...)
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  22. Does religion deserve a place in secular medicine?Brian D. Earp - 2015 - Journal of Medical Ethics 41 (11):865-866.
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  23. From Moral Realism to Axiarchism.Brian Cutter - 2023 - Midwest Studies in Philosophy 47:73-101.
    Moral realism faces a well known genealogical debunking challenge. I argue that the moral realist’s best response may involve abandoning metaphysical naturalism in favor of some form of axiarchism—the view, very roughly, that the natural world is “ordered to the good.” Axiarchism comes in both theistic and non-theistic forms, but all forms agree that the natural world exists and has certain basic features because it is good for it to exist and have those features. I argue that theistic and non-theistic (...)
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  24. Consequentialism and Collective Action.Brian Hedden - 2020 - Ethics 130 (4):530-554.
    Many consequentialists argue that you ought to do your part in collective action problems like climate change mitigation and ending factory farming because (i) all such problems are triggering cases, in which there is a threshold number of people such that the outcome will be worse if at least that many people act in a given way than if fewer do, and (ii) doing your part in a triggering case maximises expected value. I show that both (i) and (ii) are (...)
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  25. Pure Quotation in Linguistic Context.Brian Rabern - 2023 - Journal of Philosophical Logic 52 (2):393-413.
    A common framing has it that any adequate treatment of quotation has to abandon one of the following three principles: (i) The quoted expression is a syntactic constituent of the quote phrase; (ii) If two expressions are derived by applying the same syntactic rule to a sequence of synonymous expressions, then they are synonymous; (iii) The language contains synonymous but distinct expressions. In the following, a formal syntax and semantics will be provided for a quotational language which adheres to all (...)
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  26. The Cliffordian Virtue.Brian Zamulinski - 2013 - European Journal for Philosophy of Religion 5 (3):159--176.
    There is a case to be made for the contention that it is a virtue to have a disposition to try to conform to W. K. Clifford’s ethics of belief. The arguments are not Clifford’s own but new deductive ones. There is also a discussion of some recent criticisms of Clifford. They seldom succeed against Clifford’s original position and never succeed against the case for the Cliffordian virtue. It is pointed out that there need be no conflict between religion and (...)
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  27. A Permissivist Alternative to Encroachment.Z. Quanbeck & Alex Worsnip - forthcoming - Philosophers' Imprint.
    As a slew of recent work in epistemology has brought out, there is a range of cases where there's a strong temptation to say that prudential and (especially) moral considerations affect what we ought to believe. There are two distinct models of how this can happen. On the first, “reasons pragmatist” model, the relevant prudential and moral considerations constitute distinctively practical reasons for (or against) belief. On the second, “pragmatic encroachment” model, the relevant prudential and moral considerations affect what one (...)
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  28. Reply to Blackson.Brian Weatherson - 2016 - Journal of Philosophical Research 41:73-75.
    Thomas Blackson argues that interest-relative epistemologies cannot explain the irrationality of certain choices when the agent has three possible options. I argue that his examples only refute a subclass of interest-relative theories. In particular, they are good objections to theories that say that what an agent knows depends on the stakes involved in the gambles that she faces. But they are not good objections to theories that say that what an agent knows depends on the odds involved in the gambles (...)
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  29. (1 other version)Does MITE Make Right?: On Decision-Making under Normative Uncertainty.Brian Hedden - 2016 - Oxford Studies in Metaethics 11:102-128.
    We typically have to act under uncertainty. We can be uncertain about the relevant descriptive facts, but also about the relevant normative facts. However, the search for a theory of decision-making under normative uncertainty is doomed to failure. First, the most natural proposal for what to do given normative uncertainty faces two devastating problems. Second, the motivations for wanting a theory of what to do given descriptive uncertainty do not carry over to normative uncertainty. Descriptive facts may be inaccessible even (...)
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  30. The AI Ensoulment Hypothesis.Brian Cutter - forthcoming - Faith and Philosophy.
    According to the AI ensoulment hypothesis, some future AI systems will be endowed with immaterial souls. I argue that we should have at least a middling credence in the AI ensoulment hypothesis, conditional on our eventual creation of AGI and the truth of substance dualism in the human case. I offer two arguments. The first relies on an analogy between aliens and AI. The second rests on the conjecture that ensoulment occurs whenever a physical system is “fit to possess” a (...)
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  31. Tracking the Evidence.Brian Weatherson - manuscript
    Comments on Sherri Rousch’s Tracking Truth for the 2006 Philosophy of Science Association conference.
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  32. Running risks morally.Brian Weatherson - 2014 - Philosophical Studies 167 (1):141-163.
    I defend normative externalism from the objection that it cannot account for the wrongfulness of moral recklessness. The defence is fairly simple—there is no wrong of moral recklessness. There is an intuitive argument by analogy that there should be a wrong of moral recklessness, and the bulk of the paper consists of a response to this analogy. A central part of my response is that if people were motivated to avoid moral recklessness, they would have to have an unpleasant sort (...)
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  33. Week Eleven: Objections to Jackson.Brian Weatherson - manuscript
    One of the benefits of the 2D framework we looked at last week was that it explained how we could understand a sentence without knowing which proposition it expressed. And we could do this even if we give an account of understanding which is closely tied to the possible worlds semantics we use to analyse propositions. Really this can be done very easily, without appeal to any high-flying Kripkean cases. In “Analytic Metaphysics” Jackson discusses a very simple case of it. (...)
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  34. Time-Slice Rationality.Brian Hedden - 2015 - Mind 124 (494):449-491.
    I advocate Time-Slice Rationality, the thesis that the relationship between two time-slices of the same person is not importantly different, for purposes of rational evaluation, from the relationship between time-slices of distinct persons. The locus of rationality, so to speak, is the time-slice rather than the temporally extended agent. This claim is motivated by consideration of puzzle cases for personal identity over time and by a very moderate form of internalism about rationality. Time-Slice Rationality conflicts with two proposed principles of (...)
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  35. Disagreements, Philosophical and Otherwise.Brian Weatherson - 2013 - In David Christensen & Jennifer Lackey (eds.), The Epistemology of Disagreement: New Essays. Oxford: Oxford University Press. pp. 54.
    The Equal Weight View of disagreement says that if an agent sees that an epistemic peer disagrees with her about p, the agent should change her credence in p to half way between her initial credence, and the peer’s credence. But it is hard to believe the Equal Weight View for a surprising reason; not everyone believes it. And that means that if one did believe it, one would be required to lower one’s belief in it in light of this (...)
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  36. Pragmatic infallibilism.Brian Kim - 2023 - Asian Journal of Philosophy 2 (2):1-22.
    Infallibilism leads to skepticism, and fallibilism is plagued by the threshold problem. Within this narrative, the pragmatic turn in epistemology has been marketed as a way for fallibilists to address the threshold problem. In contrast, pragmatic versions of infallibilism have been left unexplored. However, I propose that going pragmatic offers the infallibilist a way to address its main problem, the skeptical problem. Pragmatic infallibilism, however, is committed to a shifty view of epistemic certainty, where the strength of a subject’s epistemic (...)
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  37. Anchoring versus Grounding: Reply to Schaffer.Brian Epstein - 2019 - Philosophy and Phenomenological Research 99 (3):768-781.
    In his insightful and challenging paper, Jonathan Schaffer argues against a distinction I make in The Ant Trap (Epstein 2015) and related articles. I argue that in addition to the widely discussed “grounding” relation, there is a different kind of metaphysical determination I name “anchoring.” Grounding and anchoring are distinct, and both need to be a part of full explanations of how facts are metaphysically determined. Schaffer argues instead that anchoring is a species of grounding. The crux of his argument (...)
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  38. (Almost) all evidence is higher-order evidence.Brian Hedden & Kevin Dorst - 2022 - Analysis 82 (3):417-425.
    Higher-order evidence is evidence about what is rational to think in light of your evidence. Many have argued that it is special – falling into its own evidential category, or leading to deviations from standard rational norms. But it is not. Given standard assumptions, almost all evidence is higher-order evidence.
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  39. René Descartes (1596-1650).Baigrie Brian - 1992 - In The Encyclopedia of Cosmology: Historical, Philosophical, and Scientific Foundations of Modern Cosmology. New York: Garland Publishing Company. pp. 160-164.
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  40. Why group mental states are not exhaustively determined by member states.Brian Epstein - 2022 - Philosophical Issues 32 (1):417-433.
    With few exceptions, theorists analyze group attitudes in terms of the attitudes of members. In Epstein 2015, 2019a, 2019b, I argued that this thesis (which I call "MEMBERS ONLY")—and hence any theory that analyzes group attitudes in terms of member attitudes—is mistaken: the attitudes of many groups are ontologically determined by a broader range of factors than member attitudes. My aim in the present paper is to consider new arguments against MEMBERS ONLY. I argue that arguments based on the "hypothesis (...)
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  41. Addiction, Identity, Morality.Brian D. Earp, Joshua August Skorburg, Jim A. C. Everett & Julian Savulescu - 2019 - AJOB Empirical Bioethics 10 (2):136-153.
    Background: Recent literature on addiction and judgments about the characteristics of agents has focused on the implications of adopting a ‘brain disease’ versus ‘moral weakness’ model of addiction. Typically, such judgments have to do with what capacities an agent has (e.g., the ability to abstain from substance use). Much less work, however, has been conducted on the relationship between addiction and judgments about an agent’s identity, including whether or to what extent an individual is seen as the same person after (...)
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  42. Deontology and Descartes’s Demon.Brian Weatherson - 2008 - Journal of Philosophy 105 (9):540-569.
    In his Principles of Philosophy, Descartes says, Finally, it is so manifest that we possess a free will, capable of giving or withholding its assent, that this truth must be reckoned among the first and most common notions which are born with us.
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  43. The Locality and Globality of Instrumental Rationality: The normative significance of preference reversals.Brian Kim - 2014 - Synthese 191 (18):4353-4376.
    When we ask a decision maker to express her preferences, it is typically assumed that we are eliciting a pre-existing set of preferences. However, empirical research has suggested that our preferences are often constructed on the fly for the decision problem at hand. This paper explores the ramifications of this empirical research for our understanding of instrumental rationality. First, I argue that these results pose serious challenges for the traditional decision-theoretic view of instrumental rationality, which demands global coherence amongst all (...)
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  44. Conditionals and indexical relativism.Brian Weatherson - 2009 - Synthese 166 (2):333-357.
    I set out and defend a view on indicative conditionals that I call “indexical relativism ”. The core of the view is that which proposition is expressed by an utterance of a conditional is a function of the speaker’s context and the assessor’s context. This implies a kind of relativism, namely that a single utterance may be correctly assessed as true by one assessor and false by another.
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  45. On the Semantics of Email Addresses.Brian Rabern - manuscript
    At the turn of the century, electronic mail emerged as a core mode of communication, fundamentally transforming the way individuals and organizations interact. In this digital age, one ubiquitous representational device is the email address. Given the importance of email addresses in our lives, it is natural to ask: what do email addresses represent? And how do they represent it? Given that email addresses have a semantic interpretation, and that they have a formal syntax, it is reasonable to assume that (...)
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  46. What are social groups? Their metaphysics and how to classify them.Brian Epstein - 2017 - Synthese 196 (12):4899-4932.
    This paper presents a systematic approach for analyzing and explaining the nature of social groups. I argue against prominent views that attempt to unify all social groups or to divide them into simple typologies. Instead I argue that social groups are enormously diverse, but show how we can investigate their natures nonetheless. I analyze social groups from a bottom-up perspective, constructing profiles of the metaphysical features of groups of specific kinds. We can characterize any given kind of social group with (...)
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  47. Presentism and the objection from being-supervenience.Brian Kierland & Bradley Monton - 2007 - Australasian Journal of Philosophy 85 (3):485-497.
    In this paper, we show that presentism -- the view that the way things are is the way things presently are -- is not undermined by the objection from being-supervenience. This objection claims, roughly, that presentism has trouble accounting for the truth-value of past-tense claims. Our demonstration amounts to the articulation and defence of a novel version of presentism. This is brute past presentism, according to which the truth-value of past-tense claims is determined by the past understood as a fundamental (...)
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  48. If I Could Just Stop Loving You: Anti-Love Biotechnology and the Ethics of a Chemical Breakup.Brian D. Earp, Olga A. Wudarczyk, Anders Sandberg & Julian Savulescu - 2013 - American Journal of Bioethics 13 (11):3-17.
    “Love hurts”—as the saying goes—and a certain amount of pain and difficulty in intimate relationships is unavoidable. Sometimes it may even be beneficial, since adversity can lead to personal growth, self-discovery, and a range of other components of a life well-lived. But other times, love can be downright dangerous. It may bind a spouse to her domestic abuser, draw an unscrupulous adult toward sexual involvement with a child, put someone under the insidious spell of a cult leader, and even inspire (...)
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  49. The Rational Partisan.Brian Hedden - manuscript
    Our politics are increasingly polarised. Polarisation takes many forms. One is increasing clustering or 'ideological consistency,' whereby people hold down-the-line liberal or down-the-line conservative views on a wide range of political issues, even when those issues are orthogonal to each other. Some philosophers think that such clustering is indicative of irrationality, and so if you find yourself in one of several clusters of opinion, you should decrease your confidence that all your political beliefs are true. I argue that the reverse (...)
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  50.  96
    Humean Supervenience.Brian Weatherson - 2015 - In Barry Loewer & Jonathan Schaffer (eds.), A companion to David Lewis. Chichester, West Sussex ;: Wiley-Blackwell. pp. 99–115.
    Humean supervenience is the conjunction of three theses: Truth supervenes on being, Anti‐haecceitism, and Spatiotemporalism. The first clause is a core part of Lewis's metaphysics. The second clause is related to Lewis's counterpart theory. The third clause says there are no fundamental relations beyond the spatiotemporal, or fundamental properties of extended objects. Supervenience is classified into strong modal Humean supervenience, local modal Humean supervenience and familiar modal Humean supervenience which states that: for any two "worlds like ours", if the spatiotemporal (...)
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