Results for 'Dwight Kenneth Lewis'

951 found
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  1. Anton Wilhelm Amo: The African Philosopher in 18th Europe.Dwight Lewis - 2018 - Blog of The American Philosophical Association.
    Anton Wilhelm Amo (c. 1700 – c. 1750) – born in West Africa, enslaved, and then gifted to the Duke of Braunschweig-Wolfenbüttel – became the first African to earn a Ph.D. in philosophy at a European university. He went on to teach philosophy at the Universities of Halle and Jena. On the 16th of April, 1734, at the University of Wittenberg, he defended his dissertation, De Humanae Mentis Apatheia (On the Impassivity of the Human Mind), in which Amo investigates the (...)
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  2. Race in Early Modern Philosophy. [REVIEW]Dwight Lewis - 2016 - Societate Şi Politică 10 (1):67-69.
    The ethos of Justin Smith’s Nature, Human Nature, & Human Difference is expressed in the narrative of Anton Wilhelm Amo (~1703-53), an African-born​ slave who earned his doctoral degree in Philosophy at a European university and went on to teach at the Universities of Jena and Halle. Smith identifies Amo as a time-marker for diverging interpretations of race: race as inherently tethered to physical difference and race as inherited essential difference. Further, these interpretations of race are fastened to the discourse (...)
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  3. The Question of Inclusion in Philosophy: Alcoff, Mills, and Tremain with LaVine and Lewis.Shelley Tremain, Linda Martín Alcoff, Charles Mills, Matt LaVine & Dwight Lewis - 2020
    A Zoom discussion about racism and ableism in philosophy.
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  4. Anarchism and the Beats.Ed D’Angelo - 2012 - In Sharin N. Elkholy (ed.), The Philosophy of the Beats. The University Press of Kentucky. pp. 227-242.
    The paper charts both the interpersonal connections between historical anarchist figures and the beat poets as well as the philosophical similarities between them. Almost all the beat poets were anarchists, though their politics was secondary to their attempts to transform consciousness. Among the anarchists, the romantic socialist Gustav Landauer, who was especially popular in post-war American anarchist circles, came closest to the political perspective of the beat poets. Like the beats, Landauer was a poet, a pacifist, an anarchist, a communitarian, (...)
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  5. From Past to Present: The Deep History of Kinship.Dwight Read - 2019 - In Integrating Qualitative and Social Science Factors in Archaeological Modelling. Cham: pp. 137-162.
    The term “deep history” refers to historical accounts framed temporally not by the advent of a written record but by evolutionary events (Smail 2008; Shryock and Smail 2011). The presumption of deep history is that the events of today have a history that traces back beyond written history to events in the evolutionary past. For human kinship, though, even forming a history of kinship, let alone a deep history, remains problematic, given limited, relevant data (Trautman et al. 2011). With regard (...)
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  6. From Pan to Homo sapiens: evolution from individual based to group based forms of social cognition.Dwight Read - 2020 - Mind and Society 19 (1):121-161.
    The evolution from pre-human primates to modern Homo sapiens is a complex one involving many domains, ranging from the material to the social to the cognitive, both at the individual and the community levels. This article focuses on a critical qualitative transition that took place during this evolution involving both the social and the cognitive domains. For the social domain, the transition is from the face-to-face forms of social interaction and organization that characterize the non-human primates that reached, with Pan, (...)
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  7. From Experiential-based to Relational-based Forms of Social Organization: A Major Transition in the Evolution of Homo sapiens.Dwight Read - 2010 - In Read Dwight (ed.), Social Brain, Distributed Mind. pp. 199-229.
    The evolutionary trajectory from non-human to human forms of social organization involves change from experiential- to relational-based systems of social interaction. Social organization derived from biologically and experientially grounded social interaction reached a hiatus with the great apes due to an expansion of individualization of behaviour. The hiatus ended with the introduction of relational-based social interaction, culminating in social organization based on cultural kinship. This evolutionary trajectory links biological origins to cultural outcomes and makes evident the centrality of distributed forms (...)
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  8. (1 other version)Lewis, David: Nuevo Trabajo para una Teoría de los Universales [Translation] - Parte I.David Lewis & Diego Morales - 2015 - Ideas Y Valores 64 (157):251-267.
    First part of the translation into Spanish of David Lewis' "New Work for a Theory of Universals", corresponding to the introduction and the first two sections of the original paper. || Primera parte de la traducción al español del trabajo de David Lewis "New Work for a Theory of Universals", correspondiente a la introducción y las dos primeras secciones del artículo original. Artículo original publicado en: Australasian Journal of Philosophy, Vol. 61, No. 4, Dec. 1983, pp. 343-377.
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  9. Is Present Time a Precondition for the Existence of the Material and Public World?Dwight Holbrook - 2015 - Social Epistemology 29 (1):118-144.
    Is Present Time a Precondition for the Existence of the Material and Public World?. . ???aop.label???. doi: 10.1080/02691728.2013.782591.
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  10. Is cultural group selection enough?Dwight Read - 2016 - Behavioral and Brain Sciences 39.
    © Cambridge University Press 2016.Richerson et al. propose cultural group selection as the basis for understanding the evolution of cultural systems. Their proposal does not take into account the nature of cultural idea systems as being constituted at an organizational rather than an individual level. The sealing partners of the Netsilik Inuit exemplify the problem with their account.
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  11. Background Category and Its Place in the Material World.Dwight Holbrook - 2010 - Mind and Matter 8 (2):145-165.
    However robust the mind's cognitive strategies of objectifying and rendering in object terms conscious experience, there is nevertheless that which resists object/substantivity categorization: an exteriority that comes out of perception itself and that is here termed the 'background '. In seeking out, in this inquiry, the non- objectified and non-thingness part of the observed world, we must first of all distinguish this background from such misrepresenta- tions as mere 'seeming '. The background -- while not thing-like or detectable as data (...)
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  12. Group Action Without Group Minds.Kenneth Silver - 2022 - Philosophy and Phenomenological Research 104 (2):321-342.
    Groups behave in a variety of ways. To show that this behavior amounts to action, it would be best to fit it into a general account of action. However, nearly every account from the philosophy of action requires the agent to have mental states such as beliefs, desires, and intentions. Unfortunately, theorists are divided over whether groups can instantiate these states—typically depending on whether or not they are willing to accept functionalism about the mind. But we can avoid this debate. (...)
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  13. Clarence I. Lewis, Il pensiero e l'ordine del mondo, a cura di Sergio Cremaschi.Clarence Irving Lewis & Sergio Volodia Marcello Cremaschi - 1977 - Torino, Italy: Rosenberg & Sellier.
    The editor's introduction discusses Clarence I. Lewis's conceptual pragmatism when compared with post-empiricist epistemology and argues that several Cartesian assumptions play a major role in the work, not unlike those of Logical Positivism. The suggestion is made that the Cartesian legacy still hidden in Logical Positivism turns out to be a rather heavy ballast for Lewis’s project of restructuring epistemology in a pragmatist key. More in detail, the sore point is the nature of inter-subjectivity. For Lewis, no (...)
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  14. Agency and aesthetic identity.Kenneth Walden - 2023 - Philosophical Studies 180 (12):3253-3277.
    Schiller says that “it is only through beauty that man makes his way to freedom.” Here I attempt to defend a claim in the same spirit as Schiller’s but by different means. My thesis is that a person’s autonomous agency depends on their adopting an aesthetic identity. To act, we need to don contingent features of agency, things that structure our practical thought and explain what we do in very general terms but are neither universal nor necessary features of agency (...)
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  15. Legislating Taste.Kenneth Walden - 2023 - Philosophical Quarterly 73 (4):1256-1280.
    My aesthetic judgements seem to make claims on you. While some popular accounts of aesthetic normativity say that the force of these claims is third-personal, I argue that it is actually second-personal. This point may sound like a bland technicality, but it points to a novel idea about what aesthetic judgements ultimately are and what they do. It suggests, in particular, that aesthetic judgements are motions in the collective legislation of the nature of aesthetic activity. This conception is recommended by (...)
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  16. The Fine-Tuning Argument Against the Multiverse.Kenneth Boyce & Philip Swenson - forthcoming - Philosophical Quarterly.
    It is commonly argued that the fact that our universe is fine-tuned for life favors both a design hypothesis as well as a non-teleological multiverse hypothesis. The claim that the fine-tuning of this universe supports a non-teleological multiverse hypothesis has been forcefully challenged however by Ian Hacking and Roger White. In this paper we take this challenge even further by arguing that if it succeeds, then not only does the fine-tuning of this universe fail to support a multiverse hypothesis, but (...)
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  17. Group Epistemology and Structural Factors in Online Group Polarization.Kenneth Boyd - 2023 - Episteme 20 (1):57-72.
    There have been many discussions recently from philosophers, cognitive scientists, and psychologists about group polarization, with online and social media environments in particular receiving a lot of attention, both because of people's increasing reliance on such environments for receiving and exchanging information and because such environments often allow individuals to selectively interact with those who are like-minded. My goal here is to argue that the group epistemologist can facilitate understanding the kinds of factors that drive group polarization in a way (...)
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  18. Epistemically Pernicious Groups and the Groupstrapping Problem.Kenneth Boyd - 2018 - Social Epistemology 33 (1):61-73.
    Recently, there has been growing concern that increased partisanship in news sources, as well as new ways in which people acquire information, has led to a proliferation of epistemic bubbles and echo chambers: in the former, one tends to acquire information from a limited range of sources, ones that generally support the kinds of beliefs that one already has, while the latter function in the same way, but possess the additional characteristic that certain beliefs are actively reinforced. Here I argue, (...)
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  19. Excusing Corporate Wrongdoing and the State of Nature.Kenneth Silver & Paul Garofalo - forthcoming - Academy of Management Review.
    Most business ethicists maintain that corporate actors are subject to a variety of moral obligations. However, there is a persistent and underappreciated concern that the competitive pressures of the market somehow provide corporate actors with a far-reaching excuse from meeting these obligations. Here, we assess this concern. Blending resources from the history of philosophy and strategic management, we demonstrate the assumptions required for and limits of this excuse. Applying the idea of ‘the state of nature’ from Thomas Hobbes, we suggest (...)
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  20. Trusting scientific experts in an online world.Kenneth Boyd - 2022 - Synthese 200 (1):1-31.
    A perennial problem in social epistemology is the problem of expert testimony, specifically expert testimony regarding scientific issues: for example, while it is important for me to know information pertaining to anthropogenic climate change, vaccine safety, Covid-19, etc., I may lack the scientific background required to determine whether the information I come across is, in fact, true. Without being able to evaluate the science itself, then, I need to find trustworthy expert testifiers to listen to. A major project in social (...)
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  21. An Explanationist Defense of Proper Functionalism.Kenneth Boyce & Andrew Moon - 2023 - In Luis R. G. Oliveira (ed.), Externalism about Knowledge. Oxford: Oxford University Press.
    In this chapter, we defend an explanationist version of proper functionalism. After explaining proper functionalism’s initial appeal, we note two major objections to proper functionalism: creatures with no design plan who appear to have knowledge (Swampman) and creatures with malfunctions that increase reliability. We then note how proper functionalism needs to be clarified because there are cases of what we call warrant-compatible malfunction. We then formulate our own view: explanationist proper functionalism, which explains the warrant-compatible malfunction cases and helps to (...)
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  22. Environmental luck and the structure of understanding.Kenneth Boyd - 2020 - Episteme 17 (1):73-87.
    ABSTRACTConventional wisdom holds that there is no lucky knowledge: if it is a matter of luck, in some relevant sense, that one's belief that p is true, then one does not know that p. Here I will argue that there is similarly no lucky understanding, at least in the case of one type of luck, namely environmental luck. This argument has three parts. First, we need to determine how we evaluate whether one has understanding, which requires determining what I will (...)
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  23. Cognition, Algebra, and Culture in the Tongan Kinship Terminology.Giovanni Bennardo & Dwight Read - 2007 - Journal of Cognition and Culture 7 (1-2):49-88.
    We present an algebraic account of the Tongan kinship terminology (TKT) that provides an insightful journey into the fabric of Tongan culture. We begin with the ethnographic account of a social event. The account provides us with the activities of that day and the centrality of kin relations in the event, but it does not inform us of the conceptual system that the participants bring with them. Rather, it is a slice in time of an ongoing dynamic process that links (...)
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  24. Group understanding.Kenneth Boyd - 2019 - Synthese 198 (7):6837-6858.
    While social epistemologists have recently begun addressing questions about whether groups can possess beliefs or knowledge, little has yet been said about whether groups can properly be said to possess understanding. Here I want to make some progress on this question by considering two possible accounts of group understanding, modeled on accounts of group belief and knowledge: a deflationary account, according to which a group understands just in case most or all of its members understand, and an inflationary account, according (...)
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  25. Moral Understanding and Cooperative Testimony.Kenneth Boyd - 2020 - Canadian Journal of Philosophy 50 (1):18-33.
    It is has been argued that there is a problem with moral testimony: testimony is deferential, and basing judgments and actions on deferentially acquired knowledge prevents them from having moral worth. What morality perhaps requires of us, then, is that we understand why a proposition is true, but this is something that cannot be acquired through testimony. I argue here that testimony can be both deferential as well as cooperative, and that one can acquire moral understanding through cooperative testimony. The (...)
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  26. How to Think about the Astrology Research Program: An Essay Considering Emergent Effects.Kenneth Douglas McRitchie - 2023 - Journal of Scientific Exploration 36 (4):706-716.
    As it has been shaped by improvements in its tools and methods, and by its discourse with critics, I describe how the astrological research program has advanced through three stages of modelling and design limitations. Single-factor tests (for example, the many Sun-sign–only experiments that have been published) are typically underdeterministic. Multi-factor tests, unless they are very well designed, can easily become overdeterministic. Chart-matching tests have been vulnerable to confirmation bias errors until the development of a machine-based, whole-chart matching protocol that (...)
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  27. The Poets of Our Lives.Kenneth Walden - 2024 - Journal of Philosophy 121 (5):277-297.
    This article proposes a role for aesthetic judgment in our practical thought. The role is related to those moments when practical reason seems to give out, when it fails to yield a judgment about what to do in the face of a choice we cannot avoid. I argue that these impasses require agents to create, but that not any creativity will do. For we cannot regard a response to one of these problems as arbitrary or capricious if we want to (...)
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  28. 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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  29. The Reliability of Epistemic Intuitions.Kenneth Boyd & Jennifer Nagel - 2014 - In Edouard Machery & Elizabeth O'Neill (eds.), Current Controversies in Experimental Philosophy. New York: Routledge. pp. 109-127.
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  30.  64
    Scientific Constitutive Abduction.Kenneth Aizawa & Drew Headley - manuscript
    Alan Hodgkin and Andrew Huxley used abductive reasoning to draw conclusions about the ionic basis of the action potential. Here we build on that initial proposal. First, we propose that Hodgkin and Huxley’s constitutive abductive reasoning has four features. Second, we argue that Hodgkin and Huxley are not alone in giving such arguments. Tolman, 1948, and Baumgartner, 1960, also gave such arguments. The implication is that such arguments are common enough in science that philosophers of science should pay more attention (...)
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  31. Reason and respect.Kenneth Walden - 2019 - Oxford Studies in Metaethics 15.
    This chapter develops and defends an account of reason: to reason is to scrutinize one’s attitudes by consulting the perspectives of other persons. The principal attraction of this account is its ability to vindicate the unique of authority of reason. The chapter argues that this conception entails that reasoning is a robustly social endeavor—that it is, in the first instance, something we do with other people. It is further argued that such social endeavors presuppose mutual respect on the part of (...)
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  32. Emergence within social systems.Kenneth Silver - 2021 - Synthese 199 (3-4):7865-7887.
    Emergence is typically discussed in the context of mental properties or the properties of the natural sciences, and accounts of emergence within these contexts tend to look a certain way. The emergent property is taken to emerge instantaneously out of, or to be proximately caused by, complex interaction of colocated entities. Here, however, I focus on the properties instantiated by the elements of certain systems discussed in social ontology, such as being a five-dollar bill or a pawn-movement, and I suggest (...)
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  33. Virtual Consumption, Sustainability & Human Well-Being.Kenneth R. Pike & C. Tyler Desroches - 2020 - Environmental Values 29 (3):361-378.
    There is widespread consensus that present patterns of consumption could lead to the permanent impossibility of maintaining those patterns and, perhaps, the existence of the human race. While many patterns of consumption qualify as ‘sustainable’ there is one in particular that deserves greater attention: virtual consumption. We argue that virtual consumption — the experience of authentic consumptive experiences replicated by alternative means — has the potential to reduce the deleterious consequences of real consumption by redirecting some consumptive behavior from shifting (...)
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  34. Peirce on Intuition, Instinct, and Common Sense.Kenneth Boyd & Diana Heney - 2017 - European Journal of Pragmatism and American Philosophy (2).
    In addition to being a founder of American pragmatism, Charles Sanders Peirce was a scientist and an empiricist. A core aspect of his thoroughgoing empiricism was a mindset that treats all attitudes as revisable. His fallibilism seems to require us to constantly seek out new information, and to not be content holding any beliefs uncritically. At the same time, Peirce often states that common sense has an important role to play in both scientific and vital inquiry, and that there cannot (...)
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  35. Determination from Above.Kenneth Silver - 2023 - Philosophical Issues 33 (1):237-251.
    There are many historical concerns about freedom that have come to be deemphasized in the free will literature itself—for instance, worries around the tyranny of government or the alienation of capitalism. It is hard to see how the current free will literature respects these, or indeed how they could even find expression. This paper seeks to show how these and other concerns can be reintegrated into the debate by appealing to a levels ontology. Recently, Christian List and others have considered (...)
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  36. Kant on Propositional Content and Knowledge.Lewis Wang - 2023 - Kant Yearbook 15 (1):175-196.
    This paper explores Kant’s account of propositional content and its implications for the relationship between his notions of knowledge (Wissen) and cognition (Erkenntnis). While previous commentators commonly read Kant as holding a Fregean theory of propositional content, in this paper I argue that Kant’s theory of propositional content aligns more closely with Peter Hanks’ recent account. According to my reading, Kant holds that individual acts of judging are both ontologically and explanatorily prior to propositions or Kantian judgments (Urteil). Furthermore, on (...)
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  37. Testifying understanding.Kenneth Boyd - 2017 - Episteme 14 (1):103-127.
    While it is widely acknowledged that knowledge can be acquired via testimony, it has been argued that understanding cannot. While there is no consensus about what the epistemic relationship of understanding consists in, I argue here that regardless of how understanding is conceived there are kinds of understanding that can be acquired through testimony: easy understanding and easy-s understanding. I address a number of aspects of understanding that might stand in the way of being able to acquire understanding through testimony, (...)
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  38. The objectivity of moral norms is a top-down cultural construct.Burton Voorhees, Dwight Read & Liane Gabora - 2018 - Behavioral and Brain Sciences 41.
    Encultured individuals see the behavioral rules of cultural systems of moral norms as objective. In addition to prescriptive regulation of behavior, moral norms provide templates, scripts, and scenarios regulating the expression of feelings and triggered emotions arising from perceptions of norm violation. These allow regulated defensive responses that may arise as moral idea systems co-opt emotionally associated biological survival instincts.
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  39. Respect for autonomy: Consent doesn’t cut it.Jonathan Lewis - 2023 - Clinical Ethics 18 (2):139-141.
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  40.  23
    (1 other version)Competing Conceptual Inferences and the Limits of Experimental Jurisprudence.Jonathan Lewis - forthcoming - In Kevin P. Tobia (ed.), The Cambridge Handbook of Experimental Jurisprudence. Cambridge University Press.
    Legal concepts can sometimes be unclear, leading to disagreements concerning their contents and inconsistencies in their application. At other times, the legal application of a concept can be entirely clear, sharp, and free of confusions, yet conflict with the ways in which ordinary people or other relevant stakeholders think about the concept. The aim of this chapter is to investigate the role of experimental jurisprudence in articulating and, ultimately, dealing with competing conceptual inferences either within a specific domain (e.g., legal (...)
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  41. The (multiple) realization of psychological and other properties in the sciences.Kenneth Aizawa & Carl Gillett - 2009 - Mind and Language 24 (2):181-208.
    Abstract: There has recently been controversy over the existence of 'multiple realization' in addition to some confusion between different conceptions of its nature. To resolve these problems, we focus on concrete examples from the sciences to provide precise accounts of the scientific concepts of 'realization' and 'multiple realization' that have played key roles in recent debates in the philosophy of science and philosophy of psychology. We illustrate the advantages of our view over a prominent rival account ( Shapiro, 2000 and (...)
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  42. Cow Care in Hindu Animal Ethics.Kenneth R. Valpey - 2019 - Springer Verlag.
    This Open Access book provides both a broad perspective and a focused examination of cow care as a subject of widespread ethical concern in India, and increasingly in other parts of the world. In the face of what has persisted as a highly charged political issue over cow protection in India, intellectual space must be made to bring the wealth of Indian traditional ethical discourse to bear on the realities of current human-animal relationships, particularly those of humans with cows. Dharma, (...)
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  43. Backwards Causation in Social Institutions.Kenneth Silver - 2024 - Erkenntnis 89 (5):1973-1991.
    Whereas many philosophers take backwards causation to be impossible, the few who maintain its possibility either take it to be absent from the actual world or else confined to theoretical physics. Here, however, I argue that backwards causation is not only actual, but common, though occurring in the context of our social institutions. After juxtaposing my cases with a few others in the literature and arguing that we should take seriously the reality of causal cases in these contexts, I consider (...)
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  44. (1 other version)Criminal Proof: Fixed or Flexible?Lewis Ross - 2023 - Philosophical Quarterly (4):1-23.
    Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...)
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  45. The aesthetics of coming to know someone.James H. P. Lewis - 2023 - Philosophical Studies (5-6):1-16.
    This paper is about the similarity between the appreciation of a piece of art, such as a cherished music album, and the loving appreciation of a person whom one knows well. In philosophical discussion about the rationality of love, the Qualities View (QV) says that love can be justified by reference to the qualities of the beloved. I argue that the oft-rehearsed trading-up objection fails to undermine the QV. The problems typically identified by the objection arise from the idea that (...)
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  46. Great Beyond All Comparison.Kenneth Walden - 2023 - In Sarah Buss & Nandi Theunissen (eds.), Rethinking the Value of Humanity. New York, US: OUP Usa. pp. 181-201.
    Many people find comparisons of the value of persons distasteful, even immoral. But what can be said in support of the claim that persons have incomparable worth? This chapter considers an argument purporting to show that the value of persons is incomparable because it is so great—because it is infinite. The argument rests on two claims: that the value of our capacity for valuing must equal or exceed the value of things valued and that our capacity for valuing is unbounded (...)
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  47. Rehabilitating Statistical Evidence.Lewis Ross - 2019 - Philosophy and Phenomenological Research 102 (1):3-23.
    Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms that (...)
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  48. Causal Exclusion and Ontic Vagueness.Kenneth Silver - 2022 - Australasian Journal of Philosophy 100 (1):56-69.
    The Causal Exclusion Problem is raised in many domains, including in the metaphysics of macroscopic objects. If there is a complete explanation of macroscopic effects in terms of the microscopic entities that compose macroscopic objects, then the efficacy of the macroscopic will be threatened with exclusion. I argue that we can avoid the problem if we accept that macroscopic objects are ontically vague. Then, it is indeterminate which collection of microscopic entities compose them, and so information about microscopic entities is (...)
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  49. Morality, Agency, and Other People.Kenneth Walden - 2018 - Ergo: An Open Access Journal of Philosophy 5.
    Constitutivists believe that we can derive universally and unconditionally authoritative norms from the conditions of agency. Thus if c is a condition of agency, then you ought to live in conformity with c no matter what your particular ends, projects, or station. Much has been said about the validity of the inference, but that’s not my topic here. I want to assume it is valid and talk about what I take to be the highest ambition of constitutivism: the prospect of (...)
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  50. 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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