Results for 'Enoch Cheung'

50 found
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  1. Statistical Evidence, Sensitivity, and the Legal Value of Knowledge.David Enoch, Levi Spectre & Talia Fisher - 2012 - Philosophy and Public Affairs 40 (3):197-224.
    The law views with suspicion statistical evidence, even evidence that is probabilistically on a par with direct, individual evidence that the law is in no way suspicious of. But it has proved remarkably hard to either justify this suspicion, or to debunk it. In this paper, we connect the discussion of statistical evidence to broader epistemological discussions of similar phenomena. We highlight Sensitivity – the requirement that a belief be counterfactually sensitive to the truth in a specific way – as (...)
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  2. False Consciousness for Liberals, Part I: Consent, Autonomy, and Adaptive Preferences.David Enoch - 2020 - Philosophical Review 129 (2):159-210.
    The starting point regarding consent has to be that it is both extremely important, and that it is often suspicious. In this article, the author tries to make sense of both of these claims, from a largely liberal perspective, tying consent, predictably, to the value of autonomy and distinguishing between autonomy as sovereignty and autonomy as nonalienation. The author then discusses adaptive preferences, claiming that they suffer from a rationality flaw but that it's not clear that this flaw matters morally (...)
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  3. There is no such thing as doxastic wrongdoing.David Enoch & Levi Spectre - forthcoming - Philosophical Perspectives.
    People are often offended by beliefs, expect apologies for beliefs, apologize for their own beliefs. In many mundane cases, people are morally criticized for their beliefs. Intuitively, then, beliefs seem to sometimes wrong people. Recently, the philosophical literature has picked up on this theme, and has started to discuss it under the heading of doxastic wrongdoing. In this paper we argue that despite the strength of such initial intuitions, at the end of the day they have to be rejected. If (...)
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  4. How Are Basic Belief-Forming Methods Justified?David Enoch & Joshua Schechter - 2008 - Philosophy and Phenomenological Research 76 (3):547–579.
    In this paper, we develop an account of the justification thinkers have for employing certain basic belief-forming methods. The guiding idea is inspired by Reichenbach's work on induction. There are certain projects in which thinkers are rationally required to engage. Thinkers are epistemically justified in employing any belief-forming method such that "if it doesn't work, nothing will" for successfully engaging in such a project. We present a detailed account based on this intuitive thought and address objections to it. We conclude (...)
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  5. Statistical resentment, or: what’s wrong with acting, blaming, and believing on the basis of statistics alone.David Enoch & Levi Spectre - 2021 - Synthese 199 (3-4):5687-5718.
    Statistical evidence—say, that 95% of your co-workers badmouth each other—can never render resenting your colleague appropriate, in the way that other evidence (say, the testimony of a reliable friend) can. The problem of statistical resentment is to explain why. We put the problem of statistical resentment in several wider contexts: The context of the problem of statistical evidence in legal theory; the epistemological context—with problems like the lottery paradox for knowledge, epistemic impurism and doxastic wrongdoing; and the context of a (...)
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  6. Sensitivity, safety, and the law: A reply to Pardo.David Enoch & Levi Spectre - 2019 - Legal Theory 25 (3):178-199.
    ABSTRACTIn a recent paper, Michael Pardo argues that the epistemic property that is legally relevant is the one called Safety, rather than Sensitivity. In the process, he argues against our Sensitivity-related account of statistical evidence. Here we revisit these issues, partly in order to respond to Pardo, and partly in order to make general claims about legal epistemology. We clarify our account, we show how it adequately deals with counterexamples and other worries, we raise suspicions about Safety's value here, and (...)
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  7. Does legal epistemology rest on a mistake? On fetishism, two‐tier system design, and conscientious fact‐finding.David Enoch, Talia Fisher & Levi Spectre - 2021 - Philosophical Issues 31 (1):85-103.
    Philosophical Issues, Volume 31, Issue 1, Page 85-103, October 2021.
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  8. Against Utopianism: Noncompliance and Multiple Agents.David Enoch - 2018 - Philosophers' Imprint 18.
    Does it count against a normative theory in political philosophy that it is in some important sense infeasible, that its prescriptions are unlikely to be complied with? Though a positive answer seems plausible, it has proved hard to defend against the claim that this is not how normative theories work - noncompliance shows a problem with the noncomplying agents, not with the normative theory. I think that this line of thought - this defense of Utopianism - wins the battle but (...)
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  9. What do you mean “This isn’t the question”?David Enoch & Tristram McPherson - 2017 - Canadian Journal of Philosophy 47 (6):820-840.
    This is a contribution to the symposium on Tim Scanlon’s Being Realistic about Reasons. We have two aims here: First, we ask for more details about Scanlon’s meta-metaphysical view, showing problems with salient clarifications. And second, we raise independent objections to the view – to its explanatory productivity, its distinctness, and the argumentative support it enjoys.
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  10.  37
    Greed, Self-Interest and Business Ethics–A Comparative Discussion of Gandhi and Novak.Daniel Cheung & Jacob N. Bauer - 2021 - Journal of Religion and Business Ethics 4 (2):19.
    Today it is commonly believed that capitalism is driven by greed. However, greed is condemned by various religious traditions. In this paper we compare how Mahatma Gandhi, a Hindu, and Michael Novak, a Catholic, see the possibilities of engaging in competitive business practice without the motive of greed. This discussion suggests a need to distinguish greed from self-interest. We therefore analyze whether it makes a difference in moral evaluation to claim that the real driving force of capitalism is self-interest but (...)
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  11. Holism, Narrative, and Paradox: New Criteria for Settling Disputes in Personal Identity.Jaron Cheung - 2023 - Journal of Cognition and Neuroethics 9 (2):1-20.
    This paper introduces three new criteria that a theory of personal identity ought to satisfy: (1) material holism, (2) narrative unity, and (3) narrative integrity. Material holism guards against the undesirable consequence of positing the person as part and existentially distinct from the organismal whole, of which it is dependent and interconnected. Narrative unity ensures that continuity between the beginning, middle, and end of a human life is sufficiently accounted for. Narrative integrity secures fidelity and congruence between each part and (...)
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  12. Miracle as Natural: A Contemporary Chinese American Religious Healer.Kin Cheung - 2022 - In Karen R. Zwier, David L. Weddle & Timothy D. Knepper (eds.), Miracles: An Exercise in Comparative Philosophy of Religion. Springer. pp. 131-154.
    I apply the Buddhist and Chinese religious understandings of miracles as natural events to a contemporary Chinese American religious healer who employs Buddhist spells, qigong, and a range of Chinese medical arts to successfully treat conditions such as a golf-ball-sized cancerous tumor, a balance and memory disorder, and stroke-induced facial hemiparesis. In doing so, I build upon the work of anthropologists and historians to do comparative philosophy on the theoretical categories of and boundaries among miracles, the natural, the supernatural, healing, (...)
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  13. Ethical Implications of Upāya-Kauśalya: Helping Without Imposing.Kin Cheung - 2015 - Journal of Buddhist Ethics 22 (2015):371-399.
    Upāya-kauśalya has been examined as a hermeneutical device, a Mahāyānic innovation, and a philosophy of practice. Although the paternalism of upāya-kauśalya employed in the Lotus Sūtra has been analyzed, there is little attention paid to bringing these ethical implications into a practical context. There is a tension between the motivation, even obligation, to help, and the potential dangers of projecting or imposing one’s conception of what is best for others or how best to help. I examine this issue through various (...)
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  14. Meaning and Justification: The Case of Modus Ponens.Joshua Schechter & David Enoch - 2006 - Noûs 40 (4):687 - 715.
    In virtue of what are we justified in employing the rule of inference Modus Ponens? One tempting approach to answering this question is to claim that we are justified in employing Modus Ponens purely in virtue of facts concerning meaning or concept-possession. In this paper, we argue that such meaning-based accounts cannot be accepted as the fundamental account of our justification.
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  15. One: but not the same.John Schwenkler, Nick Byrd, Enoch Lambert & Matthew Taylor - 2021 - Philosophical Studies (6).
    Ordinary judgments about personal identity are complicated by the fact that phrases like “same person” and “different person” have multiple uses in ordinary English. This complication calls into question the significance of recent experimental work on this topic. For example, Tobia (2015) found that judgments of personal identity were significantly affected by whether the moral change described in a vignette was for the better or for the worse, while Strohminger and Nichols (2014) found that loss of moral conscience had more (...)
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  16. Enoch’s Defense of Robust Meta-Ethical Realism.Gunnar Björnsson & Ragnar Francén Olinder - 2016 - Journal of Moral Philosophy 13 (1):101–112.
    Taking Morality Seriously is David Enoch’s book-length defense of meta-ethical and meta-normative non-naturalist realism. After describing Enoch’s position and outlining the argumentative strategy of the book, we engage in a critical discussion of what we take to be particularly problematic central passages. We focus on Enoch’s two original positive arguments for non-naturalist realism, one argument building on first order moral implications of different meta-ethical positions, the other attending to the rational commitment to normative facts inherent in practical (...)
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  17. Wishful Thinking in Moral Theorizing: Comment on Enoch.Rob van Someren Greve - 2011 - Utilitas 23 (4):447-450.
    David Enoch recently defended the idea that there are valid inferences of the form ‘it would be good if p, therefore, p’. I argue that Enoch's proposal allows us to infer the absurd conclusion that ours is the best of all possible worlds.
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  18. Explanatory Indispensability and Deliberative Indispensability: Against Enoch's Analogy.Alex Worsnip - 2016 - Thought: A Journal of Philosophy 5 (4):226-235.
    In this note, I discuss David Enoch's influential deliberative indispensability argument for metanormative realism, and contend that the argument fails. In doing so, I uncover an important disanalogy between explanatory indispensability arguments and deliberative indispensability arguments, one that explains how we could accept the former without accepting the latter.
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  19. David Enoch, Taking Morality Seriously: A Defense of Robust Realism , pp. xi + 295. [REVIEW]Knut Olav Skarsaune - 2015 - Utilitas 27 (4):487-490.
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  20. Disagreeing about how to disagree.Kate Manne & David Sobel - 2014 - Philosophical Studies 168 (3):823-34.
    David Enoch, in Taking Morality Seriously, argues for a broad normative asymmetry between how we should behave when disagreeing about facts and how we should behave when disagreeing due to differing preferences. Enoch claims that moral disputes have the earmarks of a factual dispute rather than a preference dispute and that this makes more plausible a realist understanding of morality. We try to clarify what such claims would have to look like to be compelling and we resist his (...)
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  21. The limits of the just-too-different argument.Ragnar Francén & Victor Moberger - 2024 - Ratio 37 (1):64-75.
    According to moral non-naturalism, the kind of genuine or robust normativity that is characteristic of moral requirements cannot be accounted for within a wholly naturalistic worldview, but requires us to posit a domain of non-natural properties and facts. The main argument for this core non-naturalist claim appeals to what David Enoch calls the 'just-too-different intuition'. According to Enoch, robust normativity cannot be natural, since it is just too different from anything natural. Derek Parfit makes essentially the same claim (...)
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  22. Deliberative Indispensability and Epistemic Justification.Tristram McPherson & David Plunkett - 2010 - In Russ Shafer-Landau (ed.), Oxford Studies in Metaethics. Oxford: Oxford University Press. pp. 104-133.
    Many of us care about the existence of ethical facts because they appear crucial to making sense of our practical lives. On one tempting line of thought, this idea can also play a central role in justifying our belief in those facts. David Enoch has developed this thought into a formidable new proposal in moral epistemology: that the deliberative indispensability of ethical facts gives us epistemic justification for believing in such facts. This chapter argues that Enoch’s proposal fails (...)
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  23. Constitutivism and the Inescapability of Agency.Luca Ferrero - 2009 - Oxford Studies in Metaethics 4:303-333.
    Constitutivism argues that the source of the categorical force of the norms of rationality and morality lies in the constitutive features of agency. A systematic failure to be guided by these norms would amount to a loss or lack of agency. Since we cannot but be agents, we cannot but be unconditionally guided by these norms. The constitutivist strategy has been challenged by David Enoch. He argues that our participation in agency is optional and thus cannot be a source (...)
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  24. Deliberative Indispensability and Epistemic Justification.Tristram McPherson - 2015 - In Russ Shafer-Landau (ed.), Oxford Studies in Metaethics, vol. 10. Oxford University Press. pp. 104-133.
    Many of us care about the existence of ethical facts because such facts appear crucial to making sense of our practical lives. On one tempting line of thought, this idea does more than raise the metaethical stakes: it can also play a central role in justifying our belief in those facts. In recent work, David Enoch has developed this tempting thought into a formidable new proposal in moral epistemology, that aims to explain how the deliberative indispensability of ethical facts (...)
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  25. Legal Facts and Reasons for Action: Between Deflationary and Robust Conceptions of Law’s Reason-Giving Capacity.Noam Gur - 2019 - In Frederick Schauer, Christoph Bezemek & Nicoletta Bersier Ladavac (eds.), The Normative Force of the Factual: Legal Philosophy Between is and Ought. Springer Verlag. pp. 151-170.
    This chapter considers whether legal requirements can constitute reasons for action independently of the merits of the requirement at hand. While jurisprudential opinion on this question is far from uniform, sceptical views are becoming increasingly dominant. Such views typically contend that, while the law can be indicative of pre-existing reasons, or can trigger pre-existing reasons into operation, it cannot constitute new reasons. This chapter offers support to a somewhat less sceptical position, according to which the fact that a legal requirement (...)
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  26. Truth, knowledge, and the standard of proof in criminal law.Clayton Littlejohn - 2020 - Synthese 197 (12):5253-5286.
    Could it be right to convict and punish defendants using only statistical evidence? In this paper, I argue that it is not and explain why it would be wrong. This is difficult to do because there is a powerful argument for thinking that we should convict and punish defendants using statistical evidence. It looks as if the relevant cases are cases of decision under risk and it seems we know what we should do in such cases (i.e., maximize expected value). (...)
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  27. The Shmagency Question.Matthew Silverstein - 2015 - Philosophical Studies 172 (5):1127-1142.
    Constitutivists hope to locate the foundations of ethics in the nature of action. They hope to find norms that are constitutive of agency. Recently David Enoch has argued that even if there are such norms, they cannot provide the last word when it comes to normativity, since they cannot tell us whether we have reason to be agents rather than shmagents. I argue that the force of the shmagency objection has been considerably overestimated, because philosophers on both sides of (...)
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  28. When are choices, actions, and consent based on adaptive preferences nonautonomous?Richard Pettigrew - manuscript
    Adaptive preferences give rise to puzzles in ethics, political philosophy, decision theory, and the theory of action. Like our other preferences, adaptive preferences lead us to make choices, take action, and give consent. In 'False Consciousness for Liberals', recently published in The Philosophical Review, David Enoch (2020) proposes a criterion by which to identify when these choices, actions, and acts of consent are less than fully autonomous; that is, when they suffer from what Natalie Stoljar (2014) calls an 'autonomy (...)
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  29. What Makes Requests Normative? The Epistemic Account Defended.Daniel Weltman - 2022 - Ergo: An Open Access Journal of Philosophy 9 (64):1715-43.
    This paper defends the epistemic account of the normativity of requests. The epistemic account says that a request does not create any reasons and thus does not have any special normative power. Rather, a request gives reasons by revealing information which is normatively relevant. I argue that compared to competing accounts of request normativity, especially those of David Enoch and James H.P. Lewis, the epistemic account gives better answers to cases of insincere requests, is simpler, and does a better (...)
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  30. Zetetic indispensability and epistemic justification.Mikayla Kelley - 2024 - Philosophical Studies 181 (4):671-688.
    Robust metanormative realists think that there are irreducibly normative, metaphysically heavy normative facts. One might wonder how we could be epistemically justified in believing that such facts exist. In this paper, I offer an answer to this question: one’s belief in the existence of robustly real normative facts is epistemically justified because so believing is indispensable to being a successful inquirer for creatures like us. The argument builds on Enoch's (2007, 2011) deliberative indispensability argument for Robust Realism but avoids (...)
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  31. Evidence, Risk, and Proof Paradoxes: Pessimism about the Epistemic Project.Giada Fratantonio - 2021 - International Journal of Evidence and Proof:online first.
    Why can testimony alone be enough for findings of liability? Why statistical evidence alone can’t? These questions underpin the “Proof Paradox” (Redmayne 2008, Enoch et al. 2012). Many epistemologists have attempted to explain this paradox from a purely epistemic perspective. I call it the “Epistemic Project”. In this paper, I take a step back from this recent trend. Stemming from considerations about the nature and role of standards of proof, I define three requirements that any successful account in line (...)
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  32. Dogramaci’s deflationism about rationality.Jason A. DeWitt - 2021 - Synthese 199 (1-2):4437-4455.
    Just as Quine and others have argued for a deflationism about the property of truth, Sinan Dogramaci has argued for a deflationism about rationality. Specifically, Dogramaci claims that we have no reason to think that the basic, deductive, epistemic rules we call “rational” have any sort of “unifying property.” A “unifying property” is a property that is necessary, sufficient, and explanatorily illuminating. My goal in this paper is to undermine Dogramaci’s argument for this radical position. I do this by first (...)
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  33. Moral Occasionalism.David Killoren & Jacob Sparks - 2024 - In Russ Shafer-Landau (ed.), Oxford Studies in Metaethics: Volume 19. Oxford University Press.
    This chapter develops Moral Occasionalism, according to which moral facts are grounded in certain natural facts, which are called sub-moral grounds, and these sub-moral grounds influence us in such a way as to induce largely correct moral beliefs. Moral Occasionalism is designed to explain the correlation of moral beliefs with the moral facts—and to do so in a way that is consistent with non-interactionist views, according to which moral facts neither influence nor are influenced by moral beliefs. It is argued (...)
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  34. On standing one's ground.Neil Sinclair - 2014 - Analysis 74 (3):422-431.
    I provide a positive expressivist account of the permissibility of ‘standing one’s ground’ in some cases of moral conflict, based in part on an illustrative analogy with political disputes. This account suffices to undermine Enoch’s recent argument against expressivism.
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  35. Epistemic modesty in ethics.Nicholas Laskowski - 2018 - Philosophical Studies 175 (7):1577-1596.
    Many prominent ethicists, including Shelly Kagan, John Rawls, and Thomas Scanlon, accept a kind of epistemic modesty thesis concerning our capacity to carry out the project of ethical theorizing. But it is a thesis that has received surprisingly little explicit and focused attention, despite its widespread acceptance. After explaining why the thesis is true, I argue that it has several implications in metaethics, including, especially, implications that should lead us to rethink our understanding of Reductive Realism. In particular, the thesis (...)
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  36. Conceptual Role Semantics and the Reference of Moral Concepts.Neil Sinclair - 2018 - European Journal of Philosophy 26 (1):95-121.
    This paper examines the prospects for a conceptual or functional role theory of moral concepts. It is argued that such an account is well-placed to explain both the irreducibility and practicality of moral concepts. Several versions of conceptual role semantics for moral concepts are distinguished, depending on whether the concept-constitutive conceptual roles are wide or narrow normative or non-normative and purely doxastic or conative. It is argued that the most plausible version of conceptual role semantics for moral concepts involves only (...)
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  37. Moral Deference and Authentic Interaction.Knut Olav Skarsaune - 2016 - Journal of Philosophy 113 (7):346-357.
    The article defends a mild form of pessimism about moral deference, by arguing that deference is incompatible with authentic interaction, that is, acting in a way that communicates our own normative judgment. The point of such interaction is ultimately that it allows us to get to know and engage one another. This vindication of our intuitive resistance to moral deference is upheld, in a certain range of cases, against David Enoch’s recent objection to views that motivate pessimism by appealing (...)
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  38. Why realists must reject normative quietism.Daniel Wodak - 2017 - Philosophical Studies 174 (11):2795-2817.
    The last two decades have seen a surge of support for normative quietism: most notably, from Dworkin, Nagel, Parfit and Scanlon. Detractors like Enoch and McPherson object that quietism is incompatible with realism about normativity. The resulting debate has stagnated somewhat. In this paper I explore and defend a more promising way of developing that objection: I’ll argue that if normative quietism is true, we can create reasons out of thin air, so normative realists must reject normative quietism.
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  39. Subjectivism and idealization.David Sobel - 2009 - Ethics 119 (2):336-352.
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  40. Epistemic Schmagency?A. K. Flowerree - 2018 - In Christos Kyriacou & Robin McKenna (eds.), Metaepistemology: Realism & Antirealism. Cham: Palgrave Macmillan. pp. 289-310.
    Constructivist approaches in epistemology and ethics offer a promising account of normativity. But constructivism faces a powerful Schmagency Objection, raised by David Enoch. While Enoch’s objection has been widely discussed in the context of practical norms, no one has yet explored how the Schmagency Objection might undermine epistemic constructivism. In this paper, I rectify that gap. First, I develop the objection against a prominent form of epistemic constructivism, Belief Constitutivism. Belief Constitutivism is susceptible to a Schmagency Objection, I (...)
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  41. Vitalism without Metaphysics? Medical Vitalism in the Enlightenment.Charles T. Wolfe - 2008 - Science in Context 21 (4):461-463.
    This is the introduction to a special issue of 'Science in Context' on vitalism that I edited. The contents are: 1. Guido Giglioni — “What Ever Happened to Francis Glisson? Albrecht Haller and the Fate of Eighteenth-Century Irritability” 2. Dominique Boury— “Irritability and Sensibility: Two Key Concepts in Assessing the Medical Doctrines of Haller and Bordeu” 3. Tobias Cheung — “Regulating Agents, Functional Interactions, and Stimulus-Reaction-Schemes: The Concept of “Organism” in the Organic System Theories of Stahl, Bordeu and Barthez” (...)
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  42. How not to avoid wishful thinking.Mark Schroeder - 2010 - In Michael Brady (ed.), New Waves in Metaethics. New York: Palgrave-Macmillan.
    Expressivists famously have important and difficult problems with semantics and logic. Their difficulties providing an adequate account of the semantics of material conditionals involving moral terms, and explaining why they have the right semantic and logical properties – for example, why they validate modus ponens – have received a great deal of attention. Cian Dorr [2002] points out that their problems do not stop here, but also extend to epistemology. The problem he poses for expressivists is the problem of wishful (...)
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  43. The Ethiopian Tewahedo Bible.Andrew Kamal - manuscript
    is one of the world's oldest bibles written in Ge'ez and Amharic. It includes 81 books, and the broader cannon also adds 9 more books on top of that. Their language is often rendered as one of the eldest's written languages and a possible candidate for the original language spoken by Adam along with the hieroglyphs and pre-hieratic languages of ancient Egypt. Ethiopia is considered the heart of Africa by many and is a prominent center for Orthodoxy and Christianity. The (...)
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  44. From mood to movement: English nationalism, the European Union and taking back control.Jack Black - 2019 - INNOVATION: The European Journal of Social Science Research 32 (2):191-210.
    This article considers whether the 2016 EU referendum can be perceived as an English nationalist movement. Specifically, attention is given to examining how memories of the former British Empire were nostalgically enveloped in anxieties regarding England’s location within the devolved UK state. The comments and work of Enoch Powell and George Orwell are used to help explore the link between nostalgia and anxiety in accounts of English nationalism. Despite their opposing political orientations, when considered together, it is argued that (...)
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  45. Considering Dispositional Moral Realism.Prabhpal Singh - 2018 - Perspectives: International Postgraduate Journal of Philosophy 8 (1):14-22.
    My aim in this paper is to consider a series of arguments against Dispositional Moral Realism and argue that these objections are unsuccessful. I will consider arguments that try to either establish a dis-analogy between moral properties and secondary qualities or try to show that a dispositional account of moral properties fails to account for what a defensible species of moral realism must account for. I also consider criticisms from Simon Blackburn, who argues that there could not be a corresponding (...)
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  46. Epistemic Projects, Indispensability, and the Structure of Modal Thought.Felipe Morales Carbonell - 2020 - Res Philosophica 97 (4):611-638.
    I argue that modal epistemology should pay more attention to questions about the structure and function of modal thought. We can treat these questions from synchronic and diachronic angles. From a synchronic perspective, I consider whether a general argument for the epistemic support of modal though can be made on the basis of modal thoughs’s indispensability for what Enoch and Schechter (2008) call rationally required epistemic projects. After formulating the argument, I defend it from various objections. I also examine (...)
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  47. Law’s Artifactual Nature: How Legal Institutions Generate Normativity.Kenneth M. Ehrenberg - 2015 - In George Pavlakos & Veronica Rodriguez-Blanco (eds.), Reasons and Intentions in Law and Practical Agency. New York: Cambridge University Press. pp. 247-266.
    I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.
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  48. The Paradox of the Normativity of Law.René González de la Vega - 2013 - Problema. Anuario de Filosofía y Teoria Del Derecho 7 (7):63-79.
    This paper deals with Veronica Rodriguez-Blanco’s answer to the paradox of the normativity of law: How can autonomous self-legislating persons act, without compromising their autonomy and their will, following legal rules? Regarding Rodriguez-Blanco’s answer, I offer two main critiques. The first one is based on Rodriguez-Blanco’s comments to David Enoch’s paper in which I argue against the idea that a descriptive theoretical account of law can, and should, give an answer to general problems of normativity due to the fact (...)
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  49. De Re Beliefs and Evidence in Legal Cases.Samuel J. Thomas - 2021 - Dissertation, Arizona State University
    For the past half-century, both jurisprudence and epistemology have been haunted by questions about why individual evidence (i.e., evidence which picks out a specific individual) can sufficiently justify a guilty or liable verdict while bare statistical evidence (i.e., statistical evidence which does not pick out a specific individual) does not sufficiently justify such a verdict. This thesis examines three popular justifications for such a disparity in verdicts – Judith Jarvis Thomson’s causal account, Enoch et al.’s sensitivity account, and Sarah (...)
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  50. Facts, Artifacts, and Law-Given Reasons.Noam Gur - 2022 - In Luka Burazin, Kenneth Einar Himma, Corrado Roversi & Paweł Banaś (eds.), The Artifactual Nature of Law. Northampton, MA, USA: Edward Elgar Publishing. pp. 199–222.
    This chapter centers around law's capacity to constitute practical reasons. In discussing this theme, consideration is given to law's artifactual character. The discussion falls into two main parts. In Section 1, I critically examine a skeptical line of thought about law's capacity to constitute reasons for action, which draws, in part, on law's artifactuality. I argue for a somewhat less skeptical (but still qualified) stance, according to which the fact that a legal directive has been issued can (notwithstanding the artifactuality (...)
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