Results for 'Epistemology of Law'

1000+ found
Order:
  1. The epistemology of hedged laws.Robert Kowalenko - 2011 - Studies in History and Philosophy of Science Part A 42 (3):445-452.
    Standard objections to the notion of a hedged, or ceteris paribus, law of nature usually boil down to the claim that such laws would be either 1) irredeemably vague, 2) untestable, 3) vacuous, 4) false, or a combination thereof. Using epidemiological studies in nutrition science as an example, I show that this is not true of the hedged law-like generalizations derived from data models used to interpret large and varied sets of empirical observations. Although it may be ‘in principle impossible’ (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  2. English Law's Epistemology of Expert Testimony.Tony Ward - 2006 - Journal of Law and Society 33 (4):572-595.
    This article draws upon the epistemology of testimony to analyse recent English case law on expert evidence. It argues that the courts are implicitly committed to an internalist epistemology and an inferentialist view of testimony, and draws a distinction between testimony which is treated as authoritative (where the fact-finder accepts the inferences drawn by the expert without attempting to assess their validity) and that which is treated as merely persuasive.
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  3. Poe's law, group polarization, and the epistemology of online religious discourse.Scott F. Aikin - 2012 - Social Semiotics 22 (4).
    Poe's Law is roughly that online parodies of religious extremism are indistinguishable from instances of sincere extremism. Poe's Law may be expressed in a variety of ways, each highlighting either a facet of indirect discourse generally, attitudes of online audiences, or the quality of online religious material. As a consequence of the polarization of online discussions, invocations of Poe's Law have relevance in wider circles than religion. Further, regular invocations of Poe's Law in critical discussions have the threat of further (...)
    Download  
     
    Export citation  
     
    Bookmark  
  4. The epistemology of Schelling's philosophy of nature.Naomi Fisher - 2017 - History of Philosophy Quarterly 34 (3):271-290.
    The philosophy of nature operates as one complete and systematic aspect of Schelling’s philosophy in the years 1797-1801 and as complement to Schelling’s transcendental philosophy at this time. The philosophy of nature comes with its own, naturalistic epistemology, according to which human natural productivity provides the basis for human access to nature’s own productive laws. On the basis of one’s natural productivity, one can consciously formulate principles which match nature’s own lawful principles. One refines these principles through a process (...)
    Download  
     
    Export citation  
     
    Bookmark  
  5. Epistemology of measurement in non-human animal consciousness.Pater Ciprian - manuscript
    As I assume to begin with, animals with a high level of consciousness, are those beings which are more dependent on their materialistic ecological circumstances than those with less cognition. The most obvious support for this factual claim is the yet still unofficial unit of geological time named the Anthropocene Epoch demarcating human devastation of earthly resources, whereby there is no doubt which species on earth is the most materially dependent. Notwithstanding, we need to keep things quantitively in perspective. Of (...)
    Download  
     
    Export citation  
     
    Bookmark  
  6. The Social Impact Theory of Law.Keton Joshua - 2015 - Phenomenology and Mind 9:130-137.
    Margaret Gilbert’s work on sociality covers a wide range of topics, and as she puts it “addresses matters of great significance to several philosophical specialties – including ethics, epistemology, political philosophy, philosophy of science, and philosophy of law – and outside philosophy as well” (Gilbert 2013, p. 1). Herein I argue that Mark Greenberg’s recent call to eliminate the problem of legal normativity is well motivated. Further, I argue that Gilbert’s work on joint commitment, and more specifically obligations of (...)
    Download  
     
    Export citation  
     
    Bookmark  
  7. Non-uniformism and the Epistemology of Philosophically Interesting Modal Claims.Ylwa Sjölin Wirling - 2021 - Grazer Philosophische Studien 98 (4):629-656.
    Philosophers often make exotic-sounding modal claims, such as: “A timeless world is impossible”, “The laws of physics could have been different from what they are”, “There could have been an additional phenomenal colour”. Otherwise popular empiricist modal epistemologies in the contemporary literature cannot account for whatever epistemic justification we might have for making such modal claims. Those who do not, as a result of this, endorse scepticism with respect to their epistemic status typically suggest that they can be justified but (...)
    Download  
     
    Export citation  
     
    Bookmark  
  8. 20th-Century Bulgarian Philosophy of Law: From Critical Acceptance of Kant’s Ideas to the Logic of Legal Reasoning.Vihren Bouzov - 2016 - In Enrico Pattaro & C. Roversi (eds.), A Treatise of Legal Philosophy and General Jurisprudence. V.12 (1), Legal Philosophy in the Twentieth Century: The Civil Law World. pp. 681-690.
    My analysis here is an attempt to bring out the main through-line in the development of Bulgarian philosophy of law today. A proper account of Bulgarian philosophy of law in the 20th century requires an attempt to find, on the one hand, a solution to epistemological and methodological problems in law and, on the other, a clear-cut influence of the Kantian critical tradition. Bulgarian philosophy of law follows a complicated path, ranging from acceptance and revision of Kantian philosophy to the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  9. The Foundations of Criminal Law Epistemology.Lewis Ross - forthcoming - Ergo: An Open Access Journal of Philosophy.
    Legal epistemology has been an area of great philosophical growth since the turn of the century. But recently, a number of philosophers have argued the entire project is misguided, claiming that it relies on an illicit transposition of the norms of individual epistemology to the legal arena. This paper uses these objections as a foil to consider the foundations of legal epistemology, particularly as it applies to the criminal law. The aim is to clarify the fundamental commitments (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  10. Epistemology of Logic - Logic-Dialectic or Theory of the Knowledge.Epameinondas Xenopoulos (ed.) - 1998 - Kefalonia,GREECE: KATERINA XENOPOULOU.
    1994.Επιστημολογία της Λογικής. Συγγραφέας Επαμεινώνδας Ξενόπουλος Μοναδική μελέτη και προσέγγιση της θεωρίας της γνώσης, για την παγκόσμια βιβλιογραφία, της διαλεκτικής πορείας της σκέψης από την λογική πλευρά της και της μελλοντικής μορφής που θα πάρουν οι διαλεκτικές δομές της, στην αδιαίρετη ενότητα γνωσιοθεωρίας, λογικής και διαλεκτικής, με την «μέθοδο του διαλεκτικού υλισμού». Έργο βαρύ με θέμα εξαιρετικά δύσκολο διακατέχεται από πρωτοτυπία και ζωντάνια που γοητεύει τον κάθε ανήσυχο στοχαστή από τις πρώτες γραμμές.
    Download  
     
    Export citation  
     
    Bookmark  
  11. On the Unities of Law, Practical Reason, and Right: Foundations of the Unity of Reason beyond the Plurality of Knowledge and of Normative Orders.André Ferreira Leite de Paula - 2019 - In André Ferreira Leite de Paula & Andrés Santacoloma Santacoloma (eds.), Law and Morals - ARSP 158/2019. pp. 15-115.
    The problem addressed in this article is the relationship between law and morality. It is asked (1) to what extent law and morality are connected and separated and (2) since when has it been so. To the extent that law and morality are distinct normative orders, it is asked (3) whether they rule exactly the same behaviors or whether each order rules dierent kinds of behaviors. If they rule at least some of the same behaviors, it is asked (4) whether (...)
    Download  
     
    Export citation  
     
    Bookmark  
  12. Fuller and the Folk: The Inner Morality of Law Revisited.Raff Donelson & Ivar R. Hannikainen - 2020 - In Oxford Studies in Experimental Philosophy, Volume 3. Oxford: pp. 6-28.
    The experimental turn in philosophy has reached several sub-fields including ethics, epistemology, and metaphysics. This paper is among the first to apply experimental techniques to questions in the philosophy of law. Specifically, we examine Lon Fuller's procedural natural law theory. Fuller famously claimed that legal systems necessarily observe eight principles he called "the inner morality of law." We evaluate Fuller's claim by surveying both ordinary people and legal experts about their intuitions about legal systems. We conclude that, at best, (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  13.  3
    Ismail, Salah. 2022. "Introduction," in Jennifer Lackey, The Epistemology of Groups, translation into Arabic by Huda Alawaji, Al Rawafed Culture & Ibn Nadim, pp. 11-22.Salah Ismail - 2022 - In Jennifer Lackey, The Epistemology of Groups, translation into Arabic by Huda Alawaji, Al Rawafed Culture & Ibn Nadim. Beirut, Lebanon: pp. 11-22..
    شنت الولايات المتحدة الأمريكية حربا على العراق عام 2003 بدعوى أن العراق يمتلك أسلحة دمار شامل، ثم تبين للعالم عدم صحة هذه الدعوى، وقال الناس: لقد كذبت الإدارة الأمريكية. كانت نظرية المعرفة التقليدية تنسب المعرفة إلى الذات العارفة الفردية، وتركز على الفاعلين الأفراد وحالاتهم الاعتقادية، مثل "يعتقد أحمد بقضية معينة". أما أن ننسب الحالات المعرفية إلى الجماعات مثل " كذبت الإدارة الأمريكية"، فهذا تحول في الإبستمولوجيا إلى الفاعل الجماعي. إبستمولوجيا الجماعات epistemology of groups حقل فرعي من الإبستمولوجيا الاجتماعية. يهدف (...)
    Download  
     
    Export citation  
     
    Bookmark  
  14.  2
    "Introduction," in Jennifer Lackey, The Epistemology of Groups, translation into Arabic by Huda Alawaji, Al Rawafed Culture & Ibn Nadim, pp. 11-22.Salah Ismail - 2022 - In Jennifer Lackey, The Epistemology of Groups, translation into Arabic by Huda Alawaji, Al Rawafed Culture & Ibn Nadim. Beirut, Lebanon: Al Rawafed Culture & Ibn Nadim. pp. 11-22.
    شنت الولايات المتحدة الأمريكية حربا على العراق عام 2003 بدعوى أن العراق يمتلك أسلحة دمار شامل، ثم تبين للعالم عدم صحة هذه الدعوى، وقال الناس: لقد كذبت الإدارة الأمريكية. كانت نظرية المعرفة التقليدية تنسب المعرفة إلى الذات العارفة الفردية، وتركز على الفاعلين الأفراد وحالاتهم الاعتقادية، مثل "يعتقد أحمد بقضية معينة". أما أن ننسب الحالات المعرفية إلى الجماعات مثل " كذبت الإدارة الأمريكية"، فهذا تحول في الإبستمولوجيا إلى الفاعل الجماعي. إبستمولوجيا الجماعات epistemology of groups حقل فرعي من الإبستمولوجيا الاجتماعية. يهدف (...)
    Download  
     
    Export citation  
     
    Bookmark  
  15. W poszukiwaniu ontologicznych podstaw prawa. Arthura Kaufmanna teoria sprawiedliwości [In Search for Ontological Foundations of Law: Arthur Kaufmann’s Theory of Justice].Marek Piechowiak - 1992 - Instytut Nauk Prawnych PAN.
    Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  16. 'More Likely Than Not' - Knowledge First and the Role of Statistical Evidence in Courts of Law.Michael Blome-Tillmann - 2017 - In Adam Carter, Emma Gordon & Benjamin Jarvis (eds.), Knowledge First - Approaches in Epistemology and Mind. Oxford, UK: Oxford University Press. pp. 278-292.
    The paper takes a closer look at the role of knowledge and evidence in legal theory. In particular, the paper examines a puzzle arising from the evidential standard Preponderance of the Evidence and its application in civil procedure. Legal scholars have argued since at least the 1940s that the rule of the Preponderance of the Evidence gives rise to a puzzle concerning the role of statistical evidence in judicial proceedings, sometimes referred to as the Problem of Bare Statistical Evidence. While (...)
    Download  
     
    Export citation  
     
    Bookmark   16 citations  
  17. On the epistemological foundations of the law of the lever.Maarten Van Dyck - 2009 - Studies in History and Philosophy of Science Part A 40 (3):315-318.
    In this paper I challenge Paolo Palmieri’s reading of the Mach-Vailati debate on Archimedes’s proof of the law of the lever. I argue that the actual import of the debate concerns the possible epistemic (as opposed to merely pragmatic) role of mathematical arguments in empirical physics, and that construed in this light Vailati carries the upper hand. This claim is defended by showing that Archimedes’s proof of the law of the lever is not a way of appealing to a non-empirical (...)
    Download  
     
    Export citation  
     
    Bookmark  
  18. 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 concerns outweigh (...)
    Download  
     
    Export citation  
     
    Bookmark  
  19. Does murphy’s law apply in epistemology?David Christensen - 2007 - Oxford Studies in Epistemology 2:3-31.
    Formally-inclined epistemologists often theorize about ideally rational agents--agents who exemplify rational ideals, such as probabilistic coherence, that human beings could never fully realize. This approach can be defended against the well-know worry that abstracting from human cognitive imperfections deprives the approach of interest. But a different worry arises when we ask what an ideal agent should believe about her own cognitive perfection (even an agent who is in fact cognitively perfect might, it would seem, be uncertain of this fact). Consideration (...)
    Download  
     
    Export citation  
     
    Bookmark   76 citations  
  20. The Law of Political Economy: An Introduction.Poul F. Kjaer - 2020 - In The Law of Political Economy: Transformation in the Function of Law. Cambridge: Cambridge University Press. pp. 1- 30.
    The law of political economy is a contentious ideological field characterised by antagonistic relations between scholarly positions which tend to be either affirmative or critical of capitalism. Going beyond this schism, two particular features appear as central to the law of political economy: the first one is the way it epistemologically seeks to handle the distinction between holism and differentiation, i.e., the extent to which it sees society as a singular whole which is larger than its parts, or, rather, as (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  21. Are non-accidental regularities a cosmic coincidence? Revisiting a central threat to Humean laws.Aldo Filomeno - 2019 - Synthese 198 (6):5205-5227.
    If the laws of nature are as the Humean believes, it is an unexplained cosmic coincidence that the actual Humean mosaic is as extremely regular as it is. This is a strong and well-known objection to the Humean account of laws. Yet, as reasonable as this objection may seem, it is nowadays sometimes dismissed. The reason: its unjustified implicit assignment of equiprobability to each possible Humean mosaic; that is, its assumption of the principle of indifference, which has been attacked on (...)
    Download  
     
    Export citation  
     
    Bookmark   10 citations  
  22. Some Epistemological and Methodological Problems of Holistic Biological Modeling, Biosimilarity Identification and Complex Interpretation of the Origin of Life.Oleg V. Gradov - 2019 - European Journal of Philosophical Research 6 (1):22-39.
    This article considers the novel approach for epistemological interpretation of biomimetics or bionics and biosimilarity in different abiogenetic works with the terminological correction for elimination of the reifications (concretisms, hypostatizations), simplified metaphors and the results of metonymy. In the last part of this article one can see the analysis of the mistakes and problems of complex abiogenetic or supramolecular evolution projects within the aspects of the Conway law and the social organization of science and publishing sphere in subjective postmodern capitalistic (...)
    Download  
     
    Export citation  
     
    Bookmark  
  23. The Open Handbook of Formal Epistemology.Richard Pettigrew & Jonathan Weisberg (eds.) - 2019 - PhilPapers Foundation.
    In formal epistemology, we use mathematical methods to explore the questions of epistemology and rational choice. What can we know? What should we believe and how strongly? How should we act based on our beliefs and values? We begin by modelling phenomena like knowledge, belief, and desire using mathematical machinery, just as a biologist might model the fluctuations of a pair of competing populations, or a physicist might model the turbulence of a fluid passing through a small aperture. (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  24. The Simplicity of Physical Laws.Eddy Keming Chen - manuscript
    Physical laws are strikingly simple, although there is no a priori reason they must be so. I propose that nomic realists of all types (Humeans and non-Humeans) should accept that simplicity is a fundamental epistemic guide for discovering and evaluating candidate physical laws. This principle of simplicity clarifies and solves several problems of nomic realism and simplicity. A consequence is that the often-cited epistemic advantage of Humeanism over non-Humeanism is exaggerated, undercutting an influential epistemological argument for Humeanism. Moreover, simplicity is (...)
    Download  
     
    Export citation  
     
    Bookmark  
  25. 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). (...)
    Download  
     
    Export citation  
     
    Bookmark   40 citations  
  26. Arguments and Stories in Legal Reasoning: The Case of Evidence Law.Gianluca Andresani - 2020 - Archiv Fuer Rechts Und Sozialphilosphie 106 (1):75-90.
    We argue that legal argumentation, as the subject matter as well as a special subfield of Argumentation Studies (AS), has to be examined by making skilled use of the full panoply of tools such as argumentation and story schemes which are at the forefront of current work in AS. In reviewing the literature, we make explicit our own methodological choices (particularly regarding the place of normative deliberation in practical reasoning) and then illustrate the implications of such an approach through the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  27. Aristotle's prior analytics and Boole's laws of thought.John Corcoran - 2003 - History and Philosophy of Logic. 24 (4):261-288.
    Prior Analytics by the Greek philosopher Aristotle (384 – 322 BCE) and Laws of Thought by the English mathematician George Boole (1815 – 1864) are the two most important surviving original logical works from before the advent of modern logic. This article has a single goal: to compare Aristotle’s system with the system that Boole constructed over twenty-two centuries later intending to extend and perfect what Aristotle had started. This comparison merits an article itself. Accordingly, this article does not discuss (...)
    Download  
     
    Export citation  
     
    Bookmark   20 citations  
  28. Legal Epistemology.Georgi Gardiner - 2019 - Oxford Bibliographies Online.
    An annotated bibliography of legal epistemology.
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  29. On the Nature of the Gods, or “Epistemological Polytheism” as History Comprehension Method.Alex V. Halapsis - 2015 - The European Philosophical and Historical Discourse 1 (1):53-59.
    The article is devoted to the issue of history comprehension of the ancient societies in the context of their religious identity. Religion is one of the fundamental elements of civilization idea (“ontological project”); it constructs “universe” that is distinguished by the “laws of nature”, specific only for it. To make “communication” with ancient people maximally authentic, the researcher should not only recognize their right to look at the “world” in its own way, but also accept its “laws”, that means – (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  30. THE PROBLEM OF SOVEREIGNTY, INTERNATIONAL LAW, AND INTELLECTUAL CONSCIENCE.Richard Lara - 2014 - Journal of the Philosophy of International Law 5 (1):31-54.
    The concept of sovereignty is a recurring and controversial theme in international law, and it has a long history in western philosophy. The traditionally favored concept of sovereignty proves problematic in the context of international law. International law’s own claims to sovereignty, which are premised on traditional concept of sovereignty, undermine individual nations’ claims to sovereignty. These problems are attributable to deep-seated flaws in the traditional concept of sovereignty. A viable alternative concept of sovereignty can be derived from key concepts (...)
    Download  
     
    Export citation  
     
    Bookmark  
  31. Epistemology Normalized.Jeremy Goodman & Bernhard Salow - forthcoming - Philosophical Review.
    We offer a general framework for theorizing about the structure of knowledge and belief in terms of the comparative normality of situations compatible with one's evidence. The guiding idea is that, if a possibility is sufficiently less normal than one's actual situation, then one can know that that possibility does not obtain. This explains how people can have inductive knowledge that goes beyond what is strictly entailed by their evidence. We motivate the framework by showing how it illuminates knowledge about (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  32. Legal fallibilism: Law (like science) as a form of community inquiry.Frederic R. Kellogg - 2009 - Discipline Filosofiche 19 (2).
    Fallibilism, as a fundamental aspect of pragmatic epistemology, can be illuminated by a study of law. Before he became a famous American judge, Oliver Wendell Holmes, Jr., along with his friends William James and Charles Sanders Peirce, associated as presumptive members of the Metaphysical Club of Cambridge in the 1870s, recalled as the birthplace of pragmatism. As a young scholar, Holmes advanced a concept of legal fallibilism as incremental community inquiry. In this early work, I suggest that Holmes treats (...)
    Download  
     
    Export citation  
     
    Bookmark  
  33. Humeanism and Exceptions in the Fundamental Laws of Physics.Billy Wheeler - 2017 - Principia: An International Journal of Epistemology 21 (3):317-337.
    It has been argued that the fundamental laws of physics do not face a ‘problem of provisos’ equivalent to that found in other scientific disciplines (Earman, Roberts and Smith 2002) and there is only the appearance of exceptions to physical laws if they are confused with differential equations of evolution type (Smith 2002). In this paper I argue that even if this is true, fundamental laws in physics still pose a major challenge to standard Humean approaches to lawhood, as they (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  34. Counterfactuals and Modal Epistemology.Tuomas E. Tahko - 2012 - Grazer Philosophische Studien 86 (1):93–115.
    What is our epistemic access to metaphysical modality? Timothy Williamson suggests that the epistemology of counterfactuals will provide the answer. This paper challenges Williamson's account and argues that certain elements of the epistemology of counterfactuals that he discusses, namely so called background knowledge and constitutive facts, are already saturated with modal content which his account fails to explain. Williamson's account will first be outlined and the role of background knowledge and constitutive facts analysed. Their key role is to (...)
    Download  
     
    Export citation  
     
    Bookmark   21 citations  
  35.  29
    The naturalized epistemology approach to evidence.Gabriel Broughton & Brian Leiter - 2021 - In Christian Dahlman, Alex Stein & Giovanni Tuzet (eds.), Philosophical Foundations of Evidence Law. Oxford University Press.
    Studying evidence law as part of naturalized epistemology means using the tools and results of the sciences to evaluate evidence rules based on the accuracy of the verdicts they are likely to produce. In this chapter, we introduce the approach and address skeptical concerns about the value of systematic empirical research for evidence scholarship, focusing, in particular, on worries about the external validity of jury simulation studies. Finally, turning to applications, we consider possible reforms regarding eyewitness identifications and character (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  36. Can Kantian Laws Be Broken? Kant on Miracles.Andrew Chignell - 2014 - Res Philosophica 91 (1):103-121.
    In this paper I explore Kant’s critical discussions of the topic of miracles (including the important but neglected fragment from the 1780s called “On Miracles”) in an effort to answer the question in the title. Along the way I discuss some of the different kinds of “laws” in Kant’s system, and also the argument for his claim that, even if empirical miracles do occur, we will never be in a good position to identify instances of them. I conclude with some (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  37. In the beginning was the verb: The emergence and evolution of language problem in the light of the big Bang epistemological paradigm.Edward G. Belaga - 2008 - Cognitive Philology 1 (1).
    The enigma of the Emergence of Natural Languages, coupled or not with the closely related problem of their Evolution is perceived today as one of the most important scientific problems. The purpose of the present study is actually to outline such a solution to our problem which is epistemologically consonant with the Big Bang solution of the problem of the Emergence of the Universe}. Such an outline, however, becomes articulable, understandable, and workable only in a drastically extended epistemic and scientific (...)
    Download  
     
    Export citation  
     
    Bookmark  
  38. Belief States in Criminal Law.James A. Macleod - 2015 - Oklahoma Law Review 68.
    Belief-state ascription — determining what someone “knew,” “believed,” was “aware of,” etc. — is central to many areas of law. In criminal law, the distinction between knowledge and recklessness, and the use of broad jury instructions concerning other belief states, presupposes a common and stable understanding of what those belief-state terms mean. But a wealth of empirical work at the intersection of philosophy and psychology — falling under the banner of “Experimental Epistemology” — reveals how laypeople’s understandings of mens (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  39. An Epistemological Role for Thought Experiments.Michael Bishop - 1998 - Poznan Studies in the Philosophy of the Sciences and the Humanities 63:19-34.
    Why should a thought experiment, an experiment that only exists in people's minds, alter our fundamental beliefs about reality? After all, isn't reasoning from the imaginary to the real a sign of psychosis? A historical survey of how thought experiments have shaped our physical laws might lead one to believe that it's not the case that the laws of physics lie - it's that they don't even pretend to tell the truth. My aim in this paper is to defend an (...)
    Download  
     
    Export citation  
     
    Bookmark   13 citations  
  40. An Intuitionist Response to Moral Scepticism: A critique of Mackie's scepticism, and an alternative proposal combining Ross's intuitionism with a Kantian epistemology.Simon John Duffy - 2001 - Dissertation, University of Edinburgh
    This thesis sets out an argument in defence of moral objectivism. It takes Mackie as the critic of objectivism and it ends by proposing that the best defence of objectivism may be found in what I shall call Kantian intuitionism, which brings together elements of the intuitionism of Ross and a Kantian epistemology. The argument is fundamentally transcendental in form and it proceeds by first setting out what we intuitively believe, rejecting the sceptical attacks on those beliefs, and by (...)
    Download  
     
    Export citation  
     
    Bookmark  
  41. Roots of Human Resistance to Animal Rights: Psychological and Conceptual Blocks.Steven James Bartlett - 2002 - Animal Law 8:143-176.
    A combined psychological-epistemological study of the blocks that stand in the way of the human recognition of the sentience and legal rights of non-human animals. Originally published in the Lewis and Clark law journal, Animal Law, and subsequently translated into German and into Portuguese.
    Download  
     
    Export citation  
     
    Bookmark   13 citations  
  42. Ceteris Paribus Laws: A Naturalistic Account.Robert Kowalenko - 2014 - International Studies in the Philosophy of Science 28 (2):133-155.
    An otherwise lawlike generalisation hedged by a ceteris paribus (CP) clause qualifies as a law of nature, if the CP clause can be substituted with a set of conditions derived from the multivariate regression model used to interpret the empirical data in support of the gen- eralisation. Three studies in human biology that use regression analysis are surveyed, showing that standard objections to cashing out CP clauses in this way—based on alleged vagueness, vacuity, or lack of testability—do not apply. CP (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  43. The Methods of Normativity.Hass Binesh - 2017 - Canadian Journal of Law and Jurisprudence 30 (1):159.
    This essay is an examination of the relationship between phenomenology and analytic method in the philosophy of law. It proceeds by way of a case study, the requirement of compliance in Raz’s theory of mandatory norms. Proceeding in this way provides a degree of specificity that is otherwise neglected in the relevant literature on method. Drawing on insights from the philosophy of art and cognitive neuroscience, it is argued that the requirement of compliance is beset by a range of epistemological (...)
    Download  
     
    Export citation  
     
    Bookmark  
  44. A path to the Oasis: Sharī‘ah and reason in Islamic moral epistemology.Edward Omar Moad - 2007 - International Journal for Philosophy of Religion 62 (3):135 - 148.
    I propose a framework for comparative Islamic—Western ethics in which the Islamic categories "Islam, Iman," and "Ihsan" are juxtaposed with the concepts of obligation, value, and virtue, respectively. I argue that "shari'a" refers to both the obligation component and the entire structure of the Islamic ethic; suggesting a suspension of the understanding of "shari'a" as simply Islamic "law," and an alternative understanding of "usul al-fiqh" as a moral epistemology of obligation. I will test this approach by addressing the question (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  45. The Moral Epistemological Argument for Atheism.John Park - 2015 - European Journal for Philosophy of Religion 7 (1):121--142.
    Numerous supposed immoral mandates and commands by God found in religious texts are introduced and discussed. Such passages are used to construct a logical contradiction contention that is called the moral epistemological argument. It is shown how there is a contradiction in that God is omnibenevolent, God can instruct human beings, and God at times provides us with unethical orders and laws. Given the existence of the contradiction, it is argued that an omnibenevolent God does not exist. Finally, this contention (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  46. A priori causal laws.Darren Bradley - 2017 - Inquiry: An Interdisciplinary Journal of Philosophy 60 (4):358-370.
    Sober and Elgin defend the claim that there are a priori causal laws in biology. Lange and Rosenberg take issue with this on Humean grounds, among others. I will argue that Sober and Elgin don’t go far enough – there are a priori causal laws in many sciences. Furthermore, I will argue that this thesis is compatible with a Humean metaphysics and an empiricist epistemology.
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  47.  52
    How to be a powers theorist about functional laws, conservation laws and symmetries.Samuel Kimpton-Nye - 2023 - Philosophical Studies 180 (1):317-332.
    This paper defends an account of the laws of nature in terms of irreducibly modal properties (aka powers) from the threat posed by functional laws, conservation laws and symmetries. It thus shows how powers theorists can avoid ad hoc explanations and resist an inflated ontology of powers and governing laws. The key is to understand laws not as flowing from the essences of powers, as per Bird (2007), but as features of a description of how powers are possibly distributed, as (...)
    Download  
     
    Export citation  
     
    Bookmark  
  48. What Does it Mean to Orient Oneself in Science? On Ernst Mach’s Pragmatic Epistemology.Pietro Gori - 2019 - In Friedrich Stadler (ed.), Ernst Mach - Life, Work, Influence. Dordrecht, Paesi Bassi: Springer. pp. 525-536.
    The paper aims to investigate some aspects of Ernst Mach’s epistemology in the light of the problem of human orientation in relation to the world (Weltorientierung), which is a main topic of Western philosophy since Kant. As will be argued, Mach has been concerned with that problem, insofar as he developed an original pragmatist epistemology. In order to support my argument, I firstly investigate whether Mach defended a nominalist or a realist account of knowledge and compare his view (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  49. 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, (...)
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  50. Of Miracles and Evidential Probability: Hume’s “Abject Failure” Vindicated.William L. Vanderburgh - 2005 - Hume Studies 31 (1):37-61.
    This paper defends David Hume's "Of Miracles" from John Earman's (2000) Bayesian attack by showing that Earman misrepresents Hume's argument against believing in miracles and misunderstands Hume's epistemology of probable belief. It argues, moreover, that Hume's account of evidence is fundamentally non-mathematical and thus cannot be properly represented in a Bayesian framework. Hume's account of probability is show to be consistent with a long and laudable tradition of evidential reasoning going back to ancient Roman law.
    Download  
     
    Export citation  
     
    Bookmark  
1 — 50 / 1000