Results for 'George Pick'

965 found
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  1. Totalization, Temporalization, and History: Marx and Sartre.George S. Tomlinson - 2014 - In Lisa Jeschke and Adrian May (ed.), Matters of Time: Material Temporalities in Twentieth-Century French Culture. pp. 87-102.
    This chapter picks up on what Heidegger in his 1949 ‘Letter on ‘Humanism’’ calls ‘the historical in being’, that dimension of being within which, for Heidegger, a ‘productive dialogue’ between phenomenology and existentialism, on the one hand, and Marxism, on the other, ‘first becomes possible.’ It introduces the possibility of this dialogue through a particular, and particularly revealing, problem with The German Ideology: namely, Marx and Engels offer no analysis of the relationship between time, temporality and their materialist concept of (...)
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  2. Deep Indeterminacy in Physics and Fiction.George Darby, Martin Pickup & Jon Robson - 2017 - In Otávio Bueno, Steven French, George Darby & Dean Rickles (eds.), Thinking About Science, Reflecting on Art: Bringing Aesthetics and Philosophy of Science Together. New York: Routledge.
    Indeterminacy in its various forms has been the focus of a great deal of philosophical attention in recent years. Much of this discussion has focused on the status of vague predicates such as ‘tall’, ‘bald’, and ‘heap’. It is determinately the case that a seven-foot person is tall and that a five-foot person is not tall. However, it seems difficult to pick out any determinate height at which someone becomes tall. How best to account for this phenomenon is, of (...)
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  3. The true self: A psychological concept distinct from the self.Nina Strohminger, Joshua Knobe & George Newman - 2017 - Perspectives on Psychological Science 12 (4):551-560.
    A long tradition of psychological research has explored the distinction between characteristics that are part of the self and those that lie outside of it. Recently, a surge of research has begun examining a further distinction. Even among characteristics that are internal to the self, people pick out a subset as belonging to the true self. These factors are judged as making people who they really are, deep down. In this paper, we introduce the concept of the true self (...)
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  4. Recent work on human nature: Beyond traditional essences.Maria Kronfeldner, Neil Roughley & Georg Toepfer - 2014 - Philosophy Compass 9 (9):642-652.
    Recent philosophical work on the concept of human nature disagrees on how to respond to the Darwinian challenge, according to which biological species do not have traditional essences. Three broad kinds of reactions can be distinguished: conservative intrinsic essentialism, which defends essences in the traditional sense, eliminativism, which suggests dropping the concept of human nature altogether, and constructive approaches, which argue that revisions can generate sensible concepts of human nature beyond traditional essences. The different constructive approaches pick out one (...)
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  5. Equality for Inegalitarians. [REVIEW]Andy Lamey - 2016 - International Journal of Philosophical Studies 24 (1):140-144.
    Equality for Inegalitarians, by George Sher, Cambridge University Press, 2014. Luck egalitarianism has been a leading view in analytic political philosophy since it rose to prominence in the 1980s and 1990s. The theory holds that economic inequalities are acceptable when they are the result of choice but those due to luck should be redistributed away. Proponents generally favour extensive redistribution, on the grounds that luck -- including the luck of being born with a lucrative talent -- plays an extensive (...)
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  6. Morphing Intelligence: From IQ Measurement to Artificial Brains. [REVIEW]Ekin Erkan - 2020 - Chiasma 6 (1):248-260.
    In her seminal text, What Should We Do With Our Brain? (2008), Catherine Malabou gestured towards neuroplasticity to upend Bergson's famous parallel of the brain as a "central telephonic exchange," whereby the function of the brain is simply that of a node where perceptions get in touch with motor mechanisms, the brain as an instrument limited to the transmission and divisions of movements. Drawing from the history of cybernetics one can trace how Bergson's 'telephonic exchange' prefigures the neural 'cybernetic metaphor.' (...)
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  7. The Morality of State Symbolic Power.George Tsai - 2016 - Social Theory and Practice 42 (2):318-342.
    Philosophical interest in state power has tended to focus on the state’s coercive powers rather than its expressive powers. I consider an underexplored aspect of the state’s expressive capacity: its capacity to use symbols (such as monuments, memorials, and street names) to promote political ends. In particular, I argue that the liberal state’s deployment of symbols to promote its members’ commitment to liberal ideals is in need of special justification. This is because the state’s exercise of its capacity to use (...)
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  8. Modelling Deep Indeterminacy.George Darby & Martin Pickup - 2021 - Synthese 198:1685–1710.
    This paper constructs a model of metaphysical indeterminacy that can accommodate a kind of ‘deep’ worldly indeterminacy that arguably arises in quantum mechanics via the Kochen-Specker theorem, and that is incompatible with prominent theories of metaphysical indeterminacy such as that in Barnes and Williams (2011). We construct a variant of Barnes and Williams's theory that avoids this problem. Our version builds on situation semantics and uses incomplete, local situations rather than possible worlds to build a model. We evaluate the resulting (...)
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  9. Modal Epistemology and the Rationalist Renaissance.George Bealer - 2002 - In Tamar Gendler & John Hawthorne (eds.), Conceivability and Possibility. New York: Oxford University Press. pp. 71-125.
    The paper begins with a clarification of the notions of intuition (and, in particular, modal intuition), modal error, conceivability, metaphysical possibility, and epistemic possibility. It is argued that two-dimensionalism is the wrong framework for modal epistemology and that a certain nonreductionist approach to the theory of concepts and propositions is required instead. Finally, there is an examination of moderate rationalism’s impact on modal arguments in the philosophy of mind -- for example, Yablo’s disembodiment argument and Chalmers’s zombie argument. A less (...)
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  10. The incoherence of empiricism.George Bealer - 1992 - Aristotelian Society Supplementary Volume 66 (1):99-138.
    Radical empiricism is the view that a person's experiences (sensory and introspective), or a person's observations, constitute the person's evidence. This view leads to epistemic self-defeat. There are three arguments, concerning respectively: (1) epistemic starting points; (2) epistemic norms; (3) terms of epistemic appraisal. The source of self-defeat is traced to the fact that empiricism does not count a priori intuition as evidence (where a priori intuition is not a form of belief but rather a form of seeming, specifically intellectual (...)
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  11. The Epsilon Calculus and Herbrand Complexity.Georg Moser & Richard Zach - 2006 - Studia Logica 82 (1):133-155.
    Hilbert's ε-calculus is based on an extension of the language of predicate logic by a term-forming operator εx. Two fundamental results about the ε-calculus, the first and second epsilon theorem, play a rôle similar to that which the cut-elimination theorem plays in sequent calculus. In particular, Herbrand's Theorem is a consequence of the epsilon theorems. The paper investigates the epsilon theorems and the complexity of the elimination procedure underlying their proof, as well as the length of Herbrand disjunctions of existential (...)
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  12. Lamentable Necessities.George Tsai - 2013 - Review of Metaphysics 66 (4):775-808.
    Slavery in Ancient Greece, Absolutist Monarchy in pre-modern Europe, and the European conquest of the New World strike us, from our contemporary perspective, as injustices on a massive scale. But given the impact of these large-scale historical activities on the particular course taken by Western history, they almost undeniably played an important role in the evolution of modern liberalism. Bernard Williams suggests a startling claim—that liberal universalists cannot condemn past injustices, because those injustices were necessary conditions of the development of (...)
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  13. The philosophical limits of scientific essentialism.George Bealer - 1987 - Philosophical Perspectives 1:289-365.
    Scientific essentialism is the view that some necessities can be known only with the aid of empirical science. The thesis of the paper is that scientific essentialism does not extend to the central questions of philosophy and that these questions can be answered a priori. The argument is that the evidence required for the defense of scientific essentialism is reliable only if the intuitions required by philosophy to answer its central questions is also reliable. Included is an outline of a (...)
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  14. Epiphenomenal Minds and Philosophers’ Zombies: Where do mental properties originate?George Aulisio - 2022 - National Taiwan University Philosophical Review 64 (Special Issue on Self and Other):267-312.
    Property dualism [PD], when adopted by physicalists, is the view that mental properties are irreducible and joined to the physical. Many property dualists who subscribe to physicalism hold epiphenomenalism—the view that the mind does not have a causal role in affecting physical events (e.g., bodily movements).1 In this paper, I examine two possible origins of mental properties and the entailments of those origins if one is committed to physicalism. First, mental properties have a generative origin (e.g., emergence, neurophysiological, etc.). Second, (...)
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  15. Propositions.George Bealer - 1998 - Mind 107 (425):1-32.
    Recent work in philosophy of language has raised significant problems for the traditional theory of propositions, engendering serious skepticism about its general workability. These problems are, I believe, tied to fundamental misconceptions about how the theory should be developed. The goal of this paper is to show how to develop the traditional theory in a way which solves the problems and puts this skepticism to rest. The problems fall into two groups. The first has to do with reductionism, specifically attempts (...)
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  16.  38
    Die richtige Formel: Philosophische Probleme der logischen Formalisierung.Georg Brun - 2003 - Frankfurt a.M.: De Gruyter.
    Logik ist nach dem traditionellen Verständnis eine ars iudicandi, eine Kunst, die Gültigkeit von Schlüssen zu prüfen. Da mit die normalen Mittel der modernen Logik zu diesem Zweck eingesetzt werden können, müssen erst Formeln an die Stelle von Sätzen treten: umgangssprachliche Schlüsse müssen adäquat formalisiert werden. Die richtige Formel entwickelt ein theoretisches Konzept des Formalisierens und praktisch anwendbare Adäquatheitskriterien für Formalisierungen. Dabei werden zentrale Fragen der Philosophie der Logik unter dem Gesichtspunkt des Zusammenspiels von Umgangssprache und Formalismus untersucht. Die ausführliche (...)
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  17. Hume's Theory of Property.George E. Panichas - 1983 - Archiv Fur Rechts - Und Sozialphilosphie 69 (3):391-405.
    This article starts by identifying the phenomena that Hume thought to explain the need, hence utility, of a rudimentary system of property. Then, and prominently, it considers Hume’s arguments for believing that only a system of private property is justifiable. Hume argues that only in a society with adequate but not absolute abundance and altruism does property have a point or purpose. Property’s basic job, then, is that of addressing conflict and disagreement among persons of limited altruism and means, and (...)
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  18. On the possibility of philosophical knowledge.George Bealer - 1996 - Philosophical Perspectives 10:1-34.
    The paper elaborates upon various points and arguments in the author’s “A Priori Knowledge and the Scope of Philosophy” (Philosophical Studies, 1993), in which the author defends the autonomy of philosophy from the empirical sciences. It provides, for example, an extended defense of the modal reliabilist theory of basic evidence, including a new argument against evolutionary explanations of the reliability of intuitions. It also contains a fuller discussion of how to neutralize the threat of scientific essentialism to the autonomy of (...)
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  19. Mind and anti-mind: Why thinking has no functional definition.George Bealer - 1984 - Midwest Studies in Philosophy 9 (1):283-328.
    Functionalism would be mistaken if there existed a system of deviant relations (an “anti-mind”) that had the same functional roles as the standard mental relations. In this paper such a system is constructed, using “Quinean transformations” of the sort associated with Quine’s thesis of the indeterminacy of translation. For example, a mapping m from particularistic propositions (e.g., that there exists a rabbit) to universalistic propositions (that rabbithood is manifested). Using m, a deviant relation thinking* is defined: x thinks* p iff (...)
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  20. Mental properties.George Bealer - 1994 - Journal of Philosophy 91 (4):185-208.
    It is argued that, because of scientific essentialism, two currently popular arguments against the mind-body identity thesis -- the multiple-realizability argument and the Nagel-Jackson knowledge argument -- are unsatisfactory as they stand and that their problems are incurable. It is then argued that a refutation of the identity thesis in its full generality can be achieved by weaving together two traditional Cartesian arguments -- the modal argument and the certainty argument. This argument establishes, not just the falsity of the identity (...)
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  21. Quality and concept.George Bealer - 1982 - New York: Oxford University Press.
    This study provides a unified theory of properties, relations, and propositions (PRPs). Two conceptions of PRPs have emerged in the history of philosophy. The author explores both of these traditional conceptions and shows how they can be captured by a single theory.
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  22. The Dawn of Social Robots: Anthropological and Ethical Issues.Georg Gasser - 2021 - Minds and Machines 31 (3):329-336.
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  23. A brand storytelling approach to Covid-19’s terrorealization: Cartographing the narrative space of a global pandemic.George Rossolatos - 2020 - Journal of Destination Marketing and Management 18 (Dec):1-10.
    This paper offers a brand storytelling, that is a narratological account of Covid-19 pandemic’s emergence phase. By adopting a fictional ontological standpoint, the virus’ deploying media story-world is identified with a process of narrative spacing. Subsequently, the brand’s personality is analyzed as a narrative place brand. The narrative model that is put forward aims at outlining the main episodes that make up the virus’ brand personality as process and structural components (actors, settings, actions, relationships). A series of deep or ontological (...)
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  24. Beliefs About the True Self Explain Asymmetries Based on Moral Judgment.George E. Newman, Julian De Freitas & Joshua Knobe - 2015 - Cognitive Science 39 (1):96-125.
    Past research has identified a number of asymmetries based on moral judgments. Beliefs about what a person values, whether a person is happy, whether a person has shown weakness of will, and whether a person deserves praise or blame seem to depend critically on whether participants themselves find the agent's behavior to be morally good or bad. To date, however, the origins of these asymmetries remain unknown. The present studies examine whether beliefs about an agent's “true self” explain these observed (...)
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  25. A theory of concepts and concepts possession.George Bealer - 1998 - Philosophical Issues 9:261-301.
    The paper begins with an argument against eliminativism with respect to the propositional attitudes. There follows an argument that concepts are sui generis ante rem entities. A nonreductionist view of concepts and propositions is then sketched. This provides the background for a theory of concept possession, which forms the bulk of the paper. The central idea is that concept possession is to be analyzed in terms of a certain kind of pattern of reliability in one’s intuitions regarding the behavior of (...)
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  26. Postmetaphysical Conundrums: The Problematic Return to Metaphysics in Horkheimer’s Critique of Instrumental Reason.George Shea - 2021 - New German Critique 48 (3):1-30.
    The role of metaphysics in critique stands as a defining issue for the Frankfurt School theorists. Max Horkheimer himself claims that metaphysics serves as an instrument of domination, leading him to develop an interdisciplinary mate- rialism as a postmetaphysical alternative. Critics such as Georg Lohmann con- tend, however, that Horkheimer’s critique of instrumental reason is aporetic insofar as it undermines all metaphysical claims while implicitly making them. Since Horkheimer narrowly equates metaphysics with identity thinking, this article argues that his appeal (...)
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  27. Henri Bergson.Georg Simmel - 2017 - Digithum (20).
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  28. Should We Accept Arguments from Skeptics to Ignore the Psi Data? A Comment on Reber and Alcock's "Searching for the Impossible".George Williams - 2019 - Journal of Scientific Exploration 33 (4):623-642.
    Reber and Alcock have recently made a sharp attack on the entire psi literature, and in particular a recent overview by Cardeña of the meta-analyses across various categories of psi. They claim the data are inherently fl awed because of their disconnect with our current understanding of the world. As a result, they ignore the data and identify key scientific principles that they argue clash with psi. In this Commentary, I argue that these key principles are diffi cult to apply (...)
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  29. A priori knowledge and the scope of philosophy.George Bealer - 1996 - Philosophical Studies 81 (2-3):121-142.
    This paper provides a defense of two traditional theses: the Autonomy of Philosophy and the Authority of Philosophy. The first step is a defense of the evidential status of intuitions (intellectual seemings). Rival views (such as radical empiricism), which reject the evidential status of intuitions, are shown to be epistemically self-defeating. It is then argued that the only way to explain the evidential status of intuitions is to invoke modal reliabilism. This theory requires that intuitions have a certain qualified modal (...)
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  30. The origins of modal error.George Bealer - 2004 - Dialectica 58 (1):11-42.
    Modal intuitions are the primary source of modal knowledge but also of modal error. According to the theory of modal error in this paper, modal intuitions retain their evidential force in spite of their fallibility, and erroneous modal intuitions are in principle identifiable and eliminable by subjecting our intuitions to a priori dialectic. After an inventory of standard sources of modal error, two further sources are examined in detail. The first source - namely, the failure to distinguish between metaphysical possibility (...)
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  31. An inconsistency in functionalism.George Bealer - 1978 - Synthese 38 (July):333-372.
    This paper demonstrates that there is an inconsistency in functionalism in psychology and philosophy of mind. Analogous inconsistencies can be expected in functionalisms in biology and social theory. (edited).
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  32. Truth, Discourse, and Reality.George P. Adams - 1928 - University of California Publications in Philosophy 10:177-205.
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  33.  91
    Re-engineering contested concepts. A reflective-equilibrium approach.Georg Brun - 2022 - Synthese 200 (2):1-29.
    Social scientists, political scientists and philosophers debate key concepts such as democracy, power and autonomy. Contested concepts like these pose questions: Are terms such as “democracy” hopelessly ambiguous? How can two theorists defend alternative accounts of democracy without talking past each other? How can we understand debates in which theorists disagree about what democracy is? This paper first discusses the popular strategy to answer these questions by appealing to Rawls’s distinction between concepts and conceptions. According to this approach, defenders of (...)
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  34. (1 other version)A Theory of the a Priori.George Bealer - 1999 - Philosophical Perspectives 13:29-55.
    The topic of a priori knowledge is approached through the theory of evidence. A shortcoming in traditional formulations of moderate rationalism and moderate empiricism is that they fail to explain why rational intuition and phenomenal experience count as basic sources of evidence. This explanatory gap is filled by modal reliabilism -- the theory that there is a qualified modal tie between basic sources of evidence and the truth. This tie to the truth is then explained by the theory of concept (...)
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  35. Biological Emergence: a Key Exemplar of the Open Systems View.George F. R. Ellis - forthcoming - In Michael E. Cuffaro & Stephan Hartmann (eds.), Open Systems: Physics, Metaphysics, and Methodology (2025: Oxford University Press). Oxford: Oxford University Press.
    The context for biological emergence is modular hierarchical structures; their existence is what enables functional complexity to arise. Because of the openness of organisms to their environment, complete initial data (position, momentum) of all particles making up their structure is insufficient to determine future outcomes, because unpredictable new matter, energy, and information impacts each organism from the exterior. Consequently, through Darwinian evolution, life has developed processes to handle this issue functionally on short time scales as well on longer developmental timescales. (...)
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  36. Ideas in Knowing and Willing.George P. Adams - 1926 - University of California Publications in Philosophy 8:25-48.
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  37. The Nature and Habitat of Mind.George P. Adams - 1923 - University of California Publications in Philosophy 4:47-73.
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  38. Die Grundlagen der Arithmetik, 82-3.George Boolos & Richard G. Heck - 1998 - In Matthias Schirn (ed.), The Philosophy of mathematics today. New York: Clarendon Press.
    A close look at Frege's proof in "Foundations of Arithmetic" that every number has a successor. The examination reveals a surprising gap in the proof, one that Frege would later fill in "Basic Laws of Arithmetic".
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  39. The Greek Sources of Heidegger’s Alētheia as Primordial Truth-Experience.George Saad - 2020 - Gatherings: The Heidegger Circle Annual 10:157-191.
    Heidegger develops his reading of a-lētheia as privative un-concealment (Unverborgenheit) in tandem with his early phenomenological theory of truth. He is not simply reinterpreting a word, but rather reading Greek philosophy as having a primordial understanding of truth which has itself been concealed in interpretation. After shedding medieval and modern presuppositions of truth as correspondence, the existential truth-experience shows itself, no longer left puzzlingly implicit in unsatisfactory conventional readings of Greek philosophy. In Sein und Zeit §44, Heidegger resolves interpretive difficulties (...)
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  40. Self-consciousness.George Bealer - 1997 - Philosophical Review 106 (1):69-117.
    Self-consciousness constitutes an insurmountable obstacle to functionalism. Either the standard functional definitions of mental relations wrongly require the contents of self-consciousness to be propositions involving “realizations” rather than mental properties and relations themselves. Or else these definitions are circular. The only way to save functional definitions is to expunge the standard functionalist requirement that mental properties be second-order and to accept that they are first-order. But even the resulting “ideological” functionalism, which aims only at conceptual clarification, fails unless it incorporates (...)
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  41. Paternalism and intimate relationships.George Tsai - 2018 - In Kalle Grill & Jason Hanna (eds.), The Routledge Handbook of the Philosophy of Paternalism. New York: Routledge.
    This paper argues that participation in an intimate relationship can generate additional or stronger reasons for one to act paternalistically toward the intimate. Moreover, participation in such a relationship can also weaken or cancel some of the presumptive reasons of respect one would otherwise have not to interfere. The paper also reflects, more generally, on the nature of intimate relationships, the normative significance of paternalism, and the normative differences between paternalism in larger-scale institutional contexts and paternalism in closer, interpersonal ones. (...)
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  42. (1 other version)Leid und Übel [Suffering and evil].George N. Schlesinger & Vincent C. Müller - 1998 - In Christoph Jäger (ed.), Analytische Religionsphilosophie. UTB. pp. 245-252.
    Die Welt ist voller Leid. Gott ist entweder unfähig, es zu verhindern – dann ist Er nicht allmächtig –, oder Er will es nicht verhindern – dann ist Er nicht vollkommen gut. Seit Generationen wird dies als das schlagendste Argument gegen den Glauben angesehen, daß ein allmächtiges und allgütiges Wesen existiert. Natürlich haben Theisten sich die größte Mühe gegeben, eine angemessene Erwiderung vorzubringen. ... Selbst wenn nur ein einziges Individuum unnötigerweise für einen kurzen Moment eine leichte Unannehmlichkeit zu ertragen hätte, (...)
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  43. Draft translation of Lu Cheng’s records in Wang Yangming's Record of Instructions for Practice (Chuan xi lu 傳習錄).George L. Israel - manuscript
    Criticism and recommendations are very much welcome. Please don't hesitate to contact me with them. -/- .
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  44. Modal logic with names.George Gargov & Valentin Goranko - 1993 - Journal of Philosophical Logic 22 (6):607 - 636.
    We investigate an enrichment of the propositional modal language L with a "universal" modality ■ having semantics x ⊧ ■φ iff ∀y(y ⊧ φ), and a countable set of "names" - a special kind of propositional variables ranging over singleton sets of worlds. The obtained language ℒ $_{c}$ proves to have a great expressive power. It is equivalent with respect to modal definability to another enrichment ℒ(⍯) of ℒ, where ⍯ is an additional modality with the semantics x ⊧ ⍯φ (...)
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  45.  78
    Returning to the Root: The Formative Political Career and Intellectual Development of Nie Bao, 1487-1548.George L. Israel - 2024 - The World of the Orient 122 (1):145-172.
    Nie Bao 聶豹 (1487–1563) was a Neo-Confucian philosopher and scholar-official of sixteenthcentury Ming China. In his Ming ru xue an 明儒學案 (Case studies of Ming Confucians), Huang Zongxi 黃宗羲 placed him in the Jiangxi (Jiangyou 江右) group of Wang Yangming followers. Nie Bao met the influential founder of the Ming School of Mind in 1526 and was inspired by his teaching of the innate knowing (liangzhi 良知). However, he differed from other followers in his quietist approach to realizing and extending (...)
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  46. Rape, Autonomy, and Consent.George E. Panichas - 2001 - Law and Society Review 35 (1):231-269.
    Stephen Schulhofer's book, Unwanted Sex: The Culture of Intimidation and the Failure of Law, provides a carefully constructed and powerful case for rape-law reform. His effort is distinctive in three ways: (1) it takes the basic question of reform to be the moral one of determining which sexual interactions ought to be the subject of the criminal law, (2) it takes the right of sexual autonomy to serve as the basis for any successful legal reform, and (3) it makes a (...)
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  47. Materialism and the logical structure of intentionality.George Bealer - 1993 - In Howard Robinson (ed.), Objections to Physicalism. New York: Oxford University Press.
    After a brief history of Brentano's thesis of intentionality, it is argued that intentionality presents a serious problem for materialism. First, it is shown that, if no general materialist analysis (or reduction) of intentionality is possible, then intentional phenomena would have in common at least one nonphysical property, namely, their intentionality. A general analysis of intentionality is then suggested. Finally, it is argued that any satisfactory general analysis of intentionality must share with this analysis a feature which entails the existence (...)
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  48.  55
    翻譯《傳習錄》中陸澄語錄的關鍵術語:一些初步的考量.George L. Israel - manuscript
    "Translating Key Terms Terms in Lu Cheng's Records in the Chuan xi lu: Some Preliminary Considerations" Draft paper for the 2024 Conference on [Wang] Yangming's Learning of Mind, Shaoxing, Zhejiang. Updated October 4, 2024. The final version will appear in the conference volume. -/- Criticism and suggestions welcome. Please do email.
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  49. Prolegomenon to a Political Theory of Ownership.George E. Panichas - 1978 - Archiv für Rechts- und Sozialphilosophie 64 (3):333-355.
    If a political theory of ownership is to be acceptable, it must rationally prescribe one system or model of ownership as opposed to others. Such a prescription would be rational only if strong normative arguments could be mounted to show it more desirable than its competitors. Thus, the prefatory work for such a theory would consist in the construction of viable models of ownership from which a sound choice could be made. This project would, however, be successful only if originating (...)
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  50. Fairness and Utility in Tort Theory.George P. Fletcher - 1972 - Harvard Law Review 85 (3):537-573.
    Professor Fletcher challenges the traditional account of the development of tort doctrine as a shift from an unmoral standard of strict liability for directly causing harm to a moral standard based on fault. He then sets out two paradigms of liability to serve as constructs for understanding competing ideological viewpoints about the proper role of tort sanctions. He asserts that the paradigm of reciprocity, which looks only to the degree of risk imposed by the parties to a lawsuit on each (...)
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