Results for 'James Law'

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  1. Corrupting the youth: a history of philosophy in Australia.James Franklin - 2003 - Sydney, Australia: Macleay Press.
    A polemical account of Australian philosophy up to 2003, emphasising its unique aspects (such as commitment to realism) and the connections between philosophers' views and their lives. Topics include early idealism, the dominance of John Anderson in Sydney, the Orr case, Catholic scholasticism, Melbourne Wittgensteinianism, philosophy of science, the Sydney disturbances of the 1970s, Francofeminism, environmental philosophy, the philosophy of law and Mabo, ethics and Peter Singer. Realist theories especially praised are David Armstrong's on universals, David Stove's on logical probability (...)
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  2. Bayesian perspectives on mathematical practice.James Franklin - 2020 - Handbook of the History and Philosophy of Mathematical Practice.
    Mathematicians often speak of conjectures as being confirmed by evidence that falls short of proof. For their own conjectures, evidence justifies further work in looking for a proof. Those conjectures of mathematics that have long resisted proof, such as the Riemann hypothesis, have had to be considered in terms of the evidence for and against them. In recent decades, massive increases in computer power have permitted the gathering of huge amounts of numerical evidence, both for conjectures in pure mathematics and (...)
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  3. Space, Pure Intuition, and Laws in the Metaphysical Foundations.James Messina - manuscript
    I am interested in the use Kant makes of the pure intuition of space, and of properties and principles of space and spaces (i.e. figures, like spheres and lines), in the special metaphysical project of MAN. This is a large topic, so I will focus here on an aspect of it: the role of these things in his treatment of some of the laws of matter treated in the Dynamics and Mechanics Chapters. In MAN and other texts, Kant speaks of (...)
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  4. Concepts of Objects as Prescribing Laws: A Kantian and Pragmatist Line of Thought.James O'Shea - 2016 - In Robert Stern and Gabriele Gava, eds., Pragmatism, Kant, and Transcendental Philosophy (London: Routledge): pp. 196–216. London, UK: pp. 196-216.
    Abstract: This paper traces a Kantian and pragmatist line of thinking that connects the ideas of conceptual content, object cognition, and modal constraints in the form of counterfactual sustaining causal laws. It is an idea that extends from Kant’s Critique of Pure Reason through C. I. Lewis’s Mind and the World-Order to the Kantian naturalism of Wilfrid Sellars and the analytic pragmatism of Robert Brandom. Kant put forward what I characterize as a modal conception of objectivity, which he developed as (...)
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  5. The Lord of Noncontradiction: An Argument for God from Logic.James N. Anderson & Greg Welty - 2011 - Philosophia Christi 13 (2):321 - 338.
    In this paper we offer a new argument for the existence of God. We contend that the laws of logic are metaphysically dependent on the existence of God, understood as a necessarily existent, personal, spiritual being; thus anyone who grants that there are laws of logic should also accept that there is a God. We argue that if our most natural intuitions about them are correct, and if they are to play the role in our intellectual activities that we take (...)
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  6. The Science of Conjecture: Evidence and Probability Before Pascal.James Franklin - 2001 - Baltimore, USA: Johns Hopkins University Press.
    How were reliable predictions made before Pascal and Fermat's discovery of the mathematics of probability in 1654? What methods in law, science, commerce, philosophy, and logic helped us to get at the truth in cases where certainty was not attainable? The book examines how judges, witch inquisitors, and juries evaluated evidence; how scientists weighed reasons for and against scientific theories; and how merchants counted shipwrecks to determine insurance rates. Also included are the problem of induction before Hume, design arguments for (...)
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  7. Hindu Nondual Philosophy, Spinoza, and the Mind-Body Problem.James H. Cumming - 2022 - Dogma: Revue de Philosophie Et de Sciences Humaines 19:20-48.
    This article is the SECOND of several excerpts from my book The Nondual Mind: Vedānta, Kashmiri Pratyabhijñā Shaivism, and Spinoza (the full book is posted on this site). “I liked James H. Cumming’s The Nondual Mind a lot. It is beautifully written, thoughtful, and very clear.” (Prof. Yitzhak Y. Melamed, Charlotte Bloomberg Professor of Philosophy, Johns Hopkins University) “James H. Cumming’s scholarly interpretation of Spinoza’s works, persuasively showing how 17th century European ideas that ushered in the Enlightenment find (...)
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  8. Kant's Necessitation Account of Laws and the Nature of Natures.James Messina - 2017 - In Michela Massimi & Angela Breitenbach (eds.), Kant and the Laws of Nature. New York: Cambridge University Press.
    I elaborate and defend a "necessitarian" interpretation of Kant's account of laws.
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  9. Two Problems in Spinoza's Theory of Mind.James Van Cleve - 2022 - Oxford Studies in Philosophy of Mind 2:337-378.
    My aim in what follows is to expound and (if possible) resolve two problems in Spinoza’s theory of mind. The first problem is how Spinoza can accept a key premise in Descartes’s argument for dualism—that thought and extension are separately conceivable, “one without the help of the other”—without accepting Descartes’s conclusion that no substance is both thinking and extended. Resolving this problem will require us to consider a crucial ambiguity in the notion of conceiving one thing without another, the credentials (...)
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  10. Ontic Structural Realism and Modality.Nora Berenstain & James Ladyman - 2012 - In Elaine Landry & Dean Rickles (eds.), Structural Realism: Structure, Object, and Causality. Springer.
    There is good reason to believe that scientific realism requires a commitment to the objective modal structure of the physical world. Causality, equilibrium, laws of nature, and probability all feature prominently in scientific theory and explanation, and each one is a modal notion. If we are committed to the content of our best scientific theories, we must accept the modal nature of the physical world. But what does the scientific realist’s commitment to physical modality require? We consider whether scientific realism (...)
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  11. Ethics of identity in the time of big data.James Brusseau - 2019 - First Monday 24 (5-6):00-11.
    Compartmentalizing our distinct personal identities is increasingly difficult in big data reality. Pictures of the person we were on past vacations resurface in employers’ Google searches; LinkedIn which exhibits our income level is increasingly used as a dating web site. Whether on vacation, at work, or seeking romance, our digital selves stream together. One result is that a perennial ethical question about personal identity has spilled out of philosophy departments and into the real world. Ought we possess one, unified identity (...)
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  12. Śaṅkara, Spinoza, and Acosmism.James H. Cumming - 2023 - Dogma: Revue de Philosophie Et de Sciences Humaines 23:74-91.
    This article is the SIXTH of several excerpts from my book The Nondual Mind: Vedānta, Kashmiri Pratyabhijñā Shaivism, and Spinoza (the full book is posted on this site). “I liked James H. Cumming’s The Nondual Mind a lot. It is beautifully written, thoughtful, and very clear.” (Prof. Yitzhak Y. Melamed, Charlotte Bloomberg Professor of Philosophy, Johns Hopkins University) “James H. Cumming’s scholarly interpretation of Spinoza’s works, persuasively showing how 17th century European ideas that ushered in the Enlightenment find (...)
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  13. Natural law ethics in disciplines abstract to applied.James Franklin - manuscript
    Language suggestive of natural law ethics, similar to the Catholic understanding of ethical foundations, is prevalent in a number of disciplines. But it does not always issue in a full-blooded commitment to objective ethics, being undermined by relativist ethical currents. In law and politics, there is a robust conception of "human rights", but it has become somewhat detached from both the worth of persons in themselves and from duties. In education, talk of "values" imports ethical considerations but hints at a (...)
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  14. The Morality of Substitution Intervention: The Case of Yemen.James Christensen - forthcoming - POLITICS.
    Throughout the Yemeni Civil War, western states have supplied weapons used in the indiscriminate bombing campaign conducted by the Saudis. In defence of their actions, British politicians have argued that they are exchanging weapons for influence, and using the influence obtained to encourage compliance with humanitarian law. An additional premise in the argument is that Britain is using its influence more benignly than alternative suppliers would use theirs if Britain were not on the scene. The idea is that Britain is (...)
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  15. Jesus Is an Anarchist.James Redford - 2021 - In The Physics of God and the Quantum Gravity Theory of Everything: And Other Selected Works. Chișinău, Moldova: Eliva Press. pp. 187-246.
    The teachings and actions of Jesus Christ (Yeshua Ha'Mashiach) and the apostles recorded in the New Testament are analyzed in regard to their ethical and political philosophy, with analysis of context vis-à-vis the Old Testament (Tanakh, or Hebrew Bible) being given. From this analysis, it is shown that Jesus is a libertarian anarchist, i.e., a consistent voluntaryist. The implications this has for the world are profound, and the ramifications of Jesus's anarchism to Christians' attitudes toward government (the state) and its (...)
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  16. The Analytic Pragmatist Conception of the A Priori: C. I. Lewis and Wilfrid Sellars.James O'Shea - 2017 - In Sarin Marchetti & Maria Baghramian (eds.), Pragmatism and the European Traditions: Encounters with Analytic Philosophy and Phenomenology Before the Great Divide. London and New York: Routledge. pp. 203–227.
    ABSTRACT: It is a familiar story that Kant’s defence of our synthetic a priori cognition in the Critique of Pure Reason suffered sharp criticism throughout the extended philosophical revolutions that established analytic philosophy, the pragmatist tradition, and the phenomenological tradition as dominant philosophical movements in the first half of the twentieth century. One of the most important positive adaptations of Kant’s outlook, however, was the combined analytic and pragmatist conceptions of the a priori that were developed by the American philosophers (...)
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  17. Time and Eternity.James H. Cumming - 2023 - Dogma: Revue de Philosophie Et de Sciences Humaines 22:58-67.
    This article is the FIFTH of several excerpts from my book The Nondual Mind: Vedānta, Kashmiri Pratyabhijñā Shaivism, and Spinoza (the full book is posted on this site). “I liked James H. Cumming’s The Nondual Mind a lot. It is beautifully written, thoughtful, and very clear.” (Prof. Yitzhak Y. Melamed, Charlotte Bloomberg Professor of Philosophy, Johns Hopkins University) “James H. Cumming’s scholarly interpretation of Spinoza’s works, persuasively showing how 17th century European ideas that ushered in the Enlightenment find (...)
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  18. Darcy's Law and Structural Explanation in Hydrology.James R. Hofmann & Paul A. Hofmann - 1992 - PSA: Proceedings of the Biennial Meeting of the Philosophy of Science Association 1992:23 - 35.
    Darcy's law is a phenomenological relationship for fluid flow rate that finds one of its principle applications in hydrology. Theoretical hydrologists rely upon a multiplicity of conceptual models to carry out approximate derivations of Darcy's law. These derivations provide structural explanations of the law; they require the application of fundamental principles, such as conservation of momentum, to idealized models of the porous media within which the flow occurs. In practice, recognition of the idealized conditions incorporated into models facilitates the empirical (...)
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  19. The objective Bayesian conceptualisation of proof and reference class problems.James Franklin - 2011 - Sydney Law Review 33 (3):545-561.
    The objective Bayesian view of proof (or logical probability, or evidential support) is explained and defended: that the relation of evidence to hypothesis (in legal trials, science etc) is a strictly logical one, comparable to deductive logic. This view is distinguished from the thesis, which had some popularity in law in the 1980s, that legal evidence ought to be evaluated using numerical probabilities and formulas. While numbers are not always useful, a central role is played in uncertain reasoning by the (...)
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  20. Moral psychology as a necessary bridge between social cognition and law.James Dunlea & Larisa Heiphetz - 2021 - Social Cognition 39:183–199.
    Coordinating competing interests can be difficult. Because law regulates human behavior, it is a candidate mechanism for creating coordination in the face of societal disagreement. We argue that findings from moral psy- chology are necessary to understand why law can effectively resolve co- occurring conflicts related to punishment and group membership. First, we discuss heterogeneity in punitive thought, focusing on punishment within the United States legal system. Though the law exerts a weak influence on punitive ideologies before punishment occurs, we (...)
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  21. The Physics of God and the Quantum Gravity Theory of Everything.James Redford - 2021 - In The Physics of God and the Quantum Gravity Theory of Everything: And Other Selected Works. Chișinău, Moldova: Eliva Press. pp. 1-186.
    Analysis is given of the Omega Point cosmology, an extensively peer-reviewed proof (i.e., mathematical theorem) published in leading physics journals by professor of physics and mathematics Frank J. Tipler, which demonstrates that in order for the known laws of physics to be mutually consistent, the universe must diverge to infinite computational power as it collapses into a final cosmological singularity, termed the Omega Point. The theorem is an intrinsic component of the Feynman-DeWitt-Weinberg quantum gravity/Standard Model Theory of Everything (TOE) describing (...)
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  22. Public Reason Naturalism.James Dominic Rooney - forthcoming - American Journal of Jurisprudence.
    I will argue that the natural law theory of morality, when extended into a political theory of justice, results in a picture of political justice much like that of public reason liberalism. However, natural law political theory, I argue, need not entail a natural law theory of morality. While facts about what societies ought to do supervene upon facts about what is good for human beings, there are distinct goods involved and distinct reasons for action. Rather, considerations taken from the (...)
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  23. Risk-driven global compliance regimes in banking and accounting: the new Law Merchant.James Franklin - 2005 - Law, Probability and Risk 4 (4):237-250.
    Powerful, technically complex international compliance regimes have developed recently in certain professions that deal with risk: banking (the Basel II regime), accountancy (IFRS) and the actuarial profession. The need to deal with major risks has acted as a strong driver of international co-operation to create enforceable international semilegal systems, as happened earlier in such fields as international health regulations. This regulation in technical fields contrasts with the failure of an international general-purpose political and legal regime to develop. We survey the (...)
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  24. Libertarian Anarchism Is Apodictically Correct.James Redford - 2021 - In The Physics of God and the Quantum Gravity Theory of Everything: And Other Selected Works. Chișinău, Moldova: Eliva Press. pp. 247-255.
    It is shown that libertarian anarchism (i.e., consistent liberalism) is unavoidably true.
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  25. How the Models of Chemistry Vie.James R. Hofmann - 1990 - PSA: Proceedings of the Biennial Meeting of the Philosophy of Science Association 1990:405 - 419.
    Building upon Nancy Cartwright's discussion of models in How the Laws of Physics Lie, this paper addresses solid state research in transition metal oxides. Historical analysis reveals that in this domain models function both as the culmination of phenomenology and the commencement of theoretical explanation. Those solid state chemists who concentrate on the description of phenomena pertinent to specific elements or compounds assess models according to different standards than those who seek explanation grounded in approximate applications of the Schroedinger equation. (...)
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  26. 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 rea (...)
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  27. Liberal arts and the failures of liberalism.James Dominic Rooney - 2024 - In James Dominic Rooney & Patrick Zoll (eds.), Beyond Classical Liberalism: Freedom and the Good. New York, NY: Routledge Chapman & Hall.
    Public reason liberalism is the political theory which holds that coercive laws and policies are justified when and only when they are grounded in reasons of the public. The standard interpretation of public reason liberalism, consensus accounts, claim that the reasons persons share or that persons can derive from shared values determine which policies can be justified. In this paper, I argue that consensus approaches cannot justify fair educational policies and preserving cultural goods. Consensus approaches can resolve some controversies about (...)
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  28. Kant’s Theoretical Philosophy: The ‘Analytic’ Tradition.James O'Shea - 2024 - In Mark Timmons & Sorin Baiasu (eds.), The Kantian Mind. London and New York: Routledge.
    ABSTRACT: In a previous article (O’Shea 2006) I provided a concise overview of the reception of Kant’s philosophy among analytic philosophers during the periods from the ‘early analytic’ reactions to Kant in Frege, Russell, Carnap and others, to the systematic Kant-inspired works in epistemology and metaphysics of C. I. Lewis and P. F. Strawson, in particular. In this chapter I use the recently reinvigorated work of Wilfrid Sellars (1912–1989) in the second half of the twentieth century as the basis for (...)
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  29. Freedom in a Deterministic Universe.James H. Cumming - 2022 - Dogma: Revue de Philosophie Et de Sciences Humaines 21:126-150.
    This article is the FOURTH of several excerpts from my book The Nondual Mind: Vedānta, Kashmiri Pratyabhijñā Shaivism, and Spinoza (the full book is posted on this site). “I liked James H. Cumming’s The Nondual Mind a lot. It is beautifully written, thoughtful, and very clear.” (Prof. Yitzhak Y. Melamed, Charlotte Bloomberg Professor of Philosophy, Johns Hopkins University) “James H. Cumming’s scholarly interpretation of Spinoza’s works, persuasively showing how 17th century European ideas that ushered in the Enlightenment find (...)
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  30. The Nondual Mind.James H. Cumming - 2022 - Dogma: Revue de Philosophie Et de Sciences Humaines 18:19-34.
    This article is the FIRST of several excerpts from my book The Nondual Mind: Vedānta, Kashmiri Pratyabhijñā Shaivism, and Spinoza (the full book is posted on this site). “I liked James H. Cumming’s The Nondual Mind a lot. It is beautifully written, thoughtful, and very clear.” (Prof. Yitzhak Y. Melamed, Charlotte Bloomberg Professor of Philosophy, Johns Hopkins University) “James H. Cumming’s scholarly interpretation of Spinoza’s works, persuasively showing how 17th century European ideas that ushered in the Enlightenment find (...)
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  31. How much of commonsense and legal reasoning is formalizable? A review of conceptual obstacles.James Franklin - 2012 - Law, Probability and Risk 11:225-245.
    Fifty years of effort in artificial intelligence (AI) and the formalization of legal reasoning have produced both successes and failures. Considerable success in organizing and displaying evidence and its interrelationships has been accompanied by failure to achieve the original ambition of AI as applied to law: fully automated legal decision-making. The obstacles to formalizing legal reasoning have proved to be the same ones that make the formalization of commonsense reasoning so difficult, and are most evident where legal reasoning has to (...)
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  32. Sellars's Interpretive Variations on Kant's Transcendental Idealist Themes.James O'Shea - 2018 - In Luca Corti & Antonio Nunziante (eds.), Sellars and the History of Modern Philosophy. New York, USA: Routledge. pp. 79-96.
    O'Shea concludes that Sellars's attempts to preserve the core truths in Kant's theory of experience and to integrate them with an overall scientific naturalist outlook can and should survive the rejection of several central components of Sellars's proposed adaptation of Kant's transcendental idealism: ABSTRACT: "Sellars’ career-long engagement with Kant’s philosophy involved both readings of Kant and appropriations of Kant that are nuanced, original, and related in complex ways to Sellars’ own philosophical views. In some ways similar to Strawson’s classic reading, (...)
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  33. Consciousness Explained?James H. Cumming - 2022 - Dogma: Revue de Philosophie Et de Sciences Humaines 20:62-74.
    This article is the THIRD of several excerpts from my book The Nondual Mind: Vedānta, Kashmiri Pratyabhijñā Shaivism, and Spinoza (the full book is posted on this site). “I liked James H. Cumming’s The Nondual Mind a lot. It is beautifully written, thoughtful, and very clear.” (Prof. Yitzhak Y. Melamed, Charlotte Bloomberg Professor of Philosophy, Johns Hopkins University) “James H. Cumming’s scholarly interpretation of Spinoza’s works, persuasively showing how 17th century European ideas that ushered in the Enlightenment find (...)
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  34. Innocent Burdens.James Edwin Mahon - 2014 - Washington and Lee Law Review 71.
    In this article Judith Jarvis Thomson's Good Samaritan Argument in defense of abortion in the case of rape is defended from two objections: the Kill vs. Let Die Objection, and the Intend to Kill vs. Merely Foresee Death Objection. The article concludes that these defenses do not defend Thomson from further objections from Peter Singer and David Oderberg.
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  35. Aquinas, Thomas.James Dominic Rooney - 2022 - In Mortimer Sellers & Stephan Kirste (eds.), Encyclopedia of the Philosophy of Law and Social Philosophy. Springer.
    [Encyclopedia entry] Born in Italy in 1225, and despite a relatively short career that ended around 50 years later in 1274, Thomas Aquinas went on to become one of the most influential medieval thinkers on political and legal questions. Aquinas was educated at both Cologne and Paris, later taking up (after some controversy) a chair as regent master in theology at the University of Paris, where he taught during two separate periods (1256-1259, 1269-1272). In the intermediate period he helped establish (...)
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  36. Late scholastic probable arguments and their contrast with rhetorical and demonstrative arguments.James Franklin - 2022 - Philosophical Inquiries 10 (2).
    Aristotle divided arguments that persuade into the rhetorical (which happen to persuade), the dialectical (which are strong so ought to persuade to some degree) and the demonstrative (which must persuade if rightly understood). Dialectical arguments were long neglected, partly because Aristotle did not write a book about them. But in the sixteenth and seventeenth century late scholastic authors such as Medina, Cano and Soto developed a sound theory of probable arguments, those that have logical and not merely psychological force but (...)
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  37. The Nondual Mind: Vedānta, Kashmiri Pratyabhijñā Shaivism, and Spinoza (manuscript, including detail omitted from the Dogma Revue articles).James H. Cumming - 2023 - Paris and Lyon: Dogma - Revue de Philosophie et de Sciences Humaines. Edited by Lucien Oulahbib.
    This book compares Hindu nondual philosophy to that of Baruch Spinoza, demonstrating the similarity of Spinoza’s ideas to Kashmiri Pratyabhijñā Shaivism. The book is well researched, but it is written in an informal style suitable for both scholars and the educated general public. There is already some scholarly literature comparing Spinoza’s philosophy to Śaṅkara’s Vedānta, but none of it has focused, as this book does, on philosophy of mind, and none of it has included nondual Kashmiri Shaivism in the comparison. (...)
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  38.  64
    The Nondual Mind: Vedānta, Kashmiri Pratyabhijñā Shaivism, and Spinoza (as published in Dogma Revue).James H. Cumming - 2023 - Paris and Lyon: Dogma - Revue de Philosophie et de Sciences Humaines.
    This single pdf includes ALL SEVEN of my Dogma Revue articles, which together comprise the entirety of my book The Nondual Mind: Vedānta, Kashmiri Pratyabhijñā Shaivism, and Spinoza (the full book in manuscript form is also posted on this site). The book compares Hindu nondual philosophy to that of Baruch Spinoza, demonstrating the similarity of Spinoza’s ideas to Kashmiri Pratyabhijñā Shaivism. The book is well researched, but it is written in an informal style suitable for both scholars and the educated (...)
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  39. Traditional Catholic philosophy: baby and bathwater.James Franklin - 2006 - In Michael Whelan (ed.), Issues for Church and Society in Australia. Sydney, Australia: St Pauls. pp. 15-32.
    The teaching of the Aquinas Academy in its first thirty years was based on the scholastic philosophy of Thomas Aquinas, then regarded as the official philosophy of the Catholic Church. That philosophy has not been so much heard of in the last thirty years, but it has a strong presence below the surface. Its natural law theory of ethics, especially, still informs Vatican pronouncements on moral topics such as contraception and euthanasia. It has also been important in Australia in the (...)
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  40. The promise of Roberts' “measurability account of la ws”.James Norris - 2004 - Southwest Philosophy Review 20 (2):117-128.
    There is a common argument form in the metaphysics of natural laws literature: a theory of natural law is attacked by offering a claim L as a law of scientific field F (physics, chemistry, biology, etc.), and from this law metaphysical implications contrary to the theory are drawn. Quite often however, L would not be regarded as a law by a scientist of F. Roberts' "measurability account of laws" offers a new and interesting way to more reliably identify the laws (...)
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  41. Kant, Morality, and Hell.James Edwin Mahon - 2015 - In Robert Arp & Benjamin McCraw (eds.), The Concept of Hell. Palgrave-Macmillan. pp. 113-126.
    In this paper I argue that, although Kant argues that morality is independent of God (and hence, agrees with the Euthyphro), and rejects Divine Command Theory (or Theological Voluntarism), he believes that all moral duties are also the commands of God, who is a moral being, and who is morally required to punish those who transgress the moral law: "God’s justice is the precise allocation of punishments and rewards in accordance with men’s good or bad behavior." However, since we lack (...)
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  42. The Leviathan Becoming a Cephalophore: Primogeniture and the Transition from Sovereignty to Governmentality.James Griffith - 2020 - Kaygi 19 (2):464-484.
    For Foucault, Hobbes is important for the transition from sovereignty to governmentality, but he does not always go into great detail how. In “Society Must Be Defended”, Hobbes’s reactions against the political historicism of his time lead him to an ahistorical foundation to the state. In Security, Territory, Population, his contract is emblematic of the art of government still caught in the logic of sovereignty. Management techniques, one of which being inheritance laws like primogeniture, inducing changes in a population’s milieu (...)
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  43. Catholic Values and Australian Realities.James Franklin - 2006 - Bacchus Marsh, Australia: Connor Court.
    Collection of articles on themes of Australian Catholic philosophy and history. Articles of philosophical interest include 'Catholic thought and Catholic Action: Dr Paddy Ryan MSC' (on the scholastic philosopher and anti-Communist), 'Catholic schooldays with philosophy', 'Traditional Catholic philosophy: baby and bathwater', 'Secular versus Catholic conceptions of values in Australian education', 'Accountancy as computational casuistics', 'The Mabo High Court and natural law values', and 'Stove, Hume and Enlightenment'.
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  44. Three separation theses.James Morauta - 2004 - Law and Philosophy 23 (2):111-135.
    Legal positivism's ``separation thesis'' is usually taken in one of two ways: as an analytic claim about the nature of law – roughly, as some version of the Social Thesis; or as a substantive claim about the moral value of law – roughly, as some version of the Value Thesis. In this paper I argue that we should recognize a third kind of positivist separation thesis, one which complements, but is distinct from, positivism's analytic and moral claims. The Neutrality Thesis (...)
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  45. Instinctualism: A Theory of Law from Within.James Rowe - manuscript
    Legal philosophy dates to the Ancient Greek Philosophers, and it continues to be a vigorously debated subject due to the fact that there does not exist a legal philosophy that is beyond reapproach that encapsulates law’s origins or purpose. This paper will introduce a new legal philosophy, which I have termed instinctualism. -/- Instinctualism is the idea that law originates from human instinct. Human beings are born with certain natural capacities that they learn to utilize as they mature. Examples include (...)
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  46. Life to the Full: Rights and Social Justice in Australia.James Franklin (ed.) - 2007 - Ballan, Australia: Connor Court.
    A collection of articles on the the principles of social justice from an Australian Catholic perspective. Contents: Forward (Archbishop Philip Wilson), Introduction (James Franklin), The right to life (James Franklin), The right to serve and worship God in public and private (John Sharpe), The right to religious formation (Richard Rymarz), The right to personal liberty under just law (Michael Casey), The right to equal protection of just law regardless of sex, nationality, colour or creed (Sam Gregg), The right (...)
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  47. The representation of context: Ideas from artificial intelligence.James Franklin - 2003 - Law, Probability and Risk 2:191-199.
    To move beyond vague platitudes about the importance of context in legal reasoning or natural language understanding, one must take account of ideas from artificial intelligence on how to represent context formally. Work on topics like prior probabilities, the theory-ladenness of observation, encyclopedic knowledge for disambiguation in language translation and pathology test diagnosis has produced a body of knowledge on how to represent context in artificial intelligence applications.
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  48. instinctualism: a theory of law from within.James Rowe - manuscript
    Legal philosophy dates to the Ancient Greek Philosophers, and it continues to be a vigorously debated subject due to the fact that there does not exist a legal philosophy that is beyond reapproach that encapsulates law’s origins or purpose. This paper will introduce a new legal philosophy, which I have termed instinctualism. -/- Instinctualism is the idea that law originates from human instinct. Human beings are born with certain natural capacities that they learn to utilize as they mature. Examples include (...)
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  49. Evidence gained from torture: Wishful thinking, checkability, and extreme circumstances.James Franklin - 2009 - Cardozo Journal of International and Comparative Law 17:281-290.
    "Does torture work?" is a factual rather than ethical or legal question. But legal and ethical discussions of torture should be informed by knowledge of the answer to the factual question of the reliability of torture as an interrogation technique. The question as to whether torture works should be asked before that of its legal admissibility—if it is not useful to interrogators, there is no point considering its legality in court.
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  50. D.M. Armstrong: Sydney's most distinguished philosopher: life and work.James Franklin - 2020 - Sydney Realist 41:1-6.
    David Armstrong (1926-2014) was much the most internationally successful philosopher to come from Sydney. His life moved from a privileged Empire childhood and student of John Anderson to acclaimed elder statesman of realist philosophy. His philosophy developed from an Andersonian realist inheritance to major contributions on materialist theory of mind and the theory of universals. His views on several other topics such as religion and ethics are surveyed briefly.
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