Results for 'John Hart'

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  1. Punishment and Responsibility: Essays in the Philosophy of Law.H. L. A. Hart - 1968 - Oxford University Press.
    This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.
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  2. Social Norms and Social Practices.John Lawless - 2023 - Philosophy and Social Criticism:1-27.
    Theories of social norms frequently define social norms in terms of individuals’ beliefs and preferences, and so afford individual beliefs and preferences conceptual priority over social norms. I argue that this treatment of social norms is unsustainable. Taking Bicchieri’s theory as an exemplar of this approach, I argue, first, that Bicchieri’s framework bears important structural similarities with the command theory of law; and second, that Hart’s arguments against the command theory of law, suitably recast, reveal the fundamental problems with (...)
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  3. Law and Morality: An Appraisal of Hart's Concept of Law.John Ezenwankwor - 2013 - Enugu Nigeria: Claretian Communications.
    In an attempt to resolve the problem or the marriage between law and morality, Dr. John Ezenwankwor publishes this book, Law and Morality: An Appraisal of Hart's Concept of Law. In it, he delves into a critical analysis of the works of a British legal philosopher, Herbert Lionel Adolphus Hart (1907-1992), who made landmark contributions to the moral and legal questions surrounding human actions or conducts. Incidentally, he surpasses his master, Hart, in this book, by correcting (...)
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  4. Equality and Differences.John Finnis - 2012 - Solidarity: The Journal of Catholic Social Thought and Secular Ethics 2 (1):Article 1.
    Fifty years ago this year a legal practitioner turned military intelligencer turned philosopher, Herbert Hart, published The Concept of Law, still deservedly best-seller in thought about law. It presents law, especially common law and constitutionally ordered systems such as ours, as a social reality which results from the sharing of ideas and making of decisions that, for good or evil, establish rules of law which are what they are, whether just or unjust. But right at its centre is a (...)
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  5. MORAL STRUCTURE OF LEGAL OBLIGATION.Kuczynski John-Michael - 2006 - Dissertation, University of California, Santa Barbara
    What are laws, and do they necessarily have any basis in morality? The present work argues that laws are governmental assurances of protections of rights and that concepts of law and legal obligation must therefore be understood in moral terms. There are, of course, many immoral laws. But once certain basic truths are taken into account – in particular, that moral principles have a “dimension of weight”, to use an expression of Ronald Dworkin’s, and also that principled relations are not (...)
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  6. The Hart-Rawls debate: libel, privacy infringement, reflective equilibrium.Terence Rajivan Edward - manuscript
    H.L.A. Hart objects to John Rawls’s liberty principle by drawing attention to how our legal system accepts the restriction of liberty to protect against other harms than liberty-deprivation, such as by laws against slander, libel, and publications which grossly infringe privacy. What is the solution for John Rawls, faced with this criticism? One solution is, by the reflective equilibrium method, to justify abandoning the judgment that these actions are immoral.
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  7. H.L.A. Hart, Scott Soames, and the priority of liberty rights over economic gains.Terence Rajivan Edward - manuscript
    This paper responds to material from Scott Soames’s wide ranging book The World Philosophy Made, material which I am actually tempted to overlook. Soames adds a detail to a criticism H.L.A. Hart makes of John Rawls, but I argue that Soames cannot consistently endorse this criticism, given his acceptance of trickle-down economics and his aspiration to cohere with a dominant strand of right-wing American philosophy.
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  8. Law Is the Command of the Sovereign: H. L. A. Hart Reconsidered.Andrew Stumpff Morrison - 2016 - Ratio Juris 29 (3):364-384.
    This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or (...)
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  9. An alternative to charitable interpretation, with H.L.A. Hart.Terence Rajivan Edward - manuscript
    Philosophers, and students of philosophy, are often advised to interpret other philosophers charitably. In this paper, I present an alternative to interpreting charitably. I call it “the simple-model technique” and use H.L.A. Hart responding to John Rawls to illustrate it.
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  10. Utilitarianism.John Stuart Mill - 2000 - In Steven M. Cahn (ed.), Exploring Philosophy: An Introductory Anthology. New York, NY, United States of America: Oxford University Press USA.
    John Stuart Mill's Utilitarianism is one of the most important, controversial, and suggestive works of moral philosophy ever written. Mill defends the view that all human action should produce the greatest happiness overall, and that happiness itself is to be understood as consisting in "higher" and "lower" pleasures. This volume uses the 1871 edition of the text, the last to be published in Mill's lifetime. The text is preceded by a comprehensive introduction assessing Mill's philosophy and the alternatives to (...)
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  11. On the relationship between propositional and doxastic justification.John Turri - 2010 - Philosophy and Phenomenological Research 80 (2):312-326.
    I argue against the orthodox view of the relationship between propositional and doxastic justification. The view under criticism is: if p is propositionally justified for S in virtue of S's having reason R, and S believes p on the basis of R, then S's belief that p is doxastically justified. I then propose and evaluate alternative accounts of the relationship between propositional and doxastic justification, and conclude that we should explain propositional justification in terms of doxastic justification. If correct, this (...)
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  12. A New Framework for Conceptualism.John Bengson, Enrico Grube & Daniel Z. Korman - 2010 - Noûs 45 (1):167 - 189.
    Conceptualism is the thesis that, for any perceptual experience E, (i) E has a Fregean proposition as its content and (ii) a subject of E must possess a concept for each item represented by E. We advance a framework within which conceptualism may be defended against its most serious objections (e.g., Richard Heck's argument from nonveridical experience). The framework is of independent interest for the philosophy of mind and epistemology given its implications for debates regarding transparency, relationalism and representationalism, demonstrative (...)
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  13. Contingent A Priori Knowledge.John Turri - 2010 - Philosophy and Phenomenological Research 83 (2):327-344.
    I argue that you can have a priori knowledge of propositions that neither are nor appear necessarily true. You can know a priori contingent propositions that you recognize as such. This overturns a standard view in contemporary epistemology and the traditional view of the a priori, which restrict a priori knowledge to necessary truths, or at least to truths that appear necessary.
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  14. A Manifesto for a Processual Philosophy of Biology.John A. Dupre & Daniel J. Nicholson - 2018 - In Daniel J. Nicholson & John Dupré (eds.), Everything Flows: Towards a Processual Philosophy of Biology. Oxford, United Kingdom: Oxford University Press.
    This chapter argues that scientific and philosophical progress in our understanding of the living world requires that we abandon a metaphysics of things in favour of one centred on processes. We identify three main empirical motivations for adopting a process ontology in biology: metabolic turnover, life cycles, and ecological interdependence. We show how taking a processual stance in the philosophy of biology enables us to ground existing critiques of essentialism, reductionism, and mechanicism, all of which have traditionally been associated with (...)
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  15. Libertarianism and the Problem of Flip-flopping.John Martin Fischer - 2016 - In Kevin Timpe & Daniel Speak (eds.), Free Will and Theism: Connections, Contingencies, and Concerns. Oxford: Oxford University Press UK. pp. 48-61.
    I am going to argue that it is a cost of libertarianism that it holds our status as agents hostage to theoretical physics, but that claim has met with disagreement. Some libertarians regard it as the cost of doing business, not a philosophical liability. By contrast, Peter van Inwagen has addressed the worry head on. He says that if he were to become convinced that causal determinism were true, he would not change his view that humans are free and morally (...)
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  16. Embodied remembering.John Sutton & Kellie Williamson - 2014 - In Lawrence A. Shapiro (ed.), The Routledge Handbook of Embodied Cognition. New York: Routledge.
    Experiences of embodied remembering are familiar and diverse. We settle bodily into familiar chairs or find our way easily round familiar rooms. We inhabit our own kitchens or cars or workspaces effectively and comfortably, and feel disrupted when our habitual and accustomed objects or technologies change or break or are not available. Hearing a particular song can viscerally bring back either one conversation long ago, or just the urge to dance. Some people explicitly use their bodies to record, store, or (...)
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  17. ‘I like to run to feel’: Embodiment and wearable mobile tracking devices in distance running.John Toner, Jacquelyn Allen-Collinson, Patricia Jackman, Luke Jones & Joe Addrison - 2023 - Qualitative Research in Sport, Exercise and Health 15.
    Many experienced runners consider the use of wearable devices an important element of the training process. A key techno-utopic promise of wearables lies in the use of proprietary algorithms to identify training load errors in real-time and alert users to risks of running-related injuries. Such real-time ‘knowing’ is claimed to obviate the need for athletes’ subjective judgements by telling runners how they have deviated from a desired or optimal training load or intensity. This realist-contoured perspective is, however, at odds with (...)
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  18. Knowledge judgments in “Gettier” cases.John Turri - 2016 - In Justin Sytsma & Wesley Buckwalter (eds.), A Companion to Experimental Philosophy. Malden, MA: Wiley. pp. 337-348.
    “Gettier cases” have played a major role in Anglo-American analytic epistemology over the past fifty years. Philosophers have grouped a bewildering array of examples under the heading “Gettier case.” Philosophers claim that these cases are obvious counterexamples to the “traditional” analysis of knowledge as justified true belief, and they treat correctly classifying the cases as a criterion for judging proposed theories of knowledge. Cognitive scientists recently began testing whether philosophers are right about these cases. It turns out that philosophers were (...)
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  19. Cultural Relativism.John J. Tilley - 2000 - In Ritzer George (ed.), Wiley-Blackwell Encyclopedia of Sociology, 2nd ed. Wiley-Blackwell.
    A brief reference article on cultural relativism, forthcoming in the Wiley-Blackwell Encyclopedia of Sociology, 2nd edition.
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  20. Reasons, Evidence, and Explanations.John Brunero - 2018 - In Daniel Star (ed.), The Oxford Handbook of Reasons and Normativity. New York, NY, United States of America: Oxford University Press. pp. 321-341.
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  21. Are perspectival shapes seen or imagined? An experimental approach.John Schwenkler & Assaf Weksler - 2019 - Phenomenology and the Cognitive Sciences 18 (5):855-877.
    This paper proposes a novel experimental approach that would help to determine whether perspectival shapes, such as the elliptical profile of a tilted plate or coin, are part of perceptual experience. If they are part of perceptual experience, then it should be possible to identify these shapes simply by attending appropriately to them. Otherwise, in order to identify perspectival shapes they must first be constructed in the visual imagination. We propose that these accounts of perspectival identification can be tested by (...)
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  22. Aristotle's Virtue Ethics.John Bowin - 2020 - In Bowin John (ed.), A Companion to World Literature. Wiley-Blackwell.
    Aristotle, though not the first Greek virtue ethicist, was the first to establish virtue ethics as a distinct philosophical discipline. His exposition of the subject in his Nicomachean Ethics set the terms of subsequent debate in the European and Arabic traditions by proposing a set of plausible assumptions from which virtue ethics should proceed. His conception of human well-being and virtue as well as his brand of ethical naturalism were influential from antiquity through the Middle Ages and continue to be (...)
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  23. Induction, Philosophical Conceptions of.John P. McCaskey - 2020 - Encyclopedia of Renaissance Philosophy.
    How induction was understood took a substantial turn during the Renaissance. At the beginning, induction was understood as it had been throughout the medieval period, as a kind of propositional inference that is stronger the more it approximates deduction. During the Renaissance, an older understanding, one prevalent in antiquity, was rediscovered and adopted. By this understanding, induction identifies defining characteristics using a process of comparing and contrasting. Important participants in the change were Jean Buridan, humanists such as Lorenzo Valla and (...)
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  24. Dreaming.John Sutton - 2009 - In Sarah Robins, John Francis Symons & Paco Calvo (eds.), The Routledge Companion to Philosophy of Psychology. New York, NY: Routledge.
    As a topic in the philosophy of psychology, dreaming is a fascinating, diverse, and severely underdeveloped area of study. The topic excites intense public interest in its own right, while also challenging our confidence that we know what the words “conscious” and “consciousness” mean. So dreaming should be at the forefront of our interdisciplinary investigations: theories of mind which fail to address the topic are incomplete. This chapter illustrates the tight links between conceptual and empirical issues by highlighting surprisingly deep (...)
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  25. Empathy.John Gibson - 2015 - In Noël Carroll & John Gibson (eds.), The Routledge Companion to Philosophy of Literature. New York: Routledge. pp. 200-219.
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  26. Not So Phenomenal!John Hawthorne & Maria Lasonen-Aarnio - 2021 - Philosophical Review 130 (1):1-43.
    The main aims in this article are to discuss and criticize the core thesis of a position that has become known as phenomenal conservatism. According to this thesis, its seeming to one that p provides enough justification for a belief in p to be prima facie justified. This thesis captures the special kind of epistemic import that seemings are claimed to have. To get clearer on this thesis, the article embeds it, first, in a probabilistic framework in which updating on (...)
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  27.  43
    Confucian Meritocratic Democracy over Democracy for Minority Interests and Rights.John J. Park - 2024 - Dao: A Journal of Comparative Philosophy 23 (1):25-38.
    In Western political philosophy, democracy is generally the dominant view regarding what the best form of government is, and this holds even in respect to promoting minority rights. However, I argue that there is a better theory for satisfying minority interests and rights. I amass numerous studies from the social sciences demonstrating how democracy does poorly in accounting for minority interests. I then contend that a particular hybrid view that fuses a meritocracy with democracy can do a better job than (...)
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  28.  85
    Affective, cognitive, and ecological components of joint expertise in collaborative embodied skills.John Sutton - 2024 - In Mirko Farina, Andrea Lavazza & Duncan Pritchard (eds.), Expertise: Philosophical Perspectives. Oxford University Press.
    To better understand the nature of joint expertise and its underlying processes, we need not only analyses of the general conditions for skilled group action, but also descriptive accounts of the features and dimensions that vary across distinct performances and contexts, such as sport and the arts. And in addition to positioning our accounts against current models of individual skill, we need concepts and lessons from work on collaborative processes in other cognitive domains. This paper examines ecological or situational components (...)
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  29.  51
    Loneliness in medicine and relational ethics: A phenomenology of the physician-patient relationship.John D. Han, Benjamin W. Frush & Jay R. Malone - forthcoming - Clinical Ethics.
    Loneliness in medicine is a serious problem not just for patients, for whom illness is intrinsically isolating, but also for physicians in the contemporary condition of medicine. We explore this problem by investigating the ideal physician-patient relationship, whose analogy with friendship has held enduring normative appeal. Drawing from Talbot Brewer and Nir Ben-Moshe, we argue that this appeal lies in a dynamic form of companionship incompatible with static models of friendship-like physician-patient relationships: a mutual refinement of embodied virtue that draws (...)
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  30. Moral Realism and the Search for Ideological Truth: A Philosophical-Psychological Collaboration.John T. Jost & Lawrence Jost - 2023 - In Robin Celikates, Sally Haslanger & Jason Stanley (eds.), Analyzing Ideology. Oxford University Press.
    Scholars of ideology in social-scientific disciplines, including psychology, sociology, and political science, stand to benefit from taking seriously the philosophical contributions of Professor Peter Railton. This is because Railton provides much-needed conceptual precision—and a rare sense of epistemological and moral clarity—to a topic that is notoriously slippery and prone to relativistic musing and the drawing of false equivalences. In an essay entitled “Morality, Ideology, and Reflection: Or, the Duck Sits Yet,” Railton (2000/2003) aptly identified the purpose of ideological analysis as (...)
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  31. 'Yes, and ...': having it all in improvisation studies.John Sutton - 2021 - In J. McGuirk, S. Ravn & S. Høffding (eds.), Improvisation: The Competence(s) of Not Being in Control. Routledge. pp. 200-209.
    As one of the first readers of this fine collection of chapters in improvisation studies, I’ve been interactively constructing my experiences and interpretations of the chapters as I go along. Engaged reading – like all our characteristic activities – has a substantial improvisatory dimension. Readers are neither passively downloading data transmitted fully formed from the contributors’ minds nor making up whatever we like, projecting our own views onto a blank slate of a book. In forging and sharing here my own (...)
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  32.  35
    A Story of Corruption: False Pleasure and the Methodological Critique of Hedonism in Plato’s Philebus.John Proios - forthcoming - Ancient Philosophy.
    In Plato’s Philebus, Socrates’ second account of ‘false’ pleasure (41d-42c) outlines a form of illusion: pleasures that appear greater than they are. I argue that these pleasures are perceptual misrepresentations. I then show that they are the grounds for a methodological critique of hedonism. Socrates identifies hedonism as a judgment about the value of pleasure based on a perceptual misrepresentation of size, witnessed paradigmatically in the ‘greatest pleasures’.
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  33. Practical reasoning and inference.John Broome - 2013 - In David Bakhurst, Margaret Olivia Little & Brad Hooker (eds.), Thinking about reasons: themes from the philosophy of Jonathan Dancy. Oxford, United Kingdom: Oxford University Press. pp. 286–309.
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  34. Satisficing.John Turri - 2013 - In J. E. Crimmins & D. C. Long (eds.), Encyclopedia of Utilitarianism. Bloomsbury Academic.
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  35. The Blame of Infertility in Families amongst the Ikwerre People of Rivers State.Grace Lawrence-Hart & Gregory Ajima Onah - 2019 - American Journal of Humanities and Social Sciences Research 3 (10).
    Infertility, the inability to get pregnant after twelve months or more regular unprotected sexual intercourse is a global phenomenon but among the Ikwerre people of Rivers State, the blame of infertility in the family is always shifted to the woman despite the discovery of modern diagnosis that reveals that men and women can be responsible for childlessness. This research brings to bear the fact that modernity has not affected the Ikwerre people on the blame game of infertility in families. Thus, (...)
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  36. Ordinary Returns in Le notti di Cabiria.John Gibson - 2023 - In Craig Fox & Britt Harrison (eds.), Philosophy of Film Without Theory. Palgrave Macmillan. pp. 99-113.
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  37. Soul and Body.John Sutton - 2013 - In Peter R. Anstey (ed.), The Oxford handbook of British philosophy in the seventeenth century. Oxford, England: Oxford University Press. pp. 285-307.
    Ideas about soul and body – about thinking or remembering, mind and life, brain and self – remain both diverse and controversial in our neurocentric age. The history of these ideas is significant both in its own right and to aid our understanding of the complex sources and nature of our concepts of mind, cognition, and psychology, which are all terms with puzzling, difficult histories. These topics are not the domain of specialists alone, and studies of emotion, perception, or reasoning (...)
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  38. Inventer des espaces d’(im)possibilités dans les professions d’urbanisme et de design.John Forester - 2010 - Les ateliers de l'éthique/The Ethics Forum 5 (2):52-60.
    Cet essai a été présenté à l’atelier sur La démocratie de l’espace et l’espace de la démocratie, qui a eu lieu à Newcastle, en Angleterre, le 11 janvier 2008. Une version antérieure a été présentée à l’Université de Tokyo le 13 novembre 2007. Il sera publié en néerlandais, traduit par Freek Jansens, sous le titre “het plannen van ruimtes van (on)mogelijkheid” dans une collection éditée par Maarten Hajer et Jantine Grijzen sur les questions de politique contemporaine. Il a été traduit (...)
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  39.  15
    Why Meritocratic Democracy is Better than Democracy.John J. Park - 2022 - In Leland Harper (ed.), The Crisis of American Democracy: Essays on a Failing Institution. Vernon Press. pp. Chapter 6.
    The other major question in the history of political philosophy besides the issue of distributive justice is what the best form of government is. In Western philosophy, the received view is democracy. However, this paper challenges this thesis by presenting arguments against democracy relying in significant part on empirical data from political science and political psychology. Moreover, it presents a general case for a hybrid view over democracy for the legislative and executive branches that appends a meritocracy or rule by (...)
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  40. Assertion.John Turri - 2015 - In Robert Audi (ed.), Cambridge Dictionary of Philosophy, 3rd Edition. Cambridge University Press.
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  41. Folk Moral Relativism.Hagop Sarkissian, John Park, David Tien, Jennifer Cole Wright & Joshua Knobe - 2011 - Mind and Language 26 (4):482-505.
    It has often been suggested that people's ordinary understanding of morality involves a belief in objective moral truths and a rejection of moral relativism. The results of six studies call this claim into question. Participants did offer apparently objectivist moral intuitions when considering individuals from their own culture, but they offered increasingly relativist intuitions considering individuals from increasingly different cultures or ways of life. The authors hypothesize that people do not have a fixed commitment to moral objectivism but instead tend (...)
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  42.  21
    Theories of Concepts and Moral Truth.John J. Park - 2013 - In Lambert Zuidervaart, Allyson Carr, Matthew J. Klassen, Ronnie Shuker & Matthew J. Klaassen (eds.), Truth Matters: Knowledge, Politics, Ethics, Religion. Mcgill-Queen's University Press. pp. 211-224.
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  43. Ambivalence, Incoherence, and Self-Governance.John Brunero - 2021 - In Berit Brogaard & Dimitria Electra Gatzia (eds.), The Philosophy and Psychology of Ambivalence: Being of Two Minds. New York: Routledge.
    The paper develops two objections to Michael Bratman’s self-governance approach to the normativity of rational requirements. Bratman, drawing upon work by Harry Frankfurt, argues that having a place where one stands is a necessary, constitutive element of self-governance, and that violations of the consistency and coherence requirements on intentions make one lack a place where one stands. This allows for reasons of self-governance to ground reasons to comply with these rational requirements, thereby vindicating the normativity of rationality. The first objection (...)
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  44. Everything Flows: Towards a Processual Philosophy of Biology.Daniel J. Nicholson & John Dupré (eds.) - 2018 - Oxford, United Kingdom: Oxford University Press.
    This collection of essays explores the metaphysical thesis that the living world is not made up of substantial particles or things, as has often been assumed, but is rather constituted by processes. The biological domain is organised as an interdependent hierarchy of processes, which are stabilised and actively maintained at different timescales. Even entities that intuitively appear to be paradigms of things, such as organisms, are actually better understood as processes. Unlike previous attempts to articulate processual views of biology, which (...)
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  45. Structured and Unstructured Valuation.John Broome - 1994 - Analyse & Kritik 16 (2):121-132.
    Economists can value things for cost-benefit analysis using either a structured or an unstructured approach. The first imposes some theoretical structure on the valuation; the second does not. This paper explains the difference between the approaches and examines the relative merits of each. Cost-benefit analysis may be aimed at finding what would be the best action, or alternatively at finding which action should be done in a democracy. The paper explains the difference, and argues that the appropriate aim is the (...)
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  46. Place and memory: history, cognition, phenomenology.John Sutton - 2020 - In Mary Floyd-Wilson & Garrett A. Sullivan (eds.), Geographies of Embodiment in Early Modern England. Oxford University Press. pp. 113-133.
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  47. Ernest Sosa.John Turri - 2015 - In Robert Audi (ed.), Cambridge Dictionary of Philosophy, 3rd Edition. Cambridge University Press.
    A lexicographical entry on "Ernest Sosa".
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  48. The Universe:a Philosophical derivation of a Final Theory.John F. Thompson - manuscript
    The reason for physics’ failure to find a final theory of the universe is examined. Problems identified are: the lack of unequivocal definitions for its fundamental elements (time, length, mass, electric charge, energy, work, matter-waves); the danger of relying too much on mathematics for solutions; especially as philosophical arguments conclude the universe cannot have a mathematical basis. It does not even need the concept of number to exist. Numbers and mathematics are human inventions arising from the human predilection for measurement. (...)
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  49. Chapter 20: Empathy.John Gibson - 2015 - In Noël Carroll & John Gibson (eds.), The Routledge Companion to Philosophy of Literature. New York: Routledge.
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  50.  89
    Mark A. Bedau and Emily C. Parke : The Ethics of Protocells: Moral and Social Implications of Creating Life in the Laboratory : MIT Press, Cambridge, MA, 2009, 365 pp, ISBN 978-0-262-01262-1, ISBN 978-0-262-51269-5.John P. Sullins - 2012 - Acta Biotheoretica 60 (3):329-332.
    A review with commentary on Mark A. Bedau and Emily C. Parke (eds): The Ethics of Protocells: Moral and Social Implications of Creating Life in the Laboratory (Basic Bioethics series) MIT Press, Cambridge,MA, 2009, 365 pp, ISBN 978-0-262-01262-1, ISBN 978-0-262-51269-5.
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