Results for 'Judicial reasoning'

997 found
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  1.  56
    Reasonableness on the Clapham Omnibus: Exploring the Outcome-Sensitive Folk Concept of Reasonable.Markus Kneer - forthcoming - In P. Bystranowski, Bartosz Janik & M. Prochnicki (eds.), Judicial Decision-Making: Integrating Empirical and Theoretical Perspectives. Springer Nature.
    This paper presents a series of studies (total N=579) which demonstrate that folk judgments concerning the reasonableness of decisions and actions depend strongly on whether they engender positive or negative consequences. A particular decision is deemed more reasonable in retrospect when it produces beneficial consequences than when it produces harmful consequences, even if the situation in which the decision was taken and the epistemic circumstances of the agent are held fixed across conditions. This finding is worrisome for the law, where (...)
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  2. Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in Edmondson, Kindrat and Brown.Lucinda Vandervort - 2012 - In Elizabeth Sheehy (ed.), SEXUAL ASSAULT IN CANADA: LAW, LEGAL PRACTICE & WOMEN'S ACTIVISM,. Ottawa, ON, Canada: Ottawa: University of Ottawa Press. pp. 111-150.
    In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the (...)
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  3.  46
    通商의 국내적 규제와 司法審査 -美國國際貿易法院의 반덤핑관할권에 관한 판례의 태도와 관할권문제의 性格과 意義 (Judicial Review of the International Trade Administration in USA: How it Perceives its Jurisdictional Dispute concerning the Anti-dumping laws and its Implications for South Korea).Kiyoung Kim - 2005 - 기업법연구 19 (3):73-105.
    This paper intends to articulate the jurisdictional issue of the Court of International Trade(CIT), particularly dealing with a legal dispute of the Anti-dumping law. While the international trade grows to be marshaled by a new institutional arrangement of WTO dispute settlement system, the role of CIT correspondingly plays a great deal of effect on this area of laws. It is considered that both arbitrating institutions have to drive a reasonable rule over the trade issues. This is particularly so in various (...)
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  4.  68
    Judicial Incoherence, Capital Punishment, and the Legalization of Torture.Guus Duindam - 2019 - Georgetown Law Journal Online 108 (74).
    This brief essay responds to the Supreme Court’s recent decision in Bucklew v. Precythe. It contends that the argument relied upon by the Court in that decision, as well as in Glossip v. Gross, is either trivial or demonstrably invalid. Hence, this essay provides a nonmoral reason to oppose the Court’s recent capital punishment decisions. The Court’s position that petitioners seeking to challenge a method of execution must identify a readily available and feasible alternative execution protocol is untenable, and must (...)
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  5. Madness and Judiciousness: A Phenomenological Reading of a Black Woman’s Encounter with a Saleschild.Emily S. Lee - 2010 - In Maria Del Guadalupe Davidson, Kathryn T. Gines & Donna-Dale L. Marcano (eds.), Convergences: Black Feminism and Continental Philosophy. SUNY Press.
    Patricia Williams in her book, The Alchemy of Race and Rights, describes being denied entrance in the middle of the afternoon by a “saleschild.” Utilizing the works of Maurice Merleau-Ponty, this article explores their interaction phenomenologically. This small interaction of seemingly simple misunderstanding represents a limit condition in Merleau-Ponty’s analysis. His phenomenological framework does not explain the chasm between the “saleschild” and Williams, that in a sense they do not participate in the same world. This interaction between the “saleschild” and (...)
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  6. The Prejudicial Effects of 'Reasonable Steps' in Analysis of Mens Rea and Sexual Consent: Two Solutions.Lucinda Vandervort - 2018 - Alberta Law Review 55 (4):933-970.
    This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether (...)
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  7. Can Literary Fiction Be Suppositional Reasoning?Gilbert Plumer - 2020 - In Catarina Dutilh Novaes, Henrike Jansen, Jan Albert Van Laar & Bart Verheij (eds.), Reason to Dissent: Proceedings of the 3rd European Conference on Argumentation, Vol. III. London, UK: College Publications. pp. 279-289.
    Suppositional reasoning can seem spooky. Suppositional reasoners allegedly (e.g.) “extract knowledge from the sheer workings of their own minds” (Rosa), even where the knowledge is synthetic a posteriori. Can literary fiction pull such a rabbit out of its hat? Where P is a work’s fictional ‘premise’, some hold that some works reason declaratively (supposing P, Q), imperatively (supposing P, do Q), or interrogatively (supposing P, Q?), and that this can be a source of knowledge if the reasoning is (...)
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  8. Flaming Misogyny or Blindly Zealous Enforcement? The Bizarre Case of R V George.Lucinda Vandervort - 2019 - Manitoba Law Journal 42 (3):1-38.
    This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade (...)
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  9. Ronald Dworkin and the Curious Case of the Floodgates Argument.Noam Gur - 2018 - Canadian Journal of Law and Jurisprudence 31 (2):323-345.
    This article juxtaposes a jurisprudential thesis and a practical problem in an attempt to gain critical insight into both. The jurisprudential thesis is Dworkin’s rights thesis. The practical problem revolves around judicial resort to the floodgates argument in civil adjudication (or, more specifically, a version of this argument focused on adjudicative resources, which is dubbed here the FA). The analysis yields three principal observations: (1) Judicial resort to the FA is discordant with the rights thesis. (2) The rights (...)
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  10.  95
    The Distinctiveness of Appellate Adjudication.Heidi Li Feldman - 2012 - Washington University Journal of Jurisprudence 5:61-105.
    This paper concerns two topics which, I hope to show, are vitally connected. One is the distinctive importance of appellate adjudication in the legal system of United States. The other is the workings of entangled concepts in the law. That appellate adjudication is important in some sense may seem obvious to everybody (to a few it will seem obvious that appellate adjudication is unimportant). My point will be that via appellate adjudication courts engineer entangled legal concepts, and it is this (...)
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  11. The Burqa Ban: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations.Ryan Long, Erik Baldwin, Anja Matwijkiw, Bronik Matwijkiw, Anna Oriolo & Willie Mack - 2018 - International Studies Journal 15 (1):157-206.
    As the title of the article suggests, “The Burqa Ban”: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations, the authors embark on a factually investigative as well as a reflective response. More precisely, they use The 2018 Danish “Burqa Ban”: Joining a European Trend and Sending a National Message (published as a concurrent but separate article in this issue of INTERNATIONAL STUDIES JOURNAL) as a platform for further analysis and discussion of different perspectives. These include (...)
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  12. Law and Philosophy: Selected Papers in Legal Theory.Csaba Varga (ed.) - 1994 - Budapest: ELTE “Comparative Legal Cultures” Project.
    Photomechanical reprint of papers from 1970 to 1992 mostly in English, some in German or French: Foreword 1–4; LAW AS PRACTICE ‘La formation des concepts en sciences juridiques’ 7–33, ‘Geltung des Rechts – Wirksamkeit des Rechts’ 35–42, ‘Macrosociological Theories of Law’ 43–76, ‘Law & its Inner Morality’ 77–89, ‘The Law & its Limits’ 91–96; LAW AS TECHNIQUE ‘Domaine »externe« & domaine »interne« en droit’ 99–117, ‘Die ministerielle Begründung’ 119–139, ‘The Preamble’ 141–167, ‘Presumption & Fiction’ 169–185, ‘Legal Technique’187–198; LAW AS LOGIC (...)
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  13. Sexual Consent as Voluntary Agreement: Tales of “Seduction” or Questions of Law?Lucinda Vandervort - 2013 - New Criminal Law Review 16 (1):143-201.
    This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific (...)
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  14. On the Fundamentals of Law and Public Policy.Kiyoung Kim - 2015 - SSRN.
    We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...)
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  15. The Debate on Constitutional Courts and Their Authority Between Legal and Political Constitutionalism.Valerio Fabbrizi - 2016 - Philosophica Critica 2 (2):47-70.
    The paper is focused on the criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty. This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish a possible rule of the (...)
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  16.  38
    Legal Evidence and Knowledge.Georgi Gardiner - forthcoming - In Clayton Littlejohn & Maria Lasonen Aarnio (eds.), The Routledge Handbook of the Philosophy of Evidence.
    This essay is an accessible introduction to the proof paradox in legal epistemology. -/- In 1902 the Supreme Judicial Court of Maine filed an influential legal verdict. The judge claimed that in order to find a defendant culpable, the plaintiff “must adduce evidence other than a majority of chances”. The judge thereby claimed that bare statistical evidence does not suffice for legal proof. -/- In this essay I first motivate the claim that bare statistical evidence does not suffice for (...)
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  17. The Morality of Achilles: Anger as A Moral Emotion.Adam Wallwork - 2014 - Indoensian Journal of International and Comparative Law 1 (2):333-365.
    Anger is central to moral and legal decision-making. Angry individuals reason differently than people in a temperate state. Aristotle and the ancient Greeks understood anger’s practical role in forensic argument and moral judgment—an intuition modern psychologists have largely confirmed. Psychological experiments show that people primed to anger will draw different inferences than people in a tranquil state of mind from the same factual circumstances. As Aristotle understood, our ability to reach conclusions about a set of facts is influenced by emotional (...)
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  18. The Reach of Amnesty for Political Crimes: Which Extra-Legal Burdens on the Guilty Does National Reconciliation Permit?Thaddeus Metz - 2011 - Constitutional Court Review 3:243-270.
    Suppose that it can be right to grant amnesty from criminal and civil liability to those guilty of political crimes in exchange for full disclosure about them. There remains this important question to ask about the proper form that amnesty should take: Which additional burdens, if any, should the state lift from wrongdoers in the wake of according them freedom from judicial liability? I answer this question in the context of a recent South African Constitutional Court case that considered (...)
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  19. Physics and the Philosophy of Science – Diagnosis and Analysis of a Misunderstanding, as Well as Conclusions Concerning Biology and Epistemology.Rudolf Lindpointner - manuscript
    For two reasons, physics occupies a preeminent position among the sciences. On the one hand, due to its recognized position as a fundamental science, and on the other hand, due to the characteristic of its obvious certainty of knowledge. For both reasons it is regarded as the paradigm of scientificity par excellence. With its focus on the issue of epistemic certainty, philosophy of science follows in the footsteps of classical epistemology, and this is also the basis of its 'judicial' (...)
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  20. Grounding Procedural Rights.N. P. Adams - 2019 - Legal Theory (1):3-25.
    Contrary to the widely accepted consensus, Christopher Heath Wellman argues that there are no pre-institutional judicial procedural rights. Thus commonly affirmed rights like the right to a fair trial cannot be assumed in the literature on punishment and legal philosophy as they usually are. Wellman canvasses and rejects a variety of grounds proposed for such rights. I answer his skepticism by proposing two novel grounds for procedural rights. First, a general right against unreasonable risk of punishment grounds rights to (...)
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  21. Between “Research” and “Innovative Therapy”: An Unsettled Moral Dilemma in the Muizelaar Case.Norman Swazo - manuscript
    Introduction In 2013, Dr. J. Muizelaar and Dr. R. Schrot, two neurosurgeons at the University of California Davis Medical Center (UCDMC), were found guilty of research misconduct due to failure to comply with institutional policies as well as Food and Drug Administration (FDA) regulations governing human subjects research. At issue here, however, is the difference between research and innovative therapy in the clinical setting of patient care where clinical judgment is reasonably to be privileged. Methods The UCDMC investigative document is (...)
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  22. Rethinking the Maxim Ignorantia Juris Non Excusat.Deepa Kansra - 2020 - Academia Letters.
    The proliferation of criminal laws in different legal systems has made legal practitioners and scholars deliberate upon the present day relevance of old age principles and concepts. The maxim ignorantia juris non excusat (ignorantia juris hereinafter) also falls in this category. The application of criminal law is said to rest on the maxim ignorantia juris, meaning ignorance of law is no excuse. The application of the maxim has from time immemorial been defended on grounds of convenience, utility, and community interests. (...)
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  23. Crushing Animals and Crashing Funerals: The Semiotics of Free Expression.Harold Anthony Lloyd - 2012 - First Amendment Law Review 12.
    With insights from philosophy of language and semiotics, this article addresses judicial choices and semantic errors involved in United States v. Stevens, 130 S.Ct. 1577 (2010) (refusing to read “killing” and “wounding” to include cruelty and thus striking down a federal statute outlawing videos of animal cruelty), and Snyder v. Phelps, 131 S.Ct. 1207 (2011) (finding a First Amendment right to picket military funerals and verbally attack parents of dead soldiers as part of purportedly-public expression). -/- This article maintains (...)
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  24.  54
    Gorsuch and Originalism: Some Lessons From Logic, Scripture, and Art.Harold Anthony Lloyd - manuscript
    Neil Gorsuch lauds judges who purport to “apply the law as it is, focusing backward, not forward, and looking to text, structure, and history to decide what a reasonable reader at the time of the events in question would have understood the law to be . . . .” It’s hard to see how such a form of Originalism withstands scrutiny. -/- First, using “reasonable reader” understandings rather than speaker meaning turns language and law on their heads. Audiences effectively become (...)
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  25. Interpreting the Rules of the Game.C. Mantzavinos - 2007 - In Christoph Engel Firtz Strack (ed.), The Impact of Court Procedure on the Psychology of Judicial Decision-Making. Baden-Baden: Nomos. pp. 16-30.
    After providing a brief overview of the economic theory of judicial decisions this paper presents an argument for why not only the economic theory of judicial decisions, but also the rational approach in general, most often fails in explaining decision-making. Work done within the research program of New Institutionalism is presented as a possible alternative. Within this research program judicial activity is conceptualized as the activity of "interpreting the rules of the game", i.e. the institutions that frame (...)
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  26. The Anthropocene Concept as a Wake-Up Call for Reforming Democracy.Jörg Tremmel - 2018 - In Thomas Hickmann, Lena Partzsch, Philipp H. Pattberg & Sabine Weiland (eds.), The Anthropocene Debate and Political Science. London, UK: Routledge. pp. 219-237.
    Human activity has reshaped all parts of the Earth system. For this reason, a vast majority of geologists at the 35th International Geological Congress in Cape Town (September 2016) spoke out in favor of changing the classification of geological epochs and of declaring a new world age – the Anthropocene. This chapter points at implications that the proclamation of the Anthropocene should have for the currently relevant concept of democracy. In particular, it is argued that the transition into a new (...)
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  27. The Utilitarian Theory of Equality Before the Law.William E. Conklin - 1976 - Ottawa Law Review 8 (3):485-517.
    This Article argues that a particular political theory underlies the judicial interpretation of ‘equality before the law’. The Canadian Courts at the date of writing have elaborated two tests for the signification of ‘equality before the law’. The Article traces the two tests to the utilitarian political theory outlined by John Stuart Mill. The one test sets out the ‘greatest happiness of the greatest number’ or ‘social interests’ as the criterion for adjudicating equality. The second test identifies the reasonable (...)
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  28.  96
    THE MECHANISM OF LAW AS MEDIUM OF VIOLENCE AND THE EMERGENCE OF END SARS: TOWARDS THE ARTICULATION OF GOOD LEADERSHIP IN NIGERIA.Simon Efenji, Joseph - 2018 - Journal of Rare Ideas 1 (1).
    This work establishes that the primary justification for the state is its role as the guarantor of last resort of the personal safety, liberty and property of the citizens. The essay upholds that the state exists fundamentally for the protection of life and property and ensuring the wellbeing of the citizens and unless it performs this basic function it has no reason to exist. The essay equally establishes that no other time since the civil war era has Nigeria's state been (...)
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  29.  38
    美國通商法上 禁輸措置(Embargo)에 관한 法理.Kiyoung Kim - 2006 - 기업법연구 20 (3):315-346.
    This paper explores the legal issues of embargo centering on judicial review of the trade administration. Embargo, one type of trade regulation, has a distinctive nature in that it involves an entire forestall of the importation from foreign countries. It is also distinguished from other tools of trade regulation, including anti-dumping tariffs, countervailing measure on the subsidies since it entangles with other complex considerations of diplomacy, national security, public health, and environmental policy. Therefore discretion from the trade administration, notwithstanding (...)
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  30.  67
    Enforcing the Sexual Laws: An Agenda for Action.Lucinda Vandervort - 1985 - Resources for Feminist Research 3 (4):44-45.
    Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length in (...)
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  31. Is Judicial Review Undemocratic?Annabelle Lever - 2009 - Perspectives on Politics 7 (4):897-915.
    This paper examines Jeremy Waldron’s ‘core case’ against judicial review. Waldron’s arguments, it shows, exaggerate the importance of voting to our judgements about the legitimacy and democratic credentials of a society and its government. Moreover, Waldron is insufficiently sensitive to the ways that judicial review can provide a legitimate avenue of political activity for those seeking to rectify historic injustice. While judicial review is not necessary for democratic government, the paper concludes that Waldron is wrong to believe (...)
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  32. The Reasons That Matter.Stephen Finlay - 2006 - Australasian Journal of Philosophy 84 (1):1 – 20.
    Bernard Williams's motivational reasons-internalism fails to capture our first-order reasons judgements, while Derek Parfit's nonnaturalistic reasons-externalism cannot explain the nature or normative authority of reasons. This paper offers an intermediary view, reformulating scepticism about external reasons as the claim not that they don't exist but rather that they don't matter. The end-relational theory of normative reasons is proposed, according to which a reason for an action is a fact that explains why the action would be good relative to some end, (...)
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  33. Reasons as Premises of Good Reasoning.Jonathan Way - 2017 - Pacific Philosophical Quarterly 98 (2).
    Many philosophers have been attracted to the view that reasons are premises of good reasoning – that reasons to φ are premises of good reasoning towards φ-ing. However, while this reasoning view is indeed attractive, it faces a problem accommodating outweighed reasons. In this article, I argue that the standard solution to this problem is unsuccessful and propose an alternative, which draws on the idea that good patterns of reasoning can be defeasible. I conclude by drawing (...)
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  34. Reasons as Evidence.Stephen Kearns & Daniel Star - 2009 - Oxford Studies in Metaethics 4:215-42.
    In this paper, we argue for a particular informative and unified analysis of normative reasons. According to this analysis, a fact F is a reason to act in a certain way just in case it is evidence that one ought to act in that way. Similarly, F is a reason to believe a certain proposition just in case it is evidence for the truth of this proposition. Putting the relatively uncontroversial claim about reasons for belief to one side, we present (...)
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  35. Must Reasons Be Either Theoretical or Practical? Aesthetic Criticism and Appreciative Reasons.Keren Gorodeisky - 2021 - Australasian Journal of Philosophy:1-17.
    A long debate in aesthetics concerns the reasoned nature of criticism. The main questions in the debate are whether criticism is based on (normative) reasons, whether critics communicate reasons for their audience’s responses, and if so, how to understand these critical reasons. I argue that a great obstacle to making any progress in this debate is the deeply engrained assumption, shared by all sides of the debate, that reasons can only be either theoretical reasons (i.e., those that explain what to (...)
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  36. How Reasons Are Sensitive to Available Evidence.Benjamin Kiesewetter - 2018 - In Conor McHugh, Jonathan Way & Daniel Whiting (eds.), Normativity: Epistemic and Practical. Oxford: Oxford University Press. pp. 90-114.
    In this paper, I develop a theory of how claims about an agent’s normative reasons are sensitive to the epistemic circumstances of this agent, which preserves the plausible ideas that reasons are facts and that reasons can be discovered in deliberation and disclosed in advice. I argue that a plausible theory of this kind must take into account the difference between synchronic and diachronic reasons, i.e. reasons for acting immediately and reasons for acting at some later point in time. I (...)
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  37. Reasons and Guidance.Jonathan Way & Daniel Whiting - 2016 - Analytic Philosophy 57 (3):214-235.
    Many philosophers accept a response constraint on normative reasons: that p is a reason for you to φ only if you are able to φ for the reason that p. This constraint offers a natural way to cash out the familiar and intuitive thought that reasons must be able to guide us, and has been put to work as a premise in a range of influential arguments in ethics and epistemology. However, the constraint requires interpretation and faces putative counter-examples due (...)
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  38. Pragmatic Reasons for Belief.Andrew Reisner - 2018 - In Daniel Star (ed.), The Oxford Handbook of Reasons and Normativity. Oxford University Press.
    This is a discussion of the state of discussion on pragmatic reasons for belief.
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  39. Normative Reasons as Reasons Why We Ought.Jacob M. Nebel - 2019 - Mind 128 (510):459-484.
    I defend the view that a reason for someone to do something is just a reason why she ought to do it. This simple view has been thought incompatible with the existence of reasons to do things that we may refrain from doing or even ought not to do. For it is widely assumed that there are reasons why we ought to do something only if we ought to do it. I present several counterexamples to this principle and reject some (...)
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  40. How Reasoning Aims at Truth.David Horst - 2021 - Noûs 55 (1):221-241.
    Many hold that theoretical reasoning aims at truth. In this paper, I ask what it is for reasoning to be thus aim-directed. Standard answers to this question explain reasoning’s aim-directedness in terms of intentions, dispositions, or rule-following. I argue that, while these views contain important insights, they are not satisfactory. As an alternative, I introduce and defend a novel account: reasoning aims at truth in virtue of being the exercise of a distinctive kind of cognitive power, (...)
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  41. What Reasoning Might Be.Markos Valaris - 2017 - Synthese 194 (6).
    The philosophical literature on reasoning is dominated by the assumption that reasoning is essentially a matter of following rules. This paper challenges this view, by arguing that it misrepresents the nature of reasoning as a personal level activity. Reasoning must reflect the reasoner’s take on her evidence. The rule-following model seems ill-suited to accommodate this fact. Accordingly, this paper suggests replacing the rule-following model with a different, semantic approach to reasoning.
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  42. Voluntarist Reasons and the Sources of Normativity.Ruth Chang - 2009 - In David Sobel & Steven Wall (eds.), Reasons for Action. Cambridge University Press. pp. 243-71.
    This paper investigates two puzzles in practical reason and proposes a solution to them. First, sometimes, when we are practically certain that neither of two alternatives is better than or as good as the other with respect to what matters in the choice between them, it nevertheless seems perfectly rational to continue to deliberate, and sometimes the result of that deliberation is a conclusion that one alternative is better, where there is no error in one’s previous judgment. Second, there are (...)
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  43. Reasons, Reason, and Context.Daniel Fogal - 2016 - In Errol Lord & Barry Maguire (eds.), Weighing Reasons. Oxford University Press.
    This paper explores various subtleties in our ordinary thought and talk about normative reasons—subtleties which, if taken seriously, have various upshots, both substantive and methodological. I focus on two subtleties in particular. The first concerns the use of reason (in its normative sense) as both a count noun and as a mass noun, and the second concerns the context-sensitivity of normative reasons-claims. The more carefully we look at the language of reasons, I argue, the clearer its limitations and liabilities become. (...)
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  44. Human Reasoning and Cognitive Science.Keith Stenning & Michiel van Lambalgen - 2008 - Boston, USA: MIT Press.
    In the late summer of 1998, the authors, a cognitive scientist and a logician, started talking about the relevance of modern mathematical logic to the study of human reasoning, and we have been talking ever since. This book is an interim report of that conversation. It argues that results such as those on the Wason selection task, purportedly showing the irrelevance of formal logic to actual human reasoning, have been widely misinterpreted, mainly because the picture of logic current (...)
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  45. Weighing Reasons.Stephen Kearns & Daniel Star - 2013 - Journal of Moral Philosophy 10 (1):70-86.
    This paper is a response to two sets of published criticisms of the 'Reasons as Evidence’ thesis concerning normative reasons, proposed and defended in earlier papers. According to this thesis, a fact is a normative reason for an agent to Φ just in case this fact is evidence that this agent ought to Φ. John Broome and John Brunero have presented a number of challenging criticisms of this thesis which focus, for the most part, on problems that it appears to (...)
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  46. Public Reason Can Be Reasonably Rejected.Franz Mang - 2017 - Social Theory and Practice 43 (2):343-367.
    Public reason as a political ideal aims to reconcile reasonable disagreement; however, is public reason itself the object of reasonable disagreement? Jonathan Quong, David Estlund, Andrew Lister, and some other philosophers maintain that public reason is beyond reasonable disagreement. I argue this view is untenable. In addition, I consider briefly whether or not two main versions of the public reason principle, namely, the consensus version and the convergence version, need to satisfy their own requirements. My discussion has several important implications (...)
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  47. Reasons and Theories of Sensory Affect.Murat Aydede & Matthew Fulkerson - 2019 - In David Bain, Michael Brady & Jennifer Corns (eds.), The Philosophy of Pain: Unpleasantness, Emotion, and Deviance. New York, USA: Routledge. pp. 27-59.
    Some sensory experiences are pleasant, some unpleasant. This is a truism. But understanding what makes these experiences pleasant and unpleasant is not an easy job. Various difficulties and puzzles arise as soon as we start theorizing. There are various philosophical theories on offer that seem to give different accounts for the positive or negative affective valences of sensory experiences. In this paper, we will look at the current state of art in the philosophy of mind, present the main contenders, critically (...)
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  48. Reasoning and Regress.Markos Valaris - 2014 - Mind 123 (489):101-127.
    Regress arguments have convinced many that reasoning cannot require beliefs about what follows from what. In this paper I argue that this is a mistake. Regress arguments rest on dubious (although deeply entrenched) assumptions about the nature of reasoning — most prominently, the assumption that believing p by reasoning is simply a matter of having a belief in p with the right causal ancestry. I propose an alternative account, according to which beliefs about what follows from what (...)
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  49. Aesthetic Reasons and the Demands They (Do Not) Make.Daniel Whiting - 2021 - Philosophical Quarterly 71 (2):407-427.
    What does the aesthetic ask of us? What claims do the aesthetic features of the objects and events in our environment make on us? My answer in this paper is: that depends. Aesthetic reasons can only justify feelings – they cannot demand them. A corollary of this is that there are no aesthetic obligations to feel, only permissions. However, I argue, aesthetic reasons can demand actions – they do not merely justify them. A corollary of this is that there are (...)
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  50. The Reasonable and the Relevant: Legal Standards of Proof.Georgi Gardiner - 2019 - Philosophy and Public Affairs 47 (3):288-318.
    According to a common conception of legal proof, satisfying a legal burden requires establishing a claim to a numerical threshold. Beyond reasonable doubt, for example, is often glossed as 90% or 95% likelihood given the evidence. Preponderance of evidence is interpreted as meaning at least 50% likelihood given the evidence. In light of problems with the common conception, I propose a new ‘relevant alternatives’ framework for legal standards of proof. Relevant alternative accounts of knowledge state that a person knows a (...)
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