Results for 'K. Robert Isaksen'

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Karl Robert Isaksen
University of Tromsø
  1.  86
    Without foundation or neutral standpoint: using immanent critique to guide a literature review.K. Robert Isaksen - 2018 - Journal of Critical Realism 17 (2):97-117.
    Literature reviews have traditionally been a simple exercise in reporting the current relevant research, both to provide an overview of the current status of the field, and perhaps to draw attention to controversies. From the perspective of positivist research traditions, it was important to neutrally report all the relevant research, which was assumed to be foundational. In this article, written for the Applied Critical Realism special issue of Journal of Critical Realism, I use my own research to illustrate how a (...)
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  2. Two Ways to Particularize a Property.Robert K. Garcia - 2015 - Journal of the American Philosophical Association 1 (4):635-652.
    Trope theory is an increasingly prominent contender in contemporary debates about the existence and nature of properties. But it suffers from ambiguity concerning the nature of a trope. Disambiguation reveals two fundamentally different concepts of a trope: modifier tropes and module tropes. These types of tropes are unequally suited for metaphysical work. Modifier tropes have advantages concerning powers, relations, and fundamental determinables, whereas module tropes have advantages concerning perception, causation, character-grounding, and the ontology of substance. Thus, the choice between modifier (...)
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  3. Tropes as Character-Grounders.Robert K. Garcia - 2016 - Australasian Journal of Philosophy 94 (3):499-515.
    There is a largely unrecognized ambiguity concerning the nature of a trope. Disambiguation throws into relief two fundamentally different conceptions of a trope and provides two ways to understand and develop each metaphysical theory that put tropes to use. In this paper I consider the relative merits that result from differences concerning a trope’s ability to ground the character of ordinary objects. I argue that on each conception of a trope, there are unique implications and challenges concerning character-grounding.
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  4. Is Trope Theory a Divided House?Robert K. Garcia - 2015 - In Gabriele Galluzzo Michael Loux (ed.), The Problem of Universals in Contemporary Philosophy. Cambridge University Press. pp. 133-155.
    In this paper I explore Michael Loux’s important distinction between “tropes” and “tropers”. First, I argue that the distinction throws into relief an ambiguity and discrepancy in the literature, revealing two fundamentally different versions of trope theory. Second, I argue that the distinction brings into focus unique challenges facing each of the resulting trope theories, thus calling into question an alleged advantage of trope theory—that by uniquely occupying the middle ground between its rivals, trope theory is able to recover and (...)
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  5. Closing in on Causal Closure.Robert K. Garcia - 2014 - Journal of Consciousness Studies 21 (1-2):96-109.
    I examine the meaning and merits of a premise in the Exclusion Argument, the causal closure principle that all physical effects have physical causes. I do so by addressing two questions. First, if we grant the other premises, exactly what kind of closure principle is required to make the Exclusion Argument valid? Second, what are the merits of the requisite closure principle? Concerning the first, I argue that the Exclusion Argument requires a strong, “stringently pure” version of closure. The latter (...)
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  6. Bare Particulars and Constituent Ontology.Robert K. Garcia - 2014 - Acta Analytica 29 (2):149-159.
    My general aim in this paper is to shed light on the controversial concept of a bare particular. I do so by arguing that bare particulars are best understood in terms of the individuative work they do within the framework of a realist constituent ontology. I argue that outside such a framework, it is not clear that the notion of a bare particular is either motivated or coherent. This is suggested by reflection on standard objections to bare particulars. However, within (...)
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  7. Tropes as Divine Acts: The Nature of Creaturely Properties in a World Sustained by God.Robert K. Garcia - 2015 - European Journal for Philosophy of Religion 7 (3):105--130.
    I aim to synthesize two issues within theistic metaphysics. The first concerns the metaphysics of creaturely properties and, more specifically, the nature of unshareable properties, or tropes. The second concerns the metaphysics of providence and, more specifically, the way in which God sustains creatures, or sustenance. I propose that creaturely properties, understood as what I call modifier tropes, are identical with divine acts of sustenance, understood as acts of property-conferral. I argue that this *theistic conferralism* is attractive because it integrates (...)
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  8. Tropes and Dependency Profiles: Problems for the Nuclear Theory of Substance.Robert K. Garcia - 2014 - American Philosophical Quarterly 51 (2):167-176.
    In this article I examine the compatibility of a leading trope bundle theory of substance, so-called Nuclear Theory, with trope theory more generally. Peter Simons (1994) originally proposed Nuclear Theory (NT), and continues to develop (1998, 2000) and maintain (2002/03) the view. Recently, building on Simons’s theory, Markku Keinänen (2011) has proposed what he calls the Strong Nuclear Theory (SNT). Although the latter is supposed to shore up some of NT’s weaknesses, it continues to maintain NT’s central tenet, the premise (...)
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  9. THE CASE FOR REPARATIONS.Robert K. Fullinwider - 2000 - Report From the Institute for Philosophy and Public Policy 20 (2):1-8.
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  10. Is it Possible to Care for Ecosystems? Policy Paralysis and Ecosystem Management.Robert K. Garcia & Jonathan A. Newman - 2016 - Ethics, Policy and Environment 19 (2):170-182.
    Conservationists have two types of arguments for why we should conserve ecosystems: instrumental and intrinsic value arguments. Instrumental arguments contend that we ought to conserve ecosystems because of the benefits that humans, or other morally relevant individuals, derive from ecosystems. Conservationists are often loath to rely too heavily on the instrumental argument because it could potentially force them to admit that some ecosystems are not at all useful to humans, or that if they are, they are not more useful than (...)
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  11. Nominalist Constituent Ontologies: A Development and Critique.Robert K. Garcia - 2009 - Dissertation, University of Notre Dame
    In this dissertation I consider the merits of certain nominalist accounts of phenomena related to the character of ordinary objects. What these accounts have in common is the fact that none of them is an error theory about standard cases of predication and none of them deploys God or uniquely theistic resources in its explanatory framework. -/- The aim of the dissertation is to answer the following questions: -/- • What is the best nominalist account on offer? • How might (...)
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  12. Introduction.Robert K. Garcia & Nathan L. King - 2009 - In Robert K. Garcia & Nathan L. King (eds.), Is Goodness Without God Good Enough? A Debate on Faith, Secularism, and Ethics. Rowman & Littlefield.
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  13. Towards a Just Solar Radiation Management Compensation System: A Defense of the Polluter Pays Principle.Robert K. Garcia - 2014 - Ethics, Policy and Environment 17 (2):178-182.
    In their ‘Ethical and Technical Challenges in Compensating for Harm Due to Solar Radiation Management Geoengineering’ (2014), Toby Svoboda and Peter Irvine (S&I) argue that there are significant technical and ethical challenges that stand in the way of crafting a just solar radiation management (SRM) compensation system. My aim in this article is to contribute to the project of addressing these problems. I do so by focusing on one of S&I’s important ethical challenges, their claim that the polluter pays principle (...)
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  14. Artificial Intelligence and Personhood.Robert K. Garcia - 2002 - In John Kilner, Diane Uustal & Christopher Hook (eds.), Cutting Edge Bioethics: A Christian Exploration of Technology and Trends.
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  15. Is God’s Benevolence Impartial?Robert K. Garcia - 2013 - Southwest Philosophy Review 29 (1):23-30.
    In this paper I consider the intuitive idea that God is fair and does not play favorites. This belief appears to be held by many theists. I will call it the Principle of Impartial Benevolence (PIB) and put it as follows: As much as possible, for all persons, God equally promotes the good and equally prevents the bad. I begin with the conviction that there is a prima facie tension between PIB and the disparity of human suffering. My aim in (...)
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  16. Theistic Conferralism: Consolidating Divine sustenance and Trope Theory.Robert K. Garcia - 2022 - In Gregory E. Ganssle (ed.), Philosophical Essays on Divine Causation. Routledge. pp. 233-250.
    This essay concerns the causation involved in divine sustenance—the “pressure of the will of God” that continually upholds things in existence and supplies them with their properties and powers. My aim is to consolidate the theological doctrine of sustenance and a metaphysical theory of properties. Towards that end, I develop and motivate two consolidatory proposals, which together secure a more parsimonious theistic ontology and integrate the doctrine of sustenance and a theory of properties in a mutually enhancing way. The bulk (...)
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  17. Playing the Hobbes Game at Philosophy Camp.Robert K. Garcia - 2021 - In Claire Elise Katz (ed.), Philosophy Camps for Youth: Everything You Wanted to Know about Starting, Organizing, and Running a Philosophy Camp. Lanham: Rowman & Littlefield Publishers. pp. 121-126.
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  18. Descartes’s Independence Conception of Substance and His Separability Argument for Substance Dualism.Robert K. Garcia - 2014 - Journal of Philosophical Research 39:165-190.
    I critically examine the view that Descartes’s independence conception (IC) of substance plays a crucial role in his “separability argument” for substance dualism. I argue that IC is a poisoned chalice. I do so by considering how an IC-based separability argument fares on two different ways of thinking about principal attributes. On the one hand, if we take principal attributes to be universals, then a separability argument that deploys IC establishes a version of dualism that is unacceptably strong. On the (...)
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  19. Getting Our Minds Out of the Gutter: Fallacies that Foul Our Discourse (and Virtues that Clean it Up).Robert K. Garcia & Nathan L. King - 2013 - In Michael W. Austin (ed.), Virtues in Action: New Essays in Applied Virtue Theory. Palgrave-Macmillan. pp. 190-206.
    Contemporary discourse is littered with nasty and derailed disagreements. In this paper we hope to help clean things up. We diagnose two patterns of thought that often plague and exacerbate controversy. We illustrate these patterns and show that each involves both a logical mistake and a failure of intellectual charity. We also draw upon recent work in social psychology to shed light on why we tend to fall into these patterns of thought. We conclude by suggesting how the intellectual virtues (...)
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  20. Philosophical Idling and Philosophical Relativity.Robert K. Garcia - 2015 - Ratio 28 (1):51-64.
    Peter Unger has challenged philosophical objectivism, the thesis that traditional philosophical problems have definite objective answers. He argues from semantic relativity for philosophical relativity, the thesis that for certain philosophical problems, there is no objective answer. I clarify, formulate and challenge Unger's argument. According to Unger, philosophical relativism explains philosophical idling, the fact that philosophical debates appear endless, philosophical disagreements seem irresolvable, and very little substantial progress seems made towards satisfactory and definite answers to philosophical problems. I argue, however, that (...)
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  21. Toward Intellectually Virtuous Discourse: Two Vicious Fallacies and the Virtues that Inhibit Them.Robert K. Garcia & Nathan L. King - 2015 - In Jason S. Baehr (ed.), Intellectual Virtues and Education: Essays in Applied Virtue Epistemology. New York: Routledge.
    We have witnessed the athleticization of political discourse, whereby debate is treated like an athletic contest in which the aim is to vanquish one's opponents. When political discourse becomes a zero-sum game, it is characterized by suspicions, accusations, belief polarization, and ideological entrenchment. Unfortunately, athleticization is ailing the classroom as well, making it difficult for educators to prepare students to make valuable contributions to healthy civic discourse. Such preparation requires an educational environment that fosters the intellectual virtues that characterize an (...)
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  22. Minds sans miracles: Colin McGinn's naturalized mysterianism.Robert K. Garcia - 2000 - Philosophia Christi 2 (2):227-242.
    In this paper, I discuss Colin McGinn’s claim that the mind is not miraculous but merely mysterious, and that this mystery is due to the limits of our cognitive faculties. To adequately present the flow and unity of McGinn’s overall argument, I offer an extended and uninterrupted précis of his case, followed by a critique. I will argue that McGinn’s argument is unsuccessful if it is intended to persuade non-naturalists, but nevertheless may be a plausible position for a naturalist, qua (...)
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  23. Can a Case for Naturalism be Naturalized?Robert K. Garcia - 2015 - Aporía: Revista Internacional de Investigaciones Filosóficas 10:4-11.
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  24. Food Ethics.Robert K. Garcia - 2015 - In Robert Audi (ed.), Cambridge Dictionary of Philosophy, 3rd Edition. Cambridge University Press.
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  25. Trope.Robert K. Garcia - 2015 - In Robert Audi (ed.), Cambridge Dictionary of Philosophy, 3rd Edition. Cambridge University Press.
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  26. La Bundle Theory y el Desafío del Carácter Denso [Bundle Theory and the Problem of Thick Character].Robert K. Garcia - 2020 - Humanities Journal of Valparaiso 16:111-136.
    The challenge of thick character consists in explaining the apparent fact that one object can be charactered in many ways. If we assume a trope bundle theory, we ought to answer in turn the two following questions: What are the requirements on a trope bundle theory if it is to adequately account for thick-character?; Is a trope bundle theory that meets those requirements preferable to rival theories? In order to address the above questions, the paper proceeds as follows. In the (...)
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  27. Sobre la Expresión “Propiedades Particularizadas”: Tropos Modificadores y Tropos Módulo.Robert K. Garcia - 2017 - In Ezequiel Zerbudis (ed.), Poderes Causales, Tropos, y Otras Criaturas Extrañas: Ensayos de Metafísica Analítica. Buenos Aires: Título. pp. 145-163.
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  28. The Semantics of Entailment.Richard Routley & Robert K. Meyer - 1973 - In Hugues Leblanc (ed.), Truth, Syntax, and Modality: Proceedings Of The Temple University Conference On Alternative Semantlcs. Amsterdam and London: North-Holland Publishing Company. pp. 199-243.
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  29. Chimpanzee Rights: The Philosophers' Brief.Kristin Andrews, Gary Comstock, G. K. D. Crozier, Sue Donaldson, Andrew Fenton, Tyler John, L. Syd M. Johnson, Robert Jones, Will Kymlicka, Letitia Meynell, Nathan Nobis, David M. Pena-Guzman & Jeff Sebo - 2018 - London: Routledge.
    In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...)
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  30. Stillbirths: Economic and Psychosocial Consequences.Alexander E. P. Heazell, Dimitros Siassakos, Hannah Blencowe, Zulfiqar A. Bhutta, Joanne Cacciatore, Nghia Dang, Jai Das, Bicki Flenady, Katherine J. Gold, Olivia K. Mensah, Joseph Millum, Daniel Nuzum, Keelin O'Donoghue, Maggie Redshaw, Arjumand Rizvi, Tracy Roberts, Toyin Saraki, Claire Storey, Aleena M. Wojcieszek & Soo Downe - 2016 - The Lancet 387 (10018):604-16.
    Despite the frequency of stillbirths, the subsequent implications are overlooked and underappreciated. We present findings from comprehensive, systematic literature reviews, and new analyses of published and unpublished data, to establish the effect of stillbirth on parents, families, health-care providers, and societies worldwide. Data for direct costs of this event are sparse but suggest that a stillbirth needs more resources than a livebirth, both in the perinatal period and in additional surveillance during subsequent pregnancies. Indirect and intangible costs of stillbirth are (...)
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  31.  58
    Philosophy of Technology: Who Is in the Saddle?Jeremy Swartz, Janet Wasko, Carolyn Marvin, Robert K. Logan & Beth Coleman - 2019 - Journalism and Mass Communication Quarterly 96 (2):351-366.
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  32. Personhood, Ethics, and Animal Cognition: Situating Animals in Hare's Two-Level Utilitarianism, by Gary E. Varner * The Philosophy of Animal Minds, edited by Robert W. Lurz.K. Andrews - 2014 - Mind 123 (491):959-966.
    A review of Personhood, Ethics, and Animal Cognition: Situating Animals in Hare’s Two-Level Utilitarianism, by Gary E. Varner. New York, NY: Oxford University Press, 2012. Pp. xv + 336. H/b £40.23. and The Philosophy of Animal Minds, edited by Robert W. Lurz. New York, NY: Cambridge University Press, 2009. Pp. 320. P/b £20.21.
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  33. Maximality, Function, and the Many.Robert Francescotti - 2019 - Metaphysica 20 (2):175-193.
    In the region where some cat sits, there are many very cat-like items that are proper parts of the cat (or otherwise mereologically overlap the cat) , but which we are inclined to think are not themselves cats, e.g. all of Tibbles minus the tail. The question is, how can something be so cat-like without itself being a cat. Some have tried to answer this “Problem of the Many” (a problem that arises for many different kinds of things we regularly (...)
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  34. Elements of Literature: Essay, Fiction, Poetry, Drama, Film.Robert Scholes, Carl H. Klaus, Nancy R. Comley & Michael Silverman (eds.) - 1991 - Oxford University Press USA.
    Providing the most thorough coverage available in one volume, this comprehensive, broadly based collection offers a wide variety of selections in four major genres, and also includes a section on film. Each of the five sections contains a detailed critical introduction to each form, brief biographies of the authors, and a clear, concise editorial apparatus. Updated and revised throughout, the new Fourth Edition adds essays by Margaret Mead, Russell Baker, Joan Didion, Annie Dillard, and Alice Walker; fiction by Nathaniel Hawthorne, (...)
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  35. The Knowledge of Good: Critique of Axiological Reason.Robert S. Hartman, Arthur R. Ellis & Rem B. Edwards (eds.) - 2002 - Rodopi.
    This book presents Robert S. Hartman's formal theory of value and critically examines many other twentieth century value theorists in its light, including A.J. Ayer, Kurt Baier, Brand Blanshard, Paul Edwards, Albert Einstein, William K. Frankena, R.M. Hare, Nicolai Hartmann, Martin Heidegger, G.E. Moore, P.H. Nowell-Smith, Jose Ortega y Gasset, Charles Stevenson, Paul W. Taylor, Stephen E. Toulmin, and J.O. Urmson. Open Access funding for this volume has been provided by the Robert S. Hartman Institute.
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  36. Acquired Innocence. The Law, the Charge, and K.'s Trial: Franz Kafka and Franz Brentano.Robert Welsh Jordan - manuscript
    Kafka's work provoked more than three decades of interpretations before Wagenbach provided information showing that Kafka was quite familiar with the work of Brentano and his Prague followers, including their unique conceptions of natural law, ethical concepts, and human acquaintance with them. Kafka took a lively interest in discussions in this Prague circle, and The Trial may without violence be read as a deliberate illustration for issues in philosophy of law as they would have been understood within this circle. This (...)
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  37. Das Gesetz, die Anklage und Ks Prozess.Robert Welsh Jordan - 1980 - In Jahrbuch der deutschen Schillergesellschaft. Alfred Kröner Verlag. pp. 332-356.
    DESCRIPTION—An essay showing Kafka's The Trial to be written as illustration of an important theory of natural that remains quite unknown all but a very few critics and commentators. CONTENTS 1. The charge against Joseph K. Ignorance of the natural sanction of law and custom a. Brentano's conception of natural law b. Natural law and human need in the Protagoras 2. Correct choice: Brentano's ethical theory a. The empirical origin of the concepts "good" and "better": analogous derivation of "true" b. (...)
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  38. Perfectoid Diamonds and n-Awareness. A Meta-Model of Subjective Experience.Shanna Dobson & Robert Prentner - manuscript
    In this paper, we propose a mathematical model of subjective experience in terms of classes of hierarchical geometries of representations (“n-awareness”). We first outline a general framework by recalling concepts from higher category theory, homotopy theory, and the theory of (infinity,1)-topoi. We then state three conjectures that enrich this framework. We first propose that the (infinity,1)-category of a geometric structure known as perfectoid diamond is an (infinity,1)-topos. In order to construct a topology on the (infinity,1)-category of diamonds we then propose (...)
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  39. Review of Properties and Propositions: The Metaphysics of Higher-Order Logic by Robert Trueman. [REVIEW]Nicholas K. Jones - forthcoming - Mind.
    This is a review of "Properties and Propositions: The Metaphysics of Higher-Order Logic" by Robert Trueman. Following an overview of the main themes of the book, I discuss the metaphysical presuppositions of Trueman's Fregean notation for predicate abstraction and evaluate his argument for strict typing.
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  40. Let’s be Reasonable.Deborah K. Heikes - 2009 - Southwest Philosophy Review 25 (1):127-134.
    Feminist philosophy is highly critical of Cartesian, and more broadly Enlightenment, conceptions of rationality. However, feminist philosophers typically fail to address contemporary theories of rationality and to consider how more current thoeories address feminist concerns. I argue that, contrary to their protestations, feminists are “obsessing over an outdated conception of reason” and that even the most suspect of “malestream” philosophers express an understanding of rationality that is closer to feminist concerns than Cartesian ones. I begin by briefly examining key features (...)
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  41. Saf Hoşgörünün Bir Elestirisi.Soner Soysal, Robert Paul Wolff, J. R. Barrington Moore & Herbert Marcuse - 2014 - Ankara, Turkey: Heretik Yayıncılık.
    Cambridge’deki büyük akademik cemaatin sakinleri olan bizler bir araya geldik ve hoşgörü ve onun egemen politik iklim içerisindeki yeri hakkında dostça ama ateşli bir tartışma yürüttük. Okuyucu, bizim nerelerde aynı düşüncede olmadığımızı bulmakta hiçbir zorluk çekmeyecektir. Diğer taraftan, farklı başlangıç noktalarından ve farklı yollardan hareketle yaklaşık olarak aynı yere ulaştık. Her birimiz için, egemen hoşgörü kuramı ve pratiğinin, incelendiği takdirde, korkunç politik gerçekleri gizlemeye yarayan bir maske olduğu ortaya çıktı. Kızgınlığın tonu makaleden makaleye keskin bir şekilde artmakta; belki de boş (...)
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  42. Robert K. Garcia and Nathan L. King , Is Goodness without God Good Enough? A Debate on Faith, Secularism, and Ethics, Rowman & Littlefield Publishers, 2009.Dieter Schönecker - 2013 - European Journal for Philosophy of Religion 5 (2):183-185.
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  43. Book Review:Studies in Perception Peter K. Machamer, Robert G. Turnbull. [REVIEW]Adam Morton - 1979 - Philosophy of Science 46 (4):657-.
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  44. Building Ontologies with Basic Formal Ontology.Robert Arp, Barry Smith & Andrew D. Spear - 2015 - Cambridge, MA: MIT Press.
    In the era of “big data,” science is increasingly information driven, and the potential for computers to store, manage, and integrate massive amounts of data has given rise to such new disciplinary fields as biomedical informatics. Applied ontology offers a strategy for the organization of scientific information in computer-tractable form, drawing on concepts not only from computer and information science but also from linguistics, logic, and philosophy. This book provides an introduction to the field of applied ontology that is of (...)
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  45. Agnotology: The Making and Unmaking of Ignorance.Robert N. Proctor & Londa Schiebinger (eds.) - 2008 - Stanford University Press Stanford, California.
    "This volume emerged from workshops held at Pennsylvania State University in 2003 and Stanford University in 2005"--P. vii.
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  46. Representing the Autism Spectrum.Robert Chapman & Walter Veit - 2020 - American Journal of Bioethics 20 (4):46-48.
    Volume 20, Issue 4, May 2020, Page 46-48.
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  47. Knowledge Based System for Diagnosing Custard Apple Diseases and Treatment.Mustafa M. K. Al-Ghoul, Mohammed H. S. Abueleiwa, Fadi E. S. Harara, Samir Okasha & Samy S. Abu-Naser - 2022 - International Journal of Academic Engineering Research (IJAER) 6 (5):41-45.
    There is no doubt that custard apple diseases are among the important reasons that destroy the Custard Apple plant and its agricultural crops. This leads to obvious damage to these plants and they become inedible. Discovering these diseases is a good step to provide the appropriate and correct treatment. Determining the treatment with high accuracy depends on the method used to correctly diagnose the disease, expert systems can greatly help in avoiding damage to these plants. The expert system correctly diagnoses (...)
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  48. Investigating modes of being in the world: an introduction to Phenomenologically grounded qualitative research.Allan Køster & Anthony Vincent Fernandez - 2021 - Phenomenology and the Cognitive Sciences 22 (1):149-169.
    In this article, we develop a new approach to integrating philosophical phenomenology with qualitative research. The approach uses phenomenology’s concepts, namely existentials, rather than methods such as the epoché or reductions. We here introduce the approach to both philosophers and qualitative researchers, as we believe that these studies are best conducted through interdisciplinary collaboration. In section 1, we review the debate over phenomenology’s role in qualitative research and argue that qualitative theorists have not taken full advantage of what philosophical phenomenology (...)
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  49. Evidential Reasoning in Archaeology.Robert Chapman & Alison Wylie - 2016 - London: Bloomsbury Academic Publishing.
    Material traces of the past are notoriously inscrutable; they rarely speak with one voice, and what they say is never unmediated. They stand as evidence only given a rich scaffolding of interpretation which is, itself, always open to challenge and revision. And yet archaeological evidence has dramatically expanded what we know of the cultural past, sometimes demonstrating a striking capacity to disrupt settled assumptions. The questions we address in Evidential Reasoning are: How are these successes realized? What gives us confidence (...)
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  50. Constitutional Rights and Proportionality.Robert Alexy - 2014 - Revus 22:51-65.
    There are two basic views concerning the relationship between constitutional rights and proportionality analysis. The first maintains that there exists a necessary connection between constitutional rights and proportionality, the second argues that the question of whether constitutional rights and proportionality are connected depends on what the framers of the constitution have actually decided, that is, on positive law. The first thesis may be termed ‘necessity thesis’, the second ‘contingency thesis’. According to the necessity thesis, the legitimacy of proportionality analysis is (...)
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