Results for 'Ken Kalling'

130 found
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  1. Epistemic Paternalism in Public Health.Kalle Grill & Sven Ove Hansson - 2005 - Journal of Medical Ethics 31 (11):648-653.
    Receiving information about threats to one’s health can contribute to anxiety and depression. In contemporary medical ethics there is considerable consensus that patient autonomy, or the patient’s right to know, in most cases outweighs these negative effects of information. Worry about the detrimental effects of information has, however, been voiced in relation to public health more generally. In particular, information about uncertain threats to public health, from—for example, chemicals—are said to entail social costs that have not been given due consideration. (...)
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  2. Let's Not Do Responsibility Skepticism.Ken M. Levy - 2023 - Journal of Applied Philosophy 40 (3):458-73.
    I argue for three conclusions. First, responsibility skeptics are committed to the position that the criminal justice system should adopt a universal nonresponsibility excuse. Second, a universal nonresponsibility excuse would diminish some of our most deeply held values, further dehumanize criminals, exacerbate mass incarceration, and cause an even greater number of innocent people (nonwrongdoers) to be punished. Third, while Saul Smilansky's ‘illusionist’ response to responsibility skeptics – that even if responsibility skepticism is correct, society should maintain a responsibility‐realist/retributivist criminal justice (...)
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  3. How Much Ambiguity Aversion? Finding Indifferences between Ellsberg's Risky and Ambiguous Bets.Ken Binmore, Lisa Stewart & Alex Voorhoeve - 2012 - Journal of Risk and Uncertainty 45 (3):215-38.
    Experimental results on the Ellsberg paradox typically reveal behavior that is commonly interpreted as ambiguity aversion. The experiments reported in the current paper find the objective probabilities for drawing a red ball that make subjects indifferent between various risky and uncertain Ellsberg bets. They allow us to examine the predictive power of alternative principles of choice under uncertainty, including the objective maximin and Hurwicz criteria, the sure-thing principle, and the principle of insufficient reason. Contrary to our expectations, the principle of (...)
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  4. The autonomy of psychology in the age of neuroscience.Ken Aizawa & Carl Gillet - 2011 - In Phyllis McKay Illari Federica Russo (ed.), Causality in the Sciences. Oxford University Press. pp. 202--223.
    Sometimes neuroscientists discover distinct realizations for a single psychological property. In considering such cases, some philosophers have maintained that scientists will abandon the single multiply realized psychological property in favor of one or more uniquely realized psychological properties. In this paper, we build on the Dimensioned theory of realization and a companion theory of multiple realization to argue that this is not the case. Whether scientists postulate unique realizations or multiple realizations is not determined by the neuroscience alone, but by (...)
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  5. The normative core of paternalism.Kalle Grill - 2007 - Res Publica 13 (4):441-458.
    The philosophical debate on paternalism is conducted as if the property of being paternalistic should be attributed to actions. Actions are typically deemed to be paternalistic if they amount to some kind of interference with a person and if the rationale for the action is the good of the person interfered with. This focus on actions obscures the normative issues involved. In particular, it makes it hard to provide an analysis of the traditional liberal resistance to paternalism. Given the fact (...)
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  6. Antipaternalism as a Filter on Reasons.Kalle Grill - 2015 - In Thomas Schramme (ed.), New Perspectives on Paternalism and Health Care. Cham: Springer Verlag.
    I first distinguish four types of objection to paternalism and argue that only one – the principled objection – amounts to a substantive and distinct normative doctrine. I then argue that this doctrine should be understood as preventing certain facts from playing the role of reasons they would otherwise play. I explain how this filter approach makes antipaternalism independent of several philosophical controversies: On the role reasons play, on what reasons there are, and on how reasons are related to values. (...)
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  7. Paternalism.Kalle Grill - 2011 - In Ruth Chadwick (ed.), Encyclopedia of Applied Ethics. Academic Press.
    Paternalism means, roughly, benevolent interference: benevolent because it aims at promoting or protecting a person’s good; interference because it restricts his liberty without his consent. The paternalist believes herself superior in that she can secure some benefit for the person that he himself will not secure. Paternalism is opposed by the liberal tradition, at least when it targets sufficiently voluntary behavior. In legal contexts, policies may be paternalistic for some and not for others, forcing trade-offs. In medical contexts, paternalism can (...)
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  8. Liberalism, altruism and group consent.Kalle Grill - 2009 - Public Health Ethics 2 (2):146-157.
    This article first describes a dilemma for liberalism: On the one hand restricting their own options is an important means for groups of people to shape their lives. On the other hand, group members are typically divided over whether or not to accept option-restricting solutions or policies. Should we restrict the options of all members of a group even though some consent and some do not? This dilemma is particularly relevant to public health policy, which typically target groups of people (...)
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  9. Utilitarianism with and without expected utility.David McCarthy, Kalle Mikkola & Joaquin Teruji Thomas - 2020 - Journal of Mathematical Economics 87:77-113.
    We give two social aggregation theorems under conditions of risk, one for constant population cases, the other an extension to variable populations. Intra and interpersonal welfare comparisons are encoded in a single ‘individual preorder’. The theorems give axioms that uniquely determine a social preorder in terms of this individual preorder. The social preorders described by these theorems have features that may be considered characteristic of Harsanyi-style utilitarianism, such as indifference to ex ante and ex post equality. However, the theorems are (...)
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  10. Paternalism by and towards groups.Kalle Grill - 2018 - In Kalle Grill & Jason Hanna (eds.), The Routledge Handbook of the Philosophy of Paternalism. Routledge. pp. 46-58.
    In many or most instances of paternalism, more than one person acts paternalistically, or more than one person is treated paternalistically. This chapter discusses some complications that arise in such group cases, which are largely ignored in the conceptual debate. First, a group of people who together perform an action may do so for different reasons, which makes it more challenging to determine whether the action is paternalistic. This gives us some reason not to pin the property of being paternalistic (...)
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  11. Expanding the Nudge: Designing Choice Contexts and Choice Contents.Kalle Grill - 2014 - Rationality, Markets and Morals 5:139-162.
    To nudge is to design choice contexts in order to improve choice outcomes. Richard Thaler and Cass Sunstein emphatically endorse nudging but reject more restrictive means. In contrast, I argue that the behavioral psychology that motivates nudging also motivates what may be called jolting — i.e. the design of choice content. I defend nudging and jolting by distinguishing them from the sometimes oppressive means with which they can be implemented, by responding to some common arguments against nudging, and by showing (...)
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  12. An Indexical Theory of Conditionals.Ken Warmbrōd - 1981 - Dialogue 20 (4):644-664.
    Language theorists have recently come to have an increasing appreciation for the fact that context contributes heavily in determining our interpretation of what is said. Indeed, it now seems clear that no complete understanding of a natural language is possible without some account of the way in which context affects our interpretation of discourse. In this paper, I will attempt to explore one facet of the language – context relationship, namely, the relation between conditionals and context. The first part of (...)
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  13. Responsibility, Paternalism and Alcohol Interlocks.Kalle Grill & Jessica Fahlquist - 2012 - Public Health Ethics 5 (2):116-127.
    Drink driving causes great suffering and material destruction. The alcohol interlock promises to eradicate this problem by technological design. Traditional counter-measures to drink driving such as policing and punishment and information campaigns have proven insufficient. Extensive policing is expensive and intrusive. Severe punishment is disproportionate to the risks created in most single cases. If the interlock becomes inexpensive and convenient enough, and if there are no convincing moral objections to the device, it may prove the only feasible as well as (...)
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  14. Paternalism towards children.Kalle Grill - 2018 - In Anca Gheaus, Gideon Calder & Jurgen de Wispelaere (eds.), The Routledge Handbook of the Philosophy of Childhood and Children. New York: Routledge. pp. 123-133.
    Debates on the nature and justifiability of paternalism typically focus only on adults, sometimes presuming without argument that paternalism towards children is a non-issue or obviously justified. Debates on the moral and political status of children, in turn, rarely connect with the rich literature on paternalism. This chapter attempts to bridge this gap by exploring how issues that arise in the general debate on paternalism are relevant also for the benevolent interference with children. I survey and discuss various views and (...)
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  15. Normative and Non-normative Concepts: Paternalism and Libertarian Paternalism.Kalle Grill - 2013 - In Daniel Strech, Irene Hirschberg & Georg Marckmann (eds.), Ethics in Public Health and Health Policy. Springer. pp. 27-46.
    This chapter concerns the normativity of the concepts of paternalism and libertarian paternalism. The first concept is central in evaluating public health policy, but its meaning is controversial. The second concept is equally controversial and has received much attention recently. It may or may not shape the future evaluation of public health policy. In order to facilitate honest and fruitful debate, I consider three approaches to these concepts, in terms of their normativity. Concepts, I claim, may be considered nonnormative, normatively (...)
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  16. Respect for What?Kalle Grill - 2015 - Social Theory and Practice 41 (4):692-715.
    As liberals, we would like each person to direct her own life in accordance with her will. However, because of the complexities of the human mind, it is very often not clear what a person wills. She may choose one thing though she prefers another, while having false beliefs the correction of which would cause her to prefer some third thing. I propose, against this background, that to respect a person’s will or self-direction is to respect both her choices and (...)
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  17. Epistemic Conditionals.Ken Warmbrōd - 1983 - Pacific Philosophical Quarterly 64 (3):249-265.
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  18. Anti-paternalism and Invalidation of Reasons.Kalle Grill - 2010 - Public Reason 2 (2):3-20.
    I first provide an analysis of Joel Feinberg’s anti-paternalism in terms of invalidation of reasons. Invalidation is the blocking of reasons from influencing the moral status of actions, in this case the blocking of personal good reasons from supporting liberty-limiting actions. Invalidation is shown to be distinct from moral side constraints and lexical ordering of values and reasons. I then go on to argue that anti-paternalism as invalidation is morally unreasonable on at least four grounds, none of which presuppose that (...)
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  19. Representation of strongly independent preorders by sets of scalar-valued functions.David McCarthy, Kalle Mikkola & Teruji Thomas - 2017 - MPRA Paper No. 79284.
    We provide conditions under which an incomplete strongly independent preorder on a convex set X can be represented by a set of mixture preserving real-valued functions. We allow X to be infi nite dimensional. The main continuity condition we focus on is mixture continuity. This is sufficient for such a representation provided X has countable dimension or satisfi es a condition that we call Polarization.
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  20. Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject to Criminal Punishment And to Preventive Detention.Ken Levy - 2011 - San Diego Law Review 48:1299-1395.
    I argue for two propositions. First, contrary to the common wisdom, we may justly punish individuals who are not morally responsible for their crimes. Psychopaths – individuals who lack the capacity to feel sympathy – help to prove this point. Scholars are increasingly arguing that psychopaths are not morally responsible for their behavior because they suffer from a neurological disorder that makes it impossible for them to understand, and therefore be motivated by, moral reasons. These same scholars then infer from (...)
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  21. Is Descartes a Temporal Atomist?Ken Levy - 2005 - British Journal for the History of Philosophy 13 (4):627 – 674.
    I argue that Descartes' Second Causal Proof of God in the Third Meditation evidences, and commits him to, the belief that time is "strongly discontinuous" -- that is, that there is actually a gap between each consecutive moment of time. Much of my article attempts to reconcile this interpretation, the "received view," with Descartes' statements about time, space, and matter in his other writings, including his correspondence with various philosophers.
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  22. On Three Arguments Against Metaphysical Libertarianism.Ken M. Levy - 2023 - Review of Metaphysics 76 (4):725-748.
    I argue that the three strongest arguments against metaphysical libertarianism—the randomness objection, the constitutive luck objection, and the physicalist objection—are actually unsuccessful and therefore that metaphysical libertarianism is more plausible than the common philosophical wisdom allows. My more positive thesis, what I will refer to as “Agent Exceptionalism,” is that, when making decisions and performing actions, human beings can indeed satisfy the four conditions of metaphysical libertarianism: the control condition, the rationality condition, the ultimacy condition, and the physicalism condition.
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  23. Does Situationism Excuse? The Implications of Situationism for Moral Responsibility and Criminal Responsibility.Ken Levy - 2015 - Arkansas Law Review 68:731-787.
    In this Article, I will argue that a person may be deserving of criminal punishment even in certain situations where she is not necessarily morally responsible for her criminal act. What these situations share in common are two things: the psychological factors that motivate the individual’s behavior are environmentally determined and her crime is serious, making her less eligible for sympathy and therefore less likely to be acquitted. -/- To get to this conclusion, I will proceed in four steps. In (...)
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  24. Continuity and completeness of strongly independent preorders.David McCarthy & Kalle Mikkola - 2018 - Mathematical Social Sciences 93:141-145.
    A strongly independent preorder on a possibly in finite dimensional convex set that satisfi es two of the following conditions must satisfy the third: (i) the Archimedean continuity condition; (ii) mixture continuity; and (iii) comparability under the preorder is an equivalence relation. In addition, if the preorder is nontrivial (has nonempty asymmetric part) and satisfi es two of the following conditions, it must satisfy the third: (i') a modest strengthening of the Archimedean condition; (ii') mixture continuity; and (iii') completeness. Applications (...)
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  25. Baumann on the Monty Hall Problem and Single-Case Probabilities.Ken Levy - 2007 - Synthese 158 (1):139-151.
    Peter Baumann uses the Monty Hall game to demonstrate that probabilities cannot be meaningfully applied to individual games. Baumann draws from this first conclusion a second: in a single game, it is not necessarily rational to switch from the door that I have initially chosen to the door that Monty Hall did not open. After challenging Baumann's particular arguments for these conclusions, I argue that there is a deeper problem with his position: it rests on the false assumption that what (...)
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  26. Abduction and Composition.Ken Aizawa & Drew B. Headley - 2022 - Philosophy of Science 89 (2):268-82.
    Some New Mechanists have proposed that claims of compositional relations are justified by combining the results of top-down and bottom-up interlevel interventions. But what do scientists do when they can perform, say, a cellular intervention, but not a subcellular detection? In such cases, paired interlevel interventions are unavailable. We propose that scientists use abduction and we illustrate its use through a case study of the ionic theory of resting and action potentials.
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  27. The multiple realization of human color vision revisited.Ken Aizawa - 2022 - Frontiers in Psychology 13.
    Over the last 25 years, there has been a concerted effort to settle questions about multiple realization by bringing detailed scientific evidence to bear. Ken Aizawa and Carl Gillett have pursued this scientific approach to multiple realization with a precise theory and applications. This paper reviews the application of the Dimensioned approach to human color vision, addressing objections that have appeared in the literature.
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  28. On Not Blaming and Victim Blaming.Joel Chow Ken Q. & Robert H. Wallace - 2020 - Teorema: International Journal of Philosophy 39 (3):95-128.
    In this paper we show that being blameworthy for not blaming and being blameworthy for victim blaming are structurally similar. Each involve the two traditional contours of moral responsibility: a knowledge condition and a control condition. But interestingly, in these cases knowledge and control are importantly interrelated. Being in a relationship with another person affords us varying degrees of knowledge about them. This knowledge in turn affords agents in relationships varying degrees of influence over one another. Cases where an agent (...)
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  29. The Solution to the Problem of Outcome Luck: Why Harm Is Just as Punishable as the Wrongful Action that Causes It.Ken Levy - 2005 - Law and Philosophy 24 (3):263-303.
    A surprisingly large number of scholars believe that (a) we are blameworthy, and therefore punishable, only for what we have control over; (b) we have control only over our actions and intentions, not the consequences of our actions; and therefore (c) if two agents perform the very same action (e.g., attempting to kill) with the very same intentions, then they are equally blameworthy and deserving of equal punishment – even if only one of them succeeds in killing. This paper argues (...)
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  30. Motivating the Search for Alternatives to Personal OmniGod Theism: The Case from Classical Theism.Ken Perszyk - 2018 - European Journal for Philosophy of Religion 10 (4):97-118.
    Analytic philosophers of religion typically take God to be ‘the personal omniGod’ – a person who is omnipotent, omniscient and omnibenevolent, and who creates and sustains all else that exists. Analytic philosophers also tend to assume that the personal omniGod is the God of ‘classical’ theism. Arguably, this is a mistake. To be consistent, a classical theist or her supporter must deny that God is literally a person. They need not, however, deny the aptness of using personal language, or of (...)
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  31.  34
    Representation of strongly independent preorders by vector-valued functions.David McCarthy, Kalle M. Mikkola & Teruji Thomas - 2017 - Mpra.
    We show that without assuming completeness or continuity, a strongly independent preorder on a possibly infinite dimensional convex set can always be given a vector-valued representation that naturally generalizes the standard expected utility representation. More precisely, it can be represented by a mixture-preserving function to a product of lexicographic function spaces.
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  32. Evaluating Consequences.Kalle Grill - 2009 - In Kattan (ed.), Encyclopedia of Medical Decision Making. Sage Publications.
    Decisions in medical contexts have immediate and obvious consequences in terms of health and sometimes death or survival. Medical decisions also have less obvious and less immediate consequences, including effects on the long-term physical and mental well-being of patients, their families and of care-givers, as well as on the distribution of scarce medical resources. Some of these consequences are hard to measure and estimate. Even harder, perhaps, is the determination of the relative value of different consequences. How should consequences be (...)
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  33. Individual liberty in public health – no trumping value.Kalle Grill - 2011 - In Sirpa Soini (ed.), Public Health – ethical issues.
    Public health policy often limits people’s liberty for their own good. The very point of many types of public health measures is to restrict people’s options in order to stop them from doing unhealthy things, for example use harmful recreational drugs or drive without a seatbelt. While such restrictive public health policies enjoy widespread support, so does the traditional liberal idea that liberty (or autonomy) is a higher value, to be given priority in most, if not all, circumstances. In this (...)
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  34. On the Rationalist Solution to Gregory Kavka's Toxin Puzzle.Ken Levy - 2009 - Pacific Philosophical Quarterly 90 (2):267-289.
    Gregory Kavka's 'Toxin Puzzle' suggests that I cannot intend to perform a counter-preferential action A even if I have a strong self-interested reason to form this intention. The 'Rationalist Solution,' however, suggests that I can form this intention. For even though it is counter-preferential, A-ing is actually rational given that the intention behind it is rational. Two arguments are offered for this proposition that the rationality of the intention to A transfers to A-ing itself: the 'Self-Promise Argument' and David Gauthier's (...)
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  35. Neutrality as a constraint on political reasoning.Kalle Grill - 2012 - Ethical Perspectives 19 (3):547-557.
    George Sher’s book Beyond Neutrality: Perfectionism and Politics has, he says, two main purposes. The first is to “defuse the main reasons to deny that the state may seek to promote the good”, the other is to “develop a conception of the good that is worth promoting” (1). In this article, I will not be concerned with either of these aims. Instead, I will focus on Sher’s preliminary discussion of the “scope and meaning” of neutralism (20). I consider Sher’s careful (...)
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  36. The Phenomenology of Sensorimotor Understanding.Ken Pepper - 2014 - In M. Bishop A. Martin (ed.), Contemporary Sensorimotor Theory. Springer. pp. 53-65.
    This paper draws on Maurice Merleau-Ponty’s philosophy to sketch a phenomenological interpretation of the enactivist notion of sensorimotor understanding. I begin by situating Noë’s enactive theory of vision in relation to Husserlian phenomenology. I then raise three related objections to Noë’s treatment of sensorimotor understanding in terms of practical knowledge of possibilities for action. Finally, I appeal to Phenomenology of Perception to show how two of its major operative concepts – the ‘body schema’ and ‘sedimentation’ – can help to plug (...)
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  37. Commentary on Szmukler: Mental Illness, Dangerousness, and Involuntary Civil Commitment.Ken Levy & Alex Cohen - 2016 - In Daniel D. Moseley Gary J. Gala (ed.), Philosophy and Psychiatry: Problems, Intersections, and New Perspectives. Routledge. pp. 147-160.
    Prof. Cohen and I answer six questions: (1) Why do we lock people up? (2) How can involuntary civil commitment be reconciled with people's constitutional right to liberty? (3) Why don't we treat homicide as a public health threat? (4) What is the difference between legal and medical approaches to mental illness? (5) Why is mental illness required for involuntary commitment? (6) Where are we in our efforts to understand the causes of mental illness?
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  38. Criminal Responsibility.Ken Levy - 2022 - In Joseph Keim Campbell, Kristin M. Mickelson & V. Alan White (eds.), A Companion to Free Will. Hoboken, NJ, USA: Wiley-Blackwell. pp. 406-413.
    I explicate the conditions required for criminal responsibility, provide an overview of criminal defenses, distinguish criminal responsibility from both tort liability and moral responsibility, and explicate the current state of the insanity defense.
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  39. There’s A Nice Knockdown Argument For You: Donald Davidson And Modest Intentionalism.Kalle Puolakka - 2006 - Postgraduate Journal of Aesthetics 3 (1):15-24.
    It might come as a surprise for someone who has only a superficial knowledge of Donald Davidson’s philosophy that he has claimed literary language to be ‘a prime test of the adequacy of any view on the nature of language’.1 The claim, however, captures well the transformation that has happened in Davidson’s thinking on language since he began in the 1960’s to develop a truth-conditional semantic theory for natural languages in the lines of Alfred Tarski’s semantic conception of truth. About (...)
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  40. Normative Ignorance: A Critical Connection Between the Insanity and Mistake of Law Defenses.Ken Levy - 2020 - Florida State University Law Review 47:411-443.
    This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison three (...)
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  41. Why Retributivism Needs Consequentialism: The Rightful Place of Revenge in the Criminal Justice System.Ken Levy - 2014 - Rutgers Law Review 66:629-684.
    Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he didn’t? (...)
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  42. Variable Classes.Ken Siegel - 1977 - Philosophy Research Archives 3:787-792.
    In his paper "Why a Class Can't Change Its Members," Richard Sharvy appears to establish the impossibility of the existence of a variable class—that is, a class that at one time has a member that is not a member of it at another time. I first indicate the importance of Sharvy's argument for our understanding of the concept of identity in the contexts of time and modality, and I summarize his argument. Sharvy says that a class C that has one (...)
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  43. Playing The Game After The End Of Art: Comments For Hans Maes.Kalle Puolakka - 2005 - Postgraduate Journal of Aesthetics 2 (1):12-19.
    In his philosophy of art history, Arthur C. Danto claims that in the 1960 ́s the master narrative of art had come to an end, and that we had reached the end of art. This conception has been widely considered, but also misunderstood. Hans Maes has recently discussed Danto's conception of the end of art in his article, where he clears some misconceptions about the thesis, but at the same time challenges Danto's analysis of contemporary art.
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  44. Criminal Responsibility.Ken M. Levy - 2019 - In Robert D. Morgan (ed.), SAGE Encyclopedia of Criminal Psychology. Sage Publishing. pp. 269-272.
    This invited entry offers a brief overview of criminal responsibility. -/- The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification. -/- The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both concepts were considered to (...)
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  45. The Solution to the Real Blackmail Paradox: The Common Link Between Blackmail and Other Criminal Threats.Ken Levy - 2007 - Connecticut Law Review 39:1051-1096.
    Disclosure of true but reputation-damaging information is generally legal. But threats to disclose true but reputation-damaging information unless payment is made are generally criminal. Many scholars think that this situation is paradoxical because it seems to involve illegality mysteriously arising out of legality, a criminal act mysteriously arising out of an independently legal threat to disclose conjoined with an independently legal demand for money. -/- But this formulation is not quite right. The real paradox raised by the different legal statuses (...)
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  46. Why the Late Justice Scalia Was Wrong: The Fallacies of Constitutional Textualism.Ken Levy - 2017 - Lewis and Clark Law Review 21 (1):45-96.
    My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...)
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  47. Killing, Letting Die, and the Case for Mildly Punishing Bad Samaritanism.Ken Levy - 2010 - Georgia Law Review 44:607-695.
    For over a century now, American scholars (among others) have been debating the merits of “bad Samaritan” laws — laws punishing people for failing to attempt easy and safe rescues. Unfortunately, the opponents of bad Samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states have passed bad Samaritan laws, and these laws impose only the most minimal punishment — either sub-$500 fines or short-term imprisonment. -/- This Article argues that every state should criminalize (...)
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  48. Why It Is Sometimes Fair to Blame Agents for Unavoidable Actions and Omissions.Ken Levy - 2005 - American Philosophical Quarterly 42 (2):93 - 104.
    It is generally thought that ought implies can. If this maxim is correct, then my inability to do otherwise entails that I cannot be blamed for failing to do otherwise. In this article, however, I use Harry Frankfurt’s famous argument against the "Principle of Alternative Possibilities" (PAP) to show that the maxim is actually false, that I can be blamed for failing to do otherwise even in situations where I could not have done otherwise. In these situations, I do not (...)
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  49. Blocking Blockage.Ken Levy - 2016 - Philosophia 44 (2):565-583.
    The Blockage Argument is designed to improve upon Harry Frankfurt’s famous argument against the Principle of Alternative Possibilities by removing the counterfactual intervener altogether. If the argument worked, then it would prove in a way that Frankfurt’s argument does not that moral responsibility does not require any alternative possibilities whatsoever, not even the weakest “flicker of freedom”. -/- Some philosophers have rejected the Blockage Argument solely on the basis of their intuition that the inability to do otherwise is incompatible with (...)
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  50. Hume, the New Hume, and Causal Connections.Ken Levy - 2000 - Hume Studies 26 (1):41-75.
    In this article, I weigh in on the debate between "Humeans" and "New Humeans" concerning David Hume's stance on the existence of causal connections in "the objects." According to New Humeans, Hume believes in causal connections; according to Humeans, he does not. -/- My argument against New Humeans is that it is too difficult to reconcile Hume's repeated claims that causal connections are inconceivable with any belief that they these inconceivable somethings still exist. Specifically, Hume either assumes or does not (...)
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