Results for 'Kendall L. Walton'

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Kendall Walton
University of Michigan, Ann Arbor
  1. Metaphor, Fictionalism, Make-Believe: Response to Elisabeth Camp.Kendall L. Walton - manuscript
    Prop oriented make-believe is make-believe utilized for the purpose of understanding what I call “props,” actual objects or states of affairs that make propositions “fictional,” true in the make-believe world. I, David Hills, and others have claimed that prop oriented make-believe lies at the heart of the functioning of many metaphors, and one variety of fictionalism in metaphysics invokes prop oriented make-believe to explain away apparent references to entities some find questionable or problematic (fictional characters, propositions, moral properties, numbers). Elisabeth (...)
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  2.  93
    Reading (with) Others.Wolfgang Huemer - 2021 - In Sonia Sedivy (ed.), Art, Representation, and Make-Believe Essays on the Philosophy of Kendall L. Walton. Routledge.
    Kendall Walton’s account of make-believe takes the social dimension of imagination into account. In this paper I aim to extend this suggestion and argue that works of fiction allow for encounters with concrete (yet fictitious) persons with a distinct point of view and a discernible perspective. These encounters allow us to contrast the perspective(s) that emerge from the work with one’s own. I will then discuss two moments of the social dimension: imagining fictional scenarios is a social practice, (...)
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  3. Seeing Double: Assessing Kendall Walton’s Views on Painting and Photography.Campbell Rider - 2019 - Undergraduate Philosophy Journal of Australasia 1 (1):37-47.
    In this paper I consider Kendall Walton’s provocative views on the visual arts, including his approaches to understanding both figurative and nonfigurative painting. I introduce his central notion of fictionality, illustrating its advantages in explaining the phenomenon of ‘perceptual twofoldness’. I argue that Walton’s position treats abstract artwork reductively, and I outline two essential components of our aesthetic encounters with the nonfigurative that Walton excludes. I then offer some criticisms of his commitment to photographic realism, emphasising (...)
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  4. Morals in Fiction and Fictional Morality (I).Kendall Lewis Walton - 2015 [1994] - Proceedings of the Aristotelian Society 68:27-50.
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  5. Empathy, Imagination, and Phenomenal Concepts.Kendall Walton - 2015 - In In Other Shoes: Music, Metaphor, Empathy, Existence. Oxford: Oxford University Press. pp. 1-16.
    I propose a way of understanding empathy on which it does not necessarily involve any-thing like thinking oneself into another’s shoes, or any imagining at all. Briefly, the empa-thizer uses an aspect of her own mental state as a sample, expressed by means of a phenomenal concept, to understand the other person. This account does a better job of explaining the connection between empathetic experiences and the objects of empathy than most traditional ones do. And it helps to clarify the (...)
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  6.  37
    Fictionality in Imagined Worlds.Stacie Friend - 2021 - In Sonia Sedivy (ed.), Art, Representation and Make-Believe: Essays on the Philosophy of Kendall L. Walton. New York, NY, USA: pp. 25-40.
    What does it mean for a proposition to be "true in a fiction"? According to the account offered by Kendall Walton in Mimesis as Make-Believe (1990), what is fictionally true, or simply fictional, is what a work of fiction invites or prescribes that we imagine. To say that it is fictional that Okonkwo kills Ikemefuna in Chinua Achebe's Things Fall Apart, for example, is to say that we are supposed to imagine that event. Yet Walton gives no (...)
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  7. Taking twofoldness seriously: Walton on imagination and depiction.Bence Nanay - 2004 - Journal of Aesthetics and Art Criticism 62 (3):285–289.
    This paper analyzes Kendall Walton's theory of depiction and, more specifically, his notion of twofoldness. I argue that (1) Walton’s notion of twofoldness is, in spite of what Walton claims, very different from Richard Wollheim’s and (2) Walton’s notion of twofoldness is inconsistent with the rest of his theory of depiction.
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  8.  41
    Mundos imaginarios y cuasi-emociones: la solución a la paradoja de la ficción en Walton y Currie.Federico Burdman - 2014 - Cuadernos de Filosofía 61:63-77.
    Las soluciones a la paradoja de la ficción propuestas por Kendall Walton y Gregory Currie, a pesar de diferir en puntos de detalle importantes, suponen dos movimientos conceptuales comunes para entender la situación de quien está inmerso en una obra de ficción, a través del recurso a la noción de “cuasi-emociones” y de la idea de construcción de escenarios imaginarios. Aquí propondré que sus propuestas fallan en sus dos puntos centrales, a partir de problemas que son, sin embargo, (...)
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  9. The Story of the Ghost in the Machine.Adam Toon - forthcoming - In Sonia Sedivy (ed.), Art, Representation and Make-Believe: Essays on the Philosophy of Kendall L. Walton. New York, NY, USA:
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  10.  81
    The Return Of Photographs As Genuine Prostheses: In Response To Cohen And Meskin’s Principled Disqualification Of Photographs.Ines Nicole Echevarria De Asis - 2008 - Postgraduate Journal of Aesthetics 5 (1):7-15.
    Kendall Walton argues that photographs, like mirrors and microscopes, meet sufficient conditions to be considered a kind of prosthesis for seeing. Well aware of the controversiality of this claim, he offers three criteria for perception met by photographs like other perceptual aids which makes them transparent –that is, we see through them.1(II) Jonathan Cohen and Aaron Meskin attempt to refute the transparency thesis by arguing that photographs cannot be genuine prostheses for seeing because they fail to meet another (...)
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  11. Toward an Aesthetics of New-Media Environments.Eran Guter - 2016 - Proceedings of the European Society for Aesthetics.
    In this paper I suggest that, over and above the need to explore and understand the technological newness of computer art works, there is a need to address the aesthetic significance of the changes and effects that such technological newness brings about, considering the whole environmental transaction pertaining to new media, including what they can or do offer and what users do or can do with such offerings, and how this whole package is integrated into our living spaces and activities. (...)
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  12. Fictionality and Imagination, Revisited.Lee Walters - 2017 - Journal of Aesthetics and Art Criticism 75 (1):15-21.
    I present and discuss a counterexample to Kendall Walton's necessary condition for fictionality that arises from considering serial fictions. I argue that although Walton has not in fact provided a necessary condition for fictionality, a more complex version of Walton's condition is immune from the counterexample.
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  13.  30
    How I Really Feel About JFK.Stacie Friend - 2003 - In Matthew Kieran & Dominic McIver Lopes (eds.), Imagination, Philosophy and the Arts. Dordrecht, Netherlands: pp. 35-53.
    The most well-known and controversial solution to the paradox of fiction is Kendall Walton’s, according to whom pity of (say) Anna Karenina is not genuine pity. Walton’s opponents argue that we can resolve the paradox of fiction while preserving the intuition that our response to Anna is ordinary, run-of-the-mill pity; and they claim that retaining this intuition explains more than Walton’s approach. In my view, the arguments of Walton’s opponents depend on idiosyncratic features of examples (...)
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  14. Impurely Musical Make-Believe.Eran Guter & Inbal Guter - 2015 - In Alexander Bareis & Lene Nordrum (eds.), How to Make-Believe: The Fictional Truths of the Representational Arts. De Gruyter. pp. 283-306.
    In this study we offer a new way of applying Kendall Walton’s theory of make-believe to musical experiences in terms of psychologically inhibited games of make-believe, which Walton attributes chiefly to ornamental representations. Reading Walton’s theory somewhat against the grain, and supplementing our discussion with a set of instructive examples, we argue that there is clear theoretical gain in explaining certain important aspects of composition and performance in terms of psychologically inhibited games of make-believe consisting of (...)
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  15. Ornamentality in the New Media.Eran Guter - 2010 - In Anat Biletzki (ed.), Hues of Philosophy: Essays in Memory of Ruth Manor. College Publications. pp. 83-96.
    Ornamentality is pervasive in the new media and it is related to their essential characteristics: dispersal, hypertextuality, interactivity, digitality and virtuality. I utilize Kendall Walton's theory of ornamentality in order to construe a puzzle pertaining to the new media. the ornamental erosion of information. I argue that insofar as we use the new media as conduits of real life, the excessive density of ornamental devices which is prevalent in certain new media environments, forces us to conduct our inquiries (...)
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  16. Sadomasochism as Make-Believe.Nils-Hennes Stear - 2009 - Hypatia 24 (2):21 - 38.
    In "Rethinking Sadomasochism," Patrick Hopkins challenges the "radical" feminist claim that sadomasochism is incompatible with feminism. He does so by appeal to the notion of "simulation." I argue that Hopkins's conclusions are generally right, but they cannot be inferred from his "simulation" argument. I replace Hopkins's "simulation" with Kendall Walton's more sophisticated theory of "make-believe." I use this theory to better argue that privately conducted sadomasochism is compatible with feminism.
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  17.  74
    Categories of LiteratureSymposium: “Categories of Art” at 50.Stacie Friend - 2020 - Journal of Aesthetics and Art Criticism 78 (1):70-74.
    Kendall Walton’s “Categories of Art” (1970) is one of the most important and influential papers in twentieth-century aesthetics. It is almost universally taken to refute traditional aesthetic formalism/empiricism, according to which all that matters aesthetically is what is manifest to perception. Most commentators assume that the argument of “Categories” applies to works of literature. Walton himself notes a word of caution: “The aesthetic properties of works of literature are not happily called ‘perceptual’ … (The notion of perceiving (...)
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  18. Fictional Truth: In Defence of the Reality Principle.Nils Franzén - forthcoming - In Emar Maier & Andreas Stokke (eds.), The Language of Fiction. Oxford University Press.
    A well-known theory about under which circumstances a statement is true in a fiction is The Reality Principle, which originate in the work of David Lewis: (RP) Where p1... pn are the primary fictional truths of a fiction F , it is true in F that q iff the following holds: were p1 ... pn the case, q would have been the case (Walton 1990: 44). RP has been subjected to a number of counterexamples, up to a point where, (...)
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  19. Do religious “beliefs” respond to evidence?Neil Van Leeuwen - 2017 - Philosophical Explorations 20 (sup1):52-72.
    Some examples suggest that religious credences respond to evidence. Other examples suggest they are wildly unresponsive. So the examples taken together suggest there is a puzzle about whether descriptive religious attitudes respond to evidence or not. I argue for a solution to this puzzle according to which religious credences are characteristically not responsive to evidence; that is, they do not tend to be extinguished by contrary evidence. And when they appear to be responsive, it is because the agents with those (...)
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  20. A Puzzle about Imagining Believing.Alon Chasid - 2021 - Review of Philosophy and Psychology 13 (3):529-547.
    Suppose you’re imagining that it’s raining hard. You then proceed to imagine, as part of the same imaginative project, that you believe that it isn’t raining. Such an imaginative project is possible if the two imaginings arise in succession. But what about simultaneously imagining that it’s raining and that you believe that it isn’t raining? I will argue that, under certain conditions, such an imagining is impossible. After discussing these conditions, I will suggest an explanation of this impossibility. Elaborating on (...)
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  21. Models as make-believe.Adam Toon - 2010 - In Roman Frigg & Matthew Hunter (eds.), Beyond Mimesis and Convention: Representation in Art and Science. Boston Studies in Philosophy of Science.
    In this paper I propose an account of representation for scientific models based on Kendall Walton’s ‘make-believe’ theory of representation in art. I first set out the problem of scientific representation and respond to a recent argument due to Craig Callender and Jonathan Cohen, which aims to show that the problem may be easily dismissed. I then introduce my account of models as props in games of make-believe and show how it offers a solution to the problem. Finally, (...)
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  22. The ontology of theoretical modelling: models as make-believe.Adam Toon - 2010 - Synthese 172 (2):301-315.
    The descriptions and theoretical laws scientists write down when they model a system are often false of any real system. And yet we commonly talk as if there were objects that satisfy the scientists’ assumptions and as if we may learn about their properties. Many attempt to make sense of this by taking the scientists’ descriptions and theoretical laws to define abstract or fictional entities. In this paper, I propose an alternative account of theoretical modelling that draws upon Kendall (...)
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  23. Fictionalism and the folk.Adam Toon - 2016 - The Monist 99 (3):280-295.
    Mental fictionalism is the view that, even if mental states do not exist, it is useful to talk as if they do. Mental states are useful fictions. Recent philosophy of mind has seen a growing interest in mental fictionalism. To date, much of the discussion has concerned the general features of the approach. In this paper, I develop a specific form of mental fictionalism by drawing on Kendall Walton’s work on make-believe. According to the approach I propose, talk (...)
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  24. Playing with molecules.Adam Toon - 2011 - Studies in History and Philosophy of Science Part A 42 (4):580-589.
    Recent philosophy of science has seen a number of attempts to understand scientific models by looking to theories of fiction. In previous work, I have offered an account of models that draws on Kendall Walton’s ‘make-believe’ theory of art. According to this account, models function as ‘props’ in games of make-believe, like children’s dolls or toy trucks. In this paper, I assess the make-believe view through an empirical study of molecular models. I suggest that the view gains support (...)
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  25.  96
    On Pictorially mediated mind-object relations.Jessica Pepp - 2023 - Inquiry: An Interdisciplinary Journal of Philosophy 66 (2):246-274.
    When I see a tree through my window, that particular worldly tree is said to be ‘in’, ‘on’, or ‘before’ my mind. My ordinary visual link to it is ‘intentional’. How similar to this link are the links between me and particular worldly trees when I see them in photographs, or in paintings? Are they, in some important sense, links of the same kind? Or are they links of importantly different kinds? Or, as a third possibility, are they at once (...)
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  26. Ephemeral Vision.Mohan Matthen - 2018 - In Thomas Crowther & Clare Mac Cumhaill (eds.), Perceptual Ephemera. Oxford: Oxford University Press. pp. 312-339.
    Vision is organized around material objects; they are most of what we see. But we also see beams of light, depictions, shadows, reflections, etc. These things look like material objects in many ways, but it is still visually obvious that they are not material objects. This chapter articulates some principles that allow us to understand how we see these ‘ephemera’. H.P. Grice’s definition of seeing is standard in many discussions; here I clarify and augment it with a criterion drawn from (...)
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  27. Thoughts on the 'paradox' of fiction.Kathleen Stock - 2006 - Postgraduate Journal of Aesthetics 3 (2):59-65.
    This paper concerns the familiar topic of whether we can have genuinely emotional responses such as pity and fear to characters and situations we believe to be fictional1. As is well known, Kendall Walton responds in the negative (Walton (1978); (1990): 195-204 and Chapter 7; (1997)). That is, he is an ‘irrealist’ about emotional responses to fiction (the term is Gaut’s (2003): 15), arguing that such responses should be construed as quasiemotions (Walton (1990): 245), of which (...)
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  28. Defiction?Alberto Voltolini - 2013 - In C. Barbero, M. Ferraris & A. Voltolini (eds.), From Fictionalism to Realism. Cambridge Scholars Press.
    On various occasions, Kendall Walton has put forward a theory of depiction based on the notion of make-believe: P depicts something only if in virtue of having a perception of P, one makes believe that that very experience is the perception of P’s subject. As a consequence, if an individual is not able to make believe, whatever they face in their perception does not count as a depiction for her. Yet there are many evidences from developmental psychology that (...)
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  29. Mathematics as Make-Believe: A Constructive Empiricist Account.Sarah Elizabeth Hoffman - 1999 - Dissertation, University of Alberta (Canada)
    Any philosophy of science ought to have something to say about the nature of mathematics, especially an account like constructive empiricism in which mathematical concepts like model and isomorphism play a central role. This thesis is a contribution to the larger project of formulating a constructive empiricist account of mathematics. The philosophy of mathematics developed is fictionalist, with an anti-realist metaphysics. In the thesis, van Fraassen's constructive empiricism is defended and various accounts of mathematics are considered and rejected. Constructive empiricism (...)
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  30. Experiencing photographs qua photographs: what's so special about them?Jiri Benovsky - 2013 - Contemporary Aesthetics.
    Merely rhetorically, and answering in the negative, Kendall Walton has asked: "Isn't photography just another method people have of making pictures, one that merely uses different tools and materials – cameras, photosensitive paper, darkroom equipment, rather than canvas, paint, and brushes? And don't the results differ only contingently and in degree, not fundamentally, from pictures of other kinds?" Contra Walton and others, I wish to defend in this article a resounding "Yes" as being the correct answer to (...)
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  31. Fiction-making as a Gricean illocutionary type.Manuel Garcia-Carpintero - 2007 - Journal of Aesthetics and Art Criticism 65 (2):203–216.
    There are propositions constituting the content of fictions—sometimes of the utmost importance to understand them—which are not explicitly presented, but must somehow be inferred. This essay deals with what these inferences tell us about the nature of fiction. I will criticize three well-known proposals in the literature: those by David Lewis, Gregory Currie, and Kendall Walton. I advocate a proposal of my own, which I will claim improves on theirs. Most important for my purposes, I will argue on (...)
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  32. Interactivity, Fictionality, and Incompleteness.Nathan Wildman & Richard Woodward - forthcoming - In Grant Tavinor & Jon Robson (eds.), The Aesthetics of Videogames. Routledge.
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  33. Imaginative immersion, regulation, and doxastic mediation.Alon Chasid - 2021 - Synthese 199 (3-4): 1-43.
    This paper puts forward an account of imaginative immersion. Elaborating on Kendall Walton’s thesis that imagining aims at the fictional truth, it first argues that imaginings are inherently rule- or norm-governed: they are ‘regulated’ by that which is presented as fictionally true. It then shows that an imaginer can follow the rule or norm mandating her to imagine the propositions presented as fictional truths either by acquiring explicit beliefs about how the rule (norm) is to be followed, or (...)
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  34. In Other Shoes: Music, Metaphor, Empathy, Existence. [REVIEW]Nils-Hennes Stear - 2017 - British Journal of Aesthetics 57 (4):443-447.
    © British Society of Aesthetics 2017. Published by Oxford University Press on behalf of the British Society of Aesthetics. All rights reserved. For Permissions, please email: [email protected] Other Shoes is a companion to Kendall Walton’s other essay collection, Marvellous Images, published seven years earlier. But careful study reveals considerable coherence; Walton reprises the same motifs throughout, though with different combinations and inflections, the book’s reverse chronology revealing how some of these ideas developed. Moreover, every paper exhibits the (...)
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  35. Wat is een afbeelding?Hans Maes - 2011 - Esthetica: Tijdschrift Voor Kunst En Filosofie 3.
    This paper addresses what is arguably ?? one of the most fundamental questions in the debate on depiction, What is a Picture? It offers a critical discussion of traditional theories of pictorial representation, such as the Resemblance Theory, Conventionalism, and the Illusion Theory; it introduces and analyses the crucial notions of ‘seeing as’ and ‘seeing in’, and concludes by presenting some of the most recent accounts of depiction defended by Kendall Walton, Dominic Lopes, Robert Hopkins, and John Hyman.
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  36.  67
    You Talking to Me?Hans Maes - 2019 - Debates in Aesthetics 14 (1).
    In May 2017, my book ‘Conversations on Art and Aesthetics’ appeared. It contains conversations with, and photographic portraits of, ten prominent philosophers of art. They are Noël Carroll, Gregory Currie, Arthur Danto, Cynthia Freeland, Paul Guyer, Carolyn Korsmeyer, Jerrold Levinson, Jenefer Robinson, Roger Scruton, and Kendall Walton. The book has two main aims. One is to provide a broad and accessible overview of what aesthetics as a subfield of philosophy has to offer. The other is to stimulate new (...)
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  37. Against Theological Fictionalism.Roger Pouivet - 2011 - European Journal for Philosophy of Religion 3 (2):427 - 437.
    According to theological fictionalism, God has the same status as a fictional character in a novel or a movie. Such a claim has been defended by Robin Le Poidevin on the basis of Kendall Walton’s theory of make believe. But it is not only a philosophical esoteric account of religious beliefs, it is now an exoteric view, sometimes accepted by "believers" themselves, and so could even be considered a postmodern heresy. But theological fictionalism does not work: faith is (...)
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  38. “Categories of Art” at 50: An IntroductionSymposium: “Categories of Art” at 50.Dan Cavedon-Taylor - 2020 - Journal of Aesthetics and Art Criticism 78 (1):65-66.
    Introduction to a symposium in The Journal of Aesthetics and Art Criticism on the 50th anniversary of Kendall Walton's "Categories of Art." Featuring papers by Madeleine Ransom, Stacie Friend, David Davies and Kendall Walton.
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  39. Belief-Like Imagining and Correctness.Alon Chasid - 2021 - American Philosophical Quarterly 58 (2):147-160.
    This paper explores the sense in which correctness applies to belief-like imaginings. It begins by establishing that when we imagine, we ‘direct’ our imaginings at a certain imaginary world, taking the propositions we imagine to be assessed for truth in that world. It then examines the relation between belief-like imagining and positing truths in an imaginary world. Rejecting the claim that correctness, in the literal sense, is applicable to imaginings, it shows that the imaginer takes on, vis-à-vis the imaginary world, (...)
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  40. Imagining in response to fiction: unpacking the infrastructure.Alon Chasid - 2019 - Philosophical Explorations 23 (1):31-48.
    Works of fiction are alleged to differ from works of nonfiction in instructing their audience to imagine their content. Indeed, works of fiction have been defined in terms of this feature: they are works that mandate us to imagine their content. This paper examines this definition of works of fiction, focusing on the nature of the activity that ensues in response to reading or watching fiction. Investigating how imaginings function in other contexts, I show, first, that they presuppose a cognitive (...)
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  41. The Substitution Theory of Art.Barry Smith - 1985 - Grazer Philosophische Studien 25 (1):533-557.
    In perceptual experience we are directed towards objects in a way which establishes a real relation between a mental act and its target. In reading works of fiction we enjoy experiences which manifest certain internal similarities to such relational acts, but which lack objects. The substitution theory of art attempts to provide a reason why we seek out such experiences and the artifacts which they generate. Briefly, we seek out works of art because we enjoy the physiology and the phenomenology (...)
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  42.  54
    An Institutional Theory of Art Categories.Kiyohiro Sen - 2022 - Debates in Aesthetics 18 (1):31-43.
    It is widely acknowledged that categories play significant roles in the appreciation of artworks. This paper argues that the correct categories of artworks are institutionally established through social processes. Section 1 examines the candidates for determining correct categories and proposes that this question should shift the focus from category membership to appreciative behaviour associated with categories. Section 2 draws on Francesco Guala’s theory of institutions to show that categories of artworks are established as rules-in-equilibrium. Section 3 reviews the explanatory benefits (...)
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  43. Lyric Self-Expression.Hannah H. Kim & John Gibson - 2021 - In Sonia Sedivy (ed.), Art, Representation and Make-Believe: The Philosophy of Kendall Walton.
    Philosophers ask just whose expression, if anyone’s, we hear in lyric poetry. Walton provides a novel possibility: it’s the reader who “uses” the poem (just as a speech giver uses a speech) who makes the language expressive. But worries arise once we consider poems in particular social or political settings, those which require a strong self-other distinction, or those with expressions that should not be disassociated from the subjects whose experience they draw from. One way to meet this challenge (...)
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  44.  81
    Statutory Interpretation: Pragmatics and Argumentation.Douglas Walton, Fabrizio Macagno & Giovanni Sartor - 2021 - Cambridge: Cambridge University Press.
    Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons (...)
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  45. Interpreting Straw Man Argumentation.Fabrizio Macagno & Douglas Walton - 2017 - Amsterdam: Springer.
    This book shows how research in linguistic pragmatics, philosophy of language, and rhetoric can be connected through argumentation to analyze a recognizably common strategy used in political and everyday conversation, namely the distortion of another’s words in an argumentative exchange. Straw man argumentation refers to the modification of a position by misquoting, misreporting or wrenching the original speaker’s statements from their context in order to attack them more easily or more effectively. Through 63 examples taken from different contexts (including political (...)
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  46. Improvisation and the self-organization of multiple musical bodies.Ashley E. Walton, Michael J. Richardson, Peter Langland-Hassan & Anthony Chemero - 2015 - Frontiers in Psychology 6:1-9.
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  47.  86
    Chose et subjectivité dans l'Ethique de Spinoza.L. Levy - 1998 - Revue des Sciences Philosophiques Et Théologiques 82 (1):49-64.
    Le but de ce texte est de mettre en évidence les équi­valences entre la façon dont le concept de conatus résout, dans l'Éthique, le problème de l'unité modale complexe. en rendant consis­tant le concept de chose singulière en tant que celle-ci doit être consi­dérée comme un légitime sujet d'attribution d'états, et la façon dont ce même concept dessine le rapport cognitif de l'esprit avec lui-même, rapport par lequel l'esprit se saisit comme sujet de ses états et qui ca­ractérise la notion (...)
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  48. Statutory Interpretation as Argumentation.Douglas Walton, Giovanni Sartor & Fabrizio Macagno - 2011 - In Colin Aitken, Amalia Amaya, Kevin D. Ashley, Carla Bagnoli, Giorgio Bongiovanni, Bartosz Brożek, Cristiano Castelfranchi, Samuele Chilovi, Marcello Di Bello, Jaap Hage, Kenneth Einar Himma, Lewis A. Kornhauser, Emiliano Lorini, Fabrizio Macagno, Andrei Marmor, J. J. Moreso, Veronica Rodriguez-Blanco, Antonino Rotolo, Giovanni Sartor, Burkhard Schafer, Chiara Valentini, Bart Verheij, Douglas Walton & Wojciech Załuski (eds.), Handbook of Legal Reasoning and Argumentation. Cambridge University Press. pp. 519-560.
    This chapter proposes a dialectical approach to legal interpretation, consisting of three dimensions: a formalization of the canons of interpretation in terms of argumentation schemes; a dialectical classification of interpretive schemes; and a logical and computational model for comparing the arguments pro and contra an interpretation. The traditional interpretive maxims or canons used in both common and civil law are translated into defeasible patterns of arguments, which can be evaluated through sets of corresponding critical questions. These interpretive argumentation schemes are (...)
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  49. Wrenching from Context: The Manipulation of Commitments.Douglas Walton & Fabrizio Macagno - 2010 - Argumentation 24 (3):283-317.
    This article analyses the fallacy of wrenching from context, using the dialectical notions of commitment and implicature as tools. The data, a set of key examples, is used to sharpen the conceptual borderlines around the related fallacies of straw man, accent, misquotation, and neglect of qualifications. According to the analysis, the main characteristics of wrenching from context are the manipulation of the meaning of the other’s statement through devices such as the use of misquotations, selective quotations, and quoting out of (...)
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  50. Reasoning from Classifications and Definitions.Douglas Walton & Fabrizio Macagno - 2009 - Argumentation 23 (1):81-107.
    In this paper we analyze the uses and misuses of argumentation schemes from verbal classification, and show how argument from definition supports argumentation based on argument from verbal classification. The inquiry has inevitably included the broader study of the concept of definition. The paper presents the schemes for argument from classification and for argument from definition, and shows how the latter type of argument so typically supports the former. The problem of analyzing arguments based on classification is framed in a (...)
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