Results for 'Kenneth George Denbigh'

961 found
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  1. Conference Proceeding: A New Service-Quality Model to enhance Customer Retention In the Hong Kong Fast-Food Restaurant Industry.Kenneth Lui-Ming Ngie, Philip J. Rosenberger lll & Allen George - 2014 - In Proceeding Of: The 47th Academy of Marketing Conference, At Bournemouth, England.
    Poster Presentation accepted for the July 2014 conference in Bournemouth, England. -/- Abstract: Current service-quality models in the Hong Kong fast-food restaurant (HK FFR) industry are primarily designed on the basis of fast service and standardised fast-food service process that are expected to enhance customer retention. This study explores the feasibility of a new service-quality (SQ) model that could offer enhanced customer satisfaction and retention in the competitive Hong Kong FFR context. A qualitative, phenomenological-interview approach incorporating the critical incident technique (...)
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  2. The semantics of sense perception in Berkeley.Kenneth L. Pearce - 2008 - Religious Studies 44 (3):249-268.
    George Berkeley's linguistic account of sense perception is one of the most central tenets of his philosophy. It is intended as a solution to a wide range of critical issues in both metaphysics and theology. However, it is not clear from Berkeley's writings just how this ‘universal language of the Author of Nature’ is to be interpreted. This paper discusses the nature of the theory of sense perception as language, together with its metaphysical and theological motivations, then proceeds to (...)
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  3. Berkeley’s Lockean Religious Epistemology.Kenneth L. Pearce - 2014 - Journal of the History of Ideas 75 (3):417-438.
    Berkeley's main aim in his well-known early works was to identify and refute "the grounds of Scepticism, Atheism, and irreligion." This appears to place Berkeley within a well-established tradition of religious critics of Locke's epistemology, including, most famously, Stillingfleet. I argue that these appearances are deceiving. Berkeley is, in fact, in important respects an opponent of this tradition. According to Berkeley, Locke's earlier critics, including Stillingfleet, had misidentified the grounds of irreligion in Locke's philosophy while all the while endorsing the (...)
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  4. Introduction.George E. Panichas - 1991 - Journal of Business Ethics 10 (8):559 - 560.
    This Introduction to the Journal of Business Ethics 10: 559-560, 1991 provides a brief description of the proceedings of the Louise MacCraken Olmsted Symposium in Ethics that occurred on March 22 and 23, 1990 at Lafayette College, Easton, PA. This symposium gathered five scholars (Bruce Jennings, Kenneth Kipnis, Judith Swazey, Pat Woolf, and Patricia Werhane) each of whom presented a paper (with commentaries) concerning the moral evaluation of the conduct of persons acting in their capacities as working professionals. These (...)
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  5. Kostas Axelos, 'Introduction to a Future Way of Thought: On Marx and Heidegger'. [REVIEW]George S. Tomlinson - 2016 - Marx and Philosophy Review of Books.
    Review of Kostas Axelos, 'Introduction to a Future Way of Thought: On Marx and Heidegger' Translated by Kenneth Mills, Edited and Introduced by Stuart Elden Meson Press, Luneburg, 2015. 180 pp., £10.60 / $16.70 pb. 9783957960054.
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  6. Descartes and Berkeley on mind: The fourth distinction.Walter Ott - 2006 - British Journal for the History of Philosophy 14 (3):437 – 450.
    The popular Cartesian reading of George Berkeley's philosophy of mind mischaracterizes his views on the relations between substance and essence and between an idea and the act of thought in which it figures. I argue that Berkeley rejects Descartes's tripartite taxonomy of distinctions and makes use of a fourth kind of distinction. In addition to illuminating Berkeley's ontology of mind, this fourth distinction allows us to dissolve an important dilemma raised by Kenneth Winkler.
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    (1 other version)Metafore, modelli, linguaggio scientifico: il dibattito postempirista.Sergio Volodia Marcello Cremaschi - 1988 - In Virgilio Melchiorre (ed.), Simbolo e conoscenza. Milano: Vita e Pensiero. pp. 31-102.
    I start with a reconstruction of the discussion on the nature of scientific models and on their relationship to metaphors that has taken place in the Anglo-Saxon philosophy of Science starting from the Fifties; the discovery started with Stephen Pepper and Kenneth Burke, reaching Thomas Kuhn, Marx Wartofsky, and George Lakoff via Max Black's and Mary Hesse's interaction view. I argue that Hesse's view has a number of weak points: uncritically accepting Black's idea of "interaction", for keeping too (...)
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  8. Group Action Without Group Minds.Kenneth Silver - 2022 - Philosophy and Phenomenological Research 104 (2):321-342.
    Groups behave in a variety of ways. To show that this behavior amounts to action, it would be best to fit it into a general account of action. However, nearly every account from the philosophy of action requires the agent to have mental states such as beliefs, desires, and intentions. Unfortunately, theorists are divided over whether groups can instantiate these states—typically depending on whether or not they are willing to accept functionalism about the mind. But we can avoid this debate. (...)
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  9. The Reliability of Epistemic Intuitions.Kenneth Boyd & Jennifer Nagel - 2014 - In Edouard Machery & Elizabeth O'Neill (eds.), Current Controversies in Experimental Philosophy. New York: Routledge. pp. 109-127.
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  10. The (multiple) realization of psychological and other properties in the sciences.Kenneth Aizawa & Carl Gillett - 2009 - Mind and Language 24 (2):181-208.
    Abstract: There has recently been controversy over the existence of 'multiple realization' in addition to some confusion between different conceptions of its nature. To resolve these problems, we focus on concrete examples from the sciences to provide precise accounts of the scientific concepts of 'realization' and 'multiple realization' that have played key roles in recent debates in the philosophy of science and philosophy of psychology. We illustrate the advantages of our view over a prominent rival account ( Shapiro, 2000 and (...)
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  11. Testifying understanding.Kenneth Boyd - 2017 - Episteme 14 (1):103-127.
    While it is widely acknowledged that knowledge can be acquired via testimony, it has been argued that understanding cannot. While there is no consensus about what the epistemic relationship of understanding consists in, I argue here that regardless of how understanding is conceived there are kinds of understanding that can be acquired through testimony: easy understanding and easy-s understanding. I address a number of aspects of understanding that might stand in the way of being able to acquire understanding through testimony, (...)
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  12. Agency and aesthetic identity.Kenneth Walden - 2023 - Philosophical Studies 180 (12):3253-3277.
    Schiller says that “it is only through beauty that man makes his way to freedom.” Here I attempt to defend a claim in the same spirit as Schiller’s but by different means. My thesis is that a person’s autonomous agency depends on their adopting an aesthetic identity. To act, we need to don contingent features of agency, things that structure our practical thought and explain what we do in very general terms but are neither universal nor necessary features of agency (...)
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  13. Group Epistemology and Structural Factors in Online Group Polarization.Kenneth Boyd - 2023 - Episteme 20 (1):57-72.
    There have been many discussions recently from philosophers, cognitive scientists, and psychologists about group polarization, with online and social media environments in particular receiving a lot of attention, both because of people's increasing reliance on such environments for receiving and exchanging information and because such environments often allow individuals to selectively interact with those who are like-minded. My goal here is to argue that the group epistemologist can facilitate understanding the kinds of factors that drive group polarization in a way (...)
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  14. Legislating Taste.Kenneth Walden - 2023 - Philosophical Quarterly 73 (4):1256-1280.
    My aesthetic judgements seem to make claims on you. While some popular accounts of aesthetic normativity say that the force of these claims is third-personal, I argue that it is actually second-personal. This point may sound like a bland technicality, but it points to a novel idea about what aesthetic judgements ultimately are and what they do. It suggests, in particular, that aesthetic judgements are motions in the collective legislation of the nature of aesthetic activity. This conception is recommended by (...)
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  15. Excusing Corporate Wrongdoing and the State of Nature.Kenneth Silver & Paul Garofalo - forthcoming - Academy of Management Review.
    Most business ethicists maintain that corporate actors are subject to a variety of moral obligations. However, there is a persistent and underappreciated concern that the competitive pressures of the market somehow provide corporate actors with a far-reaching excuse from meeting these obligations. Here, we assess this concern. Blending resources from the history of philosophy and strategic management, we demonstrate the assumptions required for and limits of this excuse. Applying the idea of ‘the state of nature’ from Thomas Hobbes, we suggest (...)
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  16. Epistemically Pernicious Groups and the Groupstrapping Problem.Kenneth Boyd - 2018 - Social Epistemology 33 (1):61-73.
    Recently, there has been growing concern that increased partisanship in news sources, as well as new ways in which people acquire information, has led to a proliferation of epistemic bubbles and echo chambers: in the former, one tends to acquire information from a limited range of sources, ones that generally support the kinds of beliefs that one already has, while the latter function in the same way, but possess the additional characteristic that certain beliefs are actively reinforced. Here I argue, (...)
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  17. Intentions in Artifactual Understandings of Law.Kenneth M. Ehrenberg - 2022 - In Luka Burazin, Kenneth Einar Himma, Corrado Roversi & Paweł Banaś (eds.), The Artifactual Nature of Law. Northampton, MA, USA: Edward Elgar Publishing. pp. 16-36.
    The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...)
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  18. Trusting scientific experts in an online world.Kenneth Boyd - 2022 - Synthese 200 (1):1-31.
    A perennial problem in social epistemology is the problem of expert testimony, specifically expert testimony regarding scientific issues: for example, while it is important for me to know information pertaining to anthropogenic climate change, vaccine safety, Covid-19, etc., I may lack the scientific background required to determine whether the information I come across is, in fact, true. Without being able to evaluate the science itself, then, I need to find trustworthy expert testifiers to listen to. A major project in social (...)
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  19. An Explanationist Defense of Proper Functionalism.Kenneth Boyce & Andrew Moon - 2023 - In Luis R. G. Oliveira (ed.), Externalism about Knowledge. Oxford: Oxford University Press.
    In this chapter, we defend an explanationist version of proper functionalism. After explaining proper functionalism’s initial appeal, we note two major objections to proper functionalism: creatures with no design plan who appear to have knowledge (Swampman) and creatures with malfunctions that increase reliability. We then note how proper functionalism needs to be clarified because there are cases of what we call warrant-compatible malfunction. We then formulate our own view: explanationist proper functionalism, which explains the warrant-compatible malfunction cases and helps to (...)
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  20. (1 other version)Levels, Individual Variation and Massive Multiple Realization in Neurobiology.Kenneth Aizawa & Carl Gillett - 2009 - In John Bickle (ed.), The Oxford handbook of philosophy and neuroscience. New York: Oxford University Press. pp. 539--582.
    Biologists seems to hold two fundamental beliefs: Organisms are organized into levels and the individuals at these levels differ in their properties. Together these suggest that there will be massive multiple realization, i.e. that many human psychological properties are multiply realized at many neurobiological levels. This paper provides some documentation in support of this suggestion.
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  21. Virtual Consumption, Sustainability & Human Well-Being.Kenneth R. Pike & C. Tyler Desroches - 2020 - Environmental Values 29 (3):361-378.
    There is widespread consensus that present patterns of consumption could lead to the permanent impossibility of maintaining those patterns and, perhaps, the existence of the human race. While many patterns of consumption qualify as ‘sustainable’ there is one in particular that deserves greater attention: virtual consumption. We argue that virtual consumption — the experience of authentic consumptive experiences replicated by alternative means — has the potential to reduce the deleterious consequences of real consumption by redirecting some consumptive behavior from shifting (...)
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  22. How to Think about the Astrology Research Program: An Essay Considering Emergent Effects.Kenneth Douglas McRitchie - 2023 - Journal of Scientific Exploration 36 (4):706-716.
    As it has been shaped by improvements in its tools and methods, and by its discourse with critics, I describe how the astrological research program has advanced through three stages of modelling and design limitations. Single-factor tests (for example, the many Sun-sign–only experiments that have been published) are typically underdeterministic. Multi-factor tests, unless they are very well designed, can easily become overdeterministic. Chart-matching tests have been vulnerable to confirmation bias errors until the development of a machine-based, whole-chart matching protocol that (...)
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  23. The Enactivist Revolution.Kenneth Aizawa - 2014 - Avant: Trends in Interdisciplinary Studies (2):19-42.
    Among the many ideas that go by the name of “enactivism” there is the idea that by “cognition” we should understand what is more commonly taken to be behavior. For clarity, label such forms of enactivism “enactivismb.” This terminology requires some care in evaluating enactivistb claims. There is a genuine risk of enactivist and non-enactivist cognitive scientists talking past one another. So, for example, when enactivistsb write that “cognition does not require representations” they are not necessarily denying what cognitivists claim (...)
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  24. Environmental luck and the structure of understanding.Kenneth Boyd - 2020 - Episteme 17 (1):73-87.
    ABSTRACTConventional wisdom holds that there is no lucky knowledge: if it is a matter of luck, in some relevant sense, that one's belief that p is true, then one does not know that p. Here I will argue that there is similarly no lucky understanding, at least in the case of one type of luck, namely environmental luck. This argument has three parts. First, we need to determine how we evaluate whether one has understanding, which requires determining what I will (...)
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  25. The Fine-Tuning Argument Against the Multiverse.Kenneth Boyce & Philip Swenson - forthcoming - Philosophical Quarterly.
    It is commonly argued that the fact that our universe is fine-tuned for life favors both a design hypothesis as well as a non-teleological multiverse hypothesis. The claim that the fine-tuning of this universe supports a non-teleological multiverse hypothesis has been forcefully challenged however by Ian Hacking and Roger White. In this paper we take this challenge even further by arguing that if it succeeds, then not only does the fine-tuning of this universe fail to support a multiverse hypothesis, but (...)
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  26. Group understanding.Kenneth Boyd - 2019 - Synthese 198 (7):6837-6858.
    While social epistemologists have recently begun addressing questions about whether groups can possess beliefs or knowledge, little has yet been said about whether groups can properly be said to possess understanding. Here I want to make some progress on this question by considering two possible accounts of group understanding, modeled on accounts of group belief and knowledge: a deflationary account, according to which a group understands just in case most or all of its members understand, and an inflationary account, according (...)
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  27. Moral Understanding and Cooperative Testimony.Kenneth Boyd - 2020 - Canadian Journal of Philosophy 50 (1):18-33.
    It is has been argued that there is a problem with moral testimony: testimony is deferential, and basing judgments and actions on deferentially acquired knowledge prevents them from having moral worth. What morality perhaps requires of us, then, is that we understand why a proposition is true, but this is something that cannot be acquired through testimony. I argue here that testimony can be both deferential as well as cooperative, and that one can acquire moral understanding through cooperative testimony. The (...)
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  28. Emergence within social systems.Kenneth Silver - 2021 - Synthese 199 (3-4):7865-7887.
    Emergence is typically discussed in the context of mental properties or the properties of the natural sciences, and accounts of emergence within these contexts tend to look a certain way. The emergent property is taken to emerge instantaneously out of, or to be proximately caused by, complex interaction of colocated entities. Here, however, I focus on the properties instantiated by the elements of certain systems discussed in social ontology, such as being a five-dollar bill or a pawn-movement, and I suggest (...)
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  29. Peirce on Assertion, Speech Acts, and Taking Responsibility.Kenneth Boyd - 2016 - Transactions of the Charles S. Peirce Society 52 (1):21.
    C.S. Peirce held what is nowadays called a “commitment view” of assertion. According to this type of view, assertion is a kind of act that is determined by its “normative effects”: by asserting a proposition one undertakes certain commitments, typically to be able to provide reason to believe what one is asserting, or, in Peirce’s words, one “takes responsibility” for the truth of the proposition one asserts. Despite being an early adopter of the view, if Peirce’s commitment view of assertion (...)
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  30. (1 other version)Proper functionalism.Kenneth Boyce & Alvin Plantinga - 2012 - In Andrew Cullison (ed.), The Continuum Companion to Epistemology. New York: Continuum. pp. 124.
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  31. The Aid That Leaves Something to Chance.Kenneth Walden - 2014 - Ethics 124 (2):231-241.
    I argue that a crucial point has been overlooked in the debate over the “numbers problem.” The initial arrangement of parties in the problem can be thought of as chancy, and whatever considerations of fairness recommend the reliance on something like a coin toss in approaching this problem equally recommend treating the initial distribution as a kind of lottery. This fact, I suggest, undermines one of the principal arguments against saving the greater number.
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  32. The Coincidentalist Reply to the No-Miracles Argument.Kenneth Boyce - 2018 - Erkenntnis 83 (5):929-946.
    Proponents of the no-miracles argument contend that scientific realism is “the only philosophy that doesn’t make the success of science a miracle.” Bas van Fraassen argued, however, that the success of our best theories can be explained in Darwinian terms—by the fact they are survivors of a winnowing process in which unsuccessful theories are rejected. Critics of this selectionist explanation complain that while it may account for the fact we have chosen successful theories, it does not explain why any particular (...)
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  33. Conventionalism and the Impoverishment of the Space of Reasons: Carnap, Quine and Sellars.Kenneth R. Westphal - 2015 - Journal for the History of Analytical Philosophy 3 (8).
    This article examines how Quine and Sellars develop informatively contrasting responses to a fundamental tension in Carnap’s semantics ca. 1950. Quine’s philosophy could well be styled ‘Essays in Radical Empiricism’; his assay of radical empiricism is invaluable for what it reveals about the inherent limits of empiricism. Careful examination shows that Quine’s criticism of Carnap’s semantics in ‘Two Dogmas of Empiricism’ fails, that at its core Quine’s semantics is for two key reasons incoherent and that his hallmark Thesis of Extensionalism (...)
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  34. Morality, Agency, and Other People.Kenneth Walden - 2018 - Ergo: An Open Access Journal of Philosophy 5.
    Constitutivists believe that we can derive universally and unconditionally authoritative norms from the conditions of agency. Thus if c is a condition of agency, then you ought to live in conformity with c no matter what your particular ends, projects, or station. Much has been said about the validity of the inference, but that’s not my topic here. I want to assume it is valid and talk about what I take to be the highest ambition of constitutivism: the prospect of (...)
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  35. The Poets of Our Lives.Kenneth Walden - 2024 - Journal of Philosophy 121 (5):277-297.
    This article proposes a role for aesthetic judgment in our practical thought. The role is related to those moments when practical reason seems to give out, when it fails to yield a judgment about what to do in the face of a choice we cannot avoid. I argue that these impasses require agents to create, but that not any creativity will do. For we cannot regard a response to one of these problems as arbitrary or capricious if we want to (...)
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  36. The Euthyphro Dilemma.Kenneth Walden - 2013 - Philosophy and Phenomenological Research 90 (3):612-639.
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  37. Defending the possibility of a neutral functional theory of law.Kenneth M. Ehrenberg - 2008 - Oxford Journal of Legal Studies 29 (1):91.
    I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...)
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  38. Realism, Science, and Pragmatism.Kenneth R. Westphal (ed.) - 2014 - New York: Routledge.
    This collection of original essays aims to reinvigorate the debate surrounding philosophical realism in relation to philosophy of science, pragmatism, epistemology, and theory of perception. Questions concerning realism are as current and as ancient as philosophy itself; this volume explores relations between different positions designated as ‘realism’ by examining specific cases in point, drawn from a broad range of systematic problems and historical views, from ancient Greek philosophy through the present. The first section examines the context of the project; contributions (...)
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  39. Cow Care in Hindu Animal Ethics.Kenneth R. Valpey - 2019 - Springer Verlag.
    This Open Access book provides both a broad perspective and a focused examination of cow care as a subject of widespread ethical concern in India, and increasingly in other parts of the world. In the face of what has persisted as a highly charged political issue over cow protection in India, intellectual space must be made to bring the wealth of Indian traditional ethical discourse to bear on the realities of current human-animal relationships, particularly those of humans with cows. Dharma, (...)
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  40. Backwards Causation in Social Institutions.Kenneth Silver - 2024 - Erkenntnis 89 (5):1973-1991.
    Whereas many philosophers take backwards causation to be impossible, the few who maintain its possibility either take it to be absent from the actual world or else confined to theoretical physics. Here, however, I argue that backwards causation is not only actual, but common, though occurring in the context of our social institutions. After juxtaposing my cases with a few others in the literature and arguing that we should take seriously the reality of causal cases in these contexts, I consider (...)
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  41. An Artefactual Theory of Precedent.Kenneth M. Ehrenberg - 2023 - In Timothy Endicott, Hafsteinn Dan Kristjánsson & Sebastian Lewis (eds.), Philosophical Foundations of Precedent. Oxford University Press. pp. 268-280. Translated by Timothy Endicott, Hafsteinn Dan Kristjánsson & Sebastian Lewis.
    This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...)
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  42. Law is not (best considered) an essentially contested concept.Kenneth M. Ehrenberg - 2011 - International Journal of Law in Context 7:209-232.
    I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...)
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  43. Assertion, practical reasoning, and epistemic separabilism.Kenneth Boyd - 2015 - Philosophical Studies 172 (7):1907-1927.
    I argue here for a view I call epistemic separabilism , which states that there are two different ways we can be evaluated epistemically when we assert a proposition or treat a proposition as a reason for acting: one in terms of whether we have adhered to or violated the relevant epistemic norm, and another in terms of how epistemically well-positioned we are towards the fact that we have either adhered to or violated said norm. ES has been appealed to (...)
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  44. Thinking Things Twice.Kenneth Masong - 2014 - Hapág: A Journal of Interdisciplinary Theological Research 2 (11):5-12.
    For one to simply think, philosophy as a rational investigation of truths and principles of knowledge, being, and conduct, that is, philosophy as a "science," is not required. For thinking, what requisite is a reason, a human endowment constitutive of one's intelligence. One only needs a mind to be able to think. But something more is exigent for one to think twice, is to think again, to reconsider and see something from a different perspective. To think things twice, one needs (...)
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  45. Reason and respect.Kenneth Walden - 2019 - Oxford Studies in Metaethics 15.
    This chapter develops and defends an account of reason: to reason is to scrutinize one’s attitudes by consulting the perspectives of other persons. The principal attraction of this account is its ability to vindicate the unique of authority of reason. The chapter argues that this conception entails that reasoning is a robustly social endeavor—that it is, in the first instance, something we do with other people. It is further argued that such social endeavors presuppose mutual respect on the part of (...)
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  46. Causal Exclusion and Ontic Vagueness.Kenneth Silver - 2022 - Australasian Journal of Philosophy 100 (1):56-69.
    The Causal Exclusion Problem is raised in many domains, including in the metaphysics of macroscopic objects. If there is a complete explanation of macroscopic effects in terms of the microscopic entities that compose macroscopic objects, then the efficacy of the macroscopic will be threatened with exclusion. I argue that we can avoid the problem if we accept that macroscopic objects are ontically vague. Then, it is indeterminate which collection of microscopic entities compose them, and so information about microscopic entities is (...)
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  47.  58
    Scientific Constitutive Abduction.Kenneth Aizawa & Drew Headley - manuscript
    Alan Hodgkin and Andrew Huxley used abductive reasoning to draw conclusions about the ionic basis of the action potential. Here we build on that initial proposal. First, we propose that Hodgkin and Huxley’s constitutive abductive reasoning has four features. Second, we argue that Hodgkin and Huxley are not alone in giving such arguments. Tolman, 1948, and Baumgartner, 1960, also gave such arguments. The implication is that such arguments are common enough in science that philosophers of science should pay more attention (...)
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  48. Rascals, Triflers, and Pragmatists: Developing a Peircean Account of Assertion.Kenneth Boyd & Diana Heney - 2017 - British Journal for the History of Philosophy 25 (2):1-22.
    While the topic of assertion has recently received a fresh wave of interest from Peirce scholars, to this point no systematic account of Peirce’s view of assertion has been attempted. We think that this is a lacuna that ought to be filled. Doing so will help make better sense of Peirce’s pragmatism; further, what is hidden amongst various fragments is a robust pragmatist theory of assertion with unique characteristics that may have significant contemporary value. Here we aim to uncover this (...)
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  49. Less Evidence, Better Knowledge.Kenneth M. Ehrenberg - 2015 - McGill Law Journal 60 (2):173-214.
    In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of juror bias, admitting universal (...)
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  50. Law as Plan and Artefact.Kenneth M. Ehrenberg - 2016 - Jurisprudence 7 (2):325-340.
    Scott Shapiro’s theory that law is a social plan is helpful in seeing law essentially as a tool of human creation and as such is sympathetic to understanding law in terms of the social functions it performs, a method I argue for elsewhere. I focus here on two problems with the theory as presented. The planning theory does not adequately explain the persistence of law beyond the utility of those who implement it. Generally, plans can cease to exist as soon (...)
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