Results for 'Kenneth Man-kam Yip'

975 found
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  1. 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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  2. Farbspektrale Kontrapunkte. Fallstudie zur ästhetischen Urteilskraft in den experimentellen Wissenschaften.Olaf L. Müller - 2010 - In Rücknahme und Eingriff: Malerei der Anordnungen. Nürnberg, Deutschland: pp. 150-169.
    Spätestens seit es in der Kunst außer Mode kam, das Wort Schönheit einzusetzen, begannen die Physiker, ihre Arbeitsergebnisse schön zu nennen. Sie sagen z.B.: Wenn eine Theorie schön ist, so spricht das für die Wahrheit der Theorie. Und sie streben nach schönen Experimenten. Was ist damit gemeint? Definieren lässt sich dieser Begriff genauso wenig wie für Kunstwerke. Daher erläutere ich ihn anhand optischer Experimente Newtons, Goethes und aus neuerer Zeit. Man kann z.B. zeigen, dass die Weißsynthese des Desaguliers schöner ist (...)
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  3. RAPORTUL DINTRE HOMO RELIGIOSUS ȘI OMUL CREȘTIN ÎN GÂNDIREA LUI MIRCEA ELIADE.Adrian Boldisor - 2010 - Analele Institutului de Isrorie G. Baritiu Din Cluj Napoca 8 (8):235-250.
    This study is an analysis of the relationship between homo religiosus and the Christian man, as it emerges from Mircea Eliade’s work. His ideas concerning the dialectics sacred-profane are related to homo religiosus, the man of the traditional societies. According to Eliade’s vision, one can use the term homo religiosus only within the context of his universe. Many mythical themes are present in the modern world, but it is difficult to identify them, going through the process of desacralization. The “mythical” (...)
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  4. Science as a Communicative Mode of Life.Jaime Nubiola & Sara Barrena - 2014 - In Sørensen Torkild Thellefsen and Bent (ed.), The Peirce Quote Book: Charles Sanders Peirce in His Own Words. Mouton de Gruyter. pp. 437-442.
    "I do not call the solitary studies of a single man a science. It is only when a group of men, more or less in intercommunication, are aiding and stimulating one another by their understanding of a particular group of studies as outsiders cannot understand them, that call their life a science”. (MS 1334: 12–13, 1905). This beautiful quotation from Charles S. Peirce comes from his “Lecture I to the Adirondack Summer School 1905” and was catalogued as MS 1334 (Robin (...)
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  5. Who created whom?Abbot Kamalkhani - manuscript
    Did God create man, or did man create God? Did God or the Gods create us, or is it the other way around, and we created the Gods? -/- As primitive homo-sapiens, we wanted to understand where we came from, giving birth to many superstitious views and unscientific assumptions that created various versions of Gods, and the Gods were not always as we know them today .
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  6. Emotions as modulators of desire.Brandon Yip - 2021 - Philosophical Studies 179 (3):855-878.
    We commonly appeal to emotions to explain human behaviour: we seek comfort out of grief, we threaten someone in anger and we hide in fear. According to the standard Humean analysis, intentional action is always explained with reference to a belief-desire pair. According to recent consensus, however, emotions have independent motivating force apart from beliefs and desires, and supplant them when explaining emotional action. In this paper I provide a systematic framework for thinking about the motivational structure of emotion and (...)
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  7. Emotion as High-level Perception.Brandon Yip - 2021 - Synthese 199 (3-4):7181-7201.
    According to the perceptual theory of emotions, emotions are perceptions of evaluative properties. The account has recently faced a barrage of criticism recently by critics who point out varies disanalogies between emotion and paradigmatic perceptual experiences. What many theorists fail to note however, is that many of the disanalogies that have been raised to exclude emotions from being perceptual states that represent evaluative properties have also been used to exclude high-level properties from appearing in the content of perception. This suggests (...)
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  8. The Transformation of Emotion: First and Third Person Perspectives in Developmental Context.Brandon Yip - 2021 - Australasian Philosophical Review 5 (4):389-395.
    Shun argues that the distinction made between emotions experienced from the first-person perspective and those from the third-person perspective does not capture our everyday emotional experience. My proposal is that even if we accept this claim, first- and third-person perspective taking is still crucial in the development of our emotional psychology. This is so in two respects. First, the features of intimacy and impartiality that mark adult emotional response are a product of a developmental process that involves perspective taking. Second, (...)
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  9. Intellectual Humility without Limits: Magnanimous Humility, Disagreement and the Epistemology of Resistance.Brandon Yip - 2024 - Philosophy and Phenomenological Research.
    In this paper, I provide a characterisation of a neglected form of humility: magnanimous humility. Unlike most contemporary analyses of humility, magnanimous humility is not about limitations but instead presupposes that one possesses some entitlement in a context. I suggest that magnanimous intellectual humility (IH) consists in a disposition to appropriately refrain from exercising one’s legitimate epistemic entitlements because one is appropriately motivated to pursue some epistemic good. I then shown that Magnanimous IH has an important role to play in (...)
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  10. Being Seen and Being with Others: Shame and Interpersonal Relationships.Brandon Yip - forthcoming - American Philosophical Quarterly.
    I seek to vindicate heteronomous shame: shame that one experiences in response to a judgment from another that one does not accept. I suggest that such experiences are instances of interpersonal shame. This is shame that involves a sensitivity to interpersonal ideals, whose instantiation depends partly on the attitudes of others. I defend the importance of such shame by showing how vulnerability to others is a constitutive part of rich interpersonal relationships. The account both casts light on and vindicates the (...)
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  11. Assertion, Stakes and Expected Blameworthiness: An Insensitive Invariantist Solution to the Bank Cases.Brandon Yip - 2020 - Erkenntnis (4):1501-1519.
    Contextualists and Subject Sensitive Invariantists often cite the knowledge norm of assertion as part of their argument. They claim that the knowledge norms in conjunction with our intuitions about when a subject is properly asserting in low or high stakes contexts provides strong evidence that what counts as knowledge depends on practical factors. In this paper, I present new data to suggest they are mistaken in the way they think about cases involving high and low stakes and I show how (...)
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  12. 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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  13. 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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  14. 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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  15. 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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  16. 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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  17. Fine-Tuning Indexical Evidence.Kenneth Boyce - manuscript
    Abstract: Proponents of the this-universe objection to fine-tuning arguments for a multiverse claim that while the multiverse hypothesis raises the probability that some universe is fine-tuned for life, it fails to raise the probability that this one is. Because that is so, they further argue, those who take the fine-tuning of this universe as evidence for the multiverse hypothesis are guilty of a probabilistic fallacy. I argue that a proper evaluation of the this-universe objection requires the development of a general, (...)
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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. Christine Ladd-Franklin on the nature and unity of the proposition.Kenneth Boyd - 2021 - British Journal for the History of Philosophy 30 (2):231-249.
    ABSTRACT Although in recent years Christine Ladd-Franklin has received recognition for her contributions to logic and psychology, her role in late nineteenth- and early twentieth-century philosophy, as well as her relationship with American pragmatism, has yet to be fully appreciated. My goal here is to attempt to better understand Ladd-Franklin’s place in the pragmatist tradition by drawing attention to her work on the nature and unity of the proposition. The question concerning the unity of the proposition – namely, the problem (...)
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  20. Markets Within the Limit of Feasibility.Kenneth Silver - 2023 - Journal of Business Ethics 182:1087-1101.
    The ‘limits of markets’ debate broadly concerns the question of when it is (im)permissible to have a market in some good. Markets can be of tremendous benefit to society, but many have felt that certain goods should not be for sale (e.g., sex, kidneys, bombs). Their sale is argued to be corrupting, exploitative, or to express a form of disrespect. InMarkets without Limits, Jason Brennan and Peter Jaworski have recently argued to the contrary: For any good, as long as it (...)
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  21. 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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  22. 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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  23. 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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  24. Bridging the gap between medical and bioinformatics: An ontological case study in colon carcinoma.Anand Kumar, Yum Lina Yip, Barry Smith & Pierre Grenon - 2006 - Computers in Biology and Medicine 36 (7):694--711.
    Ontological principles are needed in order to bridge the gap between medical and biological information in a robust and computable fashion. This is essential in order to draw inferences across the levels of granularity which span medicine and biology, an example of which include the understanding of the roles of tumor markers in the development and progress of carcinoma. Such information integration is also important for the integration of genomics information with the information contained in the electronic patient records in (...)
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  25. An ontology for carcinoma classification for clinical bioinformatics.Anand Kumar, Yum Lina Yip, Barry Smith, Dirk Marwede & Daniel Novotny - 2005 - Studies in Health Technology and Informatics 116 (1):635-640.
    There are a number of existing classifications and staging schemes for carcinomas, one of the most frequently used being the TNM classification. Such classifications represent classes of entities which exist at various anatomical levels of granularity. We argue that in order to apply such representations to the Electronic Health Records one needs sound ontologies which take into consideration the diversity of the domains which are involved in clinical bioinformatics. Here we outline a formal theory for addressing these issues in a (...)
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  26. Corporate Weakness of Will.Kenneth Silver - forthcoming - Journal of Business Ethics:1-17.
    Proponents of corporate moral responsibility take certain corporations to be capable of being responsible in ways that do not reduce to the responsibility of their members. If correct, one follow-up question concerns what leads corporations to fail to meet their obligations. We often fail morally when we know what we should do and yet fail to do it, perhaps out of incontinence, akrasia, or weakness of will. However, this kind of failure is much less discussed in the corporate case. And, (...)
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  27. "Creative Translation in Emerson's Idealism".Kenneth P. Winkler - 2023 - In Thomas Nolden (ed.), In the Face of Adversity: Translating Difference and Dissent. UCL Press. pp. 237-253.
    I consider Ralph Waldo Emerson’s creative appropriation of a philosophical doctrine that helps to make sense of an attitude towards life, its gifts and its burdens, that is often expressed in Puritan diaries. The doctrine, now known as the doctrine of continuous creation, holds that in conserving the world, God re-creates it at every moment, making the same creative effort at each ever-advancing now that God made at the very beginning. Continuous creation was explicitly endorsed by at least one Puritan (...)
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  28. When Should the Master Answer? Respondeat Superior and the Criminal Law.Kenneth Silver - 2024 - Criminal Law and Philosophy 18 (1):89-108.
    Respondeat superior is a legal doctrine conferring liability from one party onto another because the latter stands in some relationship of authority over the former. Though originally a doctrine of tort law, for the past century it has been used within the criminal law, especially to the end of securing criminal liability for corporations. Here, I argue that on at least one prominent conception of criminal responsibility, we are not justified in using this doctrine in this way. Firms are not (...)
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  29. 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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  30. 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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  31. 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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  32. 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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  33. 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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  34. Levi's Challenge and Peirce's Theory/Practice Distinction.Kenneth Boyd - 2012 - Transactions of the Charles S. Peirce Society 48 (1):51.
    Isaac Levi targets an implicit tension in C.S. Peirce’s epistemology, one that exists between the need to always be open-minded and aware of our propensity to make mistakes so that we do not “block the road of inquiry,” and the need to treat certain beliefs as infallible and to doubt only in a genuine way so that inquiry can proceed in the first place. Attempts at alleviating this tension have typically involved interpreting Peirce as ascribing different normative standards to different (...)
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  35. 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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  36. Peirce on Intuition, Instinct, and Common Sense.Kenneth Boyd & Diana Heney - 2017 - European Journal of Pragmatism and American Philosophy (2).
    In addition to being a founder of American pragmatism, Charles Sanders Peirce was a scientist and an empiricist. A core aspect of his thoroughgoing empiricism was a mindset that treats all attitudes as revisable. His fallibilism seems to require us to constantly seek out new information, and to not be content holding any beliefs uncritically. At the same time, Peirce often states that common sense has an important role to play in both scientific and vital inquiry, and that there cannot (...)
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  37. 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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  38. 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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  39. 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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  40. Determination from Above.Kenneth Silver - 2023 - Philosophical Issues 33 (1):237-251.
    There are many historical concerns about freedom that have come to be deemphasized in the free will literature itself—for instance, worries around the tyranny of government or the alienation of capitalism. It is hard to see how the current free will literature respects these, or indeed how they could even find expression. This paper seeks to show how these and other concerns can be reintegrated into the debate by appealing to a levels ontology. Recently, Christian List and others have considered (...)
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  41. 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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  42. Incomparable numbers.Kenneth Walden - 2020 - Oxford Studies in Normative Ethics 10.
    This chapter presents arguments for two slightly different versions of the thesis that the value of persons is incomparable. Both arguments allege an incompatibility between the demands of a certain kind of practical reasoning and the presuppositions of value comparisons. The significance of these claims is assessed in the context of the “Numbers problem”—the question of whether one morally ought to benefit one group of potential aid recipients rather than another simply because they are greater in number. It is argued (...)
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  43. 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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  44. Multi‐Peer Disagreement and the Preface Paradox.Kenneth Boyce & Allan Hazlett - 2014 - Ratio 29 (1):29-41.
    The problem of multi-peer disagreement concerns the reasonable response to a situation in which you believe P1 … Pn and disagree with a group of ‘epistemic peers’ of yours, who believe ∼P1 … ∼Pn, respectively. However, the problem of multi-peer disagreement is a variant on the preface paradox; because of this the problem poses no challenge to the so-called ‘steadfast view’ in the epistemology of disagreement, on which it is sometimes reasonable to believe P in the face of peer disagreement (...)
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  45. 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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  46. Great Beyond All Comparison.Kenneth Walden - 2023 - In Sarah Buss & Nandi Theunissen (eds.), Rethinking the Value of Humanity. New York, US: OUP Usa. pp. 181-201.
    Many people find comparisons of the value of persons distasteful, even immoral. But what can be said in support of the claim that persons have incomparable worth? This chapter considers an argument purporting to show that the value of persons is incomparable because it is so great—because it is infinite. The argument rests on two claims: that the value of our capacity for valuing must equal or exceed the value of things valued and that our capacity for valuing is unbounded (...)
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  47. 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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  48. 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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  49. 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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  50. Social Structure and Responsibility.Kenneth M. Ehrenberg - 1999 - Loyola Poverty Law Journal 5:1-26.
    Economic success in competitive systems requires resource redistribution to those who fail. Once we recognize that success in competitive endeavors depends meaningfully on the failure of others, policy implications that involve strong redistributive mechanisms should be drawn. Particular attention is paid to the role of education in fostering a sense of self-esteem necessary to counter the effects of internalized competition.
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