Results for 'Legal Pluralism'

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  1. Claim-Making and Parallel Universes: The Legal Pluralism of Church, State and Empire in Europe.Poul F. Kjaer - 2018 - In Gareth Davies & Matej Avbelj (eds.), Research Handbook on Legal Pluralism and EU Law. Cheltenham: Edward Elgar. pp. 11 - 21.
    When Neil MacCormick, in the wake of the launch of the Maastricht Treaty on European Union, went “beyond the Sovereign State” in 1993, he fundamentally challenged the heretofore dominant paradigm of legal ordering in the European context which considered law to be singular, unified and confined within sovereign nation states. The original insight of MacCormick might, however, be pushed even further, as a historical re-construction reveals that legal pluralism is not only a trademark of recent historical times, (...)
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  2. The Publicity "Defect" of Customary Law.Varun Gauri - 2012 - In Brian Z. Tamanaha, Caroline Mary Sage & Michael J. V. Woolcock (eds.), Legal Pluralism and Development: Scholars and Practitioners in Dialogue. Cambridge University Press.
    This paper examines the extent to which dispute resolvers in customary law systems provide widely understandable justifications for their decisions. The paper first examines the liberal-democratic reasons for the importance of publicity, understood to be wide accessibility of legal justification, by reviewing the uses of publicity in Habermas’ and Rawls’ accounts of the rule of law. Taking examples from Sierra Leone, the paper then argues that customary law systems would benefit from making local dispute resolution practices, such as “begging” (...)
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  3. Skepticism About Ought Simpliciter.Derek Baker - 2018 - Oxford Studies in Metaethics 13.
    There are many different oughts. There is a moral ought, a prudential ought, an epistemic ought, the legal ought, the ought of etiquette, and so on. These oughts can prescribe incompatible actions. What I morally ought to do may be different from what I self-interestedly ought to do. Philosophers have claimed that these conflicts are resolved by an authoritative ought, or by facts about what one ought to do simpliciter or all-things-considered. However, the only coherent notion of an ought (...)
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  4. Global Law as Intercontextuality and as Interlegality.Poul F. Kjaer - 2019 - In The Challenge of Inter-legality. Cambridge, UK: pp. 302-318.
    Since the 1990s the effects of globalization on law and legal developments has been a central topic of scholarly debate. To date, the debate is however marked by three substantial deficiencies which this chapter seeks to remedy through a reconceptualization of global law as a law of inter-contextuality expressed through inter-legality and materialized through a particular body of legal norms which can be characterized as connectivity norms. The first deficiency is a historical and empirical one. Both critics as (...)
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  5. Homeschooling, Freedom of Conscience, and the School as Republican Sanctuary: An Analysis of Arguments Representing Polar Conceptions of the Secular State and Religious Neutrality.P. J. Oh - 2016 - Dissertation, University of Jyväskylä
    This paper examines how stances and understandings pertaining to whether home education is civically legitimate within liberal democratic contexts can depend on how one conceives normative roles of the secular state and the religious neutrality that is commonly associated with it. For the purposes of this paper, home education is understood as a manifestation of an educational philosophy ideologically based on a given conception of the good. -/- Two polar conceptions of secularism, republican and liberal-pluralist, are explored. Republican secularists declare (...)
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  6. Ontological Pluralism About Non-Being.Sara Bernstein - forthcoming - In Sara Bernstein & Tyron Goldschmidt (eds.), Non-being: New Essays on Nonexistence.
    I develop ontological pluralism about non-being, the view that there are multiple ways, kinds, or modes of non-being. I suggest that the view is both more plausible and defensible and than it first seems, and that it has many useful applications across a wide variety of metaphysical and explanatory problems. After drawing out the relationship between pluralism about being and pluralism about non-being, I discuss quantificational strategies for the pluralist about non-being. I examine historical precedent for the (...)
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  7. Rivalry, Normativity, and the Collapse of Logical Pluralism.Erik Stei - 2020 - Inquiry: An Interdisciplinary Journal of Philosophy 63 (3-4):411-432.
    Logical pluralism is the view that there is more than one correct logic. This very general characterization gives rise to a whole family of positions. I argue that not all of them are stable. The main argument in the paper is inspired by considerations known as the “collapse problem”, and it aims at the most popular form of logical pluralism advocated by JC Beall and Greg Restall. I argue that there is a more general argument available that challenges (...)
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  8. Pluralism About Knowledge.Robin McKenna - 2017 - In Annalisa Coliva & Nikolaj Jang Lee Linding Pedersen (eds.), Epistemic Pluralism. Palgrave Macmillan. pp. 171-198.
    In this paper I consider the prospects for pluralism about knowledge, that is, the view that there is a plurality of knowledge relations. After a brief overview of some views that entail a sort of pluralism about knowledge, I focus on a particular kind of knowledge pluralism I call standards pluralism. Put roughly, standards pluralism is the view that one never knows anything simpliciter. Rather, one knows by this-or-that epistemic standard. Because there is a plurality (...)
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  9. Sophism and Moral Agnosticism, or, How to Tell a Relativist From a Pluralist. Torcello - 2011 - The Pluralist 6 (1):87.
    Is it possible to recognize the limits of rationality, and thus to embrace moral pluralism, without embracing moral relativism? My answer is yes; nevertheless, certain anti-foundational positions, both recent and ancient, take a cynical stance toward the possibility of any critical moral judgment, and as such, must be regarded as relativistic.1 It is such cynicism, I argue, whether openly announced or unknowingly implied, that marks the distinction between relativism and pluralism.2 The danger of this cynicism is not so (...)
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  10. The Anarchist Official: A Problem for Legal Positivism.Kenneth M. Ehrenberg - 2011 - Australian Journal of Legal Philosophy 36:89-112.
    I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system (...)
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  11. 20th-Century Bulgarian Philosophy of Law: From Critical Acceptance of Kant’s Ideas to the Logic of Legal Reasoning.Vihren Bouzov - 2016 - In Enrico Pattaro & C. Roversi (eds.), A Treatise of Legal Philosophy and General Jurisprudence. V.12 (1), Legal Philosophy in the Twentieth Century: The Civil Law World. pp. 681-690.
    My analysis here is an attempt to bring out the main through-line in the development of Bulgarian philosophy of law today. A proper account of Bulgarian philosophy of law in the 20th century requires an attempt to find, on the one hand, a solution to epistemological and methodological problems in law and, on the other, a clear-cut influence of the Kantian critical tradition. Bulgarian philosophy of law follows a complicated path, ranging from acceptance and revision of Kantian philosophy to the (...)
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  12. Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in Edmondson, Kindrat and Brown.Lucinda Vandervort - 2012 - In Elizabeth Sheehy (ed.), SEXUAL ASSAULT IN CANADA: LAW, LEGAL PRACTICE & WOMEN'S ACTIVISM,. Ottawa, ON, Canada: Ottawa: University of Ottawa Press. pp. 111-150.
    In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of (...)
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  13. What is Legal Moralism?Thomas Søbirk Petersen - 2011 - SATS 12 (1):80-88.
    The aim of this critical commentary is to distinguish and analytically discuss some important variations in which legal moralism is defined in the literature. As such, the aim is not to evaluate the most plausible version of legal moralism, but to find the most plausible definition of legal moralism. As a theory of criminalization, i.e. a theory that aims to justify the criminal law we should retain, legal moralism can be, and has been, defined as follows: (...)
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  14.  13
    Bashar H. Malkawi, Signing Ceremony of MOU on Professional Legal Diploma, Government of Dubai 2020.Bashar H. Malkawi - 2020 - Dubai Legal Periodical 2:1.
    Signing Ceremony of MOU on Professional Legal Diploma, Government of Dubai 2020.
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  15. The Reasonable and the Relevant: Legal Standards of Proof.Georgi Gardiner - 2019 - Philosophy and Public Affairs 47 (3):288-318.
    According to a common conception of legal proof, satisfying a legal burden requires establishing a claim to a numerical threshold. Beyond reasonable doubt, for example, is often glossed as 90% or 95% likelihood given the evidence. Preponderance of evidence is interpreted as meaning at least 50% likelihood given the evidence. In light of problems with the common conception, I propose a new ‘relevant alternatives’ framework for legal standards of proof. Relevant alternative accounts of knowledge state that a (...)
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  16. Devil’s Advocates: On the Ethics of Unjust Legal Advocacy.Michael Huemer - manuscript
    I argue that it is morally wrong for a lawyer to pursue a legal outcome that he knows to be unjust, such as the acquittal of a guilty client or the triumph of the wrong side in a lawsuit.
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  17. Patterns in Cognitive Phenomena and Pluralism of Explanatory Styles.Angela Potochnik & Guilherme Sanches de Oliveira - 2019 - Topics in Cognitive Science:1-15.
    Debate about cognitive science explanations has been formulated in terms of identifying the proper level(s) of explanation. Views range from reductionist, favoring only neuroscience explanations, to mechanist, favoring the integration of multiple levels, to pluralist, favoring the preservation of even the most general, high-level explanations, such as those provided by embodied or dynamical approaches. In this paper, we challenge this framing. We suggest that these are not different levels of explanation at all but, rather, different styles of explanation that capture (...)
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  18.  40
    Species of Pluralism in Political Philosophy.Kyle Johannsen - forthcoming - Journal of Value Inquiry:1-16.
    The name ‘pluralism’ frequently rears its head in political philosophy, but theorists often have different things in mind when using the term. Whereas ‘reasonable pluralism’ refers to the fact of moral diversity among citizens of a liberal democracy, ‘value pluralism’ is a metaethical view about the structure of moral practical reasoning. In this paper, I argue that value pluralism is part of the best explanation for reasonable pluralism. However, I also argue that embracing this explanation (...)
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  19. Legal Burdens of Proof and Statistical Evidence.Georgi Gardiner - forthcoming - In James Chase & David Coady (eds.), The Routledge Handbook of Applied Epistemology. Routledge.
    In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases suggests (...)
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  20. In Defense of Exclusionary Reasons.N. P. Adams - forthcoming - Philosophical Studies:1-19.
    Exclusionary defeat is Joseph Raz’s proposal for understanding the more complex, layered structure of practical reasoning. Exclusionary reasons are widely appealed to in legal theory and consistently arise in many other areas of philosophy. They have also been subject to a variety of challenges. I propose a new account of exclusionary reasons based on their justificatory role, rejecting Raz’s motivational account and especially contrasting exclusion with undercutting defeat. I explain the appeal and coherence of exclusionary reasons by appeal to (...)
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  21. Normative Alethic Pluralism.Filippo Ferrari - 2018 - In Nathan Kellen, Nikolaj J. L. L. Pedersen & Jeremy Wyatt (eds.), Pluralisms in Truth and Logic. London, UK: Palgrave Macmillan. pp. 145-168.
    Some philosophers have argued that truth is a norm of judgement and have provided a variety of formulations of this general thesis. In this paper, I shall side with these philosophers and assume that truth is a norm of judgement. What I am primarily interested in here are two core questions concerning the judgement-truth norm: (i) what are the normative relationships between truth and judgement? And (ii) do these relationships vary or are they constant? I argue for a pluralist picture—what (...)
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  22.  31
    A Dilemma for Determination Pluralism.Ragnar van der Merwe - forthcoming - Axiomathes:1-17.
    Douglas Edwards is arguably the most prominent contemporary advocate of moderate alethic pluralism. Significantly influenced by Crispin Wright and Michael Lynch, his work on the nature of truth has become widely discussed in the topical literature. Edwards labels his version of moderate alethic pluralism determination pluralism. At first blush, determination pluralism appears philosophically promising. The position deserves thoughtful consideration, particularly because of its capacity to accommodate the scope problem. I argue, however, that upon analysis the view (...)
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  23. On Jain Anekantavada and Pluralism in Philosophy of Mathematics.Landon D. C. Elkind - 2019 - International School for Jain Studies-Transactions 2 (3):13-20.
    I claim that a relatively new position in philosophy of mathematics, pluralism, overlaps in striking ways with the much older Jain doctrine of anekantavada and the associated doctrines of nyayavada and syadvada. I first outline the pluralist position, following this with a sketch of the Jain doctrine of anekantavada. I then note the srrong points of overlaps and the morals of this comparison of pluralism and anekantavada.
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  24. Explanatory Pluralism: An Unrewarding Prediction Error for Free Energy Theorists.Matteo Colombo & Cory Wright - 2017 - Brain and Cognition 112:3–12.
    Courtesy of its free energy formulation, the hierarchical predictive processing theory of the brain (PTB) is often claimed to be a grand unifying theory. To test this claim, we examine a central case: activity of mesocorticolimbic dopaminergic (DA) systems. After reviewing the three most prominent hypotheses of DA activity—the anhedonia, incentive salience, and reward prediction error hypotheses—we conclude that the evidence currently vindicates explanatory pluralism. This vindication implies that the grand unifying claims of advocates of PTB are unwarranted. More (...)
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  25. Cognitive Science of Religion and the Nature of the Divine: A Pluralist Non-Confessional Approach.Johan De Smedt & Helen De Cruz - 2020 - In Jerry L. Martin (ed.), Theology without walls: The transreligious imperative. New York, USA: Taylor and Francis. pp. 128-137.
    According to cognitive science of religion (CSR) people naturally veer toward beliefs that are quite divergent from Anselmian monotheism or Christian theism. Some authors have taken this view as a starting point for a debunking argument against religion, while others have tried to vindicate Christian theism by appeal to the noetic effects of sin or the Fall. In this paper, we ask what theologians can learn from CSR about the nature of the divine, by looking at the CSR literature and (...)
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  26. Sellars, Truth Pluralism, and Truth Relativism.Lionel Shapiro - forthcoming - In Stefan Brandt & Anke Breunig (eds.), Wilfrid Sellars and Twentieth-Century Philosophy. New York, USA: Routledge. pp. 174–206.
    Two currently much discussed views about truth, truth pluralism and truth relativism, are found in Sellars’s writings. I show that his motivations for adoping these views are interestingly different from those shared by most of their recent advocates. First, I explain how Sellars comes to embrace a version of truth pluralism. I argue that his version overcomes a difficulty confronting pluralists, albeit at a serious cost. Then I argue that Sellars’s truth pluralism isn’t motivated by his interest (...)
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  27. Set-Theoretic Pluralism and the Benacerraf Problem.Justin Clarke-Doane - 2020 - Philosophical Studies 177 (7):2013-2030.
    Set-theoretic pluralism is an increasingly influential position in the philosophy of set theory (Balaguer [1998], Linksy and Zalta [1995], Hamkins [2012]). There is considerable room for debate about how best to formulate set-theoretic pluralism, and even about whether the view is coherent. But there is widespread agreement as to what there is to recommend the view (given that it can be formulated coherently). Unlike set-theoretic universalism, set-theoretic pluralism affords an answer to Benacerraf’s epistemological challenge. The purpose of (...)
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  28. On Ordered Pluralism.Matthieu Queloz - forthcoming - Australasian Philosophical Review 3 (1).
    This paper examines Miranda Fricker’s method of paradigm-based explanation and in particular its promise of yielding an ordered pluralism. Fricker’s starting point is a schism between two conceptions of forgiveness, Moral Justice Forgiveness and Gifted Forgiveness. In the light of a hypothesis about the basic point of forgiveness, she reveals the unity underlying the initially baffling plurality and brings order into it, presenting a paradigmatic form of forgiveness as explanatorily basic and other forms as derivative. The resulting picture, she (...)
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  29. Explanatory Pluralism in Cognitive Science.Rick Dale, Eric Dietrich & Anthony Chemero - 2009 - Cognitive Science 33 (2):739-742.
    This brief commentary has three goals. The first is to argue that ‘‘framework debate’’ in cognitive science is unresolvable. The idea that one theory or framework can singly account for the vast complexity and variety of cognitive processes seems unlikely if not impossible. The second goal is a consequence of this: We should consider how the various theories on offer work together in diverse contexts of investigation. A final goal is to supply a brief review for readers who are compelled (...)
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  30. Limiting Logical Pluralism.Suki Finn - forthcoming - Synthese:1-19.
    In this paper I argue that pluralism at the level of logical systems requires a certain monism at the meta-logical level, and so, in a sense, there cannot be pluralism all the way down. The adequate alternative logical systems bottom out in a shared basic meta-logic, and as such, logical pluralism is limited. I argue that the content of this basic meta-logic must include the analogue of logical rules Modus Ponens (MP) and Universal Instantiation (UI). I show (...)
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  31. Epistemic Relativism, Scepticism, Pluralism.Martin Kusch - 2017 - Synthese 194 (12):4687-4703.
    There are a number of debates that are relevant to questions concerning objectivity in science. One of the eldest, and still one of the most intensely fought, is the debate over epistemic relativism. —All forms of epistemic relativism commit themselves to the view that it is impossible to show in a neutral, non-question-begging, way that one “epistemic system”, that is, one interconnected set of epistemic standards, is epistemically superior to others. I shall call this view “No-metajustification”. No-metajustification is commonly taken (...)
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  32. Animals, Slaves, and Corporations: Analyzing Legal Thinghood.Visa A. J. Kurki - 2017 - German Law Journal 18 (5):1070-1090.
    The Article analyzes the notion of legal “thinghood” in the context of the person–thing bifurcation. In legal scholarship, there are numerous assumptions pertaining to this definition that are often not spelled out. In addition, one’s chosen definition of “thing” is often simply taken to be the correct one. The Article scrutinizes these assumptions and definitions. First, a brief history of the bifurcation is offered. Second, three possible definitions of “legal thing” are examined: Things as nonpersons, things as (...)
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  33. Slurs and Register: A Case Study in Meaning Pluralism.Justina Diaz‐Legaspe, Chang Liu & Robert J. Stainton - 2019 - Mind and Language 35 (2):156-182.
    Most theories of slurs fall into one of two families: those which understand slurring terms to involve special descriptive/informational content (however conveyed), and those which understand them to encode special emotive/expressive content. Our view is that both offer essential insights, but that part of what sets slurs apart is use-theoretic content. In particular, we urge that slurring words belong at the intersection of a number of categories in a sociolinguistic register taxonomy, one that usually includes [+slang] and [+vulgar] and always (...)
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  34. Multicultural Multilegalism – Definition and Challenges.Morten Ebbe Juul Nielsen - 2011 - Les ateliers de l'éthique/The Ethics Forum 6 (2):126-154.
    Multilegalism is a species of legal pluralism denoting the existence of quasi-autonomous “minority jurisdictions” for at least some legal matters within a “normal” state jurisdiction. Multiculturalism in the advocatory sense might provide the justification for establishing such minority jurisdictions. This paper aims to provide 1) a detailed idea about what such a multicultural multilegal arrangement would amount to and how it differs from certain related concepts and legal frameworks, 2) in what sense some standard multicultural arguments (...)
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  35. Non-Normative Logical Pluralism and the Revenge of the Normativity Objection.Erik Stei - 2020 - Philosophical Quarterly 70 (278):162–177.
    Logical pluralism is the view that there is more than one correct logic. Most logical pluralists think that logic is normative in the sense that you make a mistake if you accept the premisses of a valid argument but reject its conclusion. Some authors have argued that this combination is self-undermining: Suppose that L1 and L2 are correct logics that coincide except for the argument from Γ to φ, which is valid in L1 but invalid in L2. If you (...)
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  36. Affirmative Sexual Consent in Canadian Law, Jurisprudence, and Legal Theory.Lucinda Vandervort - 2012 - Columbia Journal of Gender and Law 23 (2):395-442.
    This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault (...)
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  37. Ecumenical Alethic Pluralism.Filippo Ferrari & Sebastiano Moruzzi - 2019 - Canadian Journal of Philosophy 49 (3):368-393.
    ABSTRACTEcumenical Alethic Pluralism is a novel kind of alethic pluralism. It is ecumenical in that it widens the scope of alethic pluralism by allowing for a normatively deflated truth property alongside a variety of normatively robust truth properties. We establish EAP by showing how Wright’s Inflationary Arguments fail in the domain of taste, once a relativist treatment of the metaphysics and epistemology of that domain is endorsed. EAP is highly significant to current debates on the nature of (...)
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  38. Explaining the Behaviour of Random Ecological Networks: The Stability of the Microbiome as a Case of Integrative Pluralism.Roger Deulofeu, Javier Suárez & Alberto Pérez-Cervera - forthcoming - Synthese:1-23.
    Explaining the behaviour of ecosystems is one of the key challenges for the biological sciences. Since 2000, new-mechanicism has been the main model to account for the nature of scientific explanation in biology. The universality of the new-mechanist view in biology has been however put into question due to the existence of explanations that account for some biological phenomena in terms of their mathematical properties (mathematical explanations). Supporters of mathematical explanation have argued that the explanation of the behaviour of ecosystems (...)
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  39. Legal Fictions and the Essence of Robots: Thoughts on Essentialism and Pragmatism in the Regulation of Robotics.Fabio Fossa - 2018 - In Mark Coeckelbergh, Janina Loh, Michael Funk, Joanna Seibt & Marco Nørskov (eds.), Envisioning Robots in Society – Power, Politics, and, Public Space. Amsterdam: pp. 103-111.
    The purpose of this paper is to offer some critical remarks on the so-called pragmatist approach to the regulation of robotics. To this end, the article mainly reviews the work of Jack Balkin and Joanna Bryson, who have taken up such ap- proach with interestingly similar outcomes. Moreover, special attention will be paid to the discussion concerning the legal fiction of ‘electronic personality’. This will help shed light on the opposition between essentialist and pragmatist methodologies. After a brief introduction (...)
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  40.  46
    Challenging the ‘Born Alive’ Threshold: Fetal Surgery, Artificial Wombs, and the English Approach to Legal Personhood.Elizabeth Chloe Romanis - 2019 - Medical Law Review.
    English law is unambiguous that legal personality, and with it all legal rights and protections, is assigned at birth. This rule is regarded as a bright line that is easily and consistently applied. The time has come, however, for the rule to be revisited. This article demonstrates that advances in fetal surgery and (anticipated) artificial wombs do not marry with traditional conceptions of birth and being alive in law. These technologies introduce the possibility of ex utero gestation, and/or (...)
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  41. Attention and Mindwandering in Skilled Behavior: An Argument for Pluralism.Carolyn Dicey Jennings & Alex Dayer - manuscript
    Peak human performance—whether of Olympic athletes, Nobel prize winners, or Carnegie Hall musicians—depends on skill. Skill is at the heart of what it means to excel. Yet, the fixity of skilled behavior can sometimes make it seem a lower-level activity, more akin to the movements of an invertebrate or a machine. Experts in multiple domains have described what they do as sometimes “automatic.” Expert gamers describe themselves as “playing with” automaticity (Taylor and Elam 2018). Expert musicians are said to balance (...)
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  42.  85
    Cultural Pluralism and Epistemic Injustice.Göran Collste - 2019 - Journal of Nationalism, Memory and Language Politics 13 (2):1-12.
    For liberalism, values such as respect, reciprocity, and tolerance should frame cultural encounters in multicultural societies. However, it is easy to disregard that power differences and political domination also influence the cultural sphere and the relations between cultural groups. In this essay, I focus on some challenges for cultural pluralism. In relation to Indian political theorist Rajeev Bhargava, I discuss the meaning of cultural domination and epistemic injustice and their historical and moral implications. Bhargava argued that as a consequence (...)
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  43.  65
    Disagreement About Logic From a Pluralist Perspective.Erik Stei - forthcoming - Philosophical Studies:1-22.
    Logical pluralism is commonly described as the view that there is more than one correct logic. It has been claimed that, in order for that view to be interesting, there has to be at least a potential for rivalry between the correct logics. This paper offers a detailed assessment of this suggestion. I argue that an interesting version of logical pluralism is hard, if not impossible, to achieve. I first outline an intuitive understanding of the notions of rivalry (...)
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  44.  95
    Hobbes’s Third Jurisprudence: Legal Pragmatism and the Dualist Menace.Benjamin L. S. Nelson - 2020 - Canadian Journal of Law and Jurisprudence 33 (1).
    This paper explores the possibility that Hobbesian jurisprudence is best understood as a ‘third way’ in legal theory, irreducible to classical natural law or legal positivism. I sketch two potential ‘third theories’ of law -- legal pragmatism and legal dualism -- and argue that, when considered in its broadest sense, Leviathan is best viewed as an example of legal pragmatism. I consider whether this legal pragmatist interpretation can be sustained in the examination of Leviathan’s (...)
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  45. How Much of Commonsense and Legal Reasoning is Formalizable? A Review of Conceptual Obstacles.James Franklin - 2012 - Law, Probability and Risk 11:225-245.
    Fifty years of effort in artificial intelligence (AI) and the formalization of legal reasoning have produced both successes and failures. Considerable success in organizing and displaying evidence and its interrelationships has been accompanied by failure to achieve the original ambition of AI as applied to law: fully automated legal decision-making. The obstacles to formalizing legal reasoning have proved to be the same ones that make the formalization of commonsense reasoning so difficult, and are most evident where (...) reasoning has to meld with the vast web of ordinary human knowledge of the world. Underlying many of the problems is the mismatch between the discreteness of symbol manipulation and the continuous nature of imprecise natural language, of degrees of similarity and analogy, and of probabilities. (shrink)
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  46. Putting Pluralism in its Place.Jamin Asay - 2016 - Philosophy and Phenomenological Research:175-191.
    Pluralism about truth is the view that there are many properties, not just one, in virtue of which things are true. Pluralists hope to dodge the objections that face traditional monistic substantive views of truth, as well as those facing deflationary theories of truth. More specifically, pluralists hope to advance an explanatorily potent understanding of truth that can capture the subtleties of various realist and anti-realist domains of discourse, all while avoiding the scope problem. I offer a new objection (...)
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  47. Value Pluralism and Consistency Maximisation in the Writings of Aldo Leopold: Moving Beyond Callicott's Interpretations of the Land Ethic.Ben Dixon - 2017 - Environmental Values 26 (3):269-295.
    The 70th anniversary of Aldo Leopold’s A Sand County Almanac (1949) approaches. For philosophers—environmental ethicists in particular—this text has been highly influential, especially the ‘Land Ethic’ essay contained therein. Given philosophers’ acumen for identifying and critiquing arguments, one might reasonably think a firm grasp of Leopold’s ideas to have emerged from such attention. I argue that this is not the case. Specifically, Leopold’s main interpreter and systematiser, philosopher J. Baird Callicott, has shoehorned Aldo Leopold’s ideas into differing monistic moral theories (...)
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  48. Kant's Legal Metaphor and the Nature of a Deduction.Ian Proops - 2003 - Journal of the History of Philosophy 41 (2):209-229.
    This essay partly builds on and partly criticizes a striking idea of Dieter Henrich. Henrich argues that Kant's distinction in the first Critique between the question of fact (quid facti) and the question of law (quid juris) provides clues to the argumentative structure of a philosophical "Deduction". Henrich suggests that the unity of apperception plays a role analogous to a legal factum. By contrast, I argue, first, that the question of fact in the first Critique is settled by the (...)
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  49. Value Pluralism.Ruth Chang - 2015 - In James Wright (ed.), International Encyclopedia of the Social and Behavioral Sciences (Second Edition). Elsevier. pp. 21-26.
    ‘Value pluralism’ as traditionally understood is the metaphysical thesis that there are many values that cannot be ‘reduced’ to a single supervalue. While it is widely assumed that value pluralism is true, the case for value pluralism depends on resolution of a neglected question in value theory: how are values properly individuated? Value pluralism has been thought to be important in two main ways. If values are plural, any theory that relies on value monism, for example, (...)
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  50. What is the Incoherence Objection to Legal Entrapment?Daniel Hill, Stephen K. McLeod & Attila Tanyi - manuscript
    Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise and more rigorous than its predecessors. We argue that the best form of the (...)
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