Results for 'Legal Realism'

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  1.  26
    RECONSTRUCTING AMERICAN LEGAL REALISM LOGICALLY.Etim Cyril Asuquo - 2017 - Ifiok: Journal of Interdisciplinary Studies 3 (1):96-119.
    We are concerned in this paper to establish the rationality of American legal realism by adopting a theory of reconstruction. American realism is plagued with dichotomies in relating theory and practice; and the need to broach these dichotomies involves transcendence of experience and transference of consciousness. In doing this, we have both to excavate and to justify its philosophy, logic and science. American legal realism has its root in the philosophy of pragmatism and a logic (...)
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  2. Mishpat Ivri, Halakhah and Legal Philosophy: Agunah and the Theory of “Legal Sources".Bernard S. Jackson - 2001 - JSiJ.
    In this paper, I ask whether mishpat ivri (Jewish Law) is appropriately conceived as a “legal system”. I review Menachem Elon’s use of a “Sources” Theory of Law (based on Salmond) in his account of Mishpat Ivri; the status of religious law from the viewpoint of jurisprudence itself (Bentham, Austin and Kelsen); then the use of sources (and the approach to “dogmatic error”) by halakhic authorities in discussing the problems of the agunah (“chained wife”), which I suggest points to (...)
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  3. Realism and the Censure Theory of Punishment.Thaddeus Metz - 2002 - In Patricia Smith & Paolo Comanducci (eds.), Legal Philosophy: General Aspects. Franz Steiner Verlag. pp. 117-29.
    I focus on the metaphysical underpinnings of the censure theory of punishment, according to which punishment is justified if and because it expresses disapproval of injustice. Specifically, I seek to answer the question of what makes claims about proportionate censure true or false. In virtue of what is it the case that one form of censure is stronger than another, or that punishment is the censure fitting injustice? Are these propositions true merely because of social conventions, as per the dominant (...)
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  4.  1
    Capitalist Realism And The End Of Democracy.Irfan Ajvazi - 2022 - Critique and Dialectics 2:10.
    As civil liberties are shredded and powerful corporate and political force engage in a range of legal illegalities, the state itself becomes a model for corruption and violence. Violence has become not only the foundation of corporate sovereignty, it has also become the ideological scaffolding of common sense. Under casino capitalism, the state has become the enemy of justice and offers a prototype for types of misguided rebellion that mimic the lawlessness enshrined by corporate sovereignty and the repressive state (...)
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  5. Structural Realism and Jurisprudence.Kevin Lee - 2017 - Legal Issues Journal 5 (2).
    Some Anglophone legal theorists look to analytic philosophy for core presuppositions. For example, the epistemological theories of Ludwig Wittgenstein and Willard Quine shape the theories of Dennis Patterson and Brian Leiter, respectively. These epistemologies are anti-foundational since they reject the kind of certain grounding that is exemplified in Cartesian philosophy. And, they are coherentist in that they seek to legitimate truth-claims by reference to entire linguistic systems. While these theories are insightful, the current context of information and communication technologies (...)
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  6. Realism and Antirealism.Randall Harp & Kareem Khalifa - 2016 - In A. Rosenberg & L. McIntyre (eds.), Routledge Companion to Philosophy of Social Science. London, UK: Routledge. pp. 254-269.
    Our best social scientific theories try to tell us something about the social world. But is talk of a “social world” a metaphor that we ought not take too seriously? In particular, do the denizens of the social world—cultural values like the Protestant work ethic, firms like ExxonMobil, norms like standards of dress and behavior, institutions like the legal system, teams like FC Barcelona, conventions like marriages—exist? The question is not merely academic. Social scientists use these different social entities (...)
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  7.  78
    Truth in Legal Norms.Boyan Bahanov - 2020 - Philosophy 29 (4):394-402.
    The text examines the status of the truth in the legal norms, trying to answer the questions of whether they can be subject to a truth assessment and, if such an assessment is possible, how a truth value can be attributed to legal norms. To achieve this goal, first of all, the text discusses some basic linguistic conceptions concerning the nature and truth of legal norms and subsequently, a a complex approach is being proposed for attributing truth-value (...)
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  8. Fictionalising Jurisprudence: An Introduction to Strong Legal Fictionalism.David Gawthorne - 2013 - Australian Journal of Legal Philosophy 38:52-73.
    The proposed theoretical motivation for legal fictionalism begins by focusing upon the seemingly supernatural powers of creation and control that mere mortals exercise over legal things, as a subclass of socially constructed things. This focus brings to the fore a dilemma of uncharitableness concerning the ontological commitments expressed in the discourse of whole societies about such things. Either, there is widespread equivocation as to the fundamental concept expressed by terms such as ‘existence’ or our claims about legal (...)
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  9. MORAL STRUCTURE OF LEGAL OBLIGATION.Kuczynski John-Michael - 2006 - Dissertation, University of California, Santa Barbara
    What are laws, and do they necessarily have any basis in morality? The present work argues that laws are governmental assurances of protections of rights and that concepts of law and legal obligation must therefore be understood in moral terms. There are, of course, many immoral laws. But once certain basic truths are taken into account – in particular, that moral principles have a “dimension of weight”, to use an expression of Ronald Dworkin’s, and also that principled relations are (...)
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  10. Realism and Jurisprudence a Contemporary Assessment, A Book Review of Brian Z. Tamanaha's A Realistic Theory of Law. [REVIEW]Kevin Lee - forthcoming - Golden Gate University Law Review.
    Brian Z. Tamanaha has written extensively on realism in jurisprudence, but in his Realistic Theory of Law (2018), he uses "realism" in a commonplace way to ground a rough outline of legal history. While he refers to his method as genealogical, he does not acknowledge the complex tensions in the development of the philosophical use of that term from Nietzsche to Foucault, and the complex epistemological issues that separate them. While the book makes many interesting points, the (...)
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  11. The EU's Democratic Deficit in a Realist Key: Multilateral Governance, Popular Sovereignty, and Critical Responsiveness.Jan Pieter Beetz & Enzo Rossi - forthcoming - Transnational Legal Theory.
    This paper provides a realist analysis of the EU's legitimacy. We propose a modification of Bernard Williams' theory of legitimacy, which we term critical responsiveness. For Williams, 'Basic Legitimation Demand + Modernity = Liberalism'. Drawing on that model, we make three claims. (i) The right side of the equation is insufficiently sensitive to popular sovereignty; (ii) The left side of the equation is best thought of as a 'legitimation story': a non-moralised normative account of how to shore up belief in (...)
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  12. Machiavelli’s Realist Image of Humanity and His Justification of the State.Manuel Knoll - 2018 - Filozofija I Društvo 29 (2):182-201.
    This article examines Machiavelli’s image of humanity. It argues against the prevailing views that characterize it either as pessimistic or optimistic and defends the thesis that the Florentine has a realist image of humanity. Machiavelli is a psychological egoist who conceives of man as a being whose actions are motivated by his drives, appetites, and passions, which lead him often to immoral behavior. Man’s main drives are “ambition” (ambizione) and “avarice” (avarizia). This article also investigates Machiavelli’s concept of nature and (...)
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  13. Metasemantics, Moral Realism and Moral Doctrines.Christine Tiefensee - forthcoming - In Visa A. J. Kurki & Mark Mcbride (eds.), Without Trimmings: The Legal, Moral, and Political Philosophy of Matthew Kramer. Oxford, Vereinigtes Königreich:
    In this paper, I consider the relationship between Matthew Kramer’s moral realism as a moral doctrine and expressivism, understood as a distinctly non-representationalist metasemantic theory of moral vocabulary. More precisely, I will argue that Kramer is right in stating that moral realism as a moral doctrine does not stand in conflict with expressivism. But I will also go further, by submitting that advocates of moral realism as a moral doctrine must adopt theories such as expressivism in some (...)
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  14.  76
    El pensamiento analógico en el lenguaje jurídico.Jaime Nubiola - 2017 - Anthropos. Cuadernos de Cultura Crítica y Conocimiento, 249:59-74.
    La propuesta metodológica de la «Analytical Jurisprudence» o escuela analítica del Derecho encabezada por H. L. A. Hart (1907-1992) abrió un nuevo espacio de reflexión en el ámbito jurídico anglosajón al emplear el análisis del significado de las palabras como medio para dilucidar la estructura del pensamiento jurídico. Hart, miembro del grupo de Oxford, aplicó una nueva sensibilidad por las distinciones lógicas y lingüísticas a la filosofía del derecho (PANNAM, 2008) y aportó a la discusión de los teóricos del derecho (...)
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  15. Kuznetsov V. From studying theoretical physics to philosophical modeling scientific theories: Under influence of Pavel Kopnin and his school.Volodymyr Kuznetsov - 2017 - ФІЛОСОФСЬКІ ДІАЛОГИ’2016 ІСТОРІЯ ТА СУЧАСНІСТЬ У НАУКОВИХ РОЗМИСЛАХ ІНСТИТУТУ ФІЛОСОФІЇ 11:62-92.
    The paper explicates the stages of the author’s philosophical evolution in the light of Kopnin’s ideas and heritage. Starting from Kopnin’s understanding of dialectical materialism, the author has stated that category transformations of physics has opened from conceptualization of immutability to mutability and then to interaction, evolvement and emergence. He has connected the problem of physical cognition universals with an elaboration of the specific system of tools and methods of identifying, individuating and distinguishing objects from a scientific theory domain. The (...)
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  16. Reparations for Recent Historical Injustices. The Case of Romanian Communism.Horaţiu Traian Crişan - 2016 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 3 (2):151-162.
    The debate concerning the legitimacy of awarding reparations for historical injustices focuses on the issue of finding a proper moral justification for granting reparations to the descendants of the victims of injustices which took place in the remote past. Regarding the case of Romanian communism as a more recent injustice, and analyzing the moral problems entailed by this historical lapse, within this paper I argue that overcoming such a legacy cannot be carried out, as in the case of historical injustices (...)
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  17. Morality, Politics, and Law.John-Michael Kuczynski - 2010 - Kendall Hunt Publishing.
    It is argued (a) that laws are assurances of protections of rights and (b) that governments are protectors of rights. Lest those assurances be empty and thus not really be assurances at all, laws must be enforced and governments must therefore have the power to coerce. For this reason, the government of a given region tends to have, as Max Weber put it, a "monopoly on power" in that region. And because governments are power-monopolizers, it is tempting to think that (...)
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  18. La Hiérarchie des Normes. Une Critique Sur Un Fondement Empiriste.Eric Millard - 2013 - Revus 21:163-199.
    Ce texte vise à proposer quelques arguments pour une critique empiriste de la hiérarchie des normes, c'est-à-dire pour les besoins d'une science du droit descriptive et explicative. La hiérarchie des normes est à la fois objet d’étude scientifique, et théorie construisant cet objet. Une approche empiriste nécessite la formalisation de quelques concepts et une justification minimale de la possibilité d'une science juridique empiriste : ce seront les objets des premiers points de ce texte. Il s'agira ensuite de proposer une formulation (...)
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  19. First Steps Towards an Ethics of Robots and Artificial Intelligence.John Tasioulas - 2019 - Journal of Practical Ethics 7 (1):61-95.
    This article offers an overview of the main first-order ethical questions raised by robots and Artificial Intelligence (RAIs) under five broad rubrics: functionality, inherent significance, rights and responsibilities, side-effects, and threats. The first letter of each rubric taken together conveniently generates the acronym FIRST. Special attention is given to the rubrics of functionality and inherent significance given the centrality of the former and the tendency to neglect the latter in virtue of its somewhat nebulous and contested character. In addition to (...)
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  20. Liberalism and the General Justifiability of Punishment.Nathan Hanna - 2009 - Philosophical Studies 145 (3):325-349.
    I argue that contemporary liberal theory cannot give a general justification for the institution or practice of punishment, i.e., a justification that would hold across a broad range of reasonably realistic conditions. I examine the general justifications offered by three prominent contemporary liberal theorists and show how their justifications fail in light of the possibility of an alternative to punishment. I argue that, because of their common commitments regarding the nature of justification, these theorists have decisive reasons to reject punishment (...)
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  21.  39
    From ‘Hard’ Neuro-Tools to ‘Soft’ Neuro-Toys? Refocussing the Neuro-Enhancement Debate.Jonna Brenninkmeijer & Hub Zwart - 2017 - Neuroethics 10 (3):337-348.
    Since the 1990’s, the debate concerning the ethical, legal and societal aspects of ‘neuro-enhancement’ has evolved into a massive discourse, both in the public realm and in the academic arena. This ethical debate, however, tends to repeat the same sets of arguments over and over again. Normative disagreements between transhumanists and bioconservatives on invasive or radical brain stimulators, and uncertainties regarding the use and effectivity of nootropic pharmaceuticals dominate the field. Building on the results of an extensive European project (...)
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  22. Appropriating Resources: Land Claims, Law, and Illicit Business.Edmund F. Byrne - 2012 - Journal of Business Ethics 106 (4):453-466.
    Business ethicists should examine ethical issues that impinge on the perimeters of their specialized studies (Byrne 2011 ). This article addresses one peripheral issue that cries out for such consideration: the international resource privilege (IRP). After explaining briefly what the IRP involves I argue that it is unethical and should not be supported in international law. My argument is based on others’ findings as to the consequences of current IRP transactions and of their ethically indefensible historical precedents. In particular I (...)
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  23. Two Victim Paradigms and the Problem of ‘Impure’ Victims.Diana Tietjens Meyers - 2011 - Humanity 2 (2):255-275.
    Philosophers have had surprisingly little to say about the concept of a victim although it is presupposed by the extensive philosophical literature on rights. Proceeding in four stages, I seek to remedy this deficiency and to offer an alternative to the two current paradigms that eliminates the Othering of victims. First, I analyze two victim paradigms that emerged in the late 20th century along with the initial iteration of the international human rights regime – the pathetic victim paradigm and the (...)
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  24. On the Fundamentals of Law and Public Policy.Kiyoung Kim - 2015 - SSRN.
    We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which (...)
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  25. Realism in Normative Political Theory.Enzo Rossi & Matt Sleat - 2014 - Philosophy Compass 9 (10):689-701.
    This paper provides a critical overview of the realist current in contemporary political philosophy. We define political realism on the basis of its attempt to give varying degrees of autonomy to politics as a sphere of human activity, in large part through its exploration of the sources of normativity appropriate for the political and so distinguish sharply between political realism and non-ideal theory. We then identify and discuss four key arguments advanced by political realists: from ideology, from the (...)
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  26. On the Art of Intercultural Dialogue. Some Forms, Conditions and Structures.Ulrich Diehl - 2005 - In P. N. Liechtenstein & Ch M. Gueye (eds.), Peace and Intercultural Dialogue. Universitätsverlag Winter.
    This essay begins with the claim that intercultural dialogue is an art rather than a science or technique and it attempts to point out what it takes to learn the art of intercultural dialogue. In PART ONE some basic forms of intercultural dialogue are presented which correlate to some basic forms of human life, such as family, politics, economy, science, art and religion. Also a few common traits about how intercultural dialogue is practised today are specified. PART TWO is pointing (...)
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  27. African Numbers Games and Gambler Motivation: 'Fahfee' in Contemporary South African.Stephen Louw - 2018 - African Affairs 117 (466):109-129.
    Since independence, at least 28 African countries have legalized some form of gambling. Yet a range of informal gambling activities have also flourished, often provoking widespread public concern about the negative social and economic impact of unregulated gambling on poor communities. This article addresses an illegal South African numbers game called fahfee. Drawing on interviews with players, operators, and regulatory officials, this article explores two aspects of this game. First, it explores the lives of both players and runners, as well (...)
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  28. Scientific Realism and the Rationality of Science.Howard Sankey - 2008 - Ashgate.
    Scientific realism is the position that the aim of science is to advance on truth and increase knowledge about observable and unobservable aspects of the mind-independent world which we inhabit. This book articulates and defends that position. In presenting a clear formulation and addressing the major arguments for scientific realism Sankey appeals to philosophers beyond the community of, typically Anglo-American, analytic philosophers of science to appreciate and understand the doctrine. The book emphasizes the epistemological aspects of scientific (...) and contains an original solution to the problem of induction that rests on an appeal to the principle of uniformity of nature. (shrink)
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  29. The Philosophy of Law. History and Modernity.Volodymyr Kuznetsov (ed.) - 2003 - Stylos.
    The manual represents the evolution of the concept of law from antiquity to the end of XX century. It also describes some important Anglo-American directions in the philosophy of law, which are important for developments of Ukrainian legal system (legal positivism, naturalism, realism, criticism, feminism, economical theory of law, postmodernism, etc. The main text is supplemented with excerpts from the writings on the philosophy of law, which are little known for Ukrainian readers. The audience of textbook is (...)
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  30. 'Democracy and Voting: A Response to Lisa Hill'.Annabelle Lever - 2010 - British Journal of Political Science 40:925-929.
    Lisa Hill’s response to my critique of compulsory voting, like similar responses in print or in discussion, remind me how much a child of the ‘70s I am, and how far my beliefs and intuitions about politics have been shaped by the electoral conflicts, social movements and violence of that period. -/- But my perceptions of politics have also been profoundly shaped by my teachers, and fellow graduate students, at MIT. Theda Skocpol famously urged political scientists to ‘bring the state (...)
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  31. Why the Late Justice Scalia Was Wrong: The Fallacies of Constitutional Textualism.Ken Levy - 2017 - Lewis and Clark Law Review 21 (1):45-96.
    My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is (...)
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  32. Soberania popular na crise do século XIV e o surgimento do conceito forte de soberania: Marsílio de Pádua, Guilherme de Ockham e Jean Bodin.Saulo de Matos - 2016 - RiHumSo Revista de Investigación Del Departamento de Humanidades y Ciencias Sociales 1 (10):94-119.
    This article analyzes the significance of the concepts “sovereignty” and “popular sovereignty” regarding the construction of modern law. Modern law isdefined in this study as a language of subjective rights (claim, liberty, power and immunity) and therefore has a nomological and authoritative character. The shift from low Middle-age to the beginning of Modernity seems to be the decisive period to understand the construction of modern law, due to the reception of Aristotle’s political writings and Roman law, aside from the rejection (...)
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  33. Political Realism as Ideology Critique.Janosch Prinz & Enzo Rossi - 2017 - Critical Review of International Social and Political Philosophy 20 (3):334-348.
    This paper outlines an account of political realism as a form of ideology critique. Our focus is a defence of the normative edge of this critical-theoretic project against the common charge that there is a problematic trade-off between a theory’s groundedness in facts about the political status quo and its ability to consistently envisage radical departures from the status quo. To overcome that problem we combine insights from three distant corners of the philosophical landscape: theories of legitimacy by Bernard (...)
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  34.  64
    The Myth of Retributive Justice.Brian Slattery - 1992 - In Wesley Cragg (ed.), Retributivism and Its Critics. Stuttgart, Germany: Franz Steiner Verlag. pp. 27-34.
    In fairy tales, villains usually come to a bad end, snared in a trap of their own making, or visited with a disaster nicely suited to their particular villainy. Read a story of this kind to children and you will be struck by the profound satisfaction with which this predictable of events is greeted. Yet, if children cheer when the villain is done in, they are just as satisfied when the hero manages to get the villain by the throat but (...)
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  35. The Hierarchical Model and H. L. A. Hart's Concept of Law.Massimo La Torre - 2013 - Revus 21:141-161.
    Law is traditionally related to the practice of command and hierarchy. It seems that a legal rule should immediately establish a relation between a superior and an inferior. This hierarchical and authoritharian view might however be challenged once the phenomenology of the rule is considered from the internal point of view, that is, from the stance of those that can be said to “use” rather than to “suffer” the rules themselves. A practice oriented approach could in this way open (...)
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  36. Moral Realism.Peter Railton - 1986 - Philosophical Review 95 (2):163-207.
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  37. Les Contraintes Juridiques de la Hiérarchie des Normes.Raphaël Paour - forthcoming - Revus 21:201-218.
    Existe-il une corrélation entre le pouvoir d’un organe et le rang hiérarchique de ses normes ? La théorie réaliste de l’interprétation pourrait sembler indiquer le contraire. En effet, si, comme elle l’enseigne, c’est l’interprète d’un énoncé qui en détermine la signification, les agents de l’administration qui mettent en œuvre les politiques publiques devraient exercer un pouvoir plus important que le législateur qui les élabore. L’auteur de l’article soutient toutefois qu’une semblable conclusion serait erronée car les organes qui produisent les énoncés (...)
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  38.  47
    Del filósofo-rey al imperio de la ley. Una evaluación de las aportaciones de Platón al rule of law.Jorge Crego - 2020 - Anuario de Filosofía Del Derecho 36:195-224.
    Plato’s idea of the second-best state is the first appearance of the rule of law. It is considered as a realistic alternative to the government of the Philosopher King, differ-ing formally from it on the employment of general rules. The aim of this paper is to elaborate an articulation of both proposals and to better understand that of the rule of law within Plato’s thought. The main differences between it and the modern theories of the rule of law will be (...)
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  39. Immoral Realism.Max Hayward - 2019 - Philosophical Studies 176 (4):897-914.
    Non-naturalist realists are committed to the belief, famously voiced by Parfit, that if there are no non-natural facts then nothing matters. But it is morally objectionable to conditionalise all our moral commitments on the question of whether there are non-natural facts. Non-natural facts are causally inefficacious, and so make no difference to the world of our experience. And to be a realist about such facts is to hold that they are mind-independent. It is compatible with our experiences that there are (...)
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  40. Realism About the Wave Function.Eddy Keming Chen - 2019 - Philosophy Compass 14 (7).
    A century after the discovery of quantum mechanics, the meaning of quantum mechanics still remains elusive. This is largely due to the puzzling nature of the wave function, the central object in quantum mechanics. If we are realists about quantum mechanics, how should we understand the wave function? What does it represent? What is its physical meaning? Answering these questions would improve our understanding of what it means to be a realist about quantum mechanics. In this survey article, I review (...)
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  41. 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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  42. Scientific Realism and the Plasticity of Mind.Adam Morton - 1982 - Philosophical Review 91 (2):299.
    I assess Churchland's views on folk psychology and conceptual thinking, with particular emphasis on the connection between these topics.
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  43. Scientific Realism in the Wild: An Empirical Study of Seven Sciences and History and Philosophy of Science.James R. Beebe & Finnur Dellsén - 2020 - Philosophy of Science 87 (2):336-364.
    We report the results of a study that investigated the views of researchers working in seven scientific disciplines and in history and philosophy of science in regard to four hypothesized dimensions of scientific realism. Among other things, we found that natural scientists tended to express more strongly realist views than social scientists, that history and philosophy of science scholars tended to express more antirealist views than natural scientists, that van Fraassen’s characterization of scientific realism failed to cluster with (...)
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  44. Naïve Realism in Kantian Phrase.Anil Gomes - 2017 - Mind 126 (502):529-578.
    Early twentieth-century philosophers of perception presented their naïve realist views of perceptual experience in anti-Kantian terms. For they took naïve realism about perceptual experience to be incompatible with Kant’s claims about the way the understanding is necessarily involved in perceptual consciousness. This essay seeks to situate a naïve realist account of visual experience within a recognisably Kantian framework by arguing that a naïve realist account of visual experience is compatible with the claim that the understanding is necessarily involved in (...)
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  45. Naïve Realism and Unconscious Perception: A Reply to Berger and Nanay.Alfonso Anaya & Sam Clarke - 2017 - Analysis 77 (2):267-273.
    In a recent paper, Berger and Nanay consider, and reject, three ways of addressing the phenomenon of unconscious perception within a naïve realist framework. Since these three approaches seem to exhaust the options open to naïve realists, and since there is said to be excellent evidence that perception of the same fundamental kind can occur, both consciously and unconsciously, this is seen to present a problem for the view. We take this opportunity to show that all three approaches considered remain (...)
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  46. Selective Realism Vs. Individual Realism for Scientific Creativity.Seungbae Park - 2017 - Creativity Studies 10 (1):97-107.
    Individual realism asserts that our best scientific theories are (approximately) true. In contrast, selective realism asserts that only the stable posits of our best scientific theories are true. Hence, individual realism recommends that we accept more of what our best scientific theories say about the world than selective realism does. The more scientists believe what their theories say about the world, the more they are motivated to exercise their imaginations and think up new theories and experiments. (...)
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  47.  82
    On the Unities of Law, Practical Reason, and Right: Foundations of the Unity of Reason Beyond the Plurality of Knowledge and of Normative Orders.André Ferreira Leite de Paula - 2019 - In André Ferreira Leite de Paula & Andrés Santacoloma Santacoloma (eds.), Law and Morals - ARSP 158/2019. pp. 15-115.
    The problem addressed in this article is the relationship between law and morality. It is asked (1) to what extent law and morality are connected and separated and (2) since when has it been so. To the extent that law and morality are distinct normative orders, it is asked (3) whether they rule exactly the same behaviors or whether each order rules dierent kinds of behaviors. If they rule at least some of the same behaviors, it is asked (4) whether (...)
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  48. Scientific Realism and the Pessimistic Meta-Modus Tollens.Timothy D. Lyons - 2002 - In Steve Clarke & Timothy D. Lyons (eds.), Recent Themes in the Philosophy of Science: Scientific Realism and Commonsense. Dordrecht: Springer. pp. 63-90.
    Broadly speaking, the contemporary scientific realist is concerned to justify belief in what we might call theoretical truth, which includes truth based on ampliative inference and truth about unobservables. Many, if not most, contemporary realists say scientific realism should be treated as ‘an overarching scientific hypothesis’ (Putnam 1978, p. 18). In its most basic form, the realist hypothesis states that theories enjoying general predictive success are true. This hypothesis becomes a hypothesis to be tested. To justify our belief in (...)
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  49. Realism Versus Surrealism.Seungbae Park - 2016 - Foundations of Science 21 (4):603-614.
    Realism and surrealism claim, respectively, that a scientific theory is successful because it is true, and because the world operates as if it is true. Lyons :891–901, 2003) criticizes realism and argues that surrealism is superior to realism. I reply that Lyons’s criticisms against realism fail. I also attempt to establish the following two claims: Realism and surrealism lead to a useful prescription and a useless prescription, respectively, on how to make an unsuccessful theory successful. (...)
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  50. Realism and the Epistemic Objectivity of Science.Howard Sankey - 2021 - Kriterion - Journal of Philosophy 35 (1):5-20.
    The paper presents a realist account of the epistemic objectivity of science. Epistemic objectivity is distinguished from ontological objectivity and the objectivity of truth. As background, T.S. Kuhn’s idea that scientific theory-choice is based on shared scientific values with a role for both objective and subjective factors is discussed. Kuhn’s values are epistemologically ungrounded, hence provide a minimal sense of objectivity. A robust account of epistemic objectivity on which methodological norms are reliable means of arriving at the truth is presented. (...)
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