Results for 'Lucinda Martin'

968 found
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  1. Mistake of Law and Sexual Assault: Consent and Mens rea.Lucinda Vandervort - 1987-1988 - Canadian Journal of Women and the Law 2 (2):233-309.
    In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather (...)
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  2. Enforcing the Sexual Laws: An Agenda for Action.Lucinda Vandervort - 1985 - Resources for Feminist Research 3 (4):44-45.
    Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length (...)
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  3. Honest Beliefs, Credible Lies, and Culpable Awareness: Rhetoric, Inequality, and Mens Rea in Sexual Assault.Lucinda Vandervort - 2004 - Osgoode Hall Law Journal 42 (4):625-660.
    The exculpatory rhetorical power of the term “honest belief” continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a “belief” in consent was or was not reckless or wilfully blind. An accused's “honest belief” routinely begs this question, leading to a truncated analysis of criminal (...)
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  4. Social justice in the modern regulatory state: Duress, necessity and the consensual model in law.Lucinda Vandervort - 1987 - Law and Philosophy 6 (2):205 - 225.
    This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is a collective societal (...)
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  5. 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 laws are (...)
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  6. The Defence of Belief in Consent: Guidelines and Jury Instructions for Application of Criminal Code Section 265(4).Lucinda Vandervort - 2005 - Criminal Law Quarterly 50 (4):441-452.
    The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...)
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  7. The Phenomenology of Adolf Reinach: Chapters in the Theory of Knowledge and Legal Philosophy.Lucinda Ann Vandervort Brettler - 1973 - Dissertation, Mcgill University (Canada)
    This dissertation engages in a critical analysis of the work of Adolf Reinach in the theory of knowledge and legal philosophy. Reinach had trained as a lawyer and brought that perspective and experience to bear in his phenomenological work on problems in evidence and legal philosophy. His contributions to phenomenology in the early 20th century provide a window into the earliest phases of the development of the phenomenological movement, prior to World War I. This dissertation locates this work in the (...)
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  8. Consent and the Criminal Law.Lucinda Vandervort - 1990 - Osgoode Hall Law Journal 28 (2):485-500.
    The author examines two proposals to expand legal recognition of individual control over physical integrity. Protections for individual autonomy are discussed in relation to the right to die, euthanasia, medical treatment, and consensual and assaultive sexual behaviours. The author argues that at present, the legal doctrine of consent protects only those individual preferences which are seen to be congruent with dominant societal values; social preferences and convenience override all other individual choices. Under these conditions, more freedom to waive rights of (...)
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  9. Flaming Misogyny or Blindly Zealous Enforcement? The Bizarre Case of R v George.Lucinda Vandervort - 2019 - Manitoba Law Journal 42 (3):1-38.
    This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...)
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  10. Access to Justice and the Public Interest in the Administration of Justice.Lucinda Vandervort - 2012 - University of New Brunswick Law Journal 63:124-144.
    The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific changes (...)
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  11. Sexual Consent as Voluntary Agreement: Tales of “Seduction” or Questions of Law?Lucinda Vandervort - 2013 - New Criminal Law Review 16 (1):143-201.
    This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific (...)
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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.), Chapter 6, SEXUAL ASSAULT IN CANADA: LAW, LEGAL PRACTICE & WOMEN'S ACTIVISM, pp. 113-153. 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 the (...)
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  13. Political Control of Independent Administrative Agencies.Lucinda Vandervort - 1979 - Ottawa, ON, Canada: Law Reform Commission of Canada, 190 pages.
    This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and extensive (...)
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  14. The Prejudicial Effects of 'Reasonable Steps' in Analysis of Mens Rea and Sexual Consent: Two Solutions.Lucinda Vandervort - 2018 - Alberta Law Review 55 (4):933-970.
    This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether (...)
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  15. Sexual Assault: Availability of the Defence of Belief in Consent.Lucinda Vandervort - 2005 - Canadian Bar Review 84 (1):89-105.
    Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations.
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  16. Reproductive choice: Screening Policy and Access to the Means of Reproduction.Lucinda Vandervort - 2006 - Human Rights Quarterly 28 (2):438-464.
    The practice of screening potential users of reproductive services is of profound social and political significance. Access screening is inconsistent with the principles of equality and self-determination, and violates individual and group human rights. Communities that strive to function in accord with those principles should not permit access screening, even screening that purports to be a benign exercise of professional discretion. Because reproductive choice is controversial, regulation by law may be required in most jurisdictions to provide effective protection for reproductive (...)
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  17. Decision theory and de minimis risk.Martin Smith - 2024 - Erkenntnis 89 (6):2169-2192.
    A de minimis risk is defined as a risk that is so small that it may be legitimately ignored when making a decision. While ignoring small risks is common in our day-to-day decision making, attempts to introduce the notion of a de minimis risk into the framework of decision theory have run up against a series of well-known difficulties. In this paper, I will develop an enriched decision theoretic framework that is capable of overcoming two major obstacles to the modelling (...)
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  18. Standpoints: A Study of a Metaphysical Picture.Martin A. Lipman - 2023 - Journal of Philosophy 120 (3):117-138.
    There is a type of metaphysical picture that surfaces in a range of philosophical discussions, is of intrinsic interest, and yet remains ill-understood. According to this picture, the world contains a range of standpoints relative to which different facts obtain. Any true representation of the world cannot but adopt a particular standpoint. The aim of this paper is to propose a regimentation of a metaphysics that underwrites this picture. Key components are a factive notion of metaphysical relativity, a deflationary notion (...)
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  19. Subjective Facts about Consciousness.Martin A. Lipman - 2023 - Ergo: An Open Access Journal of Philosophy 10:530-553.
    The starting point of this paper is the thought that the phenomenal appearances that accompany mental states are somehow only there, or only real, from the standpoint of the subject of those mental states. The world differs across subjects in terms of which appearances obtain. Not only are subjects standpoints across which the world varies, subjects are standpoints that we can ‘adopt’ in our own theorizing about the world (or stand back from). The picture that is suggested by these claims (...)
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  20. Implied Consent and Sexual Assault: Intimate Relationships, Autonomy, and Voice by Michael Plaxton. [REVIEW]Lucinda Vandervort - 2016 - Canadian Journal of Women and the Law 28:697-702.
    This is a review and critical commentary on Michael Plaxton's 2015 book, Implied Consent and Sexual Assault, in which he proposes that the legal definition of sexual consent be amended to permit sexual partners to define the terms and conditions of sexual consent in accordance with private "normative commitments" between themselves. The proposed "reform" is intended to permit an individual to agree to be a party to sexual activity that would otherwise constitute sexual assault under Canadian law. For reasons explained (...)
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  21. Between Probability and Certainty: What Justifies Belief.Martin Smith - 2016 - Oxford, GB: Oxford University Press UK.
    This book explores a question central to philosophy--namely, what does it take for a belief to be justified or rational? According to a widespread view, whether one has justification for believing a proposition is determined by how probable that proposition is, given one's evidence. In this book this view is rejected and replaced with another: in order for one to have justification for believing a proposition, one's evidence must normically support it--roughly, one's evidence must make the falsity of that proposition (...)
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  22. When Does Evidence Suffice for Conviction?Martin Smith - 2018 - Mind 127 (508):1193-1218.
    There is something puzzling about statistical evidence. One place this manifests is in the law, where courts are reluctant to base affirmative verdicts on evidence that is purely statistical, in spite of the fact that it is perfectly capable of meeting the standards of proof enshrined in legal doctrine. After surveying some proposed explanations for this, I shall outline a new approach – one that makes use of a notion of normalcy that is distinct from the idea of statistical frequency. (...)
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  23. Wittgenstein on Mathematics and Certainties.Martin Kusch - 2016 - International Journal for the Study of Skepticism 6 (2-3):120-142.
    _ Source: _Volume 6, Issue 2-3, pp 120 - 142 This paper aims to contribute to the debate over epistemic versus non-epistemic readings of the ‘hinges’ in Wittgenstein’s _On Certainty_. I follow Marie McGinn’s and Daniele Moyal-Sharrock’s lead in developing an analogy between mathematical sentences and certainties, and using the former as a model for the latter. However, I disagree with McGinn’s and Moyal-Sharrock’s interpretations concerning Wittgenstein’s views of both relata. I argue that mathematical sentences as well as certainties are (...)
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  24. Dynamic Montague grammar.Martin Stokhof - 1990 - In L. Kalman (ed.), Proceedings of the Second Symposion on Logic and Language, Budapest, Eotvos Lorand University Press, 1990, pp. 3-48. Budapest: Eotvos Lorand University Press. pp. 3-48.
    In Groenendijk & Stokhof [1989] a system of dynamic predicate logic (DPL) was developed, as a compositional alternative for classical discourse representation theory (DRT ). DPL shares with DRT the restriction of being a first-order system. In the present paper, we are mainly concerned with overcoming this limitation. We shall define a dynamic semantics for a typed language with λ-abstraction which is compatible with the semantics DPL specifies for the language of first-order predicate logic. We shall propose to use this (...)
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  25. More on Normic Support and the Criminal Standard of Proof.Martin Smith - 2021 - Mind 130 (519):943-960.
    In this paper I respond to Marcello Di Bello’s criticisms of the ‘normic account’ of the criminal standard of proof. In so doing, I further elaborate on what the normic account predicts about certain significant legal categories of evidence, including DNA and fingerprint evidence and eyewitness identifications.
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  26. What Else Justification Could Be1.Martin Smith - 2010 - Noûs 44 (1):10-31.
    According to a captivating picture, epistemic justification is essentially a matter of epistemic or evidential likelihood. While certain problems for this view are well known, it is motivated by a very natural thought—if justification can fall short of epistemic certainty, then what else could it possibly be? In this paper I shall develop an alternative way of thinking about epistemic justification. On this conception, the difference between justification and likelihood turns out to be akin to the more widely recognised difference (...)
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  27. What Do We Know About Online Romance Fraud Studies? A Systematic Review of the Empirical Literature (2000 to 2021).Suleman Lazarus, Jack Whittaker, Michael McGuire & Lucinda Platt - 2023 - Journal of Economic Criminology 1 (1).
    We aimed to identify the critical insights from empirical peer-reviewed studies on online romance fraud published between 2000 and 2021 through a systematic literature review using the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) protocol. The corpus of studies that met our inclusion criteria comprised twenty-six studies employing qualitative (n = 13), quantitative (n = 11), and mixed (n = 2) methods. Most studies focused on victims, with eight focusing on offenders and fewer investigating public perspectives. All the (...)
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  28. The Function of Wertfűhlen in Scheler's Theory of Value.Lucinda Ann Vandervort Brettler - 1970 - Dissertation, Mcgill University
    This thesis (110 pages) was submitted in March 1970 in partial fulfillment of the requirements for the degree of Master of Arts. The work was supervised by Professor Raymond Klibansky, McGill University.
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  29.  98
    Superación de la metafísica de Martin Heidegger / traducción de Jaime Sologuren.Martin Heidegger & Jaime Sologuren - 2020 - Revista de Filosofía.
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  30. Transmission Failure Explained.Martin Smith - 2009 - Philosophy and Phenomenological Research 79 (1):164-189.
    In this paper I draw attention to a peculiar epistemic feature exhibited by certain deductively valid inferences. Certain deductively valid inferences are unable to enhance the reliability of one's belief that the conclusion is true—in a sense that will be fully explained. As I shall show, this feature is demonstrably present in certain philosophically significant inferences—such as GE Moore's notorious 'proof' of the existence of the external world. I suggest that this peculiar epistemic feature might be correlated with the much (...)
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  31. Essentialist Explanation.Martin Glazier - 2017 - Philosophical Studies 174 (11):2871-2889.
    Recent years have seen an explosion of interest in metaphysical explanation, and philosophers have fixed on the notion of ground as the conceptual tool with which such explanation should be investigated. I will argue that this focus on ground is myopic and that some metaphysical explanations that involve the essences of things cannot be understood in terms of ground. Such ‘essentialist’ explanation is of interest, not only for its ubiquity in philosophy, but for its being in a sense an ultimate (...)
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  32. The genealogical method in epistemology.Martin Kusch & Robin McKenna - 2020 - Synthese 197 (3):1057-1076.
    In 1990 Edward Craig published a book called Knowledge and the State of Nature in which he introduced and defended a genealogical approach to epistemology. In recent years Craig’s book has attracted a lot of attention, and his distinctive approach has been put to a wide range of uses including anti-realist metaepistemology, contextualism, relativism, anti-luck virtue epistemology, epistemic injustice, value of knowledge, pragmatism and virtue epistemology. While the number of objections to Craig’s approach has accumulated, there has been no sustained (...)
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  33. The Hardest Paradox for Closure.Martin Smith - 2022 - Erkenntnis 87 (4):2003-2028.
    According to the principle of Conjunction Closure, if one has justification for believing each of a set of propositions, one has justification for believing their conjunction. The lottery and preface paradoxes can both be seen as posing challenges for Closure, but leave open familiar strategies for preserving the principle. While this is all relatively well-trodden ground, a new Closure-challenging paradox has recently emerged, in two somewhat different forms, due to Backes :3773–3787, 2019a) and Praolini :715–726, 2019). This paradox synthesises elements (...)
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  34. Rationalism and Necessitarianism.Martin Lin - 2012 - Noûs 46 (3):418-448.
    Metaphysical rationalism, the doctrine which affirms the Principle of Sufficient Reason (the PSR), is out of favor today. The best argument against it is that it appears to lead to necessitarianism, the claim that all truths are necessarily true. Whatever the intuitive appeal of the PSR, the intuitive appeal of the claim that things could have been otherwise is greater. This problem did not go unnoticed by the great metaphysical rationalists Spinoza and Leibniz. Spinoza’s response was to embrace necessitarianism. Leibniz’s (...)
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  35. ‘I just want to be left alone’: Professional athletes, dramaturgical demands and perpetual performance-readiness.Martin Roderick & Jacquelyn Allen Collinson - 2020 - Sociology of Sport Journal 37 (2):108-116.
    By Martin Roderick & Jacquelyn Allen-Collinson -/- To date, no sociological studies of professional athletes have investigated the lived experiences of sportspeople in highly publicly-visible occupations that provide relatively few opportunities for back-stage relaxation from role demands. Drawing on findings from a British Academy-funded project examining high-profile sports workers, and employing Goffman’s dramaturgical insights, this article provides a novel examination of high-profile athletes who work in highly publicly visible contexts. This working context can render them ‘open’ persons in interactional (...)
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  36. The logic of epistemic justification.Martin Smith - 2018 - Synthese 195 (9):3857-3875.
    Theories of epistemic justification are commonly assessed by exploring their predictions about particular hypothetical cases – predictions as to whether justification is present or absent in this or that case. With a few exceptions, it is much less common for theories of epistemic justification to be assessed by exploring their predictions about logical principles. The exceptions are a handful of ‘closure’ principles, which have received a lot of attention, and which certain theories of justification are well known to invalidate. But (...)
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  37. A branch of human natural history.Martin Kusch - 2015 - In Huber Oliver Schlaudt and Lara (ed.), Standardization in Measurement. Pickering & Chatto. pp. 11-24.
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  38. Full Blooded Entitlement.Martin Smith - 2020 - In Peter Graham & Nikolaj Jang Lee Linding Pedersen (eds.), Epistemic Entitlement. Oxford, UK: Oxford University Press.
    Entitlement is defined as a sort of epistemic justification that one can possess by default – a sort of epistemic justification that does not need to be earned or acquired. Epistemologists who accept the existence of entitlement generally have a certain anti-sceptical role in mind for it – entitlement is intended to help us resist what would otherwise be compelling radical sceptical arguments. But this role leaves various details unspecified and, thus, leaves scope for a number of different potential conceptions (...)
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  39. The Practice-Based Approach to the Philosophy of Logic.Ben Martin - forthcoming - In Oxford Handbook for the Philosophy of Logic. Oxford University Press.
    Philosophers of logic are particularly interested in understanding the aims, epistemology, and methodology of logic. This raises the question of how the philosophy of logic should go about these enquires. According to the practice-based approach, the most reliable method we have to investigate the methodology and epistemology of a research field is by considering in detail the activities of its practitioners. This holds just as true for logic as it does for the recognised empirical and abstract sciences. If we wish (...)
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  40. Wittgenstein’s On Certainty and Relativism.Martin Kusch - 2016 - In Harald A. Wiltsche & Sonja Rinofner-Kreidl (eds.), Analytic and Continental Philosophy: Methods and Perspectives. Proceedings of the 37th International Wittgenstein Symposium. Boston: De Gruyter. pp. 29-46.
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  41. Efficient Causation in Spinoza and Leibniz.Martin Lin - 2014 - In Tad M. Schmaltz (ed.), Efficient Causation: A History. , US: Oup Usa. pp. 165-191.
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  42. Disagreement, Certainties, Relativism.Martin Kusch - 2018 - Topoi 40 (5):1097-1105.
    This paper seeks to widen the dialogue between the “epistemology of peer disagreement” and the epistemology informed by Wittgenstein’s last notebooks, later edited as On Certainty. The paper defends the following theses: not all certainties are groundless; many of them are beliefs; and they do not have a common essence. An epistemic peer need not share all of my certainties. Which response to a disagreement over a certainty is called for, depends on the type of certainty in question. Sometimes a (...)
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  43. 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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  44. Against legal probabilism.Martin Smith - 2021 - In Jon Robson & Zachary Hoskins (eds.), The Social Epistemology of Legal Trials. Routledge.
    Is it right to convict a person of a crime on the basis of purely statistical evidence? Many who have considered this question agree that it is not, posing a direct challenge to legal probabilism – the claim that the criminal standard of proof should be understood in terms of a high probability threshold. Some defenders of legal probabilism have, however, held their ground: Schoeman (1987) argues that there are no clear epistemic or moral problems with convictions based on purely (...)
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  45. Personal Beauty and Personal Agency.Madeline Martin-Seaver - 2023 - Philosophy Compass 18 (12):e12953.
    We make choices about our own appearance and evaluate others' choices – every day. These choices are meaningful for us as individuals and as members of communities. But many features of personal appearance are due to luck, and many cultural beauty standards make some groups and individuals worse off (this is called “lookism”). So, how are we to square these two facets of personal appearance? And how are we to evaluate agency in the context of personal beauty? I identify three (...)
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  46. Laws and the Completeness of the Fundamental.Martin Glazier - 2016 - In Mark Jago (ed.), Reality Making. Oxford, United Kingdom: Oxford University Press UK. pp. 11-37.
    Any explanation of one fact in terms of another will appeal to some sort of connection between the two. In a causal explanation, the connection might be a causal mechanism or law. But not all explanations are causal, and neither are all explanatory connections. For example, in explaining the fact that a given barn is red in terms of the fact that it is crimson, we might appeal to a non-causal connection between things’ being crimson and their being red. Many (...)
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  47. Scientific pluralism and the Chemical Revolution.Martin Kusch - 2015 - Studies in History and Philosophy of Science Part A 49:69-79.
    In a number of papers and in his recent book, Is Water H₂O? Evidence, Realism, Pluralism (2012), Hasok Chang has argued that the correct interpretation of the Chemical Revolution provides a strong case for the view that progress in science is served by maintaining several incommensurable “systems of practice” in the same discipline, and concerning the same region of nature. This paper is a critical discussion of Chang's reading of the Chemical Revolution. It seeks to establish, first, that Chang's assessment (...)
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  48. Four arguments for denying that lottery beliefs are justified.Martin Smith - 2021 - In Douven, I. ed. Lotteries, Knowledge and Rational Belief: Essays on the Lottery Paradox (Cambridge: Cambridge University Press).
    A ‘lottery belief’ is a belief that a particular ticket has lost a large, fair lottery, based on nothing more than the odds against it winning. The lottery paradox brings out a tension between the idea that lottery beliefs are justified and the idea that that one can always justifiably believe the deductive consequences of things that one justifiably believes – what is sometimes called the principle of closure. Many philosophers have treated the lottery paradox as an argument against the (...)
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  49. The gift of silence : towards an anthropology of jazz improvisation as neuroresistance.Martin E. Rosenberg - 2021 - In Alice Koubová & Petr Urban (eds.), Play and Democracy: Philosophical Perspectives. New York, NY: Routledge.
    Martin E. Rosenberg -/- The Gift of Silence: Towards an Anthropology of Jazz Improvisation as Neuro-Resistance. -/- ABSTRACT: -/- This essay addresses how the complex processes that occur during jazz improvisation enact behaviors that resemble the logic of gift exchange first described by Marcel Mauss. It is possible to bring to bear structural, sociological, political economical, deconstructive or even ethical approaches to what constitutes gift exchange during the performance of jazz. Yet, I would like to shift from focusing this (...)
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  50. Ceteris Paribus Conditionals and Comparative Normalcy.Martin Smith - 2006 - Journal of Philosophical Logic 36 (1):97-121.
    Our understanding of subjunctive conditionals has been greatly enhanced through the use of possible world semantics and, more precisely, by the idea that they involve variably strict quantification over possible worlds. I propose to extend this treatment to ceteris paribus conditionals – that is, conditionals that incorporate a ceteris paribus or ‘other things being equal’ clause. Although such conditionals are commonly invoked in scientific theorising, they traditionally arouse suspicion and apprehensiveness amongst philosophers. By treating ceteris paribus conditionals as a species (...)
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