Results for 'Majority deference'

947 found
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  1. When to defer to supermajority testimony — and when not.Christian List - 2014 - In Jennifer Lackey (ed.), Essays in Collective Epistemology. Oxford: Oxford University Press. pp. 240-249.
    Pettit (2006) argues that deferring to majority testimony is not generally rational: it may lead to inconsistent beliefs. He suggests that “another ... approach will do better”: deferring to supermajority testimony. But this approach may also lead to inconsistencies. In this paper, I describe conditions under which deference to supermajority testimony ensures consistency, and conditions under which it does not. I also introduce the concept of “consistency of degree k”, which is weaker than full consistency by ruling out (...)
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  2. Wittgensteinian Philosophy and the Culture of the Commentary.Barry Smith - 1990 - In Rudolf Haller & Johannes Brandl (eds.), Wittgenstein: Towards a Re-Evaluation, Volume 2. Hölder-Pichler-Tempsky. pp. 247-254.
    The object of the present paper is the philosophical commentary, a form of literature that once predominated in all major philosophical cultures from classical Greece to Renaissance Italy, but which has more recently fallen into comparative disuse. Commentaries on the writings of German thinkers such as Kant, Hegel, Marx and Heidegger have, certainly, kept the form alive to some extent in recent centuries; in the tradition of philosophy that was initiated by Descartes and Locke, however, and which constitutes the contemporary (...)
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  3. The Challenges of Thick Diversity, Polarization, Debiasing, and Tokenization for Cross-Group Teaching: Some Critical Notes.Rima Basu - forthcoming - In Eric Beerbohm & Elizabeth Beaumont (eds.), NOMOS LXVI: Civic Education in Polarized Times. NYU Press.
    The powerful role that teachers can play in our development is the focus Binyamin, Jayusi, and Tamir’s chapter in this volume. They argue that teachers, in particular teachers that don’t share the same background as their students, can help counter the increasing polarization that characterizes our current era. In these critical notes I raise three challenges to their proposal. First, by exploring the mechanisms of polarization I demonstrate that polarization is not a problem unique to thick diversity or thick multiculturalism. (...)
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  4. Conceptual Responsibility.Trystan S. Goetze - 2018 - Dissertation, University of Sheffield
    This thesis concerns our moral and epistemic responsibilities regarding our concepts. I argue that certain concepts can be morally, epistemically, or socially problematic. This is particularly concerning with regard to our concepts of social kinds, which may have both descriptive and evaluative aspects. Being ignorant of certain concepts, or possessing mistaken conceptions, can be problematic for similar reasons, and contributes to various forms of epistemic injustice. I defend an expanded view of a type of epistemic injustice known as ‘hermeneutical injustice’, (...)
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  5. False Authorities.Christoph Jäger - forthcoming - Acta Analytica:1-19.
    An epistemic agent A is a false epistemic authority for others iff they falsely believe A to be in a position to help them accomplish their epistemic ends. A major divide exists between what I call "epistemic quacks", who falsely believe themselves to be relevantly competent, and "epistemic charlatans", i.e., false authorities who believe or even know that they are incompetent. Both types of false authority do not cover what Lackey (2021) calls "predatory experts": experts who systematically misuse their social-epistemic (...)
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  6. Against Consensus as an Epistemology.Paul Mayer - manuscript
    In this paper, I wish to criticize the notion that consensus is an epistemology. While I have never seen it explicitly claimed that “consensus is an epistemology,” I have nonetheless seen it implied in many scholarly (and layperson) articles. This occurs whenever articles cite, “a majority of scholars agree that…” or “most scientists/researchers think…” In our democratic, individualistic society, we put a value on high value votes and the quantification of majority viewpoints, whether it be in political polls (...)
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  7. Translating the Idiom of Oppression: A Genealogical Deconstruction of FIlipinization and the 19th Century Construction of the Modern Philippine Nation.Michael Roland Hernandez - 2019 - Dissertation, Ateneo de Manila University
    This doctoral thesis examines the phenomenon of Filipinization, specifically understood as the ideological construction of a “Filipino identity” or ‘Filipino subject-consciousness” within the highly determinate context provided by the Filipino ilustrado nationalists such as José Rizal, Marcelo H. del Pilar and their fellow propagandists inasmuch as it leads to the nineteenth (19th) century construction of the modern Philippine nation. Utilizing Jacques Derrida’s deconstructive thinking, this study undertakes a genealogical critique engaged on the concrete historical examination of what is meant by (...)
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  8. The contemporary issues and Supreme Court.Kiyoung Kim - 2015 - Chosun Law Institute.
    Once again the decision and court opinion are an element within the general understanding of law at least in the common law countries. A lawyerly way has implications in shaping the pattern of public administration, but in differing extent of public attraction or normative impact. -/- First, while the Constitution of United States had brought a popular democracy and Constitution-based structure of government, the Ancient Regime had been overhauled in new land. The “nobility” as a basis of government was dispelled, (...)
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  9. Entitlement, opacity, and connection.Brad Majors & Sarah Sawyer - 2007 - In Sanford Goldberg (ed.), Internalism and externalism in semantics and epistemology. New York: Oxford University Press. pp. 131.
    This paper looks at the debates between internalism and externalism in mind and epistemology. In each realm, internalists face what we call 'The Connection Problem', while externalists face what we call 'The Problem of Opacity'. We offer an integrated account of thought content and epistemic warrant that overcomes the problems. We then apply the framework to debates between internalists and externalists in metaethics.
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  10. What Entitlement Is.Brad Majors - 2015 - Acta Analytica 30 (4):363-387.
    The paper is an examination of Tyler Burge’s notion of epistemic entitlement. It begins with consideration of a recent attempt to understand entitlement, including the ways in which it differs from the more traditional notion of justification. The paper argues that each of Casullo’s central contentions rests upon confusion. More generally, the paper shows that Casullo’s interpretation tries to force Burge’s work into a framework that is not suited for it; and that the interpretation also suffers from not being even (...)
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  11. Deference Done Better.Kevin Dorst, Benjamin A. Levinstein, Bernhard Salow, Brooke E. Husic & Branden Fitelson - 2021 - Philosophical Perspectives 35 (1):99-150.
    There are many things—call them ‘experts’—that you should defer to in forming your opinions. The trouble is, many experts are modest: they’re less than certain that they are worthy of deference. When this happens, the standard theories of deference break down: the most popular (“Reflection”-style) principles collapse to inconsistency, while their most popular (“New-Reflection”-style) variants allow you to defer to someone while regarding them as an anti-expert. We propose a middle way: deferring to someone involves preferring to make (...)
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  12. Deference and Uniqueness.Christopher J. G. Meacham - 2019 - Philosophical Studies 176 (3):709-732.
    Deference principles are principles that describe when, and to what extent, it’s rational to defer to others. Recently, some authors have used such principles to argue for Evidential Uniqueness, the claim that for every batch of evidence, there’s a unique doxastic state that it’s permissible for subjects with that total evidence to have. This paper has two aims. The first aim is to assess these deference-based arguments for Evidential Uniqueness. I’ll show that these arguments only work given a (...)
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  13. Moral Deference and Deference to an Epistemic Peer.Cory Davia & Michele Palmira - 2015 - Philosophical Quarterly 65 (261):605-625.
    Deference to experts is normal in many areas of inquiry, but suspicious in morality. This is puzzling if one thinks that morality is relevantly like those other areas of inquiry. We argue that this suspiciousness can be explained in terms of the suspiciousness of deferring to an epistemic peer. We then argue that this explanation is preferable to others in the literature, and explore some metaethical implications of this result.
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  14. Expert Deference about the Epistemic and Its Metaepistemological Significance.Michele Palmira - 2020 - Canadian Journal of Philosophy 50 (4):524-538.
    This paper focuses on the phenomenon of forming one’s judgement about epistemic matters, such as whether one has some reason not to believe false propositions, on the basis of the opinion of somebody one takes to be an expert about them. The paper pursues three aims. First, it argues that some cases of expert deference about epistemic matters are suspicious. Secondly, it provides an explanation of such a suspiciousness. Thirdly, it draws the metaepistemological implications of the proposed explanation.
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  15. Moral Deference and Authentic Interaction.Knut Olav Skarsaune - 2016 - Journal of Philosophy 113 (7):346-357.
    The article defends a mild form of pessimism about moral deference, by arguing that deference is incompatible with authentic interaction, that is, acting in a way that communicates our own normative judgment. The point of such interaction is ultimately that it allows us to get to know and engage one another. This vindication of our intuitive resistance to moral deference is upheld, in a certain range of cases, against David Enoch’s recent objection to views that motivate pessimism (...)
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  16. A deference model of epistemic authority.Sofia Ellinor Bokros - 2020 - Synthese 198 (12):12041-12069.
    How should we adjust our beliefs in light of the testimony of those who are in a better epistemic position than ourselves, such as experts and other epistemic superiors? In this paper, I develop and defend a deference model of epistemic authority. The paper attempts to resolve the debate between the preemption view and the total evidence view of epistemic authority by taking an accuracy-first approach to the issue of how we should respond to authoritative and expert testimony. I (...)
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  17. Deference to Experts.Alex Worsnip - forthcoming - In Kurt Sylvan, Ernest Sosa, Jonathan Dancy & Matthias Steup (eds.), The Blackwell Companion to Epistemology, 3rd edition. Wiley Blackwell.
    Especially but not exclusively in the United States, there is a significant gulf between expert opinion and public opinion on a range of important political, social, and scientific issues. Large numbers of lay people hold views contrary to the expert consensus on topics such as climate change, vaccines, and economics. Much political commentary assumes that ordinary people should defer to experts more than they do, and this view is certainly lent force by the literally deadly effects of many denials of (...)
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  18. Expert deference as a belief revision schema.Joe Roussos - 2020 - Synthese (1-2):1-28.
    When an agent learns of an expert's credence in a proposition about which they are an expert, the agent should defer to the expert and adopt that credence as their own. This is a popular thought about how agents ought to respond to (ideal) experts. In a Bayesian framework, it is often modelled by endowing the agent with a set of priors that achieves this result. But this model faces a number of challenges, especially when applied to non-ideal agents (who (...)
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  19. Deferred Ostension of Extinct and Fictive Kinds.Chad Engelland - 2023 - Review of Metaphysics 87 (3):507-540.
    This paper addresses two problems concerning the deferred ostension of extinct and fictive kinds. First, the sampled item, the fossil or the depiction, is not a sample of the referent. Nonetheless, the retained characteristic shape, understood via analogy with living creatures, enables the reference to be fixed. Second, though both extinct and fictive kinds are targets of deferred ostension, there is an important difference in the sample. Fossilization is a natural causal process that makes fossils to be reflections of their (...)
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  20. Outsourcing Concepts: Deference, the Extended Mind, and Expanding our Epistemic Capacity.Cathal O'Madagain - 2018 - In J. Adam Carter, Andy Clark, Jesper Kallestrup, Orestis Palermos & Duncan Pritchard (eds.), Socially Extended Knowledge. Oxford University Press.
    Semantic deference is the apparent phenomenon whereby some of -/- our concepts have their content fixed by the minds of others. The -/- phenomenon is puzzling both in terms of how such concepts are -/- supposed to work, but also in terms of why we should have -/- concepts whose content is fixed by others. Here I argue that if we -/- rethink semantic deference in terms of extended mind reasoning -/- we find answers to both of these (...)
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  21. Deference and Ideals of Practical Agency.Jonathan Knutzen - 2021 - Canadian Journal of Philosophy 51 (1):17-32.
    This paper develops a moderate pessimist account of moral deference. I argue that while some pessimist explanations of the puzzle of moral deference have been misguided in matters of detail, they nevertheless share an important insight, namely that there is a justified moral agency ideal grounded in pro tanto reasons against moral deference. This thought is unpacked in terms of a set of values associated with the practice of morality. I conclude by suggesting that the solution to (...)
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  22.  99
    Deference to Moral Testimony and (In)authenticity.Shannon Brick - forthcoming - In Joshua Knobe & Shaun Nichols (eds.), Oxford Studies in Experimental Philosophy, vol 5. Oxford University Press.
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  23. Deference Principles for Imprecise Credences.Giacomo Molinari - manuscript
    This essay gives an account of epistemic deference for agents with imprecise credences. I look at the two main imprecise deference principles in the literature, known as Identity Reflection and Pointwise Reflection (Moss, 2021). I show that Pointwise Reflection is strictly weaker than Identity Reflection, and argue that, if you are certain you will update by conditionalisation, you should defer to your future self according to Identity Reflection. Then I give a more general justification for Pointwise and Identity (...)
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  24. The Deferred Ostension Theory of Quotation.Manuel García-Carpintero - 2004 - Noûs 38 (4):674 - 692.
    I defend a Deferred Ostension view of quotation, on which quotation-marks are the linguistic bearers of reference, functioning like a demonstrative; the quoted material merely plays the role of a demonstratum. On this view, the quoted material works like Nunberg’s indexes in his account of deferred ostensión in general. The referent is obtained through some contextually suggested relation; in the default case the relation will be … instantiates the linguistic type __, but there are other possibilities. In this way, the (...)
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  25. Why You Ought to Defer: Moral Deference and Marginalized Experience.Savannah Pearlman & Williams Elizabeth - 2022 - Feminist Philosophy Quarterly 8 (2).
    In this paper we argue that moral deference is prima facie obligatory in cases in which the testifier is a member of a marginalized social group that the receiver is not and testifies about their marginalized experience. We distinguish between two types of deference: epistemic deference, which refers to believing p in virtue of trusting the testifier, and actional deference, which involves acting appropriately in response to the testimony given. The prima facie duty we propose applies (...)
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  26. Deference or critical engagement: How should healthcare practitioners use Clinical Ethics Guidance?Ben Davies & Joshua Parker - forthcoming - Monash Bioethics Review:1-15.
    Healthcare practitioners have access to a range of ethical guidance. However, the normative role of this guidance in ethical decision-making is underexplored. This paper considers two ways that healthcare practitioners could approach ethics guidance. We first outline the idea of deference to ethics guidance, showing how an attitude of deference raises three key problems: moral value; moral understanding; and moral error. Drawing on philosophical literature, we then advocate an alternative framing of ethics guidance as a form of moral (...)
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  27. Textual Deference.Barry Smith - 1991 - American Philosophical Quarterly 28 (1):1 - 12.
    It is a truism that the attitude of deference to the text plays a lesser role in Anglo-Saxon philosophy than in other philosophical traditions. Works of philosophy written in English have, it is true, spawned a massive secondary literature dealing with the ideas, problems or arguments they contain. But they have almost never given rise to works of commentary in the strict sense, a genre which is however a dominant literary form not only in the Confucian, Vedantic, Islamic, Jewish (...)
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  28. Ghost-Written Lives: Autonomy, Deference, and Self-Authorship.Michael Garnett - 2022 - Ethics 133 (2):189–215.
    Certain forms of practical deference seem to be incompatible with personal autonomy. I argue that such deference undermines autonomy not by compromising the governance of an authentic self, nor by constituting a failure to track objective reasons, but by constituting a particular social relation: one of interpersonal rule. I analyse this social relation and distinguish it from others, including ordinary relations of love and care. Finally, I argue that the particular form of interpersonal rule constituted by dispositions of (...)
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  29. What's Wrong with Partisan Deference?Elise Woodard - forthcoming - In Tamar Szabó Gendler, John Hawthorne, Julianne Chung & Alex Worsnip (eds.), Oxford Studies in Epistemology, Vol. 8. Oxford University Press.
    Deference in politics is often necessary. To answer questions like, “Should the government increase the federal minimum wage?” and “Should the state introduce a vaccine mandate?”, we need to know relevant scientific and economic facts, make complex value judgments, and answer questions about incentives and implementation. Lay citizens typically lack the time, resources, and competence to answer these questions on their own. Hence, they must defer to others. But to whom should they defer? A common answer is that they (...)
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  30. What Pessimism about Moral Deference Means for Disagreement.James Fritz - 2018 - Ethical Theory and Moral Practice 21 (1):121-136.
    Many writers have recently argued that there is something distinctively problematic about sustaining moral beliefs on the basis of others’ moral views. Call this claim pessimism about moral deference. Pessimism about moral deference, if true, seems to provide an attractive way to argue for a bold conclusion about moral disagreement: moral disagreement generally does not require belief revision. Call this claim steadfastness about moral disagreement. Perhaps the most prominent recent discussion of the connection between moral deference and (...)
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  31. Semantic Deference versus Semantic Coordination.Laura Schroeter & François Schroeter - 2016 - American Philosophical Quarterly 53 (2):193-210.
    It's widely accepted that social facts about an individual's linguistic community can affect both the reference of her words and the concepts those words express. Theorists sympathetic to the internalist tradition have sought to accommodate these social dependence phenomena without altering their core theoretical commitments by positing deferential reference-fixing criteria. In this paper, we sketch a different explanation of social dependence phenomena, according to which all concepts are individuated in part by causal-historical relations linking token elements of thought.
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  32. Local and global deference.J. Dmitri Gallow - 2023 - Philosophical Studies 180 (9):2753-2770.
    A norm of local expert deference says that your credence in an arbitrary proposition A, given that the expert's probability for A is n, should be n. A norm of global expert deference says that your credence in A, given that the expert's entire probability function is E, should be E(A). Gaifman (1988) taught us that these two norms are not equivalent. Stalnaker (2019) conjectures that Gaifman's example is "a loophole". Here, I substantiate Stalnaker's suspicions by providing characterisation (...)
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  33. Standpoint Epistemology and the Epistemology of Deference (3rd edition).Emily Tilton & Briana Toole - forthcoming - In Mathias Steup (ed.), Blackwell Companion to Epistemology. Blackwell.
    Standpoint epistemology has been linked with increasing calls for deference to the socially marginalized. As we understand it, deference involves recognizing someone else as better positioned than we are, either to investigate or to answer some question, and then accepting their judgment as our own. We connect contemporary calls for deference to old objections that standpoint epistemology wrongly reifies differences between groups. We also argue that while deferential epistemic norms present themselves as a solution to longstanding injustices, (...)
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  34. XII—Deferring to Doubt.Miriam Schoenfield - 2022 - Proceedings of the Aristotelian Society 122 (3):269-290.
    In this paper I’ll suggest that a certain challenge facing defeatist views about higher-order evidence cannot be met, namely, motivating principles that recommend abandoning belief in cases of higher order defeat, but do not recommend global scepticism. I’ll propose that, ultimately, the question of whether to abandon belief in response to the realization that our belief can’t be recovered from what I’ll call ‘a perspective of doubt’ can’t be answered through rational deliberation aimed at truth or accuracy.
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  35. Which Majority Should Rule?Daniel Wodak - 2024 - Philosophy and Public Affairs 52 (2):177-220.
    Majority rule is often regarded as an important democratic principle. But modern democracies divide voters into districts. So if the majority should rule, which majority should rule? Should it be the popular majority, or an electoral majority (i.e., either the majority of voters in the majority of districts, or the majority of voters in districts that contain the majority of the population)? I argue that majority rule requires rule by the (...)
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  36. Two-Dimensional De Se Chance Deference.J. Dmitri Gallow - forthcoming - Australasian Journal of Philosophy.
    Principles of chance deference face two kinds of problems. In the first place, they face difficulties with a priori knowable contingencies. In the second place, they face difficulties in cases where you've lost track of the time. I provide a principle of chance deference which handles these problem cases. This principle has a surprising consequence for Adam Elga's Sleeping Beauty Puzzle.
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  37. The Normative Demand for Deference in Political Solidarity.Kerri Woods & Joshua Hobbs - 2024 - Global Justice : Theory Practice Rhetoric 14 (1):53-78.
    Allies of those experiencing injustice or oppression face a dilemma: to be neutral in the face of calls to solidarity risks siding with oppressors, yet to speak or act on behalf of others risks compounding the injustice. We identify what we call ‘a normative demand for deference’ (NDD) to those with lived experience as a response to this dilemma. Yet, while the NDD is prevalent, albeit sometimes implicitly so, in contemporary solidarity theory and activist practice, it remains under-theorised. In (...)
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  38. Faith and rational deference to authority.Lara Buchak - 2024 - Philosophy and Phenomenological Research 108 (3):637-656.
    Many accounts of faith hold that faith is deference to an authority about what to believe or what to do. I show that this kind of faith fits into a more general account of faith, the risky‐commitment account. I further argue that it can be rational to defer to an authority even when the authority's pronouncement goes against one's own reasoning. Indeed, such deference is rational in typical cases in which individuals treat others as authorities.
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  39. On Reflexive Racism: Disavowal, Deferment, and the Lacanian Subject.Jack Black - 2020 - Diacritics 48 (4):76-101.
    The term ‘reflexivity’ continues to maintain an interpretive hegemony in discussions on modernity and the Self. As a form of praxis, applications of reflexivity frequently rely upon an acknowledged awareness of one’s self-conscious attitudes, dispositions, behaviors and motives. This paper will take aim at such contentions, exploring the extent to which examples of racism rely upon a level of reflexivity, best encapsulated in Žižek’s ‘reflexive racism’. Specifically, it is highlighted how examples of non- racism/anti-racism assert the formal promotion of a (...)
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  40. “Getting It Oneself" (Zide 自得) as an Alternative to Testimonial Knowledge and Deference to Tradition.Justin Tiwald - 2023 - Oxford Studies in Epistemology 7:306-335.
    To morally defer is to form a moral belief on the basis of some credible authority's recommendation rather than on one’s own moral judgment. Many philosophers have suggested that the sort of knowledge yielded by moral deference is deficient in various ways. To better appreciate its possible deficiencies, I propose that we look at a centuries-long philosophical discourse that made much of the shortcomings of this sort of knowledge, which is the discourse about “getting it oneself” (zide 自得) in (...)
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  41. Majority-minority Educational Success Sans Integration: A Comparative-International View.Michael Merry - 2023 - The Review of Black Political Economy 50 (2):194-221.
    Strategies for tackling educational inequality take many forms, though perhaps the argument most often invoked is school integration. Yet whatever the promise of integration may be, its realization continues to be hobbled by numerous difficulties. In this paper we examine what many of these difficulties are. Yet in contrast to how many empirical researchers frame these issues, we argue that while educational success in majority-minority schools will depend on a variety of material and non-material resources, the presence of these (...)
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  42. (1 other version)Moral Experts, Deference & Disagreement.Jonathan Matheson, Nathan Nobis & Scott McElreath - 2018 - In Jonathan Matheson, Nathan Nobis & Scott McElreath (eds.), Moral Experts, Deference & Disagreement. Springer.
    We sometimes seek expert guidance when we don’t know what to think or do about a problem. In challenging cases concerning medical ethics, we may seek a clinical ethics consultation for guidance. The assumption is that the bioethicist, as an expert on ethical issues, has knowledge and skills that can help us better think about the problem and improve our understanding of what to do regarding the issue. The widespread practice of ethics consultations raises these questions and more: -/- • (...)
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  43. Deference and self-knowledge.Henry Jackman - 2000 - Southwest Philosophy Review 16 (1):171-180.
    It has become increasingly popular to suggest that non-individualistic theories of content undermine our purported a priori knowledge of such contents because they entail that we lack the ability to distinguish our thoughts from alternative thoughts with different contents. However, problems relating to such knowledge of 'comparative' content tell just as much against individualism as non-individualism. Indeed, the problems presented by individualistic theories of content for self-knowledge are at least, if not more, serious than those presented by non-individualistic theories. Consequently, (...)
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  44. Majority voting on restricted domains.Franz Dietrich & Christian List - 2007 - Journal of Economic Theory 145 (2):512-543.
    In judgment aggregation, unlike preference aggregation, not much is known about domain restrictions that guarantee consistent majority outcomes. We introduce several conditions on individual judgments su¢ - cient for consistent majority judgments. Some are based on global orders of propositions or individuals, others on local orders, still others not on orders at all. Some generalize classic social-choice-theoretic domain conditions, others have no counterpart. Our most general condition generalizes Sen’s triplewise value-restriction, itself the most general classic condition. We also (...)
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  45. Social Epistemology for Theodicy without Deference: Response to William Lynch.Steve Fuller - 2016 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 3 (2):207-218.
    This article is a response to William Lynch’s, ‘Social Epistemology Transformed: Steve Fuller’s Account of Knowledge as a Divine Spark for Human Domination,’ an extended and thoughtful reflection on my Knowledge: The Philosophical Quest in History. I grant that Lynch has captured well, albeit critically, the spirit and content of the book – and the thirty-year intellectual journey that led to it. In this piece, I respond at two levels. First, I justify my posture towards my predecessors and contemporaries, which (...)
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  46. My Delicate Taste: Aesthetic Deference Revisited.Iskra Fileva - 2023 - Philosophers' Imprint 23.
    Pessimists about aesthetic testimony argue that it is inappropriate to rely on other people’s aesthetic judgments in forming our own aesthetic beliefs. Some suggest that such reliance violates an epistemic norm, others that it violates a non-epistemic norm. In making their case, pessimists offer several arguments. They also put forward cases meant to elicit pessimist intuitions. In this paper, I claim that none of the main pessimist arguments succeeds against a plausible version of optimism, that is, the view that reliance (...)
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  47.  57
    Major Questions Doctrine: Real of Fantasy?Vincent Samar - 2024 - Capital University Law Review 52 (1):1-40.
    In this article I review the Supreme Court’s current use of its major questions doctrine to see if the justifications commonly offered for its existence can explain its current use. In the process of doing so, I examine what the doctrine is about, how it came into existence and how the Court has applied it, especially in context to two recent cases, West Virginia v. EPA and Biden v. Nebraska. As both of these cases implicate the regulatory state, I place (...)
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  48. Disagreement and deference: Is diversity of opinion a precondition for thought?Stacie Friend & Peter Ludlow - 2003 - Philosophical Perspectives 17 (1):115–139.
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  49. A Note Concerning Infinite Regresses of Deferred Justification.Paul D. Thorn - 2017 - Philosophia 45 (1):349-357.
    An agent’s belief in a proposition, E0, is justified by an infinite regress of deferred justification just in case the belief that E0 is justified, and the justification for believing E0 proceeds from an infinite sequence of propositions, E0, E1, E2, etc., where, for all n ≥ 0, En+1 serves as the justification for En. In a number of recent articles, Atkinson and Peijnenburg claim to give examples where a belief is justified by an infinite regress of deferred justification. I (...)
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  50. Surrounding the Hole in the Doughnut: Discretion and Deference in U.S. Immigration Law.Daniel Kanstroom - 1997 - Tulane Law Review 71:703-818.
    Among the many problems facing u.s. immigration law is a crisis of discretion and judicial deference. Through two recently passed laws, the United States Congress and the President have seriously limited judicial review o f discretionary immigration decisions o f the Board ofImmigration Appeals. This Article focuses on this preclusion of judicial review of discretionary agency decisions. The Article begins with an examination ofdiscretion from a theoretical perspective, and goes on to examine areas o f immigration law in which (...)
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