Results for 'Nelson Fernández'

429 found
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  1. Integrating Clinical Staging and Phenomenological Psychopathology to Add Depth, Nuance, and Utility to Clinical Phenotyping: A Heuristic Challenge.Barnaby Nelson, Patrick D. McGorry & Anthony Vincent Fernandez - 2021 - The Lancet Psychiatry 8 (2):162-168.
    Psychiatry has witnessed a new wave of approaches to clinical phenotyping and the study of psychopathology, including the National Institute of Mental Health’s Research Domain Criteria, clinical staging, network approaches, the Hierarchical Taxonomy of Psychopathology, and the general psychopathology factor, as well as a revival of interest in phenomenological psychopathology. The question naturally emerges as to what the relationship between these new approaches is – are they mutually exclusive, competing approaches, or can they be integrated in some way and used (...)
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  2. Retrieving Phenomenology: Introduction to the Special Theme ES Nelson.Eric S. Nelson - 2016 - Frontiers of Philosophy in China 11 (3):329-337.
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  3. The Subject Matter of Phenomenological Research: Existentials, Modes, and Prejudices.Anthony Vincent Fernandez - 2017 - Synthese 194 (9):3543-3562.
    In this essay I address the question, “What is the subject matter of phenomenological research?” I argue that in spite of the increasing popularity of phenomenology, the answers to this question have been brief and cursory. As a result, contemporary phenomenologists lack a clear framework within which to articulate the aims and results of their research, and cannot easily engage each other in constructive and critical discourse. Examining the literature on phenomenology’s identity, I show how the question of phenomenology’s subject (...)
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  4. Phenomenology and Dimensional Approaches to Psychiatric Research and Classification.Anthony Vincent Fernandez - 2019 - Philosophy, Psychiatry, and Psychology 26 (1):65-75.
    Contemporary psychiatry finds itself in the midst of a crisis of classification. The developments begun in the 1980s—with the third edition of the Diagnostic and Statistical Manual of Mental Disorders —successfully increased inter-rater reliability. However, these developments have done little to increase the predictive validity of our categories of disorder. A diagnosis based on DSM categories and criteria often fails to accurately anticipate course of illness or treatment response. In addition, there is little evidence that the DSM categories link up (...)
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  5. Basic Empathy: Developing the Concept of Empathy from the Ground Up.Anthony Vincent Fernandez & Dan Zahavi - 2020 - International Journal of Nursing Studies 110.
    Empathy is a topic of continuous debate in the nursing literature. Many argue that empathy is indispensable to effective nursing practice. Yet others argue that nurses should rather rely on sympathy, compassion, or consolation. However, a more troubling disagreement underlies these debates: There’s no consensus on how to define empathy. This lack of consensus is the primary obstacle to a constructive debate over the role and import of empathy in nursing practice. The solution to this problem seems obvious: Nurses need (...)
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  6. Reconsidering the affective dimension of depression and mania: towards a phenomenological dissolution of the paradox of mixed states.Anthony Vincent Fernandez - 2014 - Journal of Psychopathology 20 (4):414-422.
    In this paper, I examine recent phenomenological research on both depressive and manic episodes, with the intention of showing how phenomenologically oriented studies can help us overcome the apparently paradoxical nature of mixed states. First, I argue that some of the symptoms included in the diagnostic criteria for depressive and manic episodes in the DSM-5 are not actually essential features of these episodes. Second, I reconsider the category of major depressive disorder (MDD) from the perspective of phenomenological psychopathology, arguing that (...)
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  7. (1 other version)Divine omniscience and voluntary action.Nelson Pike - 1965 - Philosophical Review 74 (1):27-46.
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  8. Beyond the Ontological Difference: Heidegger, Binswanger, and the Future of Existential Analysis.Anthony Vincent Fernandez - 2018 - In Kevin Aho (ed.), Existential Medicine: Essays on Health and Illness. Lanham: Rowman & Littlefield. pp. 27–42.
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  9. Levinas, Adorno, and the Ethics of the Material Other.Eric Sean Nelson - 2020 - Albany, NY, USA: State University of New York Press.
    PDF with introduction and front and back materials. Abstract: A provocative examination of the consequences of Levinas’s and Adorno’s thought for contemporary ethics and political philosophy. This book unfolds a dialogue between Emmanuel Levinas and Theodor W. Adorno, using their thought to address contemporary environmental and social-political situations. Eric S. Nelson explores the “non-identity thinking” of Adorno and the “ethics of the Other” of Levinas with regard to three areas of concern: the ethical position of nature and “inhuman” material (...)
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  10. Emptiness, negation, and skepticism in Nāgārjuna and Sengzhao.Eric S. Nelson - 2023 - Asian Philosophy 33 (2):125-144.
    This paper excavates the practice-oriented background and therapeutic significance of emptiness in the Madhyamaka philosophy attributed to Nāgārjuna and Sengzhao. Buddhist emptiness unravels experiential and linguistic reification through meditation and argumentation. The historical contexts and uses of the word indicate that it is primarily a practical diagnostic and therapeutic concept. Emptiness does not lead to further views or truths but, akin to yet distinct from Ajñāna and Pyrrhonian skepticism, the suspension of assertion. This sense of emptiness as a practice can (...)
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  11. Self-Referential Memory and Mental Time Travel.Jordi Fernández - 2020 - Review of Philosophy and Psychology 11 (2):283-300.
    Episodic memory has a distinctive phenomenology. One way to capture what is distinctive about it is by using the notion of mental time travel: When we remember some fact episodically, we mentally travel to the moment at which we experienced it in the past. This way of distinguishing episodic memory from semantic memory calls for an explanation of what the experience of mental time travel is. In this paper, I suggest that a certain view about the content of memories can (...)
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  12. Embodiment and Objectification in Illness and Health Care: Taking Phenomenology from Theory to Practice.Anthony Vincent Fernandez - 2020 - Journal of Clinical Nursing 29 (21-22):4403-4412.
    Aims and Objectives. This article uses the concept of embodiment to demonstrate a conceptual approach to applied phenomenology. -/- Background. Traditionally, qualitative researchers and healthcare professionals have been taught phenomenological methods, such as the epoché, reduction, or bracketing. These methods are typically construed as a way of avoiding biases so that one may attend to the phenomena in an open and unprejudiced way. However, it has also been argued that qualitative researchers and healthcare professionals can benefit from phenomenology’s well-articulated theoretical (...)
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  13. Depression as existential feeling or de-situatedness? Distinguishing structure from mode in psychopathology.Anthony Vincent Fernandez - 2014 - Phenomenology and the Cognitive Sciences 13 (4):595-612.
    In this paper I offer an alternative phenomenological account of depression as consisting of a degradation of the degree to which one is situated in and attuned to the world. This account contrasts with recent accounts of depression offered by Matthew Ratcliffe and others. Ratcliffe develops an account in which depression is understood in terms of deep moods, or existential feelings, such as guilt or hopelessness. Such moods are capable of limiting the kinds of significance and meaning that one can (...)
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  14. (1 other version)From Phenomenological Psychopathology to Neurodiversity and Mad Pride: Reflections on Prejudice.Anthony Vincent Fernandez - 2020 - Puncta. Journal of Critical Phenomenology 3 (2):15-18.
    In this article, I argue that phenomenological psychopathologists, despite their critical attitude toward mainstream psychiatry, still hold problematic prejudices about the nature of psychiatric conditions as illness or disorder. I suggest that phenomenological psychopathologists turn to resources in the neurodiversity and mad pride movements to critically reflect upon these prejudices and appreciate the methodological problems that they pose.
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  15. WILHELM DILTHEY, JOHN STUART MILL, AND THE LOGIC OF THE HUMAN SCIENCES.Eric S. Nelson - 2024 - Rev. Roum. Philosophie 68 (1):103-123.
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  16. (1 other version)The Human and the Inhuman: Ethics and Religion in the zhuangzi.Eric S. Nelson - 2014 - Journal of Chinese Philosophy 41 (S1):723-739.
    One critique of the early Daoist texts associated with Laozi and Zhuangzi is that they neglect the human and lack a proper sense of ethical personhood in maintaining the primacy of an impersonal dehumanizing “way.” This article offers a reconsideration of the appropriateness of such negative evaluations by exploring whether and to what extent the ethical sensibility unfolded in the Zhuangzi is aporetic, naturalistic, and/or religious. As an ethos of cultivating life and free and easy wandering by performatively enacting openness (...)
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  17. De ciudadanos, Estado, derechos y ética.Juan Antonio Fernández Manzano - 2009 - Astrolabio 9:52-59.
    El presente trabajo analiza el concepto de ciudadanía y algunas de sus implicaciones en el marco de las democracias occidentales actuales. Partiendo de la premisa de que ser ciudadano supone una determinada relación con un Estado, se revisan algunas de las fundamentaciones clásicas del concepto y se concluye que lo relevante es la variedad de derechos sustantivos que el Estado reconoce a sus sujetos políticos. La esencia de ser ciudadano se desvela revisando el repertorio de derechos a los que su (...)
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  18. Dilthey and Carnap: The Feeling of Life, the Scientific Worldview, and the Elimination of Metaphysics.Eric S. Nelson - 2018 - In Johannes Feichtinger, Franz L. Fillafer & Jan Surman (eds.), The Worlds of Positivism: A Global Intellectual History, 1770–1930. Palgrave.
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  19. Хајдегеров даоистички обрт.Eric S. Nelson - 2024 - Almanah Instituta Konfucije:90-111.
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  20. Heidegger and Dao: Things, Nothingness, Freedom.Eric S. Nelson - 2023 - London: Bloomsbury.
    What did Heidegger learn and fail to learn from Laozi and Zhuangzi? This book reconstructs Heidegger's philosophy through its engagement with Daoist and Asian philosophy and offers a Daoist transformation of Heidegger on things, nothingness, and freedom. PDF includes the introduction, bibliography, and index.
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  21. Phenomenology and the Crisis of Contemporary Psychiatry: Contingency, Naturalism, and Classification.Anthony Vincent Fernandez - 2016 - Dissertation, University of South Florida
    This dissertation is a contribution to the contemporary field of phenomenological psychopathology, or the phenomenological study of psychiatric disorders. The work proceeds with two major aims. The first is to show how a phenomenological approach can clarify and illuminate the nature of psychopathology—specifically those conditions typically labeled as major depressive disorder and bipolar disorder. The second is to show how engaging with psychopathological conditions can challenge and undermine many phenomenological presuppositions, especially phenomenology’s status as a transcendental philosophy and its corresponding (...)
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  22. Contaminating the Transcendental: Toward a Phenomenological Naturalism.Anthony Vincent Fernandez - 2015 - Journal of Speculative Philosophy 29 (3):291-301.
    The proper relationship between phenomenology and naturalism has reemerged as a pressing issue following interdisciplinary developments in the cognitive sciences. Most solutions opt for a naturalized phenomenology, rather than a phenomenological naturalism. This article takes up the latter approach, confronting the implications of Merleau-Ponty's reformulation of Husserl's paradox of subjectivity. I argue that Merleau-Ponty's formulation—which I term “the paradox of madness”—reveals a deep, ontological contingency in what Husserl took to be necessary transcendental structures of consciousness and world, revealing that these (...)
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  23. Daoism and Environmental Philosophy: Nourishing Life.Eric Sean Nelson - 2020 - London, UK: Routledge.
    Daoism and Environmental Philosophy explores ethics and the philosophy of nature in the Daodejing, the Zhuangzi, and related texts to elucidate their potential significance in our contemporary environmental crisis. This book traces early Daoist depictions of practices of embodied emptying and forgetting and communicative strategies of undoing the fixations of words, things, and the embodied self. These are aspects of an ethics of embracing plainness and simplicity, nourishing the asymmetrically differentiated yet shared elemental body of life of the myriad things, (...)
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  24. Kantian Animal Moral Psychology: Empirical Markers for Animal Morality.Erik Nelson - 2024 - Ergo: An Open Access Journal of Philosophy 11:716-746.
    I argue that a Kantian inspired investigation into animal morality is both a plausible and coherent research program. To show that such an investigation is possible, I argue that philosophers, such as Korsgaard, who argue that reason demarcates nonhuman animals from the domain of moral beings are equivocating in their use of the term ‘rationality’. Kant certainly regards rationality as necessary for moral responsibility from a practical standpoint, but his distinction between the noumenal and phenomenal means that he can only (...)
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  25. May Artificial Intelligence take health and sustainability on a honeymoon? Towards green technologies for multidimensional health and environmental justice.Cristian Moyano-Fernández, Jon Rueda, Janet Delgado & Txetxu Ausín - 2024 - Global Bioethics 35 (1).
    The application of Artificial Intelligence (AI) in healthcare and epidemiology undoubtedly has many benefits for the population. However, due to its environmental impact, the use of AI can produce social inequalities and long-term environmental damages that may not be thoroughly contemplated. In this paper, we propose to consider the impacts of AI applications in medical care from the One Health paradigm and long-term global health. From health and environmental justice, rather than settling for a short and fleeting green honeymoon between (...)
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  26. Language, Prejudice, and the Aims of Hermeneutic Phenomenology: Terminological Reflections on “Mania".Anthony Vincent Fernandez - 2016 - Journal of Psychopathology 22 (1):21-29.
    In this paper I examine the ways in which our language and terminology predetermine how we approach, investigate and conceptualise mental illness. I address this issue from the standpoint of hermeneutic phenomenology, and my primary object of investigation is the phenomenon referred to as “mania”. Drawing on resources from classical phenomenology, I show how phenomenologists attempt to overcome their latent presuppositions and prejudices in order to approach “the matters themselves”. In other words, phenomenologists are committed to the idea that in (...)
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  27. Stay in Your (Semantic) Lane: Prudence and the Lexical Sovereignty of Social Groups.Benjamin L. S. Nelson - manuscript
    This paper argues that it is prudentially wise to defer to groups about how they are essentially constituted and defined. After a few words situating the paper in my greater research project (§1), I articulate the kind of deference I have in mind (§2). Then I offer two conditional arguments on why it is epistemically desirable to let other people tell you how they ought to be identified (§3). The first argument is that people are owed lexical sovereignty because denying (...)
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  28. Recontextualizing the Subject of Phenomenological Psychopathology: Establishing a New Paradigm Case.Anthony Vincent Fernandez & Guilherme Messas - forthcoming - Frontiers in Psychiatry.
    Recently, there have been calls to develop a more contextual approach to phenomenological psychopathology—an approach that attends to the socio-cultural as well as personal and biographical factors that shape experiences of mental illness. In this Perspective article, we argue that to develop this contextual approach, phenomenological psychopathology should adopt a new paradigm case. For decades, schizophrenia has served as the paradigmatic example of a condition that can be better understood through phenomenological investigation. And recent calls for a contextual approach continue (...)
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  29. Technology and the Way: Buber, Heidegger, and Lao‐Zhuang “Daoism”.Eric S. Nelson - 2014 - Journal of Chinese Philosophy 41 (3-4):307-327.
    I consider the intertextuality between Chinese and Western thought by exploring how images, metaphors, and ideas from the texts associated with Zhuangzi and Laozi were appropriated in early twentieth-century German philosophy. This interest in “Lao-Zhuang Daoism” encompasses a diverse range of thinkers including Buber and Heidegger. I examine how the problematization of utility, usefulness, and “purposiveness” in Zhuangzi and Laozi becomes a key point for their German philosophical reception; how it is the poetic character of the Zhuangzi that hints at (...)
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  30. In defence of posthuman vulnerability.Belen Liedo Fernandez & Jon Rueda - 2021 - Scientia et Fides 9 (1):215-239.
    Transhumanism is a challenging movement that invites us to rethink what defines humanity, including what we value and regret the most about our existence. Vulnerability is a key concept that require thorough philosophical scrutiny concerning transhumanist proposals. Vulnerability can refer to a universal condition of human life or, rather, to the specific exposure to certain harms due to particular situations. Even if we are all vulnerable in the first sense, there are also different sources and levels of vulnerability depending on (...)
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  31. ¿Sobre qué bases mínimas podría construirse un acuerdo global cosmopolita?Juan Antonio Fernández Manzano - 2013 - Revista de Filosofía (Madrid) 38 (2):61-77.
    El artículo explora algunos de los principales rasgos políticos de la época globalizada y defiende la necesidad de entidades políticas representativas que superen el marco del Estado nación. A continuación se pregunta bajo qué presupuestos ético-políticos podría defenderse un modelo político-jurídico global para un mundo axiológicamente diverso y qué concepciones políticas y valores podrían proponerse como referente normativo para una gobernanza global cuya meta habría de ser el ejercicio legítimo del poder. Teniendo en cuenta las dificultades de tal empresa, se (...)
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  32. History as Decision and Event in Heidegger.Eric S. Nelson - 2007 - ARHE 4:97-115.
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  33. Comprehending the Whole Person: On Expanding Jaspers' Notion of Empathy.Anthony Vincent Fernandez - forthcoming - In Aaron Mishara, Marcin Moskalewicz, Michael A. Schwartz & Alexander Kranjec (eds.), Phenomenological Neuropsychiatry: How Patient Experience Bridges Clinic with Clinical Practice. Springer.
    In this chapter, we explain how Karl Jaspers’ concept of empathy can be expanded by drawing upon the tradition of philosophical phenomenology. In the first section, we offer an account of Jaspers' concepts of empathy and incomprehensibility as he develops them in General Psychopathology and “The Phenomenological Approach in Psychopathology.” In the second section, we survey the recent literature on overcoming Jaspers' notion of incomprehensibility and expanding his concept of empathy. In the third section, we outline the levels of investigation (...)
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  34. Interpreting Dilthey: Critical Essays.Eric Sean Nelson (ed.) - 2018 - Cambridge: Cambridge University Press.
    PDF includes the introduction. Abstract: In this wide-ranging and authoritative volume, leading scholars engage with the philosophy and writings of Wilhelm Dilthey, a key figure in nineteenth-century thought. Their chapters cover his innovative philosophical strategies and explore how they can be understood in relation to their historical situation, as well as presenting incisive interpretations of Dilthey's arguments, including their development, their content, and their influence on later thought. A key focus is on how Dilthey's work remains relevant to current debates (...)
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  35. Paley before Hume: How Not to Teach the Design Argument.Mark T. Nelson - 2024 - American Philosophical Association Studies on Teaching Philosophy 24 (1):2-10.
    Abstract: “Paley before Hume: How Not to Teach the Design Argument” Most philosophy of religion classes discuss the classic design argument for the existence of God, and many of these treat Paley’s Natural Theology (1802) before Hume’s Dialogues Concerning Natural Religion (1779). Following the syllabus of several leading anthologies, I did this for many years, but I now think that is a mistake, because it creates the impression that Hume was responding to Paley. Not only is it obvious on chronological (...)
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  36. (1 other version)Overcoming Naturalism from Within: Dilthey, Nature, and the Human Sciences.Eric S. Nelson - 2017 - In Babette Babich (ed.), Hermeneutic Philosophies of Social Science. Boston: De Gruyter. pp. 89-108.
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  37. ‘Ohne Gewalt’. Justicia y dislocación en el Proyecto ‘Gewalt’ de 1921 y ‘Kafka’ de 1934 de Walter Benjamin.Diego Fernández H. - 2023 - Trans/Form/Ação 46 (3):127-152.
    The relationship between “Towards a Critique of Violence” (1921) and the work of Franz Kafka has been well established by several critical studies devoted to Walter Benjamin. However, it is striking that Benjamin himself, already well acquainted with the work of the Czech writer in 1921, never made any comment to Kafka’s work in this essay, and, more broadly, in any of the related texts that make up the project on the ‘Critique of Violence’. In this article, we analyze a (...)
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  38. Martin Heidegger and Kitayama Junyū: Nothingness, Emptiness, and the Thing.Eric S. Nelson - 2023 - Asian Studies · Azijske Študije 11 (1):27-50.
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  39. A Sellarsian Argument for Nonlinguistic Conceptual Capabilities.Erik Nelson - 2024 - Synthese 204 (5):1-24.
    While it is philosophically contested whether nonlinguistic animals can have conceptual capabilities, it is also philosophically contested whether one can even empirically test for such capabilities. I draw from Sellars’ work on psychological nominalism to develop an empirically tractable means of distinguishing between tasks that require conceptual capabilities and those that do not. Tasks that require conceptual capabilities are those that require awareness of abstract relations, whereas tasks that can be solved merely through Sellarsian picturing do not. I argue that (...)
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  40. Heidegger, Formal Indication, and Sexual Difference.Eric S. Nelson - 2022 - Eksistenz. Philosophical Hermeneutics and Intercultural Philosophy 1 (1):65-77.
    This contribution unfolds an existential-ontological response to the question of sexual difference in the context of Heidegger’s formally indicative concept of “Dasein.” The question of Dasein’s “neutrality” concerns how formal indication formalizes, empties, and neutralizes the givenness of factical human existence. Ostensibly “given” biological and anthropological facts, such as sexual difference, are interpreted from an emptied and neutralized perspective that appears abstract and fictional to Heidegger’s critics. How, then, is the “neutrality” of formalizing emptying related to the “facticity” of in (...)
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  41. The yijing and philosophy: From Leibniz to Derrida.Eric S. Nelson - 2011 - Journal of Chinese Philosophy 38 (3):377-396.
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  42. Responding with dao : Early daoist ethics and the environment.Eric Sean Nelson - 2009 - Philosophy East and West 59 (3):pp. 294-316.
    Early Daoism, as articulated in the Daodejing and the Zhuangzi, indirectly addresses environmental issues by intimating a non-reductive naturalistic ethics calling on humans to be open and responsive to the specificities and interconnections of the world and environment to which they belong. "Dao" is not a substantial immanent or transcendent entity but the lived enactment of the intrinsic worth of the "myriad things" and the natural world occurring through how humans address and are addressed by them. Early Daoism potentially corrects (...)
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  43. Conversación, diálogo y lenguaje en el pensamiento de Hans-Georg Gadamer.Francisco Fernández Labastida - 2006 - Anuario Filosófico 39 (85):55-76.
    To cope with the intersubjective and communicative deficiencies of Heidegger's Analytics of Existence, Hans-Georg Gadamer developed a theory of language whose nature is at one time phenomenological and ontological. Inspired by Plato's dialectics and Aristotle's ethical and rhetorical works, Gadamer sees human linguistic capabilities as the defining trait of all that is human. Language lives in conversation, dialogically structuring all social and cultural relations. Language is the ambit in which human beings and their historical world take place. In Gadamer's thought, (...)
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  44. Irrational Intentionality.Benjamin L. S. Nelson - manuscript
    There at least three ways of thinking about rationality: instrumental, substantive, and intentional. By far, the instrumental account is most influential. This essay proposes that intentional rationality can provide substantive accounts with room to breathe, and in a way that is facially distinct from instrumental accounts. I suggest that the intentionality of a judgment is made up of what it is about and the orientation through which it is judged, while irrationality is the subversion of a strict supporting connection between (...)
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  45. Il fondamento teo-logico della verità. Il rapporto fra essere, verità e logos alla luce del Perì Hermeneías di Aristotele e del commento di San Tommaso d'Aquino.Francisco Fernández Labastida - 2009 - Acta Philosophica 18 (1):11-26.
    The Modern concept of truth, which subjects truth to certainty, broke the harmonious relation between reality and truth, that prevailed in Ancient and Medieval Philosophy. Hans-Georg Gadamer thinks that the main task of contemporary Philosophy is to recover the original harmony of being and knowledge. To shed light on the nature of this problem, we expound the metaphysical-theological foundation of truth, which is at the roots of Aristotelian and Thomistic Philosophies. Specifically, we analyze here the relation between being, truth and (...)
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  46. Revisiting the Dialectic of Environment: Nature as Ideology and Ethics in Adorno and the Frankfurt School.Eric S. Nelson - 2011 - Telos: Critical Theory of the Contemporary 2011 (155):105-126.
    As a contribution to a critical yet responsive materialist ethics of environments and animals, I reexamine the significance of nature and animals in the critical social theory of Theodor Adorno. In response to the anthropocentric primacy of intersubjective discourse and recognition in recent figures associated with the Frankfurt School, such as Habermas and Honneth, I argue for the ecological import of the aporetic dialectic of nature and society diagnosed in Adorno and Horkheimer’s Dialectic of Enlightenment and Adorno’s later works. Adorno’s (...)
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  47. Hans-Georg Gadamer: un bilancio a dieci anni dalla morte.Francisco Fernández Labastida, Jean Grondin & Gaspare Mura - 2012 - Acta Philosophica 21 (1):151 - 170.
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  48. Introduction: the phenomenological method today.Anthony Vincent Fernandez & Steven Crowell - 2021 - Continental Philosophy Review 54 (2):119-121.
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  49. A Solidaristic Approach to the Existence and Persistence of Social Kinds.Benjamin L. S. Nelson - manuscript
    In this paper, I outline a theory of social kinds. A general theory of social kinds has to set out at least three conditions: existence conditions, persistence conditions, and identity conditions. For the sake of expediency, I focus on the existence and persistence conditions. The paper is organized just as life: first with existence, then persistence. I argue that anti-realism is more attractive than realism as an account of the existence conditions, despite the fact that realism has been under-appreciated. Then (...)
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  50. Finding Written Law.Benjamin L. S. Nelson - manuscript
    In this paper I argue that textualism is far less attractive as a theory of written law than some of its modern proponents think. For it is not usually sensible to expect the grammatical meaning of a provision to determine its appropriate legal meaning. Factors that are unrelated to grammar in the identification of law (e.g., legal theory, context) do too much of the work. **Draft -- acknowledgments welcome, but please do not cite.**.
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