Results for 'Shifman Berman Nadav'

47 found
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  1. Franz Rosenzweig’s Concept of Redemption as a Vehicle for Confronting the Philosophical Problem of Contemporary Transhumanism.Nadav Shifman Berman & Joseph Turner - 2022 - Naharaim 16 (1):29-52.
    This article presents Franz Rosenzweig’s concept of redemption as a vehicle for raising some important questions for confronting the contemporary movement of Transhumanism. The upshot of our discussion is located in the existential questions asked, following a philosophical comparison of Rosenzweig’s religious and philosophical commitment to human life in its most robust form, with Transhumanism’s scientistic vision. To do so, the article first discusses some techno-scientistic assumptions of Transhumanism, showing that it presumes what was once a core principle of German (...)
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  2.  92
    William James, “Reflex Action and Theism”, Hebrew translation ("manganon ha-heigev ve-sugyat ha'emunah ba'el") by Roi Lidsky, scientific editing: Nadav S. Berman.Shifman Berman Nadav - 2023 - Religia 6:223-243. Translated by Lidsky Roi.
    A Hebrew translation of William James's essay "Reflex Action and Theism", The Will to Believe and other essays in Popular Philosophy (1897): 111-144.
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  3. 20th Century Jewish Thought and Classical American Pragmatism: New Perspectives on Hayyim Hirschensohn, Mordecai M. Kaplan and Eliezer Berkovits.Nadav Berman Shifman - 2018 - Dissertation, Hebrew University of Jerusalem
    Please see the extended abstract in the attached file.
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  4. “What is the Juxtaposition Between Silicon Valley and Mount Sinai? Covenantal Principles and the Conceptualization of Platform-User Relations”.Nadav S. Berman & Tal Z. Zarsky - 2022 - Journal of Law and Religion 37 (3):446-477.
    Over recent decades, several global tech giants have gained enormous power while at the same time generating various disputes with their end-users, local governments, and regulators. We propose that the Jewish concept of covenant can help the above parties, legal scholars, and wider society, in addressing this complex legal reality. We present the challenge of disequilibrium between the above four parties against the main points of conflict: the requirement of customer consent; clear contractual provisions upon entry; options for reasonable customer (...)
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  5. "Jewish Law, Techno-Ethics, and Autonomous Weapon Systems: Ethical-Halakhic Perspectives".Nadav S. Berman - 2020 - Jewish Law Association Studies 29:91-124.
    Techno-ethics is the area in the philosophy of technology which deals with emerging robotic and digital AI technologies. In the last decade, a new techno-ethical challenge has emerged: Autonomous Weapon Systems (AWS), defensive and offensive (the article deals only with the latter). Such AI-operated lethal machines of various forms (aerial, marine, continental) raise substantial ethical concerns. Interestingly, the topic of AWS was almost not treated in Jewish law and its research. This article thus proposes an introductory ethical-halakhic perspective on AWS, (...)
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  6. “Zionism as Holistic Idea: Mordecai M. Kaplan’s Pragmatic Approach” [in Hebrew], in: Zion and Diaspora: Past, Present, Future, ed. Joseph (Yossi) Turner and Ari Ackerman (Jerusalem: Carmel 2023).Nadav S. Berman - 2023 - In Zion and Diaspora: Past, Present, Future, eds. Joseph Turner and Ari Ackerman. Jerusalem: Carmel. pp. 321-356.
    This book-chapter investigates the pragmatist Zionist thought of Mordecai M. Kaplan, and considers its pluralistic and holistic traits, vis-a-vis monist and fundamentalist approaches to Zionism.
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  7. “Interest, Disinterestedness, and Pragmatic Interestedness: Jewish Contributions to the Search for a Moral Economic Vision”.Nadav S. Berman - 2022 - In Michel Dion & Moses Pava (eds.), The Spirit of Conscious Capitalism: Contributions of World Religions and Spiritualities. Springer. pp. 85-108.
    This chapter does not presume to outline a new economic theory, nor a novel perspective on Jewish approaches to economy. Rather, it suggests the concept of pragmatic interestedness (PI) as means for thinking on the search for conscious or moral forms of capitalism. In short, pragmatic interestedness means that having interests is basic to human nature, and that interestedness is or can be non-egoistic and pro-social. This chapter proposes that PI, which has a significant role in normative Jewish tradition, can (...)
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  8. “The Application of the ‘Pragmatic Maxim’ in Jewish Tradition: The Case of R. Ḥayyim Hirschensohn”.Nadav S. Berman - 2022 - Journal of Religion 102 (4):441-481.
    This article argues that certain interpretive trajectories within Jewish tradition – both halakhic (nomos) and aggadic (narrative) – can be illuminated vis-a-vis classical American pragmatism (CAP). Contrary to a prevalent belief, Peirce, James, and Dewey were neither anti-metaphysical nor anti-traditional. They contended, in different ways, that the ‘pragmatic maxim’ (PM) – “truth is what works” in James’s phrasing – is not a narrowly instrumentalist truth test. The PM rather implies that ideas and beliefs (philosophical and religious alike) should be examined (...)
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  9. "Eliezer Schweid: Some Premises of a Pragmatic Jewish Thinker" [in Hebrew].Nadav S. Berman - 2020 - In The Philosophy of Eliezer Schweid: Jewish Culture and Universal Perspectives, ed. Yehoyada Amir and Joseph Turner. Jerusalem: Carmel. pp. 103-141.
    This book-chapter briefs Eliezer Schweid's thought, and demonstrates the role of some core-concepts of classical American pragmatism within it.
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  10. “How to Live Communally Amidst Doubts”, on Moshe Halbertal, The Birth of Doubt: Confronting Uncertainty in Early Rabbinic Literature (Brown, 2020). [REVIEW]Nadav S. Berman - 2021 - Review of Rabbinic Judaism 24:265-275.
    This review-essay considers the book by Moshe Halbertal, The Birth of Doubt: Confronting Uncertainty in Early Rabbinic Literature (Brown, 2020), and highlights certain pragmatist trajectories in the book and in its scholarly object - early rabbinic law. Inter alia, the middle rabbinic path between realism and nominalism is discussed.
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  11. “Pragmatism: A New Name for Some Old Ways of Thinking in Judaism” [in Hebrew], review essay on D. Brezis, Between Zealotry and Grace and H. E. Hashkes, Rabbinic Discourse as a System of Knowledge. [REVIEW]Nadav S. Berman - 2016 - Daat 82:405-417.
    This review-essay considers two books by David Brezis and Hannah E. Hashkes, and discusses their significance for exploring the philosophical links between Jewish thought and classical American pragmatism.
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  12.  83
    Nadav S. Berman, “Judaism, 'Race', and Ethics: The Problem of Racism between East and West” [in Hebrew]. [REVIEW]S. Berman Nadav - 2022 - Péamim 167:337-355.
    This review essay (in Hebrew) considers the volume Judaism, Race, and Ethics, edited by Jonathan K. Crane (Penn, 2020), and briefly presents the content of the articles included in this important volume. The review then raises several substantial axiological and linguistic questions considering the term "race", and suggests some moral insights from Jewish tradition regarding the idea of the oneness of humanity and of all human creatures, as a basis for opposing racism.
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  13. "R. Ḥayyim Hirschensohn’s Beliefs about Death and Immortality as Tested by his Halakhic Decision Making” [in Hebrew].Nadav Berman, S. - 2017 - Daat 83 (2017):337-359.
    This paper traces two contradicting beliefs about death and immortality in the writings of Rabbi Hayyim Hirschensohn, and examines these opposing beliefs in his Halakhic ruling, in the case of Autopsies. The paper opens by conceptualizing two possible attitudes regarding the relation between this-world and the ʽother-world’, and by analyzing two main beliefs regarding death and immortality in their relation to the body-spirit distinction (the naturalistic and the spiritualistic approach). It demonstrates how Hirschensohn was holding these two different views. The (...)
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  14. “Chosenness, Agapism, and the Search for Moderation between Nationhood and Universalism”.S. Berman Nadav - 2024 - da'at 92:7-36.
    Chosenness, Agapism, and the Search for Moderation between Nationhood and Universalism -/- Abstract The idea of collective Chosenness (nivḥarut) was interpreted by Jewish thinkers in two initial ways: Chosenness as a divine gift which is somehow encrypted in the body of each Jewish individual, and Chosenness as a normatively acquired (rather than inherited) property. Numerous attempts were made to defend these approaches, and to mediate between them. This paper examine the idea of Chosenness from a novel perspective, by interrogating it (...)
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  15. “The Rejection of Radical-Foundationalism and -Skepticism: Pragmatic Belief in God in Eliezer Berkovits’s Thought” [in Hebrew].Nadav Berman, S. - 2019 - Journal of the Goldstein-Goren International Center for Jewish Thought 1:201-246.
    Faith has many aspects. One of them is whether absolute logical proof for God’s existence is a prerequisite for the proper establishment and individual acceptance of a religious system. The treatment of this question, examined here in the Jewish context of Rabbi Prof. Eliezer Berkovits, has been strongly influenced in the modern era by the radical foundationalism and radical skepticism of Descartes, who rooted in the Western mind the notion that religion and religious issues are “all or nothing” questions. Cartesianism, (...)
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  16. “The Challenge of the ‘Caring’ God: A. J. Heschel’s ‘Theology of Pathos’ in light of Eliezer Berkovits’s Critique” [in Hebrew].Nadav Berman, S. - 2017 - Zehuyot 8:43-60.
    This article examines A.J. Heschel’s “Theology of pathos” in light of the critique Eliezer Berkovits raised against it. Heschel’s theology of pathos is the notion of God as the “most moved mover”, who cares deeply for humans, and thus highly influencing their prophetic motivation for human-social improvement. Berkovits, expressing the negative-transcendent theology of Maimonides, assessed that Heschel’s theology of pathos is not systematic, is anthropomorphic, and reflects a foreign Christian influence. However, when checking Berkovits’s own views as a thinker, it (...)
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  17. “Interest-based Open-Mindedness: Advocating the Role of Interests in the Formation of Human Character” [in Hebrew]. [REVIEW]Nadav Berman, S. - 2018 - Katharsis 30:146-165.
    Ayalon Eidelstein’s Openness and Faith focuses on the centrality of the idea of openness, or open-mindedness, to the educational sphere. The first half presents the challenges in modern ‘divided-consciousness’ and its consequences of egoism, materialism, and hedonism on the one hand, and religious fanatism on the other. Eidelstein’s main audience is the Israeli secular public, to which he proposes an educational and philosophical middle-way rooted in sincere human and inter-human openness. This openness is inspired by the idea of disinterestedness that (...)
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  18. "Pragmatism and Jewish Thought: Eliezer Berkovits’s Philosophy of Halakhic Fallibility".Nadav Berman S. - 2019 - Journal of Jewish Thought and Philosophy 27 (1):86-135.
    In classical American pragmatism, fallibilism refers to the conception of truth as an ongoing process of improving human knowledge that is nevertheless susceptible to error. This paper traces appearances of fallibilism in Jewish thought in general, and particularly in the halakhic thought of Eliezer Berkovits. Berkovits recognizes the human condition’s persistent mutability, which he sees as characterizing the ongoing effort to interpret and apply halakhah in shifting historical and social contexts as Torat Ḥayyim. In the conclusion of the article, broader (...)
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  19. Black-box assisted medical decisions: AI power vs. ethical physician care.Berman Chan - 2023 - Medicine, Health Care and Philosophy 26 (3):285-292.
    Without doctors being able to explain medical decisions to patients, I argue their use of black box AIs would erode the effective and respectful care they provide patients. In addition, I argue that physicians should use AI black boxes only for patients in dire straits, or when physicians use AI as a “co-pilot” (analogous to a spellchecker) but can independently confirm its accuracy. I respond to A.J. London’s objection that physicians already prescribe some drugs without knowing why they work.
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  20. The demonstrative use of names, and the divine-name co-reference debate.Berman Chan - 2023 - International Journal for Philosophy of Religion 93 (2):107-120.
    Could Christians and Muslims be referring to the same God? Consider Gareth Evans’s causal theory of reference, on which a name refers to the dominant source of information in the name’s “dossier”. I argue that information about experiences, in which God is simply the object of acquaintance, can dominate the dossier. Thus, this "demonstrative" use of names offers a promising alternative avenue by which users of the divine names can refer to the same referent despite having different conceptions of God.
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  21. The rise of artificial intelligence and the crisis of moral passivity.Berman Chan - 2020 - AI and Society 35 (4):991-993.
    Set aside fanciful doomsday speculations about AI. Even lower-level AIs, while otherwise friendly and providing us a universal basic income, would be able to do all our jobs. Also, we would over-rely upon AI assistants even in our personal lives. Thus, John Danaher argues that a human crisis of moral passivity would result However, I argue firstly that if AIs are posited to lack the potential to become unfriendly, they may not be intelligent enough to replace us in all our (...)
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  22. A Platonic Kind-Based Account of Goodness.Berman Chan - 2021 - Philosophia 49 (4):1369-1389.
    I contend there exists a platonistic good that all other good (excellent) things must resemble, supplementing this theory with Aristotelian features. Something’s goodness holds in virtue of the thing’s own properties being such as to satisfy its kind-based standards, and those K-standards resembling the platonic good. As for the latter condition, the K-standards resemble it firstly with respect to requiring activities, and secondly also at the level of what teleology those activities are directed towards.
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  23. Are Katamenia a First Potentiality or First Actuality of a Human?Berman Chan - 2022 - Filosofia Unisinos 23 (2):1-10.
    In Aristotle’s writings regarding the biology of embryology, especially in the Generation of Animals, he contends that the mother’s menstrual fluids provide the material for the generation of the offspring, and the father’s form determines its formation as a member of that species (e.g. human). The katamenia (menstrual fluids) of the mother are said to be potentially all the body parts of the offspring, though actually none of them. So, the fluids are potentially the offspring. But are they a first (...)
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  24. An Ebola-Like Microbe and The Limits of Kind-Based Goodness.Berman Chan - 2022 - Philosophia 50 (2):451-471.
    Aristotelian theory, as found in Michael Thompson and Philippa Foot, claims that to be good is to be good as a member of that kind. However, I contend that something can satisfy kind-relative standards but nonetheless be bad—I propose a hypothetical Ebola-like microbe that meets its kind-standards of being destructive for its own sake, but it would plausibly be bad for doing so. I anticipate an Aristotelian objection that evaluations should only be made from "within" the lifeform conception rather than (...)
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  25. E-Cigarettes and the Multiple Responsibilities of the FDA.Larisa Svirsky, Dana Howard & Micah L. Berman - 2021 - American Journal of Bioethics 22 (10):5-14.
    This paper considers the responsibilities of the FDA with regard to disseminating information about the benefits and harms of e-cigarettes. Tobacco harm reduction advocates claim that the FDA has been overcautious and has violated ethical obligations by failing to clearly communicate to the public that e-cigarettes are far less harmful than cigarettes. We argue, by contrast, that the FDA’s obligations in this arena are more complex than they may appear at first blush. Though the FDA is accountable for informing the (...)
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  26. Socrates and Callicles on Pleasure.Scott Berman - 1991 - Phronesis 36 (2):117-140.
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  27. Plato's Explanation of False Belief in the Sophist.Scott Berman - 1996 - Apeiron 29 (1):19-46.
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  28. A Defense of Psychological Egoism.Scott Berman - 2003 - In Naomi Reshotko (ed.), Desire, Identity and Existence. Kelowna, B.C., Canada: Academic Printing and Publishing.
    The purpose of this paper is to argue for psychological egoism, i.e., the view that the ultimate motivation for all human action is the agent’s self-interest. Two principal opponents to psychological egoism are considered. These two views are shown to make human action inexplicable. Since the reason for putting forward these views is to explain human action, these views fail. If psychological egoism is the best explanation of human action, then humans will not differ as regards their motivations for their (...)
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  29. Zabarella on Prime Matter and Extension.Berman Chan - 2022 - Philosophia 50 (5):2405-2422.
    The 16th and 17th centuries witnessed a philosophical shift that would help pave the way for modern science, a shift from metaphysical theories of material objects to other views embracing only the empirically-accessible parts of material things. One much-debated topic in the course of this shift was regarding prime matter. The late scholastic Jacobus Zabarella (1533-1589) arrived upon his views about prime matter via his version of the regressus method, a program for a sort of scientific reasoning. In his De (...)
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  30. Improving the justice‐based argument for conducting human gene editing research to cure sickle cell disease.Berman Chan - 2019 - Bioethics 34 (2):200-202.
    In a recent article, Marilyn Baffoe-Bonnie offers three arguments for conducting CRISPR/Cas9 biotechnology research to cure sickle-cell disease (SCD) based on addressing historical and current injustices in SCD research and care. I show that her second and third arguments suffer from roughly the same defect, which is that they really argue for something else rather than for conducting CRISPR/Cas9 research in particular. For instance, the second argument argues that conducting this gene therapy research would improve the relationship between SCD sufferers (...)
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  31. Beyond Experience. [REVIEW]Scott Berman - 1994 - Review of Metaphysics 47 (4):845-846.
    Swartz attempts the commendable task of motivating nonprofessional philosophers to engage in the activity of identifying and criticizing their own metaphysical theories. He does this first by explaining what a metaphysical theory is and how to evaluate it, and second by examining the plausibility of various theories concerning space, time, properties, synchronic identity, diachronic identity, and personal identity. A professional philosopher will find it easy to read. An upper-level undergraduate or beginning graduate student would, I imagine, find it challenging at (...)
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  32. Plato's Individuals. By Mary Margaret McCabe. [REVIEW]Scott Berman - 1996 - Modern Schoolman 73 (4):356-359.
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  33. Why Can't Geometers Cut Themselves on the Acutely Angled Objects of Their Proofs? Aristotle on Shape as an Impure Power.Brad Berman - 2017 - Méthexis 29 (1):89-106.
    For Aristotle, the shape of a physical body is perceptible per se (DA II.6, 418a8-9). As I read his position, shape is thus a causal power, as a physical body can affect our sense organs simply in virtue of possessing it. But this invites a challenge. If shape is an intrinsically powerful property, and indeed an intrinsically perceptible one, then why are the objects of geometrical reasoning, as such, inert and imperceptible? I here address Aristotle’s answer to that problem, focusing (...)
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  34. Haslanger, Marx, and the Social Ontology of Unitary Theory: Debating Capitalism’s Relationship to Race and Gender.Aaron Berman - 2022 - Journal of Social Ontology 8 (1):118–150.
    Taking up a recent critique of Nancy Fraser by Sally Haslanger, this paper defends the primary thesis of Marxist-Feminist unitarytheory that the systematic reproduction of modern forms of racial and gendered oppression is due to their co-articulation with thereproduction of capitalist social relations against three criticisms offered by Haslanger. It develops its defense of Fraser’s articulation of unitary theory by acknowledging a social ontological deficit in that theory insofar as it does not contain a theory of thesocial construction of human (...)
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  35. Esperienze, linguaggio, giustificazione. Su "A Manual of Experimental Philosophy" di David Berman.Daniele Bertini - 2011 - Giornale di Metafisica 33 (3):469-482.
    David Berman's work on experimental philosophy is a defence of a traditional approach to empiricism against both contemporary rationalism and logico-analytic philosophy. While his approach focuses on empirical evidence in support of theoretical claims, Berman distinguishes his position from the kind of experimentalism recently risen from the analytic world. After having highlighted the merit of Berman's approach to philosophy, I comment on his main views, addressing particularly the relationship between language, intuitions and experience from the standpoint of (...)
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  36. Platonism and the Objects of Science. By Scott Berman[REVIEW]Caleb Estep - 2023 - American Catholic Philosophical Quarterly 97 (1):141-143.
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  37. Ilyenkov e la filosofia marxista-leninista. Introduzione a Dialettica leninista e metafisica del positivismo di Evald Ilyenkov.Carlo Di Mascio - 2024 - Firenze: Phasar Edizioni.
    Can Marxist-Leninist philosophy disregard dialectical materialism, the analysis of material and social contradictions, the need to overcome and resolve them in the service of revolutionary transformation? ‘Does the lecturer acknowledge that the philosophy of Marxism is dialectical materialism’, as Lenin asked Bogdanov one day in May 1908? What had 'official Soviet Marxism' really become, capable of combining ideological dictatorship with militant philosophical ignorance, in turn justified by the achievements of modern science, skilfully used as an instrument of domination and preservation (...)
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  38. Poder, derecho y secularización. Un apunte sobre Lutero.Marta Garcia-Alonso - 2005 - Revista de Estudios Políticos 129: 281-301..
    The topic I address in this paper is whether the independence of Church and State brought about by the Lutheran Reformation tantamounted to the secularisation of the latter. Taking into account two recent essays by Harold Berman and John Witte on the Lutheran contribution to the Western legal tradition, I argue that Luther’s criticism of the catholic doctrine of Papal power came hand in hand with a theologization of the foundations of the authority of the State, which is difficult (...)
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  39. Finite axiomatizability of logics of distributive lattices with negation.Sérgio Marcelino & Umberto Rivieccio - forthcoming - Logic Journal of the IGPL.
    This paper focuses on order-preserving logics defined from varieties of distributive lattices with negation, and in particular on the problem of whether these can be axiomatized by means Hilbert-style calculi that are finite. On the negative side, we provide a syntactic condition on the equational presentation of a variety that entails failure of finite axiomatizability for the corresponding logic. An application of this result is that the logic of all distributive lattices with negation is not finitely axiomatizable; we likewise establish (...)
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  40. Fallacious Analogical Reasoning and the Metaphoric Fallacy to a Deductive Inference (MFDI).Claudio Ternullo & Giuseppe Sergioli - 2014 - Isonomia (Epistemologica) 5:159-178.
    In this article, we address fallacious analogical reasoning and the Metaphoric Fallacy to a Deductive Inference (MFDI), recently discussed by B. Lightbody and M. Berman (2010). We claim that the authors’ proposal to introduce a new fallacy is only partly justified. We also argue that, in some relevant cases, fallacious analogical reasoning involving metaphors is only affected by the use of quaternio terminorum.
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  41. Is Science Neurotic?Nicholas Maxwell - 2004 - London: World Scientific.
    In this book I show that science suffers from a damaging but rarely noticed methodological disease, which I call rationalistic neurosis. It is not just the natural sciences which suffer from this condition. The contagion has spread to the social sciences, to philosophy, to the humanities more generally, and to education. The whole academic enterprise, indeed, suffers from versions of the disease. It has extraordinarily damaging long-term consequences. For it has the effect of preventing us from developing traditions and institutions (...)
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  42. (1 other version)Introduction.Miroslav Imbrišević - 2023 - In Sport, Law and Philosophy: The Jurisprudence of Sport. New York, NY: Routledge.
    Most people will not be familiar with the term ‘jurisprudence of sport’ (JOS). The idea is that looking at sport through the eyes of a legal scholar might illuminate our understanding of certain problems in sport (and vice versa). The term was first introduced in 2011, in the title of a paper by Mitchell N. Berman, who is also a contributor to this book. In the present volume we have contributions from around the world: Italy, Spain, Germany, Australia, Great (...)
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  43. Fisiologia do Estro e do Serviço na Reprodução Bovina.Emanuel Isaque Cordeiro da Silva & Emanuel Isaque Da Silva - manuscript
    FISIOLOGIA DA REPRODUÇÃO BOVINA: 2 - ESTRO E SERVIÇO -/- -/- INTRODUÇÃO -/- -/- A identificação de vacas em cio (estro ou cio) é, sem dúvida, a prática mais importante no manejo da reprodução do rebanho leiteiro. Apesar dos avanços no conhecimento da fisiologia da reprodução a nível celular e molecular, a identificação de vacas em estro continua sendo o problema reprodutivo mais importante e o que mais causa prejuízos econômicos. Na indústria de laticínios no Brasil, seu impacto não foi (...)
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  44. Berkeley's Rejection of Divine Analogy.Stephen H. Daniel - 2011 - Science Et Esprit 63 (2):149-161.
    Berkeley argues that claims about divine predication (e.g., God is wise or exists) should be understood literally rather than analogically, because like all spirits (i.e., causes), God is intelligible only in terms of the extent of his effects. By focusing on the harmony and order of nature, Berkeley thus unites his view of God with his doctrines of mind, force, grace, and power, and avoids challenges to religious claims that are raised by appeals to analogy. The essay concludes by showing (...)
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  45. Retributivism revisited.Nathan Hanna - 2014 - Philosophical Studies 167 (2):473-484.
    I’ll raise a problem for Retributivism, the view that legal punishment is justified on the basis of desert. I’ll focus primarily on Mitchell Berman’s recent defense of the view. He gives one of the most sophisticated and careful statements of it. And his argument is representative, so the problem I’ll raise for it will apply to other versions of Retributivism. His insights about justification also help to make the problem particularly obvious. I’ll also show how the problem extends to (...)
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  46. On the immorality of threatening.Scott A. Anderson - 2011 - Ratio 24 (3):229-242.
    A plausible explanation of the wrongfulness of threatening, advanced most explicitly by Mitchell Berman, is that the wrongfulness of threatening derives from the wrongfulness of the act threatened. This essay argues that this explanation is inadequate. We can learn something important about the wrongfulness of threatening (with implications for thinking about coercion) by comparing credible threats to some other claims of impending harm. A credible bluff threat to do harm is likely to be more and differently wrongful than making (...)
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  47. Child rape, moral outrage, and the death penalty.Susan A. Bandes - 2008 - Northwestern University Law Review Colloquy 103.
    In *Engaging Capital Emotions,* Douglas Berman and Stephanos Bibas argue that emotion is central to understanding and evaluating the death penalty, and that the emotional case for the death penalty for child rape may be even stronger than for adult murder. Both the Berman and Bibas article and the subsequent Supreme Court decision in Kennedy v. Louisiana (striking down the death penalty for child rape) raise difficult questions about how to measure the heinousness of crimes other than murder, (...)
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