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Results for 'W. Ken Jackson'
970 found
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- Considerações legais e forenses do aborto infeccioso bovino na “Saúde Única”: Revisão (18th edition).Jackson Barros Do Amaral, Vinícius José Moreira Nogueira & Wendell da Luz Silva (eds.) - 2024 - Londrina: Pubvet.In Brazil, the social demand for veterinary expertise is growing. However, there is still a shortage of professionals trained in this area to apply specific knowledge to each case. Studies and research into forensic veterinary medicine are necessary for veterinary experts to assist in investigations and legal proceedings. Veterinary medicine has subjects on its curriculum that cover the knowledge needed to apply in the fields of animal health, public health and the environment. The interaction between human and veterinary medicine, as (...)
- Maximalism vs. Omnism about Permissibility.Douglas W. Portmore - manuscriptThe performance of one option can entail the performance of another. For instance, I have the option of baking a pumpkin pie as well as the option of baking a pie, and the former entails the latter. Now, suppose that both of these options are permissible. This raises the issue of which, if either, is more fundamental than the other. Is baking a pie permissible because it’s permissible to perform some instance of pie-baking, such as pumpkin-pie baking? Or is baking (...)
- Induktion und Wahrscheinlichkeit. Ein Gedankenaustausch mit Karl Popper.Georg J. W. Dorn - 2002 - In Edgar Morscher (ed.), Was wir Karl R. Popper und seiner Philosophie verdanken. Zu seinem 100. Geburtstag. Sankt Augustin: Academia Verlag.Zwischen 1987 und 1994 sandte ich 20 Briefe an Karl Popper. Die meisten betrafen Fragen bezüglich seiner Antiinduktionsbeweise und seiner Wahrscheinlichkeitstheorie, einige die organisatorische und inhaltliche Vorbereitung eines Fachgesprächs mit ihm in Kenly am 22. März 1989 (worauf hier nicht eingegangen werden soll), einige schließlich ganz oder in Teilen nicht-fachliche Angelegenheiten (die im vorliegenden Bericht ebenfalls unberücksichtigt bleiben). Von Karl Popper erhielt ich in diesem Zeitraum 10 Briefe. Der bedeutendste ist sein siebter, bestehend aus drei Teilen, geschrieben am 21., 22. (...)
- Wombs, Wizards, and Wisdom: Bilbo's Journey from Childhood in The Hobbit.Rory W. Collins - 2020 - Crossing Borders: A Multidisciplinary Journal of Undergraduate Scholarship 4.In The Hobbit, J. R. R. Tolkien constructs middle-aged Bilbo Baggins as a sheltered and emotionally immature ‘child’ during the opening chapters before tracing his development into an autonomous, self-aware adult as the tale progresses. This article examines Tolkien’s novel qua bildungsroman through both a literary lens—considering setting, dialogue, and symbolism, among other techniques—and via a psychological framework, emphasizing an Eriksonian conception of development. Additionally, Peter Jackson’s three-part film adaptation of The Hobbit is discussed throughout with ways that
- Blocking the A Priori Passage.Andreas Elpidorou - 2014 - Acta Analytica 29 (3):285-307.I defend the claim that physicalism is not committed to the view that non-phenomenal macrophysical truths are a priori entailed by the conjunction of microphysical truths , basic indexical facts , and a 'that's all' claim . I do so by showing that Chalmers and Jackson's most popular and influential argument in support of the claim that PIT ⊃ M is a priori, where 'M' stands for any ordinary, non-phenomenal, macroscopic truth, falls short of establishing its conclusion. My objection (...)
- Permissivism About Religious Belief.Elizabeth Jackson - manuscriptIn this chapter, I argue that theistic belief is permissive belief. This is not a universal claim about persons or normative domains, but the claim that, for many common bodies of evidence, epistemic rationality is permissive about whether God exists. Marks of a permissive belief are rational disagreement over time, rational disagreement over persons, and powerful evidence on both sides. I argue that theistic belief fits all these criteria. I also show how considerations from divine hiddenness support permissivism about theism. (...)
- Abduction and Composition.Ken Aizawa & Drew B. Headley - 2022 - Philosophy of Science 89 (2):268-82.Some New Mechanists have proposed that claims of compositional relations are justified by combining the results of top-down and bottom-up interlevel interventions. But what do scientists do when they can perform, say, a cellular intervention, but not a subcellular detection? In such cases, paired interlevel interventions are unavailable. We propose that scientists use abduction and we illustrate its use through a case study of the ionic theory of resting and action potentials.
- Applied Ethics: An Impartial Introduction.Elizabeth Jackson, Tyron Goldschmidt, Dustin Crummett & Rebecca Chan - 2021 - Indianapolis, IN: Hackett Publishing. Edited by Tyron Goldschmidt, Dustin Crummett & Rebecca Chan.This book is devoted to applied ethics. We focus on six popular and controversial topics: abortion, the environment, animals, poverty, punishment, and disability. We cover three chapters per topic, and each chapter is devoted to a famous or influential argument on the topic. After we present an influential argument, we then consider objections to the argument, and replies to the objections. The book is impartial, and set up in order to equip the reader to make up her own mind about (...)
- Let's Not Do Responsibility Skepticism.Ken M. Levy - 2023 - Journal of Applied Philosophy 40 (3):458-73.I argue for three conclusions. First, responsibility skeptics are committed to the position that the criminal justice system should adopt a universal nonresponsibility excuse. Second, a universal nonresponsibility excuse would diminish some of our most deeply held values, further dehumanize criminals, exacerbate mass incarceration, and cause an even greater number of innocent people (nonwrongdoers) to be punished. Third, while Saul Smilansky's ‘illusionist’ response to responsibility skeptics – that even if responsibility skepticism is correct, society should maintain a responsibility‐realist/retributivist criminal justice (...)
- Wagering Against Divine Hiddenness.Elizabeth Jackson - 2016 - European Journal for Philosophy of Religion 8 (4):85-108.J.L. Schellenberg argues that divine hiddenness provides an argument for the conclusion that God does not exist, for if God existed he would not allow non-resistant non-belief to occur, but non-resistant non-belief does occur, so God does not exist. In this paper, I argue that the stakes involved in theistic considerations put pressure on Schellenberg’s premise that non-resistant non-belief occurs. First, I specify conditions for someone’s being a resistant non-believer. Then, I argue that many people fulfill these conditions because, given (...)
- Program explanation: A general perspective.Frank Jackson & Philip Pettit - 1990 - Analysis 50 (2):107-17.Some properties are causally relevant for a certain effect, others are not. In this paper we describe a problem for our understanding of this notion and then offer a solution in terms of the notion of a program explanation.
- In Defense of Clutter.Brendan Balcerak Jackson, DiDomenico David & Kenji Lota - 2022 - Ergo: An Open Access Journal of Philosophy 9.Gilbert Harman’s famous principle of Clutter Avoidance commands that “one should not clutter one’s mind with trivialities". Many epistemologists have been inclined to accept Harman’s principle, or something like it. This is significant because the principle appears to have robust implications for our overall picture of epistemic normativity. Jane Friedman (2018) has recently argued that one potential implication is that there are no genuine purely evidential norms on belief revision. In this paper, we present some new objections to a suitably (...)
- The multiple realization of human color vision revisited.Ken Aizawa - 2022 - Frontiers in Psychology 13.Over the last 25 years, there has been a concerted effort to settle questions about multiple realization by bringing detailed scientific evidence to bear. Ken Aizawa and Carl Gillett have pursued this scientific approach to multiple realization with a precise theory and applications. This paper reviews the application of the Dimensioned approach to human color vision, addressing objections that have appeared in the literature.
- How Much Ambiguity Aversion? Finding Indifferences between Ellsberg's Risky and Ambiguous Bets.Ken Binmore, Lisa Stewart & Alex Voorhoeve - 2012 - Journal of Risk and Uncertainty 45 (3):215-38.Experimental results on the Ellsberg paradox typically reveal behavior that is commonly interpreted as ambiguity aversion. The experiments reported in the current paper find the objective probabilities for drawing a red ball that make subjects indifferent between various risky and uncertain Ellsberg bets. They allow us to examine the predictive power of alternative principles of choice under uncertainty, including the objective maximin and Hurwicz criteria, the sure-thing principle, and the principle of insufficient reason. Contrary to our expectations, the principle of (...)
- The First Amendment in Education: May Faculty at Public Schools Be Disciplined for Political Hate Speech?Ken Levy - 2024 - William and Mary Bill of Rights Journal 33 (1):169-207.At a House hearing on December 5, 2023, the presidents of three universities—Harvard, MIT, and the University of Pennsylvania—refused to state that certain kinds of hate speech, specifically calls for genocide of Jews, are prohibited on their campuses. The backlash against two of them, Harvard’s Claudine Gay and Penn’s Liz Magill, was swift and devastating; both of them were successfully pressured to resign. Still, while Professors Gay’s and Magill’s responses were widely criticized as tone-deaf, they were legally correct. At many (...)
- The autonomy of psychology in the age of neuroscience.Ken Aizawa & Carl Gillet - 2011 - In Phyllis McKay Illari Federica Russo (ed.), Causality in the Sciences. Oxford University Press. pp. 202--223.Sometimes neuroscientists discover distinct realizations for a single psychological property. In considering such cases, some philosophers have maintained that scientists will abandon the single multiply realized psychological property in favor of one or more uniquely realized psychological properties. In this paper, we build on the Dimensioned theory of realization and a companion theory of multiple realization to argue that this is not the case. Whether scientists postulate unique realizations or multiple realizations is not determined by the neuroscience alone, but by (...)
- Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject to Criminal Punishment And to Preventive Detention.Ken Levy - 2011 - San Diego Law Review 48:1299-1395.I argue for two propositions. First, contrary to the common wisdom, we may justly punish individuals who are not morally responsible for their crimes. Psychopaths – individuals who lack the capacity to feel sympathy – help to prove this point. Scholars are increasingly arguing that psychopaths are not morally responsible for their behavior because they suffer from a neurological disorder that makes it impossible for them to understand, and therefore be motivated by, moral reasons. These same scholars then infer from (...)
- Motivating the Search for Alternatives to Personal OmniGod Theism: The Case from Classical Theism.Ken Perszyk - 2018 - European Journal for Philosophy of Religion 10 (4):97-118.Analytic philosophers of religion typically take God to be ‘the personal omniGod’ – a person who is omnipotent, omniscient and omnibenevolent, and who creates and sustains all else that exists. Analytic philosophers also tend to assume that the personal omniGod is the God of ‘classical’ theism. Arguably, this is a mistake. To be consistent, a classical theist or her supporter must deny that God is literally a person. They need not, however, deny the aptness of using personal language, or of (...)
- Does Situationism Excuse? The Implications of Situationism for Moral Responsibility and Criminal Responsibility.Ken Levy - 2015 - Arkansas Law Review 68:731-787.In this Article, I will argue that a person may be deserving of criminal punishment even in certain situations where she is not necessarily morally responsible for her criminal act. What these situations share in common are two things: the psychological factors that motivate the individual’s behavior are environmentally determined and her crime is serious, making her less eligible for sympathy and therefore less likely to be acquitted. -/- To get to this conclusion, I will proceed in four steps. In (...)
- On Three Arguments Against Metaphysical Libertarianism.Ken M. Levy - 2023 - Review of Metaphysics 76 (4):725-748.I argue that the three strongest arguments against metaphysical libertarianism—the randomness objection, the constitutive luck objection, and the physicalist objection—are actually unsuccessful and therefore that metaphysical libertarianism is more plausible than the common philosophical wisdom allows. My more positive thesis, what I will refer to as “Agent Exceptionalism,” is that, when making decisions and performing actions, human beings can indeed satisfy the four conditions of metaphysical libertarianism: the control condition, the rationality condition, the ultimacy condition, and the physicalism condition.
- Epistemic Conditionals.Ken Warmbrōd - 1983 - Pacific Philosophical Quarterly 64 (3):249-265.
- Normative Ignorance: A Critical Connection Between the Insanity and Mistake of Law Defenses.Ken Levy - 2020 - Florida State University Law Review 47:411-443.This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison three (...)
- Baumann on the Monty Hall Problem and Single-Case Probabilities.Ken Levy - 2007 - Synthese 158 (1):139-151.Peter Baumann uses the Monty Hall game to demonstrate that probabilities cannot be meaningfully applied to individual games. Baumann draws from this first conclusion a second: in a single game, it is not necessarily rational to switch from the door that I have initially chosen to the door that Monty Hall did not open. After challenging Baumann's particular arguments for these conclusions, I argue that there is a deeper problem with his position: it rests on the false assumption that what (...)
- Belief, Credence, and Evidence.Elizabeth Jackson - 2020 - Synthese 197 (11):5073-5092.I explore how rational belief and rational credence relate to evidence. I begin by looking at three cases where rational belief and credence seem to respond differently to evidence: cases of naked statistical evidence, lotteries, and hedged assertions. I consider an explanation for these cases, namely, that one ought not form beliefs on the basis of statistical evidence alone, and raise worries for this view. Then, I suggest another view that explains how belief and credence relate to evidence. My view (...)
- Variable Classes.Ken Siegel - 1977 - Philosophy Research Archives 3:787-792.In his paper "Why a Class Can't Change Its Members," Richard Sharvy appears to establish the impossibility of the existence of a variable class—that is, a class that at one time has a member that is not a member of it at another time. I first indicate the importance of Sharvy's argument for our understanding of the concept of identity in the contexts of time and modality, and I summarize his argument. Sharvy says that a class C that has one (...)
- Belief and Credence: Why the Attitude-Type Matters.Elizabeth Grace Jackson - 2019 - Philosophical Studies 176 (9):2477-2496.In this paper, I argue that the relationship between belief and credence is a central question in epistemology. This is because the belief-credence relationship has significant implications for a number of current epistemological issues. I focus on five controversies: permissivism, disagreement, pragmatic encroachment, doxastic voluntarism, and the relationship between doxastic attitudes and prudential rationality. I argue that each debate is constrained in particular ways, depending on whether the relevant attitude is belief or credence. This means that epistemologists should pay attention (...)
- Conceptual Analysis and Epistemic Progress.Magdalena Balcerak Jackson - 2013 - Synthese 190 (15):3053-3074.This essay concerns the question of how we make genuine epistemic progress through conceptual analysis. Our way into this issue will be through consideration of the paradox of analysis. The paradox challenges us to explain how a given statement can make a substantive contribution to our knowledge, even while it purports merely to make explicit what one’s grasp of the concept under scrutiny consists in. The paradox is often treated primarily as a semantic puzzle. However, in “Sect. 1” I argue (...)
- An Indexical Theory of Conditionals.Ken Warmbrōd - 1981 - Dialogue 20 (4):644-664.Language theorists have recently come to have an increasing appreciation for the fact that context contributes heavily in determining our interpretation of what is said. Indeed, it now seems clear that no complete understanding of a natural language is possible without some account of the way in which context affects our interpretation of discourse. In this paper, I will attempt to explore one facet of the language – context relationship, namely, the relation between conditionals and context. The first part of (...)
- A Permissivist Defense of Pascal’s Wager.Elizabeth Grace Jackson - 2023 - Erkenntnis 88 (6):2315-2340.Epistemic permissivism is the thesis that the evidence can rationally permit more than one attitude toward a proposition. Pascal’s wager is the idea that one ought to believe in God for practical reasons, because of what one can gain if theism is true and what one has to lose if theism is false. In this paper, I argue that if epistemic permissivism is true, then the defender of Pascal’s wager has powerful responses to two prominent objections. First, I argue that (...)
- Is Descartes a Temporal Atomist?Ken Levy - 2005 - British Journal for the History of Philosophy 13 (4):627 – 674.I argue that Descartes' Second Causal Proof of God in the Third Meditation evidences, and commits him to, the belief that time is "strongly discontinuous" -- that is, that there is actually a gap between each consecutive moment of time. Much of my article attempts to reconcile this interpretation, the "received view," with Descartes' statements about time, space, and matter in his other writings, including his correspondence with various philosophers.
- How Belief-Credence Dualism Explains Away Pragmatic Encroachment.Elizabeth Jackson - 2019 - Philosophical Quarterly 69 (276):511-533.Belief-credence dualism is the view that we have both beliefs and credences and neither attitude is reducible to the other. Pragmatic encroachment is the view that practical stakes can affect the epistemic rationality of states like knowledge or justified belief. In this paper, I argue that dualism offers a unique explanation of pragmatic encroachment cases. First, I explain pragmatic encroachment and what motivates it. Then, I explain dualism and outline a particular argument for dualism. Finally, I show how dualism can (...)
- Credence: A Belief-First Approach – Erratum.Andrew Moon & Elizabeth Jackson - 2021 - Canadian Journal of Philosophy 51 (4):315-315.
- On Not Blaming and Victim Blaming.Joel Chow Ken Q. & Robert H. Wallace - 2020 - Teorema: International Journal of Philosophy 39 (3):95-128.In this paper we show that being blameworthy for not blaming and being blameworthy for victim blaming are structurally similar. Each involve the two traditional contours of moral responsibility: a knowledge condition and a control condition. But interestingly, in these cases knowledge and control are importantly interrelated. Being in a relationship with another person affords us varying degrees of knowledge about them. This knowledge in turn affords agents in relationships varying degrees of influence over one another. Cases where an agent (...)
- The Two Envelope 'Paradox'.Frank Jackson, Peter Menzies & Graham Oppy - 1994 - Analysis 54 (1):43 - 45.This paper discusses the finite version of the two envelope paradox. (That is, we treat the paradox against the background assumption that there is only a finite amount of money in the world.).
- The Phenomenology of Sensorimotor Understanding.Ken Pepper - 2014 - In M. Bishop A. Martin (ed.), Contemporary Sensorimotor Theory. Springer. pp. 53-65.This paper draws on Maurice Merleau-Ponty’s philosophy to sketch a phenomenological interpretation of the enactivist notion of sensorimotor understanding. I begin by situating Noë’s enactive theory of vision in relation to Husserlian phenomenology. I then raise three related objections to Noë’s treatment of sensorimotor understanding in terms of practical knowledge of possibilities for action. Finally, I appeal to Phenomenology of Perception to show how two of its major operative concepts – the ‘body schema’ and ‘sedimentation’ – can help to plug (...)
- Why Credences Are Not Beliefs.Elizabeth Jackson - 2022 - Australasian Journal of Philosophy 100 (2):360-370.A question of recent interest in epistemology and philosophy of mind is how belief and credence relate to each other. A number of philosophers argue for a belief-first view of the relationship between belief and credence. On the belief-first view, what it is to have a credence just is to have a particular kind of belief, that is, a belief whose content involves probabilities or epistemic modals. Here, I argue against the belief-first view: specifically, I argue that it cannot account (...)
- Commentary on Szmukler: Mental Illness, Dangerousness, and Involuntary Civil Commitment.Ken Levy & Alex Cohen - 2016 - In Daniel D. Moseley Gary J. Gala (ed.), Philosophy and Psychiatry: Problems, Intersections, and New Perspectives. Routledge. pp. 147-160.Prof. Cohen and I answer six questions: (1) Why do we lock people up? (2) How can involuntary civil commitment be reconciled with people's constitutional right to liberty? (3) Why don't we treat homicide as a public health threat? (4) What is the difference between legal and medical approaches to mental illness? (5) Why is mental illness required for involuntary commitment? (6) Where are we in our efforts to understand the causes of mental illness?
- Reflections on Mirror Man.Frank Jackson & Daniel Stoljar - 2021 - Philosophical Studies 178 (12):4227-4237.Juhani Yli-Vakkuri and John Hawthorne have recently presented a thought experiment—Mirror Man—designed to refute internalist theories of belief and content. We distinguish five ways in which the case can be interpreted and argue that on none does it refute internalism.
- Permissivist Evidentialism.Elizabeth Jackson - forthcoming - In Scott Stapleford, Kevin McCain & Matthias Steup (eds.), Evidentialism at 40: New Arguments, New Angles. Routledge.Many evidentialists are impermissivists. But there’s no in-principle reason for this. In this paper, I examine and motivate permissivist evidentialism. Not only are permissivism and evidentialism compatible but there are unique benefits that arise for this combination of views. In particular, permissivist evidentialism respects the importance of evidence while capturing its limitations and provides a plausible and attractive explanation of the relationship between the epistemic and non-epistemic. Permissivist evidentialism is thus an attractive option in logical space that hasn’t received enough (...)
- Why Retributivism Needs Consequentialism: The Rightful Place of Revenge in the Criminal Justice System.Ken Levy - 2014 - Rutgers Law Review 66:629-684.Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he didn’t? (...)
- The Relationship Between Belief and Credence.Elizabeth G. Jackson - 2020 - Philosophy Compass 15 (6):1–13.Sometimes epistemologists theorize about belief, a tripartite attitude on which one can believe, withhold belief, or disbelieve a proposition. In other cases, epistemologists theorize about credence, a fine-grained attitude that represents one’s subjective probability or confidence level toward a proposition. How do these two attitudes relate to each other? This article explores the relationship between belief and credence in two categories: descriptive and normative. It then explains the broader significance of the belief-credence connection and concludes with general lessons from the (...)
- Faith: Contemporary Perspectives.Elizabeth Jackson - 2023 - Internet Encyclopedia of Philosophy.Faith is a trusting commitment to someone or something. Faith helps us meet our goals, keeps our relationships secure, and enables us to retain our commitments over time. Faith is thus a central part of a flourishing life. -/- This article is about the philosophy of faith. There are many philosophical questions about faith, such as: What is faith? What are its main components or features? What are the different kinds of faith? What is the relationship between faith and other (...)
- Teaching & Learning Guide for: The Relationship Between Belief and Credence.Elizabeth Jackson - 2020 - Philosophy Compass 15 (6):e12670.This guide accompanies the following article(s): Jackson, E., Philosophy Compass 15/6 (2020) pp. 1-13 10.1111/phc3.12668.x.
- Skillful action in peripersonal space.Gabrielle Benette Jackson - 2014 - Phenomenology and the Cognitive Sciences 13 (2):313-334.In this article, I link the empirical hypothesis that neural representations of sensory stimulation near the body involve a unique motor component to the idea that the perceptual field is structured by skillful bodily activity. The neurophenomenological view that emerges is illuminating in its own right, though it may also have practical consequences. I argue that recent experiments attempting to alter the scope of these near space sensorimotor representations are actually equivocal in what they show. I propose resolving this ambiguity (...)
- Permissivism, Underdetermination, and Evidence.Elizabeth Jackson & Margaret Greta Turnbull - 2024 - In Maria Lasonen-Aarnio & Clayton Littlejohn (eds.), The Routledge Handbook of the Philosophy of Evidence. New York, NY: Routledge. pp. 358–370.Permissivism is the thesis that, for some body of evidence and a proposition p, there is more than one rational doxastic attitude any agent with that evidence can take toward p. Proponents of uniqueness deny permissivism, maintaining that every body of evidence always determines a single rational doxastic attitude. In this paper, we explore the debate between permissivism and uniqueness about evidence, outlining some of the major arguments on each side. We then consider how permissivism can be understood as an (...)
- Why It Is Sometimes Fair to Blame Agents for Unavoidable Actions and Omissions.Ken Levy - 2005 - American Philosophical Quarterly 42 (2):93 - 104.It is generally thought that ought implies can. If this maxim is correct, then my inability to do otherwise entails that I cannot be blamed for failing to do otherwise. In this article, however, I use Harry Frankfurt’s famous argument against the "Principle of Alternative Possibilities" (PAP) to show that the maxim is actually false, that I can be blamed for failing to do otherwise even in situations where I could not have done otherwise. In these situations, I do not (...)
- (1 other version)Criminal Responsibility.Ken M. Levy - 2019 - In Robert D. Morgan (ed.), SAGE Encyclopedia of Criminal Psychology. Sage Publishing. pp. 269-272.This invited entry offers a brief overview of criminal responsibility. -/- The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification. -/- The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both concepts were considered to (...)
- The Main Problem with USC Libertarianism.Levy Ken - 2001 - Philosophical Studies 105 (2):107-127.Libertarians like Robert Kane believe that indeterminism is necessaryfor free will. They think this in part because they hold both (1) thatmy being the ultimate cause of at least part of myself is necessary forfree will and (2) that indeterminism is necessary for this ``ultimateself-causation''. But seductive and intuitive as this ``USCLibertarianism'' may sound, it is untenable. In the end, nometaphysically coherent (not to mention empirically valid) conception ofultimate self-causation is available. So the basic intuition motivatingthe USC Libertarian is ultimately (...)
- The Solution to the Real Blackmail Paradox: The Common Link Between Blackmail and Other Criminal Threats.Ken Levy - 2007 - Connecticut Law Review 39:1051-1096.Disclosure of true but reputation-damaging information is generally legal. But threats to disclose true but reputation-damaging information unless payment is made are generally criminal. Many scholars think that this situation is paradoxical because it seems to involve illegality mysteriously arising out of legality, a criminal act mysteriously arising out of an independently legal threat to disclose conjoined with an independently legal demand for money. -/- But this formulation is not quite right. The real paradox raised by the different legal statuses (...)
- Why the Late Justice Scalia Was Wrong: The Fallacies of Constitutional Textualism.Ken Levy - 2017 - Lewis and Clark Law Review 21 (1):45-96.My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...)
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