Results for 'William Hart'

963 found
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  1. What is positivism in legal analysis?Damian Wayne Williams - forthcoming - Forthcoming.
    Legal positivism emerged in response to natural law, as an indictment on the latter’s metaphysical predilections. Natural law dominance created a yearning for empiricism, or even a ‘hard scientism’ in approach to understanding socially constructed phenomenon, including legal praxis. From its Benthamite origins, it has since been developed, with recent, spirited debate still undertaken among towering legal scholars. Although its validity is contested to some, it remains as an analytic point of view of the law. Yet, within its design, there (...)
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  2. The Official Story of the Law.William Baude & Stephen E. Sachs - 2023 - Oxford Journal of Legal Studies 43 (1):178-201.
    A legal system’s ‘official story’ is its shared account of the law’s structure and sources, which members of its legal community publicly advance and defend. In some societies, however, officials pay lip service to this shared account, while privately adhering to their own unofficial story instead. If the officials enforce some novel legal code while claiming fidelity to older doctrines, then which set of rules—if either—is the law? We defend the legal relevance of the official story, on largely Hartian grounds. (...)
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  3. Grounding Originalism.William Baude & Stephen E. Sachs - 2019 - Northwestern University Law Review 113.
    How should we interpret the Constitution? The “positive turn” in legal scholarship treats constitutional interpretation, like the interpretation of statutes or contracts, as governed by legal rules grounded in actual practice. In our legal system, that practice requires a certain form of originalism: our system’s official story is that we follow the law of the Founding, plus all lawful changes made since. Or so we’ve argued. Yet this answer produces its own set of questions. How can practice solve our problems, (...)
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  4. Invisible Author of Legal Authority.William E. Conklin - 1996 - Law and Critique 7 (2):173-192.
    The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a (...)
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  5. The invisible author of legal authority.William E. Conklin - 1996 - Dordrecht, Netherlands: Kluwer.
    The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a (...)
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  6. The Making of "The Legal Process".William M. Eskridge & Philip P. Frickey - 1994 - Harvard Law Review 107 (8):2031-2055.
    In one of the most unusual decisions in the history of legal publishing, Foundation Press is printing the 1958 "tentative edition" of Henry M. Hart, Jr. and Albert M. Sacks's teaching materials on The Legal Process: Basic Problems in the Making and Application of Law. Although The Legal Process remains unfinished to this day, it provided the agenda, much of the analytic structure, and even the name of the "legal process school" of the 1950s and the 1960s. One need (...)
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  7. The Law in Plato’s Laws: A Reading of the ‘Classical Thesis’.Luke William Hunt - 2018 - Polis 35 (1):102-126.
    Plato’s Laws include what H.L.A. Hart called the ‘classical thesis’ about the nature and role of law: the law exists to see that one leads a morally good life. This paper develops Hart’s brief remarks by providing a panorama of the classical thesis in Laws. This is done by considering two themes: (1) the extent to which Laws is paternalistic, and (2) the extent to which Laws is naturalistic. These themes are significant for a number of reasons, including (...)
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  8. Analytische Moralphilosophie: Grundlagentexte.Philipp Schwind & Sebastian Muders (eds.) - 2021 - Frankfurt am Main, Deutschland: Suhrkamp.
    Die Moralphilosophie des 20. und 21. Jahrhunderts hat mit Konsequentialismus, Deontologie, Kontraktualismus und Tugendethik nicht nur höchst einflussreiche Theorieparadigmen produktiv weiterentwickelt, sondern auch eine Reihe wichtiger neuer Probleme aufgeworfen. Der vorliegende Band versammelt zentrale Beiträge der analytischen Moralphilosophie, u. a. von David Gauthier, Shelly Kagan, Frances Kamm, Thomas Nagel, Michael Slote, Christine Swanton und Susan Wolf, die für ein Verständnis gegenwärtiger Diskussionen in der normativen Ethik unabdingbar sind. -/- Inhaltsverzeichnis: Vorwort Einleitung: Analytische Moralphilosophie der Gegenwart -/- 1. Konsequentialismus Shelly Kagan: (...)
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  9. Making Good Sense: Pragmatism's Mastery of Meaning, Truth, and Workable Rule of Law.Harold Anthony Lloyd - forthcoming - Wake Forest Journal of Law and Policy.
    The hermeneutic pragmatism explored in this article timely examines how “post-truth” claims over-estimate semantic freedoms while at the same time underestimating semantic and pre-semantic restraints. Such pragmatism also timely examines how formalists err by committing the reverse errors. Drawing on insights from James, Peirce, Putnam, Rorty, Gadamer, Derrida, and others, such hermeneutic pragmatism explores (1) the necessary role of both internal and objective experience in meaning, (2) the resulting instrumental nature of concepts required to deal with such experience, (3) the (...)
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  10. The Possibility of a Fair Play Account of Legitimacy.Justin Tosi - 2015 - Ratio 30 (1):88-99.
    The philosophical literature on state legitimacy has recently seen a significant conceptual revision. Several philosophers have argued that the state's right to rule is better characterized not as a claim right to obedience, but as a power right. There have been few attempts to show that traditional justifications for the claim right might also be used to justify a power right, and there have been no such attempts involving the principle of fair play, which is widely regarded as the most (...)
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  11. Epistemic theories of truth: The justifiability paradox investigated.Vincent C. Müller & Christian Stein - 1996 - In C. Martinez Vidal (ed.), Verdad: Logica, Representacion Y Mundo. Universidade de Santiago de Compostela. pp. 95-104.
    Epistemic theories of truth, such as those presumed to be typical for anti-realism, can be characterised as saying that what is true can be known in principle: p → ◊Kp. However, with statements of the form “p & ¬Kp”, a contradiction arises if they are both true and known. Analysis of the nature of the paradox shows that such statements refute epistemic theories of truth only if the the anti-realist motivation for epistemic theories of truth is not taken into account. (...)
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  12. Punishment and Responsibility: Essays in the Philosophy of Law.H. L. A. Hart - 1968 - Oxford University Press.
    This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.
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  13. Aesthetic Worlds: Rimbaud, Williams and Baroque Form.William Melaney - 2000 - Analecta Husserliana 69:149-158.
    The sense of form that provides the modern poet with a unique experience of the literary object has been crucial to various attempts to compare poetry to other cultural activities. In maintaining similar conceptions of the relationship between poetry and painting, Arthur Rimbaud and W. C. Williams establish a common basis for interpreting their creative work. And yet their poetry is more crucially concerned with the sudden emergence of visible "worlds" containing verbal objects that integrate a new kind of literary (...)
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  14. Discretion.H. L. A. Hart - 2013 - Harvard Law Review 127 (2):652-665.
    In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, (...)
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  15. Brain Fiction: Self-Deception and the Riddle of Confabulation.William Hirstein - 2005 - MIT Press.
    [This download contains the Table of Contents and Chapter 1.] This first book-length study of confabulation breaks ground in both philosophy and cognitive science.
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  16. Limited Aggregation’s Non-Fatal Non-Dilemma.James Hart - 2024 - Australasian Journal of Philosophy.
    Limited aggregationists argue that when deciding between competing claims to aid we are sometimes required and sometimes forbidden from aggregating weaker claims to outweigh stronger claims. Joe Horton presents a ‘fatal dilemma’ for these views. Views that land on the First Horn of his dilemma suggest that a previously losing group strengthened by fewer and weaker claims can be more choice-worthy than the previously winning group strengthened by more and stronger claims. Views that land on the Second Horn suggest that (...)
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  17. Syntactic semantics: Foundations of computational natural language understanding.William J. Rapaport - 1988 - In James H. Fetzer (ed.), Aspects of AI. D.
    This essay considers what it means to understand natural language and whether a computer running an artificial-intelligence program designed to understand natural language does in fact do so. It is argued that a certain kind of semantics is needed to understand natural language, that this kind of semantics is mere symbol manipulation (i.e., syntax), and that, hence, it is available to AI systems. Recent arguments by Searle and Dretske to the effect that computers cannot understand natural language are discussed, and (...)
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  18. Semiotic Systems, Computers, and the Mind: How Cognition Could Be Computing.William J. Rapaport - 2012 - International Journal of Signs and Semiotic Systems 2 (1):32-71.
    In this reply to James H. Fetzer’s “Minds and Machines: Limits to Simulations of Thought and Action”, I argue that computationalism should not be the view that (human) cognition is computation, but that it should be the view that cognition (simpliciter) is computable. It follows that computationalism can be true even if (human) cognition is not the result of computations in the brain. I also argue that, if semiotic systems are systems that interpret signs, then both humans and computers are (...)
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  19. Decision-Making Under Indeterminacy.J. Robert G. Williams - 2014 - Philosophers' Imprint 14.
    Decisions are made under uncertainty when there are distinct outcomes of a given action, and one is uncertain to which the act will lead. Decisions are made under indeterminacy when there are distinct outcomes of a given action, and it is indeterminate to which the act will lead. This paper develops a theory of (synchronic and diachronic) decision-making under indeterminacy that portrays the rational response to such situations as inconstant. Rational agents have to capriciously and randomly choose how to resolve (...)
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  20. Mindmelding: Consciousness, Neuroscience, and the Mind's Privacy.William Hirstein - 2012 - New York: Oxford University Press.
    [This download contains the table of contents and Chapter 1]. I argue here that the claim that conscious states are private, in the sense that only one person can ever experience them directly, is false. There actually is a way to connect the brains of two people that would allow one to have direct experience of the other's conscious, e.g., perceptual states. This would allow, for instance, one person to see that the other had deviant color perception (which was masked (...)
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  21. Capgras Syndrome: A Novel Probe for Understanding the Neural Representation of the Identity and Familiarity of Persons.William Hirstein & V. S. Ramachandran - 1997 - Proceedings of the Royal Society of London B 264:437-444.
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  22. Panpsychism, aggregation and combinatorial infusion.William Seager - 2010 - Mind and Matter 8 (2):167-184.
    Deferential Monadic Panpsychism is a view that accepts that physical science is capable of discovering the basic structure of reality. However, it denies that reality is fully and exhaustively de- scribed purely in terms of physical science. Consciousness is missing from the physical description and cannot be reduced to it. DMP explores the idea that the physically fundamental features of the world possess some intrinsic mental aspect. It thereby faces a se- vere problem of understanding how more complex mental states (...)
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  23. An introduction to cybernetics.William Ross Ashby - 1956 - New York,: J. Wiley.
    We must, therefore, make a study of mechanism; but some introduction is advisable, for cybernetics treats the subject from a new, and therefore unusual, ...
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  24.  39
    Een roos voor Emily [A Rose for Emily].William Faulkner - 2018 - de Tweede Ronde 30 (2):20-30. Translated by Martijn Boven.
    Title: "A Rose for Emily" ("Een roos voor Emily") Author: William Faulkner Translators: Martijn Boven and Maarten Jansen Original language: English Target language: Dutch -/- William Faulkner's "A Rose for Emily", presented her in a Dutch translation, was first published in 1930, in the April issue of Forum magazine. By 1930, Faulkner had already authored four novels; however, "A Rose for Emily" marked his debut in the short story genre. While not as experimental as his novels The Sound (...)
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  25. Michael DePaul and William Ramsey, eds., Rethinking Intuition: The Psychology of Intuition and its Role in Philosophical Inquiry. [REVIEW]William A. Martin - 2000 - Philosophy in Review 20 (2):96-98.
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  26. (1 other version)Force, Mood and Truth.William B. Starr - 2014 - ProtoSociology 31:160-181.
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  27. Seeing Aspects in Wittgenstein.William Day & Victor J. Krebs - 2010 - In William Day & Víctor J. Krebs (eds.), Seeing Wittgenstein Anew. Cambridge University Press.
    This is the introduction to Seeing Wittgenstein Anew, eds. William Day & Victor J. Krebs (Cambridge UP, 2010), a collection of essays on Ludwig Wittgenstein's remarks on aspect-seeing. Section 1: Why Seeing Aspects Now?; Section 2: The Importance of Seeing Aspects; Section 3: The Essays. (The front matter to Seeing Wittgenstein Anew appears above under "Books.").
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  28. (1 other version)Representationalism about consciousness.William E. Seager & David Bourget - 2007 - In Max Velmans & Susan Schneider (eds.), The Blackwell Companion to Consciousness. New York: Wiley-Blackwell. pp. 261-276.
    A representationalist-friendly introduction to representationalism which covers a number of central problems and objections.
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  29.  75
    Commemorating 9/11.William Ruddick - manuscript
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  30. Précis of William S. Robinson's Epiphenomenal Mind: An Integrated Outlook on Sensations, Beliefs and Pleasure.William Robinson - manuscript
    This précis summarizes the main topics, arguments and conclusions of the book. Many interesting arguments and critiques have, of course, been omitted in order to make this summary appropriately brief.
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  31.  38
    In Vlammen op [Barn Burning].William Faulkner - 2007 - Yang 43 (4):587-605. Translated by Martijn Boven.
    William Faulkner (1897-1962), one of the United States’ most renowned authors, was born on Sept. 25, 1897, in New Albany, Mississippi. He initially focused on poetry, culminating in his first publication: The Marble Faun (1924). Subsequently, he transitioned to prose, producing novels such as The Sound and the Fury (1929), As I lay Dying (1930), Light in August (1932) and Absalom, Absalom! (1936), which are considered his most significant works. Like most of his oeuvre, these novels are set in (...)
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  32. What Is the “Context” for Contextual Vocabulary Acquisition?William J. Rapaport - 2003 - Proceedings of the 4th Joint International Conference on Cognitive Science/7th Australasian Society for Cognitive Science Conference 2:547-552.
    “Contextual” vocabulary acquisition is the active, deliberate acquisition of a meaning for a word in a text by reasoning from textual clues and prior knowledge, including language knowledge and hypotheses developed from prior encounters with the word, but without external sources of help such as dictionaries or people. But what is “context”? Is it just the surrounding text? Does it include the reader’s background knowledge? I argue that the appropriate context for contextual vocabulary acquisition is the reader’s “internalization” of the (...)
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  33. Situating homeostasis in organisms: maintaining organization through time.William Bechtel & Leonardo Bich - 2024 - Journal of Physiology (x):1-18.
    Since it was inspired by Bernard and developed and named by Cannon, the conceptof homeostasis has been invoked by many as the central theoretical framework for physiology. Ithas also been the target of numerous criticisms that have elicited the introduction of a plethoraof alternative concepts. We argue that many of the criticisms actually target the more restrictiveaccount of homeostasis advanced by the cyberneticists. What was crucial to Bernard and Cannonwas a focus on the maintenance of the organism as the goal (...)
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  34. What 'If'?William B. Starr - 2014 - Philosophers' Imprint 14.
    No existing conditional semantics captures the dual role of 'if' in embedded interrogatives — 'X wonders if p' — and conditionals. This paper presses the importance and extent of this challenge, linking it to cross-linguistic patterns and other phenomena involving conditionals. Among these other phenomena are conditionals with multiple 'if'-clauses in the antecedent — 'if p and if q, then r' — and relevance conditionals — 'if you are hungry, there is food in the cupboard'. Both phenomena are shown to (...)
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  35. Confabulation: Views From Neuroscience, Psychiatry, Psychology, and Philosophy.William Hirstein (ed.) - 2009 - Oxford University Press.
    [This download contains the introductory chapter.] People confabulate when they make an ill-grounded claim that they honestly believe is true, for example in claiming to recall an event from their childhood that never actually happened. This interdisciplinary book brings together some of the leading thinkers on confabulation in neuroscience, psychiatry, psychology, and philosophy.
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  36. Grounding cognition: heterarchical control mechanisms in biology.William Bechtel & Leonardo Bich - 2021 - Philosophical Transactions of the Royal Society B: Biological Sciences 376 (1820).
    We advance an account that grounds cognition, specifically decision-making, in an activity all organisms as autonomous systems must perform to keep themselves viable—controlling their production mechanisms. Production mechanisms, as we characterize them, perform activities such as procuring resources from their environment, putting these resources to use to construct and repair the organism's body and moving through the environment. Given the variable nature of the environment and the continual degradation of the organism, these production mechanisms must be regulated by control mechanisms (...)
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  37. The Evolution of Consciousness & Subjectivity in a Biological Framework for The Universe.Ronald Williams - manuscript
    This paper explores the evolution of consciousness and subjectivity through a biological framework for understanding the universe. It posits that functional patterns in biological systems mirror cosmic mathematical principles, defining our objective reality. Similar to wave and Fibonacci patterns in different physical phenomena, biological patterns are intrinsic to all things and can be quantified using Dedre Gentner’s approach to analogy. For example, Earth’s ocean currents and the melting and freezing of Antarctica resemble the circulatory system and heart, while the production (...)
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  38. (1 other version)Lewis on Reference and Eligibility.J. R. G. Williams - 2015 - In Barry Loewer & Jonathan Schaffer (eds.), A companion to David Lewis. Chichester, West Sussex ;: Wiley-Blackwell. pp. 367-382.
    This paper outlines Lewis’s favoured foundational account of linguistic representation, and outlines and briefly evaluates variations and modifications. Section 1 gives an opinionated exegesis of Lewis’ work on the foundations of reference—his interpretationism. I look at the way that the metaphysical distinction between natural and non-natural properties came to play a central role in his thinking about language. Lewis’s own deployment of this notion has implausible commitments, so in section 2 I consider variations and alternatives. Section 3 briefly considers a (...)
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  39. To think or not to think.William J. Rapaport - 1988 - Noûs 22 (4):585-609.
    A critical study of John Searle's Minds, Brains and Science (Cambridge, MA: Harvard University Press, 1984).
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  40. Contextual Vocabulary Acquisition: A Computational Theory and Educational Curriculum.William J. Rapaport & Michael W. Kibby - 2002 - In Nagib Callaos, Ana Breda & Ma Yolanda Fernandez J. (eds.), Proceedings of the 6th World Multiconference on Systemics, Cybernetics and Informatics. International Institute of Informatics and Systemics.
    We discuss a research project that develops and applies algorithms for computational contextual vocabulary acquisition (CVA): learning the meaning of unknown words from context. We try to unify a disparate literature on the topic of CVA from psychology, first- and secondlanguage acquisition, and reading science, in order to help develop these algorithms: We use the knowledge gained from the computational CVA system to build an educational curriculum for enhancing students’ abilities to use CVA strategies in their reading of science texts (...)
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  41. History of scientific ideas.William Whewell - 2023 - BoD – Books on Demand.
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  42. (1 other version)Ethics and the Brains of Psychopaths: The Significance of Psychopathy for our Ethical and Legal Theories.William Hirstein & Katrina Sifferd - 2014 - In Charles T. Wolfe (ed.), Brain theory : essays in critical neurophilosophy. Palgrave-Macmillan. pp. 149-170.
    The emerging neuroscience of psychopathy will have several important implications for our attempts to construct an ethical society. In this article we begin by describing the list of criteria by which psychopaths are diagnosed. We then review four competing neuropsychological theories of psychopathic cognition. The first of these models, Newman’s attentional model, locates the problem in a special type of attentional narrowing that psychopaths have shown in experiments. The second and third, Blair’s amygdala model and Kiehl’s paralimbic model represent the (...)
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  43. In Defense of Contextual Vocabulary Acquisition: How to Do Things with Words in Context.William J. Rapaport - 2005 - In Anind Dey, Boicho Kokinov, David Leake & Roy Turner (eds.), Proceedings of the 5th International and Interdisciplinary Conference on Modeling and Using Context. Springer-Verlag Lecture Notes in Artificial Intelligence 3554. pp. 396--409.
    Contextual vocabulary acquisition (CVA) is the deliberate acquisition of a meaning for a word in a text by reasoning from context, where “context” includes: (1) the reader’s “internalization” of the surrounding text, i.e., the reader’s “mental model” of the word’s “textual context” (hereafter, “co-text” [3]) integrated with (2) the reader’s prior knowledge (PK), but it excludes (3) external sources such as dictionaries or people. CVA is what you do when you come across an unfamiliar word in your reading, realize that (...)
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  44. Against Atomic Individualism in Plural Subject Theory.Neil W. Williams - 2012 - Phenomenology and Mind 3:65-81.
    Within much contemporary social ontology there is a particular methodology at work. This methodology takes as a starting point two or more asocial or atomic individuals. These individuals are taken to be perfectly functional agents, though outside of all social relations. Following this, combinations of these individuals are considered, to deduce what constitutes a social group. Here I will argue that theories which rely on this methodology are always circular, so long as they purport to describe the formation of all (...)
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  45. Introduction: What is confabulation?William Hirstein - 2009 - In Confabulation: Views From Neuroscience, Psychiatry, Psychology, and Philosophy. Oxford University Press.
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  46. The Blame of Infertility in Families amongst the Ikwerre People of Rivers State.Grace Lawrence-Hart & Gregory Ajima Onah - 2019 - American Journal of Humanities and Social Sciences Research 3 (10).
    Infertility, the inability to get pregnant after twelve months or more regular unprotected sexual intercourse is a global phenomenon but among the Ikwerre people of Rivers State, the blame of infertility in the family is always shifted to the woman despite the discovery of modern diagnosis that reveals that men and women can be responsible for childlessness. This research brings to bear the fact that modernity has not affected the Ikwerre people on the blame game of infertility in families. Thus, (...)
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  47. The Misidentification Syndromes as Mindreading Disorders.William Hirstein - 2010 - Cognitive Neuropsychiatry 15 (1-3):233-260.
    The patient with Capgras’ syndrome claims that people very familiar to him have been replaced by impostors. I argue that this disorder is due to the destruction of a representation that the patient has of the mind of the familiar person. This creates the appearance of a familiar body and face, but without the familiar personality, beliefs, and thoughts. The posterior site of damage in Capgras’ is often reported to be the temporoparietal junction, an area that has a role in (...)
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  48. Seeing Wittgenstein Anew.William Day & Víctor J. Krebs (eds.) - 2010 - Cambridge, UK: Cambridge University Press.
    Seeing Wittgenstein Anew is the first collection to examine Ludwig Wittgenstein’s remarks on the concept of aspect-seeing. These essays show that aspect-seeing was not simply one more topic of investigation in Wittgenstein’s later writings, but, rather, that it was a pervasive and guiding concept in his efforts to turn philosophy’s attention to the actual conditions of our common life in language. Arranged in sections that highlight the pertinence of the aspect-seeing remarks to aesthetic and moral perception, self-knowledge, mind and consciousness, (...)
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  49. CASTANEDA, Hector-Neri (1924–1991).William J. Rapaport - 2005 - In John R. Shook (ed.), The Dictionary of Modern American Philosophers, 1860-1960. Thoemmes Press.
    H´ector-Neri Casta˜neda-Calder´on (December 13, 1924–September 7, 1991) was born in San Vicente Zacapa, Guatemala. He attended the Normal School for Boys in Guatemala City, later called the Military Normal School for Boys, from which he was expelled for refusing to fight a bully; the dramatic story, worthy of being filmed, is told in the “De Re” section of his autobiography, “Self-Profile” (1986). He then attended a normal school in Costa Rica, followed by studies in philosophy at the University of San (...)
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  50. الدولة والاستيلاء والعنف في فلسفة جيل دولوز وفليكس غواتاري.William Outa - manuscript
    مدخل عن فلسفة جيل دولوز وفليكس غواتاري في الدولة والعنف.
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