Results for 'legal indeterminacy'

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  1. A Critique of Critical Legal Studies' Claim of Legal Indeterminacy.Ian Carlo Dapalla Benitez - 2015 - Lambert Academic Publishing.
    This paper challenges the Critical Legal Studies (CLS) claims of legal indeterminacy. It shall use a legal formalist logic and language as its main assertion, further maintaining that the CLS claims is only grounded in ambiguity and confusion. CLS is a legal theory that challenges and overturns accepted norms and standards in legal theory and practice. They maintained that law in the historical and contemporary society has an alleged impartiality, and it is used as (...)
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  2. Legal Form and Legal Legitimacy: The IHRA Definition of Antisemitism as a Case Study in Censored Speech”.Rebecca Ruth Gould - 2018 - Law, Culture and the Humanities 1 (online first).
    The challenge posed by legal indeterminacy to legal legitimacy has generally been considered from points of view internal to the law and its application. But what becomes of legal legitimacy when the legal status of a given norm is itself a matter of contestation? This article, the first extended scholarly treatment of the International Holocaust Remembrance Alliance (IHRA)’s new definition of antisemitism, pursues this question by examining recent applications of the IHRA definition within the UK (...)
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  3. Legal Text as a Description of a Possible World.Marcin Matczak - manuscript
    In this paper I outline a comprehensive theory of legal interpretation based on an assumption that legal text, understood as the aggregate of texts of all legal acts in force at a particular time and place, describes one rational and coherent possible world. The picture of this possible world is decoded from the text by interpreters and serves as a holistic model to which the real world is adjusted when the law is applied. From the above premise (...)
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  4.  41
    H.L.A. Hart’s Lost Essay: Discretion and the Legal Process School.Geoffrey C. Shaw - 2013 - Harvard Law Review 127 (2):666-727.
    This Essay analyzes an essay by H. L. A. Hart about discretion that has never before been published, and has often been considered lost. Hart, one of the most significant legal philosophers of the twentieth century, wrote the essay at Harvard Law School in November 1956, shortly after he arrived as a visiting professor. In the essay, Hart argued that discretion is a special mode of reasoned, constrained decisionmaking that occupies a middle ground between arbitrary choice and determinate rule (...)
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  5. Fictionalising Jurisprudence: An Introduction to Strong Legal Fictionalism.David Gawthorne - 2013 - Australian Journal of Legal Philosophy 38:52-73.
    The proposed theoretical motivation for legal fictionalism begins by focusing upon the seemingly supernatural powers of creation and control that mere mortals exercise over legal things, as a subclass of socially constructed things. This focus brings to the fore a dilemma of uncharitableness concerning the ontological commitments expressed in the discourse of whole societies about such things. Either, there is widespread equivocation as to the fundamental concept expressed by terms such as ‘existence’ or our claims about legal (...)
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  6. Theories of Vagueness and Theories of Law.Alex Silk - 2019 - Legal Theory 25 (2):132-152.
    It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of (...)
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  7.  78
    Has Vagueness Really No Function in Law?David Lanius - 2013 - Sektionsbeiträge des Achten Internationalen Kongresses der Gesellschaft Für Analytische Philosophie E.V.
    When the United States Supreme Court used the expression “with all deliberate speed” in the case Brown v. Board of Education, it did so presumably because of its vagueness. Many jurists, economists, linguists, and philosophers accordingly assume that vagueness can be strategically used to one’s advantage. Roy Sorensen has cast doubt on this assumption by strictly differentiating between vagueness and generality. Indeed, most arguments for the value of vagueness go through only when vagueness is confused with generality. Sorensen claims that (...)
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  8.  57
    Problem aktywizmu i prawotwórstwa sędziowskiego w świetle współczesnych teorii interpretacji.Michał Wieczorkowski - 2018 - Warsaw University Law Review 17 (2):169-200.
    It causes many difficulties for jurisprudence to define the notion of judicial activism. At the very beginning it had rather a journalistic character, but but over time it has become a serious charge against these judges who act on the basis of their vision of what the law ought to be like rather than what it actually is like. On the ground of the polish legal theory the echoes of the dispute about judicial activism are reflected in the discussions (...)
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  9.  54
    Pytanie o kryterium poprawności wykładni prawa w świetle neopragmatyzmu Stanley'a Fisha.Michał Wieczorkowski - 2018 - Lublin, Polska: Tygiel.
    „O pełnej znajomości prawa można mówić tylko wówczas, gdy zna się prawo i wytworzone przez praktykę reguły posługiwania się nim” – pisał swego czasu Marek Zirk-Sadowski. Pogląd ten wiąże się z niezwykle istotnym sporem o kryterium poprawności dokonywanej przez sędziów wykładni prawa. Zlokalizowanie takiego kryterium wydaje się być szczególnie ważne choćby ze względu na zawartą w naszym systemie prawnym konieczność realizowania zasady trójpodziału władzy, zgodnie z którą w procesie stosowania prawa nie może dochodzić do tzw. kryptoprawotwórstwa. Celem niniejszego tekstu jest (...)
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  10. The Nature and Value of Vagueness in the Law.Hrafn Asgeirsson - 2020 - Oxford: Hart Publishing.
    Sample chapter from H. Asgeirsson, The Nature and Value of Vagueness in the Law (Hart Publishing, 2020), in which I present and partially defend a version of what has come to be called the communicative-content theory of law. Book abstract: Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes vague (...)
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  11. Religion, Reproduction and Public Policy.Edgar Dahl - 2010 - Reproductive Biomedicine Online 21:834-837.
    Many people look to religion to help resolve the serious moral and legal issues associated with assisted reproductive technologies. Doing so presupposes that religion is the cornerstone of ethics, but this assumption is not well founded. While various faiths are entitled to articulate their views on matters of human reproduction, the contradictions involved in doing so make it unwise to rely on religion in the formulation of law and policy. These contradictions – such as the indeterminacy about what (...)
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  12. The Indeterminacy Paradox: Character Evaluations and Human Psychology.Peter B. M. Vranas - 2005 - Noûs 39 (1):1–42.
    You may not know me well enough to evaluate me in terms of my moral character, but I take it you believe I can be evaluated: it sounds strange to say that I am indeterminate, neither good nor bad nor intermediate. Yet I argue that the claim that most people are indeterminate is the conclusion of a sound argument—the indeterminacy paradox—with two premises: (1) most people are fragmented (they would behave deplorably in many and admirably in many other situations); (...)
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  13. Indeterminacy and Normative Silence.J. R. G. Williams - 2012 - Analysis 72 (2):217-225.
    This paper examines two puzzles of indeterminacy. The first puzzle concerns the hypothesis that there is a unified phenomenon of indeterminacy. How are we to reconcile this with the apparent diversity of reactions that indeterminacy prompts? The second puzzle focuses narrowly on borderline cases of vague predicates. How are we to account for the lack of theoretical consensus about what the proper reaction to borderline cases is? I suggest (building on work by Maudlin) that the characteristic feature (...)
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  14. Ontic Indeterminacy: Chinese Madhyamaka in the Contemporary Context.Chien-Hsing Ho - 2020 - Australasian Journal of Philosophy 98 (3):419-433.
    A number of analytical philosophers have recently endorsed the view that the world itself is indeterminate in some respect. Intriguingly, ideas similar to the view are expressed by thinkers from Chinese Madhyamaka Buddhism, which may shed light on the current discussion of worldly indeterminacy. Using as a basis Chinese Madhyamaka thought, together with Jessica Wilson’s account of indeterminacy, I develop an ontological conception of indeterminacy, termed ontic indeterminacy, which centres on two complementary ideas—conclusive indeterminability and provisional (...)
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  15. Deep Indeterminacy in Physics and Fiction.George Darby, Martin Pickup & Jon Robson - 2017 - In Otávio Bueno, Steven French, George Darby & Dean Rickles (eds.), Thinking About Science, Reflecting on Art: Bringing Aesthetics and Philosophy of Science Together. Routledge.
    Indeterminacy in its various forms has been the focus of a great deal of philosophical attention in recent years. Much of this discussion has focused on the status of vague predicates such as ‘tall’, ‘bald’, and ‘heap’. It is determinately the case that a seven-foot person is tall and that a five-foot person is not tall. However, it seems difficult to pick out any determinate height at which someone becomes tall. How best to account for this phenomenon is, of (...)
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  16. Conditionals, Indeterminacy, and Triviality.Justin Khoo - 2013 - Philosophical Perspectives 27 (1):260-287.
    This paper discusses and relates two puzzles for indicative conditionals: a puzzle about indeterminacy and a puzzle about triviality. Both puzzles arise because of Ramsey's Observation, which states that the probability of a conditional is equal to the conditional probability of its consequent given its antecedent. The puzzle of indeterminacy is the problem of reconciling this fact about conditionals with the fact that they seem to lack truth values at worlds where their antecedents are false. The puzzle of (...)
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  17. A Theory of Metaphysical Indeterminacy.Elizabeth Barnes & J. Robert G. Williams - 2011 - In Karen Bennett & Dean W. Zimmerman (eds.), Oxford Studies in Metaphysics volume 6. Oxford University Press. pp. 103-148.
    If the world itself is metaphysically indeterminate in a specified respect, what follows? In this paper, we develop a theory of metaphysical indeterminacy answering this question.
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  18. 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 (...)
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  19. Modelling Deep Indeterminacy.George Darby & Martin Pickup - 2021 - Synthese 198:1685–1710.
    This paper constructs a model of metaphysical indeterminacy that can accommodate a kind of ‘deep’ worldly indeterminacy that arguably arises in quantum mechanics via the Kochen-Specker theorem, and that is incompatible with prominent theories of metaphysical indeterminacy such as that in Barnes and Williams (2011). We construct a variant of Barnes and Williams's theory that avoids this problem. Our version builds on situation semantics and uses incomplete, local situations rather than possible worlds to build a model. We (...)
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  20. Ontic Vagueness and Metaphysical Indeterminacy.J. Robert G. Williams - 2008 - Philosophy Compass 3 (4):763-788.
    Might it be that world itself, independently of what we know about it or how we represent it, is metaphysically indeterminate? This article tackles in turn a series of questions: In what sorts of cases might we posit metaphysical indeterminacy? What is it for a given case of indefiniteness to be 'metaphysical'? How does the phenomenon relate to 'ontic vagueness', the existence of 'vague objects', 'de re indeterminacy' and the like? How might the logic work? Are there reasons (...)
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  21.  81
    Social Indeterminacy and Quine's Indeterminacy Thesis.Samal H. R. Manee - 2017 - Contemporary Philosophy 26 (3).
    This article examines whether Willard Van Orman Quine’s indeterminacy thesis can be sustained. The argument from above, Quine argues, can derive indeterminacy as its conclusion. I will argue that the indeterminacy claim cannot be sustained. I further argue that Quine changed the formulation of the underdetermination of theory by evidence (UTE) argument from what Duhem said to the Quine/Pierce meaning verification view, in order use the new formulation of UTE to imply indeterminacy. Given all that, we (...)
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  22. Teleosemantics and Indeterminacy.Manolo Martínez - 2013 - Dialectica 67 (4):427-453.
    In the first part of the paper, I present a framework for the description and evaluation of teleosemantic theories of intentionality, and use it to argue that several different objections to these theories (the various indeterminacy and adequacy problems) are, in a certain precise sense, manifestations of the same underlying issue. I then use the framework to show that Millikan's biosemantics, her own recent declarations to the contrary notwithtanding, presents indeterminacy. In the second part, I develop a novel (...)
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  23. Causal and Moral Indeterminacy.Sara Bernstein - 2016 - Ratio 29 (4):434-447.
    This paper argues that several sorts of metaphysical and semantic indeterminacy afflict the causal relation. If, as it is plausible to hold, there is a relationship between causation and moral responsibility, then indeterminacy in the causal relation results in indeterminacy of moral responsibility more generally.
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  24. Indeterminacy and Vagueness: Logic and Metaphysics.Peter Van Inwagen - 2009 - European Journal for Philosophy of Religion 1 (2):1 - 19.
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  25. Against Quantum Indeterminacy.David Glick - 2017 - Thought: A Journal of Philosophy 6 (3):204-213.
    A growing literature is premised on the claim that quantum mechanics provides evidence for metaphysical indeterminacy. But does it? None of the currently fashionable realist interpretations involve fundamental indeterminacy and the ‘standard interpretation’, to the extent that it can be made out, doesn't require indeterminacy either.
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  26. Aristotelian Indeterminacy and the Open Future.Robert Williams - manuscript
    I explore the thesis that the future is open, in the sense that future contingents are neither true nor false. The paper is divided into three sections. In the first, I survey how the thesis arises on a variety of contemporary views on the metaphysics of time. In the second, I explore the consequences for rational belief of the ‘Aristotelian’ view that indeterminacy is characterized by truth-value gaps. In the third, I outline one line of defence for the Aristotelian (...)
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  27. Vagueness as Indeterminacy.Brian Weatherson - 2010 - In Richard Dietz & Sebastiano Moruzzi (eds.), Cuts and Clouds: Vaguenesss, its Nature and its Logic. Oxford University Press.
    Vagueness as Indeterminacy. I defend the traditional view that a vague term is one with an indeterminate denotation from a bevy of recent challenges.
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  28. Value Incomparability and Indeterminacy.Cristian Constantinescu - 2012 - Ethical Theory and Moral Practice 15 (1):57-70.
    Two competing accounts of value incomparability have been put forward in the recent literature. According to the standard account, developed most famously by Joseph Raz, ‘incomparability’ means determinate failure of the three classic value relations ( better than , worse than , and equally good ): two value-bearers are incomparable with respect to a value V if and only if (i) it is false that x is better than y with respect to V , (ii) it is false that x (...)
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  29. Metaphysical Vagueness and Metaphysical Indeterminacy.Matti Eklund - 2013 - Metaphysica 14 (2):165-179.
    The topic of this paper is whether there is metaphysical vagueness. It is shown that it is important to distinguish between the general phenomenon of indeterminacy and the more narrow phenomenon of vagueness. Relatedly, it is important to distinguish between metaphysical indeterminacy and metaphysical vagueness. One can wish to allow metaphysical indeterminacy but rule out metaphysical vagueness. As is discussed in the paper, central argument against metaphysical vagueness, like those of Gareth Evans and Mark Sainsbury, would if (...)
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  30. Events, Truth, and Indeterminacy.Achille C. Varzi - 2002 - The Dialogue 2:241-264.
    The semantics of our event talk is a complex affair. What is it that we are talking about when we speak of Brutus’s stabbing of Caesar? Exactly where and when did it take place? Was it the same event as the killing of Caesar? Some take questions such as these to be metaphysical questions. I think they are questions of semantics—questions about the way we talk and about what we mean. And I think that this conflict between metaphysic and semantic (...)
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  31. Indeterminacy of Translation and Indeterminacy of Belief.Howard Darmstadter - 1974 - Philosophical Studies 26 (3-4):229 - 237.
    I argue that quine's thesis of the indeterminacy of radical translation is incorrect. the argument exploits the connections between quine's thesis and common sense notions regarding belief. a simple model of belief, taking beliefs to be sets of brain states, is used to give a rigorous restatement of quine's thesis. it is then argued that our need to project the actions of other people from their professions of belief would make the situation quine describes unstable, since persons in that (...)
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  32. Being Metaphysically Unsettled: Barnes and Williams on Metaphysical Indeterminacy and Vagueness.Matti Eklund - 2011 - Oxford Studies in Metaphysics 6:6.
    This chapter discusses the defence of metaphysical indeterminacy by Elizabeth Barnes and Robert Williams and discusses a classical and bivalent theory of such indeterminacy. Even if metaphysical indeterminacy arguably is intelligible, Barnes and Williams argue in favour of it being so and this faces important problems. As for classical logic and bivalence, the chapter problematizes what exactly is at issue in this debate. Can reality not be adequately described using different languages, some classical and some not? Moreover, (...)
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  33. Will Done Better: Selection Semantics, Future Credence, and Indeterminacy.Fabrizio Cariani & Paolo Santorio - 2018 - Mind 127 (505):129-165.
    Statements about the future are central in everyday conversation and reasoning. How should we understand their meaning? The received view among philosophers treats will as a tense: in ‘Cynthia will pass her exam’, will shifts the reference time forward. Linguists, however, have produced substantial evidence for the view that will is a modal, on a par with must and would. The different accounts are designed to satisfy different theoretical constraints, apparently pulling in opposite directions. We show that these constraints are (...)
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  34. Legal Burdens of Proof and Statistical Evidence.Georgi Gardiner - forthcoming - In James Chase & David Coady (eds.), The Routledge Handbook of Applied Epistemology. Routledge.
    In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases suggests (...)
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  35.  35
    Framing Indeterminacy: Pedagogical Journey Into Experimental Architectural Thinking.Aleksandra Raonic & Claudia Westermann - 2018 - Technoetic Arts 16 (2):137-151.
    This paper presents and discusses design studio outcomes developed in response to a studio brief linked to the Fun Palace Futures initiative of the Royal British Institute of British Architects (RIBA) in honour of architect Cedric Price and artist Joan Littlewood. The studio brief was collaboratively developed by the authors. Its core question was: How could the thoughts that guided the development and design of the Fun Palace – a project that was never built but is still today cited as (...)
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  36.  85
    Reflection, Conditionalization and Indeterminacy About the Future.Michael J. Shaffer - 2014 - The Reasoner 8:65-66.
    This paper shows that any view of future contingent claims that treats such claims as having indeterminate truth values or as simply being false implies probabilistic irrationality. This is because such views of the future imply violations of reflection, special reflection and conditionalization.
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  37. Constructivism and the Problem of Normative Indeterminacy.Yair Levy - 2019 - Journal of Value Inquiry 53 (2):243-253.
    I describe a new problem for metaethical constructivism. The problem arises when agents make conflicting judgments, so that the constructivist is implausibly committed to denying they have any reason for any of the available options. The problem is illustrated primarily with reference to Sharon Street’s version of constructivism. Several possible solutions to the problem are explained and rejected.
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  38.  31
    The Indeterminacy of Translation and Radical Interpretation.Ali Hossein Khani - 2021 - Internet Encyclopedia of Philosophy.
    The Indeterminacy of Translation and Radical Interpretation The indeterminacy of translation is the thesis that translation, meaning, and reference are all indeterminate: there are always alternative translations of a sentence and a term, and nothing objective in the world can decide which translation is the right one. This is a skeptical conclusion because what it … Continue reading The Indeterminacy of Translation and Radical Interpretation →.
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  39. On How to Avoid the Indeterminacy of Translation.Panu Raatikainen - 2005 - Southern Journal of Philosophy 43 (3):395-413.
    Quine’s thesis of the indeterminacy of translation has puzzled the philosophical community for several decades. It is unquestionably among the best known and most disputed theses in contemporary philosophy. Quine’s classical argument for the indeterminacy thesis, in his seminal work Word and Object, has even been described by Putnam as “what may well be the most fascinating and the most discussed philosophical argument since Kant’s Transcendental Deduction of the Categories” (Putnam, 1975a: p. 159).
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  40. Indeterminacy and Triviality.Paolo Santorio & Robert Williams - manuscript
    Suppose that you're certain that a certain sentence, e.g. "Frida is tall", lacks a determinate truth value. What cognitive attitude should you take towards it—reject it, suspend judgment, or what else? We show that, by adopting a seemingly plausible principle connecting credence in A and Determinately A, we can prove a very implausible answer to this question: i.e., all indeterminate claims should be assigned credence zero. The result is striking similar to so-called triviality results in the literature on modals and (...)
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  41.  91
    Classical Indeterminacy.Robert Williams - manuscript
    This is an old draft of a paper that seeks to find the minimum cognitive/practical role for indeterminacy that we get if we assume a fully classical logic and semantics, but reject epistemicism. The ambition is to connect that classical setting to the framework for rational belief and decision I described in "Decision Making under Indeterminacy".
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  42. Projection, Indeterminacy and Moral Skepticism.Hallvard Lillehammer - 2017 - In Diego Machuca (ed.), Moral Skepticism: New Essays. New York, USA: Routledge.
    According to moral error theory, morality is something invented, constructed or made; but mistakenly presents itself to us as if it were an independent object of discovery. According to moral constructivism, morality is something invented, constructed or made. In this paper I argue that constructivism is both compatible with, and in certain cases explanatory of, some of the allegedly mistaken commitments to which arguments for moral skepticism appeal. I focus on two particular allegations that are sometimes associated with moral skepticism. (...)
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  43.  93
    Moral Indeterminacy, Normative Powers and Convention.Tom Dougherty - 2016 - Ratio 29 (4):448-465.
    Moral indeterminacy can be problematic: prospectively it can give rise to deliberative anguish, and retrospectively, it can leave us in a limbo as to what attitudes it is appropriate to form with respect to past actions with indeterminate moral status. These problems give us reason to resolve ethical indeterminacy. One mechanism for doing so involves the use of our normative powers to place obligations on ourselves and to waive our claims against others. This mechanism could operate through an (...)
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  44. Moral Case for Legal Age Change.Joona Räsänen - 2019 - Journal of Medical Ethics 45 (7):461-464.
    Should a person who feels his legal age does not correspond with his experienced age be allowed to change his legal age? In this paper, I argue that in some cases people should be allowed to change their legal age. Such cases would be when: 1) the person genuinely feels his age differs significantly from his chronological age and 2) the person’s biological age is recognized to be significantly different from his chronological age and 3) age change (...)
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  45. The Legal Self: Executive Processes and Legal Theory.William Hirstein & Katrina Sifferd - 2011 - Consciousness and Cognition 20 (1):151-176.
    When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the (...)
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  46. Indeterminacy and Assertion.Henry Jackman - manuscript
    This paper will appeal a recent argument for the indeterminacy of translation to show not that meaning is indeterminate, but rather that assertion cannot be explained in terms of an independent grasp of the concept of truth. In particular, it will argue that if we try to explain assertion in terms of truth rather than vice versa, we ultimately will not be able to make sense of the difference between assertion and denial. This problem with such 'semantic' accounts of (...)
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  47.  53
    The Indeterminacy of Plant Consciousness.C. Maher - 2021 - Journal of Consciousness Studies 28 (1-2):136-154.
    Are plants conscious? Most knowledgeable people say they aren't. A small minority say they are. Others say we don't know. Virtually all assume the predicate '– is conscious' is fully determinate; plants are or aren't in its extension. Appealing to Mark Wilson's work on predicates and concepts, I challenge that assumption, proposing that the predicate isn't determinate for plants. I offer the start of an explanation for why this is so. We tacitly rely on many empirical correlations when we correctly (...)
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  48. The Indeterminacy of Genes: The Dilemma of Difference in Medicine and Health Care.Jamie P. Ross - 2017 - Social Theory and Health 1 (15):1-24.
    How can researchers use race, as they do now, to conduct health-care studies when its very definition is in question? The belief that race is a social construct without “biological authenticity” though widely shared across disciplines in social science is not subscribed to by traditional science. Yet with an interdisciplinary approach, the two horns of the social construct/genetics dilemma of race are not mutually exclusive. We can use traditional science to provide a rigorous framework and use a social-science approach so (...)
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  49. Angst, Indeterminacy and Conflicting Values.Robert Williams - 2016 - Ratio 29 (4):412-433.
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  50. Metaphysical Indeterminacy, Supervenience, and Emergence.Robert Williams - manuscript
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