Results for 'legal metaphor'

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  1. Kant's Legal Metaphor and the Nature of a Deduction.Ian Proops - 2003 - Journal of the History of Philosophy 41 (2):209-229.
    This essay partly builds on and partly criticizes a striking idea of Dieter Henrich. Henrich argues that Kant's distinction in the first Critique between the question of fact (quid facti) and the question of law (quid juris) provides clues to the argumentative structure of a philosophical "Deduction". Henrich suggests that the unity of apperception plays a role analogous to a legal factum. By contrast, I argue, first, that the question of fact in the first Critique is settled by the (...)
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  2. Legal Metaphoric Artifacts.Corrado Roversi - manuscript
    In this paper I take it for granted that legal institutions are artifacts. In general, this can very well be considered a trivial thesis in legal philosophy. As trivial as this thesis may be, however, to my knowledge no legal philosopher has attempted an analysis of the peculiar reality of legal phenomena in terms of the reality of artifacts, and this is particularly striking because there has been much discussion about artifacts in general philosophy (specifically analytic (...)
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  3.  73
    Good Legal Thought: What Wordsworth Can Teach Langdell About Forms, Frames, Choices, and Aims.Harold Anthony Lloyd - 2016 - Vermont Law Review 41 (1):1-22.
    Langdellian “science” and its “formalism” ignore ways form permits and even creates freedom of choice. For example, as Wordsworth notes, though the weaver is restricted by what his form of loom can weave, the weaver may nonetheless choose what and how he weaves. Furthermore, the loom creates weaving possibilities that do not exist without it. Such freedom alongside form is often lost on lawyers, judges, and teachers trained primarily in Langdellian redacted appellate cases where “facts” and other framed matters often (...)
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  4.  88
    Law as Trope: Framing and Evaluating Conceptual Metaphors.Lloyd Harold Anthony - 2016 - Pace Law Review 37.
    Like others who work with language, many lawyers no doubt appreciate good kennings. However, metaphors also play a much deeper role in thought and law than style, ornament, or verbal virtuosity. As we shall see, metaphors play a necessary role in our categories of thought. As a result, metaphors are a necessary part of thought itself, including legal thought.
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  5. The Labour Theory of Property and Marginal Productivity Theory.David Ellerman - 2016 - Economic Thought 5 (1):19.
    After Marx, dissenting economics almost always used 'the labour theory' as a theory of value. This paper develops a modern treatment of the alternative labour theory of property that is essentially the property theoretic application of the juridical principle of responsibility: impute legal responsibility in accordance with who was in fact responsible. To understand descriptively how assets and liabilities are appropriated in normal production, a 'fundamental myth' needs to be cleared away, and then the market mechanism of appropriation can (...)
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  6. Theory Without Practice is Empty; Practice Without Theory is Blind: The Inherent Inseparability of Doctrine and Skills.Harold Anthony Lloyd - 2017 - In Linda H. Edwards (ed.), The Doctrine Skills Divide: Legal Education's Self-Inflicted Wound. Durham, NC, USA: pp. 77-90.
    This article maintains that the so-called theory-practice divide in legal education is not only factually false but semantically impossible. -/- As to the divide's falsity, practitioners have of course performed excellent scholarship and academics have excelled in practice. As to the divide's semantic impossibility, this article examines, among other things: -/- (1) the essential role of experience in meaning, -/- (2) the resulting inseparability of theory and practice in the world of experience, -/- (3) problems the divide shares in (...)
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  7. What Metaphors Mean.Donald Davidson - 1978 - Critical Inquiry 5 (1):31-47.
    The concept of metaphor as primarily a vehicle for conveying ideas, even if unusual ones, seems to me as wrong as the parent idea that a metaphor has a special meaning. I agree with the view that metaphors cannot be paraphrased, but I think this is not because metaphors say something too novel for literal expression but because there is nothing there to paraphrase. Paraphrase, whether possible or not, inappropriate to what is said: we try, in paraphrase, to (...)
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  8.  86
    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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  9. Realism and Antirealism.Randall Harp & Kareem Khalifa - 2016 - In A. Rosenberg & L. McIntyre (eds.), Routledge Companion to Philosophy of Social Science. London, UK: Routledge. pp. 254-269.
    Our best social scientific theories try to tell us something about the social world. But is talk of a “social world” a metaphor that we ought not take too seriously? In particular, do the denizens of the social world—cultural values like the Protestant work ethic, firms like ExxonMobil, norms like standards of dress and behavior, institutions like the legal system, teams like FC Barcelona, conventions like marriages—exist? The question is not merely academic. Social scientists use these different social (...)
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  10. Metaphors of Intersectionality: Framing the Debate with a New Image.Maria Rodó-Zárate & Marta Jorba - 2020 - European Journal of Women's Studies.
    Whereas intersectionality presents a fruitful framework for theoretical and empirical research, some of its fundamental features present great confusion. The term ‘intersectionality’ and its metaphor of the crossroads seem to reproduce what it aims to avoid: conceiving categories as separate. Despite the attempts for developing new metaphors that illustrate the mutual constitution relation among categories, gender, race or class keep being imagined as discrete units that intersect, mix or combine. Here we identify two main problems in metaphors: the lack (...)
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  11. 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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  12. Legal Epistemology.Georgi Gardiner - 2019 - Oxford Bibliographies Online.
    An annotated bibliography of legal epistemology.
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  13. Martial Metaphors and Argumentative Virtues and Vices.Ian James Kidd - forthcoming - In Alessandra Tanesini & Michael Lynch (eds.), Polarisation, Arrogance, and Dogmatism: Philosophical Perspectives. London: Routledge.
    This Chapter challenges the common claim that vicious forms of argumentative practice, like interpersonal arrogance and discursive polarisation, are caused by martial metaphors, such as ARGUMENT AS WAR. I argue that the problem isn’t the metaphor, but our wider practices of metaphorising and the ways they are deformed by invidious cultural biases and prejudices. Drawing on feminist argumentation theory, I argue that misogynistic cultures distort practices of metaphorising in two ways. First, they spotlight some associations between the martial and (...)
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  14. Psychoanalysis, Metaphor, and the Concept of Mind.Jim Hopkins - 2000 - In M. Levine (ed.), The Analytic Freud. Routledge. pp. 11--35.
    In order to understand both consciousness and the Freudian unconscious we need to understand the notion of innerness that we apply to the mind. We can partly do so via the use of the theory of conceptual metaphor, and this casts light on a number of related topics.
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  15.  24
    Legal Evidence and Knowledge.Georgi Gardiner - forthcoming - In Clayton Littlejohn & Maria Lasonen Aarnio (eds.), The Routledge Handbook of the Philosophy of Evidence.
    This essay is an accessible introduction to the proof paradox in legal epistemology. -/- In 1902 the Supreme Judicial Court of Maine filed an influential legal verdict. The judge claimed that in order to find a defendant culpable, the plaintiff “must adduce evidence other than a majority of chances”. The judge thereby claimed that bare statistical evidence does not suffice for legal proof. -/- In this essay I first motivate the claim that bare statistical evidence does not (...)
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  16. Ironic Metaphor Interpretation.Mihaela Popa - 2010 - Toronto Working Papers in Linguistics 33:1-17.
    This paper examines the mechanisms involved in the interpretation of utterances that are both metaphorical and ironical. For example, when uttering 'He's a real number-cruncher' about a total illiterate in maths, the speaker uses a metaphor with an ironic intent. I argue that in such cases both logically and psychologically, the metaphor is prior to irony. I hold that the phenomenon is then one of ironic metaphor, which puts a metaphorical meaning to ironic use, rather than an (...)
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  17. Metaphors in the Wealth of Nations.Sergio Volodia Marcello Cremaschi - 2002 - In Boehm Stephan, Christian Gehrke, Heinz D. Kurz & Richard Sturn (eds.), Is There Progress in Economics? Cheltenham, UK: Edward Elgar. pp. 89-114.
    This paper reconstructs the ways in which metaphors are used in the text of “The Wealth of Nations”. Its claims are: a) metaphor statements are basically similar to those in the “Theory of the Moral Sentiments”; b) the metaphors’ ‘primary subjects’ refer to mechanics, hydraulics, blood circulation, agriculture, medicine; c) metaphors may be lumped together into a couple of families, the family of mechanical analogies, and that of iatro-political analogies. Further claims are: a basic physico-moral analogy is the framework (...)
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  18. Legal proof and statistical conjunctions.Lewis D. Ross - 2020 - Philosophical Studies 178 (6):2021-2041.
    A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are (...)
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  19. Against Legal Probabilism.Martin Smith - 2021 - In Jon Robson & Zachary Hoskins (eds.), The Social Epistemology of Legal Trials. Routledge.
    Is it right to convict a person of a crime on the basis of purely statistical evidence? Many who have considered this question agree that it is not, posing a direct challenge to legal probabilism – the claim that the criminal standard of proof should be understood in terms of a high probability threshold. Some defenders of legal probabilism have, however, held their ground: Schoeman (1987) argues that there are no clear epistemic or moral problems with convictions based (...)
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  20. Living Metaphor.Clive Cazeaux - 2011 - Studi Filosofici 34 (1):291-308.
    The concept of ‘living metaphor’ receives a number of articulations within metaphor theory. A review of four key theories – Nietzsche, Ricoeur, Lakoff and Johnson, and Derrida – reveals a distinction between theories which identify a prior, speculative nature working on or with metaphor, and theories wherein metaphor is shown to be performatively always, already active in thought. The two cannot be left as alternatives because they exhibit opposing theses with regard to the ontology of (...), but neither can an impartial philosophical appraisal of the most cogent or defensible theory be made, since the status and conduct of philosophy are part of the problem. Two responses to the predicament from within ‘living metaphor’ theory are considered: (1) Lakoff and Johnson’s ecological spirituality thesis which promises to make the contest redundant on the grounds that the origin of human concepts in our shared, embodied condition in the world removes all obstructions; (2) taking the lead from Nietzsche and Ricoeur, an approach based on the intersection of discourses, not as a resolution but as a gesture which allows the conflict to speak about ‘living metaphor’. (1) is shown to be unsuccessful, but (2) results in ‘living metaphor’ emerging as an attentiveness to questions of what does and does not belong, inspired by tensions between ‘is’ and ‘is not’, ‘from this perspective’ and ‘from that perspective’, and ‘is spoken about’ and ‘is spoken with’. (shrink)
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  21. Identical Legal Entities and the Trinity: Relative-Social Trinitarianism.James Goetz - 2016 - Journal of Analytic Theology 4:128-146.
    Goetz outlined legal models of identical entities that include natural persons who are identical to a coregency and natural persons who are identical to a general partnership. Those entities cohere with the formula logic of relative identity. This essay outlines the coexistence of relative identity and numerical identity in the models of identical legal entities, which is impure relative identity. These models support the synthesis of Relative Trinitarianism and Social Trinitarianism, which I call Relative-Social Trinitarianism.
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  22.  26
    Metaphors in Invasion Biology: Implications for Risk Assessment and Management of Non-Native Species.Laura N. H. Verbrugge, Rob S. E. W. Leuven & Hub Zwart - 2016 - Ethics, Policy and Environment 19 (3):273-284.
    Metaphors for describing the introduction, impacts, and management of non-native species are numerous and often quite outspoken. Policy-makers have adopted increasingly disputed metaphorical terms from scientific discourse. We performed a critical analysis of the use of strong metaphors in reporting scientific findings to policy-makers. Our analysis shows that perceptions of harm, invasiveness or nativeness are dynamic and inevitably display multiple narratives in science, policy or management. Improving our awareness of multiple expert and stakeholder narratives that exist in the context of (...)
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  23.  89
    Legal Directives and Practical Reasons.Noam Gur - 2018 - Oxford University Press.
    This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- At the outset, (...)
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  24. Why Machine-Information Metaphors Are Bad for Science and Science Education.Massimo Pigliucci & Maarten Boudry - 2011 - Science & Education 20 (5-6):471.
    Genes are often described by biologists using metaphors derived from computa- tional science: they are thought of as carriers of information, as being the equivalent of ‘‘blueprints’’ for the construction of organisms. Likewise, cells are often characterized as ‘‘factories’’ and organisms themselves become analogous to machines. Accordingly, when the human genome project was initially announced, the promise was that we would soon know how a human being is made, just as we know how to make airplanes and buildings. Impor- tantly, (...)
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  25. 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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  26. Mathematical Metaphors in Natorp’s Neo-Kantian Epistemology and Philosophy of Science.Thomas Mormann - 2005 - In Falk Seeger, Johannes Lenard & Michael H. G. Hoffmann (eds.), Activity and Sign. Grounding Mathematical Education. Springer.
    A basic thesis of Neokantian epistemology and philosophy of science contends that the knowing subject and the object to be known are only abstractions. What really exists, is the relation between both. For the elucidation of this “knowledge relation ("Erkenntnisrelation") the Neokantians of the Marburg school used a variety of mathematical metaphors. In this con-tribution I reconsider some of these metaphors proposed by Paul Natorp, who was one of the leading members of the Marburg school. It is shown that Natorp's (...)
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  27. Legal Institutionalism: Capitalism and the Constitutive Role of Law.Simon Deakin, David Gindis, Geoffrey M. Hodgson, Kainan Huang & Katharina Pistor - 2017 - Journal of Comparative Economics 45 (1):188-20.
    Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts (...)
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  28. 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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  29. Bias and Knowledge: Two Metaphors.Erin Beeghly - 2020 - In Erin Beeghly & Alex Madva (eds.), An Introduction to Implicit Bias: Knowledge, Justice, and the Social Mind. New York, NY, USA: pp. 77-98.
    If you care about securing knowledge, what is wrong with being biased? Often it is said that we are less accurate and reliable knowers due to implicit biases. Likewise, many people think that biases reflect inaccurate claims about groups, are based on limited experience, and are insensitive to evidence. Chapter 3 investigates objections such as these with the help of two popular metaphors: bias as fog and bias as shortcut. Guiding readers through these metaphors, I argue that they clarify the (...)
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  30.  90
    Metaphor, Truth, and Representation.Richmond Kwesi - 2018 - In Piotr Stalmaszczyk (ed.), Objects of Inquiry in Philosophy of Language and Linguistics. Berlin, Germany: pp. 117-146.
    Do metaphorical sentences express facts or represent states of affairs in the world? Can a metaphorical statement tell us ‘what there is’? These questions raise the issue of whether metaphors can be used to make truth-claims; that is, whether metaphors can be regarded as assertions that can be evaluated as true or false. Some theorists on metaphor have argued for a negative answer to the above-mentioned questions. They have claimed, among others, that metaphorical utterances are non-descriptive uses of language (...)
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  31.  21
    Metaphorical Ripples.Joyce C. Havstad - 2019 - Philosophy, Theory, and Practice in Biology 11.
    The overarching argument of Currie’s Rock, Bone, and Ruin is that we should be optimistic rather than pessimistic about what the historical sciences can tell us, even about the deep past. To adopt either of these two positions is to take a stance on how the historical sciences tend to perform—on whether they tend to do well, or poorly, when it comes to informing us about the past.
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  32. Metaphors of Race: Theoretical Presuppositions Behind Racism.Stephen T. Asma - 1995 - American Philosophical Quarterly 32 (1):13 - 29.
    Philosophers and scientists have historically conceptualized race according to two main metaphors; internal differentiation (theological, philosophical and genetic), and external differentiation (environmental). This paper examines these metaphors and theories in Descartes, Kant, Hegel, and also Darwin and the subsequent racial theories of recent history. The paper argues that the externalist metaphor has a more liberal and potentially egalitarian tradition.
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  33. From Computer Metaphor to Computational Modeling: The Evolution of Computationalism.Marcin Miłkowski - 2018 - Minds and Machines 28 (3):515-541.
    In this paper, I argue that computationalism is a progressive research tradition. Its metaphysical assumptions are that nervous systems are computational, and that information processing is necessary for cognition to occur. First, the primary reasons why information processing should explain cognition are reviewed. Then I argue that early formulations of these reasons are outdated. However, by relying on the mechanistic account of physical computation, they can be recast in a compelling way. Next, I contrast two computational models of working memory (...)
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  34.  82
    Moral Metaphorics: Kant After Blumenberg.Alison Ross - 2011 - Thesis Eleven 104 (1):40-58.
    This paper examines the role of formal, aesthetic elements in motivating moral action. It proposes that Blumenberg’s analysis of the existential settings of myth and metaphor provide a useful framework to consider the conception and function of the aesthetic symbol in Kantian moral philosophy. In particular, it explores the hypothesis that Blumenberg’s analysis of ‘pregnance’ and ‘rhetoric’ are useful for identifying and evaluating the processes involved in self-persuasion to the moral perspective.
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  35. Pancomputationalism: Theory or Metaphor?Vincent C. Müller - 2014 - In Ruth Hagengruber & Uwe Riss (eds.), Philosophy, computing and information science. Pickering & Chattoo. pp. 213-221.
    The theory that all processes in the universe are computational is attractive in its promise to provide an understandable theory of everything. I want to suggest here that this pancomputationalism is not sufficiently clear on which problem it is trying to solve, and how. I propose two interpretations of pancomputationalism as a theory: I) the world is a computer and II) the world can be described as a computer. The first implies a thesis of supervenience of the physical over computation (...)
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  36. What Does ‘Legal Obligation’ Mean?Daniel Wodak - 2018 - Pacific Philosophical Quarterly 99 (4):790-816.
    What do normative terms like “obligation” mean in legal contexts? On one view, which H.L.A. Hart may have endorsed, “obligation” is ambiguous in moral and legal contexts. On another, which is dominant in jurisprudence, “obligation” has a distinctively moralized meaning in legal contexts. On a third view, which is often endorsed in philosophy of language, “obligation” has a generic meaning in moral and legal con- texts. After making the nature of and disagreements between these views precise, (...)
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  37. Personal Ideals as Metaphors.Nick Riggle - 2017 - Journal of the American Philosophical Association 3 (3):265-283.
    What is it to have and act on a personal ideal? Someone who aspires to be a philosopher might imaginatively think “I am a philosopher” by way of motivating herself to think hard about a philosophical question. But doing so seems to require her to act on an inaccurate self-description, given that she isn’t yet what she regards herself as being. J. David Velleman develops the thought that action-by-ideal involves a kind of fictional self-conception. My aim is to expand our (...)
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  38. Images, Diagrams, and Metaphors: Hypoicons in the Context of Peirce's Sixty-Six-Fold Classification of Signs.Priscila Farias & João Queiroz - 2006 - Semiotica 2006 (162):287-307.
    In his 1903 Syllabus, Charles S. Peirce makes a distinction between icons and iconic signs, or hypoicons, and briefly introduces a division of the latter into images, diagrams, and metaphors. Peirce scholars have tried to make better sense of those concepts by understanding iconic signs in the context of the ten classes of signs described in the same Syllabus. We will argue, however, that the three kinds of hypoicons can better be understood in the context of Peirce's sixty-six classes of (...)
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  39. Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in Edmondson, Kindrat and Brown.Lucinda Vandervort - 2012 - In Elizabeth Sheehy (ed.), SEXUAL ASSAULT IN CANADA: LAW, LEGAL PRACTICE & WOMEN'S ACTIVISM,. Ottawa, ON, Canada: Ottawa: University of Ottawa Press. pp. 111-150.
    In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of (...)
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  40. Aerating the Mind: The Metaphor of Mental Functioning As Bodily Functioning.Steven Fesmire - 1994 - Metaphor and Symbol 9 (2):31-44.
    Recent advances in the cognitive sciences suggest that cognition is grounded in our embodied experience. This article supports this claim by analyzing the way we conceptualize our emotions metaphorically in terms of bodily processes. Our emotions are not merely matters of subjective feeling. Rather, emotions have stable conceptual structures that have emerged from our embodied activity through metaphorical projections, structures that are shared in a culture and can be disclosed by empirical inquiry. This article explores the metaphorical structuring of anxiety (...)
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  41. The Tyranny of a Metaphor.David Wiens - 2018 - Cosmos + Taxis 5 (2):13-28.
    Debates on the practical relevance of ideal theory revolve around Sen's metaphor of navigating a mountainous landscape. In *The Tyranny of the Ideal*, Gerald Gaus presents the most thorough articulation of this metaphor to date. His detailed exploration yields new insight on central issues in existing debates, as well as a fruitful medium for exploring important limitations on our ability to map the space of social possibilities. Yet Gaus's heavy reliance on the navigation metaphor obscures questions about (...)
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  42.  35
    Metaphors.Ana Pasztor - 2004 - Pragmatics and Cognition 12 (2):317-350.
    The purpose of this paper is to contextualize the study of metaphors within constructivist-informed research, in the hope that this process will orient cognitive scientists to the usefulness of implementing qualitative research methodologies, especially to using the person of the researcher as the primary research instrument. First, I explore some of the differences between Johnson and Lakoff’s Contemporary Metaphor Theory (CMT) and approaches evolving from it on one hand, and the clinical approach to metaphor based on a constructivist (...)
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  43. The Mismeasure of Machine: Synthetic Biology and the Trouble with Engineering Metaphors.Maarten Boudry & Massimo Pigliucci - 2013 - Studies in History and Philosophy of Biological and Biomedical Sciences (4):660-668.
    The scientific study of living organisms is permeated by machine and design metaphors. Genes are thought of as the ‘‘blueprint’’ of an organism, organisms are ‘‘reverse engineered’’ to discover their func- tionality, and living cells are compared to biochemical factories, complete with assembly lines, transport systems, messenger circuits, etc. Although the notion of design is indispensable to think about adapta- tions, and engineering analogies have considerable heuristic value (e.g., optimality assumptions), we argue they are limited in several important respects. In (...)
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  44. Legal Personhood and the Firm: Avoiding Anthropomorphism and Equivocation.David Gindis - 2016 - Journal of Institutional Economics 12 (3):499-513..
    From the legal point of view, "person" is not co-extensive with "human being." Nor is it synonymous with "rational being" or "responsible subject." Much of the confusion surrounding the issue of the firm’s legal personality is due to the tendency to address the matter with only these, all too often conflated, definitions of personhood in mind. On the contrary, when the term "person" is defined in line with its original meaning as "mask" worn in the legal drama, (...)
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  45. Further Defence of Legal Age Change: A Reply to the Critics.Joona Räsänen - 2019 - Journal of Medical Ethics 45 (7):471-472.
    In ‘Moral case for legal age change’, I argue that sometimes people should be allowed to change their age. I refute six immediate objections against the view that age change is permissible. I argue that the objections cannot show that legal age change should always be prohibited. In this paper, I consider some further objections against legal age change raised by Iain Brassington, Toni Saad and William Simkulet. I argue that the objections fail to show that age (...)
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  46. The Reasonable and the Relevant: Legal Standards of Proof.Georgi Gardiner - 2019 - Philosophy and Public Affairs 47 (3):288-318.
    According to a common conception of legal proof, satisfying a legal burden requires establishing a claim to a numerical threshold. Beyond reasonable doubt, for example, is often glossed as 90% or 95% likelihood given the evidence. Preponderance of evidence is interpreted as meaning at least 50% likelihood given the evidence. In light of problems with the common conception, I propose a new ‘relevant alternatives’ framework for legal standards of proof. Relevant alternative accounts of knowledge state that a (...)
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  47. Method and Metaphor in Aristotle's Science of Nature.Sean Michael Pead Coughlin - 2013 - Dissertation, University of Western Ontario
    This dissertation is a collection of essays exploring the role of metaphor in Aristotle’s scientific method. Aristotle often appeals to metaphors in his scientific practice; but in the Posterior Analytics, he suggests that their use is inimical to science. Why, then, does he use them in natural science? And what does his use of metaphor in science reveal about the nature of his scientific investigations? I approach these questions by investigating the epistemic status of metaphor in Aristotelian (...)
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  48. Internalization: A Metaphor We Can Live Without.Michael Kubovy & William Epstein - 2001 - Behavioral and Brain Sciences 24 (4):618-625.
    Shepard has supposed that the mind is stocked with innate knowledge of the world and that this knowledge figures prominently in the way we see the world. According to him, this internal knowledge is the legacy of a process of internalization; a process of natural selection over the evolutionary history of the species. Shepard has developed his proposal most fully in his analysis of the relation between kinematic geometry and the shape of the motion path in apparent motion displays. We (...)
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  49. Legal Agreements and the Capacities of Agents.Andrei Buckareff - 2014 - In Law and the Philosophy of Action. Leiden, Netherlands: Brill. pp. 195-219.
    Most work at the intersection of law and the philosophy of action focuses on criminal responsibility. Unfortunately, this focus has been at the expense of reflecting on how the philosophy of action might help illuminate our understanding of issues in civil law. In this essay, focusing on Anglo-American jurisprudence, we examine the conditions under which a party to a legal agreement is deemed to have the capacity required to be bound by that agreement. We refer to this condition as (...)
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  50. Music, Emotion and Metaphor.Nick Zangwill - 2007 - Journal of Aesthetics and Art Criticism 65 (4):391-400.
    We describe music in terms of emotion. How should we understand this? Some say that emotion descriptions should be understood literally. Let us call those views “literalist.” By contrast “nonliteralists” deny this and say that such descriptions are typically metaphorical.1 This issue about the linguistic description of music is connected with a central issue about the na- ture of music. That issue is whether there is any essential connection between music and emotion. According to what we can call “emotion theories,” (...)
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