Results for 'phenomenology of law'

980 found
Order:
  1. Statelessness and Bernhard Waldenfels' Phenomenology of the Alien.William Conklin - 2007 - Journal of the British Society for Phenomenology 38 (3):280-296.
    This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric international legal community. I then focus upon the idea that an impartial third party can resolve (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  2. The Cultural Phenomenology of Qualitative quantity - work in progress - Introduction autobiographical.Borislav Dimitrov - manuscript
    This study is about the Quality. Here I have dealt with the quality that differs significantly from the common understanding of quality /as determined quality/ that arise from the law of dialectics. This new quality is the quality of the quantity /quality of the quantitative changes/, noticed in philosophy by Plato as “quality of numbers”, and later developed by Hegel as “qualitative quantity. The difference between the known determined quality and qualitative quantity is evident in the exhibit form of these (...)
    Download  
     
    Export citation  
     
    Bookmark  
  3. Phenomenological Laws and Mechanistic Explanations.Gabriel Siegel & Carl F. Craver - 2024 - Philosophy of Science 91 (1):132-150.
    In light of recent criticisms by Woodward (2017) and Rescorla (2018), we examine the relationship between mechanistic explanation and phenomenological laws. We disambiguate several uses of the phrase “phenomenological law” and show how a mechanistic theory of explanation sorts them into those that are and are not explanatory. We also distinguish the problem of phenomenological laws from arguments about the explanatory power of purely phenomenal models, showing that Woodward and Rescorla conflate these problems. Finally, we argue that the temptation to (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  4. The Transition to Self-consciousness in The Phenomenology of Spirit.Caroline Bowman - 2022 - Review of Metaphysics 76 (2):267-303.
    Abstract:This article provides a novel interpretation of the so-called transition to self-consciousness in The Phenomenology of Spirit, where Hegel argues that the failure of the protagonist consciousness to formulate an understanding of the world in terms of forces and laws necessitates the shift to an investigation of its own self-conscious subjectivity. The author argues that we can make sense of the transition by attending to Hegel's account of the metaphysical structure of forces and laws, on the one hand, and (...)
    Download  
     
    Export citation  
     
    Bookmark  
  5. The Hierarchical Model and H. L. A. Hart's Concept of Law.Massimo La Torre - 2013 - Revus 21:141-161.
    Law is traditionally related to the practice of command and hierarchy. It seems that a legal rule should immediately establish a relation between a superior and an inferior. This hierarchical and authoritharian view might however be challenged once the phenomenology of the rule is considered from the internal point of view, that is, from the stance of those that can be said to “use” rather than to “suffer” the rules themselves. A practice oriented approach could in this way open (...)
    Download  
     
    Export citation  
     
    Bookmark  
  6. The Social Impact Theory of Law.Keton Joshua - 2015 - Phenomenology and Mind 9:130-137.
    Margaret Gilbert’s work on sociality covers a wide range of topics, and as she puts it “addresses matters of great significance to several philosophical specialties – including ethics, epistemology, political philosophy, philosophy of science, and philosophy of law – and outside philosophy as well” (Gilbert 2013, p. 1). Herein I argue that Mark Greenberg’s recent call to eliminate the problem of legal normativity is well motivated. Further, I argue that Gilbert’s work on joint commitment, and more specifically obligations of joint (...)
    Download  
     
    Export citation  
     
    Bookmark  
  7. Acts of the State and Representation in Edith Stein.Hamid Taieb - 2020 - Journal of Social Ontology 6 (1):21-45.
    This paper discusses the thesis defended by Edith Stein that certain acts can be attributed to the State. According to Stein, the State is a social structure characterized by sovereignty. As such, it is responsible for the production, interpretation, and application of law. These tasks require the performance of acts, most of which are what Stein calls “social acts” like enactments and orders. For Stein, the acts in question are made by the organs of the State, but in the name (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  8.  92
    Essential Laws: On Ideal Objects and their Properties in Early Phenomenology.Guillaume Fréchette - 2015 - In Bruno Leclercq, Sébastien Richard & Denis Seron (eds.), Objects and Pseudo-Objects Ontological Deserts and Jungles from Brentano to Carnap. Boston: de Gruyter. pp. 143-166.
    In the present paper, I try to shed some light on the Munich-Göttingen conception of essences, laws of essence, and ideal objects. I first start with a preliminary account of their conception of the synthetic a priori at the basis of their conception of essence (§2); I then offer a first characterization of this conception, which I label as metaphysical realism (§3), highlighting its key concept: foundation (§4). In the last four sections (§§5-8), I discuss different outcomes of this conception (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  9. Proof phenomenon as a function of the phenomenology of proving.Inês Hipólito - 2015 - Progress in Biophysics and Molecular Biology 119:360-367.
    Kurt Gödel wrote (1964, p. 272), after he had read Husserl, that the notion of objectivity raises a question: “the question of the objective existence of the objects of mathematical intuition (which, incidentally, is an exact replica of the question of the objective existence of the outer world)”. This “exact replica” brings to mind the close analogy Husserl saw between our intuition of essences in Wesensschau and of physical objects in perception. What is it like to experience a mathematical proving (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  10. Phenomenology as Proto-Computationalism: Do the Prolegomena Indicate a Computational Reading of the Logical Investigations?Jesse D. Lopes - 2023 - Husserl Studies 39 (1):47-68.
    This essay examines the possibility that phenomenological laws might be implemented by a computational mechanism by carefully analyzing key passages from the Prolegomena to Pure Logic. Part I examines the famous Denkmaschine passage as evidence for the view that intuitions of evidence are causally produced by computational means. Part II connects the less famous criticism of Avenarius & Mach on thought-economy with Husserl's 1891 essay 'On the Logic of Signs (Semiotic).' Husserl is shown to reaffirm his earlier opposition to associationist (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  11. ‘And Yet It Moves’: The Physics, Metaphysics, and Phenomenology of Time’s Passage.E. J. Rogers - 2024 - Dissertation, University of Iowa
    The aim of this dissertation is to convince you that time passes. It is commonly held that a belief in time’s passage is in conflict with relativistic physics and that our phenomenology as of passage is not sufficient reason for us to believe in it. I argue that both of these views are false. Along the way I offer a typology and critique of the existing accounts of passage. I offer my own view of passage, the process view, which (...)
    Download  
     
    Export citation  
     
    Bookmark  
  12. A Phenomenological Theory of the Human Rights of an Alien.William E. Conklin - 2006 - Ethical Perspectives 13 (3):411-467.
    International human rights law is profoundly oxymoronic. Certain well-known international treaties claim a universal character for human rights, but international tribunals often interpret and enforce these either narrowly or, if widely, they rely upon sovereign states to enforce the rights against themselves. International lawyers and diplomats have usually tried to resolve the apparent contradiction by pressing for more general rules in the form of treaties, legal doctrines, and institutional procedures. Despite such efforts, aliens remain who are neither legal nor illegal (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  13. The fundamental laws of physics can tell the truth.Renat Nugayev - 1991 - International Studies in the Philosophy of Science 5 (1):79 – 87.
    INTERNATIONAL STUDIES IN THE PHILOSOPHY OF SCIENCE Vol. 5, number 1, Autumn 1991, pp. 79-87. R.M. Nugayev. -/- The fundamental laws of physics can tell the truth. -/- Abstract. Nancy Cartwright’s arguments in favour of phenomenological laws and against fundamental ones are discussed. Her criticisms of the standard cjvering-law account are extended using Vyacheslav Stepin’s analysis of the structure of fundamental theories. It is argued that Cartwright’s thesis 9that the laws of physics lie) is too radical to accept. A model (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  14. Law and eschatology in Wittgenstein's early thought.Barry Smith - 1978 - Inquiry: An Interdisciplinary Journal of Philosophy 21 (1-4):425 – 441.
    The paper investigates the role played by ethical deliberation and ethical judgment in Wittgenstein's early thought in the light of twentieth?century German legal philosophy. In particular the theories of the phenomenologists Adolf Reinach, Wilhelm Schapp, and Gerhart Husserl are singled out, as resting on ontologies which are structurally similar to that of the Tractatus: in each case it is actual and possible Sachverhalte which constitute the prime ontological category. The study of the relationship between the states of affairs depicted, e.g., (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  15. Cognitive Science, Phenomenology, and the Unity of Science - Can Phenomenology Be the Foundation of Science?Jesse Lopes - 2024 - Studia Phaenomenologica 24:81-102.
    Hume once argued the basic science to be not physics but “the science of man” and the foundation of this science to be the empiricist mechanism of association governed by the law of similarity in appearance—now more popular than ever in the form of artificial neural networks. I update Hume’s picture by showing phenomenology to be centrally concerned with providing a unifying basis for all the sciences (including physics) by going beyond the psychology of associationism (passive synthesis) to reveal (...)
    Download  
     
    Export citation  
     
    Bookmark  
  16. How the Laws of Physics Can be Confronted with Experience.Rinat M. Nugayev - 1992 - Theoria Et Historia Scientiarum:24-36.
    Nancy Cartwright’s arguments in favor of the phenomenological laws and against the fundamental ones are discussed. I support and strengthen her criticism of the standard covering-law account but I am skeptical in respect to her radical conclusion that the laws of physics lie. Arguments in favor of the opposite stance are based on V.S. Stepin’s analysis of mature theory structure. A mature theory-change model presented here demonstrates how the fundamental laws of physics can be confronted with experience. Its case studies (...)
    Download  
     
    Export citation  
     
    Bookmark  
  17. “The loss of experience” in digital age: Legal implications.Nataliia Satokhina & Yulia Razmetaeva - 2021 - Phenomenology and Mind 20:128-136.
    Exploring the history of our experience, Hannah Arendt reveals not only a radical transformation of its structure, but also the loss of experience as such and its replacement with technology. In order to identify the place of law in this process, we are trying to clarify the legal aspect of experience in terms of phenomenological hermeneutics and to trace its transformation in the digital age. The experience of law is thought of as one of the aspects of our mode of (...)
    Download  
     
    Export citation  
     
    Bookmark  
  18. Phenomenological Argumentative Structure.Gilbert Plumer - 2001 - Argumentation 15 (2):173-189.
    The nontechnical ability to identify or match argumentative structure seems to be an important reasoning skill. Instruments that have questions designed to measure this skill include major standardized tests for graduate school admission, for example, the United States-Canadian Law School Admission Test (LSAT), the Graduate Record Examinations (GRE), and the Graduate Management Admission Test (GMAT). Writers and reviewers of such tests need an appropriate foundation for developing such questions--they need a proper representation of phenomenological argumentative structure--for legitimacy, and because these (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  19. Hegel's reading of Antigone tragedy.Mohaddeseh Rabbaninia - 2020 - Wisdom and Philosophy 16 (62):35-64.
    Hegel believed the Antigone tragedy not only revealed the national spirit of ancient Greece but was indeed the greatest artwork of all time. displaying the “Logic of History”, was the critical role Antigone tragedy played in the phenomenology of spirit from the standpoint of Hegel. This article will attempt to answer how Hegel reads Antigone's tragedy and how he observes the “Logic of History” in it. Ancient Greek society, In Hegel’s point of view, has constantly been the symbol of (...)
    Download  
     
    Export citation  
     
    Bookmark  
  20. Phenomenology and Human Rights.Nathalie Barbosa de la Cadena - 2023 - Phainomenon 35 (1):47-72.
    In this article I present the phenomenological tradition as a new grounding for human rights as universal rights. The hypothesis defended is to conciliate Husserl’s phenomenological method and Reinach’s a priori law in order to offer a new grounding to human rights. In order to combine Husserl and Reinach’s ideas, I propose to expand the comprehension of a priori. It would be present as eidos of each object and I name it as material a priori; it also be present in (...)
    Download  
     
    Export citation  
     
    Bookmark  
  21. The Methods of Normativity.Hass Binesh - 2017 - Canadian Journal of Law and Jurisprudence 30 (1):159.
    This essay is an examination of the relationship between phenomenology and analytic method in the philosophy of law. It proceeds by way of a case study, the requirement of compliance in Raz’s theory of mandatory norms. Proceeding in this way provides a degree of specificity that is otherwise neglected in the relevant literature on method. Drawing on insights from the philosophy of art and cognitive neuroscience, it is argued that the requirement of compliance is beset by a range of (...)
    Download  
     
    Export citation  
     
    Bookmark  
  22.  71
    Analysis of the “Other” in Gadamer and Levinas’s Thought.Muhammad Asghari - 2024 - Journal of Philosophical Theological Research 26 (2):195-218.
    In the present article, we are faced with two phenomenological philosophers who, in two different intellectual traditions, namely philosophical hermeneutics and moral phenomenology, have referred to the concept of the Other as the fundamental possibility of the individual. The other, as an ontological and common concept in the thought of Gadamer and Levinas, is the turning point of the condition for the possibility of understanding and ethics. Focusing on the concept of the other, while addressing the points of difference (...)
    Download  
     
    Export citation  
     
    Bookmark  
  23. Darcy's Law and Structural Explanation in Hydrology.James R. Hofmann & Paul A. Hofmann - 1992 - PSA: Proceedings of the Biennial Meeting of the Philosophy of Science Association 1992:23 - 35.
    Darcy's law is a phenomenological relationship for fluid flow rate that finds one of its principle applications in hydrology. Theoretical hydrologists rely upon a multiplicity of conceptual models to carry out approximate derivations of Darcy's law. These derivations provide structural explanations of the law; they require the application of fundamental principles, such as conservation of momentum, to idealized models of the porous media within which the flow occurs. In practice, recognition of the idealized conditions incorporated into models facilitates the empirical (...)
    Download  
     
    Export citation  
     
    Bookmark  
  24. Are hard choices cases of incomparability?Ruth Chang - 2012 - Philosophical Issues 22 (1):106-126.
    This paper presents an argument against the widespread view that ‘hard choices’ are hard because of the incomparability of the alternatives. The argument has two parts. First, I argue that any plausible theory of practical reason must be ‘comparativist’ in form, that is, it must hold that a comparative relation between the alternatives with respect to what matters in the choice determines a justified choice in that situation. If comparativist views of practical reason are correct, however, the incomparabilist view of (...)
    Download  
     
    Export citation  
     
    Bookmark   32 citations  
  25. Ceteris Paribus Laws and Minutis Rectis Laws.Luke Fenton-Glynn - 2016 - Philosophy and Phenomenological Research 93 (2):274-305.
    Special science generalizations admit of exceptions. Among the class of non-exceptionless special science generalizations, I distinguish minutis rectis generalizations from the more familiar category of ceteris paribus generalizations. I argue that the challenges involved in showing that mr generalizations can play the law role are underappreciated, and quite different from those involved in showing that cp generalizations can do so. I outline a strategy for meeting the challenges posed by mr generalizations.
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  26. How Essential are Essential Laws? A Thought Experiment on Physical Things and Their Givenness in Adumbrations.Harald Wiltsche - 2013 - In Karl Mertens & Ingo Günzler (eds.), Wahrnehmen, Fühlen, Handeln. Phänomenologie im Widerstreit der Methoden. Mentis. pp. 421-436.
    Husserl holds the view that givenness through adumbrations (i.e. perspectival givenness) is an essential characteristic of the givenness of spatiotemporal things. He goes so far to say that we are dealing with an essential law. In this article I try to make sense of this claim. I am also dealing with a thought experiment that is designed to show that the givenness through adumbrations is just a consequence of our physiological make-up, a view that Husserl explicitly rejects. Amongst other things, (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  27. “The Relation Between Art and Ethics in Ancient Greek Society”- Focusing on Hegel's account of ancient Greek epic and tragedy.Mohaddeseh Rabbaninia - 2018 - Logos 1 (3):162-171.
    In the chapter Spirit of the book "Phenomenology of spirit" in a section called "True spirit, ethical Life", Hegel looks into the happy state of "ethical life" in Greece. The concept of ethical life is a very crucial concept because it formulates Hegel's fundamental political and social ideal, which is to establish synthesis between the community and the individual. In this research, we study the ethical life of people who are unreasonably immersed in the customs and laws of a (...)
    Download  
     
    Export citation  
     
    Bookmark  
  28. Law, Philosophy and Responsibility: The Roman Ingarden Contribution.Michal Peno - manuscript
    This text is a kind of sketch and presents some simple ideas. The aim of this article is to carry out a critical and reflexive analysis of Roman Ingarden's philosophy of responsibility. Being a member of the phenomenological current, Ingarden mainly studied the ontological bases or conditions of responsibility by identifying different situations of responsibility. In this paper situations of responsibility have been analysed in the semantic contexts in which the word "responsibility" appears. Legally, the prescriptive contexts of using the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  29. A pragmatist challenge to constraint laws.Holly Andersen - 2017 - Metascience 27 (1):19-25.
    Meta-laws, including conservation laws, are laws about the form of more specific, phenomenological, laws. Lange distinguishes between meta-laws as coincidences, where the meta-law happens to hold because the more specific laws hold, and meta-laws as constraints to which subsumed laws must conform. He defends this distinction as a genuine metaphysical possibility, such that metaphysics alone ought not to rule one way or another, leaving it an open question for physics. Lange’s distinction marks a genuine difference in how a given meta-law (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  30. Human Rights and the Forgotten Acts of Meaning in the Social Conventions of Conceptual Jurisprudence.William Conklin - 2014 - Metodo. International Studies in Phenomenology and Philosophy 2 (1):169-199.
    This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought to (...)
    Download  
     
    Export citation  
     
    Bookmark  
  31. Towards a Concept of Embodied Autonomy: In what ways can a Patient’s Body contribute to the Autonomy of Medical Decisions?Jonathan Lewis & Søren Holm - 2023 - Medicine, Health Care and Philosophy 26 (3):451-463.
    “Bodily autonomy” has received significant attention in bioethics, medical ethics, and medical law in terms of the general inviolability of a patient’s bodily sovereignty and the rights of patients to make choices (e.g., reproductive choices) that concern their own body. However, the role of the body in terms of how it can or does contribute to a patient’s capacity for, or exercises of their autonomy in clinical decision-making situations has not been explicitly addressed. The approach to autonomy in this paper (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  32. The Equating of the Unequal.Bernhard Waldenfels & John Krummel - 2015 - Social Imaginaries 1 (2):92-102.
    This is an English translation of Waldenfels' German essay: Equality and inequality are basic elements of law, justice and politics. Equality integrates each of us into a common sphere by distributing rights, duties and chances among us. Equality turns into mere indifference as far as we get overintegrated into social orders. When differences are fading away experience loses its relief and individuals lose their face. Our critical reflections start from the inevitable paradox of making equal what is not equal. In (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  33. Mad Speculation and Absolute Inhumanism: Lovecraft, Ligotti, and the Weirding of Philosophy.Ben Woodard - 2011 - Continent 1 (1):3-13.
    continent. 1.1 : 3-13. / 0/ – Introduction I want to propose, as a trajectory into the philosophically weird, an absurd theoretical claim and pursue it, or perhaps more accurately, construct it as I point to it, collecting the ground work behind me like the Perpetual Train from China Mieville's Iron Council which puts down track as it moves reclaiming it along the way. The strange trajectory is the following: Kant's critical philosophy and much of continental philosophy which has followed, (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  34.  67
    The Sphere of Realization: The Mathematical Path of Harmonious Balance.Parker Emmerson - 2023 - Zenodo.
    From The Cone of Perception, volume one of my collected works, you will remember that one of the main topics in that work was V-Curvature, also called, "phenomenological velocity." In that work, although a solution to the v - curvature variable was provided as well as many graphs that yielded numerous jewels of spiral formulations in exquisite 3D color formations, that method by which the solution was found was not iterated. This chapter begins by showing how it is possible to (...)
    Download  
     
    Export citation  
     
    Bookmark  
  35. Husserl’s Theory of Scientific Explanation: A Bolzanian Inspired Unificationist Account.Heath Williams & Thomas Byrne - 2022 - Husserl Studies 38 (2):171-196.
    Husserl’s early picture of explanation in the sciences has never been completely provided. This lack represents an oversight, which we here redress. In contrast to currently accepted interpretations, we demonstrate that Husserl does not adhere to the much maligned deductive-nomological (DN) model of scientific explanation. Instead, via a close reading of early Husserlian texts, we reveal that he presents a unificationist account of scientific explanation. By doing so, we disclose that Husserl’s philosophy of scientific explanation is no mere anachronism. It (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  36. The Ineffability of Induction.David Builes - 2020 - Philosophy and Phenomenological Research 104 (1):129-149.
    My first goal is to motivate a distinctively metaphysical approach to the problem of induction. I argue that there is a precise sense in which the only way that orthodox Humean and non-Humean views can justify induction is by appealing to extremely strong and unmotivated probabilistic biases. My second goal is to sketch what such a metaphysical approach could possibly look like. After sketching such an approach, I consider a toy case that illustrates the way in which such a metaphysics (...)
    Download  
     
    Export citation  
     
    Bookmark   11 citations  
  37.  68
    Interfaith Marriage of North Sulawesi Multicultural Community in Minority Fiqh Perspective.Gunawan Edi, Hakim Budi Rahmat, Reza Adeputra Tohis & Mash'ud Imam - 2024 - Al-Ihkam: Jurnal Hukum Dan Pranata Sosial 19 (2):384-412.
    The teachings of Islam and the Indonesian constitution clearly prohibit interfaith marriage. However, some Muslim communities in North Sulawesi as a minority group have entered into interfaith marriages. Therefore, this study aims to analyze the phenomenon of interreligious marriage in North Sulawesi and the achievement of minority fiqh objectives in interfaith families. This research is a field research that uses qualitative methods with a phenomenological approach. Data collection was conducted through interviews with informants consisting of 5 interfaith marriage actors, 1 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  38. Precis of belief, inference, and the self‐conscious mind.Eric Marcus - 2024 - Philosophy and Phenomenological Research 108 (3):833-837.
    Philosophy and Phenomenological Research, EarlyView.
    Download  
     
    Export citation  
     
    Bookmark  
  39. On the Cognition of States of Affairs.Barry Smith - 1987 - In Kevin Mulligan (ed.), Speech Act and Sachverhalt: Reinach and the Foundations of Realist Phenomenology. Reidel. pp. 189-225.
    The theory of speech acts put forward by Adolf Reinach in his "The A Priori Foundations of the Civil Law" of 1913 rests on a systematic account of the ontological structures associated with various different sorts of language use. One of the most original features of Reinach's account lies in hIs demonstration of how the ontological structure of, say, an action of promising or of commanding, may be modified in different ways, yielding different sorts of non-standard instances of the corresponding (...)
    Download  
     
    Export citation  
     
    Bookmark   24 citations  
  40. On the Importance of a Human-Scale Breadth of View: Reading Tallis' Freedom.Jan Halák - 2022 - Human Affairs 32 (4):439-452.
    This paper is my commentary on Raymond Tallis’ book Freedom: An Impossible Reality (2021). Tallis argues that the laws described by science are dependent on human agency which extracts them from nature. Consequently, human agency cannot be explained as an effect of natural laws. I agree with Tallis’ main argument and I appreciate that he helps us understand the systematic importance of a human-scale breadth of view regarding any theoretical investigation. In the main part of the paper, I critically comment (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  41. Natural Cybernetics and Mathematical History: The Principle of Least Choice in History.Vasil Penchev - 2020 - Cultural Anthropology (Elsevier: SSRN) 5 (23):1-44.
    The paper follows the track of a previous paper “Natural cybernetics of time” in relation to history in a research of the ways to be mathematized regardless of being a descriptive humanitarian science withal investigating unique events and thus rejecting any repeatability. The pathway of classical experimental science to be mathematized gradually and smoothly by more and more relevant mathematical models seems to be inapplicable. Anyway quantum mechanics suggests another pathway for mathematization; considering the historical reality as dual or “complimentary” (...)
    Download  
     
    Export citation  
     
    Bookmark  
  42. Advance Directives: regarding the recovery of subjectivity between independence and self-narration.Giuliana Leocata - 2018 - Journal of Philosophical Criticism 1 (1):89-106.
    After 41 years from the approval of the first living will law in 1976 in California, on December 22nd 2017 the bill on “Rules on in- formed consent and advance directives” has been approved in Italy. The applicability of the law highlights a lack of a univocal methodol- ogy regarding the recovery process of the patient’s subjective dimension under a testamentary will; so, it seemed useful to highlight the passages that occur between the drafting and the use of an advance (...)
    Download  
     
    Export citation  
     
    Bookmark  
  43. Forms of Judgment as a Link between Mind and the Concepts of Substance and Cause.Srećko Kovač - 2014 - In Miroslaw Szatkowski & Marek Rosiak (eds.), Substantiality and Causality. Boston: De Gruyter. pp. 51-66.
    The paper sets out from Göodel's question about primitive concepts, in connection with Gödel's proposal of the employment of phenomenological method. The author assumes that the answer that can be found in Kant is relevant as a starting point. In a modification of the approach by K. Reich, a reconstruction of Kant's "deduction'' of logical forms of judgment is presented, which serve Kant as the basis for his "metaphysical deduction of categories'' including substantiality and causality. It is proposed that different (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  44.  56
    Précis of “Metaphilosophie als einheitliche Disziplin” (Springer/Metzler, 2023).Michael Lewin - unknown
    The frequent use of the term ‘metaphilosophy’ and the corresponding research in the 1960s may lead to the conclusion that there has been a development of a new discipline, a formation of a new kind of philosophical discourse. Such questions as, “What is philosophy?”, “What kind of questions does philosophy ask?”, “Which methods does it adopt to answer them?” and “Is there progress in philosophy?” are put at the center of attention. They constitute a separate research field. Just as the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  45. The Cognitive Significance of Kant's Third Critique.Michael Joseph Fletcher - 2011 - Dissertation, University of California, Santa Barbara
    This dissertation aims at forging an archetectonic link between Kant's first and third Critiques within a cognitive-semantic framework. My aim is to show how the major conceptual innovations of Kant’s third Critique can be plausibly understood in terms of the theoretical aims of the first, (Critique of Pure Reason). However, unlike other cognition-oriented approaches to Kant's third Critique, which take the point of contact between the first and third Critique's to be the first Critique's Transcendental Analytic, I link these two (...)
    Download  
     
    Export citation  
     
    Bookmark  
  46. 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 presupposed (...)
    Download  
     
    Export citation  
     
    Bookmark  
  47. The racialization of Muslim veils: A philosophical analysis.Alia Al-Saji - 2010 - Philosophy and Social Criticism 36 (8):875-902.
    This article goes behind stereotypes of Muslim veiling to ask after the representational structure underlying these images. I examine the public debate leading to the 2004 French law banning conspicuous religious signs in schools and French colonial attitudes to veiling in Algeria, in conjunction with discourses on the veil that have arisen in other western contexts. My argument is that western perceptions and representations of veiled Muslim women are not simply about Muslim women themselves. Rather than representing Muslim women, these (...)
    Download  
     
    Export citation  
     
    Bookmark   38 citations  
  48. The Epistemic Import of Affectivity: A Husserlian Account.Jacob Martin Rump - 2017 - Midwest Studies in Philosophy 41 (1):82-104.
    I argue that, on Husserl's account, affectivity, along with the closely related phenomenon of association, follows a form of sui generis lawfulness belonging to the domain of what Husserl calls motivation, which must be distinguished both (1) from the causal structures through which we understand the body third-personally, as a material thing; and also (2) from the rational or inferential structures at the level of deliberative judgment traditionally understood to be the domain of epistemic import. In effect, in addition to (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  49. The Analytic Pragmatist Conception of the A Priori: C. I. Lewis and Wilfrid Sellars.James O'Shea - 2017 - In Sarin Marchetti & Maria Baghramian (eds.), Pragmatism and the European Traditions: Encounters with Analytic Philosophy and Phenomenology Before the Great Divide. London and New York: Routledge. pp. 203–227.
    ABSTRACT: It is a familiar story that Kant’s defence of our synthetic a priori cognition in the Critique of Pure Reason suffered sharp criticism throughout the extended philosophical revolutions that established analytic philosophy, the pragmatist tradition, and the phenomenological tradition as dominant philosophical movements in the first half of the twentieth century. One of the most important positive adaptations of Kant’s outlook, however, was the combined analytic and pragmatist conceptions of the a priori that were developed by the American philosophers (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  50. The Logic of Opacity.Andrew Bacon & Jeffrey Sanford Russell - 2017 - Philosophy and Phenomenological Research 99 (1):81-114.
    We explore the view that Frege's puzzle is a source of straightforward counterexamples to Leibniz's law. Taking this seriously requires us to revise the classical logic of quantifiers and identity; we work out the options, in the context of higher-order logic. The logics we arrive at provide the resources for a straightforward semantics of attitude reports that is consistent with the Millian thesis that the meaning of a name is just the thing it stands for. We provide models to show (...)
    Download  
     
    Export citation  
     
    Bookmark   21 citations  
1 — 50 / 980