Results for 'phenomenology, law, role of judge'

953 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 Fate of the Act of Synthesis: Kant, Frege, and Husserl on the Role of Subjectivity in Presentation and Judgment.Jacob Rump - 2021 - Journal for the History of Analytical Philosophy 9 (11).
    I investigate the role of the subject in judgment in Kant, Frege, and Husserl, situating it in the broader and less-often-considered context of their accounts of presentation as well as judgment. Contemporary philosophical usage of “representation” tends to elide the question of what Kant called the constitution of content, because of a reluctance, traced to Frege’s anti-psychologism, to attend to subjectivity. But for Kant and Husserl, anti-psychologism allows for synthesis as the subjective act necessary for both “mere presentation” and (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  3. David Hume and the Common Law of England.Neil McArthur - 2005 - Journal of Scottish Philosophy 3 (1):67-82.
    David Hume’s legal theory has normally been interpreted as bearing close affinities to the English common law theory of jurisprudence. I argue that this is not accurate. For Hume, it is the nature and functioning of a country’s legal system, not the provenance of that system, that provides the foundation of its authority. He judges government by its ability to protect property in a reliable and equitable way. His positions on the role of equity in the law, on artificial (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  4. Balancing Freedom and Restraint: The Role of Virtue in Legal Analysis.Harold Anthony Lloyd - 2023 - Southern California Interdisciplinary Law Journal 32:315-353.
    Even if one sees the law as “a self-contained system of legal reasoning” from which we deduce “neutral,” non-political conclusions from “general principles and analogies among cases and doctrines” (including formalist claims that judges simply call “balls and strikes” like umpires in a baseball game), one should still consider certain characteristics of the party making such deductions or calling such “balls and strikes.” [Relevant citations to quoted language are in the Article.] If such decision maker has questionable motivations, lacks proper (...)
    Download  
     
    Export citation  
     
    Bookmark  
  5. Judging as Inviting Self-Trust.Edward Hinchman - 2007 - Center for 21st Century Studies Working Papers.
    [This draft is dated November 2007. I wrote it while I was a fellow at the Center for 21st Century Studies at UW-Milwaukee, in 2005-06, and published it only on the Center's website as a working paper. Many of the core ideas in this paper wound up in "Receptivity and the Will," Nous 2009, "Assertion, Sincerity, and Knowledge," Nous 2013, and "Assurance and Warrant," Philosophers' Imprint 2014 -- though formulated rather differently. What follows is the original abstract.] This working paper (...)
    Download  
     
    Export citation  
     
    Bookmark  
  6. W poszukiwaniu ontologicznych podstaw prawa. Arthura Kaufmanna teoria sprawiedliwości [In Search for Ontological Foundations of Law: Arthur Kaufmann’s Theory of Justice].Marek Piechowiak - 1992 - Instytut Nauk Prawnych PAN.
    Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  7. Retrospectivity of Judicial Interpretation of Penal Statutes.Deepa Kansra - 2009 - Journal of the Indian Law Institute 2 (51):250-266.
    The transitory and ever-evolving process of law making plays a role of primal importance in the regulation of human conduct of society. It goes without saying that in this entire process, judges have a participation. The power entrusted by law and the nature of judicial process, make judges the prime mover of the development of law. It matters how judges decide cases. It matters most to people unlucky or litigious or wicked or saintly enough to find themselves in court... (...)
    Download  
     
    Export citation  
     
    Bookmark  
  8. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  9. Making Good Sense: Pragmatism's Mastery of Meaning, Truth, and Workable Rule of Law.Harold Anthony Lloyd - forthcoming - Wake Forest Journal of Law and Policy.
    The hermeneutic pragmatism explored in this article timely examines how “post-truth” claims over-estimate semantic freedoms while at the same time underestimating semantic and pre-semantic restraints. Such pragmatism also timely examines how formalists err by committing the reverse errors. Drawing on insights from James, Peirce, Putnam, Rorty, Gadamer, Derrida, and others, such hermeneutic pragmatism explores (1) the necessary role of both internal and objective experience in meaning, (2) the resulting instrumental nature of concepts required to deal with such experience, (3) (...)
    Download  
     
    Export citation  
     
    Bookmark  
  10. 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  
  11. Cognitive Emotion and the Law.Harold Anthony Lloyd - 2016 - Law and Psychology Review 41.
    Many wrongly believe that emotion plays little or no role in legal reasoning. Unfortunately, Langdell and his “scientific” case method encourage this error. A careful review of analysis in the real world, however, belies this common belief. Emotion can be cognitive, and cognition can be emotional. Additionally, modern neuroscience underscores the “co-dependence” of reason and emotion. Thus, even if law were a certain science of appellate cases (which it is not), emotion could not be torn from such “science.” -/- (...)
    Download  
     
    Export citation  
     
    Bookmark  
  12. 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  
  13. 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, (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  14. 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  
  15. The Grotius Sanction: Deus Ex Machina. The legal, ethical, and strategic use of drones in transnational armed conflict and counterterrorism.James Welch - 2019 - Dissertation, Leiden University
    The dissertation deals with the questions surrounding the legal, ethical and strategic aspects of armed drones in warfare. This is a vast and complex field, however, one where there remains more conflict and debate than actual consensus. -/- One of the many themes addressed during the course of this research was an examination of the evolution of modern asymmetric transnational armed conflict. It is the opinion of the author that this phenomenon represents a “grey-zone”; an entirely new paradigm of warfare. (...)
    Download  
     
    Export citation  
     
    Bookmark  
  16. The Role of the Earth in Merleau-Ponty’s Archaeological Phenomenology.Dylan Trigg - 2014 - Chiasmi International 16:255-273.
    This paper argues that the concept of the Earth plays a pivotal role in Merleau-Ponty’s thinking in two ways. First, the concept assumes a special importance in terms of Merleau-Ponty’s relation to Husserl via the fragment known as “The Earth Does Not Move.” Two, from this fragment, the Earth marks a key theme around which Merleau-Ponty’s late philosophy revolves. In particular, it is with the concept of the Earth that Merleau-Ponty will develop his archaeologically oriented phenomenology. To defend this (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  17. The Role of the "We" in Hegel's Phenomenology of Spirit.Bhakti Madhava Puri - 2005 - GWFHegel.Org.
    This article will explain that the difficulty in understanding the role of the "We" in the Phenomenology arises from the confusion between the two distinct ways that consciousness appears in its basic nature, where "consciousness is, on the one hand, consciousness of the object, and on the other, consciousness of itself" (PhdG §85). Firstly, there is consciousness of an object, let's call it C(O), which also holds that there is a distinction between itself, C(O), and the object in-itself, "O." (...)
    Download  
     
    Export citation  
     
    Bookmark  
  18. The Role of Positivism in Husserl’s Transcendental Phenomenology.Yusuk Lee - 2008 - Proceedings of the Xxii World Congress of Philosophy 19:61-68.
    Husserl’s phenomenology opens itself with a critique of positive sciences. Husserl problematizes the hardcore presupposition of positivism that the world is a definite sort of an existential totality of objects and thus it is exhaustible with empirical data and deductive-conceptual abstraction on the basis of causalspatio-temoprality. Criticizing the wholesome reduction of nature into a physical reality and the instrumentalizing of theoretical reason, he proposes transcendental phenomenology, as an ideal form of science. Self-entitled as the genuine science, the science of origin, (...)
    Download  
     
    Export citation  
     
    Bookmark  
  19. The Distinctiveness of Appellate Adjudication.Heidi Li Feldman - 2012 - Washington University Journal of Jurisprudence 5:61-105.
    This paper concerns two topics which, I hope to show, are vitally connected. One is the distinctive importance of appellate adjudication in the legal system of United States. The other is the workings of entangled concepts in the law. That appellate adjudication is important in some sense may seem obvious to everybody (to a few it will seem obvious that appellate adjudication is unimportant). My point will be that via appellate adjudication courts engineer entangled legal concepts, and it is this (...)
    Download  
     
    Export citation  
     
    Bookmark  
  20. Legal Formalism, Legal Realism, and the Interpretation of Statutes and the Constitution.Richard Posner - 1986 - Case Western Reserve Law Review 37 (2):179–217.
    A current focus of legal debate is the proper role of the courts in the interpretation of statutes and the Constitution. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as legal formalists had purported to do? Or may the inquiry into meaning be informed by perhaps unbridled and unaccountable judicial notions of public policy, using legal realism to best promote the general welfare? Judge Posner considers (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  21. Sämtliche Werke: Textkritische Ausgabe in 2 Bänden.Adolf Reinach, Karl Schuhmann & Barry Smith - 1989 - Munich: Philosophia.
    The last decade has witnessed the beginnings of a remarkable convergence of Husserlian phenonenology and analytic philosophy of language, and the present volumes provide original and important texts of the phenomenological philosophy of language. Powerfully influenced by the writings of the early Husserl, Reinach fashioned Husserl’s ideas into a rigorous analytical methodology of his own, which he applied in particular to problems in logic and the theory of knowledge, and to the philosophies of law and psychology. The central role (...)
    Download  
     
    Export citation  
     
    Bookmark   34 citations  
  22. The Role of Natural Law in Gandhi's Social Utopia.Monika Kirloskar-Steinbach - 2016 - In Günther Enter Author Name Without Selecting A. Profile: Hans-Christian (ed.), Paths to Dialogue. Bautz. pp. 251-288.
    The paper attempts to develop an immanent conception of natural law and natural rights of Mohandas Karamchand Gandhi.
    Download  
     
    Export citation  
     
    Bookmark  
  23. The Role of Causation in Decision of Tort Law.Robert C. Robinson - 2010 - Journal of Law, Development and Politics 1 (2).
    Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that the three key concepts are neither necessary, nor sufficient, for tort.
    Download  
     
    Export citation  
     
    Bookmark  
  24. 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  
  25. The Normativity of Linguistic Originalism: A Speech Act Analysis.John Danaher - 2015 - Law and Philosophy 34 (4):397-431.
    The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of the constitution (...)
    Download  
     
    Export citation  
     
    Bookmark  
  26. Traditional Ethics Today. The Case of Thomas Aquinas.Angelo Campodonico - 2015 - In Elisa Grimi (ed.), Tradition as the Future of Innovation. Cambridge: Cambridge Publishing House. pp. 139-154.
    This paper concerns an ethics of our medieval tradition (in particular good, happiness, natural law and virtue) and tries to show how to recover it, facing the problems of pluralism, freedom and scientific approach in modern and contemporary age. The author points out: - The central role of the desire for good and happiness and for goods adequate or inadequate to the openness of desire (particularly of the human person). Today we speak of the meaning of life. - The (...)
    Download  
     
    Export citation  
     
    Bookmark  
  27. Of layers and lawyers.Michael Schmitz - 2020 - In Rachael Mellin, Raimo Tuomela & Miguel Garcia-Godinez (eds.), Social Ontology, Normativity and Law. Berlin, Germany: De Gruyter. pp. 221-240.
    How can the law be characterized in a theory of collective intentionality that treats collective intentionality as essentially layered and tries to understand these layers in terms of the structure and the format of the representations involved? And can such a theory of collective intentionality open up new perspectives on the law and shed new light on traditional questions of legal philosophy? As a philosopher of collective intentionality who is new to legal philosophy, I want to begin exploring these questions (...)
    Download  
     
    Export citation  
     
    Bookmark  
  28. Assessing Randomness in Case Assignment: The Case Study of the Brazilian Supreme Court.Julio Michael Stern, Diego Marcondes & Claudia Peixoto - 2019 - Law, Probability and Risk 18 (2/3):97-114.
    Sortition, i.e. random appointment for public duty, has been employed by societies throughout the years as a firewall designated to prevent illegitimate interference between parties in a legal case and agents of the legal system. In judicial systems of modern western countries, random procedures are mainly employed to select the jury, the court and/or the judge in charge of judging a legal case. Therefore, these random procedures play an important role in the course of a case, and should (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  29. On the Role of Intersubjectivity in Hegel's Encyclopaedic Phenomenology and Psychology.Heikki Ikäheimo - 2004 - Hegel Bulletin 25 (1-2):73-95.
    According to a widely shared view, a radical change took place in the role of intersubjectivity in Hegel's philosophy somewhere between Jena and Berlin. For instance, Jürgen Habermas's judgement is that whereas in the Jena writings – in the JenaRealphilosophien, and perhaps still in the 1807Phenomenology of Spirit– Hegel conceived of intersubjectivity as an essential element in the constitution of subjectivity and of objectivity, in Berlin Hegel's intersubjectivist conception was replaced by a metaphysics of the absolute I or absolute (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  30. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   12 citations  
  31. 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 and (...)
    Download  
     
    Export citation  
     
    Bookmark  
  32. Judicial Activism in the World Trade Organization: A Conundrum and Selective Approach.Kiyoung Kim - 2020 - Beijing Law Review 11 (4):827-855.
    With the establishment of the World Trade Organization in 1995, the dispute settlement mechanism for international trade was greatly prepared unlike the old GATT system. It has a very different pattern from that of original GATT system. In our case, international trade is a matter of the future of nations, and in reality of the intense world economic competition, this system change may well be of concern to our government or legal experts. In this context, this paper examines the nature (...)
    Download  
     
    Export citation  
     
    Bookmark  
  33. Structure and Role of the Board of Directors according to the Company Law of Jordan: The Need for Revision.Bashar H. Malkawi - manuscript
    Corporate governance is developing rapidly in many countries across the world. In this article, the existing state of corporate governance in Jordan is examined. Jordan does not have a corporate governance code per se. The article reveals that overall Jordan has in place some of the features of corporate governance best practice, but that there remains further progress to be made in areas such as independence of directors, compensation, and correlation between shareholding and entitlement to seats on the board. The (...)
    Download  
     
    Export citation  
     
    Bookmark  
  34. A phenomenological-enactive theory of the minimal self.Brett Welch - 2015 - Dissertation, University of St Andrews
    The purpose of this project is to argue that we possess a minimal self. It will demonstrate that minimal selfhood arrives early in our development and continues to remain and influence us throughout our entire life. There are two areas of research which shape my understanding of the minimal self: phenomenology and enactivism. Phenomenology emphasizes the sense of givenness, ownership, or mineness that accompanies all of our experiences. Enactivism says there is a sensorimotor coupling that occurs between us and the (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  35. The Cognitive Architecture of Perception.Juan Vázquez (ed.) - 2014 - Universidade de Porto.
    Putting forward an original analysis of perceiving as a cognitive attitude, as it contrasts with judging, believing and knowing, the author approaches several issues in the philosophy of perception, such as differences between presentation and representation, the natures of concepts and categorization, the justification of perceptual beliefs and their role in the justification of knowledge. His approach is influenced by phenomenology and by psychology and neuroscience of vision.
    Download  
     
    Export citation  
     
    Bookmark  
  36. The Role of Aristotle in Gadamer's Work.Carlo DaVia - 2021 - In Theodore D. George & Gert-Jan van der Heiden (eds.), The Gadamerian Mind. New York, NY: Routledge. pp. 207-220.
    This chapter reassesses the role of Aristotle in Gadamer’s work. Gadamer is sometimes read as preferential to Plato over Aristotle. Such a reading, however, displaces the centrality of Aristotle to Gadamer’s thought. Gadamer saw Aristotle, and not Plato, as the first phenomenologist. Gadamer consequently expressed a great debt to Aristotle, not only for modeling a phenomenological approach to philosophy, but also for the illuminating phenomenological descriptions that Aristotle gave. Both his philosophical approach and the insights it yielded serve as (...)
    Download  
     
    Export citation  
     
    Bookmark  
  37. 'More Likely Than Not' - Knowledge First and the Role of Statistical Evidence in Courts of Law.Michael Blome-Tillmann - 2017 - In Carter Adam, Gordon Emma & Jarvis Benjamin (eds.), Knowledge First,. Oxford University Press. pp. 278-292.
    The paper takes a closer look at the role of knowledge and evidence in legal theory. In particular, the paper examines a puzzle arising from the evidential standard Preponderance of the Evidence and its application in civil procedure. Legal scholars have argued since at least the 1940s that the rule of the Preponderance of the Evidence gives rise to a puzzle concerning the role of statistical evidence in judicial proceedings, sometimes referred to as the Problem of Bare Statistical (...)
    Download  
     
    Export citation  
     
    Bookmark   22 citations  
  38. Expectations in music.Jenny Judge & Bence Nanay - 2021 - In Jerrold Levinson (ed.), Oxford Handbook of Music and Philosophy. Oxford University PRess. pp. 997-1018.
    Almost every facet of the experience of musical listening—from pitch, to rhythm, to the experience of emotion—is thought to be shaped by the meeting and thwarting of expectations. But it is unclear what kind of mental states these expectations are, what their format is, and whether they are conscious or unconscious. Here, we distinguish between different modes of musical listening, arguing that expectations play different roles in each, and we point to the need for increased collaboration between music psychologists and (...)
    Download  
     
    Export citation  
     
    Bookmark  
  39. Kant on Moral Feeling and Practical Judgment.Nicholas Dunn - 2024 - In Edgar Valdez (ed.), Rethinking Kant Volume 7. Cambridge Scholars Press. pp. 72-96.
    Commentators have shown a steady interest in the role of feeling in Kant’s moral and practical philosophy over the last few decades. Much attention has been given to the notion of ‘moral feeling’ in general, as well as to what Kant calls the ‘feeling of respect’ for the moral law. My focus in this essay is on the role of feeling in practical judgment. My claim in what follows is that the act of judging in the practical domain—i.e., (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  40. Are the Folk Functionalists About Time?Andrew J. Latham & Kristie Miller - 2022 - Southern Journal of Philosophy 60 (2):221-248.
    This paper empirically investigates the contention that the folk concept of time is a functional concept: a concept according to which time is whatever plays a certain functional role or roles. This hypothesis could explain why, in previous research, surprisingly large percentages of participants judge that there is time at worlds that contain no one-dimensional substructure of ordered instants. If it seems to participants that even in those worlds the relevant functional role is played, then this could (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  41. Models, Unification, and Simulations: Margaret C. Morrison (1954–2021).Brigitte Falkenburg & Stephan Hartmann - 2021 - Journal for General Philosophy of Science / Zeitschrift für Allgemeine Wissenschaftstheorie 52 (1):25-33.
    The philosophy of science community mourns the loss of Margaret Catherine Morrison, who passed away on January 9, 2021, after a long battle with cancer. Margie, as she was known to all who knew her, was highly regarded for her influential contributions to the philosophy of science, particularly her studies of the role of models and simulations in the natural and social sciences. These contributions made her a world-leading philosopher of science, instrumental in shifting philosophers' attention from the structure (...)
    Download  
     
    Export citation  
     
    Bookmark  
  42. An Investigation into Husserl's Phenomenology: A Study of the Role of Intentionality in Perception.Md Lawha Mahfuz - forthcoming - Prajna (Department of Philosophy, University of Chittagong).
    Edmund Husserl's phenomenology is a distinctly philosophical approach that emphasizes the significance of direct observation and the description of conscious experience. Unlike traditional approaches that concentrate on abstract concepts and theories, phenomenology seeks to understand the concrete and immediate nature of experience. The concept of intentionality, which refers to how consciousness is directed towards an object or phenomenon, is a key feature of Husserl's phenomenology. The notion of intentionality carries profound implications for how we comprehend perception, as it suggests that (...)
    Download  
     
    Export citation  
     
    Bookmark  
  43. The Role of Consciousness in Grasping and Understanding.David Bourget - 2017 - Philosophy and Phenomenological Research 95 (2):285-318.
    One sometimes believes a proposition without grasping it. For example, a complete achromat might believe that ripe tomatoes are red without grasping this proposition. My aim in this paper is to shed light on the difference between merely believing a proposition and grasping it. I focus on two possible theories of grasping: the inferential theory, which explains grasping in terms of inferential role, and the phenomenal theory, which explains grasping in terms of phenomenal consciousness. I argue that the phenomenal (...)
    Download  
     
    Export citation  
     
    Bookmark   46 citations  
  44. Lon Fuller's Legal Structuralism.William Conklin - 2012 - In Bjarne Melkevik (ed.), Standing Tall Hommages a Csaba Varga. Budapest: Pazmany Press. pp. 97-121.
    Anglo-American general jurisprudence remains preoccupied with the relationship of legality to morality. This has especially been so in the re-reading of Lon Fuller’s theory of an implied morality in any law. More often than not, Fuller has been said to distinguish between the identity of a discrete rule and something called ‘morality’. In this reading of Fuller, however, insufficient attention to what is signified by ‘morality’. Such an implied morality has been understood in terms of deontological duties, the Good life, (...)
    Download  
     
    Export citation  
     
    Bookmark  
  45. Is Human Virtue a Civic Virtue? A Reading of Aristotle's Politics 3.4.L. K. Gustin Law - 2017 - In Emma Cohen de Lara & Rene Brouwer (eds.), Aristotle’s Practical Philosophy: On the Relationship between the Ethics and Politics. Chem, Switzerland: Springer. pp. 93-118.
    Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  46. The Role of Entscheider in the Asylum Procedure: A Legal and Ethical Analysis.Nicolas Kleinschmidt & Jessica Krüger - 2019 - Proceedings of the 2018 ZiF Workshop “Studying Migration Policies at the Interface Between Empirical Research and Normative Analysis”.
    In this article we examine the role of Entscheider (decision-makers) in the German asylum procedure, both legally and ethical. As the responsibility for deciding on asylum applications lies exclusively with them, their significance for the German asylum procedure can hardly be underestimated. However, over the last few decades the situation of Entscheider changed significantly: While the number and complexity of the cases they have to decide on has increased due to the growing immigration, the requirements for their education have (...)
    Download  
     
    Export citation  
     
    Bookmark  
  47. An Analysis of the Antinomic Structure of the Relation of Being in Husserl and Its Political Implication. Yusuk - 2018 - Genshôgaku Nenpô 34:(21)-(36).
    Antinomy basically as an inherent structural tension from within the reason between rational willing toward the unconditioned and rational thinking necessarily conditioned by the rule of understanding plays a negative role in and for Kant's system to critically compass reason in limiting itself within the possibility of real experience. In Husserl, under the banner of one all-encompassing reason, antinomy takes a modified form of an ontological incommensurability between two essentially separable regions of being, i.e., between the ideal and the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  48. The Essence of Dispositional Essentialism.David Yates - 2013 - Philosophy and Phenomenological Research 87 (1):93-128.
    Dispositional essentialists argue that physical properties have their causal roles essentially. This is typically taken to mean that physical properties are identical to dispositions. I argue that this is untenable, and that we must instead say that properties bestow dispositions. I explore what it is for a property to have such a role essentially. Dispositional essentialists argue for their view by citing certain epistemological and metaphysical implications, and I appeal to these implications to place desiderata on the concept of (...)
    Download  
     
    Export citation  
     
    Bookmark   31 citations  
  49. The Role of Judgment in Doxastic Agency.David Jenkins - 2018 - Thought: A Journal of Philosophy 7 (1):12-19.
    We take it that we can exercise doxastic agency by reasoning and by making judgments. We take it, that is, that we can actively make up our minds by reasoning and judging. On what I call the ‘Standard View’ this is so because judgment can yield belief. It is typical to take it that judgments yield beliefs by causing them. But on the resultant understanding of the Standard View, I argue, it is unclear how judgment could play its role (...)
    Download  
     
    Export citation  
     
    Bookmark   12 citations  
  50. 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  
1 — 50 / 953