Results for 'the Because Constraint'

999 found
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  1. Elusive Reasons and the Motivational Constraint.Benjamin Cohen Rossi - 2021 - Journal of Ethics and Social Philosophy 20 (1).
    The motivational constraint on normative reasons says that a consideration is a normative reason for an agent to act only if it is logically possible for the agent to act for that reason, or at least to be moved so to act. The claim figures Zelig-like in philosophical debates about practical reasons: on hand, occasionally prominent, but never the focus of discussion. However, because it is entailed by a number of prominent views about normative reasons—including various forms of (...)
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  2.  15
    The Pragmatic Constraint and Revisionary Ontologies of Art.Eric Wilkinson - 2021 - American Society for Aesthetics Graduate E-Journal 13 (1):19-22.
    At the heart of Anders Pettersson’s 2017 book, The Idea of a Text and the Nature of Textual Meaning, is his proposed “cluster” definition of a textual work. On this view, a text is a cluster of three kinds of objects: all the physical exemplars of the work, the work’s meaning, and the complex signs that convey that meaning. Pettersson contrasts this with the “ordinary conception” of a text, wherein a text is a unitary object made of the signs and (...)
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  3. Propositional Attitudes as Commitments: Unleashing Some Constraints.Alireza Kazemi - 2020 - Dialogue 59 (3):437-457.
    ABSTRACTIn a series of articles, Asbjørn Steglich-Petersen and Nick Zangwill argue that, since propositional attitude ascription judgements do not behave like normative judgements in being subject to a priori normative supervenience and the Because Constraint, PAs cannot be constitutively normative.1 I argue that, for a specific version of normativism, according to which PAs are normative commitments, these arguments fail. To this end, I argue that commitments and obligations should be distinguished. Then, I show that the intuitions allegedly governing (...)
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  4. Deontic Constraints Are Maximizing Rules.Matthew Hammerton - 2020 - Journal of Value Inquiry 54 (4):571-588.
    Deontic constraints prohibit an agent performing acts of a certain type even when doing so will prevent more instances of that act being performed by others. In this article I show how deontic constraints can be interpreted as either maximizing or non-maximizing rules. I then argue that they should be interpreted as maximizing rules because interpreting them as non-maximizing rules results in a problem with moral advice. Given this conclusion, a strong case can be made that consequentialism provides the (...)
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  5. Consequentialism, Constraints, and Good-Relative-To.Jussi Suikkanen - 2008 - Journal of Ethics and Social Philosophy 3 (1):1-9.
    Recently, it has been a part of the so-called consequentializing project to attempt to construct versions of consequentialism that can support agent-relative moral constraints. Mark Schroeder has argued that such views are bound to fail because they cannot make sense of the agent relative value on which they need to rely. In this paper, I provide a fitting-attitude account of both agent-relative and agent-neutral values that can together be used to consequentialize agent-relative constraints.
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  6. Metaphysical Explanation by Constraint.Michael Bertrand - 2019 - Erkenntnis 84 (6):1325-1340.
    It is often thought that metaphysical grounding underwrites a distinctive sort of metaphysical explanation. However, it would be a mistake to think that all metaphysical explanations are underwritten by metaphysical grounding. In service of this claim, I offer a novel kind of metaphysical explanation called metaphysical explanation by constraint, examples of which have been neglected in the literature. I argue that metaphysical explanations by constraint are not well understood as grounding explanations.
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  7. Gun Rights as Deontic Constraints.Michael Huemer - manuscript
    Abstract: In earlier work, I argued that individuals have a right to own firearms for personal defense, and that as a result, gun prohibition would be unjustified unless it at least produced benefits many times greater than its costs. Here, I defend that argument against objections posed by Nicholas Dixon and Jeff McMahan to the effect that the right of citizens to be free from gun violence counterbalances the right of self-defense, and that gun prohibition does not violate the right (...)
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  8.  80
    Constraints to Accessing Micro Credit and Loan Scheme of Bank of Agriculture Among Farmers in Enugu State, Nigeria Implications for Extension Service Delivery.N. Mbah Evangeline, R. Jiriko & M. O. Agada - 2017 - International Journal of Trend in Scientific Research and Development 1 (4):53-58.
    The study examined constraints to accessing micro credit loan scheme of Bank of Agriculture BOA among farmers in Enugu State, Nigeria Implications for extension service delivery. Purposive and simple random sampling techniques were used in selecting one hundred 100 respondents for the study. Data were collected using structured interview schedule questionnaire and analyzed using frequency, percentage, mean scores and standard deviation. The study revealed that micro credit loan scheme 88.6 were the most patronized among the rural farmers. Others such as (...)
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  9. Meaning Generation for Constraint Satisfaction. An Evolutionary Thread for Biosemiotics (Biosemiotics Gatherings 2016).Christophe Menant - manuscript
    One of the mains challenges of biosemiotics is ‘to attempt to naturalize biological meaning’ [Sharov & all 2015]. That challenge brings to look at a possible evolutionary thread for biosemiotics based on meaning generation for internal constraint satisfaction, starting with a pre-biotic entity emerging from a material universe. Such perspective complements and extends previous works that used a model of meaning generation for internal constraint satisfaction (the Meaning Generator System) [Menant 2003a, b; 2011]. We propose to look at (...)
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  10. Consequentialism and Side Constraints.Daniel Nolan - 2009 - Journal of Moral Philosophy 6 (1):5-22.
    Many people are inclined to think that consequences of actions, or perhaps reasonably expected consequences of those actions, have moral weight. Firing off shotguns in crowded areas is typically wrong, at least in part, because of the people who get maimed and killed. Committed consequentialists think that consequences (either actual consequences, or expected consequences, or intended consequences, or reasonably expected consequences, or maybe some other different shade) are all that matters, morally speaking. Lying and stealing are wrong, when they (...)
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  11. The Structural Determination of Case and Agreement.Maria Bittner & Ken Hale - 1996 - Linguistic Inquiry 27 (1):1–68.
    We analyze Case in terms of independent constraints on syntactic structures — namely, the Projection Principle (inherent Case), the ECP (marked structural Case), and the theory of extended projections (the nominative, a Caseless nominal projection). The resulting theory accounts for (1) the government constraint on Case assignment, (2) all major Case systems (accusative, ergative, active, three-way, and split), (3) Case alternations (passive, antipassive, and ECM), and (4) the Case of nominal possessors. Structural Case may correlate with pronominal agreement (...) the former can, and the latter must, involve antecedent-government by a functional head. However, neither phenomenon implies the other. (shrink)
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  12. Keep the chickens cooped: the epistemic inadequacy of free range metaphysics.Amanda Bryant - 2020 - Synthese 197 (5):1867-1887.
    This paper aims to better motivate the naturalization of metaphysics by identifying and criticizing a class of theories I call ’free range metaphysics’. I argue that free range metaphysics is epistemically inadequate because the constraints on its content—consistency, simplicity, intuitive plausibility, and explanatory power—are insufficiently robust and justificatory. However, since free range metaphysics yields clarity-conducive techniques, incubates science, and produces conceptual and formal tools useful for scientifically engaged philosophy, I do not recommend its discontinuation. I do recommend, however, ending (...)
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  13.  30
    Experience and Life as Ever‐Present Constraints on Knowledge.Marc Champagne - 2015 - Metaphilosophy 46 (2):235-245.
    This essay argues that acknowledging the existence of mind-independent facts is a matter of vital importance, in that acquiescence before the layout of the world is something demanded of knowing agents from the most elementary empirical deliverance to the most abstract construct. Building on the idea that normativity requires the presence of more than one option to choose from, the essay shows how the cessation of one's life is the disjunctive alternative of any experiential episode. This much has been missed, (...)
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  14. The Feasibility Constraint on The Concept of Justice.Anca Gheaus - 2013 - Philosophical Quarterly 63 (252):445-464.
    There is a widespread belief that, conceptually, justice cannot require what we cannot achieve. This belief is sometimes used by defenders of so-called ‘non-ideal theories of justice’ to criticise so-called ‘ideal theories of justice’. I refer to this claim as ‘the feasibility constraint on the concept of justice’ and argue against it. I point to its various implausible implications and contend that a willingness to apply the label ‘unjust’ to some regrettable situations that we cannot fix is going to (...)
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  15. The Fodorian Fallacy.François Recanati - 2002 - Analysis 62 (4):285-89.
    In recent years Fodor has repeatedly argued that nothing epistemic can be essential to, or constitutive of, any concept. This holds in virtue of a constraint which Fodor dubs the Compositionality Constraint. I show that Fodor's argument is fallacious because it rests on an ambiguity.
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  16. The Origins of Life: The Managed-Metabolism Hypothesis.John E. Stewart - 2018 - Foundations of Science:1-25.
    The ‘managed-metabolism’ hypothesis suggests that a ‘cooperation barrier’ must be overcome if self-producing chemical organizations are to undergo the transition from non-life to life. This dynamical barrier prevents un-managed autocatalytic networks of molecular species from individuating into complex, cooperative organizations. The barrier arises because molecular species that could otherwise make significant cooperative contributions to the success of an organization will often not be supported within the organization, and because side reactions and other ‘free-riding’ processes will undermine cooperation. As (...)
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  17. The Scientific Limits of Understanding the (Potential) Relationship Between Complex Social Phenomena: The Case of Democracy and Inequality.Alexander Krauss - 2016 - Journal of Economic Methodology 23 (1):97-109.
    This paper outlines the methodological and empirical limitations of analysing the potential relationship between complex social phenomena such as democracy and inequality. It shows that the means to assess how they may be related is much more limited than recognised in the existing literature that is laden with contradictory hypotheses and findings. Better understanding our scientific limitations in studying this potential relationship is important for research and policy because many leading economists and other social scientists such as Acemoglu and (...)
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  18. Bayesian Variations: Essays on the Structure, Object, and Dynamics of Credence.Aron Vallinder - 2018 - Dissertation, London School of Economics
    According to the traditional Bayesian view of credence, its structure is that of precise probability, its objects are descriptive propositions about the empirical world, and its dynamics are given by conditionalization. Each of the three essays that make up this thesis deals with a different variation on this traditional picture. The first variation replaces precise probability with sets of probabilities. The resulting imprecise Bayesianism is sometimes motivated on the grounds that our beliefs should not be more precise than the evidence (...)
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  19.  44
    The Tractability of the Debate on Relationalism.Roberta Locatelli - 2021 - In Louise Richardson & Heather Logue (eds.), Purpose and Procedure in Philosophy of Perception. Oxford, UK: Oxford University Press. pp. 85-106.
    The debate between relationalism and representationalism in the philosophy of perception seems to have come to a standstill where opponents radically disagree on methodological principles or fundamental assumptions. According to Fish (this volume) this is because, not unlike Kuhnian scientific paradigms, the debate displays some elements of incommensurability. This diagnosis makes advancing the debate impossible. I argue that what is hindering progress is not a clash of research programmes, but a series of misunderstandings that can be avoided by disentangling (...)
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  20.  96
    The Tractability of the Debate on Relationalism.Roberta Locatelli - 2021 - In Heather Logue & Louise Richardson (eds.), Purpose and Procedure in Philosophy of Perception. Oxford, UK: Oxford University Press. pp. 85-106.
    The debate between relationalism and representationalism in the philosophy of perception seems to have come to a standstill where opponents radically disagree on methodological principles or fundamental assumptions. According to Fish (this volume) this is because, not unlike Kuhnian scientific paradigms, the debate displays some elements of incommensurability. This diagnosis makes advancing the debate impossible. I argue that what is hindering progress is not a clash of research programmes, but a series of misunderstandings that can be avoided by disentangling (...)
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  21. On the Compatibility of Epistocracy and Public Reason.Thomas Mulligan - 2015 - Social Theory and Practice 41 (3):458-476.
    In "epistocratic" forms of government, political power is wielded by those who possess the knowledge relevant to good policymaking. Some democrats--notably, David Estlund--concede that epistocracy might produce better political outcomes than democracy but argue that epistocracy cannot be justified under public reason. These objections to epistocracy are unsound because they violate a viability constraint: they are also fatal to democracy and all other plausible political arrangements. Moreover, there is a problem with the public reason framework itself--a problem that (...)
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  22.  43
    The Co-Ascription of Ordered Lexical Pairs: A Cognitive-Science-Based Semantic Theory of Meaning and Reference: Part 2.Thomas Johnston - manuscript
    (1) This is Part 2 of the semantic theory I call TM. In Part 1, I developed TM as a theory in the analytic philosophy of language, in lexical semantics, and in the sociology of relating occasions of statement production and comprehension to formal and informal lexicographic conclusions about statements and lexical items – roughly, as showing how synchronic semantics is a sociological derivative of diachronic, person-relative acts of linguistic behavior. I included descriptions of new cognitive psychology experimental paradigms which (...)
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  23. The Puzzle of the Laws of Appearance.Adam Pautz - 2020 - Philosophical Issues 30 (1):257-272.
    In this paper I will present a puzzle about visual appearance. There are certain necessary constraints on how things can visually appear. The puzzle is about how to explain them. I have no satisfying solution. My main thesis is simply that the puzzle is a puzzle. I will develop the puzzle as it arises for representationalism about experience because it is currently the most popular theory of experience and I think it is along the right lines. However, everyone faces (...)
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  24. The Missing-Desires Objection to Hybrid Theories of Well-Being.William Lauinger - 2013 - Southern Journal of Philosophy 51 (2):270-295.
    Many philosophers have claimed that we might do well to adopt a hybrid theory of well-being: a theory that incorporates both an objective-value constraint and a pro-attitude constraint. Hybrid theories are attractive for two main reasons. First, unlike desire theories of well-being, hybrid theories need not worry about the problem of defective desires. This is so because, unlike desire theories, hybrid theories place an objective-value constraint on well-being. Second, unlike objectivist theories of well-being, hybrid theories need (...)
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  25. The Myth and the Meaning of Science as a Vocation.Adam J. Liska - 2005 - Ultimate Reality and Meaning 28 (2):149-164.
    Many natural scientists of the past and the present have imagined that they pursued their activity according to its own inherent rules in a realm distinctly separate from the business world, or at least in a realm where business tended to interfere with science from time to time, but was not ultimately an essential component, ‘because one thought that in science one possessed and loved something unselfish, harmless, self-sufficient, and truly innocent, in which man’s evil impulses had no part (...)
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  26. The Swapping Constraint.Henry Schiller - 2018 - Minds and Machines 28 (3):605-622.
    Triviality arguments against the computational theory of mind claim that computational implementation is trivial and thus does not serve as an adequate metaphysical basis for mental states. It is common to take computational implementation to consist in a mapping from physical states to abstract computational states. In this paper, I propose a novel constraint on the kinds of physical states that can implement computational states, which helps to specify what it is for two physical states to non-trivially implement the (...)
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  27. Little Republics: Authority and the Political Nature of the Firm.Iñigo González-Ricoy - 2022 - Philosophy and Public Affairs 50 (1):90-120.
    Political theorists have recently sought to replace the liberal, contractual theory of the firm with a political view that models the authority relation of employee to firm, and its appropriate regulation, on that of subject to state. This view is liable to serious difficulties, however, given the extant discontinuities between corporate and civil authority as to their coerciveness, entry and exit conditions, scope, legal standing, and efficiency constraints. I here inspect these, and argue that, albeit in some cases significant, such (...)
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  28. The Future of Human-Artificial Intelligence Nexus and its Environmental Costs.Petr Spelda & Vit Stritecky - 2020 - Futures 117.
    The environmental costs and energy constraints have become emerging issues for the future development of Machine Learning (ML) and Artificial Intelligence (AI). So far, the discussion on environmental impacts of ML/AI lacks a perspective reaching beyond quantitative measurements of the energy-related research costs. Building on the foundations laid down by Schwartz et al., 2019 in the GreenAI initiative, our argument considers two interlinked phenomena, the gratuitous generalisation capability and the future where ML/AI performs the majority of quantifiable inductive inferences. The (...)
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  29. The Equivocal Use of Power in Nietzsche’s Failed Anti-Egalitarianism.Donovan Miyasaki - 2014 - Journal of Moral Philosophy 12 (1):1-32.
    In this paper I argue that Nietzsche’s rejection of egalitarianism depends on equivocation between distinct conceptions of power and equality. When these distinct views are disentangled, Nietzsche’s arguments succeed only against a narrow sense of equality as qualitative similarity (die Gleichheit as die Ähnlichkeit), and not against quantitative forms that promote equality not as similarity but as multiple, proportional resistances (die Gleichheit as die Veilheit and der Widerstand). I begin by distinguishing the two conceptions of power at play in Nietzsche’s (...)
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  30. The Problem of Evaluating Automated Large-Scale Evidence Aggregators.Nicolas Wüthrich & Katie Steele - 2019 - Synthese (8):3083-3102.
    In the biomedical context, policy makers face a large amount of potentially discordant evidence from different sources. This prompts the question of how this evidence should be aggregated in the interests of best-informed policy recommendations. The starting point of our discussion is Hunter and Williams’ recent work on an automated aggregation method for medical evidence. Our negative claim is that it is far from clear what the relevant criteria for evaluating an evidence aggregator of this sort are. What is the (...)
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  31. The Welfare-Nihilist Arguments Against Judgment Subjectivism.Anthony Bernard Kelley - 2021 - Journal of Ethics and Social Philosophy 19 (3):291-310.
    Judgment subjectivism is the view that x is good for S if and only if, because, and to the extent that S believes, under the proper conditions, that x is good for S. In this paper, I offer three related arguments against the theory. The arguments are about what judgment subjectivism implies about the well-being of welfare nihilists, people who believe there are no welfare properties, or at least that none are instantiated. I maintain that welfare nihilists can be (...)
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  32. The Disjunctive Hybrid Theory of Prudential Value: An Inclusive Approach to the Good Life.Joseph Van Weelden - 2018 - Dissertation, McGill University
    In this dissertation, I argue that all extant theories of prudential value are either a) enumeratively deficient, in that they are unable to accommodate everything that, intuitively, is a basic constituent of prudential value, b) explanatorily deficient, in that they are at least sometimes unable to offer a plausible story about what makes a given thing prudentially valuable, or c) both. In response to the unsatisfactory state of the literature, I present my own account, the Disjunctive Hybrid Theory or DHT. (...)
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  33. Can There Be a Bayesian Explanationism? On the Prospects of a Productive Partnership.Frank Cabrera - 2017 - Synthese 194 (4):1245–1272.
    In this paper, I consider the relationship between Inference to the Best Explanation and Bayesianism, both of which are well-known accounts of the nature of scientific inference. In Sect. 2, I give a brief overview of Bayesianism and IBE. In Sect. 3, I argue that IBE in its most prominently defended forms is difficult to reconcile with Bayesianism because not all of the items that feature on popular lists of “explanatory virtues”—by means of which IBE ranks competing explanations—have confirmational (...)
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  34. Developing the Explanatory Dimensions of Part–Whole Realization.Ronald Endicott - 2016 - Philosophical Studies 173 (12):3347-3368.
    I use Carl Gillett’s much heralded dimensioned theory of realization as a platform to develop a plausible part–whole theory. I begin with some basic desiderata for a theory of realization that its key terms should be defined and that it should be explanatory. I then argue that Gillett’s original theory violates these conditions because its explanatory force rests upon an unspecified “in virtue of” relation. I then examine Gillett’s later version that appeals instead to theoretical terms tied to “mechanisms.” (...)
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  35. The Problem of Induction and the Problem of Free Will.Avijit Lahiri - manuscript
    This essay presents a point of view for looking at `free will', with the purpose of interpreting where exactly the freedom lies. For, freedom is what we mean by it. It compares the exercise of free will with the making of inferences, which usually is predominantly inductive in nature. The making of inference and the exercise of free will, both draw upon psychological resources that define our ‘selves’. I examine the constitution of the self of an individual, especially the involvement (...)
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  36.  57
    Perceptual Capacities, Discrimination, and the Senses.William Hornett - 2021 - Synthese 199 (5-6):14063-14085.
    In this paper, I defend a new theory of the nature and individuation of perceptual capacities. I argue that we need a theory of perceptual capacities to explain modal facts about what sorts of perceptual phenomenal states one can be in. I defend my view by arguing for three adequacy constraints on a theory of perceptual capacities: perceptual capacities must be individuated at least partly in terms of their place in a hierarchy of capacities, where these capacities include the senses (...)
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  37. Immoralism and the Valence Constraint.James Harold - 2008 - British Journal of Aesthetics 48 (1):45-64.
    Immoralists hold that in at least some cases, moral fl aws in artworks can increase their aesthetic value. They deny what I call the valence constraint: the view that any effect that an artwork’s moral value has on its aesthetic merit must have the same valence. The immoralist offers three arguments against the valence constraint. In this paper I argue that these arguments fail, and that this failure reveals something deep and interesting about the relationship between cognitive and (...)
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  38. Play, Skill, and the Origins of Perceptual Art.Mohan Matthen - 2015 - British Journal of Aesthetics 55 (2):173-197.
    Art is universal across cultures. Yet, it is biologically expensive because of the energy expended and reduced vigilance. Why do humans make and contemplate it? This paper advances a thesis about the psychological origins of perceptual art. First, it delineates the aspects of art that need explaining: not just why it is attractive, but why fine execution and form—which have to do with how the attraction is achieved—matter over and above attractiveness. Second, it states certain constraints: we need to (...)
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  39. Brandom on the Normativity of Meaning.Lionel Shapiro - 2004 - Philosophy and Phenomenological Research 68 (1):141-60.
    Brandom's "inferentialism"—his theory that contentfulness consists in being governed by inferential norms—proves dubiously compatible with his own deflationary approach to intentional objectivity. This is because a deflationist argument, adapted from the case of truth to that of correct inference, undermines the criterion of adequacy Brandom employs in motivating inferentialism. Once that constraint is abandoned, moreover, the very constitutive-explanatory availability of Brandom's inferential norms becomes suspect. Yet Brandom intertwines inferentialism with a separate explanatory project, one that in explaining the (...)
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  40. The Nature of Computational Things.Franck Varenne - 2013 - In Frédéric Migayrou Brayer & Marie-Ange (eds.), Naturalizing Architecture. Orléans: HYX Editions. pp. 96-105.
    Architecture often relies on mathematical models, if only to anticipate the physical behavior of structures. Accordingly, mathematical modeling serves to find an optimal form given certain constraints, constraints themselves translated into a language which must be homogeneous to that of the model in order for resolution to be possible. Traditional modeling tied to design and architecture thus appears linked to a topdown vision of creation, of the modernist, voluntarist and uniformly normative type, because usually (mono)functionalist. One available instrument of (...)
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  41. Extending, Changing, and Explaining the Brain.Mazviita Chirimuuta - 2013 - Biology and Philosophy 28 (4):613-638.
    This paper addresses concerns raised recently by Datteri (Biol Philos 24:301–324, 2009) and Craver (Philos Sci 77(5):840–851, 2010) about the use of brain-extending prosthetics in experimental neuroscience. Since the operation of the implant induces plastic changes in neural circuits, it is reasonable to worry that operational knowledge of the hybrid system will not be an accurate basis for generalisation when modelling the unextended brain. I argue, however, that Datteri’s no-plasticity constraint unwittingly rules out numerous experimental paradigms in behavioural and (...)
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  42. The Limits of Classical Mereology: Mixed Fusions and the Failures of Mereological Hybridism.Joshua Kelleher - 2020 - Dissertation, The University of Queensland
    In this thesis I argue against unrestricted mereological hybridism, the view that there are absolutely no constraints on wholes having parts from many different logical or ontological categories, an exemplar of which I take to be ‘mixed fusions’. These are composite entities which have parts from at least two different categories – the membered (as in classes) and the non-membered (as in individuals). As a result, mixed fusions can also be understood to represent a variety of cross-category summation such as (...)
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  43. All the Freedom You Can Want: The Purported Collapse of the Problem of Free Will.Edward C. Lyons - 2007 - St. John's Journal of Legal Commentary 22 (1):101-164.
    Reflections on free choice and determinism constitute a recurring, if rarified, sphere of legal reasoning. Controversy, of course, swirls around the perennially vexing question of the propriety of punishing human persons for conduct that they are unable to avoid. Drawing upon conditions similar, if not identical, to those traditionally associated with attribution of moral fault, persons subject to such necessitating causal constraints generally are not considered responsible in the requisite sense for their conduct; and, thus, they are not held culpable (...)
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  44. Where Did Information Go? Reflections on the Logical Status of Information in a Cybernetic and Semiotic Perspective.Sara Cannizzaro - 2013 - Biosemiotics 6 (1):105-123.
    This article explores the usefulness of interdisciplinarity as method of enquiry by proposing an investigation of the concept of information in the light of semiotics. This is because, as Kull, Deacon, Emmeche, Hoffmeyer and Stjernfelt state, information is an implicitly semiotic term (Biological Theory 4(2):167–173, 2009: 169), but the logical relation between semiosis and information has not been sufficiently clarified yet. Across the history of cybernetics, the concept of information undergoes an uneven development; that is, information is an ‘objective’ (...)
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  45. Social Justice in the Modern Regulatory State: Duress, Necessity and the Consensual Model in Law.Lucinda Vandervort - 1987 - Law and Philosophy 6 (2):205 - 225.
    This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is a collective societal (...)
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  46. Hunger, Need, and the Boundaries of Lockean Property.David G. Dick - 2019 - Dialogue 58 (3):527-552.
    Locke’s property rights are now usually understood to be both fundamental and strictly negative. Fundamental because they are thought to be basic constraints on what we may do, unconstrained by anything deeper. Negative because they are thought to only protect a property holder against the claims of others. Here, I argue that this widespread interpretation is mistaken. For Locke, property rights are constrained by the deeper ‘fundamental law of nature,’ which involves positive obligations to those in need and (...)
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  47.  59
    Review of The Life and Struggles of Our Mother Walatta Petros: A Seventeenth-Century African Biography of an Ethiopian Woman. [REVIEW]Subhasis Chattopadhyay - 2020 - Prabuddha Bharata or Awakened India 125 (7):54 & 58.
    Wendy Laura Belcher has done her cultural work by queering Mother Walatta Petros's life in this one of a kind book. The struggles of Mother Walatta Petros and her nuns and their heirs' reluctance to enunciate same sex desire is brought out well in this book and its review in Prabuddha Bharata which has not missed an issue from 1896 to date. The book under review establishes Mother Walatta Petros as an African proto-feminist. This is a very well researched book. (...)
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  48. Modals, Contextual Parameters, and the Modal Uniformity Hypothesis.Daniel Skibra - manuscript
    There is a common assumption in the semantics of modal auxiliaries in natural language; in utterances of MOD φ , where MOD is a modal and φ is the prejacent, context determines the particular flavor of modality expressed by the modal. Such is the standard contextualist semantics of Kratzer and related proposals. This winds up being a problem, because there is a significant class of modals which have constraints on the admissible modal flavor that are not traceable to context. (...)
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  49. Argument and the "Moral Impact" Theory of Law.Alani Golanski - 2019 - Washington University Jurisprudence Review 11:293-343.
    The innovative Moral Impact Theory (“MIT”) of law claims that the moral impacts of legal institutional actions, rather than the linguistic content of “rules” or judicial or legislative pronouncements, determine law’s content. MIT’s corollary is that legal interpretation consists in the inquiry into what is morally required as a consequence of the lawmaking actions. This paper challenges MIT by critiquing its attendant view of the nature of legal interpretation and argument. Points including the following: (1) it is not practicable to (...)
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  50. The Problems with the Burdens of Judgment.Gozde Hussain - 2018 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 8 (1):155-192.
    This paper challenges one of the main contributions of Political Liberalism (PL), namely the burdens of judgment (BoJ), on the grounds that it is superfluous to the project of excluding matters of the good from politics and it makes PL susceptible to a scepticism objection. From Rawls’s PL, we can extract two arguments for epistemic restraint in the public realm. The first is a moral argument based on the principles of fairness and reciprocity. The second is an epistemic argument derived (...)
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