Results for ' substantive assumptions'

971 found
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  1. Substantive assumptions in interaction: a logical perspective.Olivier Roy & Eric Pacuit - 2013 - Synthese 190 (5):891-908.
    In this paper we study substantive assumptions in social interaction. By substantive assumptions we mean contingent assumptions about what the players know and believe about each other’s choices and information. We first explain why substantive assumptions are fundamental for the analysis of games and, more generally, social interaction. Then we show that they can be compared formally, and that there exist contexts where no substantive assumptions are being made. Finally we show (...)
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  2.  14
    The idea of substantive arts.David Alvargonzález - 2021 - Aisthesis: Pratiche, Linguaggi E Saperi Dell’Estetico 14 (1):135-151.
    The Spanish philosopher Gustavo Bueno coined the expression “substantive arts” to refer to those arts that do not serve any immediate, mundane or practical purpose. In this paper, I briefly present this idea and put forward a definition of the substantive arts as an alternative to those used until now. Starting from the assumption that since the end of the 18th century there has been a set of arts that have their own substantivity, I expound on certain criteria (...)
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  3.  55
    An evolutionary social science? A skeptic’s brief, theoretical and substantive.Joseph M. Bryant - 2004 - Philosophy of the Social Sciences 34 (4):451-492.
    So-called grand or paradigmatic theories—structural functionalism, psychoanalysis, Marxism, rational-choice theory—provide their proponents with a conceptual vocabulary and syntax that allows for the classification and configuring of wide ranges of phenomena. Advocates for any particular “analytical grammar” are accordingly prone to conflating the internal coherence of their paradigm—its integrated complex of definitions, axioms, and inferences—with a corresponding capacity for representational verisimilitude. The distinction between Theory-as-heuristic and Theory-as-imposition is of course difficult to negotiate in practice, given that empirical observation and measurement are (...)
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  4. New challenges to the rationality assumption.Daniel Kahneman - 1997 - Legal Theory 3 (2):105-124.
    In contrast to logical criteria of rationality, which can be assessed entirely by reference to the system of preferences, substantive criteria of rational choice refer to an independent evaluation of the outcomes of decisions. One of these substantive criteria is the experienced hedonic utility of outcomes. Research indicates that people are myopic in their decisions, may lack skill in predicting their future tastes, and can be led to erroneous choices by fallible memory and incorrect evaluation of past experiences. (...)
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  5.  79
    In Just What Sense Should I be Critical? An Exploration into the Notion of ‘Assumption’ and Some Implications for Assessment.Andrés Mejía D. - 2009 - Studies in Philosophy and Education 28 (4):351-367.
    The current dominant approach on the assessment of critical thinking takes as a starting point a conception of criticality that does not commit to any substantive view or context of meaning concerning what issues are relevant to be critical about in society or in life. Nevertheless, as a detailed examination of the identification of assumptions shows, when going from the theory of critical thinking to the praxis of producing and evaluating arguments, the critical person will inevitably make such (...)
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  6. The metaphysics of D-CTCs: On the underlying assumptions of Deutsch׳s quantum solution to the paradoxes of time travel.Lucas Dunlap - 2016 - Studies in the History and Philosophy of Modern Physics 56:39-47.
    I argue that Deutsch’s model for the behavior of systems traveling around closed timelike curves relies implicitly on a substantive metaphysical assumption. Deutsch is employing a version of quantum theory with a significantly supplemented ontology of parallel existent worlds, which differ in kind from the many worlds of the Everett interpretation. Standard Everett does not support the existence of multiple identical copies of the world, which the D-CTC model requires. This has been obscured because he often refers to the (...)
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  7.  13
    Leopold Ranke.Thomas Gil - 2008 - In Aviezer Tucker, A Companion to the Philosophy of History and Historiography. Malden, MA: Wiley-Blackwell. pp. 381–392.
    This chapter contains sections titled: Scientific Historiography Substantive Assumptions The Meaning of History Bibliography and Further Reading.
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  8. Excusing Corporate Wrongdoing and the State of Nature.Kenneth Silver & Paul Garofalo - forthcoming - Academy of Management Review.
    Most business ethicists maintain that corporate actors are subject to a variety of moral obligations. However, there is a persistent and underappreciated concern that the competitive pressures of the market somehow provide corporate actors with a far-reaching excuse from meeting these obligations. Here, we assess this concern. Blending resources from the history of philosophy and strategic management, we demonstrate the assumptions required for and limits of this excuse. Applying the idea of ‘the state of nature’ from Thomas Hobbes, we (...)
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  9. Grounding and ontological dependence.Henrik Rydéhn - 2021 - Synthese 198 (Suppl 6):1231-1256.
    Recent metaphysics has seen a surge of interest in grounding—a relation of non-causal determination underlying a distinctive kind of explanation common in philosophy. In this article, I investigate the connection between grounding and another phenomenon of great interest to metaphysics: ontological dependence. There are interesting parallels between the two phenomena: for example, both are commonly invoked through the use of “dependence” terminology, and there is a great deal of overlap in the motivations typically appealed to when introducing them. I approach (...)
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  10. What is Orthodox Quantum Mechanics?David Wallace - 2019 - In Alberto Cordero, Philosophers Look at Quantum Mechanics. Springer Verlag.
    What is called ``orthodox'' quantum mechanics, as presented in standard foundational discussions, relies on two substantive assumptions --- the projection postulate and the eigenvalue-eigenvector link --- that do not in fact play any part in practical applications of quantum mechanics. I argue for this conclusion on a number of grounds, but primarily on the grounds that the projection postulate fails correctly to account for repeated, continuous and unsharp measurements and that the eigenvalue-eigenvector link implies that virtually all interesting (...)
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  11. Choice Points for a Theory of Normality.Annina J. Loets - 2022 - Mind 131 (521):159-191.
    A variety of recent work in epistemology employs a notion of normality to provide novel theories of knowledge or justification. While such theories are commonly advertised as affording particularly strong epistemic logics, they often make substantive assumptions about the background notion of normality and its logic. This article takes recent normality-based defences of the KK principle as a case study to submit such assumptions to scrutiny. After clarifying issues regarding the natural language use of normality claims, the (...)
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  12. Free will eliminativism: reference, error, and phenomenology.Gregg D. Caruso - 2015 - Philosophical Studies 172 (10):2823-2833.
    Shaun Nichols has recently argued that while the folk notion of free will is associated with error, a question still remains whether the concept of free will should be eliminated or preserved. He maintains that like other eliminativist arguments in philosophy, arguments that free will is an illusion seem to depend on substantive assumptions about reference. According to free will eliminativists, people have deeply mistaken beliefs about free will and this entails that free will does not exist. However, (...)
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  13. Motivational Internalism and the Challenge of Amoralism.Danielle Bromwich - 2016 - European Journal of Philosophy 24 (2):452-471.
    Motivational internalism is the thesis that captures the commonplace thought that moral judgements are necessarily motivationally efficacious. But this thesis appears to be in tension with another aspect of our ordinary moral experience. Proponents of the contrast thesis, motivational externalism, cite everyday examples of amoralism to demonstrate that it is conceptually possible to be completely unmoved by what seem to be sincere first-person moral judgements. This paper argues that the challenge of amoralism gives us no reason to reject or modify (...)
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  14. Sniffing and smelling.Louise Richardson - 2013 - Philosophical Studies 162 (2):401-419.
    In this paper I argue that olfactory experience, like visual experience, is exteroceptive: it seems to one that odours, when one smells them, are external to the body, as it seems to one that objects are external to the body when one sees them. Where the sense of smell has been discussed by philosophers, it has often been supposed to be non-exteroceptive. The strangeness of this philosophical orthodoxy makes it natural to ask what would lead to its widespread acceptance. I (...)
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  15. Does category theory provide a framework for mathematical structuralism?Geoffrey Hellman - 2003 - Philosophia Mathematica 11 (2):129-157.
    Category theory and topos theory have been seen as providing a structuralist framework for mathematics autonomous vis-a-vis set theory. It is argued here that these theories require a background logic of relations and substantive assumptions addressing mathematical existence of categories themselves. We propose a synthesis of Bell's many-topoi view and modal-structuralism. Surprisingly, a combination of mereology and plural quantification suffices to describe hypothetical large domains, recovering the Grothendieck method of universes. Both topos theory and set theory can be (...)
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  16.  54
    Lewis on Mereology and Set Theory.John P. Burgess - 2015 - In Barry Loewer & Jonathan Schaffer, A companion to David Lewis. Chichester, West Sussex ;: Wiley-Blackwell. pp. 459–469.
    David Lewis in the short monograph Parts of Classes (PC) undertakes a fundamental re‐examination of the relationship between mereology, the general theory of parts, and set theory, the general theory of collections. Given Lewis's theses, to be an element of a set or member of class is just to have a singleton that is a part thereof. Lewis in PC adds a claim of kind of ontological innocence, comparable to that of first‐order logic, for mereology. The only substantive assumption (...)
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  17. Sagoff on Ecosystems as Self-Organizing Systems.Rachel Fredericks - 2013 - Ethics, Policy and Environment 16 (3):258-261.
    In “What Does Environmental Protection Protect?” Mark Sagoff argues that there is no ecological way to test the claim that natural ecosystems are complex adaptive systems. In this critical commentary, I recreate that argument, object to it, and attempt to clarify its normative upshot. I show that Sagoff relies on substantive assumptions about (1) the tools and methods of ecological science, (2) what can be done with those tools and methods, and (3) ecology’s being separable from other disciplines, (...)
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  18.  73
    Hylomorphism and the incarnation.Michael Rea - 2011 - In Anna Marmodoro & Jonathan Hill, The Metaphysics of the Incarnation. Oxford University Press USA.
    In this paper I provide a metaphysical account of the incarnation that starts from substantive assumptions about the nature of natures and about the metaphysics of the Trinity and develops in light of these a story about the relations among the elements involved in the incarnation. Central to the view I will describe are two features of Aristotle's metaphysics, though I do not claim that my own development of these ideas is anything of which Aristotle himself would have (...)
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  19. Naturalism in Epistemology and the Philosophy of Law.Mark Greenberg - 2011 - Law and Philosophy 30 (4):419-451.
    In this paper, I challenge an influential understanding of naturalization according to which work on traditional problems in the philosophy of law should be replaced with sociological or psychological explanations of how judges decide cases. W.V. Quine famously proposed the ‘naturalization of epistemology’. In a prominent series of papers and a book, Brian Leiter has raised the intriguing idea that Quine’s naturalization of epistemology is a useful model for philosophy of law. I examine Quine’s naturalization of epistemology and Leiter’s suggested (...)
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  20. The Supposed Spectre of Scientism.Amanda Bryant - 2022 - In Moti Mizrahi Mizrahi, For and Against Scientism: Science, Methodology, and the Future of Philosophy. Lanham: Rowman & Littlefield Publishers. pp. 47-74.
    This chapter considers the assumptions required to make scientisms of different forms genuinely threatening to philosophers, where a genuine threat would consist of a concrete risk to their statuses, the value of their teaching and research, their livelihoods, their preferred research methods, or the health of the discipline. I will find that strong and weak forms of scientism alike require substantive assumptions to make them threatening in those regards. In particular, they require sometimes heavy-handed circumscriptions of philosophy (...)
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  21. An Empirical Critique of Two Versions of the Doomsday Argument – Gott's Line and Leslie's Wedge.E. Sober - 2003 - Synthese 135 (3):415-430.
    I discuss two versions of the doomsday argument. According to ``Gott's Line'',the fact that the human race has existed for 200,000 years licences the predictionthat it will last between 5100 and 7.8 million more years. According to ``Leslie'sWedge'', the fact that I currently exist is evidence that increases the plausibilityof the hypothesis that the human race will come to an end sooner rather than later.Both arguments rest on substantive assumptions about the sampling process thatunderlies our observations. These sampling (...)
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  22.  39
    Free will eliminativism: reference, error, and phenomenology.Kevin Timpe - 2015 - Philosophical Studies 172 (10):2823-2833.
    Shaun Nichols has recently argued that while the folk notion of free will is associated with error, a question still remains whether the concept of free will should be eliminated or preserved. He maintains that like other eliminativist arguments in philosophy, arguments that free will is an illusion seem to depend on substantive assumptions about reference. According to free will eliminativists, people have deeply mistaken beliefs about free will and this entails that free will does not exist. However, (...)
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  23. A Note on "Against Relationalism About Modality".Carlos Romero - manuscript
    I argued against relationalism with four objections. One of those was that, under reasonable assumptions, relationalism's modal relation needs to be what I called an `extra order' relation. I recently came to notice that the objection could have been posed with much less substantive assumptions. In particular, I recently noticed that order-dissonant predications are not required for the objection; therefore, noncumulativism is not relevant for my argument.
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  24.  95
    Experimental Indistinguishability of Causal Structures.Frederick Eberhardt - 2013 - Philosophy of Science 80 (5):684-696.
    Using a variety of different results from the literature, I show how causal discovery with experiments is limited unless substantive assumptions about the underlying causal structure are made. These results undermine the view that experiments, such as randomized controlled trials, can independently provide a gold standard for causal discovery. Moreover, I present a concrete example in which causal underdetermination persists despite exhaustive experimentation and argue that such cases undermine the appeal of an interventionist account of causation as its (...)
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  25.  45
    What is Quantum Mechanics? A Minimal Formulation.R. Friedberg & P. C. Hohenberg - 2018 - Foundations of Physics 48 (3):295-332.
    This paper presents a minimal formulation of nonrelativistic quantum mechanics, by which is meant a formulation which describes the theory in a succinct, self-contained, clear, unambiguous and of course correct manner. The bulk of the presentation is the so-called “microscopic theory”, applicable to any closed system S of arbitrary size N, using concepts referring to S alone, without resort to external apparatus or external agents. An example of a similar minimal microscopic theory is the standard formulation of classical mechanics, which (...)
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  26. A Third Way to the Selected Effect/Causal Role Distinction in the Great Encode Debate.Ehud Lamm & Sophie Veigl - 2023 - Theoretical Biology Forum 2023 (1-2):53-74.
    Since the ENCODE project published its final results in a series of articles in 2012, there is no consensus on what its implications are. ENCODE’s central and most controversial claim was that there is essentially no junk DNA: most sections of the human genome believed to be «junk» are functional. This claim was met with many reservations. If researchers disagree about whether there is junk DNA, they have first to agree on a concept of function and how function, given a (...)
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  27.  19
    Which Golden Rule of Ethics?Alonso Villarán - forthcoming - Journal of Human Values.
    The golden rule says: ‘Treat others as you want to be treated’. This article organizes contemporary interpretations of the rule into three groups: the ‘material’ golden rule, the ‘relativistic’ golden rule, and the ‘formal’ golden rule. The article also argues that (a) the relativistic golden rule is the weakest, (b) the formal golden rule is virtually irrefutable, (c) the material golden rule is less evident than the formal one, but not necessarily false and (d) the formal golden rule and the (...)
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  28. Hybrid Impermissivism and the Diachronic Coordination Problem.Tamaz Tokhadze - 2021 - Philosophical Topics 49 (2):267-285.
    Uniqueness is the view that a body of evidence justifies a unique doxastic attitude toward any given proposition. Contemporary defenses and criticisms of Uniqueness are generally indifferent to whether we formulate the view in terms of the coarse-grained attitude of belief or the fine-grained attitude of credence. This paper articulates and discusses a hybrid view I call Hybrid Impermissivism that endorses Uniqueness about belief but rejects Uniqueness about credence. While Hybrid Impermissivism is an attractive position in several respects, I show (...)
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  29. Le implicazioni metateoriche del confronto tra Habermas e Rawls del 1995 sul concetto di posizione originaria.Irene Vanini - 2012 - ACME: Annali della Facoltà di lettere e filosofia dell'Università degli studi di Milano 65 (2):283-293.
    The article goes through the critical analysis of the rawlsian concept of original position, expressed by Habermas in 1995. Habermasian remarks on the original position aim to undermine the justifiability of such a concept as fundamental to the whole political theory. In fact, it is supposed to substitute the procedures of democratic deliberation with a well thought-out construction belonging uniquely to the theoretician. According to Habermas, substantive outcomes of procedures must be left out from political theory, whose task is (...)
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  30. Ontología social y derechos humanos en John R. Searle.Ángel Manuel Faerna - 2011 - Análisis Filosófico 31 (2):115-139.
    Este artículo se opone a la tesis recientemente sostenida por John Searle según la cual no existen los derechos humanos positivos. Argumentamos que la existencia de dichos derechos no es contradictoria, como pretende Searle, con las nociones de "derecho" y"derechos humanos" definidas en su ontología social. Por consiguiente, es posible aceptar la ontología social de Searle y afirmar al mismo tiempo que los derechos humanos positivos existen. En segundo lugar, ofrecemos razones para cuestionar la supuesta prioridad lógica de una ontología (...)
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  31. Varieties of Theism and Explanations of Moral Realism.Anne Jeffrey - 2021 - European Journal for Philosophy of Religion 13 (1):25-50.
    Does theism make a difference to whether there are moral facts? In this paper I suggest that, despite how much uptake this question gets in philosophical literature, it is not well formed. “Theism” leaves too indeterminate what God is like for us to discern what difference God’s existence would make to moral facts. Arguments like the explanans-driven argument for theistic moral realism and the explanationist argument for naturalist moral realism both require extra substantive assumptions about God in order (...)
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  32. How a neural correlate can function as an explanation of consciousness: Evidence from the history of science regarding the likely explanatory value of the NCC approach.Ilya Farber - 2005 - Journal of Consciousness Studies 12 (4-5):77-95.
    A frequent criticism of the neuroscientific approach to consciousness is that its theories describe only 'correlates' or 'analogues' of consciousness, and so fail to address the nature of consciousness itself. Despite its apparent logical simplicity, this criticism in fact relies on some substantive assumptions about the nature and evolution of scientific explanations. In particular, it is usually assumed that, in expressing correlations, neural correlate of consciousness (NCC) theories must fail to capture the causal structure relating brain and mind. (...)
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  33.  60
    Are liberal perfectionism and neutrality mutually exclusive?Eldar Sarajlic - 2015 - Canadian Journal of Philosophy 45 (4):515-537.
    In this paper, I question the view that liberal perfectionism and neutrality are mutually exclusive doctrines. I do so by criticizing two claims made by Jonathan Quong. First, I object to his claim that comprehensive anti-perfectionism is incoherent. Second, I criticize his claim that liberal perfectionism cannot avoid a paternalist stance. I argue that Quong’s substantive assumptions about personal autonomy undermine both of his arguments. I use the discussion of Quong to argue that the standard assumption in liberal (...)
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  34.  43
    Arguments and Analysis in Bioethics.Matti Häyry, Tuija Takala, Peter Herissone-Kelly & Gardar Árnason (eds.) - 2010 - Amsterdam: Brill | Rodopi.
    Is there any justification for the common practice of allocating expensive medical resources to rescue a few from rare diseases, when those resources could be used to treat devastating diseases that affect the many? Does the use of Prozac and other anti-depressants make us inauthentic beings? Is it immoral and irrational to have children? What is the force of examples and counterexamples in bioethics? What are the relevance of moral intuition and the role of empirical evidence in bioethical argument? What (...)
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  35. A Contentious Trinity: Levels of Entailment in Brandom’s Pragmatist Inferentialism.Edgar Andrade-Lotero & Catarina Dutilh Novaes - 2012 - Philosophia 40 (1):41-53.
    We investigate the relations among Brandom’s three dimensions of semantic inferential articulation, namely, incompatibility entailments, committive consequences, and permissive consequences. In his unpublished manuscript “Conceptual Content and Discursive Practice” Brandom argues that (1) incompatibility entailment implies committive consequence, and that (2) committive consequence in turn implies permissive consequence. We criticize this hierarchy both on internal and external grounds. Firstly, we prove that, using Brandom’s own definitions, the reverse of (1) also holds, and that the reverse of (2) may hold (but (...)
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  36.  18
    On universality of classical probability with contextually labeled random variables: Response to A. Khrennikov.Ehtibar N. Dzhafarov & Maria Kon - 2019 - Journal of Mathematical Psychology 89:93-97.
    In his constructive and well-informed commentary, Andrei Khrennikov acknowledges a privileged status of classical probability theory with respect to statistical analysis. He also sees advantages offered by the Contextuality-by-Default theory, notably, that it “demystifies quantum mechanics by highlighting the role of contextuality,” and that it can detect and measure contextuality in inconsistently connected systems. He argues, however, that classical probability theory may have difficulties in describing empirical phenomena if they are described entirely in terms of observable events. We disagree: contexts (...)
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  37. Naturalism and normativity in the philosophy of law.Mark Greenberg - manuscript
    In this paper, I criticize an influential understanding of naturalization according to which work on traditional problems in the philosophy of law should be replaced with sociological or psychological explanations of how judges decide cases. W.V. Quine famously proposed the “naturalization of epistemology.” Quine argued that we should replace certain traditional philosophical inquiries into the justification of our beliefs with empirical psychological inquiry into how we actually form beliefs. In a prominent series of papers and a forthcoming book, Brian Leiter (...)
     
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  38.  62
    Theological naturalism and the nature of religion: On not begging the question.Charley D. Hardwick - 1987 - Zygon 22 (1):21-35.
    Too many theologies beg the question about the nature of religion by building metaphysically substantive assumptions into its description. Typically these assumptions are: the object of religious devotion must be both absolute and personal, final causality must be true, and there must be a cosmic conservation of value. Theological naturalism, exemplified in the thought of Henry Nelson Wieman, articulates an entirely formal, yet not substantively empty, conception of religion which does not beg these questions and which is (...)
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  39.  47
    Rational reconstruction and immature science.Stuart Silvers - 1996 - Philosophical Psychology 9 (1):93 – 109.
    The distinction between mature and immature science is controversial. Laudan (1977) disavows the idea of immature science while Von Eckardt (1993) claims that cognitive science is just that (an immature science) and modifies Laudan's Research Tradition methodology to argue its rational pursuability . She uses the (Kuhnian) idea of a framework of shared characteristics (FSC) to identify the community of cognitive scientists. Diverse community assumptions pertaining specifically to human cognitive capacities (should) consolidate cognitive research efforts into a coherent and (...)
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  40.  31
    Exploitation and Rational Choice.Loren King - 2011 - Canadian Journal of Political Science 44 (3):35–661.
    Critics fault rational choice theory for dubious assumptions and limited explanatory power. The aims of rational choice are, however, as much normative as explanatory, and I argue that an abiding concern of political thought—the wrong of exploitation—gives moral weight to some of the more substantive assumptions underlying many rational choice prescriptions.
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  41.  63
    B. Kant's Theory of Form. [REVIEW]Mary Gregor - 1983 - Review of Metaphysics 37 (1):138-140.
    In the Prolegomena, Kant characterized the position of the Critique of Pure Reason as "formal idealism." Kant's Theory of Form questions whether the enterprise Kant undertook in the Critique can be successfully carried through, and finds that Kant's self-imposed methodological restrictions generate tensions that he could have resolved only by abandoning his assumption that determinate forms of knowledge are knowable a priori and that an exclusive concern with them is compatible with empirical realism. It is, Pippin argues, Kant's method itself, (...)
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  42.  36
    What is Cognitive Science? [REVIEW]William S. Robinson - 1994 - Review of Metaphysics 48 (2):436-437.
    How is a science--especially one not yet mature--properly to be described? This question is considered in Von Eckardt's first chapter and in a lengthy appendix that summarizes, criticizes, and amends philosophies of science offered by logical positivism, Kuhn, and Laudan. The result, which structures the book, is that a developing science can be characterized by a framework of shared commitments of its practitioners. The shared commitments of cognitive scientists, stated at the end of the first chapter and explained thereafter, concern (...)
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  43. Error statistical modeling and inference: Where methodology meets ontology.Aris Spanos & Deborah G. Mayo - 2015 - Synthese 192 (11):3533-3555.
    In empirical modeling, an important desiderata for deeming theoretical entities and processes as real is that they can be reproducible in a statistical sense. Current day crises regarding replicability in science intertwines with the question of how statistical methods link data to statistical and substantive theories and models. Different answers to this question have important methodological consequences for inference, which are intertwined with a contrast between the ontological commitments of the two types of models. The key to untangling them (...)
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  44. The Three Circles of Consciousness.Uriah Kriegel - 2023 - In M. Guillot & M. Garcia-Carpintero, Self-Experience: Essays on Inner Awareness. Oxford University Press. pp. 169-191.
    A widespread assumption in current philosophy of mind is that a conscious state’s phenomenal properties vary with its representational contents. In this paper, I present (rather dogmatically) an alternative picture that recognizes two kinds of phenomenal properties that do not vary concomitantly with content. First, it admits phenomenal properties that vary rather with attitude: what it is like for me to see rain is phenomenally different from what it is like for me to remember (indistinguishable) rain, which is different again (...)
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  45. What is the Work of Sportsmen and -Women, and (When) Should it be Paid Equally?Robert Kowalenko - 2021 - Sport, Ethics and Philosophy 16 (3):254-280.
    Professional sport like most human activities undertaken for pay is subject to Article 23(2) of the Universal Declaration of Human Rights (“Equal Pay for Equal Work”). An athlete’s ‘work’ can be variously construed, however, as entertainment/profit generation, athletic performance, or effort. Feminist arguments for gender wage parity in professional sport based on the former two construals rely on counterfactual assumptions, given that most actual audiences and performances of athletes identifying as female do not (currently) equal those of athletes identifying (...)
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  46.  56
    Are Legal Concepts Embedded in Legal Norms?Tomasz Gizbert-Studnicki & Mateusz Klinowski - 2012 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):553-562.
    In this paper, we discuss the problem of the relationship between legal concepts and legal norms. We argue that one of the widespread theories of legal concepts, which we call ‘the embedding theory’, is false. The theory is based on the assumption that legal norms are central for any legal system and that each legal norm establishes an inferential link between a certain class of facts and a certain class of legal consequences. Alf Ross’s embedding theory was presented in his (...)
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  47. Why the Late Justice Scalia Was Wrong: The Fallacies of Constitutional Textualism.Ken Levy - 2017 - Lewis and Clark Law Review 21 (1):45-96.
    My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First (...)
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    Discovering Complexity: Decomposition and Localization as Strategies in Scientific Research.William Bechtel & Robert C. Richardson - 2010 - Princeton.
    An analysis of two heuristic strategies for the development of mechanistic models, illustrated with historical examples from the life sciences. In Discovering Complexity, William Bechtel and Robert Richardson examine two heuristics that guided the development of mechanistic models in the life sciences: decomposition and localization. Drawing on historical cases from disciplines including cell biology, cognitive neuroscience, and genetics, they identify a number of "choice points" that life scientists confront in developing mechanistic explanations and show how different choices result in divergent (...)
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  49.  28
    Professor Langford's Meaning of 'Miracle'.Tan Tai Wei - 1972 - Religious Studies 8 (3):251 - 255.
    In his paper ‘The Problem of the Meaning of “Miracle” , Professor Michael J. Langford proffers a concept of miracles that derives its intelligibility from the familiar phenomenon of the interaction of minds. Miraculous occurrences are portrayed as a variant, though abnormal, form of what we may term ‘inter-psychosomatic influence’, God's mind being the ultimate determinant. Langford thinks that to speak significantly of miracles, the phenomenon should be understood as ‘not totally dissimilar to our previous experience’ ; hence the familiar (...)
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    Perspectives, norms, and agency.Ryan Muldoon - 2017 - Social Philosophy and Policy 34 (1):260-276.
    A core set of assumptions in economic modeling is that rational agents, who have a defined preference set, assess their options and determine which best satisfies their preferences. The rational actor model supposes that the world provides us with a menu of options, and we simply choose what’s best for us. Agents are independent of one another, and they can rationally assess which of their options they wish to pursue. This gives special authority to the choices that people make, (...)
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