Results for 'Andrew Botterell'

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  1. A Physicalist Manifesto: Thoroughly Modem Materialism. [REVIEW]Andrew Botterell - 2005 - Philosophical Review 114 (1):125-128.
    A review of Andrew Melnyk's _A Physicalist Manifesto_ (Cambridge: CUP, 2003).
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  2. Can a Right to Reproduce Justify the Status Quo on Parental Licensing?Andrew Botterell & Carolyn McLeod - 2015 - In Richard Vernon, Sarah Hannan & Samantha Brennan (eds.), Permissible Progeny: The Morality of Procreation and Parenting. New York: Oxford University Press. pp. 184-207.
    The status quo on parental licensing in most Western jurisdictions is that licensing is required in the case of adoption but not in the case of assisted or unassisted biological reproduction. To have a child via adoption, one must fulfill licensing requirements, which, beyond the usual home study, can include mandatory participation in parenting classes. One is exempt from these requirements, however, if one has a child via biological reproduction, including assisted reproduction involving donor gametes or a contract pregnancy. In (...)
     
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  3.  68
    Why we ought to be (reasonable) subjectivists about justification.Andrew Botterell - 2007 - Criminal Justice Ethics 26 (1):36-58.
    My aim in this paper is to argue that justification should not be conceived of in purely objective terms. In arguing for that conclusion I focus in particular on Paul Robinson’s presentation of that position, since it is the most sophisticated defense of the objective account of justification in the literature. My main point will be that the distinction drawn by Robinson between objective and subjective accounts of justification is problematic, and that careful attention to the role played by reasonableness (...)
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  4.  40
    Parental Licensing and Discrimination.Carolyn McLeod & Andrew Botterell - 2018 - In Anca Gheaus, Gideon Calder & Jurgen de Wispelaere (eds.), The Routledge Handbook of the Philosophy of Childhood and Children. New York: Routledge. pp. 202-212.
    Philosophical theories about parental licensing tend to pay insufficient attention to forms of discrimination that may be inherent in, or result from, a system of parental licensing. By situating these theories in relation to the status quo on parental licensing, we aim to show how many of them reinforce what philosophers have called “biologism”: the privileging of families formed through biological reproduction over families formed in other ways. Much of our discussion focuses on biologism, although we also touch on other (...)
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  5. A Primer on the distinction between justification and excuse.Andrew Botterell - 2009 - Philosophy Compass 4 (1):172-196.
    This article is about the distinction between justification and excuse, a distinction which, while familiar, remains controversial. My discussion focuses on three questions. First, what is the distinction? Second, why is it important? And third, what are some areas of inquiry in which the distinction might be philosophically fruitful? I suggest that the distinction has practical and theoretical consequences, and is therefore worth taking seriously; I highlight two philosophical issues in which the distinction might play a useful role; but I (...)
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  6. Temporal Parts And Temporary Intrinsics.Andrew Botterell - 2004 - Metaphysica 5 (2):5-23.
    In this paper I consider an objection that friends of the Metaphysic of Temporal Parts (MTP) press against other solutions to the problem of temporary intrinsics and turn it against the MTP itself. I do not argue that the MTP must be false, nor do I argue that there are no arguments in favor of the MTP. Rather, the conclusion I draw is conditional: if the MTP provides an adequate response to the problem of temporary intrinsics, then the MTP provides (...)
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  7.  61
    Licensing Parents in International Contract Pregnancies.Andrew Botterell & Carolyn McLeod - 2015 - Journal of Applied Philosophy 33 (2):178-196.
    The Hague Conference on Private International Law currently has a Parentage/Surrogacy Project, which evaluates the legal status of children in cross-border situations, including situations involving international contract pregnancy. Should a convention focusing on international contract pregnancy emerge from this project, it will need to be consistent with the Hague convention on Intercountry Adoption. The latter convention prohibits adoptions unless, among other things, ‘the competent authorities of the receiving State have determined that the prospective adoptive parents are eligible and suited to (...)
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  8.  73
    In defence of infringement.Andrew Botterell - 2008 - Law and Philosophy 27 (3):269-292.
    According to a familiar and influential view, rights are not absolute. To the contrary, they can sometimes be permissibly interfered with. I find such a view of rights attractive. John Oberdiek thinks otherwise. In a recent paper in this journal, Oberdiek has argued that any account of rights that incorporates a distinction between infringing and violating a right is indefensible. My aim in this paper is to argue that Oberdiek's worries are misplaced. The paper proceeds as follows. After some terminological (...)
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  9. Mellor on negative properties.Andrew Botterell - 1998 - Philosophical Quarterly 48 (193):523-526.
    DH Mellor has argued that there can be no negative, disjunctive, or conjunctive properties. This argument has been criticized by Alex Oliver on the grounds that it rests on a contentious identity criterion for facts, but it seems to me that a simpler criticism is available. According to this criticism, the problem with Mellor's argument is that it trades on an ambiguity in the semantics of the phrase "the fact that", according to which "the fact that" can be understood as (...)
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  10.  26
    An Anscombean Reference for ‘I’?Andrew Botterell & Robert J. Stainton - 2018 - Croatian Journal of Philosophy 18 (3):343-361.
    A standard reading of Anscombe’s “The First Person” takes her to argue, via reductio, that ‘I’ must be radically non-referring. Allegedly, she analogizes ‘I’ to the expletive ‘it’ in ‘It is raining’. Hence nothing need be said about Anscombe’s understanding of “the referential functioning of ‘I’”, there being no such thing. We think that this radical reading is incorrect. Given this, a pressing question arises: How does ‘I’ refer for Anscombe, and what sort of thing do users of ‘I’ refer (...)
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  11.  67
    Quotation: Compositionality and Innocence without Demonstration.Andrew Botterell & Robert J. Stainton - 2005 - Critica 37 (110):3-33.
    We discuss two kinds of quotation, namely indirect quotation and pure quotation. With respect to each, we have both a negative and a positive plaint. The negative plaint is that the strict Davidsonian treatment of indirect and pure quotation cannot be correct. The positive plaint is an alternative account of how quotation of these two sorts works. /// Discutimos dos tipos de citas, a saber, citas indirectas y citas puras. Hacemos dos planteamientos, uno positivo y otro negativo, con respecto a (...)
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  12. Conceiving what is not there.Andrew Botterell - 2001 - Journal of Consciousness Studies 8 (8):21-42.
    In this paper I argue that certain so-called conceivability arguments fail to show that a currently popular version of physicalism in the philosophy of mind is false. Concentrating on an argument due to David Chalmers, I first argue that Chalmers misrepresents the relation between conceivability and possibility. I then argue that the intuition behind the conceivability of so-called zombie worlds can be accounted for without having to suppose that such worlds are genuinely conceivable. I conclude with some general remarks about (...)
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  13.  44
    Logical Form and the Vernacular Revisited.Andrew Botterell & Robert J. Stainton - 2017 - Mind and Language 32 (4):495-522.
    We revisit a debate initiated some 15 years ago by Ray Elugardo and Robert Stainton about the domain of arguments. Our main result is that arguments are not exclusively sets of linguistic expressions. Instead, as we put it, some non-linguistic items have ‘logical form’. The crucial examples are arguments, both deductive and inductive, made with unembedded words and phrases. … subsentential expressions such as singular terms and predicates… cannot serve as premises or conclusions in inferences.
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  14. The property dualism argument against physicalism.Andrew Botterell - 2003 - Journal of Philosophical Research 28:223-242.
    Many contemporary philosophers of mind are concerned to defend a thesis called a posteriori physicalism. This thesis has two parts, one metaphysical, and the other epistemological. The metaphysical part of the thesis—the physicalist part—is the claim that the psychological nature of the actual world is wholly physical. The epistemological part of the thesis—the a posteriori part—is the claim that no a priori connection holds between psychological nature and physical nature. Despite its attractiveness, however, a familiar argument alleges that a posteriori (...)
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  15. Reconciling the Principled Approach to Hearsay with the Rule of Law.Andrew Botterell - 2014 - Supreme Court Law Review 65 (2d):145-168.
    My goal in this paper is to argue that the principled approach to hearsay is consistent with the rule of law. I begin by contrasting an instrumental conception of the rule of law with a conception that views the rule of law in primarily normative terms. I then turn my attention to a recent criticism of the Supreme Court of Canada’s principled approach to hearsay and suggest that if Michael Oakeshott’s normative interpretation of the rule of law is adopted, there (...)
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  16.  31
    Property, Corrective Justice, and the Nature of the Cause of Action in Unjust Enrichment.Andrew Botterell - 2007 - Canadian Journal of Law and Jurisprudence 20 (2):275-296.
    In this paper I reconsider the relation between property and unjust enrichment and respond to a recent argument that actions in unjust enrichment cannot be actions in corrective justice. I suggest that any analysis that regards actions in unjust enrichment as embodying principles of corrective justice requires supplementation by considerations that are, at bottom, proprietary in nature. I argue that there is no incompatibility in viewing actions in unjust enrichment as actions whose grounds are broadly proprietary in nature; that understanding (...)
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  17.  44
    Physicalism, supervenience, and dependence: A reply to Campbell.Andrew Botterell - 2002 - Dialogue 41 (1):155-161.
    Neil Campbell has argued that certain problems with the doctrine of psycho-physical supervenience can be overcome if supervenience is viewed as a relation between predicates rather than as a relation between properties. Campbell suggests that, when properly understood, this predicate version of supervenience "expresses a form of psycho-physical dependence that might be useful to those who wish to argue for a supervenience-based physicalism”. In this note I indicate why I think we ought to resist this suggestion. First, I argue quite (...)
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  18.  31
    Analysis in Mind.Andrew Botterell - 1998 - Dissertation, Massachusetts Institute of Technology
    From the time of Descartes to about the 1960s, a certain epistemological idea dominated the philosophy of mind, namely the idea that theses about the relation between mind and body are, if true, a priori truths. Much of recent philosophy of mind is devoted to the question whether that idea is right. My research is largely an attempt to argue that some recent defenses of it are unsuccessful. ;For example, Physicalism is the metaphysical thesis that every actual psychological event, property, (...)
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  19. Colors as explainers?Andrew Botterell - 2003 - Behavioral and Brain Sciences 26 (6):785-786.
    Byrne & Hilbert argue that colors are reflectance properties of objects. They also claim that a necessary condition for something's being a color is that it causally explain – or be causally implicated in the explanation of – our perceptions of color. I argue that these two positions are in conflict.
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  20.  64
    Contractual Performance, Corrective Justice, and Disgorgement for Breach of Contract.Andrew Botterell - 2010 - Legal Theory 16 (3):135-160.
    This paper is about the remedy of disgorgement for breach of contract. In it I argue for two conclusions. I first argue that, prima facie at least, disgorgement damages for breach of contract present something of a puzzle. But second, I argue that if we pay close attention to the notion of contractual performance, this puzzle can be resolved in a way that is consistent with principles of corrective justice. In particular, I suggest that even if a contract gives the (...)
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  21.  40
    Normativity, Fairness, and the Problem of Factual Uncertainty.Andrew Botterell & Chris Essert - 2010 - Osgoode Hall Law Journal 47 (4):663-693.
    This article concerns the problem of factual uncertainty in negligence law. We argue that negligence law’s insistence that fair terms of interaction be maintained between individuals—a requirement that typically manifests itself in the need for the plaintiff to prove factual or “but-for” causation—sometimes allows for the imposition of liability in the absence of such proof. In particular, we argue that the but-for requirement can be abandoned in certain situations where multiple defendants have imposed the same unreasonable risk on a plaintiff, (...)
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  22.  20
    Private law, public right, and the law of unjust enrichment.Andrew Botterell - 2021 - Jurisprudence 12 (4):537-561.
    Unjust enrichment continues to fascinate and frustrate. While it is clear that unjust enrichment is a form of private law liability distinct from that found in property, contract, or tort, it remai...
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  23.  44
    Rethinking Criminal Law: Critical Notice: Truth, Error, and Criminal Law: An Essay in Legal Epistemologyby Larry Laudan.Andrew Botterell - 2009 - Canadian Journal of Law and Jurisprudence 22 (1):93-112.
    Imagine the following. You have been asked to critically evaluate the criminal process in your home jurisdiction. In particular, you have been asked to determine whether the criminal process currently in place appropriately balances the need to maximize the chances of getting things right—of acquitting the innocent and convicting the guilty—with the need to minimize the chances of getting things wrong—of acquitting the guilty and convicting the innocent. How would you proceed? What rules of evidence and procedure would you put (...)
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  24. Should the Supreme Court Cite Living Judges?Andrew Botterell - 2009 - The Advocates' Quarterly 36:138-140.
     
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  25.  34
    The Property Dualism Argument Against Physicalism.Professor Andrew Botterell - 2003 - Journal of Philosophical Research 28:223-242.
  26.  5
    The Property Dualism Argument Against Physicalism.Professor Andrew Botterell - 2003 - Journal of Philosophical Research 28:223-242.
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  27. Understanding the Voluntary Act principle.Andrew Botterell - 2012 - In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.
    In broad outline, the chapter proceeds as follows. As indicated above, the Voluntary Act Principle has two components. The first part, the act component, claims that criminal liability can be imposed on an accused only for the performance of an act. The second part, the voluntariness component, claims that criminal liability can be imposed on an accused only for the voluntary performance of an act. I will argue that both components of the Voluntary Act Principle are in need of amendment. (...)
     
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  28.  10
    Why Gametes are not Like Enriched Uranium.Andrew Botterell - 2016 - Bioethics 30 (9):741-750.
    According to Rivka Weinberg, gametes are like enriched uranium: both are hazardous materials. Exposing human beings to enriched uranium can result in radioactivity and decreased life expectancy, while exposing sperm and ova to each other can result in the creation of needy innocent persons with full moral status. Weinberg argues that when we engage in activities that put our gametes at risk of joining with others and growing into persons, we assume the costs of that risky activity. She calls this (...)
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  29.  52
    A Hague Convention on Contract Pregnancy : Avoiding Ethical Inconsistencies with the Convention on Adoption.Carolyn McLeod & Andrew Botterell - 2014 - International Journal of Feminist Approaches to Bioethics 7 (2):219-235.
    In the past, the Hague Conference on Private International Law has shaped how people can become the legal parents of children born in countries other than their own. It did so by creating the 1993 Hague Convention on Intercountry Adoption. It is now interested in developing a convention on international contract pregnancy. We discuss in this commentary what such a convention would have to include for it to be ethically consistent with the Convention on Adoption.
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  30. Not For the Faint of Heart: Assessing the Status Quo on Adoption and Parental Licensing.Carolyn McLeod & Andrew Botterell - 2014 - In Francoise Baylis & Carolyn McLeod (eds.), Family Making: Contemporary Ethical Challenges. Oxford University Press. pp. 151-167.
    The process of adopting a child is “not for the faint of heart.” This is what we were told the first time we, as a couple, began this process. Part of the challenge lies in fulfilling the licensing requirements for adoption, which, beyond the usual home study, can include mandatory participation in parenting classes. The question naturally arises for many people who are subjected to these requirements whether they are morally justified. We tackle this question in this paper. In our (...)
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  31. Review of Andrew Melnyk, A Physicalist Manifesto. [REVIEW]Andrew Botterell - 2005 - Philosophical Review 114 (1):125-128.
    A review of Andrew Melnyk, A Physicalist Manifesto: Thoroughly Modern Materialism (Cambridge University Press, 2003).
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  32. Review of Arthur Ripstein, Force and Freedom. [REVIEW]Andrew Botterell - 2011 - Canadian Journal of Political Science 44:457-458.
    A review of Arthur Ripstein, Force and Freedom: Kant's Legal and Political Philosophy (Harvard University Press, 2009).
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  33. Review of Douglas Husak, Philosophy of Criminal Law: Selected Essays. [REVIEW]Andrew Botterell - 2013 - University of Toronto Law Journal 63 (1):152-158.
    A review of Douglas Husak, Philosophy of Criminal Law: Selected Essays (Oxford University Press, 2010).
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  34. Review of Katy Barnett, Accounting for Profit for Breach of Contract. [REVIEW]Andrew Botterell - 2013 - Canadian Business Law Journal 54:99-106.
    A review of Katy Barnett, Accounting for Profit for Breach of Contract (Hart Publishing, 2012).
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  35.  30
    By the Ties of Natural Justice and Equity. [REVIEW]Andrew Botterell - 2013 - Jurisprudence 4 (1):138-150.
    A review of Robert Chambers, Charles Mitchell and James Penner, eds., Philosophical Foundations of the Law of Unjust Enrichment (Oxford University Press, 2009).
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  36. Rethinking Criminal Law. [REVIEW]Andrew Botterell - 2009 - Canadian Journal of Law and Jurisprudence 22:93-112.
    A review of Larry Laudan, Truth Error and Criminal Law: An Essay in Legal Epistemology (Cambridge University Press, 2006).
     
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  37.  37
    Physicalism, supervenience, and dependence: A reply to Botterell.Neil Campbell - 2002 - Dialogue 41 (1):163-167.
    Andrew Botterell has offered a fine response to my article, "Supervenience and Psycho-Physical Dependence". In my original article, I argued that Donald Davidson's brand of supervenience should be understood as a relation between predicates rather than properties, that this formulation captures a form of psycho-physical dependence that eludes other forms of supervenience, and that, as such, it might be useful to revisit Davidsonian supervenience as a means of expressing a plausible form of physicalism. Botterell's reply centres on (...)
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  38. Objective Phenomenology.Andrew Y. Lee - 2024 - Erkenntnis 89 (3):1197–1216.
    This paper examines the idea of objective phenomenology, or a way of understanding the phenomenal character of conscious experiences that doesn’t require one to have had the kinds of experiences under consideration. My central thesis is that structural facts about experience—facts that characterize purely how conscious experiences are structured—are objective phenomenal facts. I begin by precisifying the idea of objective phenomenology and diagnosing what makes any given phenomenal fact subjective. Then I defend the view that structural facts about experience are (...)
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  39. Discrimination.Andrew Altman - 2020 - Stanford Encyclopedia of Philosophy.
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  40. Responsibility, Tracing, and Consequences.Andrew C. Khoury - 2012 - Canadian Journal of Philosophy 42 (3-4):187-207.
    Some accounts of moral responsibility hold that an agent's responsibility is completely determined by some aspect of the agent's mental life at the time of action. For example, some hold that an agent is responsible if and only if there is an appropriate mesh among the agent's particular psychological elements. It is often objected that the particular features of the agent's mental life to which these theorists appeal (such as a particular structure or mesh) are not necessary for responsibility. This (...)
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  41. Theories of Perceptual Content and Cases of Reliable Spatial Misperception.Andrew Rubner - 2024 - Philosophy and Phenomenological Research 108 (2):430-455.
    Perception is riddled with cases of reliable misperception. These are cases in which a perceptual state is tokened inaccurately any time it is tokened under normal conditions. On the face of it, this fact causes trouble for theories that provide an analysis of perceptual content in non-semantic, non-intentional, and non-phenomenal terms, such as those found in Millikan (1984), Fodor (1990), Neander (2017), and Schellenberg (2018). I show how such theories can be extended so that they cover such cases without giving (...)
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  42. What are seemings?Andrew Cullison - 2010 - Ratio 23 (3):260-274.
    We are all familiar with the phenomenon of a proposition seeming true. Many think that these seeming states can yield justified beliefs. Very few have seriously explored what these seeming states are. I argue that seeming states are not plausibly analyzed in terms of beliefs, partial beliefs, attractions to believe, or inclinations to believe. Given that the main candidates for analyzing seeming states are unsatisfactory, I argue for a brute view of seemings that treats seeming states as irreducible propositional attitudes.
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  43. Nietzsche.Andrew Huddleston - 2019 - In J. A. Shand (ed.), The Blackwell Companion to 19th Century Philosophy. Blackwell.
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  44. Pragmatic Reasons for Belief.Andrew Reisner - 2018 - In Daniel Star (ed.), The Oxford Handbook of Reasons and Normativity. New York, NY, United States of America: Oxford University Press.
    This is a discussion of the state of discussion on pragmatic reasons for belief.
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  45.  6
    Heidegger's Black notebooks: responses to anti-semitism.Andrew J. Mitchell (ed.) - 2017 - New York: Columbia University Press.
    This book brings together an international group of scholars to discuss the ramifications of Heidegger's Black Notebooks for philosophy and the humanities. In contrast to both those who seek to exonerate Heidegger and those who simply condemn him, they urge careful reading and rereading of his work to turn Heideggerian thought against itself.
  46. Kantian Fallibilism: Knowledge, Certainty, Doubt.Andrew Chignell - 2021 - Midwest Studies in Philosophy 45:99-128.
    For Kant, knowledge involves certainty. If “certainty” requires that the grounds for a given propositional attitude guarantee its truth, then this is an infallibilist view of epistemic justification. Such a view says you can’t have epistemic justification for an attitude unless the attitude is also true. Here I want to defend an alternative fallibilist interpretation. Even if a subject has grounds that would be sufficient for knowledge if the proposition were true, the proposition might not be true. And so there (...)
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  47.  27
    Purity and Explanation: Essentially Linked?Andrew Arana - 2023 - In Carl Posy & Yemima Ben-Menahem (eds.), Mathematical Knowledge, Objects and Applications: Essays in Memory of Mark Steiner. Springer. pp. 25-39.
    In his 1978 paper “Mathematical Explanation”, Mark Steiner attempts to modernize the Aristotelian idea that to explain a mathematical statement is to deduce it from the essence of entities figuring in the statement, by replacing talk of essences with talk of “characterizing properties”. The language Steiner uses is reminiscent of language used for proofs deemed “pure”, such as Selberg and Erdős’ elementary proofs of the prime number theorem avoiding the complex analysis of earlier proofs. Hilbert characterized pure proofs as those (...)
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  48. The Analytic of Concepts.Andrew Stephenson & Anil Gomes - 2024 - In Mark Timmons & Sorin Baiasu (eds.), The Kantian Mind. London and New York: Routledge.
    The aim of the Analytic of Concepts is to derive and deduce a set of pure concepts of the understanding, the categories, which play a central role in Kant’s explanation of the possibility of synthetic a priori cognition and judgment. This chapter is structured around two questions. First, what is a pure concept of the understanding? Second, what is involved in a deduction of a pure concept of the understanding? In answering the first, we focus on how the categories differ (...)
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  49.  8
    Mental Time Travel in Animals: The “When” of Mental Time Travel.Andrew J. Latham, Kristie Miller & Rasmus Pedersen - forthcoming - Philosophical Transactions of the Royal Society B: Biological Sciences.
    While many aspects of cognition have been shown to be shared between humans and non-human animals, there remains controversy regarding whether the capacity to mentally time travel is a uniquely human one. In this paper, we argue that there are four ways of representing when some event happened: four kinds of temporal representation. Distinguishing these four kinds of temporal representation has five benefits. First, it puts us in a position to determine the particular benefits these distinct temporal representations afford an (...)
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  50.  8
    Public reason and political community.Andrew Lister - 2013 - New York: Bloomsbury Academic.
    Public reason in practice and theory -- False starts: unsuccessful justifications of public reason -- Respect for persons as a constraint on coercion -- Higher-order unanimity escape clause -- Civic friendship as a constraint on reasons for decision -- Public reason and (same-sex) marriage.
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