Results for 'Scott Hershovitz'

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  1.  31
    Law is a moral practice.Scott Hershovitz - 2023 - London, England: Harvard University Press.
    What is law, and why does it matter? Scott Hershovitz says that law is a moral practice-a tool for adjusting our moral relations. This claim is simple on its face, but it has stark implications for the rule of law. At once erudite and entertaining, Hershovitz's argument engages with the most important legal and political controversies of our time.
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  2.  3
    Nasty, brutish, and short: adventures in philosophy with kids.Scott Hershovitz - 2022 - New York: Penguin Press.
    From a Michigan professor of law and philosophy, a thought-provoking investigation into life's biggest questions with the help of great philosophers old and new-including his two young children. Like any new parent, Scott Hershovitz closely observed his two young sons, Rex and Hank, from their early days. From the time they could talk, he noticed that they raised philosophical questions and were determined to answer them. Children find the world a puzzling place, so they try to puzzle it (...)
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  3. The Role of Authority.Scott Hershovitz - 2011 - Philosophers' Imprint 11.
    The most influential account of authority – Joseph Raz's service conception – is an account of the role of authority, in that it is an account of its point or function. However, authority does not have a characteristic role to play, and even if it did, the ability to play a role is not, by itself, sufficient to establish authority. The aim of this essay is to shift our focus from roles that authority plays to roles that people play – (...)
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  4. Legitimacy, democracy, and Razian authority.Scott Hershovitz - 2003 - Legal Theory 9 (3):201-220.
  5. Integrity and stare decisis.Scott Hershovitz - 2006 - In Exploring Law's Empire: The Jurisprudence of Ronald Dworkin. Oxford University Press.
  6.  5
    Of law.Scott Hershovitz - 2012 - In Marmor Andrei (ed.), The Routledge Companion to Philosophy of Law. Routledge. pp. 65.
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  7.  39
    The Model of Plans and the Prospects for Positivism.Scott Hershovitz - 2014 - Ethics 125 (1):152-181.
    In Legality, Scott Shapiro builds his case for legal positivism on a simple premise: laws are plans. Recognition of that fact leads to legal positivism, Shapiro says, because the content of a plan is fixed by social facts. In this essay, I argue that Shapiro’s case for legal positivism fails. Moreover, I argue that we can learn important lessons about the prospects for positivism by attending to the ways in the argument fails. As I show, the flaws in Shapiro’s (...)
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  8.  23
    Exploring law's empire: the jurisprudence of Ronald Dworkin.Scott Hershovitz (ed.) - 2006 - New York: Oxford University Press.
    Exploring Law's Empire is a collection of essays by leading legal theorists and philosophers who have been invited to develop, defend, or critique Ronald Dworkin's controversial and exciting jurisprudence. The volume explores Dworkin's critique of legal positivism, his theory of law as integrity, and his writings on constitutional jurisprudence. Each essay is a cutting-edge contribution to its field of inquiry, the highlights of which include an introduction by Justice Stephen Breyer of the United States Supreme Court, and a concluding essay (...)
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  9.  48
    Wittgenstein on Rules: The Phantom Menace.Scott Hershovitz - 2002 - Oxford Journal of Legal Studies 22 (4):619-640.
    Ludwig Wittgenstein's work on rules has been put to a variety of uses by legal theorists. One wave of theorists employs Wittgenstein in an effort to show that law is radically indeterminate. They base their arguments on Saul Kripke's influential reading of Wittgenstein's Philosophical Investigations. This essay begins with a consideration of Kripke's view and its implications for law. Like many before, I conclude that Kripke's view is defective, and as such teaches us little about law. But it is important (...)
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  10.  2
    Judging Interpretations.Scott Hershovitz - 2001
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  11.  66
    Birth of a brain disease: science, the state and addiction neuropolitics.Scott Vrecko - 2010 - History of the Human Sciences 23 (4):52-67.
    This article critically interrogates contemporary forms of addiction medicine that are portrayed by policy-makers as providing a ‘rational’ or politically neutral approach to dealing with drug use and related social problems. In particular, it examines the historical origins of the biological facts that are today understood to provide a foundation for contemporary understandings of addiction as a ‘disease of the brain’. Drawing upon classic and contemporary work on ‘styles of thought’, it documents how, in the period between the mid-1960s and (...)
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  12. Divine Hiddenness and De Jure Objections to Theism: You Can Have Both.Scott Hill & Felipe Leon - forthcoming - Philosophy and Theology.
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  13. Against the Double Standard Argument in AI Ethics.Scott Hill - 2024 - Philosophy and Technology 37 (1):1-5.
    In an important and widely cited paper, Zerilli, Knott, Maclaurin, and Gavaghan (2019) argue that opaque AI decision makers are at least as transparent as human decision makers and therefore the concern that opaque AI is not sufficiently transparent is mistaken. I argue that the concern about opaque AI should not be understood as the concern that such AI fails to be transparent in a way that humans are transparent. Rather, the concern is that the way in which opaque AI (...)
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  14.  51
    What is Meaning?Scott Soames - 2010 - Princeton University Press.
    The tradition descending from Frege and Russell has typically treated theories of meaning either as theories of meanings, or as theories of truth conditions. However, propositions of the classical sort don't exist, and truth conditions can't provide all the information required by a theory of meaning. In this book, one of the world's leading philosophers of language offers a way out of this dilemma. Traditionally conceived, propositions are denizens of a "third realm" beyond mind and matter, "grasped" by mysterious Platonic (...)
  15.  16
    The Intercorporeal Self: Merleau-Ponty on Subjectivity.Scott L. Marratto - 2012 - Albany: State University of New York Press.
    An original interpretation of Merleau-Ponty on subjectivity, drawing from and challenging both the continental and analytic traditions.
  16. Ontology, analyticity, and meaning : the Quine-Carnap dispute.Scott Soames - 2009 - In David Chalmers, David Manley & Ryan Wasserman (eds.), Metametaphysics: New Essays on the Foundations of Ontology. Oxford University Press. pp. 424--43.
    In the middle of the twentieth century a dispute erupted between the chief architect of Logical Empiricism, Rudolf Carnap, and Logical Empiricism’s chief reformer, Willard van Orman Quine -- who was attempting to save what he took to be its main insights by recasting them in a more acceptable form. Though both eschewed metaphysics of the traditional apriori sort, and both were intent on making the investigation of science the center of philosophy, they disagreed about how to do so. Part (...)
     
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  17.  11
    What Makes an Argument Strong?Blake D. Scott - 2024 - Informal Logic 44 (1):19-43.
    It is widely believed that Perelman and Olbrechts-Tyteca’s theory of argumentation is vulnerable to the charge of relativism. This paper provides a more charitable interpretation of Perelman and Olbrechts-Tyteca’s normative views, one that properly considers the historical trajectory of their work and a wider range of texts than existing interpretations. It is argued that their views are better characterized as a form of “contrastivism about arguments” than any kind relativism. This more accurate depiction contributes to ongoing efforts to revive interest (...)
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  18.  5
    The Intercorporeal Self: Merleau-Ponty on Subjectivity.Scott L. Marratto - 2012 - Albany: State University of New York Press.
    _An original interpretation of Merleau-Ponty on subjectivity, drawing from and challenging both the continental and analytic traditions._.
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  19.  11
    Suffering as a Criterion for Medical Assistance in Dying.John F. Scott & Mary M. Scott - 2023 - In Jaro Kotalik & David Shannon (eds.), Medical Assistance in Dying (MAID) in Canada: Key Multidisciplinary Perspectives. Springer Verlag. pp. 2147483647-2147483647.
    Canada has followed the pattern of Benelux nations by legislating sufferingSuffering as the pivotal eligibilityEligibilitycriterionCriterion for euthanasiaEuthanasia/assisted death without requiring terminal prognosis as is needed in most permissive jurisdictions. This chapter will explore the relationship between sufferingSuffering and Medical Assistance in Dying (MAID) and the ways in which sufferingSuffering is understood in the Supreme Court of Canada, the federal Criminal Code legislation and by health care assessors. Based on this analysis, we will argue that the resulting sufferingSufferingeligibilityEligibilitycriterionCriterion leaves the law (...)
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  20. Figures of light in the early history of relativity (1905-1914).Scott A. Walter - 2018 - In David Rowe (ed.), Einstein Studies. Birkhäuser. pp. 3-50.
    Albert Einstein's bold assertion of the form-invariance of the equation of a spherical light wave with respect to inertial frames of reference became, in the space of six years, the preferred foundation of his theory of relativity. Early on, however, Einstein's universal light-sphere invariance was challenged on epistemological grounds by Henri Poincaré, who promoted an alternative demonstration of the foundations of relativity theory based on the notion of a light-ellipsoid. Drawing in part on archival sources, this paper shows how an (...)
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  21. Law and irresponsibility: on the legitimation of human suffering.Scott Veitch - 2007 - New York., NY: Routledge-Cavendish.
    It is commonly understood that in its focus on rights and obligations law is centrally concerned with organising responsibility. In defining how obligations are created, in contract or property law, say, or imposed, as in tort, public, or criminal law, law and legal institutions are usually seen as society’s key mode of asserting and defining the content and scope of responsibilities. This book takes the converse view: legal institutions are centrally involved in organising irresponsibility. Particularly with respect to the production (...)
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  22. Social structure.John Scott - 2017 - In Hȧkon Leiulfsrud & Peter Sohlberg (eds.), Concepts in action: conceptual constructionism. Boston: Brill.
     
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  23.  10
    David Hume's humanity: the philosophy of common life and its limits.Scott Yenor - 2016 - New York, NY: Palgrave-Macmillan.
    Scott Yenor argues that David Hume's reputation as a skeptic is greatly exaggerated. In David Hume's Humanity, Yenor shows how Hume's skepticism is a moment leading Hume to defend a philosophy that is grounded in the inescapable assumptions of common life. Humane virtues reflect the proper reaction to the complex mixture of human faculties that define the human condition. These gentle virtues best find their home in the modern commercial republic, of which England is the leading example. Hume's defense (...)
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  24.  48
    Synthetic Reductionism in Moral Philosophy.Scott Hill - unknown
    I defend the view that moral properties are identical to properties that can be expressed without using moral vocabulary.
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  25.  21
    Imperial Irony: Rorty, Richard Henry Pratt and the American Indian Genocide.Scott L. Pratt - 2016 - Pragmatism Today 7 (2):48-58.
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  26.  75
    Kant's Transcendental Arguments as Conceptual Proofs.Scott Stapleford - 2006 - Philosophical Papers 35 (1):119-136.
    The paper is an attempt to explain what a transcendental argument is for Kant. The interpretation is based on a reading of the 'Discipline of Pure Reason', Sections 1 and 4 of the first Critique. The author first identifies several statements that Kant makes about the method of proof he followed in the 'Analytic of Principles' which seem to be inconsistent. He then tries to remove the apparent inconsistencies by focusing on the idea of instantiation and drawing a distinction between (...)
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  27.  34
    Methodology, Ideology and Rationality: J. R. Brown's The Rational and the Social.Iain C. Scott & Andrew D. Irvine - 1991 - Dialogue 30 (4):603-.
    Two important debates have characterized mainstream epistemology in recent years. The first is the debate between foundationalists and anti-foundationalists. The second is the debate over the details of a naturalized epistemology. Both debates have meant that traditional concepts of rationality and justification are now understood in a new light. Both debates have helped focus attention on the future direction of epistemology, its goals and its limitations.
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  28. Philosophy of language for the twenty-first century.Scott Soames - 2021 - In Piotr Stalmaszczyk (ed.), The Cambridge Handbook of the Philosophy of Language. New York, NY: Cambridge University Press.
     
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  29.  27
    John Duns Scotus.Scott M. Williams - 2017 - In Abraham William & Aquino Fred (eds.), The Oxford Handbook of the Epistemology of Theology. Oxford University Press. pp. 421-433.
  30.  83
    Petitionary prayer.Scott A. Davison - 2008 - In Thomas P. Flint & Michael Rea (eds.), The Oxford handbook of philosophical theology. New York: Oxford University Press.
    Traditional theists believe that there exists an all-knowing, all-powerful, perfectly loving, and perfectly good God. They also believe that God created the world, sustains it in being from moment to moment, and providentially guides all events, in accordance with a plan, towards a good ending. Historically, most traditional theists have believed that God sometimes answers prayers for particular things. In keeping with the literature on this subject, these prayers are referred to as ‘petitionary prayers’. This article discusses several problems related (...)
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  31.  17
    Picnic comma lightning: in search of a new reality.Laurence Scott - 2018 - London: William Heinemann.
    Cognitive science proposes that we have evolved to build mental maps of the world not according to its actual, physical nature, but according to what allows us to thrive. In other words, our individual and collective realities are fictions - carefully constructed to enable us to maintain our particular perspectives. It used to be that our fictions were rooted to reasonably solid things: to people, places and memories. Today, in an age of online personas, alternative truths, constant surveillance and an (...)
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  32.  10
    Totality and infinity at 50.Scott Davidson & Diane Perpich (eds.) - 2012 - Pittsburgh, Pa.: Duquesne University Press.
    Essays by 14 Levinas scholars provide a fresh acount of the argument and purpose of Emmanuel Levinas's major work, Totality and Infinity, drawing parallels between Levinas and other thinkers; considering Levinas's relationship to other disciplines such as nursing, psychotherapy, and law; and bringing this seminal text to bear on specific, concrete issues of present-day concern"--Provided by publisher.
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  33.  8
    Gods, philosophers, and scientists: religion and science in the West.Scott Hendrix - 2019 - Mechanicsburg, PA: Oxford Southern, an imprint of Sunbury Press.
    According to Pew Research studies, most Americans think religion always conflicts with science. The popular writings of scientists such as Richard Dawkins, Sam Harris, and Lawrence Krauss reinforce this idea, as do books by writers such as Christopher Hitchens and Daniel Dennet. Furthermore, the two versions of the enormously popular television show Cosmos, hosted by Carl Sagan in 1980 and Neil deGrasse Tyson in 2014, present a history of science in which religion has always acted as a barrier to scientific (...)
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  34.  31
    Between Authority and Interpretation, by Joseph Raz.S. Hershovitz - 2012 - Mind 121 (483):835-838.
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  35.  9
    Introducing Christian ethics: a short guide to making moral choices.Scott B. Rae - 2016 - Grand Rapids: Zondervan. Edited by Scott B. Rae.
    Starting at the beginning: what's so good about being good? -- Theological ethics: where does morality come from? -- Cultural views of morality: why can't we make up our own moral rules for ourselves? -- Making ethical decisions: when I'm in a moral dilemma, what do I do? -- Abortion: how can you say that a pregnant seventeen-year-old, for whom having the baby will ruin her life, is doing something wrong by having an abortion? -- Reproductive technologies: what do you (...)
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  36.  5
    Picnic comma lightning: the experience of reality in the twenty-first century.Laurence Scott - 2018 - New York: W.W. Norton & Company.
    The life fantastic -- Bedtime stories -- The end of things -- Optical disillusions -- Double vision -- Backstage pass -- Romance languages -- Fellow-feeling -- Bolts from the blue -- Final fantasies.
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  37.  4
    In good faith: questioning religion and atheism.Scott A. Shay - 2018 - New York: Post Hill Press.
    Prominent atheists claim the Bible is a racist text. Yet Dr. Martin Luther King Jr. read it daily. Then again, so did many ardent segregationists. Some atheists claim religion serves to oppress the masses. Yet the classic text of the French Revolution, What is the Third Estate?, was written by a priest. On the other hand, the revolutionaries ended up banning religion. What do we make of religion's confusing role in history? And what of religion's relationship to science? Some scientists (...)
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  38.  10
    Ricoeur and the negation of happiness.Alison Scott-Baumann - 2013 - New York: Bloomsbury Academic.
    Ricœur lectured and wrote for over twenty years on negation (‘Do I understand something better if I know what it is not, and what is not-ness?') and never published his extensive writings on this subject. Ricœur concluded that there are multiple forms of negation; it can, for example, be the other person (Plato), the not knowable nature of our world (Kant), the included opposite (Hegel), apophatic spirituality (Plotinus on not being able to know God) and existential nothingness (Sartre). Ricœur, working (...)
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  39.  25
    Choosing between possible lives: law and ethics of prenatal and preimplantation genetic diagnosis.Rosamund Scott - 2007 - Portland, Or.: Hart.
    To what extent should parents be able to choose the kind of child they have? The unfortunate phrase 'designer baby' has become familiar in debates surrounding reproduction. As a reference to current possibilities the term is misleading, but the phrase may indicate a societal concern of some kind about control and choice in the course of reproduction. Typically, people can choose whether to have a child. They may also have an interest in choosing, to some extent, the conditions under which (...)
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  40.  6
    Experience: new foundations for the human sciences.Scott Lash - 2018 - Medford, MA: Polity.
    This book is a radical plea for the centrality of experience in the social and human sciences. Scott Lash argues that a large part of the output of the social sciences today is still shaped by assumptions stemming from positivism, in contrast to the tradition of interpretative social enquiry pioneered by Max Weber. These assumptions are particularly central to economics, with its emphasis on homo economicus, the utility-maximizing, instrumental actor, but they have infiltrated the other social sciences too. Lash (...)
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  41.  6
    Doing the right thing: making moral choices in a world full of options.Scott B. Rae - 2013 - Grand Rapids, Michigan: Zondervan.
    We're in an ethical mess! -- Is there a moral law we can know? -- If we know what's right, can we do it? -- What does it mean to be human? -- Ethics in the marketplace -- Ethics in public life.
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  42. Gaslighting and Peer Disagreement.Scott Hill - 2024 - Journal of Ethics and Social Philosophy 26 (3).
    I present a counterexample to Kirk-Giannini’s Dilemmatic Theory of gaslighting.
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  43.  10
    22 God and Abstract Objects.Scott A. Shalkowski - 2024 - In Mirosław Szatkowski (ed.), Ontology of Divinity. De Gruyter. pp. 445-464.
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  44.  10
    Sex and secularism.Joan Wallach Scott - 2018 - Princeton, New Jersey: Princeton University Press.
    Women and religion -- Reproductive futurism -- Political emancipation -- From the Cold War to the clash of civilizations -- Sexual emancipation.
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  45.  10
    The quilting points of musical modernism: revolution, reaction, and William Walton.J. P. E. Harper-Scott - 2012 - New York: Cambridge University Press.
    Modernism is both a contested aesthetic category and a powerful political statement. Modernist music was condemned as degenerate by the Nazis and forcibly replaced by socialist realism under the Soviets. Sympathetic philosophers and critics have interpreted it as a vital intellectual defence against totalitarianism, yet some American critics consider it elitist, undemocratic, and even unnatural. Drawing extensively on the philosophy of Heidegger and Badiou, Quilting Points proposes a new dialectical theory of faithful, reactive, and obscure subjective responses to musical modernism, (...)
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  46. The Rights of the Other : Levinas and Human Rights.Scott Davidson - 2012 - In Scott Davidson & Diane Perpich (eds.), Totality and infinity at 50. Pittsburgh, Pa.: Duquesne University Press.
     
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  47. History-writing as critique.Joan W. Scott - 2007 - In Keith Jenkins, Sue Morgan & Alun Munslow (eds.), Manifestos for history. New York: Routledge.
     
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  48.  21
    Hermann Cohen.Scott Edgar - 2010 - The Stanford Encyclopedia of Philosophy.
    Hermann Cohen (b. 1842, d. 1919), more than any other single figure, is responsible for founding the orthodox neo-Kantianism that dominated academic philosophy in Germany from the 1870s until the end of the First World War. Earlier German philosophers finding inspiration in Kant tended either towards speculative, metaphysical idealism, or sought to address philosophical questions with the resources of the empirical sciences, especially psychology. In contrast, Cohen’s seminal interpretation of Kant offered a vision of philosophy that decisively maintained its independence (...)
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  49.  37
    Inverse limit reflection and the structure of L.Scott S. Cramer - 2015 - Journal of Mathematical Logic 15 (1):1550001.
    We extend the results of Laver on using inverse limits to reflect large cardinals of the form, there exists an elementary embedding Lα → Lα. Using these inverse limit reflection embeddings directly and by broadening the collection of U-representable sets, we prove structural results of L under the assumption that there exists an elementary embedding j : L → L. As a consequence we show the impossibility of a generalized inverse limit X-reflection result for X ⊆ Vλ+1, thus focusing the (...)
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  50.  33
    Analytic Philosophy in America: And Other Historical and Contemporary Essays.Scott Soames - 2014 - Princeton, NJ: Princeton University Press.
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