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Between the absolute and the arbitrary

Ithaca: Cornell University Press (1997)

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  1. Inclusive legal positivism, legal interpretation, and value-judgments.Vittorio Villa - 2009 - Ratio Juris 22 (1):110-127.
    In this paper I put forward some arguments in defence of inclusive legal positivism . The general thesis that I defend is that inclusive positivism represents a more fruitful and interesting research program than that proposed by exclusive positivism . I introduce two arguments connected with legal interpretation in favour of my thesis. However, my opinion is that inclusive positivism does not sufficiently succeed in estranging itself from the more traditional legal positivist conceptions. This is the case, for instance, with (...)
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  • Essentiality conferred.Ásta Sveinsdóttir - 2008 - Philosophical Studies 140 (1):135 - 148.
    In this article I introduce a certain kind of anti-realist account of what makes a property essential to an object and defend it against likely objections. This account, which I call a ‘conferralist’ account, shares some of the attractive features of other anti-realist accounts, such as conventionalism and expressivism, but I believe, not their respective drawbacks.
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  • Starting from scratch: Making worlds. [REVIEW]R. Schwartz - 2000 - Erkenntnis 52 (2):151-159.
    A constructivist thesis of worldmaking is characterized and some misinterpretations of its claims are dispelled. An attempt is then made to reply to various common criticisms of the thesis. Although this defense of worldmaking takes into account general challenges to the thesis, the focus of the paper is narrower. It is aimed primarily at those critics who typically accept related pragmatic assumptions and themes, but still think it necessary to resist the idea of worldmaking.
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  • Rarely pure and never simple: Tensions in the theory of truth.Paul Saka - 2010 - Topoi 29 (2):125-135.
    Section 1 discerns ambiguity in the word “truth”, observing that the term is used most naturally in reference to truth-bearers rather than truth-makers. Focusing on truths-as-truth-bearers, then, it would appear that alethic realism conflicts with metaphysical realism as naturalistically construed. Section 2 discerns ambiguity in the purporting of truth (as in assertion), conjecturing that all expressions, not just those found in traditionally recognized opaque contexts, can be read intensionally (as well, perhaps, as extensionally). For instance, we would not generally want (...)
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  • Practical‐Political Jurisprudence and the Dual Nature of Law.Sarah Nason - 2013 - Ratio Juris 26 (3):430-455.
    Law contains many dualities, though most, if not all, of these dualities resolve into one complex puzzle: To what extent is law a matter of pure social facts, or moral value untethered to social facts? I argue that each concept of law reconciles this duality in a different way on the basis of certain beneficial consequences that might result. Instead of pitting concepts against one another universally, we should accept that the balance between law's social fact and moral value dimensions (...)
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  • The physician's conscience.Hugh LaFollette - 2007 - American Journal of Bioethics 7 (12):15 – 17.
  • Relativism and the critical potential of philosophy of education.Frieda Heyting - 2004 - Journal of Philosophy of Education 38 (3):493–510.
    How can philosophy exert its critical function in society and in education if any appeal to independent and even relatively ‘certain’ criteria seems problematic? The epistemological doubts that foundationalist models of justification encounter unavoidably seem to raise this question. In particular, the relativist implications that seem to result from rejecting such models seem to paralyse the critical potential of philosophy of education. In order to explore the possibilities of a conception of educational critique that avoids the pitfalls of foundationalism, I (...)
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  • The Historical Ontology of Art.Rafael De Clercq - 2020 - Philosophical Quarterly 70 (279).
    In this article, I argue that our ontology of art has undergone a major change in the course of modern history. While we currently think of artworks as parts arranged in a certain way, there was a time when artworks were thought of as metaphysically more akin to ordinary artefacts such as tables and chairs; that is, as wholes having replaceable parts. This change in our ontology of art is reflected in our approach to art restoration. But what explains the (...)
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  • Beyond Moral Fundamentalism: Dewey’s Pragmatic Pluralism in Ethics and Politics [preprint].Steven Fesmire - 2019 - In Oxford Handbook of Dewey. Oxford, UK and New York, NY: pp. 209-234.
    Drawing on unpublished and published sources from 1926-1932, this chapter builds on John Dewey’s naturalistic pragmatic pluralism in ethical theory. A primary focus is “Three Independent Factors in Morals,” which analyzes good, duty, and virtue as distinct categories that in many cases express different experiential origins. The chapter suggests that a vital role for contemporary theorizing is to lay bare and analyze the sorts of conflicts that constantly underlie moral and political action. Instead of reinforcing moral fundamentalism via an outdated (...)
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  • The Unity of Science.Jordi Cat - 2013 - Stanford Encyclopedia of Philosophy.
  • Constructivism in metaethics.Carla Bagnoli - 2011 - Stanford Encyclopedia of Philosophy.
    Constructivism in ethics is the view that insofar as there are normative truths, for example, truths about what we ought to do, they are in some sense determined by an idealized process of rational deliberation, choice, or agreement. As a “first-order moral account”--an account of which moral principles are correct-- constructivism is the view that the moral principles we ought to accept or follow are the ones that agents would agree to or endorse were they to engage in a hypothetical (...)
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  • Constructivism in metaethics.Carla Bagnoli - 2017 - Stanford Encyclopedia of Philosophy.
    Metaethical constructivism is the view that insofar as there are normative truths, they are not fixed by normative facts that are independent of what rational agents would agree to under some specified conditions of choice. The appeal of this view lies in the promise to explain how normative truths are objective and independent of our actual judgments, while also binding and authoritative for us. -/- Constructivism comes in several varieties, some of which claim a place within metaethics while others claim (...)
     
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  • Pragmatist Ethics and Climate Change [preprint].Steven Fesmire - 2020 - In Dale Miller & Ben Eggleston (eds.), Moral Theory and Climate Change: Ethical Perspectives on a Warming Planet. Abingdon, UK: Routledge. pp. Ch. 11.
    This chapter explores some features of pragmatic pluralism as an ethical perspective on climate change. It is inspired in part by Andrew Light’s work on climate diplomacy as U.S. Assistant Secretary of Energy for International Affairs, and by Bryan Norton’s environmental pragmatism, while drawing more explicitly than Light or Norton from classical pragmatist sources such as John Dewey. The primary aim of the chapter is to characterize, differentiate, and advance a general pragmatist approach to climate ethics. The main line of (...)
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