Search results for 'Stephen Gardbaum' (try it on Scholar)

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  1.  39
    Stephen Gardbaum (2010). A Democratic Defense of Constitutional Balancing. Law and Ethics of Human Rights 4 (1):79-106.
    We all live in the age of constitutional balancing.ing away differences of nuance and doctrinal detail, balancing is a common feature of the structure of rights analysis across contemporary constitutional systems. Indeed, abstracting just a little further still, balancing is an inherent part of the near-universal general conception of a constitutional right as an important prima facie claim that nonetheless can in principle be limited or overridden by certain non-constitutional rights premised on conflicting public policy objectives. It is not surprising, (...)
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  2.  10
    Stephen Gardbaum (2002). Review: Robert Justin Lipkin, Constitutional Revolutions: Pragmatism and the Role of Judicial Review in American Constitutionalism. [REVIEW] Ethics 112 (4):838-841.
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  3. William Kingdon Clifford & Leslie Stephen (1879). Lectures and Essays, Ed. By L. Stephen and F. Pollock.
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  4. Leslie Stephen (1977). Sir Leslie Stephen's Mausoleum Book. Oxford University Press Uk.
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  5. Aileen Kavanagh (2015). A Hard Look at the Last Word. Oxford Journal of Legal Studies 35 (4):825-847.
    In The New Commonwealth Model of Constitutionalism Stephen Gardbaum defends a model of constitutionalism in which courts can review legislation for compliance with rights, but the legislature is given ‘the legislative last word’. Gardbaum argues that this new model offers a solution to the counter-majoritarian difficulty, and provides a stable, distinct and appealing ‘third way’ between the model of judicial supremacy on the one hand and legislative supremacy on the other. This review argues that the hope of (...)
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  6. Katrina L. Sifferd (2014). What Does It Mean to Be a Mechanism? Stephen Morse, Non-Reductivism, and Mental Causation. Criminal Law and Philosophy:1-17.
    Stephen Morse seems to have adopted a controversial position regarding the mindbody relationship: John Searle’s non-reductivism, which claims that conscious mental states are causal yet not reducible to their underlying brain states. Searle’s position has been roundly criticized, with some arguing the theory taken as a whole is incoherent. In this paper I review these criticisms and add my own, concluding that Searle’s position is indeed contradictory, both internally and with regard to Morse's other views. Thus I argue that (...)
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  7.  52
    John Powell (2013). Stephen Davies, The Artful Species: Aesthetics, Art, and Evolution (2013). Literature & Aesthetics 23 (2):1-1.
    This review article critiques Stephen Davies' The Artful Species: Aesthetics, Art, and Evolution.
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  8. Graham Oppy (1995). Professor William Craig's Criticisms of Critiques of Kalam Cosmological Arguments By Paul Davies, Stephen Hawking, and Adolf Grunbaum. Faith and Philosophy 12 (2):237-250.
    Kalam cosmological arguments have recently been the subject of criticisms, at least inter alia, by physicists---Paul Davies, Stephen Hawking---and philosophers of science---Adolf Grunbaum. In a series of recent articles, William Craig has attempted to show that these criticisms are “superficial, iII-conceived, and based on misunderstanding.” I argue that, while some of the discussion of Davies and Hawking is not philosophically sophisticated, the points raised by Davies, Hawking and Grunbaum do suffice to undermine the dialectical efficacy of kalam cosmological arguments.
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  9.  49
    Calum Miller (2015). Response to Stephen Law on the Evolutionary Argument Against Naturalism. Philosophia 43 (1):147-152.
    Alvin Plantinga’s evolutionary argument against naturalism argues that the probability of our possessing reliable cognitive faculties, given the truth of evolution and naturalism, is low, and that this provides a defeater for naturalism, if the naturalist in question holds to the general truths of evolutionary biology. Stephen Law has recently objected to Plantinga’s evolutionary argument against naturalism by suggesting that there exist conceptual constraints governing the content a belief can have given its relationships to other things, including behaviour . (...)
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  10. Daan Evers (2013). Weight for Stephen Finlay. Philosophical Studies 163 (3):737-749.
    According to Stephen Finlay, ‘A ought to X’ means that X-ing is more conducive to contextually salient ends than relevant alternatives. This in turn is analysed in terms of probability. I show why this theory of ‘ought’ is hard to square with a theory of a reason’s weight which could explain why ‘A ought to X’ logically entails that the balance of reasons favours that A X-es. I develop two theories of weight to illustrate my point. I first look (...)
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  11.  21
    Bashar Alhoch (forthcoming). Stephen Davis’s Objection to the Second Ontological Argument. International Journal for Philosophy of Religion:1-7.
    Stephen Davis has argued that the second ontological argument fails as a theistic proof because it ignores the logical possibility of what he calls an ontologically impossible being. By an “ontologically impossible being” he means a being that does not exist, logically-possibly exists, and would exist necessarily if it existed. In this brief essay, I argue, first, that even if an OIB is logically possible, its logical possibility is irrelevant to the OA at issue; and second, that an OIB (...)
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  12.  61
    Massimo Pigliucci (2007). Stephen Jay Gould. In T. Flynn (ed.), The New Encyclopedia of Unbelief. Prometheus
    A brief biography of evolutionary biologist Stephen Jay Gould.
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  13.  11
    Ross Feehan (2014). Thinking About Earth, 20 Years Later: Reconsidering Stephen Clark's Ecological Theology. Journal of Animal Ethics 4 (2):93-98,.
    This review commemorates the 20th anniversary of Stephen Clark’s explication of ecological thought. After appraising both philosophical and theological perspectives, Clark argues that society must awaken to Earth’s “Otherness.” I describe Clark’s ecological consciousness and highlight the significance of his book for 21st-century readers.
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  14.  3
    Sérgio Luís Barroso de Carvalho (2014). Falibilismo E a falácia de contrafactuais epistêmicos segundo Stephen Hetherington. Cadernos Do Pet Filosofia 5 (10):53-61.
    Stephen Hetherington é um dos mais proeminentes epistemólogos a defender que é possível ter conhecimento segundo as condições de crença verdadeira e justificada, apesar dos contraexemplos elaborados por Edmund Gettier. Ele fundamentou sua perspectiva no pressuposto de falibilidade do conhecimento e naquilo que ele chamou de "falácia de contrafactuais epistêmicos", segundo a qual não se deve assumir impossibilidade do conhecimento factual apenas em virtude da sua impossibilidade contrafactual - o que é reiterado por Anthony Booth. As críticas apresentadas por (...)
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  15. Stephen F. Frowen & G. L. S. Shackle (2004). Economists in Discussion the Correspondence Between G.L.S. Shackle and Stephen F. Frowen, 1951-1992. Monograph Collection (Matt - Pseudo).
     
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  16. Betty Kay Seibt, William Edward Tanner & Stephen Edelston Toulmin (1991). The Toulmin Method Exploration and Controversy : A Festschrift in Honor of Stephen E. Toulmin.
     
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  17.  4
    Benjamin Evans Lippincott (1938). Victorian Critics of Democracy: Carlyle, Ruskin, Arnold, Stephen, Maine, Lecky. Journal of Philosophy 35 (14):388-388.
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  18.  16
    Aaron Allen Schiller (2009). Colorblindness and Black Friends in Stephen Colbert’s America. In Stephen Colbert and Philosophy. Open Court
    Is there a contradiction in Stephen Colbert’s attitudes towards race? How can he consistently claim to be colorblind and yet hold a national search for a new "black friend"? I argue that Stephen is trying to claim rights and shirk responsibilities on matters of race relations in America, and that his famous notion of "truthiness" is an extension of this attitude to other areas of social and political discourse.
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  19.  5
    José Montoya Sáenz (2014). J.F. Stephen: Sobre la Fraternidad y El Amor Universal de Mill. Télos 19 (1-2):77-82.
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  20.  6
    Stephen Galoob (2016). Stephen Winter, Transitional Justice in Established Democracies: A Political Theory. Journal of Value Inquiry 50 (1):249-254.
    The fundamental question of political reparation is: why should a state provide redress for an injustice? The predominant answer justifies redress in terms of debts—the perpetration of an injustice creates a debt, and a state is required to make redress for the same reasons that it is required to repay its debts . Other approaches justify redress on the grounds that it will facilitate the achievement of some broader political goal, like the fair distribution of social resources or political reconciliation.In (...)
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  21.  13
    Stephen Makin (2000). Aristotle on Modality: Stephen Makin. Aristotelian Society Supplementary Volume 74 (1):143-161.
    [Stephen Makin] Aristotle draws two sets of distinctions in Metaphysics 9.2, first between non-rational and rational capacities, and second between one way and two way capacities. He then argues for three claims: [A] if a capacity is rational, then it is a two way capacity [B] if a capacity is non-rational, then it is a one way capacity [C] a two way capacity is not indifferently related to the opposed outcomes to which it can give rise I provide explanations (...)
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  22.  7
    Christian Helmut Wenzel (2008). Stephen Davies: Philosophical Perspectives on Art, OUP 2007. [REVIEW] Notre Dame Philosophical Reviews 2008 (7).
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  23.  3
    Patrick K. Dooley (1994). The Pluralistic Philosophy of Stephen Crane. University of Illinois Press.
    Crane's fundamental philosophical view, Dooley finds, is that reality is comprised of changing and interrelated processes.
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  24.  9
    Kent Emery, Russell L. Friedman, Andreas Speer, Maxime Mauriege & Stephen F. Brown (eds.) (2011). Philosophy and Theology in the Long Middle Ages: A Tribute to Stephen F. Brown. Brill.
    The title of this Festschrift to Stephen Brown points to the understanding of medieval philosophy and theology in the longue durée of their traditions and discourses.
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  25.  32
    Sally Ramage (2016). Cold Case: The 1994 Death of British MP Stephen David Wyatt Milligan. Criminal Law News (87):02-36.
    In the December 2015 Issue of the Police Journal Sam Poyser and Rebecca Milne addressed the subject of miscarriages of justice. Cold case investigations can address some of these wrongs. The salient points for attention are those just before his sudden death: Milligan was appointed Private Secretary to Jonathan Aitken, the then Minister of Arms in the Conservative government in 1994. The known facts are as follows: 1. Stephen David Wyatt Milligan was found deceased on Tuesday 8th February 1994 (...)
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  26.  88
    Hennie Lotter (1992). The Intellectual Legacy of Stephen Bantu Biko (1946-1977). Acta Academica 24.
    In this essay I will attempt to explain the significance of Stephen Bantu Biko's life. This I will do in terms of his intellectual contribution to the liberation of black people from the radically unjust apartheid society in South Africa. Firstly, I will discuss his contribution to liberate blacks psychologically from the political system of apartheid, pointing out how he broke through the normative and pragmatic acceptance of the situation in the radically unjust apartheid society. He experienced black people (...)
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  27. Eduardo de la Fuente (2009). Review Essay: Exemplary Stories: On the Uses of Biography in Recent Sociology Alan Sica and Stephen Turner (Eds) The Disobedient Generation: Social Theorists in the Sixties (University of Chicago, 2005); Mathieu Deflem (Ed.) Sociologists in a Global Age: Biographical Perspectives (Ashgate, 2007); Anthony Elliott and Charles Lemert, The New Individualism: The Emotional Costs of Globalization (Routledge, 2006). [REVIEW] Thesis Eleven 97 (1):115-129.
    Review Essay: Exemplary Stories: On the Uses of Biography in Recent Sociology: Alan Sica and Stephen Turner The Disobedient Generation: Social Theorists in the Sixties ; Mathieu Deflem Sociologists in a Global Age: Biographical Perspectives ; Anthony Elliott and Charles Lemert, The New Individualism: The Emotional Costs of Globalization.
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  28.  34
    Andreea Mihali (2015). Squaring the Circle in Descartes’ Meditations The Strong Validation of Reason STEPHEN I. WAGNER Cambridge, New York: Cambridge University Press, 2014; Xi + 244 Pp.; $99.95 ISBN: 9781107072060. [REVIEW] Dialogue 54 (4):799-802.
    In Squaring the Circle in Descartes’ Meditations, Stephen Wagner aims to show that Descartes’ project in the Meditations is best understood as a ‘strong validation of reason’ i.e., as proving in a non-circular way that human reason is a reliable, truth-conducive faculty. For such an enterprise to qualify as a ‘strong’ validation, Wagner contends, skeptical doubt must be given its strongest force. The most stringent doubt available in the Meditations is the deceiving God. To rule out the possibility that (...)
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  29.  61
    Stephen R. L. Clark (2009). Book Review: Stephen J. Pope, Human Evolution and Christian Ethics (Cambridge: Cambridge University Press, 2007). Xiii + 359 Pp. £50/US$95 (Hb), ISBN 978-0-521-86340-7. [REVIEW] Studies in Christian Ethics 22 (4):506-509.
  30. David Goodman (1995). Reviews : Zygmunt Bauman, Intimations of Postmodernity (Routledge, 1992); Steven Seidman and David G. Wagner (Eds), Postmodernism and Social Theory (Blackwell, 1992); Stephen Crook, Jan Pakulski and Malcolm Wa Ters, Postmodernization: Change in Advanced Society (Sage Publica Tions, 1992); Gianni Vattimo, The End of Modernity—Nihilism and Hermeneutics in Post-Modern Culture (Polity Press, 1988). [REVIEW] Thesis Eleven 40 (1):138-146.
    Reviews : Zygmunt Bauman, Intimations of Postmodernity ; Steven Seidman and David G. Wagner , Postmodernism and Social Theory ; Stephen Crook, Jan Pakulski and Malcolm Wa ters, Postmodernization: Change in Advanced Society ; Gianni Vattimo, The End of Modernity—Nihilism and Hermeneutics in Post-modern Culture.
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  31.  76
    Chris Renwick (2014). Response to Stephen T. Casper and Steve Fuller. Philosophy of the Social Sciences 44 (4):515-521.
    Stephen T. Casper and Steve Fuller’s commentaries on my paper “Completing Circle of the Social Sciences? William Beveridge and Social Biology at the London School of Economics during the 1930s” raises important questions about the historical entanglement of the political left, welfarism, biology, and social science. In this response, I clarify questions about my analysis of events at the London School of Economics in the early twentieth century and identify ways in which they are important in the present. I (...)
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  32.  47
    Charles Pigden (2010). Substance, Content, Taxonomy and Consequence: A Comment on Stephen Maitzen. In Hume on Is and Ought. Palgrave Macmillan 313-319.
    This is a response to Stephen Maitzen’s paper. ‘Moral Conclusions from Nonmoral Premises’. Maitzen thinks that No-Ought-From-Is is false. He does not dispute the formal proofs of Schurz and myself, but he thinks they are beside the point. For what the proponents of No-Ought-From-Is need to show is not that you cannot get SUBSTANTIVELY moral conclusions from FORMALLY non-moral premises but that you cannot get SUBSTANTIVELY moral conclusions from SUBSTANTIVELY non-moral premises. And he believes that he can derive substantively (...)
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  33.  2
    Bashar Alhoch (2016). Stephen Davis’s Objection to the Second Ontological Argument. International Journal for Philosophy of Religion 80 (1):3-9.
    Stephen Davis has argued that the second ontological argument fails as a theistic proof because it ignores the logical possibility of what he calls an ontologically impossible being. By an “ontologically impossible being” he means a being that does not exist, logically-possibly exists, and would exist necessarily if it existed. In this brief essay, I argue, first, that even if an OIB is logically possible, its logical possibility is irrelevant to the OA at issue; and second, that an OIB (...)
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  34.  13
    Omar Lizardo (2007). "Mirror Neurons," Collective Objects and the Problem of Transmission: Reconsidering Stephen Turner's Critique of Practice Theory. Journal for the Theory of Social Behaviour 37 (3):319–350.
    In this paper, I critically examine Stephen Turner's critique of practice theory in light of recent neurophysiological discoveries regarding the “mirror neuron system” in the pre-frontal mo-tor cortex of humans and other primates. I argue that two of Turner's strongest objections against the sociological version of the practice-theoretical account, the problem of transmission and the problem of sameness, are substantially undermined when examined from the perspective of re-cently systematized accounts of embodied learning and intersubjective action understanding in-spired by these (...)
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  35.  10
    Oisín Deery, Taylor Davis & Jasmine Carey (2015). Defending the Free-Will Intuitions Scale: Reply to Stephen Morris. Philosophical Psychology 28 (6):808-814.
    In our paper, “The Free-Will Intuitions Scale and the question of natural compatibilism” , we seek to advance empirical debates about free will by measuring the relevant folk intuitions using the scale methodology of psychology, as a supplement to standard experimental methods. Stephen Morris raises a number of concerns about our paper. Here, we respond to Morris's concerns.
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  36.  39
    Justin Tiwald (2011). Stephen C. Angle: Sagehood: The Contemporary Significance of Neo-Confucian Philosophy. Dao: A Journal of Comparative Philosophy 10 (2):231-235.
    Review of Stephen C. Angle's Sagehood: The Contemporary Significance of Neo-Confucian Philosophy.
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  37.  44
    Callum D. Scott (2012). The Death of Philosophy: A Response to Stephen Hawking. South African Journal of Philosophy 31 (2):385-404.
    In his 2010 work, The Grand Design, Stephen Hawking, argues that ‘… philosophy is dead’. While not a Philosopher, Hawking provides strong argument for his thesis, principally that philosophers have not taken science sufficiently seriously and so Philosophy is no longer relevant to knowledge claims. In this paper, Hawking’s claim is appraised and critiqued, becoming a meta-philosophical discussion. It is argued that Philosophy is dead, in some sense, due to particular philosophers having embarked on an intellectual path no longer (...)
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  38.  70
    John McDowell (2009). Response to Stephen Houlgate. The Owl of Minerva 41 (1-2):27-38.
    I argue that Stephen Houlgate misstates an element in the Kantian background to my reading of “Lordship and Bondage” (§2). He misreads my remarks about the need to see Hegel’s moves there in the context of the progression towards absolute knowing (§3), and, partly consequently, he fails to engage with the motivation for my reading (§4). And he does not understand the way my reading exploits the concept of allegory (§5).
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  39.  54
    Stephen Darwall (2009). The Second-Person Standpoint An Interview with Stephen Darwall. The Harvard Review of Philosophy 16 (1):118-138.
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  40.  63
    Susan Wolf (2006). Deconstructing Welfare: Reflections on Stephen Darwall's Welfare and Rational Care. Utilitas 18 (4):415-426.
    In his book Welfare and Rational Care, Stephen Darwall proposes to give an account of human welfare. Or rather, he offers two accounts, a metaethical and a normative account. The two accounts, he suggests, are somewhat supportive of each other though they are logically independent.
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  41.  14
    Anders Pettersson (2009). PF Strawson and Stephen Davies on the Ontology of Art. Organon F: Medzinárodný Časopis Pre Analytickú Filozofiu 16 (4):615-631.
    P.F. Strawson’s Individuals contains a condensed version of an ontology of art. According to this ontology, musical and literary compositions are similar to types. They are abstract entities, instantiated in the performances of the piece of music or the copies of the literary work. Musical and literary compositions are “well-entrenched”, Strawson says – we cannot eliminate these abstractions, or perhaps we have no need to do so. Strawson’s ontology of art forms an integral part of what he calls his “descriptive (...)
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  42.  56
    Francisco J. Ayala, The Structure of Evolutionary Theory: On Stephen Jay Gould's Monumental Masterpiece.
    Stephen Jay Gould’s monumental The Structure of Evolutionary Theory ‘‘attempts to expand and alter the premises of Darwinism, in order to build an enlarged and distinctive evolutionary theory . . . while remaining within the tradition, and under the logic, of Darwinian argument.’’ The three branches or ‘‘fundamental principles of Darwinian logic’’ are, according to Gould: agency (natural selection acting on individual organisms), efficacy (producing new species adapted to their environments), and scope (accumulation of changes that through geological time (...)
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  43.  16
    Uwe Steinhoff (2016). Stephen Kershnar, Gratitude Toward Veterans: Why Americans Should Not Be Very Grateful to Veterans. Journal of Value Inquiry 50 (2):479-481.
    Stephen Kershnar’s main argument in Gratitude toward Veterans is that Americans should not be very grateful towards veterans. More precisely, he not only argues that veterans do not deserve the gratitude that many Americans offer them, but also that it is morally objectionable to be grateful towards them. His argument is applicable to war veterans generally, not only to those in the USA. Yet, it does have specific relevance to the United States given that, as Kershnar demonstrates, public gratitude (...)
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  44.  25
    Chia-Ling Wang (2011). Power/Knowledge for Educational Theory: Stephen Ball and the Reception of Foucault. Journal of Philosophy of Education 45 (1):141-156.
    This paper explores the significance of the concept of power/knowledge in educational theory. The argument proceeds in two main parts. In the first, I consider aspects of Stephen J. Ball's highly influential work in educational theory. I examine his reception of Foucault's concept of power/knowledge and suggest that there are problems in his adoption of Foucault's thought. These problems arise from the way that he settles interpretations into received ideas. Foucault's thought, I try to show, is not to be (...)
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  45.  21
    William Desmond (2005). Response to Stephen Houlgate. The Owl of Minerva 36 (2):175-188.
    This is a response to issues raised by Stephen Houlgate in his article “Hegel, Desmond, and the Problem of God’s Transcendence,” dealing with Hegel’s God: A Counterfeit Double? The response focuses especially on the hermeneutical finesse we need in reading Hegel on religion, on the nature of “release” in Hegel, on the need for an agapeic God, and on the differences between Hegel’s speculative philosophy and Desmond’s metaxological approach to the practice of philosophy.
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  46.  18
    Nathan Andersen (2003). Is Film the Alien Other to Philosophy?, on Stephen Mulhall On Film. Film-Philosophy 7 (3).
    Stephen Mulhall _On Film_ London and New York: Routledge, 2002 ISBN 0-415-24796-9 142 pp.
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  47.  21
    Graham Harman (2012). Concerning Stephen Hawking's Claim That Philosophy is Dead. Filozofski Vestnik 32 (2):11-22.
    The article begins from Stephen Hawking's well-known claim that philosophy is dead, and considers several other quotations in which philosophy is either belittled or subordinated outright to the natural sciences. This subordination requires a downward reductionism that is paralleled by the upward reductionism of the linguistic turn and social constructionist theories. Rather than undermining or overmining mid-sized individual entities, philosophy must deal with objects on their own terms. This suggests a possible tactical alliance between philosophy and the arts.
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  48.  8
    Rainer Forst (2015). A Critical Theory of Politics Grounds, Method and Aims. Reply to Simone Chambers, Stephen White and Lea Ypi. Philosophy and Social Criticism 41 (3):225-234.
    In this article, I address the various objections raised by Simone Chambers, Stephen White and Lea Ypi concerning my version of a critical theory of politics. I explain the basic assumptions that inform my account of a critique of relations of justification, its particular method and aims.
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  49.  32
    John McDowell (2009). Response to Stephen Houlgate's Response. The Owl of Minerva 41 (1-2):53-60.
    I offer an interpretation of the connection between judging and intuiting in Kant (§2). Next I try to clarify how the movement in the self-consciousness chapter, as I read it, fits in the Phenomenology’s progression towards absolute knowing (§3). In some detailed responses to Stephen Houlgate, I reiterate how my reading is motivated by the wish not to discard, or ignore, Hegel’s first formulation of what is to be achieved by the movement in the self-consciousness chapter, and I object (...)
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  50.  16
    Julian Baggini (2003). Alien Ways of Thinking, on Stephen Mulhall On Film. Film-Philosophy 7 (3).
    Stephen Mulhall _On Film_ London and New York: Routledge, 2002 ISBN 0-415-24796-9 142 pp.
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