Search results for 'Torts Philosophy' (try it on Scholar)

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  1. Gerald J. Postema (ed.) (2001). Philosophy and the Law of Torts. Cambridge University Press.score: 192.0
    When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. Amongst the questions they address are the following: how are the notions at the core of tort practice (such as responsibility, fault, negligence, due (...)
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  2. Peter Cane (2004). Gerald J. Postema, Ed., Philosophy and the Law of Torts:Philosophy and the Law of Torts. Ethics 114 (2):368-372.score: 150.0
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  3. Mark Kuperberg & Charles R. Beitz (eds.) (1983). Law, Economics, and Philosophy: A Critical Introduction, with Applications to the Law of Torts. Rowman & Allanheld.score: 132.0
     
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  4. Anita Bernstein (2002). Gerald J. Postema, Ed., Philosophy and the Law of Torts Reviewed By. Philosophy in Review 22 (5):354-356.score: 126.0
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  5. Heidi Li Feldman (2002). Review of Gerald J. Postema, Philosophy and the Law of Torts. [REVIEW] Notre Dame Philosophical Reviews 2002 (9).score: 120.0
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  6. P. Belli, G. Calabresi, P. Cane, R. Cooter, R. Dworkin, D. Fairgrieve & M. Faure (2001). Economic, Moral Philosophy, and the Positive Analysis of Tort Law. In Gerald J. Postema (ed.), Philosophy and the Law of Torts. Cambridge University Press.score: 84.0
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  7. Jeffrie G. Murphy (1990). Philosophy of Law: An Introduction to Jurisprudence. Westview Press.score: 66.0
    In this revised edition, two distinguished philosophers have extended and strengthened the most authoritative text available on the philosophy of law and jurisprudence. While retaining their comprehensive coverage of classical and modern theory, Murphy and Coleman have added new discussions of the Critical Legal Studies movement and feminist jurisprudence, and they have strengthened their treatment of natural law theory, criminalization, and the law of torts. The chapter on law and economics remains the best short introduction to that difficult, (...)
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  8. David G. Owen (ed.) (1995). Philosophical Foundations of Tort Law. Oxford University Press.score: 60.0
    This collection of original essays on the theory of tort law brings together a number of the world's leading legal philosophers and tort scholars to examine the latest thinking about its rationales and current development. The contributions here range from law and economics to the latest in rights-based theories. The ever-engaging topic of causation is the subject of one cluster of essays, while other clusters deal with remedies, with the tort/contract divide, and with strict and other special forms of liability.
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  9. Jules L. Coleman (1988/1998). Markets, Morals, and the Law. Oxford University Press.score: 54.0
    This collection of essays by one of America's leading legal theorists is unique in its scope: it shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science.
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  10. Stephen Perry (2001). Responsibility for Outcomes, Risk, and the Law of Torts. In Gerald J. Postema (ed.), Philosophy and the Law of Torts. Cambridge University Press. 72--1.score: 54.0
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  11. Arthur Ripstein & Benjamin C. Zipursky (2001). In an Age of Mass Torts. In Gerald J. Postema (ed.), Philosophy and the Law of Torts. Cambridge University Press. 214.score: 54.0
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  12. Jules L. Coleman (1992/2002). Risks and Wrongs. Oxford University Press.score: 50.0
    This book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional "rational choice" liberalism in favor of the view that the market operates as a rational way of fostering stable (...)
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  13. William Lucy (2007). Philosophy of Private Law. Oxford University Press.score: 48.0
    In what, if any sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement and this book provides both an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law.
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  14. John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.score: 48.0
    The adversary system and the practice of law -- The rule of law -- The moral force of law -- Statutes -- Precedents -- Constitutional interpretation -- Natural law and legal positivism: classical perspectives -- Formalism and legal realism -- Morality and the law -- International law -- Law and economics -- The justification of punishment -- The rights of defendants -- Sentencing -- Criminal responsibility -- Compensating for private harms: the law of torts -- Private ownership: the law (...)
     
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  15. Nicole A. Vincent (2008). Book Review of "Torts, Egalitarianism and Distributive Justice" by Tsachi Keren-Paz. [REVIEW] Australian Journal of Legal Philosophy 33:199-204.score: 46.0
    In "Torts, Egalitarianism and Distributive Justice" (Ashgate, 2007), Tsachi Keren-Paz presents impressingly detailed analysis that bolsters the case in favour of incremental tort law reform. However, although this book's greatest strength is the depth of analysis offered, at the same time supporters of radical law reform proposals may interpret the complexity of the solution that is offered (and its respective cost) as conclusive proof that tort law can only take adequate account of egalitarian aims at an unacceptably high cost.
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  16. Jules L. Coleman (1982). Moral Theories of Torts: Their Scope and Limits: Part I. [REVIEW] Law and Philosophy 1 (3):371 - 390.score: 42.0
    One approach to legal theory is to provide some sort of rational reconstruction of all or of a large body of the common law. For philosophers of law this has usually meant trying to rationalize a body of law under one or another principle of justice. This paper explores the efforts of the leading tort theorists to provide a moral basis — for the law of torts. The paper is divided into two parts. In the first part I consider (...)
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  17. Howard Klepper (1990). Torts of Necessity: A Moral Theory of Compensation. [REVIEW] Law and Philosophy 9 (3):223 - 239.score: 42.0
    Tort cases in which an actor justifiably takes or damages the property of another have resisted analysis in terms of fault or economic efficiency. I argue that writers such as Jules Coleman and Judith Thomson, who locate the wrongfulness of the necessity torts in the infringement of a property right, have not illuminated the issue of why compensation is owed in these cases. My positive argument locates the wrongfulness of an uncompensated taking in these cases in the actor's interference (...)
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  18. Jules L. Coleman (1983). Moral Theories of Torts: Their Scope and Limits: Part II. [REVIEW] Law and Philosophy 2 (1):5 - 36.score: 42.0
    One approach to legal theory is to provide some sort of rational reconstruction of all or of a large body of the common law. For philosophers of law this has usually meant trying to rationalize a body of law under one or another principle of justice. This paper explores the efforts of the leading tort theorists to provide a moral basis - in the sense of rational reconstruction based on alleged moral principles - for the law of torts. The (...)
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  19. Benjamin C. Zipursky (2005). Philosophy of Tort Law. In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Blackwell Pub.. 122--137.score: 42.0
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  20. David G. Owen (1995). Why Philosophy Matters to Tort Law. In , Philosophical Foundations of Tort Law. Oxford University Press. 1--1.score: 42.0
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  21. Arthur Ripstein (2002). Philosophy of Tort Law. In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oup Oxford.score: 42.0
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  22. John Oberdiek (2008). Philosophical Issues in Tort Law. Philosophy Compass 3 (4):734-748.score: 40.0
    The union of contemporary philosophy and tort law has never been better. Perhaps the most dynamic current in contemporary tort theory concerns the increasingly sophisticated inquires into the doctrinal elements of the law of torts, with the tort of negligence in particular garnering the most attention from theorists. In this article, I examine philosophically rich issues revolving around each of the elements constituting the tort of negligence: compensable injury, duty, breach, actual cause, and proximate cause.
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  23. Alan Strudler (1992). Mass Torts and Moral Principles. Law and Philosophy 11 (4):297 - 330.score: 38.0
    This paper examines moral problems that arise when assigning liability in causally problematic mass exposure tort cases. It examines the relevance of different conceptions of corrective justice for such assignments of liability. It explores an analogy between the expressive role of punishment and the expressive role of tort, and argues that the imposition of liability in causally problematic mass exposure cases can be justified by appeal to expressive considerations.
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  24. Jefferson White (ed.) (1999). Introduction to the Philosophy of Law: Readings and Cases. Oxford University Press.score: 38.0
    Introduction to the Philosophy of Law: Readings and Cases employs a combination of case-based and theory-based materials to show novices in the field how the philosophy of law is related to concrete and actual legal practice. Ideal for undergraduates, it engages their curiosity about the law without sacrificing philosophical content. The authors emphasize a command of legal concepts and doctrine as a prelude to philosophical analysis. Designed to acquaint students with the fundamentals of jurisprudence and legal theory, Part (...)
     
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  25. R. G. Frey & Christopher W. Morris (eds.) (1991). Liability and Responsibility: Essays in Law and Morals. Cambridge University Press.score: 36.0
    This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics in the philosophy of law, focusing on issues concerning liability in contract, tort, and criminal law. The book is divided into four sections. The first provides a conceptual overview of the issues at stake in a philosophical discussion of liability and responsibility. The second, third, and fourth sections present, in turn, more detailed explorations of the roles of notions of liability and responsibility (...)
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  26. Jules L. Coleman (1993). Contracts and Torts. Law and Philosophy 12 (1):71 - 93.score: 36.0
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  27. Carl F. Cranor (1985). Joint Causation, Torts, and Regulatory Law in Workplace Health Protections. International Journal of Applied Philosophy 2 (4):59-84.score: 36.0
  28. Jody S. Kraus (1997). A Non-Solution to a Non-Problem: A Comment on Alan Strudler's“Mass Torts and Moral Principles”. [REVIEW] Law and Philosophy 16 (1):91 - 100.score: 36.0
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  29. Mark Parascandola (1997). Chances, Individuals and Toxic Torts. Journal of Applied Philosophy 14 (2):147–158.score: 36.0
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  30. Benjamin C. Zipursky (2012). The Law of Torts. In Marmor Andrei (ed.), The Routledge Companion to Philosophy of Law. Routledge. 261.score: 36.0
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  31. S. J. (1997). A Non-Solution to a Non-Problem: A Comment on Alan Strudler's Ldquomass Torts and Moral Principlesrdquo. Law and Philosophy 16 (1):91-100.score: 36.0
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  32. A. Strudler (1997). The Problem of Mass Torts. Law and Philosophy 16 (1):101-105.score: 36.0
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  33. Arthur Ripstein (2004). Critical Notice Too Much Invested to Quit. Economics and Philosophy 20 (1):185-208.score: 30.0
    Faculty of Law and Department of Philosophy, University of Toronto 1. INTRODUCTION The economic analysis of law has gone through a remarkable change in the past decade and a half. The founding articles of the discipline – such classic pieces as Ronald Coase’s “The problem of social cost” (1960), Richard Posner’s “A theory of negligence” (1972) and Guido Calabresi and Douglas Malamed’s “Property rules, liability rules, and inalienability: One view of the cathedral” (1972) – offered economic analyses of familiar (...)
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  34. Eric Dietrich (2011). There Is No Progress in Philosophy. Essays in Philosophy 12 (2):9.score: 27.0
    Except for a patina of twenty-first century modernity, in the form of logic and language, philosophy is exactly the same now as it ever was; it has made no progress whatsoever. We philosophers wrestle with the exact same problems the Pre-Socratics wrestled with. Even more outrageous than this claim, though, is the blatant denial of its obvious truth by many practicing philosophers. The No-Progress view is explored and argued for here. Its denial is diagnosed as a form of anosognosia, (...)
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  35. Babette E. Babich (2003). On the Analytic-Continental Divide in Philosophy : Nietzsche's Lying Truth, Heidegger's Speaking Language, and Philosophy. In C. G. Prado (ed.), A House Divided: Comparing Analytic and Continental Philosophy. Humanity Books.score: 27.0
    On the political nature of the analytic - continental distinction in professional philosophy and the general tendency to discredit continental philosophy while redesignating the rubric as analytically conceived.
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  36. Lydia Patton (2010). Review: Makkreel and Luft (Eds), Neo-Kantianism in Contemporary Philosophy. [REVIEW] Philosophy in Review 30 (4):280-282.score: 27.0
    A volume dealing seriously with the influence of the major schools of Neo-Kantian thought on contemporary philosophy has been needed sorely for some time. But this volume of essays aims higher: it 'is published in the hopes that it will secure Neo-Kantianism a significant place in contemporary philosophical discussions' (Introduction, 1). The aim of the book, then, is partly to provide a history of major Neo-Kantian thinkers and their influence, and partly to argue for their importance in contemporary (continental) (...)
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  37. Joshua Knobe (2007). Experimental Philosophy. Philosophy Compass 2 (1):81–92.score: 27.0
    Claims about people's intuitions have long played an important role in philosophical debates. The new field of experimental philosophy seeks to subject such claims to rigorous tests using the traditional methods of cognitive science – systematic experimentation and statistical analysis. Work in experimental philosophy thus far has investigated people's intuitions in philosophy of language, philosophy of mind, epistemology, and ethics. Although it is now generally agreed that experimental philosophers have made surprising discoveries about people's intuitions in (...)
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  38. Jennifer Nagel & Kaija Mortensen (forthcoming). Armchair-Friendly Experimental Philosophy. In Justin Sytsma & Wesley Buckwalter (eds.), A Companion to Experimental Philosophy. Blackwell.score: 27.0
    Once symbolized by a burning armchair, experimental philosophy has in recent years shifted away from its original hostility to traditional methods. Starting with a brief historical review of the experimentalist challenge to traditional philosophical practice, this chapter looks at research undercutting that challenge, and at ways in which experimental work has evolved to complement and strengthen traditional approaches to philosophical questions.
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  39. Neil Levy & Yasuko Kitano (2011). We're All Folk: An Interview with Neil Levy About Experimental Philosophy and Conceptual Analysis. Annals of the Japan Association for Philosophy of Science 19:87-98.score: 27.0
    The following is a transcript of the interview I (Yasuko Kitano) conducted with Neil Levy (The Centre for Applied Philosophy and Public Ethics, CAPPE) on the 23rd in July 2009, while he was in Tokyo to give a series of lectures on neuroethics at The University of Tokyo Center for Philosophy. I edited his words for publication with his approval.
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  40. Ian Hacking (2011). Why is There Philosophy of Mathematics AT ALL? South African Journal of Philosophy 30 (1):1-15.score: 27.0
    Mathematics plays an inordinate role in the work of many of famous Western philosophers, from the time of Plato, through Husserl and Wittgenstein, and even to the present. Why? This paper points to the experience of learning or making mathematics, with an emphasis on proof. It distinguishes two sources of the perennial impact of mathematics on philosophy. They are classified as Ancient and Enlightenment. Plato is emblematic of the former, and Kant of the latter. The Ancient fascination arises from (...)
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  41. Thomas Mormann (2013). Topology as an Issue for History of Philosophy of Science. In Hanne Andersen, Dennis Dieks, Wenceslao J. Gonzalez, Thomas Uebel & Gregory Wheeler (eds.), New Challenges to Philosophy of Science. Springer. 423--434.score: 27.0
    Since antiquity well into the beginnings of the 20th century geometry was a central topic for philosophy. Since then, however, most philosophers of science, if they took notice of topology at all, considered it as an abstruse subdiscipline of mathematics lacking philosophical interest. Here it is argued that this neglect of topology by philosophy may be conceived of as the sign of a conceptual sea-change in philosophy of science that expelled geometry, and, more generally, mathematics, from the (...)
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  42. Mark Schroeder (2012). Philosophy of Language for Metaethics. In Gillian Russell & Delia Graff Fara (eds.), The Routledge Companion to the Philosophy of Language. Routledge.score: 27.0
    Metaethics is the study of metaphysics, epistemology, the philosophy of mind, and the philosophy of language, insofar as they relate to the subject matter of moral or, more broadly, normative discourse – the subject matter of what is good, bad, right or wrong, just, reasonable, rational, what we must or ought to do, or otherwise. But out of these four ‘core’ areas of philosophy, it is plausibly the philosophy of language that is most central to metaethics (...)
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  43. Dermot Moran (2008). Husserl's Transcendental Philosophy and the Critique of Naturalism. Continental Philosophy Review 41 (4):401-425.score: 27.0
    Throughout his career, Husserl identifies naturalism as the greatest threat to both the sciences and philosophy. In this paper, I explicate Husserl’s overall diagnosis and critique of naturalism and then examine the specific transcendental aspect of his critique. Husserl agreed with the Neo-Kantians in rejecting naturalism. He has three major critiques of naturalism: First, it (like psychologism and for the same reasons) is ‘countersensical’ in that it denies the very ideal laws that it needs for its own justification. Second, (...)
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  44. Bernard Williams (2000). Philosophy as a Humanistic Discipline. Philosophy 75 (4):477-496.score: 27.0
    What can--and what can't--philosophy do? What are its ethical risks--and its possible rewards? How does it differ from science? In Philosophy as a Humanistic Discipline , Bernard Williams addresses these questions and presents a striking vision of philosophy as fundamentally different from science in its aims and methods even though there is still in philosophy "something that counts as getting it right." Written with his distinctive combination of rigor, imagination, depth, and humanism, the book amply demonstrates (...)
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  45. Paul Hoyningen-Huene (1993). Reconstructing Scientific Revolutions: Thomas S. Kuhn's Philosophy of Science. University of Chicago Press.score: 27.0
    Few philosophers of science have influenced as many readers as Thomas S. Kuhn. Yet no comprehensive study of his ideas has existed--until now. In this volume, Paul Hoyningen-Huene examines Kuhn's work over four decades, from the days before The Structure of Scientific Revolutions to the present, and puts Kuhn's philosophical development in a historical framework. Scholars from disciplines as diverse as political science and art history have offered widely differing interpretations of Kuhn's ideas, appropriating his notions of paradigm shifts and (...)
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  46. Dachun Liu & Yongmou Liu (2009). A Reflection on the Alternative Philosophy of Science. Frontiers of Philosophy in China 4 (4):576-588.score: 27.0
    A prominent phenomenon in contemporary philosophy of science has been the unexpected rise of alternative philosophers of science. This article analyses in depth such alternative philosophers of science as Paul Feyerabend, Richard Rorty, and Michel Foucault, summarizing the similarities and differences between alternative philosophies of science and traditional philosophy of science so as to unveil the trends in contemporary philosophy of science. With its different principles and foundation, alternative philosophy of science has made breakthroughs in terms (...)
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  47. Massimo Pigliucci (2012). Doctor Who and Philosophy. [REVIEW] Philosophy Now 89 (Mar/Apr):43-44.score: 27.0
    The good Doctor has a lot to say about philosophy.
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  48. Markus Schrenk (2010). Mauro Dorato * The Software of the Universe: An Introduction to the History and Philosophy of the Laws of Nature. [REVIEW] British Journal for the Philosophy of Science (E-Version) 62 (1):225-232.score: 27.0
    This is a review of Mauro Dorato's book "The Software of the Universe: An Introduction to the History and Philosophy of the Laws of Nature".
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  49. Sharon Crasnow (2013). Feminist Philosophy of Science: Values and Objectivity. Philosophy Compass 8 (4):413-423.score: 27.0
    Feminist philosophy of science appears to present problems for the ideal of value-free science. These difficulties also challenge a traditional understanding of the objectivity of science. However, feminist philosophers of science have good reasons for desiring to retain some concept of objectivity. The present essay considers several recent and influential feminist approaches to the role of social and political values in science, with particular focus on feminist empiricism and feminist standpoint theory. The similarities and difference, as well as the (...)
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  50. Mark Kaplan (1983). Decision Theory as Philosophy. Philosophy of Science 50 (4):549-577.score: 27.0
    Is Bayesian decision theory a panacea for many of the problems in epistemology and the philosophy of science, or is it philosophical snake-oil? For years a debate had been waged amongst specialists regarding the import and legitimacy of this body of theory. Mark Kaplan had written the first accessible and non-technical book to address this controversy. Introducing a new variant on Bayesian decision theory the author offers a compelling case that, while no panacea, decision theory does in fact have (...)
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