Search results for 'open texture' (try it on Scholar)

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  1. Brian Bix (1991). H. L. A. Hart and the “Open Texture” of Language. Law and Philosophy 10 (1):51 - 72.score: 180.0
    H. L. A. Hart and the "Open Texture" of Language tries to clarify the writings of both Hart and Friedrich Waismann on "open texture". In Waismann's work, "open texture" referred to the potential vagueness of words under extreme (hypothetical) circumstances. Hart's use of the term was quite different, and his work has been misunderstood because those differences were underestimated. Hart should not be read as basing his argument for judicial discretion on the nature of (...)
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  2. Stephen Yablo (2000). Textbook Kripkeanism and the Open Texture of Concepts. Pacific Philosophical Quarterly 81 (1):98–122.score: 150.0
    Kripke, argued like this: it seems possible that E; the appearance can't be explained away as really pertaining to a "presentation" of E; so, pending a different explanation, it is possible that E. Textbook Kripkeans see in the contrast between E and its presentation intimations of a quite general distinction between two sorts of meaning. E's secondary or a posteriori meaning is the set of all worlds w which E, as employed here, truly describes. Its primary or a priori meaning (...)
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  3. Hanne Andersen (2000). Kuhn's Account of Family Resemblance: A Solution to the Problem of Wide-Open Texture. [REVIEW] Erkenntnis 52 (3):313-337.score: 150.0
    It is a commonly raised argument against thefamily resemblance account of concepts that, on thisaccount, there is no limit to a concept's extension.An account of family resemblance which attempts toprovide a solution to this problem by including bothsimilarity among instances and dissimilarity tonon-instances has been developed by the philosopher ofscience Thomas Kuhn. Similar solutions have beenhinted at in the literature on family resemblanceconcepts, but the solution has never received adetailed investigation. I shall provide areconstruction of Kuhn's theory and argue that (...)
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  4. D. Lyons (1999). Open Texture and the Possibility of Legal Interpretation. Law and Philosophy 18 (3):297-309.score: 150.0
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  5. Eddy M. Zemach (1983). Identity and Open Texture. Philosophia 13 (3-4):255-262.score: 150.0
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  6. Stewart Shapiro (2013). Vagueness, Open-Texture, and Retrievability. Inquiry 56 (2-3):307-326.score: 150.0
    Just about every theorist holds that vague terms are context-sensitive to some extent. What counts as ?tall?, ?rich?, and ?bald? depends on the ambient comparison class, paradigm cases, and/or the like. To take a stock example, a given person might be tall with respect to European entrepreneurs and downright short with respect to professional basketball players. It is also generally agreed that vagueness remains even after comparison class, paradigm cases, etc. are fixed, and so this context sensitivity does not solve (...)
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  7. Paul Helm (1968). Defeasibility and Open Texture. Analysis 28 (5):173 - 175.score: 150.0
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  8. Desmond L. Bell (1978). The Open Texture of Moral Concepts. Philosophical Studies 26:318-322.score: 150.0
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  9. Thomas R. Kearns (1972). Open Texture and Judicial Law-Making. Social Theory and Practice 2 (2):177-187.score: 150.0
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  10. Bruce L. Miller (1972). Open Texture and Judicial Decision. Social Theory and Practice 2 (2):163-175.score: 150.0
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  11. John V. Apczynski (1979). The Open-Texture of Moral Concepts. Tradition and Discovery 6 (2):1-2.score: 150.0
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  12. Robert J. Henle (1978). "The Open-Texture of Moral Concepts," by John M. Brennan. Modern Schoolman 55 (4):401-403.score: 150.0
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  13. Avishai Margalit (1979). Open Texture. In A. Margalit (ed.), Meaning and Use. Reidel. 141--152.score: 150.0
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  14. A. S. C. (1978). The Open Texture of Moral Concepts. Review of Metaphysics 32 (2):352-353.score: 150.0
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  15. Geoffrey Harrison (1978). The OpenTexture of Moral Concepts. Philosophical Books 19 (3):116-117.score: 150.0
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  16. Liliana Albertazzi (1997). The Open Texture of Concepts: Felix Kaufmann and the Brentanists. In F. Stadler (ed.), Phenomenology and Logical Empirism. Springer.score: 150.0
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  17. Brian H. Bix (2012). Defeasibility and Open Texture. In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.score: 150.0
     
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  18. J. M. Brennan (1977). The Open-Texture of Moral Concepts. Macmillan.score: 150.0
     
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  19. Stewart Shapiro (2007). Computability, Proof, and Open-Texture. In ¸ Iteolszewskietal:Cta. 420--55.score: 150.0
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  20. K. Wallace (1972). Waismann on Open Texture. Journal of Thought 7 (1):39-45.score: 150.0
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  21. Martin Montminy (2010). Two Contextualist Fallacies. Synthese 173 (3):317 - 333.score: 90.0
    I examine the radical contextualists’ two main arguments for the semantic underdeterminacy thesis, according to which all, or almost all, English sentences lack context-independent truth conditions. I show that both arguments are fallacious. The first argument, which I call the fallacy of the many understandings , mistakenly infers that a sentence S is semantically incomplete from the fact that S can be used to mean different things in different contexts. The second argument, which I call the open texture (...)
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  22. Andreas Hamfelt (1995). Formalizing Multiple Interpretation of Legal Knowledge. Artificial Intelligence and Law 3 (4):221-265.score: 90.0
    A representation methodology for knowledge allowing multiple interpretations is described. It is based on the following conception of legal knowledge and its open texture. Since indeterminate, legal knowledge must be adapted to fit the circumstances of the cases to which it is applied. Whether a certain adaptation is lawful or not is measured by metaknowledge. But as this too is indeterminate, its adaptation to the case must be measured by metametaknowledge, etc. This hierarchical model of law is quite (...)
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  23. Kenneth R. Westphal (1998). ‘Transcendental Reflections on Pragmatic Realism’. In K. R. Westphal (ed.), Pragmatism, Reason, & Norms: A Realistic Assessment. Fordham UP. 17--58.score: 90.0
    By deepening Austin’s reflections on the ‘open texture’ of empirical concepts, Frederick L. Will defends an ‘externalist’ account of mental content: as human beings we could not think, were we not in fact cognizant of a natural world structured by events and objects with identifiable and repeatable similarities and differences. I explicate and defend Will’s insight by developing a parallel critique of Kant’s and Carnap’s rejections of realism, both of whom cannot account properly for the content of experience. (...)
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  24. Stefania Costantini & Gaetano Aurelio Lanzarone (1995). Explanation-Based Interpretation of Open-Textured Concepts in Logical Models of Legislation. Artificial Intelligence and Law 3 (3):191-208.score: 72.0
    In this paper we discuss a view of the Machine Learning technique called Explanation-Based Learning (EBL) or Explanation-Based Generalization (EBG) as a process for the interpretation of vague concepts in logic-based models of law.The open-textured nature of legal terms is a well-known open problem in the building of knowledge-based legal systems. EBG is a technique which creates generalizations of given examples on the basis of background domain knowledge. We relate these two topics by considering EBG''s domain knowledge as (...)
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  25. Kathryn E. Sanders (2001). CHIRON: Planning in an Open-Textured Domain. [REVIEW] Artificial Intelligence and Law 9 (4):225-269.score: 72.0
    Planning problems arise in law when an individual (or corporation)wants to perform a sequence of actions that raises legal issues. Manylawyers make their living planning transactions, and a system thathelped them to solve these problems would be in demand.The designer of such a system in a common-law domain must addressseveral difficult issues, including the open-textured nature of legal rules,the relationship between legal rules and cases, the adversarial nature ofthe domain, and the role of argument. In addition, the system's design (...)
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  26. F. Atria (1999). Legal Reasoning and Legal Theory Revisited. Law and Philosophy 18 (5):537-577.score: 60.0
    This article deals with the relation between a theory of law and a theory of legal reasoning. Starting from a close reading of Chapter VII of H. L. A. Hart's The Concept of Law, it claims that a theory of law like Hart's requires a particular theory of legal reasoning, or at least a theory of legal reasoning with some particular characteristics. It then goes on to say that any theory of legal reasoning that satisfies those requirements is highly implausible, (...)
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  27. J. M. Shorter (1962). More About Bodily Continuity and Personal Identity. Analysis 22 (March):79-85.score: 60.0
  28. P. Garbacz (2004). Subsumption and Relative Identity. Axiomathes 14 (4):341-360.score: 60.0
    This paper is a modification of Nicola Guarino and Christopher Welty's conception of the subsumption relation. Guarino and Welty require that that whether one property may subsume the other should depend on the modal metaproperties of those properties. I argue that the part of their account that concerns the metaproperty carrying a criterion of identity is essentially flawed. Subsequently, I propose to constrain the subsumption relation not, as Guarino and Welty require, by means of incompatible criteria of absolute identity but (...)
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  29. James Franklin (2013). Arguments Whose Strength Depends on Continuous Variation. Informal Logic 33 (1):33-56.score: 60.0
    Both the traditional Aristotelian and modern symbolic approaches to logic have seen logic in terms of discrete symbol processing. Yet there are several kinds of argument whose validity depends on some topological notion of continuous variation, which is not well captured by discrete symbols. Examples include extrapolation and slippery slope arguments, sorites, fuzzy logic, and those involving closeness of possible worlds. It is argued that the natural first attempts to analyze these notions and explain their relation to reasoning fail, so (...)
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  30. Matthew Lister (2014). Review of Defeasibility in Philosophy: Knowledge, Agency, Responsibility, and the Law; Claudia Blöser, Mikael Janvid, Hannes Ole Matthiessen, and Marcus Willaschek (Eds.). [REVIEW] Notre Dame Philosophical Reviews 2014.score: 60.0
    This volume is based on papers presented at a conference on defeasibility in ethics, epistemology, law, and logic that took place at the Goethe University in Frankfurt in 2010. The subtitle (“Knowledge, Agency, Responsibility, and the Law”) better reflects the content than does the title of the original conference. None of the papers focuses directly or primarily on defeasible reasoning in logic, though a few touch on this indirectly. Nor are the papers evenly split among the topics. Six are primarily (...)
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  31. Richard J. Sclafani (1971). 'Art', Wittgenstein, and Open-Textured Concepts. Journal of Aesthetics and Art Criticism 29 (3):333-341.score: 60.0
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  32. Andersen Hanne (2000). Kuhn's Account of Family Resemblances: A Solution to the Problem of Wide-Open Textures. Erkenntnis 52 (3):313-337.score: 50.0
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  33. Susanne Bobzien (2012). If It's Clear, Then It's Clear That It's Clear, or is It? Higher-Order Vagueness and the S4 Axiom. In B. Morison K. Ierodiakonou (ed.), Episteme, etc. OUP UK.score: 30.0
    The purpose of this paper is to challenge some widespread assumptions about the role of the modal axiom 4 in a theory of vagueness. In the context of vagueness, axiom 4 usually appears as the principle ‘If it is clear (determinate, definite) that A, then it is clear (determinate, definite) that it is clear (determinate, definite) that A’, or, more formally, CA → CCA. We show how in the debate over axiom 4 two different notions of clarity are in play (...)
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  34. Steven Gross (2009). Review of Stewart Shapiro, Vagueness in Context. [REVIEW] Philosophical Review 118 (2):261-266.score: 30.0
    Stewart Shapiro’s book develops a contextualist approach to vagueness. It’s chock-full of ideas and arguments, laid out in wonderfully limpid prose. Anyone working on vagueness (or the other topics it touches on—see below) will want to read it. According to Shapiro, vague terms have borderline cases: there are objects to which the term neither determinately applies nor determinately does not apply. A term determinately applies in a context iff the term’s meaning and the non-linguistic facts determine that they do. The (...)
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  35. Stephen Yablo (2009). Thoughts: Papers on Mind, Meaning, and Modality. Oxford University Press.score: 30.0
    The real distinction between mind and body -- Is conceivability a guide to possibility? -- Textbook kripkeanism and the open texture of concepts -- Coulda, woulda, shoulda -- No fool's cold : notes on illusions of possibility -- Beyond rigidification : the importance of being really actual -- How in the world? -- Mental causation -- Singling out properties -- Wide causation -- Causal relevance : mental, moral, and epistemic.
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  36. Brian Bix (1993). Law, Language, and Legal Determinacy. Oxford University Press.score: 30.0
    This book discusses one of the central problems in the philosophy of law--the question of legal determinacy. Is the law a seamless web or are there gaps? Bix argues that the major re-thinking of the common and "common sense" views about law that have been proposed by various recent legal theories is unnecessary. He offers a reconsideration of the role of language in the law, and the way ideas about language have been used and misused in recent legal theory. He (...)
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  37. Stewart Shapiro (2008). Reasoning with Slippery Predicates. Studia Logica 90 (3):313 - 336.score: 30.0
    It is a commonplace that the extensions of most, perhaps all, vague predicates vary with such features as comparison class and paradigm and contrasting cases. My view proposes another, more pervasive contextual parameter. Vague predicates exhibit what I call open texture: in some circumstances, competent speakers can go either way in the borderline region. The shifting extension and anti-extensions of vague predicates are tracked by what David Lewis calls the “conversational score”, and are regulated by what Kit Fine (...)
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  38. John D. Arras (1991). Getting Down to Cases: The Revival of Casuistry in Bioethics. Journal of Medicine and Philosophy 16 (1):29-51.score: 30.0
    This article examines the emergence of casuistical case analysis as a methodological alternative to more theory-driven approaches in bioethics research and education. Focusing on The Abuse of Casuistry by A. Jonsen and S. Toulmin, the article articulates the most characteristic features of this modernday casuistry (e.g., the priority allotted to case interpretation and analogical reasoning over abstract theory, the resemblance of casuistry to common law traditions, the ‘open texture’ of its principles, etc.) and discusses some problems with casuistry (...)
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  39. T. Mooney, John Williams & Mark Nowacki (2011). Kovesi and the Formal and Material Elements of Concepts. Philosophia 39 (4):699-720.score: 30.0
    In his seminal work Moral Notions , Julius Kovesi presents a novel account of concept formation. At the heart of this account is a distinction between what he terms the material element and the formal element of concepts. This paper elucidates his distinction in detail and contrasts it with other distinctions such as form-matter, universal-particular, genus-difference, necessary-sufficient, and open texture-closed texture. We situate Kovesi’s distinction within his general philosophical method, outlining his views on concept formation in general (...)
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  40. Francis Jeffry Pelletier, The Good, the Bad, and the Ugly.score: 30.0
    Many different kinds of items have been called vague, and so-called for a variety of different reasons. Traditional wisdom distinguishes three views of why one might apply the epitaph "vague" to an item; these views are distinguished by what they claim the vagueness is due to. One type of vagueness, The Good, locates vagueness in language, or in some representational system -- for example, it might say that certain predicates have a range of applicability. On one side of the range (...)
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  41. Matthew MacKenzie (2013). Enacting Selves, Enacting Worlds: On the Buddhist Theory of Karma. Philosophy East and West 63 (2):194-212.score: 30.0
    The concept of karma is one of the most general and basic for the philosophical traditions of India, one of an interconnected cluster of concepts that form the basic presuppositions of Indian philosophy. And like many general, pervasive, and basic philosophical concepts, the idea of karma exhibits both semantic complexity and a certain fluidity and open texture. That is, the concept may not have a determinate application in all possible cases, it can be fleshed out in quite different (...)
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  42. Andrew Stranieri, John Zeleznikow, Mark Gawler & Bryn Lewis (1999). A Hybrid Rule – Neural Approach for the Automation of Legal Reasoning in the Discretionary Domain of Family Law in Australia. Artificial Intelligence and Law 7 (2-3):153-183.score: 30.0
    Few automated legal reasoning systems have been developed in domains of law in which a judicial decision maker has extensive discretion in the exercise of his or her powers. Discretionary domains challenge existing artificial intelligence paradigms because models of judicial reasoning are difficult, if not impossible to specify. We argue that judicial discretion adds to the characterisation of law as open textured in a way which has not been addressed by artificial intelligence and law researchers in depth. We demonstrate (...)
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  43. Patricia Mindus (forthcoming). Realism Today: On Dagan's Quest Beyond Cynicism and Romanticism in Law. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-22.score: 30.0
    This paper explores the contribution by the contemporary legal realist Hanoch Dagan. Dagan’s brand of realism defines law on the basis of its institutions or social practices, not of its norms or rules. The paper first provides a critical overview of this realist theory of law: It is not synonymous with the predictive theory of law, with Leiter’s theory of judges, or Frank’s “breakfast theory”. By focusing on the role of judges and the methodology of legal reasoning, we discover that (...)
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  44. Kenneth R. Westphal (1997). ‘Frederick L. Will’s Pragmatic Realism: An Introduction’. In K. R. Westphal (ed.), Frederick L. Will, Pragmatism and Realism. Rowman & Littlefield.score: 30.0
    This critical editorial introduction summarizes and explicates Frederick Will’s pragmatic realism and his account of the nature, assessment, and revision of cognitive and practical norms in connection with: the development of Will’s pragmatic realism, Hume’s problem of induction, the oscillations between foundationalism and coherentism, the nature of philosophical reflection, Kant’s ‘Refutation of Idealism’, the open texture of empirical concepts, the correspondence conception of truth, Putnam’s ‘internal realism’, the redundancy theory of truth, sociology of knowledge, the governance of practice (...)
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  45. Elizabeth Barnes & Ross Cameron (2009). The Open Future: Bivalence, Determinism and Ontology. Philosophical Studies 146 (2):291 - 309.score: 24.0
    In this paper we aim to disentangle the thesis that the future is open from theses that often get associated or even conflated with it. In particular, we argue that the open future thesis is compatible with both the unrestricted principle of bivalence and determinism with respect to the laws of nature. We also argue that whether or not the future (and indeed the past) is open has no consequences as to the existence of (past and) future (...)
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  46. Paul B. de Laat (2012). Open Source Production of Encyclopedias: Editorial Policies at the Intersection of Organizational and Epistemological Trust. Social Epistemology 26 (1):71-103.score: 24.0
    The ideas behind open source software are currently applied to the production of encyclopedias. A sample of six English text-based, neutral-point-of-view, online encyclopedias of the kind are identified: h2g2, Wikipedia, Scholarpedia, Encyclopedia of Earth, Citizendium and Knol. How do these projects deal with the problem of trusting their participants to behave as competent and loyal encyclopedists? Editorial policies for soliciting and processing content are shown to range from high discretion to low discretion; that is, from granting unlimited trust to (...)
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  47. Clint Ballinger (2007). Initial Conditions and the 'Open Systems' Argument Against Laws of Nature. Metaphysica 9 (1):17-31.score: 24.0
    This article attacks “open systems” arguments that because constant conjunctions are not generally observed in the real world of open systems we should be highly skeptical that universal laws exist. This work differs from other critiques of open system arguments against laws of nature by not focusing on laws themselves, but rather on the inference from open systems. We argue that open system arguments fail for two related reasons; 1) because they cannot account for the (...)
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  48. Caj Strandberg (2004). In Defence of the Open Question Argument. Journal of Ethics 8 (2):179-196.score: 24.0
    The purpose of this paper is to defend G. E. Moore's open question argument, understood as an argument directed against analytic reductionism, the view that moral properties are analytically reducible to non-moral properties. In the first section I revise Moore's argument in order to make it as plausible and resistant against objections as possible. In the following two sections I develop the argument further and defend it against the most prominent objections raised against it. The conclusion of my line (...)
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  49. Paul B. de Laat (2001). Open Source Software: A New Mertonian Ethos? In Anton Vedder (ed.), Ethics and the Internet. Intersentia.score: 24.0
    Hacker communities of the 1970s and 1980s developed a quite characteristic work ethos. Its norms are explored and shown to be quite similar to those which Robert Merton suggested govern academic life: communism, universalism, disinterestedness, and organized scepticism. In the 1990s the Internet multiplied the scale of these communities, allowing them to create successful software programs like Linux and Apache. After renaming themselves the `open source software' movement, with an emphasis on software quality, they succeeded in gaining corporate interest. (...)
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  50. Alan Rhoda (2007). The Philosophical Case for Open Theism. Philosophia 35 (3-4):301-311.score: 24.0
    The goal of this paper is to defend open theism vis-à-vis its main competitors within the family of broadly classical theisms, namely, theological determinism and the various forms of non-open free-will theism, such as Molinism and Ockhamism. After isolating two core theses over which open theists and their opponents differ, I argue for the open theist position on both points. Specifically, I argue against theological determinists that there are future contingents. And I argue against non-open (...)
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