Search results for 'philosophical jurisprudence' (try it on Scholar)

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  1. Aulis Aarnio (1983). Philosophical Perspectives in Jurisprudence. Distributed by Academic Bookstore.score: 42.0
     
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  2. W. Lowenhaupt (1974). Books and Articles on Natural Law, Jurisprudence, and Related Areas: A Bibliography of Legal-Philosophical Material Published in Germany, Switzerland, Austria, France, and Italy, 1973. American Journal of Jurisprudence 19 (1):145-162.score: 39.0
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  3. Donald R. Kelley (1976). Vera Philosophia: The Philosophical Significance of Renaissance Jurisprudence. Journal of the History of Philosophy 14 (3):267-279.score: 36.0
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  4. Morris R. Cohen (1913). Jurisprudence as a Philosophical Discipline. Journal of Philosophy, Psychology and Scientific Methods 10 (9):225-232.score: 36.0
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  5. Jésus Ezquerro (1985). Philosophical Perspectives in Jurisprudence. Theoria 1 (2):579-584.score: 36.0
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  6. Christine Parker (2010). Philosophical Legal Ethics: Ethics, Morals and Jurisprudence - Introduction. Legal Ethics 13 (2):165.score: 36.0
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  7. Ota Weinberger (2000). The Philosophical Basis of Practical Philosophy, Mainly of Jurisprudence. Rechtstheorie 31 (2):167-184.score: 36.0
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  8. Paul Franco & Leslie Marsh (eds.) (2012). A Companion to Michael Oakeshott. Penn State.score: 31.0
    Michael Oakeshott has long been recognized as one of the most important political philosophers of the twentieth century, but until now no single volume has been able to examine all the facets of his wide-ranging philosophy with sufficient depth, expertise, and authority. The essays collected here cover all aspects of Oakeshott’s thought, from his theory of knowledge and philosophies of history, religion, art, and education to his reflections on morality, politics, and law. The volume provides an authoritative and synoptic guide (...)
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  9. Francis J. Beckwith (2011). Or We Can Be Philosophers: A Response to Barbara Forrest. Synthese:1-23.score: 30.0
    This article is a response to Barbara Forrest’ 2011 Synthese article, “On the Non-Epistemology of Intelligent Design.” Forrest offers an account of my philosophical work that consists almost entirely of personal attacks, excursions into my religious pilgrimage, and misunderstandings and misrepresentations of my work as well as of certain philosophical issues. Not surprisingly, the Synthese editors include a disclaimer in the front matter of the special issue in which Forrest’s article was published. In my response, I address three (...)
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  10. Knud Haakonssen (1981). The Science of a Legislator: The Natural Jurisprudence of David Hume and Adam Smith. Cambridge University Press.score: 27.0
    Combining the methods of the modern philosopher with those of the historian of ideas, Knud Haakonssen presents an interpretation of the philosophy of law which Adam Smith developed out of - and partly in response to - David Hume's theory of justice. While acknowledging that the influences on Smith were many and various, Dr Haakonssen suggests that the decisive philosophical one was Hume's analysis of justice in A Treatise of Human Nature and the second Enquiry. He therefore begins with (...)
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  11. Wilfrid J. Waluchow & Stefan Sciaraffa (eds.) (2013). Philosophical Foundations of the Nature of Law. Oxford University Press.score: 27.0
    Part I. Furthering debate between leading theories of Law -- The Explantory Role of the Weak Natural Law Thesis -- In Defense of Hart -- Law's Authority is not a Claim to Preemption -- The Normative Fallacy Regarding Law's Authority -- The Problem about the Nature of Law vis-à-vis Legal Rationality Revisited : Towards an Integrative Jurisprudence -- Part II. The Power of Legal Systems -- Law as Power : Two Rule of Law Requirements -- A Comprehensive Hartian Theory (...)
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  12. Denise Meyerson (2011). Jurisprudence. Oxford University Press.score: 27.0
    Jurisprudence explores fundamental questions about law and justice from a philosophical and theoretical perspective. Rather than merely describing the field, the book provides rigorous evaluation of jurisprudential arguments and explains in clear, accurate and accessible terms, the complex and cutting-edge debates which define the field of contemporary jurisprudence.
     
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  13. Scott Veitch, Emilios A. Christodoulidis & Lindsay Farmer (eds.) (2007). Jurisprudence: Themes and Concepts. Routledge-Cavendish.score: 27.0
    This new book takes an innovative and novel approach to the study of jurisprudence. Drawing together a range of specialists, making original contributions, it provides a summary, analysis, and critique of basic themes in, and major contributions to, the study of jurisprudence. The book explores issues and ideas in jurisprudence in a way that integrates them with legal study more broadly, avoiding the tendency in recent years for the subject to become overly inward-looking, specialist and technical, leaving (...)
     
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  14. James Lee (2010). MacCormick's Jurisprudence Determined. Jurisprudence 1 (1):105-119.score: 24.0
    This review examines the final three books in the late Professor Sir Neil MacCormick's series "Law, State and Practical Reason": Rhetoric and the Rule of Law; Institutions of Law: An Essay in Legal Theory; and Practical Reason in Law and Morality . The books represent a monumental accomplishment, providing a restatement of his positions in jurisprudence, while embracing and confronting a remarkable range of traditions and philosophical approaches. Advancing what he terms a "post-positivistic view of law". MacCormick provides (...)
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  15. Nicola Lacey (2013). The Jurisprudence Annual Lecture 2013 Institutionalising Responsibility: Implications for Jurisprudence. Jurisprudence 4 (1):1-19.score: 24.0
    In this paper, the author suggest that the historical and institutional conditions of existence of the concepts which animate legal argumentation – like the historical and institutional conditions of existence of certain forms of law – are of interest not only in their own right, but also because they raise methodological issues for jurisprudence. These include questions about the relationship between concepts and the social phenomena which they purport to categorise; about the relationship between philosophical and other forms (...)
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  16. Jules L. Coleman & Scott Shapiro (eds.) (2002). The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.score: 24.0
    One of the first volumes in the new series of prestigious Oxford Handbooks, The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-seven of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship. Each author presents an account of the contending views and scholarly debates animating their field of enquiry as well as setting the agenda for further study. This landmark publication will be essential reading (...)
     
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  17. Samuel Weir (2007). Kripke's Second Paragraph of Philosophical Investigations 201. Philosophical Investigations 30 (2):172–178.score: 21.0
    The received view of Kripke's Wittgenstein on Rules and Private Language is that it fails as an interpretation because, inter alia, it ignores or overlooks what Wittgenstein has to say in the second paragraph of Philosophical Investigations 201. In this paper, I demonstrate that the paragraph in question is in fact fully accommodated within Kripke's reading, and cannot therefore be reasonably utilised to object to it. -/- In part one I characterise the objection; in part two I explain why (...)
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  18. Eugen Fischer (2011). Diseases of the Understanding and the Need for Philosophical Therapy. Philosophical Investigations 34 (1):22-54.score: 21.0
    The paper develops and addresses a major challenge for therapeutic conceptions of philosophy of the sort increasingly attributed to Wittgenstein. To be substantive and relevant, such conceptions have to identify “diseases of the understanding” from which philosophers suffer, and to explain why these “diseases” need to be cured in order to resolve or overcome important philosophical problems. The paper addresses this challenge in three steps: With the help of findings and concepts from cognitive linguistics and cognitive psychology, it redevelops (...)
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  19. Adam Feltz & Edward Cokely (2012). The Philosophical Personality Argument. Philosophical Studies 161 (2):227-246.score: 21.0
    Perhaps personality traits substantially influence one’s philosophically relevant intuitions. This suggestion is not only possible, it is consistent with a growing body of empirical research: Personality traits have been shown to be systematically related to diverse intuitions concerning some fundamental philosophical debates. We argue that this fact, in conjunction with the plausible principle that almost all adequate philosophical views should take into account all available and relevant evidence, calls into question some prominent approaches to traditional philosophical projects. (...)
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  20. Jonathan Livengood, Justin Sytsma, Adam Feltz, Richard Scheines & Edouard Machery (2010). Philosophical Temperament. Philosophical Psychology 23 (3):313-330.score: 21.0
    Many philosophers have worried about what philosophy is. Often they have looked for answers by considering what it is that philosophers do. Given the diversity of topics and methods found in philosophy, however, we propose a different approach. In this article we consider the philosophical temperament, asking an alternative question: What are philosophers like? Our answer is that one important aspect of the philosophical temperament is that philosophers are especially reflective. This claim is supported by a study of (...)
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  21. Jonathan Crowe (2012). Natural Law Beyond Finnis. Jurisprudence 2 (2):293-308.score: 21.0
    The natural law tradition in ethics and jurisprudence has undergone a revival in recent years, sparked by the work of John Finnis and the 'new natural law theorists' in the early 1980s. The ensuing decades have seen the emergence of an increasingly rich body of natural law scholarship, but this diversification has gone unnoticed by many outside the field. This article seeks to clarify the relationship between the core claims of the new natural law outlook and the more specific (...)
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  22. Hamid Seyedsayamdost (forthcoming). On Gender and Philosophical Intuition: Failure of Replication and Other Negative Results. Philosophical Psychology.score: 21.0
    On gender and philosophical intuition: Failure of replication and other negative results. . ???aop.label???. doi: 10.1080/09515089.2014.893288.
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  23. Brian Leiter, In Praise of Realism (and Against 'Nonsense' Jurisprudence).score: 21.0
    Ronald Dworkin describes an approach to how courts should decide cases that he associates with Judge Richard Posner as a Chicago School of anti-theoretical, no-nonsense jurisprudence. Since Professor Dworkin takes his own view of adjudication to be diametrically opposed to that of the Chicago School, it might seem fair, then, to describe Dworkin's own theory as an instance of pro-theoretical, nonsense jurisprudence. That characterization is not one, needless to say, that Professor Dworkin welcomes. Dworkin describes his preferred approach (...)
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  24. Jeffrie G. Murphy (1990). Philosophy of Law: An Introduction to Jurisprudence. Westview Press.score: 21.0
    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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  25. Nicholas Rescher (1990). Human Interests: Reflections on Philosophical Anthropology. Stanford University Press.score: 21.0
    Philosophical anthropology is the philosophical study of the conditions of human existence and the issues that confront people in the conduct of their everyday lives. This book surveys, from a contemplative, philosophical point of view, a wide variety of human-interest issues, including happiness, luck, aging, the meaning of life, optimism and pessimism, morality, and faith and belief. The author's deliberations blend historical, theoretical, and personal perspectives into philosophical appreciation of the human condition. The philosophers of Greek (...)
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  26. Aleksandar Fatic (2013). Epicurean Ethics as a Foundation for Philosophical Counseling. Philosophical Practice 8 (1):1127–1141.score: 21.0
    The paper discusses the manner and extent to which Epicurean ethics can serve as a general philosophy of life, capable of supporting philosophical practice in the form of philosophical counseling. Unlike the modern age academic philosophy, the philosophical practice movement portrays the philosopher as a personal or corporate adviser, one who helps people make sense of their experiences and find optimum solutions within the context of their values and general preferences. Philosophical counseling may rest on almost (...)
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  27. Adam Thurschwell (2009). On Continental Philosophy in American Jurisprudence. In Francis J. Mootz & William S. Boyd (eds.), On Philosophy in American Law. Cambridge University Press. 130.score: 21.0
    This paper was written for a forthcoming Cambridge University Press anthology titled "On Philosophy in American Law" that commemorates the 75th anniversary of Karl Llewellyn's essay of the same name. Karl Llewellyn was a founder of the Legal Realist movement in American jurisprudence, and his essay is most obviously read as a brief for that movement, in which he argues that a Realist focus on underlying social needs better explains the course of American legal history than do the competing (...)
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  28. George Graham (2002). Recent Work in Philosophical Psychopathology. American Philosophical Quarterly 39 (2):109-134.score: 21.0
    Philosophical psychopathology lies at the intersection of philosophy and psychiatry. The name is new. The field is not. This paper surveys work in the field since about 1980. Special attention is given to work on two topics: mental illness semantics and the metaphysics of disorders of self-consciousness.
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  29. J. W. Scott (1920). Syndicalism and Philosophical Realism. Philosophical Review 29 (2):179-183.score: 21.0
    To anyone who is looking for light it is a pleasure to receive a criticism so acute and on the whole so fair-minded as Professor Montague has given to my little book on Syndicalism and Philosophical Realism in the last number of the Philosophical Review. I am indebted to the editor for permission to publish a few lines of reply,...
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  30. A. W. B. Simpson (2011). Reflections on the Concept of Law. Oxford University Press.score: 21.0
    The apology to the reader -- The corpus chair and oxford jurisprudence as evolved by 1952 -- The gladsome light of philosophical jurisprudence -- The elusive sources of Hart's ideas in The Concept of Law -- Cyclops, hedgehogs, and foxes -- Where Homer nodded? -- Judging a pioneer.
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  31. Mindaugas Maksimaitis (2013). The Granary of Legal Thought. Dedicated to the 20th Anniversary of “Jurisprudence”. Jurisprudence 20 (3):801-840.score: 21.0
    The article describes the history of Mykolas Romeris University periodical science journal “Jurisprudence”. The principal characteristics describing “Jurisprudence” as well as the content of the journal are discussed in the article. The “Jurisprudence” of today is a modern tribune that helps the scientists of Mykolas Romeris University and other educational institutions as well as the scientists of foreign countries to present to the society the findings of various scientific works in the sphere of research of fundamental and (...)
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  32. Saulius Arlauskas (2009). The Criterions of the Scientific Character of Jurisprudence in the Modern Legal Philosophy. Jurisprudence 118 (4):247-264.score: 21.0
    In this article the paradoxical role of legal science in legal practice is discussed. On the one hand, legal scientists do not agree on the criterions of the scientific character of legal science. On the other hand, even in the legal cases that are especially complicated it is possible to arrive at theoretically unquestionable decisions. The author of the article concludes that legal practice is based on fundamental theoretical insights; however, in legal practice these insights are used more intuitively than (...)
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  33. Rima Ažubalytė (2012). Influence of the Jurisprudence of the Constitutional Court on the Criminal Procedure. Jurisprudence 19 (3):1059-1078.score: 21.0
    The author of the paper considers the influence of the jurisprudence of the Constitutional Court as the only official entity entitled to interpret the Constitution on the criminal procedure. The paper contains the review the following three trends of impact of the constitutional jurisprudence: influence on the legislature in criminal procedure law, influence on the practice of implementation of criminal procedural law and on the science of criminal procedural law. The paper mostly relies on the works by professionals (...)
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  34. Jules L. Coleman (2007). Beyond the Separability Thesis: Moral Semantics and the Methodology of Jurisprudence. Oxford Journal of Legal Studies 27 (4):581-608.score: 21.0
    Next SectionIn emphasizing the importance of the separability thesis, legal philosophers have inadequately appreciated other philosophically important ways in which law and morality are or might be connected with one another. In this article, I argue that the separability thesis cannot shoulder the philosophical burdens that it has been asked to bear. I then turn to two issues of greater importance to jurisprudence. These are ‘the moral semantics of law’ and ‘the normativity of theory construction in jurisprudence’. (...)
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  35. Scott Hershovitz (ed.) (2006). Exploring Law's Empire: The Jurisprudence of Ronald Dworkin. Oxford University Press.score: 21.0
    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 (...)
     
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  36. Alexandre Lefebvre (2011). Law and the Ordinary: Hart, Wittgenstein, Jurisprudence. Telos 2011 (154):99-118.score: 21.0
    ExcerptIt is often observed by H. L. A. Hart, and also by his friends and interpreters, that when he accepted Oxford's Chair of Jurisprudence in 1952 his field was in a bad way. Looking back in an interview, Hart remarks that at the time British jurisprudence “had no broad principles, no broad faith; it confronted no large questions…. It focused on technical, legal problems. There were no large-scale inquiries into the philosophical dimensions of law…. There was no (...)
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  37. Brian Leiter (2011). The Demarcation Problem in Jurisprudence: A New Case for Scepticism. Oxford Journal of Legal Studies 31 (4):663-677.score: 21.0
    Legal philosophers have been preoccupied with specifying the differences between two systems of normative guidance that are omnipresent in all modern human societies: law and morality. Positivists propose a solution to this ‘Demarcation Problem’ according to which the legal validity of a norm cannot depend on its being morally valid, either in all or at least some possible legal systems. The proposed analysis purports to specify the essential and necessary features of law in virtue of which this is true. Yet, (...)
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  38. A. W. B. Simpson (ed.) (1973). Oxford Essays in Jurisprudence, Second Series. Oxford,Clarendon Press.score: 21.0
    These essays deal with central and controversial issues in jurisprudence. This volume emphasizes legal theory, and the collection will be of interest to students of and others involved with political philosophy as well as law students and philosophers.
     
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  39. Mark Fedyk (2009). Philosophical Intuitions. Studia Philosophica Estonica 2 (2):54-80.score: 18.0
    What exactly is a philosophical intuition? And what makes such an intuition reliable, when it is reliable? This paper provides a terminological framework that is able answer to the first question, and then puts the framework to work developing an answer to the second question. More specifically, the paper argues that we can distinguish between two different "evidential roles" which intuitions can occupy: under certain conditions they can provide information about the representational structure of an intuitor's concept, and under (...)
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  40. Edouard Machery (2011). Thought Experiments and Philosophical Knowledge. Metaphilosophy 42 (3):191-214.score: 18.0
    Abstract: While thought experiments play an important role in contemporary analytic philosophy, much remains unclear about thought experiments. In particular, it is still unclear whether the judgments elicited by thought experiments can provide evidence for the premises of philosophical arguments. This article argues that, if an influential and promising view about the nature of the judgments elicited by thought experiments is correct, then many thought experiments in philosophy fail to provide any evidence for the premises of philosophical arguments.
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  41. H. L. A. Hart (1983). Essays in Jurisprudence and Philosophy. Oxford University Press.score: 18.0
    This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.
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  42. John Symons (2008). Intuition and Philosophical Methodology. Axiomathes 18 (1):67-89.score: 18.0
    Intuition serves a variety of roles in contemporary philosophy. This paper provides a historical discussion of the revival of intuition in the 1970s, untangling some of the ways that intuition has been used and offering some suggestions concerning its proper place in philosophical investigation. Contrary to some interpretations of the results of experimental philosophy, it is argued that generalized skepticism with respect to intuition is unwarranted. Intuition can continue to play an important role as part of a methodologically conservative (...)
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  43. Leo Elders (1990). The Philosophical Theology of St. Thomas Aquinas. E.J. Brill.score: 18.0
    INTRODUCTION Philosophical theology is the systematic inquiry about God's existence and being. We find it in Aristotle's Metaphysics, in Cicero's De natura ...
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  44. John Austin (1954). The Province of Jurisprudence Determined and the Uses of the Study of Jurisprudence. London, Weidenfeld and Nicolson.score: 18.0
    This edition comprises the full text of Austin's The Province of Jurisprudence Determined, a classic work of moral, political, and legal philosophy, and Austin ...
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  45. Eugen Fischer (2011). How to Practise Philosophy as Therapy: Philosophical Therapy and Therapeutic Philosophy. Metaphilosophy 42 (1-2):49-82.score: 18.0
    Abstract: The notion that philosophy can be practised as a kind of therapy has become a focus of debate. This article explores how philosophy can be practised literally as a kind of therapy, in two very different ways: as philosophical therapy that addresses “real-life problems” (e.g., Sextus Empiricus) and as therapeutic philosophy that meets a need for therapy which arises in and from philosophical reflection (e.g., Wittgenstein). With the help of concepts adapted from cognitive and clinical psychology, and (...)
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  46. Xiaoli Liu (2010). Gödel's Philosophical Program and Husserl's Phenomenology. Synthese 175 (1):33 - 45.score: 18.0
    Gödel’s philosophical rationalism includes a program for “developing philosophy as an exact science.” Gödel believes that Husserl’s phenomenology is essential for the realization of this program. In this article, by analyzing Gödel’s philosophy of idealism, conceptual realism, and his concept of “abstract intuition,” based on clues from Gödel’s manuscripts, I try to investigate the reasons why Gödel is strongly interested in Husserl’s phenomenology and why his program for an exact philosophy is unfinished. One of the topics that has attracted (...)
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  47. Stephen T. Davis (2006). Christian Philosophical Theology. Oxford University Press.score: 18.0
    Christian Philosophical Theology constitutes a Christian philosopher's look at various crucial topics in Christian theology, including belief in God, the nature of God, the Trinity, christology, the resurrection of Jesus, the general resurrection, redemption, and theological method. The book is tightly argued, and amounts to a coherent explanation of and case for the Christian world view. Although written from a broadly Reformed Protestant perspective, and although the author does not avoid controversial topics, his aim is to present a `merely (...)
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  48. Eugen Fischer (2009). Philosophical Pictures and Secondary Qualities. Synthese 171 (1):77 - 110.score: 18.0
    The paper presents a novel account of nature and genesis of some philosophical problems, which vindicates a new approach to an arguably central and extensive class of such problems: The paper develops the Wittgensteinian notion of ‘philosophical pictures’ with the help of some notions adapted from metaphor research in cognitive linguistics and from work on unintentional analogical reasoning in cognitive psychology. The paper shows that adherence to such pictures systematically leads to the formulation of unwarranted claims, ill-motivated problems, (...)
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  49. Paul Muench (1993). The Analogy Between Psychoanalysis and Wittgenstein's Later Philosophical Methods. Dissertation, University of Oxfordscore: 18.0
    Wittgenstein’s analogy between psychoanalysis and his later philosophical methods is explored and developed. Historical evidence supports the claim that Wittgenstein characterized an early version of his general remarks on philosophy (§§89-133 in the Philosophical Investigations) as a sustained comparison with psychoanalysis. A non-adversarial, therapeutic interpretation is adopted towards Wittgenstein which emphasizes his focus on dissolving the metaphysical puzzlement of particular troubled individuals. A “picture” of Freudian psychoanalysis is sketched which highlights several features of Freud’s therapeutic techniques and his (...)
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  50. Eugen Fischer (2011). Philosophical Delusion and its Therapy: Outline of a Philosophical Revolution. Routledge.score: 18.0
    Philosophical Delusion and its Therapy provides new foundations and methods for the revolutionary project of philosophical therapy pioneered by Ludwig Wittgenstein. The book vindicates this currently much-discussed project by reconstructing the genesis of important philosophical problems: With the help of concepts adapted from cognitive linguistics and cognitive psychology, the book analyses how philosophical reflection is shaped by pictures and metaphors we are not aware of employing and are prone to misapply. Through innovative case-studies on the genesis (...)
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