Results for 'Jacob Weinrib'

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  1. Dimensions of Dignity: The Theory and Practice of Modern Constitutional Law.Jacob Weinrib - 2016 - Cambridge University Press.
    In an age of constitutional revolutions and reforms, theory and practice are moving in opposite directions. As a matter of constitutional practice, human dignity has emerged in jurisdictions around the world as the organizing idea of a groundbreaking paradigm. By reconfiguring constitutional norms, institutional structures and legal doctrines, this paradigm transforms human dignity from a mere moral claim into a legal norm that persons have standing to vindicate. As a matter of constitutional theory, however, human dignity remains an enigmatic idea. (...)
     
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  2.  20
    The Principles of Constitutional Reform.Jacob Weinrib - 2019 - Kantian Review 24 (4):631-651.
    In legal orders around the world, commitments to democracy, liberalism and constitutionalism are increasingly eroding. Although political and constitutional theorists often lament this trend, they invariably adopt frameworks that are indifferent to these commitments. My aims in this article are both critical and constructive. As a critical matter, I will expose the indifference of the leading political and constitutional theories to the emergence, maintenance and refinement of liberal democratic constitutional orders. As a constructive matter, I will draw on Immanuel Kant’s (...)
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  3.  62
    Kant on Citizenship and Universal Independence.Jacob Weinrib - 2008 - Australian Journal of Legal Philosophy 33.
    Kant's political philosophy draws a distinction between 'passive' citizens who are merely protected by the law and 'active' citizens who may also contribute to it. Although the distinction between passive and active citizens is often dismissed by scholars as an 'illiberal and undemocratic' relic of eighteenth century prejudice, the distinction is found in every democracy that distinguishes between mere inhabitants -- such as tourists and guestworkers -- and enfranchised citizens. The purpose of this essay is both interpretive and suggestive. First, (...)
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  4.  48
    Permissive Laws and the Dynamism of Kantian Justice.Jacob Weinrib - 2014 - Law and Philosophy 33 (1):105-136.
    If Kant’s theory of justice is known for one thing, it is for offering a vision of a perfectly just society that is utterly disconnected from the imperfect societies that we occupy. The purity of Kant’s account has attracted criticism from those who claim that if a theory of justice is to be practical, it must offer more than a vision of a perfectly just society. It must also explain how existing societies mired in injustice are to be brought into (...)
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  5.  9
    When Trumps Clash: Dworkin and the Doctrine of Proportionality.Jacob Weinrib - 2017 - Ratio Juris 30 (3):341-352.
    If there is one point on which defenders and critics of the doctrine of proportionality agree, it is that Dworkin's rights as trumps model stands as a radical alternative to the doctrine. Those who are sympathetic to proportionality reject the rights as trumps model for failing to acknowledge that there are conditions under which a right may be justifiably infringed. In turn, those who regard rights as trumps reject the doctrine of proportionality for failing to take rights seriously. This paper (...)
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  6.  54
    The Juridical Significance of Kant's 'Supposed Right to Lie'.Jacob Weinrib - 2008 - Kantian Review 13 (1):141-170.
    In his ‘On a Supposed Right to Lie from Philanthropy’ Kant makes the astonishing claim that one is not entitled to lie even to save a friend from a murderer. This claim has been an embarrassment for Kant's defenders and an indication of Kant's excessive rigour for his detractors. Responses to SRL fall into three main groups. The first of these groups, that of Kant's critics, claim that SRL demonstrates that Kant's ethical views are so rigorous that they become abhorrent (...)
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  7.  28
    What can Kant Teach Us about Legal Classification?Jacob Weinrib - 2010 - Canadian Journal of Law and Jurisprudence 23 (1):203-232.
    In Dimensions of Private Law, Professor Stephen Waddams describes the obstacles that an adequate classification of private law must overcome. The purpose of this essay is to offer a theoretical account of legal classification that explains how these obstacles can be overcome and what the resulting classification of private law might look like. I begin with the catalogue of obstacles that Waddams presents and argue that, because they are rooted in misconceptions about the classificatory project, they pose no threat to (...)
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  8.  7
    Dignity’s constitution: a reply.Jacob Weinrib - 2020 - Jurisprudence 11 (2):298-308.
    I am deeply grateful to Nicole Roughan for overseeing this symposium and to Alon Harel, Stephen Riley, Julian Sempill, Alec Stone Sweet, and Ionna Tourkochoriti for their insightful engagements wit...
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    Human dignity and constitutional justice.Alec Stone Sweet - 2020 - Jurisprudence 11 (2):280-288.
    Jacob Weinrib's Dimensions of Dignity 1 [DD] joins a small but growing literature committed to the reconstruction, as applied theory, of foundational concepts such as justice, authority, and the ru...
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  10.  17
    Rethinking the principle of authority.Alon Harel - 2020 - Jurisprudence 11 (2):243-247.
    In his admirable book Dimensions of Dignity, 1 Jacob Weinrib develops a comprehensive dignity-based theory of public law. Weinrib's ‘unified theory’ of public law rests on dignity; dignity, under h...
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  11.  7
    Human dignity, authority and justice.Ioanna Tourkochoriti - 2020 - Jurisprudence 11 (2):289-297.
    How can state authority be legitimised in reference to the idea of human dignity? Jacob Weinrib offers a response to this question in his book Dimensions of Dignity. 1 The book uses elements of soc...
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  12. A Higher Dimension of Consciousness: Constructing an empirically falsifiable panpsychist model of consciousness.Jacob Jolij - manuscript
    Panpsychism is a solution to the mind-body problem that presumes that consciousness is a fundamental aspect of reality instead of a product or consequence of physical processes (i.e., brain activity). Panpsychism is an elegant solution to the mind-body problem: it effectively rids itself of the explanatory gap materialist theories of consciousness suffer from. However, many theorists and experimentalists doubt panpsychism can ever be successful as a scientific theory, as it cannot be empirically verified or falsified. In this paper, I present (...)
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  13. Descartes on certainty in deduction.Jacob Zellmer - 2024 - Studies in History and Philosophy of Science 105 (C):158-164.
    This article examines how deduction preserves certainty and how much certainty it can preserve according to Descartes’s Rules for the Direction of the Mind. I argue that the certainty of a deduction is a matter of four conditions for Descartes. First, certainty depends on whether the conjunction of simple propositions is composed with necessity or contingency. Second, a deduction approaches the certainty of an intuition depending on how many “acts of conceiving” it requires and—third—the complexity or difficulty of the acts (...)
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  14. Moral Occasionalism.David Killoren & Jacob Sparks - 2024 - In Russ Shafer-Landau (ed.), Oxford Studies in Metaethics: Volume 19. Oxford University Press.
    This chapter develops Moral Occasionalism, according to which moral facts are grounded in certain natural facts, which are called sub-moral grounds, and these sub-moral grounds influence us in such a way as to induce largely correct moral beliefs. Moral Occasionalism is designed to explain the correlation of moral beliefs with the moral facts—and to do so in a way that is consistent with non-interactionist views, according to which moral facts neither influence nor are influenced by moral beliefs. It is argued (...)
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  15.  7
    Life's irreducible structure: Where are we, five decades later?Jacob Joseph - 2021 - Bioessays 43 (1):2000250.
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  16.  7
    Kierkegaard and Socrates: A Study in Philosophy and Faith.Jacob Howland - 2006 - New York: Cambridge University Press.
    This volume is a study of the relationship between philosophy and faith in Søren Kierkegaard's Philosophical Fragments. It is also the first book to examine the role of Socrates in this body of writings, illuminating the significance of Socrates for Kierkegaard's thought. Jacob Howland argues that in the Fragments, philosophy and faith are closely related passions. A careful examination of the role of Socrates demonstrates that Socratic, philosophical eros opens up a path to faith. At the same time, the (...)
  17. Totalism without Repugnance.Jacob M. Nebel - 2022 - In Jeff McMahan, Timothy Campbell, Ketan Ramakrishnan & Jimmy Goodrich (eds.), Ethics and Existence: The Legacy of Derek Parfit. New York, NY: Oxford University Press. pp. 200-231.
    Totalism is the view that one distribution of well-being is better than another just in case the one contains a greater sum of well-being than the other. Many philosophers, following Parfit, reject totalism on the grounds that it entails the repugnant conclusion: that, for any number of excellent lives, there is some number of lives that are barely worth living whose existence would be better. This paper develops a theory of welfare aggregation—the lexical-threshold view—that allows totalism to avoid the repugnant (...)
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  18. Is meta-analysis the platinum standard of evidence?Jacob Stegenga - 2011 - Studies in History and Philosophy of Science Part C: Studies in History and Philosophy of Biological and Biomedical Sciences 42 (4):497-507.
    An astonishing volume and diversity of evidence is available for many hypotheses in the biomedical and social sciences. Some of this evidence—usually from randomized controlled trials (RCTs)—is amalgamated by meta-analysis. Despite the ongoing debate regarding whether or not RCTs are the ‘gold-standard’ of evidence, it is usually meta-analysis which is considered the best source of evidence: meta-analysis is thought by many to be the platinum standard of evidence. However, I argue that meta-analysis falls far short of that standard. Different meta-analyses (...)
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  19. Evolution and tinkering.F. Jacob - 2014 - In Francisco José Ayala & John C. Avise (eds.), Essential readings in evolutionary biology. Baltimore: The Johns Hopkins University Press.
     
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  20. Hopes, Fears, and Other Grammatical Scarecrows.Jacob M. Nebel - 2019 - Philosophical Review 128 (1):63-105.
    The standard view of "believes" and other propositional attitude verbs is that such verbs express relations between agents and propositions. A sentence of the form “S believes that p” is true just in case S stands in the belief-relation to the proposition that p; this proposition is the referent of the complement clause "that p." On this view, we would expect the clausal complements of propositional attitude verbs to be freely intersubstitutable with their corresponding proposition descriptions—e.g., "the proposition that p"—as (...)
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  21. Population Pluralism and Natural Selection.Jacob Stegenga - 2016 - British Journal for the Philosophy of Science 67 (1):1-29.
    I defend a radical interpretation of biological populations—what I call population pluralism—which holds that there are many ways that a particular grouping of individuals can be related such that the grouping satisfies the conditions necessary for those individuals to evolve together. More constraining accounts of biological populations face empirical counter-examples and conceptual difficulties. One of the most intuitive and frequently employed conditions, causal connectivity—itself beset with numerous difficulties—is best construed by considering the relevant causal relations as ‘thick’ causal concepts. I (...)
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  22.  3
    What Minds Can Do: Intentionality in a Non-Intentional World.Pierre Jacob - 1997 - New York: Cambridge University Press.
    Some of a person's mental states have the power to represent real and imagined states of affairs: they have semantic properties. What Minds Can Do has two goals: to find a naturalistic or non-semantic basis for the representational powers of a person's mind, and to show that these semantic properties are involved in the causal explanation of the person's behaviour. In the process, this 1997 book addresses issues that are central to much contemporary philosophical debate. It will be of interest (...)
  23.  36
    Perceptual noise and the bell curve objection.Jacob Beck & William Languedoc - 2023 - Analysis 83 (3):429-436.
    Perceptual experience supports the assignment of confidences in belief – doxastic confidences. To explain this fact, many philosophers appeal to Perceptual Indeterminacy, which holds that perceptual content can be more or less determinate. Others instead appeal to Perceptual Confidence, which says that perceptual experience supports doxastic confidences because it assigns confidences too. Morrison argues that a primary reason to favour Perceptual Confidence is that it is uniquely capable of accounting for bell-shaped doxastic confidence distributions; we call this the bell curve (...)
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  24. Rank-Weighted Utilitarianism and the Veil of Ignorance.Jacob M. Nebel - 2020 - Ethics 131 (1):87-106.
    Lara Buchak argues for a version of rank-weighted utilitarianism that assigns greater weight to the interests of the worse off. She argues that our distributive principles should be derived from the preferences of rational individuals behind a veil of ignorance, who ought to be risk averse. I argue that Buchak’s appeal to the veil of ignorance leads to a particular way of extending rank-weighted utilitarianism to the evaluation of uncertain prospects. This method recommends choices that violate the unanimous preferences of (...)
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  25.  14
    Further Insights on Fake-Barn Cases and Intuition Variation.Carsten Bergenholtz, Jacob Busch & Sara Kier Praëm - 2021 - Episteme:1-18.
    Studies in experimental philosophy claim to document intuition variation. Some studies focus on demographic group-variation; Colaçoet al., for example, claim that age generates intuition variation regarding knowledge attribution in a fake-barn scenario. Other studies claim to show intuition variation when comparing the intuition of philosophers to that of non-philosophers. The main focus has been on documenting intuition variation rather than uncovering what underlying factor(s) may prompt such a phenomenon. We explore a number of suggested explanatory hypotheses put forth by Colaçoet (...)
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  26. Down with the Hierarchies.Jacob Stegenga - 2014 - Topoi 33 (2):313-322.
    Evidence hierarchies are widely used to assess evidence in systematic reviews of medical studies. I give several arguments against the use of evidence hierarchies. The problems with evidence hierarchies are numerous, and include methodological shortcomings, philosophical problems, and formal constraints. I argue that medical science should not employ evidence hierarchies, including even the latest and most-sophisticated of such hierarchies.
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  27.  8
    Tracking in Pursuit of Knowledge.Jacob Wawatie & Stephanie Pyne - 2010-09-24 - In Fritz Allhoff & Nathan Kowalsky (eds.), Hunting Philosophy for Everyone. Wiley‐Blackwell. pp. 93–106.
    This chapter contains sections titled: Context: Hunting from an Anishinabe Perspective Teachings on Hunting Hunting and Awareness Notes.
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  28.  24
    What Do False-Belief Tests Show?Pierre Jacob - 2020 - Review of Philosophy and Psychology 11 (1):1-20.
    In a paper published in Psychological Review, Tyler Burge has offered a unified non-mentalistic account of a wide range of social cognitive developmental findings. His proposal is that far from attributing mental states, young children attribute to humans the same kind of internal generic states of sensory registration that biologists attribute to e.g. snails and ticks. Burge’s proposal deserves close attention: it is especially challenging because it departs from both the mentalistic and all the non-mentalistic accounts of the data so (...)
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  29.  3
    The Boundaries of Human Nature: The Philosophical Animal from Plato to Haraway.Jacob Wirshba - 2023 - Journal of Animal Ethics 13 (1):95-96.
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  30. Theory Choice and Social Choice: Okasha versus Sen.Jacob Stegenga - 2015 - Mind 124 (493):263-277.
    A platitude that took hold with Kuhn is that there can be several equally good ways of balancing theoretical virtues for theory choice. Okasha recently modelled theory choice using technical apparatus from the domain of social choice: famously, Arrow showed that no method of social choice can jointly satisfy four desiderata, and each of the desiderata in social choice has an analogue in theory choice. Okasha suggested that one can avoid the Arrow analogue for theory choice by employing a strategy (...)
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  31. Priority, Not Equality, for Possible People.Jacob M. Nebel - 2017 - Ethics 127 (4):896-911.
    How should we choose between uncertain prospects in which different possible people might exist at different levels of wellbeing? Alex Voorhoeve and Marc Fleurbaey offer an egalitarian answer to this question. I give some reasons to reject their answer and then sketch an alternative, which I call person-affecting prioritarianism.
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  32.  1
    Buchanan og Kochs konspirationer.Jacob Jensen - 2018 - Slagmark - Tidsskrift for Idéhistorie 76.
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  33.  2
    Den moderne økonomis grundlægger.Jacob Jensen - 2021 - Slagmark - Tidsskrift for Idéhistorie 77.
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  34. Theology of Election—Israel and the Church.Jacób Jocz - 1958
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  35. Zayn un tsuzamenzayn: pruv fun an etik: (eseyen).Jacob Kahan - 1968 - Tel-Aviv: Farlag "ha-Menorah".
     
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  36.  3
    Psychology and Logic.Jacob Robert Kantor - 1945 - Bloomington, IN, USA: University of Akron Press.
    Two basic theses underlie this work. The first, the specificity theorem, signifies that logic is essentially concerned with specific events and not with universal and transcendent systems. The second, the interbehavioral theorem, implies that no matter how logic is defined, it entails a psychological dimension that must be taken into account.
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  37. Durand and Suarez on divine causation.Jacob Tuttle - 2021 - In Gregory E. Ganssle (ed.), Philosophical Essays on Divine Causation. New York, NY: Routledge.
     
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  38.  18
    Population Pluralism and Natural Selection.Jacob Stegenga - 2014 - British Journal for the Philosophy of Science (1):axu003.
    I defend a radical interpretation of biological populations—what I call population pluralism—which holds that there are many ways that a particular grouping of individuals can be related such that the grouping satisfies the conditions necessary for those individuals to evolve together. More constraining accounts of biological populations face empirical counter-examples and conceptual difficulties. One of the most intuitive and frequently employed conditions, causal connectivity—itself beset with numerous difficulties—is best construed by considering the relevant causal relations as ‘thick’ causal concepts. I (...)
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  39. Asymmetries in the Value of Existence.Jacob M. Nebel - 2019 - Philosophical Perspectives 33 (1):126-145.
    According to asymmetric comparativism, it is worse for a person to exist with a miserable life than not to exist, but it is not better for a person to exist with a happy life than not to exist. My aim in this paper is to explain how asymmetric comparativism could possibly be true. My account of asymmetric comparativism begins with a different asymmetry, regarding the (dis)value of early death. I offer an account of this early death asymmetry, appealing to the (...)
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  40. Aristotle's Actual Infinities.Jacob Rosen - 2021 - Oxford Studies in Ancient Philosophy 59.
    Aristotle is said to have held that any kind of actual infinity is impossible. I argue that he was a finitist (or "potentialist") about _magnitude_, but not about _plurality_. He did not deny that there are, or can be, infinitely many things in actuality. If this is right, then it has implications for Aristotle's views about the metaphysics of parts and points.
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  41. An impossibility theorem for amalgamating evidence.Jacob Stegenga - 2013 - Synthese 190 (12):2391-2411.
    Amalgamating evidence of different kinds for the same hypothesis into an overall confirmation is analogous, I argue, to amalgamating individuals’ preferences into a group preference. The latter faces well-known impossibility theorems, most famously “Arrow’s Theorem”. Once the analogy between amalgamating evidence and amalgamating preferences is tight, it is obvious that amalgamating evidence might face a theorem similar to Arrow’s. I prove that this is so, and end by discussing the plausibility of the axioms required for the theorem.
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  42. Teleological Notions in Biology.Colin Allen & Jacob P. Neal - 2020 - Stanford Encyclopedia of Philosophy.
    The manifest appearance of function and purpose in living systems is responsible for the prevalence of apparently teleological explanations of organismic structure and behavior in biology. Although the attribution of function and purpose to living systems is an ancient practice, teleological notions are largely considered ineliminable from modern biological sciences, such as evolutionary biology, genetics, medicine, ethology, and psychiatry, because they play an important explanatory role. Historical and recent examples of teleological claims include the following: The chief function of the (...)
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  43. What Minds Can Do. Intentionality in a Non-Intentional World.Pierre Jacob - 1997 - Tijdschrift Voor Filosofie 59 (2):379-379.
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  44.  25
    Handle with Care: The WHO Report on Human Genome Editing.I. Glenn Cohen, Jacob S. Sherkow & Eli Y. Adashi - 2022 - Hastings Center Report 52 (2):10-14.
    Hastings Center Report, Volume 52, Issue 2, Page 10-14, March‐April 2022.
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  45.  17
    Transcendental Philosophy and Intersubjectivity: Mutual Recognition as a Condition for the Possibility of Self‐Consciousness in Sections 1–3 of Fichte's Foundations of Natural Right.Jacob McNulty - 2016 - European Journal of Philosophy 24 (4):788-810.
    In the opening sections of his Foundations of Natural Right, Fichte argues that mutual recognition is a condition for the possibility of self-consciousness. However, the argument turns on the apparently unconvincing claim that, in the context of transcendental philosophy, conceptions of the subject as an isolated individual give rise to a vicious circle the resolution of which requires the introduction of a second rational being to ‘summon’ the first. In this essay, my aim is to present a revised account of (...)
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  46.  30
    Contra politanism.Jacob T. Levy - 2020 - European Journal of Political Theory 19 (2):162-183.
    This article diagnoses and critiques pervasive forms of teleological thought about basic structures of political organization in modern and contemporary political thought: arguments that the sovereign state, the nation-state, or some variant of a cosmopolis both represents the unfolding of history’s moral logic and offers us full moral personhood, agency, and maturity. Despite the received wisdom that modern political thought broke with teleology, I argue that early modern social contract theory was deeply teleological. The emergence of the normatively self-contained sovereign (...)
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  47. Herding QATs: Quality Assessment Tools for Evidence in Medicine.Jacob Stegenga - 2015 - In Huneman, Silberstein & Lambert (eds.), Herding QATs: Quality Assessment Tools for Evidence in Medicine. pp. 193-211.
    Medical scientists employ ‘quality assessment tools’ (QATs) to measure the quality of evidence from clinical studies, especially randomized controlled trials (RCTs). These tools are designed to take into account various methodological details of clinical studies, including randomization, blinding, and other features of studies deemed relevant to minimizing bias and error. There are now dozens available. The various QATs on offer differ widely from each other, and second-order empirical studies show that QATs have low inter-rater reliability and low inter-tool reliability. This (...)
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  48.  55
    Probabilizing the end.Jacob Stegenga - 2013 - Philosophical Studies 165 (1):95-112.
    Reasons transmit. If one has a reason to attain an end, then one has a reason to effect means for that end: reasons are transmitted from end to means. I argue that the likelihood ratio (LR) is a compelling measure of reason transmission from ends to means. The LR measure is superior to other measures, can be used to construct a condition specifying precisely when reasons transmit, and satisfies intuitions regarding end-means reason transmission in a broad array of cases.
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  49.  85
    “Population” Is Not a Natural Kind of Kinds.Jacob Stegenga - 2010 - Biological Theory 5 (2):154-160.
    Millstein (2009) argues against conceptual pluralism with respect to the definition of “population,” and proposes her own definition of the term. I challenge both Millstein's negative arguments against conceptual pluralism and her positive proposal for a singular definition of population. The concept of population, I argue, does not refer to a natural kind; populations are constructs of biologists variably defined by contexts of inquiry.
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  50.  10
    Is mindreading a gadget?Pierre Jacob & Thom Scott-Phillips - 2020 - Synthese 199 (1-2):1-27.
    Non-cognitive gadgets are fancy tools shaped to meet specific, local needs. Cecilia Heyes defines cognitive gadgets as dedicated psychological mechanisms created through social interactions and culturally, not genetically, inherited by humans. She has boldly proposed that many human cognitive mechanisms are gadgets. If true, these claims would have far-reaching implications for our scientific understanding of human social cognition. Here we assess Heyes’s cognitive gadget approach as it applies to mindreading. We do not think that the evidence supports Heyes’s thought-provoking thesis (...)
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