Results for 'Ori Herstein'

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  1. Understanding standing: permission to deflect reasons.Ori J. Herstein - 2017 - Philosophical Studies 174 (12):3109-3132.
    Standing is a peculiar norm, allowing for deflecting that is rejecting offhand and without deliberation interventions such as directives. Directives are speech acts that aim to give directive-reasons, which are reason to do as the directive directs because of the directive. Standing norms, therefore, provide for deflecting directives regardless of validity or the normative weight of the rejected directive. The logic of the normativity of standing is, therefore, not the logic of invalidating directives or of competing with directive-reasons but of (...)
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  2. Justifying Standing to Give Reasons: Hypocrisy, Minding Your Own Business, and Knowing One's Place.Ori J. Herstein - 2020 - Philosophers' Imprint 20 (7).
    What justifies practices of “standing”? Numerous everyday practices exhibit the normativity of standing: forbidding certain interventions and permitting ignoring them. The normativity of standing is grounded in facts about the person intervening and not on the validity of her intervention. When valid, directives are reasons to do as directed. When interventions take the form of directives, standing practices may permit excluding those directives from one’s practical deliberations, regardless of their validity or normative weight. Standing practices are, therefore, puzzling – forbidding (...)
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  3. Defending the Right To Do Wrong.Ori J. Herstein - 2012 - Law and Philosophy 31 (3):343-365.
    Are there moral rights to do moral wrong? A right to do wrong is a right that others not interfere with the right-holder’s wrongdoing. It is a right against enforcement of duty, that is a right that others not interfere with one’s violation of one’s own obligations. The strongest reason for moral rights to do moral wrong is grounded in the value of personal autonomy. Having a measure of protected choice (that is a right) to do wrong is a condition (...)
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  4. Why 'Nonexistent People' Do Not Have Zero Wellbeing but No Wellbeing at All.Ori J. Herstein - 2013 - Journal of Applied Philosophy 30 (2):136-145.
    Some believe that the harm or benefit of existence is assessed by comparing a person's actual state of wellbeing with the level of wellbeing they would have had had they never existed. This approach relies on ascribing a state or level of wellbeing to ‘nonexistent people’, which seems a peculiar practice: how can we attribute wellbeing to a ‘nonexistent person'? To explain away this oddity, some have argued that because no properties of wellbeing can be attributed to ‘nonexistent people’ such (...)
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  5. The identity and (legal) rights of future generations.Ori J. Herstein - 2009 - The George Washington Law Review 77:1173.
    Exploring the peculiar nature of future generations and concluding that types of future people is the most promising object on which to project our concern for future generations the article poses two main questions: “Can future people have rights?” and, if so, “Do they in fact have any rights?” The article first explains why the non-existence of future people raises doubts whether future generations can have rights. Within the philosophical literature, the leading approach explaining how future people can, nevertheless, have (...)
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  6. Historic justice and the non-identity problem: The limitations of the subsequent-wrong solution and towards a new solution.Ori J. Herstein - 2008 - Law and Philosophy 27 (5):505 - 531.
    The "non-identity argument" has been applied to reject the validity of claims for historic justice, often generating highly unintuitive conclusions. George Sher has suggested a solution to this problem, explaining the harm to descendants of historically wronged peoples as deriving not from the historic wrongs but from the failure to provide rectification to the previous generation for harm they suffered. That generation was likewise owed rectification for harm they suffered from failure to provide rectification to the generation preceding them. In (...)
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  7. Nobody’s Perfect: Moral Responsibility in Negligence.Ori Herstein - 2019 - Canadian Journal of Law and Jurisprudence 31 (1):109-125.
    Given the unwittingness of negligence, personal responsibility for negligent conduct is puzzling. After all, how is it that one is responsible for what one did not intend to do or was unaware that one was doing? How, therefore, is one’s agency involved with one’s negligence so as to ground one’s responsibility for it? Negligence is an unwitting failure in agency to meet a standard requiring conduct that falls within one’s competency. Accordingly, negligent conduct involves agency in that negligence is a (...)
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  8. A Legal Right to Do Legal Wrong.Ori J. Herstein - 2013 - Oxford Journal of Legal Studies (1):gqt022.
    The literature, as are the intuitions of many, is sceptical as to the coherence of ‘legal rights to do legal wrong’. A right to do wrong is a right against interference with wrongdoing. A legal right to do legal wrong is, therefore, a right against legal enforcement of legal duty. It is, in other words, a right that shields the right holder’s legal wrongdoing. The sceptics notwithstanding, the category of ‘legal right to do legal wrong’ coheres with the concepts of (...)
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  9. Legal Luck.Ori Herstein - forthcoming - In Herstein Ori (ed.), Rutledge Companion to the Philosophy of Luck. Rutledge.
    Explaining the notion of legal luck and exploring its justification. Focusing on how legal luck relates to moral luck, legal causation and negligence, and to civil and criminal liability.
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  10.  16
    The Procedure of Morality.Ori Herstein & Ofer Malcai - 2024 - Journal of Ethics and Social Philosophy 27 (1).
    Does morality have a procedure? Unlike law, morality is arguably neither posited nor institutional. Thus, while morality undeniably prescribes various procedures, that morality itself has a procedure is less obvious. Indeed, the coexistence of procedural moral norms alongside substantive moral norms might seem paradoxical, given that they often yield contradictory prescriptions. After all, one may wonder, is morality not substantive all the way down? Nevertheless, the paper argues that morality has a “procedural branch” containing numerous norms that are themselves procedural. (...)
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  11. Legal luck.Ori J. Herstein - 2019 - In Ian M. Church & Robert J. Hartman (eds.), The Routledge Handbook of the Philosophy and Psychology of Luck. Routledge.
     
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  12. Historic injustice, group membership and harm to individuals: Defending claims for historic justice from the non-identity problem.Ori J. Herstein - 2009 - Harvard Journal of Racial and Ethnic Justice 25:229.
    Some claim slavery did not harm the descendants of slaves since, without slavery, its descendants would never have been born and a life worth living, even one including the subsequent harms of past slavery, is preferable to never having been born at all. This creates a classic puzzle known as the non-identity argument, applied to reject the validity of claims for historic justice based on harms to descendants of victims of historic wrongs: since descendants are never harmed by historic wrongs, (...)
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  13. Law and Authority Under the Guise of the Good, by Veronica Rodriguez-Blanco.Ori J. Herstein - 2016 - Mind 125 (500):1213-1222.
    Law and Authority Under the Guise of the Good, by Rodriguez-BlancoVeronica. Oxford : Hart Publishing, 2014. Pp. 215.
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  14. Responsibility in Negligence: Why the Duty of Care is Not a Duty “To Try”.Ori J. Herstein - 2010 - Canadian Journal of Law and Jurisprudence 23 (2):403-428.
    Even though it offers a compelling account of the responsibility-component in the negligence standard—arguably the Holy Grail of negligence theory—Professor John Gardner is mistaken in conceptualizing the duty of care in negligence as a duty to try to avert harm. My goal here is to explain why and to point to an alternative account of the responsibility component in negligence. The flaws in conceiving of the duty of care as a duty to try are: failing to comport with the legal (...)
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  15.  66
    Justifying subversion: Why Nussbaum got (the better interpretation of) Butler wrong.Ori J. Herstein - 2010 - Buffalo Journal of Gender, Law and Social Policy 18:43-73.
    Deconstructive and poststructuralist theories are commonly accused of rejecting all principles of justice and therefore “collaborating with evil.” A canonical example is Martha Nussbaum’s “The Professor of Parody” on the work of Judith Butler. The merits of Nussbaum’s argument and of the “common critique” turn on choosing between two alternative interpretations of Butler’s corpus and of poststructuralism in general. First, assumed in Nussbaum’s critique, is “universal poststructuralism.” Second is “contextual poststructuralism,” which is not susceptible to the common critique. According to (...)
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  16. A Normative Theory of the Clean Hands Defense.Ori J. Herstein - 2011 - Legal Theory 17 (3):171-208.
    What is the clean hands defense (CHD) normatively about? Courts designate court integrity as the CHD's primary norm. Yet, while the CHD may at times further court integrity, it is not fully aligned with court integrity. In addition to occasionally instrumentally furthering certain goods (e.g., court legitimacy, judge integrity, deterrence), the CHD embodies two judicially undetected norms: retribution and tu quoque (“you too!”). Tu quoque captures the moral intuition that wrongdoers are in no position to blame, condemn, or make claims (...)
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  17.  66
    Responsibility in Negligence: Discussion of 'From Normativity to Responsibility'.Ori J. Herstein - forthcoming - Jerusalem Review of Legal Studies.
    This essay explains, expands, develops, and reflects on the Razian theory of responsibility and identity, focusing primarily on responsibility for negligent actions. I begin with setting the stage for understanding the importance of Joseph Raz’s theory and what motivates it. Next, the essay lays out the theory itself, and offers some elaboration on some of the less developed features of the theory. The essay closes with two critical reflections.
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  18. Rutledge Companion to the Philosophy of Luck.Herstein Ori - forthcoming - Rutledge.
     
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  19. Naive Realism for Unconscious Perceptions.Ori Beck - 2022 - Erkenntnis 87 (3):1175-1190.
    Unconscious perceptions have recently become a focal point in the debate for and against naive realism. In this paper I defend the naive realist side. More specifically, I use an idea of Martin’s to develop a new version of naive realism—neuro-computational naive realism. I argue that neuro-computational naive realism offers a uniform treatment of both conscious and unconscious perceptions. I also argue that it accommodates the possibility of phenomenally different conscious perceptions of the same items, and that it can answer (...)
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  20. Rethinking naive realism.Ori Beck - 2019 - Philosophical Studies 176 (3):607-633.
    Perceptions are externally-directed—they present us with a mind-independent reality, and thus contribute to our abilities to think about this reality, and to know what is objectively the case. But perceptions are also internally-dependent—their phenomenologies depend on the neuro-computational properties of the subject. A good theory of perception must account for both these facts. But naive realism has been criticized for failing to accommodate internal-dependence. This paper evaluates and responds to this criticism. It first argues that a certain version of naive (...)
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  21. Two Conceptions of Phenomenology.Ori Beck - 2019 - Philosophers' Imprint 19:1-17.
    The phenomenal particularity thesis says that if a mind-independent particular is consciously perceived in a given perception, that particular is among the constituents of the perception’s phenomenology. Martin, Campbell, Gomes and French and others defend this thesis. Against them are Mehta, Montague, Schellenberg and others, who have produced strong arguments that the phenomenal particularity thesis is false. Unfortunately, neither side has persuaded the other, and it seems that the debate between them is now at an impasse. This paper aims to (...)
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  22. The direct argument is a prima facie threat to compatibilism.Ori Beck - 2020 - Synthese 199 (1-2):1791-1817.
    In the early 1980’s van Inwagen presented the Direct Argument for the incompatibility of determinism with moral responsibility. In the course of the ensuing debate, Fischer, McKenna and Loewenstein have replied, each in their own way, that versions of the Direct Argument do not pose even a prima facie threat to compatibilism. Their grounds were that versions of the Direct Argument all use the “Transfer NR” inference rule in a dialectically problematic way. I rebut these replies here. By so doing, (...)
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  23. Discussion of Susanna Siegel's “Can perceptual experiences be rational?”.Ori Beck, Mazviita Chirimuuta, T. Raja Rosenhagen, Susanna Siegel, Declan Smithies & Alison Springle - 2018 - Analytic Philosophy 59 (1):175-190.
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  24. Newton's scientific method and the universal law of gravitation.Ori Belkind - 2012 - In Andrew Janiak & Eric Schliesser (eds.), Interpreting Newton: Critical Essays. Cambridge University Press. pp. 138--168.
     
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  25. Leibniz and Newton on Space.Ori Belkind - 2013 - Foundations of Science 18 (3):467-497.
    This paper reexamines the historical debate between Leibniz and Newton on the nature of space. According to the traditional reading, Leibniz (in his correspondence with Clarke) produced metaphysical arguments (relying on the Principle of Sufficient Reason and the Principle of Identity of Indiscernibles) in favor of a relational account of space. Newton, according to the traditional account, refuted the metaphysical arguments with the help of an empirical argument based on the bucket experiment. The paper claims that Leibniz’s and Newton’s arguments (...)
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  26. Newton’s Conceptual Argument for Absolute Space.Ori Belkind - 2007 - International Studies in the Philosophy of Science 21 (3):271 – 293.
    While many take Newton's argument for absolute space to be an inference to the best explanation, some argue that Newton is primarily concerned with the proper definition of true motion, rather than with independent existence of spatial points. To an extent the latter interpretation is correct. However, all prior interpretations are mistaken in thinking that 'absolute motion' is defined as motion with respect to absolute space. Newton is also using this notion to refer to the quantity of motion (momentum). This (...)
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  27.  19
    On Newtonian Induction.Ori Belkind - 2017 - Philosophy of Science 84 (4):677-697.
    This article examines Newton’s method of induction and its connection to methodological atomism. The article argues that Newton’s Rule III for the Study of Natural Philosophy is a criterion for isolating the primary qualities of the atomic parts; in other words, it interprets Rule III as a transductive inference. It is shown that both the standard inductive and invariance interpretations of Rule III can be subsumed under the transductive view, although the invariance criterion is reinterpreted; by qualities “that cannot be (...)
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  28.  18
    The Frog Test: A Tool for Measuring Humor Theories' Validity and Humor Preferences.Ori Amir - 2016 - Frontiers in Human Neuroscience 10.
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  29.  9
    Border Disputes: Religious Adjudication Along the Private/public Divide.Ori Aronson - 2021 - The Law and Ethics of Human Rights 15 (2):287-312.
    The article uses Israel’s volatile jurisdictional dynamics of the past two decades concerning access to religious community justice, as a telling case for examining the way legal pluralism is deployed along the public–private divide. The Israeli case exhibits a complex combination of an ostensibly liberal democratic regime, a commitment to a particularistic ethno-national political project, structural entanglements of state and religion against the backdrop of an unsettled constitutional order, and an historically diffuse mode of often-illiberal normative ordering within its diverse (...)
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  30.  29
    Conventionalism in Early Analytic Philosophy and the Principle of Relativity.Ori Belkind - 2020 - Erkenntnis 87 (2):827-852.
    In this paper I argue that the positivist–conventionalist interpretation of the Restricted Principle of Relativity is flawed, due to the positivists’ own understanding of conventions and their origins. I claim in the paper that, to understand the conventionalist thesis, one has to diambiguate between three types of convention; the linguistic conventions stemming from the fundamental role of mathematical axioms, the conventions stemming from the coordination betweeh theoretical statements and physical, observable facts or entities, and conventions that are made possible by (...)
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  31.  16
    Conventionalism in Early Analytic Philosophy and the Principle of Relativity.Ori Belkind - 2020 - Erkenntnis 87 (2):827-852.
    In this paper I argue that the positivist–conventionalist interpretation of the Restricted Principle of Relativity is flawed, due to the positivists’ own understanding of conventions and their origins. I claim in the paper that, to understand the conventionalist thesis, one has to diambiguate between three types of convention; the linguistic conventions stemming from the fundamental role of mathematical axioms (conceptual conventions), the conventions stemming from the coordination betweeh theoretical statements and physical, observable facts or entities (coordinative definitions), and conventions that (...)
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  32.  42
    The problem with appealing to history in defining neural representations.Ori Hacohen - 2022 - European Journal for Philosophy of Science 12 (3):1-17.
    Representations seem to play a major role in many neuroscientific explanations. Philosophers have long attempted to properly define what it means for a neural state to be a representation of a specific content. Teleosemantic theories of content which characterize representations, in part, by appealing to a historical notion of function, are often regarded as our best path towards an account of neural representations. This paper points to the anti-representationalist consequences of these accounts. I argue that assuming such teleosemantic views will (...)
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  33. Semantics, Metasemantics, Aboutness.Ori Simchen - 2017 - Oxford: Oxford University Press.
    Metasemantics is the metaphysics of semantic endowment: it asks how expressions become endowed with their semantic significance. Assuming that semantics is of the usual truth-conditional sort, metasemantics asks after the determinants of expressions’ distinctive contributions to truth-conditions. There are two widely divergent general approaches to the metasemantic project. Some theories – “productivist” ones such as causal theories or intention-based theories – emphasize conditions of production or employment of the items semantically endowed. Other metasemantic theories – “interpretationist” ones – emphasize conditions (...)
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  34.  33
    What Are Neural Representations? A Cummins Functions Approach.Ori Hacohen - 2022 - Philosophy of Science 89 (4):701-720.
    This paper introduces the Cummins Functions Approach to neural representations, which aims to capture the notion of representation that is relevant to contemporary neuroscientific practice. CFA shares the common view that “to be a representation of X” amounts to “having the function of tracking X,” but maintains that the relevant notion of function is defined by Robert Cummins’s account. Thus, CFA offers a notion of neural representation that is dependent on explanatory context. I argue that CFA can account for the (...)
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  35. Discussion of James Pryor's “The Merits of Incoherence”.Ori Beck, Anil Gupta, Adrian Haddock, James Pryor & Declan Smithies - 2018 - Analytic Philosophy 59 (1):142-148.
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  36.  32
    Reliance on small samples, the wavy recency effect, and similarity-based learning.Ori Plonsky, Kinneret Teodorescu & Ido Erev - 2015 - Psychological Review 122 (4):621-647.
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  37.  40
    Leibniz - A Freedom Libertarian.Ori Beck - 2015 - Studia Leibnitiana 47 (1):67-85.
    Leibniz's views about human freedom are much debated today. While traditionalists hold that Leibniz was a compatibilist about freedom, some commentators are now suggesting that Leibniz can be read as an incompatibilist. This exciting new reading is often based on Leibniz's "Necessary and Contingent Truths" (AVI, 4 B, 1514-1524; henceforth: NCT). This paper shall argue that NCT supports not only an understanding of Leibniz as a freedom incompatibilist, but more radically, as embracing a particularly intriguing kind of libertarianism. On this (...)
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  38. Is probabilistic evidence a source of knowledge?Ori Friedman & John Turri - 2015 - Cognitive Science 39 (5):1062-1080.
    We report a series of experiments examining whether people ascribe knowledge for true beliefs based on probabilistic evidence. Participants were less likely to ascribe knowledge for beliefs based on probabilistic evidence than for beliefs based on perceptual evidence or testimony providing causal information. Denial of knowledge for beliefs based on probabilistic evidence did not arise because participants viewed such beliefs as unjustified, nor because such beliefs leave open the possibility of error. These findings rule out traditional philosophical accounts for why (...)
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  39.  59
    Analysis of Beliefs Acquired from a Conversational AI: Instruments-based Beliefs, Testimony-based Beliefs, and Technology-based Beliefs.Ori Freiman - forthcoming - Episteme:1-17.
    Speaking with conversational AIs, technologies whose interfaces enable human-like interaction based on natural language, has become a common phenomenon. During these interactions, people form their beliefs due to the say-so of conversational AIs. In this paper, I consider, and then reject, the concepts of testimony-based beliefs and instrument-based beliefs as suitable for analysis of beliefs acquired from these technologies. I argue that the concept of instrument-based beliefs acknowledges the non-human agency of the source of the belief. However, the analysis focuses (...)
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  40. Instrumentalism About Structured Propositions.Ori Simchen - 2022 - In Chris Tillman & Adam Murray (eds.), The Routledge Handbook of Propositions. Routledge. pp. 90-99.
    Theories deploy various theoretical representations of their explananda and one question we can ask about those representations is whether to regard them under a realist attitude, i.e. as revealing the nature of what they represent, or whether to regard them under an instrumentalist attitude instead, i.e. as serving particular explanatory ends without the further revelatory aspect. I consider structured propositions as theoretical representations within a particular explanatory setting -- the metaphysics of what is said -- and argue that a realist (...)
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  41. Can Artificial Entities Assert?Ori Freiman & Boaz Miller - 2018 - In Sanford C. Goldberg (ed.), The Oxford Handbook of Assertion. Oxford University Press. pp. 415-436.
    There is an existing debate regarding the view that technological instruments, devices, or machines can assert ‎or testify. A standard view in epistemology is that only humans can testify. However, the notion of quasi-‎testimony acknowledges that technological devices can assert or testify under some conditions, without ‎denying that humans and machines are not the same. Indeed, there are four relevant differences between ‎humans and instruments. First, unlike humans, machine assertion is not imaginative or playful. Second, ‎machine assertion is prescripted and (...)
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  42.  9
    On the Possibility of and Justification for a Philosophical Interpretation of Kabbalah: The Scholem-Gordin Correspondence.Ori Werdiger - 2020 - Naharaim 14 (2):297-312.
    This article introduces and discusses a short correspondence that took place in November 1931 between Gershom Scholem and Jacob Gordin. Gordin was a Russian-Jewish philosopher of religion, an expert on Hermann Cohen, and a founding figure of the postwar Paris School of Jewish Thought. The initial motivation for the correspondence was Scholem’s wish to produce a critical edition of the 17th century kabbalistic work, Shaar Hashamayim by Abraham Cohen Herrera, for which he asked for Gordin’s help. A close reading of (...)
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  43.  14
    Making It Count: Extracting Real World Data from Compassionate Use and Expanded Access Programs.Ori Rozenberg & Dov Greenbaum - 2020 - American Journal of Bioethics 20 (7):89-92.
    Volume 20, Issue 7, July 2020, Page 89-92.
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  44. Necessary Intentionality: A Study in the Metaphysics of Aboutness.Ori Simchen - 2012 - Oxford, GB: Oxford University Press.
    This book argues that words and thoughts are typically about whatever they are about necessarily rather than contingently. The argument proceeds by articulating a requisite modal background and then bringing this background to bear on cognitive matters, notably the intentionality of cognitive episodes and states. The modal picture that emerges from the first two chapters is a strongly particularist one whereby possibilities reduce to possibilities for particular things (or pluralities thereof) where the latter are determined by the natures of the (...)
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  45.  49
    The Quantum of Explanation: Whitehead’s Radical Empiricism.Randall E. Auxier & Gary L. Herstein - 2017 - New York: Routledge.
    _The Quantum of Explanation_ advances a bold new theory of how explanation ought to be understood in philosophical and cosmological inquiries. Using a complete interpretation of Alfred North Whitehead’s philosophical and mathematical writings and an interpretive structure that is essentially new, Auxier and Herstein argue that Whitehead has never been properly understood, nor has the depth and breadth of his contribution to the human search for knowledge been assimilated by his successors. This important book effectively applies Whitehead’s philosophy to (...)
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  46.  23
    Enhancing the Capacity for Moral Agency.Ori Lev - 2012 - American Journal of Bioethics Neuroscience 3 (4):20-22.
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  47.  16
    Facebook Rules: Structures of Governance in Digital Capitalism and the Control of Generalized Social Capital.Ori Schwarz - 2019 - Theory, Culture and Society 36 (4):117-141.
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  48.  11
    Fight Against Corruption: A Christian Medieval Historical Period Approach.Elijah King’ori - 2021 - European Journal of Philosophy Culture and Religion 5 (1):38-57.
    Purpose: This paper aims at identifying how the Medieval Christian history provides insights, and suggests solutions in regard to present corruption-related social problems in in the modern world. The study is expected to show that the Church is a human organization that is dynamic rather than static, a community that does not have immunity over other forces operating on earth such as corruption. Methodology: Key data was acquired from literature materials dealing with the history of Christianity during the Middle Ages (...)
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    The conceptual underpinnings of pretense: Pretending is not 'behaving-as-if.'.Ori Friedman & Alan M. Leslie - 2007 - Cognition 105 (1):103-124.
    The ability to engage in and recognize pretend play begins around 18 months. A major challenge for theories of pretense is explaining how children are able to engage in pretense, and how they are able to recognize pretense in others. According to one major account, the metarepresentational theory, young children possess both production and recognition abilities because they possess the mental state concept, PRETEND. According to a more recent rival account, the Behavioral theory, young children are behaviorists about pretense, and (...)
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  50.  54
    Determining who owns what: Do children infer ownership from first possession?Ori Friedman & Karen R. Neary - 2008 - Cognition 107 (3):829-849.
    A basic problem of daily life is determining who owns what. One way that people may solve this problem is by relying on a ‘first possession’ heuristic, according to which the first person who possesses an object is its owner, even if others subsequently possess the object. We investigated preschoolers’ use of this heuristic in five experiments. In Experiments 1 and 2, 3- and 4-year-olds inferred that an object was owned by the character who possessed it first, even though another (...)
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