Results for ' critique of pragmatism'

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  1.  34
    A Critique of Pragmatism and Deliberative Democracy.Thom Brooks - 2009 - Transactions of the Charles S. Peirce Society 45 (1):50-54.
    Robert B. Talisse's A Pragmatist Philosophy of Democracy is a genuine tour de force. His aim is both to defend a particular view of pragmatism originating with the work of Charles Sanders Peirce and, at the same time, argue in favour of a new view of deliberative democracy developed from Talisse's Peircean pragmatism. The result is a stunning achievement with real persuasive power. In this article, I will focus on one worry, namely, that the picture of democracy on (...)
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  2.  26
    A critique of pragmatist ethics.Albert Weinberg - 1923 - Journal of Philosophy 20 (21):561-566.
  3. A critique of pragmatism and deliberative democracy.Thom Brooks - 2009 - Transactions of the Charles S. Peirce Society 45 (1):pp. 50-54.
    This paper offers two potential worries in Robert B. Talisse's A Pragmatist Philosophy of Democracy. The first worry is that is that the picture of democracy on offer is incomplete. While Talisse correctly argues that democracy is about more than elections, democracy is also about more than deliberation between citizens. Talisse's deliberative democracy is problematic to the degree its view of deliberation fails to account for democracy. The second worry we may have concerns the relationship between Talisse's Peircean pragmatism (...)
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  4.  26
    The Critique of Intellectuals in a Time of Pragmatist Captivity.Steve Fuller - 2003 - History of the Human Sciences 16 (4):19-38.
    The ‘critique of intellectuals’ refers to a genre of normative discourse that holds intellectuals accountable for the consequences of their ideas. A curious feature of the contemporary, especially American, variant of this genre is its focus on intellectuals who were aligned with such world-historic losers as Hitler and Stalin. Why are Cold War US intellectuals not held to a similar standard of scrutiny, even though they turn out to have been aligned with the world-historic winners? In addressing this general (...)
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  5.  10
    Grace de Laguna’s Evolutionary Critique of Pragmatism.Trevor Pearce - 2022 - Australasian Philosophical Review 6 (1):88-97.
    This commentary aims to place Grace de Laguna’s critique of pragmatism in its historical context. It examines her 1904 response to Henry Heath Bawden, her 1909 attack on John Dewey’s immediate empiricism, and her 1910 book Dogmatism and Evolution, focusing on the following question: Why did she describe her approach as an attempt to complete the pragmatists’ Darwinian revolution in logic?
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  6.  32
    Grace Andrus de Laguna’s 1909 critique of pragmatism and absolute idealism: A contextualist response to Katzav.Andreas Vrahimis - 2023 - Asian Journal of Philosophy 2 (2):1-13.
    In a move characteristic of appropriationist approaches to the history of philosophy, Katzav (Asian Journal of Philosophy 2(47):1–26, Katzav, 2023a) argues that Grace Andrus de Laguna had, already in 1909, developed what is effectively a critique of analytic philosophy (as a form of epistemically conservative philosophy). In response to Katzav’s claim, this symposium paper attempts to pay closer attention to the context of de Laguna’s paper. As Katzav also acknowledges, de Laguna was dialogically engaged with two non-analytic tendencies in (...)
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  7.  58
    A Critique of Rorty’s Conception of Pragmatism.Paul Giladi - 2015 - European Journal of Pragmatism and American Philosophy 7 (2):168-185.
    The aim of this paper is to argue that Richard Rorty’s claim that pragmatism is opposed to all varieties of metaphysics is fundamentally mistaken. After detailing pragmatist reasons for thinking Rorty’s proposal is justified, I argue that there are more compelling pragmatist reasons to think Rorty’s metaphilosophical interpretation of pragmatism is rather problematic: firstly, Rorty has a narrow understanding of ‘metaphysics’ and he does not take into account Peirce’s argument that it is impossible to eliminate metaphysical concepts from (...)
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  8. A Critique of Rorty's Conception of Pragmatism.Richard Rorty - forthcoming - European Journal of Pragmatism and American Philosophy.
    The aim of this paper is to argue that Richard Rorty’s claim that pragmatism is opposed to all varieties of metaphysics is fundamentally mistaken. After detailing pragmatist reasons for thinking Rorty’s proposal is justified, I argue that there are more compelling pragmatist reasons to think Rorty’s metaphilosophical interpretation of pragmatism is rather problematic: firstly, Rorty has a narrow understanding of ‘metaphysics’ and he does not take into account Peirce’s argument that it is impossible to eliminate metaphysical concepts from (...)
     
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  9. Constituting assertion: a pragmatist critique of Horwich’s ‘Truth’.Andrew W. Howat - 2018 - Synthese 195 (3):935-954.
    In his influential book Truth, Paul Horwich deploys a philosophical method focused on linguistic usage, that is, on the function(s) the concept of truth serves in actual discourse. In doing so Horwich eschews abstract metaphysics, arguing that metaphysical or ontological conceptions of truth rest on basic misconceptions. From this description, one might reasonably expect Horwich's book to have drawn inspiration from, or even embodied philosophical pragmatism of some kind. Unfortunately Horwich relies upon Russell's tired caricature of pragmatism about (...)
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  10.  7
    Critically Appraising Pragmatist Critiques of Evidence-Based Medicine: Is EBM Defensible on Pragmatist Grounds?S. Joshua Thomas - 2022 - Journal of Medicine and Philosophy 48 (1):73-83.
    Significant contributions to debates in the philosophy of evidence-based medicine (EBM) have come from a variety of different philosophical quarters, yet mainstream discourse in the field has been largely devoid of contributions from scholars working in the pragmatist tradition. This is a particularly conspicuous omission, given pragmatism’s commitment to the melioristic view that philosophy both can, and should, be about the business of concretely bettering the human estate. Two exceptions to this oversight come from Brian Walsh and Maya Goldenberg. (...)
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  11.  68
    A Critique of Talisse and Aikin’s “Why Pragmatists Cannot Be Pluralists”.Joshua Anderson - 2015 - The Pluralist 10 (1):107-113.
    in 2004, Robert Talisse and Scott Aikin created a bit of a firestorm when they attacked a sacred cow of contemporary pragmatism. At a meeting of the Society for the Advancement of American Philosophy, Talisse and Aikin presented a paper in which they argued that pragmatists cannot be pluralists. A number of papers then appeared in the Transactions of the Charles S. Peirce Society, responding to Talisse and Aikin. Some of the responses were quite hostile, such as the paper (...)
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  12.  10
    Humanism, Antitheodicism, and the Critique of Meaning in Pragmatist Philosophy of Religion.Sami Pihlström - 2023 - Lanham,: Lexington Books.
    Arguing, humanistically, that we live in a "human world" inescapably colored by meaning, this book shows why the pursuit of meaningfulness is not ethically innocent but must be subjected to critique. Pragmatist critique of meaning both embraces critical humanism and rejects theodicies postulating ultimate meaning in suffering.
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  13.  39
    Pragmatism, Relativism, and the Critique of Philosophy.Paul D. Forster - 1998 - Metaphilosophy 29 (1&2):58-78.
    The relativist strain in Rorty’s work should be distinguished from the Davidsonian strain. The latter may be exploited in support of Rorty’s critique of philosophy but it is at odds with his use of “solidarity” and “ethnocentrism”as explanatory concepts. Once this is recognized, there remains in Rorty’s work a consistent challenge to the search for general philosophical theories of truth, objectivity, and rationality (of which relativism itself is an example). On this reading, however, Rorty’s pragmatism is not a (...)
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  14. Revisiting Grace de Laguna’s critiques of analytic philosophy and of pragmatism.Joel Katzav - 2024 - Asian Journal of Philosophy 3 (1):1-21.
    I revisit my paper, ‘Grace de Laguna’s 1909 Critique of Analytic Philosophy’ and respond to the commentary on it. I respond to James Chase and Jack Reynolds by further analysing the difference between speculative philosophy as de Laguna conceived of it and analytic philosophy, by clarifying how her critique of analytic philosophy remains relevant to some of its more speculative forms, and by explaining what justifies the criticism of established opinion that goes along with her rejection of analytic (...)
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  15.  1
    Philosophical Critiques of Qualitative Research Methodology in Education:A Synthesis of Analytic-Pragmatist and Feminist-Poststructuralist Perspectives.Daniel C. Narey - 2014 - Philosophy of Education 70:335-343.
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  16. A Pragmatist Critique of Dogmatic Philosophy of History.Serge Grigoriev - 2017 - Poznan Studies in the Philosophy of the Sciences and the Humanities 110:95-115.
    The paper begins by introducing a heuristic distinction between the “dogmatist” and the “pragmatist” approaches to philosophy of history. Dogmatists tend to use history to exemplify and shore up their pre-existing philosophical convictions. Pragmatists, on the other hand, construe philosophy of history as a form of critical reflection on the actual historical practice, with epistemic criteria of proper practice emerging in the course of the research itself, not antecedently deduced from general philosophical considerations. The core of the paper discusses the (...)
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  17. A Chronicle of Pragmatism in France before 1907: William James in Renouvier’s Critique Philosophique.Mathias Girel - 2007 - In Sergio Franzese (ed.), Fringes of Religious Experience, Cross-Perspectives on James’s The Varieties of Religious Experience. Ontos Verlag. pp. 169-200.
    In this paper, I'm giving an account of William James's reception in the columns of Charles Renouvier's journal, La Critique philosophique. The papers explores the discussions between James and Renouvier on Free Will, Philosophical systems, Consciousness and Pluralism.
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  18.  39
    Quine’s critique of C. I. Lewis: pragmatism, psychologism, and naturalism—a response to Quine, conceptual pragmatism, and the analytic-synthetic distinction (Robert Sinclair, 2022).Carl B. Sachs - 2023 - Asian Journal of Philosophy 2 (2):1-7.
    I argue that Quine’s naturalization of Lewis’s Kantian pragmatism should be understood in terms of Lewis’s attempt to de-psychologize pragmatist epistemology. Lewis wants epistemology to be a priori in order to be distinct from psychology. Quine’s criticisms of Lewis result in a picture that weakens the distinction between epistemology and psychology. Nevertheless, Quine’s naturalized Kantian pragmatism remains far more Kantian than is widely recognized, due to what Quine retains from Lewis.
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  19. The unknowable: The pragmatist critique of matter.Glenn Tiller - 2006 - Transactions of the Charles S. Peirce Society 42 (2):206-228.
    : Santayana's materialism is often the target of attack by critics past and present that are sympathetic to pragmatism. A common theme found in the objections of Santayana's critics is that matter is "unknowable". After briefly outlining Santayana's materialism and discussing his relationship to the pragmatist movement, four formulations of the "unknowable" objection are presented: (1) Matter is unknowable because it is not given in experience, (2) Matter is unknowable because its true nature cannot be revealed in perception, (3) (...)
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  20.  33
    The Unknowable: The Pragmatist Critique of Matter.Glenn Tiller - 2006 - Transactions of the Charles S. Peirce Society 42 (2):206-228.
    Santayana's materialism is often the target of attack by critics past and present that are sympathetic to pragmatism. A common theme found in the objections of Santayana's critics is that matter is "unknowable". After briefly outlining Santayana's materialism and discussing his relationship to the pragmatist movement, four formulations of the "unknowable" objection are presented: (1) Matter is unknowable because it is not given in experience, (2) Matter is unknowable because its true nature cannot be revealed in perception, (3) Matter (...)
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  21.  45
    A Pragmatist Critique of Liberal Epistemology: Towards a Practice-Based Account of Public Reason.Roberto Frega - 2011 - Critical Horizons 12 (3):293 - 316.
    This paper tackles with the issue of the place of comprehensive beliefs within the public space. It tries to strike a middle path between the liberal ban on comprehensive beliefs and the anti-liberal claim that comprehensive beliefs should be given full pride of place in public deliberations. The article relies on arguments that are inspired by the pragmatist tradition. It starts locating the main cause of failures at articulating comprehensive beliefs and public reason in a central feature of liberal epistemology, (...)
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  22.  15
    Heidegger's Pragmatism: Understanding, Being, and the Critique of Metaphysics.Mark Okrent - 1988 - Ithaca: Cornell University Press.
    Heidegger's Pragmatism deals with the relation between Martin Heidegger's early analysis of intentionality and his eventual rejection of metaphysics. Arguing for the essentially pragmatic nature of the early Heidegger's discussion of understanding, Mark Okrent shows that Heidegger's subsequent critique of metaphysics follows directly from his long-held pragmatic understanding of intentionality. Heidegger's Pragmatism is written with a clarity that makes it accessible to analytic and continental philosophers alike. Its boldly original conclusions will engage Heidegger scholars, literary theorists, intellectual (...)
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  23.  15
    The Promise of Pragmatism: Modernism and the Crisis of Knowledge and Authority.John Patrick Diggins - 1995 - University of Chicago Press.
    For much of our century, pragmatism has enjoyed a charmed life, holding the dominant point of view in American politics, law, education, and social thought in general. After suffering a brief eclipse in the post-World War II period, pragmatism has experienced a revival, especially in literary theory and such areas as poststructuralism and deconstruction. In this critique of pragmatism and neopragmatism, one of our leading intellectual historians traces the attempts of thinkers from William James to Richard (...)
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  24.  45
    Pragmatism and Moral Critique of Religion.Ulf Zackariasson - 2010 - American Journal of Theology and Philosophy 31 (1):3 - 14.
  25.  3
    A Chronicle of Pragmatism in France Before 1907.William James in Renouvier’s Critique Philosophique.Mathias Girel - 2007 - In Sergio Franzese (ed.), Fringes of Religious Experience, Cross-Perspectives on James’s The Varieties of Religious Experience. Ontos Verlag. pp. 169-200.
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  26.  36
    Aesthetic Experience and the Unfathomable: A Pragmatist Critique of Hermeneutic Aesthetics.Mark Gilks - 2021 - British Journal of Aesthetics 61 (2):185-198.
    In his attack on the notion of immediate experience, Hans-Georg Gadamer argues that aesthetic experience should be absorbed into hermeneutics because alone it cannot account for the historical nature of experience ; predicated on an ontological theory of art, the unfathomable, therefore, is the sense we have of these infinite hermeneutic depths. I argue that this account is methodologically and existentially unacceptable: methodologically because it is overly speculative, and existentially because it betrays authentic existence. I critique Gadamer from the (...)
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  27. Pragmatism as Gunship Philosophy: José Vasconcelos’ Critique of John Dewey.Terrance MacMullan - 2015 - Inter-American Journal of Philosophy 6 (1):16-31.
    English Abstract This work expands the crucial and evolving Inter-American philosophical dialogue from its current state, which has focused on establishing commonalities between the Americas, to include conversations that intelligently and candidly address points of contention. This paper strives to constructively introduce into this dialogue a trenchant critique of one of the most influential English language philosophers of the Americas – John Dewey—made by one of the most influential Spanish language philosophers of the Americas – José Vasconcelos. In particular, (...)
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  28.  16
    A Pragmatist Critique of Liberal Epistemology: Towards a Practice-Based Account of Public Reason.Roberto Freg - 2012 - Critical Horizons 13 (3):293-316.
    This paper wrestles with the issue of the place of comprehensive beliefs within the public space. It tries to strike a middle path between the liberal ban on comprehensive beliefs and the anti-liberal claim that comprehensive beliefs should be given full pride of place in public deliberations. The article relies on arguments that are inspired by the pragmatist tradition. It starts locating the main cause of failures at articulating comprehensive beliefs and public reason in a central feature of liberal epistemology, (...)
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  29.  40
    A Pragmatist Critique of Derridian Politics.Tina Sikka - 2009 - Contemporary Pragmatism 6 (1):87-129.
    I draw on Security Council Resolution 1674 to demonstrate that the political assumptions Jacques Derrida holds in his politically-oriented texts are inconsistent with the assumptions of his linguistic texts, and that Jürgen Habermas's political theory is consistent with the political implications of his approach to language. Habermasian pragmatism offers a critical theory of society and discourse of modernity that touches on the same themes of politics and meaning as Derrida and other deconstructionists, but is more coherent, consistent, and explanatorily (...)
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  30. Discursive Intentionality as Embodied Coping: A Pragmatist Critique of Existential Phenomenology.Carl Sachs - 2017 - In Svec Ondrej & Jakub Čapek (eds.), Pragmatic Perspectives in Phenomenology. pp. 87-102.
    I use the distinction between sentience and sapience to reconstruct the debate between Hubert Dreyfus and John McDowell. I argue that Dreyfus's critique of McDowell's conceptualism relies on conflating detached contemplation with conceptual activity as such. I then argue that McDowell's conceptualism can be enriched and brought into deeper conversation with pragmatism and phenomenology if we take reasons to be a special kind of affordance. Contra Dreyfus, reasons need not disrupt affordances but do so only in specific contexts. (...)
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  31.  71
    A Pragmatist Critique of Richard Rorty's Hopeless Politics.Robert B. Talisse - 2001 - Southern Journal of Philosophy 39 (4):611-626.
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  32. Rationalist Pragmatism and the Critique of Empiricism in the Philosophy of Robert B. Brandom.Waclaw Janikowski - 2013 - Filozofia Nauki 21 (1):61 - +.
  33.  73
    The Dark Side of the Online Self: A Pragmatist Critique of the Growing Plague of Revenge Porn.Scott R. Stroud - 2014 - Journal of Mass Media Ethics 29 (3):168-183.
    This study seeks to understand and critique the growing online trend of “revenge porn,” or the intentional embarrassment of identifiable individuals through the posting of nude images online. This posting of intimate pictures, often done out of motives of revenge for perceived relational scorn, is enhanced by the varying levels of online anonymity. Using the theoretical framework of John Dewey's pragmatism, this study both analyzes this understudied but complex new problem precipitated by the conditions of the online self (...)
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  34.  16
    Heidegger's Pragmatism: Understanding, being, and the critique of metaphysics.James R. Watson - 1993 - History of European Ideas 17 (2-3):335-337.
  35.  15
    A pragmatist critique of jaina relativism.Ramakant Sinari - 1969 - Philosophy East and West 19 (1):59-64.
  36.  19
    Communication and Consciousness in the Pragmatist Critique of Representation.Edmundo Balsemão Pires - 2011 - European Journal of Pragmatism and American Philosophy 3 (1):6-20.
    The pragmatist turn in Philosophy in the late XIX century and XX century was a serious attempt to refuse the privilege of the representational elements of the conscious- ness in the production of knowledge. Such privilege has its roots in Ancient Philosophy, in some consequences of the Platonic heritage, but was toughened by Modern philosophers of empiricist or aprioristic lineages within the modern concepts of Experience and Truth. With these last concepts of Experience and Truth I’m referring to the objectivising (...)
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  37.  40
    Must ethics be theological? A critique of the new pragmatists.Richard Sherlock - 2009 - Journal of Religious Ethics 37 (4):631-649.
    In the last decade there has been a pragmatic turn in the work of those doing Christian ethics, especially as represented by the work of Jeffrey Stout and Franklin Gamwell. The pragmatic turn represents a critique of the highly influential work of Stanley Hauerwas and Alasdair MacIntyre, which argues for a strongly intra-church ethics. The pragmatists are correct in arguing that Christian ethics must engage the public sphere. However, I argue that they are deeply mistaken in their claim that (...)
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  38.  45
    Heidegger's pragmatism: understanding, being, and the critique of metaphysics.Mark Okrent - 1988 - Ithaca: Cornell University Press.
  39.  4
    Early Defenders of Pragmatism.John Elof Boodin - 2001 - Thoemmes.
    The Foundations of Pragmatism in American Thought Series offers two sets of volumes containing the most significant defenses and critiques of pragmatism written before World War I: the Early Defenders of Pragmatism and Early Critics of Pragmatism. This, the first collection, Early Defenders, provides key texts for understanding the context of pragmatism's years of greatest vitality. The early defenders were products of pragmatism's three cradles. H. Heath Bawden was a graduate of the Chicago philosophy (...)
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  40. John Dewey's Theory of Society: Pragmatism and the Critique of Instrumental Reason.Phillip Deen - 2004 - Dissertation, Southern Illinois University at Carbondale
    This dissertation sets out Dewey's theory of society, as outlined in the lecture notes for his courses on social and political philosophy between 1923 and 1928. I argue that Dewey had tripartite theory of economic processes, political/legal structures and social-moral functions that focuses on the relationship between material/technological forces and the institutions established to direct them. ;The first section presents and then refutes the charge that pragmatic social thought reduces thought to sheer efficiency and is therefore unable to resist ideology. (...)
     
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  41.  23
    Levinas’ Critique of Heidegger in Totality and Infinite.Eduardo Sabrovsky - 2011 - Ideas Y Valores 60 (145):55–68.
    The article examines the critique of Being and Time formulated by Levinas in Totality and Infinite, a critique centered on Heidegger’s omission of two fundamental forms of being in the world: enjoyment and inhabiting. This omission is symptomatic: as a critique of modernity, Being and Time internalizes and ontologizes the prevalence of the equipmentality that characterizes our era far more than scientific objectivism does. Thus, a certain type of pragmatism would constitute the keystone of Being and (...)
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  42.  15
    The varieties of Pragmatism.Douglas McDermid - 2006 - Continuum.
    In this important new book, Douglas McDermid argues persuasively for two key claims: first, that the so-called "Neo-Pragmatist" critique of traditional epistemology is thoroughly unconvincing; second, that Rorty is guilty of taking the name of Pragmatism in vain, since there are crucial and far-reaching differences between Neo-Pragmatism and the Classical Pragmatism of James and Dewey. The Varieties of Pragmatism will take its place in the forefront of the literature on this most vital part of the (...)
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  43.  19
    The Aims of Knowledge: Emile Durkheim's Critique of American Pragmatism.Dennis Rusche & Rick Tilman - 2007 - The European Legacy 12 (6):695-713.
    The lectures on American pragmatism given by the French sociologist Emile Durkheim in 1913 in Paris were first published in French in 1955 and finally translated into English and published in 1983 as Pragmatism and Sociology. For obvious reasons they have attracted considerable attention from philosophers and sociologists, especially the latter, in both continental Europe and the English speaking world. Durkheim's motives in giving the lectures have been scrutinized, his interpretations of the pragmatists widely discussed and his criticisms (...)
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  44.  22
    The Search for Certainty: A Pragmatist Critique of Society’s Focus on Biological Childbearing.Jamie Ross - 2018 - The Pluralist 13 (2):96-108.
    biological theories of emotion are often used to explain and predict human desires, particularly the desire to reproduce. I propose that these desires are largely socially constructed, but that the naturalization of desires and the normalization of biological theories sustain the pursuit of biological childbearing as a biological need. Foundational metaphysical and epistemological theories have lent both authority and urgency to the idea of a biological need to bear children, which has resulted in a diminished focus on alternative modes of (...)
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  45.  30
    On Teitelman’s Pragmatist-Marxist Critique of The Meta-Theory of Justice.Charles Wei-Hsun Fu - 1978 - Journal of Chinese Philosophy 5 (3):249-254.
  46.  80
    A critique of foundationalist conceptions of comprehensive doctrines in the religion in politics-debate.Ulf Zackariasson - 2009 - International Journal for Philosophy of Religion 65 (1):11 - 28.
    This paper comprises a critical examination of foundationalist conceptions of comprehensive doctrines in the religion in politics-debate. I argue that John Rawls, the towering figure of this debate, operates with a foundationalist conception of comprehensive doctrines that has shaped the debate’s view of relevant alternatives (often referred to as exclusivism and inclusivism). However, there are several problems with foundationalist conceptions, and the most serious is that they are empirically inadequate in relation to modern Western societies. I conclude that participants of (...)
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  47.  37
    A critique of Rawls's hermeneutics as translation.Jim Josefson & Jonathan Bach - 1997 - Philosophy and Social Criticism 23 (1):99-124.
    Syracuse University, NY, USA This paper seeks to demonstrate that hermeneutics is a powerful conceptual tool for exploring the current trend towards theorizing justice as a conversation. Specifically we explore the work of John Rawls in order to describe the particular variety of hermeneu tics at work in both 'political liberalism' and 'justice as fairness' and to critique this hermeneutics from the perspective of the ontological hermeneutics of Hans-Georg Gadamer. Using the critique of Quinean pragmatism found in (...)
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  48.  62
    Heidegger's Pragmatism: Understanding, Being, and the Critique of Metaphysics.William D. Blattner - 1991 - Philosophical Review 100 (4):713.
  49. Reconstructing the Legacy of Pragmatist Jurisprudence.Shane J. Ralston - 2012 - Pragmatism Today 3 (1):58-66.
    In Law, Pragmatism and Democracy, Richard Posner wrestles with the ghost of John Dewey for the mantle of pragmatist jurisprudence. Most commentators have seen this work as pitting Posner against Dewey in a contest of pragmatisms, the stakes for which are no less than their respective legacies for legal and democratic theory. Some have sided with Posner and others with Dewey. I contend that the commentators have misidentified the target of Posner’s critique. Posner had another legal theorist in (...)
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  50.  18
    When Pragmatism Leads to Unintended Consequences: A Critique of Australia’s Unique Closed Class Regime.Vince Morabito & Vicki Waye - 2018 - Theoretical Inquiries in Law 19 (1):303-332.
    In an effort to ensure access to justice, Australian courts have fashioned a unique hybrid opt in-opt out process known as “closed classes.” The rationale that underlies closed classes is to prevent free-riding that may undercut the position of funders and class action law firms reliant upon entering into agreements with a critical mass of class members. However, multiple closed classes also pose problems for respondents seeking the comfort of finality. To secure settlement and thus ultimately benefit participating class members, (...)
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