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Benjamin Nelson [13]Benjamin L. S. Nelson [8]Benjamin N. Nelson [2]
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  1.  94
    Secret Law Revisited.Benjamin L. S. Nelson - 2019 - Ratio Juris 32 (4):473-486.
    What follows is an attempt to do some conceptual housekeeping around the notion of secret law as provided by Christopher Kutz (2013). First I consider low-salience (or merely obscure) law, suggesting that it fails to capture the legal and moral facts that are at stake in the case which Kutz used to motivate it. Then I outline a theoretical contrast between mere obscurity and secrecy, in contrast to the 'neutral' account of secrecy provided by Sissela Bok (1989). The upshot of (...)
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  2. Philosophy, Technology, and the Arts in the Early Modern Era. Translated by Salvator Attanasio. Edited by Benjamin Nelson.Paolo Rossi & Benjamin Nelson - 1970 - Harper & Row.
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  3. Irrational Intentionality.Benjamin L. S. Nelson -
    There at least three ways of thinking about rationality: instrumental, substantive, and intentional. By far, the instrumental account is most influential. This essay proposes that intentional rationality can provide substantive accounts with room to breathe, and in a way that is facially distinct from instrumental accounts. I suggest that the intentionality of a judgment is made up of what it is about and the orientation through which it is judged, while irrationality is the subversion of a strict supporting connection between (...)
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  4. On Creativity and the Unconscious.Sigmund Freud & Benjamin Nelson - 1958
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  5.  33
    The Idea of Usury.Benjamin N. Nelson - 1950 - Journal of Philosophy 47 (15):452-452.
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  6.  48
    A Solidaristic Approach to the Existence and Persistence of Social Kinds.Benjamin L. S. Nelson - manuscript
    In this paper, I outline a theory of social kinds. A general theory of social kinds has to set out at least three conditions: existence conditions, persistence conditions, and identity conditions. For the sake of expediency, I focus on the existence and persistence conditions. The paper is organized just as life: first with existence, then persistence. I argue that anti-realism is more attractive than realism as an account of the existence conditions, despite the fact that realism has been under-appreciated. Then (...)
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  7.  50
    ‘Care, Simpliciter’ and the Varieties of Empathetic Concern. [REVIEW]Benjamin L. S. Nelson - manuscript
    Nicole Hassoun’s sufficientarian theory is based on a particular conception of caring, which she calls ‘care, simpliciter’. However, ‘care, simpliciter’ is not described in any detail. This essay tries to offer a critical revision of Hassoun’s concept of care in a way that would put the MGL theory on its strongest footing. To that end, I will contrast her view with a taxonomy of care that supplements the accounts of care provided by Stephen Darwall and Lori Gruen. I then put (...)
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  8.  67
    There is No Actual Problem of Other Minds.Benjamin Nelson - manuscript
    I shall argue that you can substantially refute the most persuasive variety of solipsism by taking its most plausible version seriously, and then showing that it is not rational to hold, once one understands the nature of actualist metaphysical commitments.1 In the first section, I argue that the only viable form of solipsism involves de dicto self-reference. In the second, I argue that this position involves a claim of contingent identity, for which some actual worlds are those where solipsism is (...)
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  9.  39
    Access, Promulgation, and Propaganda.Benjamin L. S. Nelson - manuscript
    The very idea of promulgation has been given little to no treatment in the philosophy of law. In this exploratory essay, I introduce three possible theories of promulgation: the ‘no-theory theory’ (which treats promulgation as a matter of particular contexts), the ‘conveyance theory’ (which treats promulgation as a function of intellectual good faith interpreters), and ‘agonistic theory’ (which treats promulgation as indistinguishable from propaganda). I suggest that (at least) three kinds of models are consistent with the theories, and can potentially (...)
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  10.  26
    On Orient and Occident in Max Weber.Benjamin Nelson - 1976 - Social Research: An International Quarterly 43.
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  11.  46
    Finding Written Law.Benjamin L. S. Nelson - manuscript
    In this paper I argue that textualism is far less attractive as a theory of written law than some of its modern proponents think. For it is not usually sensible to expect the grammatical meaning of a provision to determine its appropriate legal meaning. Factors that are unrelated to grammar in the identification of law (e.g., legal theory, context) do too much of the work. **Draft -- acknowledgments welcome, but please do not cite.**.
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  12. Hobbes’s Third Jurisprudence: Legal Pragmatism and the Dualist Menace.Benjamin L. S. Nelson - 2020 - Canadian Journal of Law and Jurisprudence 33 (1).
    This paper explores the possibility that Hobbesian jurisprudence is best understood as a ‘third way’ in legal theory, irreducible to classical natural law or legal positivism. I sketch two potential ‘third theories’ of law -- legal pragmatism and legal dualism -- and argue that, when considered in its broadest sense, Leviathan is best viewed as an example of legal pragmatism. I consider whether this legal pragmatist interpretation can be sustained in the examination of Leviathan’s treatment of civil law, and argue (...)
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  13. Review - The Aesthetics of Design, by Jane Forsey. [REVIEW]Benjamin Nelson - 2016 - American Society for Aesthetics Graduate E-Journal 8 (2).
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  14. Der Ursprung der Moderne. Vergleichende Studien zum Zivilisationsprozess.Benjamin Nelson - 1980 - Tijdschrift Voor Filosofie 42 (2):386-387.
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  15. Note on the Notion of Civilization by Emile Durkheim and Marcel Mauss.Benjamin Nelson - 1971 - Social Research: An International Quarterly 38 (4):808-13.
     
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  16.  11
    The Depiction of Unwritten Law.Benjamin L. S. Nelson - 2016 - Dissertation, University of Waterloo
    Even though tacit legal norms are deeply important to our past, present, and future, the very idea of unwritten law has been difficult to pin down, and problematic in a range of ways. Existing discussions of the phenomenon fall short of adequacy on one of several fronts: either they have focused on describing the normative features of one kind of unwritten law, or completely conflated the study of unwritten law with natural law, or else offered examinations of unwritten social rules, (...)
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  17. Vico and Comparative Historical Civilizational Sociology.Benjamin Nelson - 1976 - Social Research: An International Quarterly 43.
     
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  18.  30
    Making Minds Like Ours.Benjamin Nelson - 2014 - The Philosophers' Magazine 64:41-45.
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  19.  34
    Note on the Notion of Civilization.Emile Durkheim, Marcel Mauss & Benjamin Nelson - forthcoming - Social Research: An International Quarterly.
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  20.  22
    Freud and the 20th Century.Benjamin Nelson - 1959 - Modern Schoolman 36 (3):230-235.
  21.  5
    A Non-Standard View of Intuitions.Benjamin Nelson - 2018 - Proceedings of the XXIII World Congress of Philosophy 22:75-80.
    In this short paper, I outline a non-standard account of what it feels like to have an intuition. According to this account, intuitive contents are ontologically ambiguous. Because intuition alone is liable to persuade us of both motivated inferences and necessary truths, it is not a reliable source of evidence. However, we would not be able to grasp the concept of necessity without intuitions. Hence, I do not think it is any good to ignore or quarantine our intuitions when forming (...)
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  22.  8
    Aspects of the Rise of Economic Individualism. [REVIEW]Benjamin N. Nelson - 1935 - Zeitschrift für Sozialforschung 4 (3):461-461.
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  23. The Point of View for My Work as an Author a Report to History, and Related Writings.Søen Kierkegaard, Walter Lowrie & Benjamin Nelson - 1962 - Harper & Row.
     
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