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Brian Flanagan [13]Brian P. Flanagan [2]
  1.  98
    The Folk Concept of Law: Law Is Intrinsically Moral.Brian Flanagan & Ivar R. Hannikainen - 2022 - Australasian Journal of Philosophy 100 (1):165-179.
    ABSTRACT Most theorists agree that our social order includes a distinctive legal dimension. A fundamental question is that of whether reference to specific legal phenomena always involves a commitment to a particular moral view. Whereas many philosophers advance the ‘positivist’ claim that any correspondence between morality and the law is just a function of political circumstance, natural law theorists insist that law is intrinsically moral. Each school claims the crucial advantage of consistency with our folk concept. Drawing on the notion (...)
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  2.  39
    Revisiting the Contribution of Literal Meaning to Legal Meaning.Brian Flanagan - 2010 - Oxford Journal of Legal Studies 30 (2):255-271.
    Many theorists take the view that literal meaning can be one of a number of factors to be weighed in reaching a legal interpretation. Still others regard literal meaning as having the potential to legally justify a particular outcome. Building on the scholarly response to HLA Hart’s famous ‘vehicles in the park’ hypothetical, this article presents a formal argument that literal meaning cannot be decisive of what’s legally correct, one which, unusually, makes no appeal to controversial theories within philosophy of (...)
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  3. Are perceptual fields quantum fields?Brian Flanagan - 2003 - Neuroquantology 3:334-364.
    I argue that our sensory fields are photon fields. The philosophical foundation here is informed by mind/brain identity theory, such as we find in Russell, Feigl, Lockwood and Chalmers. In brief, given Dyson's observation that all material things consist of quantum fields, and given an identity of mind and brain, our sensory fields are then most plausibly photon fields.
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  4.  52
    Causal Legal Semantics: A Critical Assessment.Brian Flanagan - 2013 - Journal of Moral Philosophy 10 (1):3-24.
    A provision’s legal meaning is thought by many to be a function of its literal meaning. To explain the appearance that lawyers are arguing over a provision’s legal meaning and not just over which outcome would be more prudent or morally preferable, some legal literalists claim that a provision’s literal meaning may be causally, rather than conventionally, determined. I argue, first, that the proposed explanation is inconsistent with common intuitions about legal meaning; second, that explaining legal disagreement as a function (...)
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  5.  3
    Lawful, but not Really: The Dual Character of the Concept of Law.Brian Flanagan & Guilherme de Almeida - forthcoming - Law and Philosophy:1-42.
    Disagreement on law’s relationship to morality has long been driven by disagreement about our ordinary concept. Until recently, however, there had been no systematic investigation of lay intuitions. In this paper, we advance this nascent effort. Across two studies (N = 697), our findings reveal that most people consider law to be more than a matter of political circumstance alone. Contrary to the expectations of most contemporary philosophers, morality (both substantive and procedural) emerges as a key influence on judgments of (...)
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  6. Brill Online Books and Journals.Shenbai Liao & Brian Flanagan - 2013 - Journal of Moral Philosophy 10 (1).
     
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  7.  26
    Catholicism Opening to the World and Other Confessions: Vatican Ii and its Impact.John Borelli, Drew Christiansen, Gerard Mannion, Jason Welle O. F. M., Vladimir Latinovic, John O’Malley, Agnes de Dreuzy, Charles E. Curran, Matthew A. Shadle, Patricia Madigan, Mary McClintock Fulkerson, Anne E. Patrick, Jan Nielen, Agnes M. Brazal, Paul G. Monson, Dale T. Irvin, Dagmar Heller, Anastacia Wooden, Mark D. Chapman, Dorothea Sattler, Patrick J. Hayes, Susan K. Wood, H. E. Cardinal W. Kasper & Brian Flanagan - 2018 - Springer Verlag.
    This volume explores how Catholicism began and continues to open its doors to the wider world and to other confessions in embracing ecumenism, thanks to the vision and legacy of the Second Vatican Council. It explores such themes as the twentieth century context preceding the council; parallels between Vatican II and previous councils; its distinctively pastoral character; the legacy of the council in relation to issues such as church-world dynamics, as well as to ethics, social justice, economic activity. Several chapters (...)
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  8.  29
    A Fullerian Challenge to Legal Intentionalism?Brian Flanagan - 2011 - Ratio Juris 24 (3):330-334.
  9. Catholic Discordance: Neoconservatism vs. the Field Hospital Church of Pope Francis / Church as Field Hospital: Toward an Ecclesiology of Sanctuary.Brian P. Flanagan - 2024 - Journal of Catholic Social Thought 21 (1):189-191.
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  10.  72
    Rereading the Kripkean Intuition on Reference.Brian Flanagan - 2014 - Metaphilosophy 45 (1):87-95.
    Saul Kripke's thought experiments on the reference of proper names target the theory that the properties which identify a term's referent are the subject of an implicit agreement. Recently, survey versions of the experiments have been thought to show that intuitions about reference are culturally contingent. Proposing a revisionary interpretation, this article argues, first, that Kripke's Cicero/Feynman experiment reveals that every name user knows enough to be capable of identifying the same individual as the name's most informed users. Second, the (...)
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  11.  2
    The burning armchair: can jurisprudence be advanced by experiment?Brian Flanagan - forthcoming - Jurisprudence:1-16.
    Is the field of general jurisprudence catching up – or is it simply getting distracted? Whereas legal philosophy has always featured claims about the content of the folk concept of law, it is only in the last few years that it has begun to self-consciously test those claims. Kenneth Himma’s recent review of this effort in Jurisprudence is a milestone: it reveals X-Jur as having progressed to the point of attracting broader philosophical attention, and it challenges X-Jur’s practitioners to persuade (...)
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  12.  16
    The effect of minority preferences on the white applicant: A misplaced consensus?Brian Flanagan - manuscript
    In recent years, a consensus has developed among both affirmative action's advocates and opponents that in relation to the typical white applicant, the effects of minority preferencing are minimal. In this essay, the aim is to clarify the mathematics of affirmative action's impact on majority applicants, and to flag the distinction between that question and affirmative action's opportunity cost. First, the essay establishes the level of agreement among judges and academics on the triviality of affirmative action's effect on the regular (...)
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  13.  58
    What do aggregation results really reveal about group agency?Brian Flanagan - 2018 - Philosophical Studies 175 (1):261-276.
    Discoveries about attitude aggregation have prompted the re-emergence of non-reductionism, the theory that group agency is irreducible to individual agency. This paper rejects the revival of non-reductionism and, in so doing, challenges the preference for a unified account, according to which, agency, in all its manifestations, is rational. First, I offer a clarifying reconstruction of the new argument against reductionism. Second, I show that a hitherto silent premise, namely, that an identified group intention need not be determined by member attitudes (...)
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  14. Analyticity and the Deviant Logician: Williamson’s Argument from Disagreement. [REVIEW]Brian Flanagan - 2013 - Acta Analytica 28 (3):345-352.
    One way to discredit the suggestion that a statement is true just in virtue of its meaning is to observe that its truth is the subject of genuine disagreement. By appealing to the case of the unorthodox philosopher, Timothy Williamson has recast this response as an argument foreclosing any appeal to analyticity. Reconciling Quine’s epistemological holism with his treatment of the ‘deviant logician’, I show that we may discharge the demands of charitable interpretation even while attributing trivial semantic error to (...)
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  15.  6
    Pope Francis: A Voice for Mercy, Justice, Love, and Care for the Earth; The Liminal Papacy of Pope Francis: Moving toward Global Catholicity. [REVIEW]Brian P. Flanagan - 2021 - Journal of Catholic Social Thought 18 (2):339-342.
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