Results for 'Levy Ken'

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  1. Commentary on Szmukler: Mental Illness, Dangerousness, and Involuntary Civil Commitment.Ken Levy & Alex Cohen - 2016 - In Daniel D. Moseley Gary J. Gala (ed.), Philosophy and Psychiatry: Problems, Intersections, and New Perspectives. Routledge. pp. 147-160.
    Prof. Cohen and I answer six questions: (1) Why do we lock people up? (2) How can involuntary civil commitment be reconciled with people's constitutional right to liberty? (3) Why don't we treat homicide as a public health threat? (4) What is the difference between legal and medical approaches to mental illness? (5) Why is mental illness required for involuntary commitment? (6) Where are we in our efforts to understand the causes of mental illness?
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  2.  83
    Criminal Responsibility.Ken M. Levy - 2019 - In Robert D. Morgan (ed.), SAGE Encyclopedia of Criminal Psychology. Thousand Oaks, California, USA: Sage Publishing. pp. 269-272.
    This invited entry offers a brief overview of criminal responsibility. -/- The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification. -/- The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both concepts were considered to (...)
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  3.  47
    Normative Ignorance: A Critical Connection Between the Insanity and Mistake of Law Defenses.Ken Levy - forthcoming - Florida State University Law Review 47.
    This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison three (...)
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  4. Does Situationism Excuse? The Implications of Situationism for Moral Responsibility and Criminal Responsibility.Ken Levy - 2015 - Arkansas Law Review 68:731-787.
    In this Article, I will argue that a person may be deserving of criminal punishment even in certain situations where she is not necessarily morally responsible for her criminal act. What these situations share in common are two things: the psychological factors that motivate the individual’s behavior are environmentally determined and her crime is serious, making her less eligible for sympathy and therefore less likely to be acquitted. -/- To get to this conclusion, I will proceed in four steps. In (...)
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  5. Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject to Criminal Punishment And to Preventive Detention.Ken Levy - 2011 - San Diego Law Review 48:1299-1395.
    I argue for two propositions. First, contrary to the common wisdom, we may justly punish individuals who are not morally responsible for their crimes. Psychopaths – individuals who lack the capacity to feel sympathy – help to prove this point. Scholars are increasingly arguing that psychopaths are not morally responsible for their behavior because they suffer from a neurological disorder that makes it impossible for them to understand, and therefore be motivated by, moral reasons. These same scholars then infer from (...)
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  6. Baumann on the Monty Hall Problem and Single-Case Probabilities.Ken Levy - 2007 - Synthese 158 (1):139-151.
    Peter Baumann uses the Monty Hall game to demonstrate that probabilities cannot be meaningfully applied to individual games. Baumann draws from this first conclusion a second: in a single game, it is not necessarily rational to switch from the door that I have initially chosen to the door that Monty Hall did not open. After challenging Baumann's particular arguments for these conclusions, I argue that there is a deeper problem with his position: it rests on the false assumption that what (...)
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  7. The Solution to the Real Blackmail Paradox: The Common Link Between Blackmail and Other Criminal Threats.Ken Levy - 2007 - Connecticut Law Review 39:1051-1096.
    Disclosure of true but reputation-damaging information is generally legal. But threats to disclose true but reputation-damaging information unless payment is made are generally criminal. Many scholars think that this situation is paradoxical because it seems to involve illegality mysteriously arising out of legality, a criminal act mysteriously arising out of an independently legal threat to disclose conjoined with an independently legal demand for money. -/- But this formulation is not quite right. The real paradox raised by the different legal statuses (...)
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  8. Why Retributivism Needs Consequentialism: The Rightful Place of Revenge in the Criminal Justice System.Ken Levy - 2014 - Rutgers Law Review 66:629-684.
    Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he didn’t? (...)
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  9. Why the Late Justice Scalia Was Wrong: The Fallacies of Constitutional Textualism.Ken Levy - 2017 - Lewis and Clark Law Review 21 (1):45-96.
    My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...)
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  10. Insanity Defenses.Walter Sinnott-Armstrong & Ken Levy - 2011 - In John Deigh & David Dolinko (eds.), The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press. pp. 299--334.
    We explicate and evaluate arguments both for and against the insanity defense itself, different versions of the insanity defense (M'Naghten, Model Penal Code, and Durham (or Product)), the Irresistible Impulse rule, and various reform proposals.
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  11. Is Descartes a Temporal Atomist?Ken Levy - 2005 - British Journal for the History of Philosophy 13 (4):627 – 674.
    I argue that Descartes' Second Causal Proof of God in the Third Meditation evidences, and commits him to, the belief that time is "strongly discontinuous" -- that is, that there is actually a gap between each consecutive moment of time. Much of my article attempts to reconcile this interpretation, the "received view," with Descartes' statements about time, space, and matter in his other writings, including his correspondence with various philosophers.
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  12. Blocking Blockage.Ken Levy - 2016 - Philosophia 44 (2):565-583.
    The Blockage Argument is designed to improve upon Harry Frankfurt’s famous argument against the Principle of Alternative Possibilities by removing the counterfactual intervener altogether. If the argument worked, then it would prove in a way that Frankfurt’s argument does not that moral responsibility does not require any alternative possibilities whatsoever, not even the weakest “flicker of freedom”. -/- Some philosophers have rejected the Blockage Argument solely on the basis of their intuition that the inability to do otherwise is incompatible with (...)
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  13. The Solution to the Surprise Exam Paradox.Ken Levy - 2009 - Southern Journal of Philosophy 47 (2):131-158.
    The Surprise Exam Paradox continues to perplex and torment despite the many solutions that have been offered. This paper proposes to end the intrigue once and for all by refuting one of the central pillars of the Surprise Exam Paradox, the 'No Friday Argument,' which concludes that an exam given on the last day of the testing period cannot be a surprise. This refutation consists of three arguments, all of which are borrowed from the literature: the 'Unprojectible Announcement Argument,' the (...)
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  14. On the Rationalist Solution to Gregory Kavka's Toxin Puzzle.Ken Levy - 2009 - Pacific Philosophical Quarterly 90 (2):267-289.
    Gregory Kavka's 'Toxin Puzzle' suggests that I cannot intend to perform a counter-preferential action A even if I have a strong self-interested reason to form this intention. The 'Rationalist Solution,' however, suggests that I can form this intention. For even though it is counter-preferential, A-ing is actually rational given that the intention behind it is rational. Two arguments are offered for this proposition that the rationality of the intention to A transfers to A-ing itself: the 'Self-Promise Argument' and David Gauthier's (...)
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  15. Killing, Letting Die, and the Case for Mildly Punishing Bad Samaritanism.Ken Levy - 2010 - Georgia Law Review 44:607-695.
    For over a century now, American scholars (among others) have been debating the merits of “bad Samaritan” laws — laws punishing people for failing to attempt easy and safe rescues. Unfortunately, the opponents of bad Samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states have passed bad Samaritan laws, and these laws impose only the most minimal punishment — either sub-$500 fines or short-term imprisonment. -/- This Article argues that every state should criminalize (...)
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  16. It's Not Too Difficult: A Plea to Resurrect the Impossibility Defense.Ken Levy - 2014 - New Mexico Law Revview 45:225-274.
    Suppose you are at the gym trying to see some naked beauties by peeping through a hole in the wall. A policeman happens by, he asks you what you are doing, and you honestly tell him. He then arrests you for voyeurism. Are you guilty? We don’t know yet because there is one more fact to be considered: while you honestly thought that a locker room was on the other side of the wall, it was actually a squash court. Are (...)
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  17. The Solution to the Problem of Outcome Luck: Why Harm Is Just as Punishable as the Wrongful Action That Causes It.Ken Levy - 2005 - Law and Philosophy 24 (3):263-303.
    A surprisingly large number of scholars believe that (a) we are blameworthy, and therefore punishable, only for what we have control over; (b) we have control only over our actions and intentions, not the consequences of our actions; and therefore (c) if two agents perform the very same action (e.g., attempting to kill) with the very same intentions, then they are equally blameworthy and deserving of equal punishment – even if only one of them succeeds in killing. This paper argues (...)
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  18. Why It Is Sometimes Fair to Blame Agents for Unavoidable Actions and Omissions.Ken Levy - 2005 - American Philosophical Quarterly 42 (2):93 - 104.
    It is generally thought that ought implies can. If this maxim is correct, then my inability to do otherwise entails that I cannot be blamed for failing to do otherwise. In this article, however, I use Harry Frankfurt’s famous argument against the "Principle of Alternative Possibilities" (PAP) to show that the maxim is actually false, that I can be blamed for failing to do otherwise even in situations where I could not have done otherwise. In these situations, I do not (...)
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  19.  90
    Trying to Make Sense of Criminal Attempts. [REVIEW]Ken Levy - 2016 - Jurisprudence 7 (3):656-664.
    Issues include attempts generally; the problem of outcome luck; the impossibility defense; physical movement and intent; and reckless attempts, attempted rape, and attempted theft. In the final section, I offer a hypothetical that challenges Prof. Donnelly-Lazarov's theory.
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  20. Gonzales V. Oregon and Physician-Assisted Suicide: Ethical and Policy Issues.Ken Levy - 2007 - Tulsa Law Review 42:699-729.
    The euthanasia literature typically discusses the difference between “active” and “passive” means of ending a patient’s life. Physician-assisted suicide differs from both active and passive forms of euthanasia insofar as the physician does not administer the means of suicide to the patient. Instead, she merely prescribes and dispenses them to the patient and lets the patient “do the rest” – if and when the patient chooses. One supposed advantage of this process is that it maximizes the patient’s autonomy with respect (...)
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  21. Hume, the New Hume, and Causal Connections.Ken Levy - 2000 - Hume Studies 26 (1):41-75.
    In this article, I weigh in on the debate between "Humeans" and "New Humeans" concerning David Hume's stance on the existence of causal connections in "the objects." According to New Humeans, Hume believes in causal connections; according to Humeans, he does not. -/- My argument against New Humeans is that it is too difficult to reconcile Hume's repeated claims that causal connections are inconceivable with any belief that they these inconceivable somethings still exist. Specifically, Hume either assumes or does not (...)
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  22.  8
    Blocking Blockage.Ken Levy - 2016 - Philosophia 44 (2):565-582.
    The Blockage Argument is designed to improve upon Harry Frankfurt’s famous argument against the Principle of Alternative Possibilities by removing the counterfactual intervener altogether. If the argument worked, then it would prove in a way that Frankfurt’s argument does not that moral responsibility does not require any alternative possibilities whatsoever, not even the weakest “flicker of freedom”. Some philosophers have rejected the Blockage Argument solely on the basis of their intuition that the inability to do otherwise is incompatible with moral (...)
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  23.  7
    Erratum To: Blocking Blockage.Ken Levy - 2016 - Philosophia 44 (2):583-583.
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  24. Free Will, Responsibility, and Crime: An Introduction.Ken M. Levy - forthcoming - New York, USA: Routledge.
     
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  25. The Main Problem with Usc Libertarianism.Levy Ken - 2001 - Philosophical Studies 105 (2):107-127.
    Libertarians like Robert Kane believe that indeterminism is necessary for free will. They think this in part because they hold both that my being the ultimate cause of at least part of myself is necessary for free will and that indeterminism is necessary for this "ultimate self-causation". But seductive and intuitive as this "USC Libertarianism" may sound, it is untenable. In the end, no metaphysically coherent conception of ultimate self-causation is available. So the basic intuition motivating the USC Libertarian is (...)
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  26. We're All Folk: An Interview with Neil Levy About Experimental Philosophy and Conceptual Analysis.Neil Levy & Yasuko Kitano - 2011 - Annals of the Japan Association for Philosophy of Science 19:87-98.
    The following is a transcript of the interview I (Yasuko Kitano) conducted with Neil Levy (The Centre for Applied Philosophy and Public Ethics, CAPPE) on the 23rd in July 2009, while he was in Tokyo to give a series of lectures on neuroethics at The University of Tokyo Center for Philosophy. I edited his words for publication with his approval.
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  27.  99
    The Coherence of Two-Level Utilitarianism: Hare Vs. Williams: Sanford S. Levy.Sanford S. Levy - 1994 - Utilitas 6 (2):301-309.
  28.  33
    The Impossibility of a Complete Methodological Individualist: Reduction When Knowledge Is Imperfect: David M. Levy.David M. Levy - 1985 - Economics and Philosophy 1 (1):101-108.
    F. A. Hayek is uniquely responsible for his fellow economists grasping the importance of the decentralization of knowledge: as Hayek shows in his pathbreaking “The Use of Knowledge in Society,” knowledge nowhere exists as a coherent whole and to pretend otherwise is a most serious error. Hayek also shares responsibility for the popularity of a strong form of the methodological individualist research program which asserts that since collectives as such have no impact on the choices of individuals, investigators ought to (...)
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  29.  20
    My Husband, Bob Levy.Nerys Levy - 2005 - Ethos: Journal of the Society for Psychological Anthropology 33 (4):433-434.
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  30.  22
    Observations de M. Paul Lévy sur la lettre de M. Dieudonné.Paul Lévy - 1968 - Revue de Métaphysique et de Morale 73 (2):250 - 251.
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  31.  21
    My Husband, Bob Levy.Nerys Levy - 2005 - Ethos: Journal of the Society for Psychological Anthropology 33 (4):433-434.
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  32. Foundations of Set Theory [by] Abraham A. Fraenkel, Yehoshua Bar-Hillel [and] Azriel Levy. With the Collaboration of Dirk van Dalen. --. [REVIEW]Abraham Adolf Fraenkel, Yehoshua Bar-Hillel & Azriel Lévy - 1973 - North-Holland Pub. Co.
     
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  33.  21
    L'histoire des Nombres Amiables: Le Témoignage des Textes Hébreux Médiévaux: TONY LÉVY.Tony Lévy - 1996 - Arabic Sciences and Philosophy 6 (1):63-87.
    This article analyzes new material on the history of the amicable numbers. It discusses Hebrew texts which throw new light on the diffusion in Medieval Europe of Ṯābit ibn Qurra's work. We find Ṯābit's theorem on amicable numbers in a Hebrew translation, made in Saragossa in 1395, of an arithmetical commentary written by Abū al-Ṣalt al-Andalusī, and also in an original Hebrew text probably written by the Jewish Provençal scholar Qalonymos ben Qalonymos. These texts lend strong support to the surmise (...)
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  34.  8
    Ethnography, Comparison, and Changing Times.Robert I. Levy - 2005 - Ethos: Journal of the Society for Psychological Anthropology 33 (4):435-458.
  35. Single-Case Probabilities and the Case of Monty Hall: Levy’s View.Peter Baumann - 2008 - Synthese 162 (2):265-273.
    In Baumann (American Philosophical Quarterly 42: 71–79, 2005) I argued that reflections on a variation of the Monty Hall problem throws a very general skeptical light on the idea of single-case probabilities. Levy (Synthese, forthcoming, 2007) puts forward some interesting objections which I answer here.
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  36. Hard Luck: How Luck Undermines Free Will and Moral Responsibility.Neil Levy - 2011 - Oxford University Press UK.
    The concept of luck has played an important role in debates concerning free will and moral responsibility, yet participants in these debates have relied upon an intuitive notion of what luck is. Neil Levy develops an account of luck, which is then applied to the free will debate. He argues that the standard luck objection succeeds against common accounts of libertarian free will, but that it is possible to amend libertarian accounts so that they are no more vulnerable to (...)
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  37.  77
    Consciousness and Moral Responsibility.Neil Levy - 2014 - Oxford University Press.
    Neil Levy presents a new theory of freedom and responsibility. He defends a particular account of consciousness--the global workspace view--and argues that consciousness plays an especially important role in action. There are good reasons to think that the naïve assumption, that consciousness is needed for moral responsibility, is in fact true.
  38.  6
    Post Hoc Analysis Decisions Drive the Reported Reading Time Effects in Hackl, Koster-Hale & Varvoutis.Edward Gibson, Steven T. Piantadosi & Roger Levy - 2017 - Journal of Semantics 34 (3):539-546.
    Hackl, Koster-Hale & Varvoutis provide data that suggest that in a null context, antecedent-contained deletion relative clause structures modifying a quantified object noun phrase are easier to process than those modifying a definite object NP. HKV argue that this pattern of results supports a quantifier-raising analysis of both ACD structures and quantified NPs in object position: under the account they advocate, both ACD resolution and quantified NPs in object position require movement of the object NP to a higher syntactic position. (...)
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  39.  79
    The Social: A Missing Term in the Debate Over Addiction and Voluntary Control.Neil Levy - 2007 - American Journal of Bioethics 7 (1):35 – 36.
    The author comments on the article “The Neurobiology of Addiction: Implications for Voluntary Control of Behavior,‘ by S. E. Hyman. Hyman’s article suggests that addicted individuals have impairments in cognitive control of behavior. The author agrees with Hyman’s view that addiction weakens the addict’s ability to align his actions with his judgments. The author states that neuroethics may focus on brains and highlight key aspects of behavior but we still risk missing explanatory elements. Accession Number: 24077912; Authors: Levy, Neil (...)
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  40. Self-Determination, Non-Domination, and Federalism.Jacob T. Levy - 2008 - Hypatia 23 (3):pp. 60-78.
    This article summarizes the theory of federalism as non-domination Iris Marion Young began to develop in her final years, a theory of self-government that tried to recognize interconnectedness. Levy also poses an objection to that theory: non-domination cannot do the work Young needed of it, because it is a theory about the merits of decisions not about jurisdiction over them. The article concludes with an attempt to give Young the last word.
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  41. Sartre: The Philosopher of the Twentieth Century.Bernard-Henri Levy - 2003 - Polity.
    'A whole man, made of all men, worth all of them, and any one of them worth him.' This was how Jean-Paul Sartre characterized himself at the end of his autobiographical study, Words. And Bernard-Henri Levy shows how Sartre cannot be understood without taking into account his relations with the intellectual forebears and contemporaries, the lovers and friends, with whom he conducted a lifelong debate. His thinking was essentially a tumultuous dialogue with his whole age and himself. He learned (...)
     
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  42.  79
    Freud Among the Philosophers: The Psychoanalytic Unconscious and its Philosophical Critics.Donald Levy - 1996 - Yale University Press.
    In this highly original book, Donald Levy considers the most important and persuasive of these philosophical criticisms, as articulated by four figures: Ludwig Wittgenstein, William James, Alasdair MacIntyre, and Adolf Grunbaum.
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  43.  30
    La journée du 8 mars 1965 à Alger.Catherine Levy - 1997 - Clio: A Journal of Literature, History, and the Philosophy of History 1:11-11.
    Ce témoignage écrit est le récit d'un 8 mars, très particulier, dans un pays aujourd'hui déchiré par la guerre civile, l'Algérie. Catherine Lévy a enseigné de 1962 à 1965 en tant que « pied-rouge » : on désignait ainsi les Français et les Françaises qui sont partis en Algérie après l'indépendance pour aider à la construction de l'Algérie nouvelle. Professeur au Collège Ben Cheneb à Alger, elle était militante à l'UGTA de Bab-El-Oued et a participé à la manifestation qu'elle décrit (...)
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  44.  7
    To Export Progress: The Golden Age of University Assistance in the Americas.Daniel C. Levy - 2005 - Indiana University Press.
    "An immensely valuable and detailed analysis of foreign, mainly American, assistance to Latin American higher education, To Export Progress provides an understanding of the 'what' and the 'why' of foreign aid to a key sector. This book will be a classic in its field." —Philip G. Altbach, Monan Professor of Higher Education, Boston College "Professor Daniel C. Levy, a leading authority in the field of higher education and the nonprofit sector in Latin America, once again has opened an otherwise (...)
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  45.  39
    The Nature of Man According to the Vedanta.John Levy - 1970 - Sentient Publications.
    You will find this book to be one of the finest expositions of non-dualist philosophy, John Levy--an English mystic, teacher, and artist--uses Advaita's...
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  46. Wily Elites and Spirited Peoples in Machiavelli’s Republicanism.David N. Levy - 2014 - Lexington Books.
    In this book, author David N. Levy uses Machiavelli’s conflict between the elite and the people as the lens through which to understand the other major features of his republicanism. Through analyzing his Discourses on Livy, Levy shows that Machiavelli’s principles can provide support for, and constructive criticism of, modern liberal democracy.
     
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  47. Wily Elites and Spirited Peoples in Machiavelli’s Republicanism.David N. Levy - 2014 - Lexington Books.
    In this book, author David N. Levy uses Machiavelli’s conflict between the elite and the people as the lens through which to understand the other major features of his republicanism. Through analyzing his Discourses on Livy, Levy shows that Machiavelli’s principles can provide support for, and constructive criticism of, modern liberal democracy.
     
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  48. The Responsibility of the Psychopath Revisited.Neil Levy - 2007 - Philosophy, Psychiatry, and Psychology 14 (2):pp. 129-138.
    The question of the psychopath's responsibility for his or her wrongdoing has received considerable attention. Much of this attention has been directed toward whether psychopaths are a counterexample to motivational internalism (MI): Do they possess normal moral beliefs, which fail to motivate them? In this paper, I argue that this is a question that remains conceptually and empirically intractable, and that we ought to settle the psychopath's responsibility in some other way. I argue that recent empirical work on the moral (...)
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  49. Amputees by Choice: Body Integrity Identity Disorder and the Ethics of Amputation.Tim Bayne & Neil Levy - 2005 - Journal of Applied Philosophy 22 (1):75–86.
    In 1997, a Scottish surgeon by the name of Robert Smith was approached by a man with an unusual request: he wanted his apparently healthy lower left leg amputated. Although details about the case are sketchy, the would-be amputee appears to have desired the amputation on the grounds that his left foot wasn’t part of him – it felt alien. After consultation with psychiatrists, Smith performed the amputation. Two and a half years later, the patient reported that his life had (...)
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  50. Information in Biology: A Fictionalist Account.Arnon Levy - 2011 - Noûs 45 (4):640-657.
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