Results for 'Review by: Kenneth M. Ehrenberg'

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  1.  14
    Review: Gardner John, Law as a Leap of Faith. [REVIEW]Review by: Kenneth M. Ehrenberg - 2014 - Ethics 124 (4):899-905,.
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  2.  59
    The ideal and non-ideal in behavior guidance: Reflections on law and Buddhism in conversation with the Dalai Lama.Kenneth M. Ehrenberg - 2007 - Buffalo Law Review 55:675-679.
    Highlighting the distinct approaches to behavior guidance employed by law and aspirational religious institutions like Buddhism, focusing on the work of Lon Fuller. There is importance to both baseline or duty-centered rules such as found primarily in criminal law and deontic morality, as well as aspirational guidance principles that are found in religious law, virtue ethics, and sometimes seen in civil law. However, the specific assumptions and aims of these two modes of guidance must be harmonized to be effective.
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  3. Intentions in Artifactual Understandings of Law.Kenneth M. Ehrenberg - 2022 - In Luka Burazin, Kenneth Einar Himma, Corrado Roversi & Paweł Banaś (eds.), The Artifactual Nature of Law. Cheltenham: Edward Elgar. pp. 16-36.
    The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...)
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  4. An Artefactual Theory of Precedent.Kenneth M. Ehrenberg - 2023 - In Timothy Endicott, Hafsteinn Dan Kristjánsson & Sebastian Lewis (eds.), Philosophical Foundations of Precedent. Oxford University Press. pp. 268-280. Translated by Timothy Endicott, Hafsteinn Dan Kristjánsson & Sebastian Lewis.
    This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...)
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  5. Medical Complicity and the Legitimacy of Practical Authority.Kenneth M. Ehrenberg - 2020 - Ethics, Medicine and Public Health 12.
    If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative authority to (...)
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  6. Law’s Artifactual Nature: How Legal Institutions Generate Normativity.Kenneth M. Ehrenberg - 2015 - In George Pavlakos & Veronica Rodriguez-Blanco (eds.), Reasons and Intentions in Law and Practical Agency. Cambridge University Press. pp. 247-266.
    I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.
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  7. Defending the possibility of a neutral functional theory of law.Kenneth M. Ehrenberg - 2008 - Oxford Journal of Legal Studies 29 (1):91.
    I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...)
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  8. Law's Authority is not a Claim to Preemption.Kenneth M. Ehrenberg - 2013 - In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical foundations of the nature of law. Oxford, United Kingdom: Oxford University Press. pp. 51.
    Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law to claim both to pre-empt (...)
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  9. Procedural Justice and Information in Conflict-Resolving Institutions.Kenneth M. Ehrenberg - 2003 - Albany Law Review 67:167-209.
    Notions of procedural justice alone are sufficient to support evidentiary exclusions in a wide variety of legal and law-like institutions that focus on conflict resolution, including courts. Special attention is paid to the relevance and need for exclusion of parties’ own assessments of the value of their claims.
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  10. Pattern Languages & Institutional Facts: Functions & Coherence in Law.Kenneth M. Ehrenberg - 2013 - In Michal Araszkiewicz & Jaromír Šavelka (eds.), Coherence: Insights from Philosophy, Jurisprudence and Artificial Intelligence. Springer. pp. 155-166.
    Under John Searle’s theory of institutional facts, the law can be understood both as an institution governed by foundational documents and practices, and as a method for creating new institutions through the codification of the assignment of functions, usually of the form ‘X counts as Y in circumstances C’. The architect Christopher Alexander’s notion of pattern languages, schematic templates for problem-solving widely adopted by computer programmers, can be developed within a legal system as a coherence constraint on the assignment of (...)
     
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  11.  13
    How exclusionary reasons guide.Kenneth M. Ehrenberg - 2024 - Jurisprudence 15 (1):71-76.
    In ‘(Really) Defending Exclusionary Reasons’, Monti seeks to defend Raz’ notion of exclusionary reasons from the attack made by Daniel Whiting. Monti agrees with Whiting that exclusionary reasons cannot motivate and so suggests that they operate by guiding rather than motivating. However, Monti’s account of guiding omits the key feature that they can guide even when one’s action is the opposite to what the exclusionary reason seems to recommend. An amended account of what it is to be guided by exclusionary (...)
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  12. Law as Plan and Artefact.Kenneth M. Ehrenberg - 2016 - Jurisprudence 7 (2):325-340.
    Scott Shapiro’s theory that law is a social plan is helpful in seeing law essentially as a tool of human creation and as such is sympathetic to understanding law in terms of the social functions it performs, a method I argue for elsewhere. I focus here on two problems with the theory as presented. The planning theory does not adequately explain the persistence of law beyond the utility of those who implement it. Generally, plans can cease to exist as soon (...)
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  13.  32
    Gardner, John. Law as a Leap of Faith.Oxford: Oxford University Press, 2012. Pp. 314. $68.00 ; $30.00 ; $45.49.Kenneth M. Ehrenberg - 2014 - Ethics 124 (4):899-905.
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  14.  28
    Reconstructing the corporate social responsibility construct in Utlish.Kenneth M. Amaeshi & Bongo Adi - 2007 - Business Ethics: A European Review 16 (1):3-18.
    The charged debate on the ‘C‐S‐R‐ization’ of organizational practices seems to have produced two opposing and seemingly incompatible explanations for why organizations should engage in corporate social responsibility (CSR): one, the normative rationale based on an appeal to ethics; and the other, the instrumental rationale, based on an appeal to business pragmatism. This paper argues that a missing link in this debate is the failure to recognize that the normative and instrumental approaches to corporate social responsibility are underpinned by substantively, (...)
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  15.  97
    Cybernetics and the philosophy of mind.Kenneth M. Sayre - 1976 - London: Routledge and Kegan Paul.
    This book, published in 1976, presents an entirely original approach to the subject of the mind-body problem, examining it in terms of the conceptual links between the physical sciences and the sciences of human behaviour. It is based on the cybernetic concepts of information and feedback and on the related concepts of thermodynamic and communication-theoretic entropy. The foundation of the approach is the theme of continuity between evolution, learning and human consciousness. The author defines life as a process of energy (...)
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  16.  48
    Intelligence, Bodies, and Digital Computers.Kenneth M. Sayre - 1968 - Review of Metaphysics 21 (4):714 - 723.
    I do not wish at this time to dispute either or. I do not believe, however, that the intermediate step can be adequately justified, and hence remain unconvinced by the purported conclusion. The most recent presentation of this argument is in Professor Dreyfus' article "Why Computers must have Bodies in order to be Intelligent," a discussion of which will serve to explain my lack of confidence in any argument of this general form.
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  17.  31
    The Quantum Enigma: Finding the Hidden Key, by Wolfgang Smith.Kenneth M. Batinovich - 1997 - The Chesterton Review 23 (4):497-499.
  18.  9
    4‐Hydroxybutyric aciduria.Kenneth M. Gibson - 1984 - Bioessays 1 (3):110-113.
    Recent work has led to the discovery of six patients with 4‐hydroxybutyric acid‐uria, a severe hereditary human pathology characterized by the accumulation of a compound of known neuropharmacologic activity in body fluids. The enzymatic deficiency has been localized to succinic semialdehyde dehydrogenase, one of two enzymes involved in the metabolism of the neurotransmitter GABA. The disease is inherited as an autosomal recessive trait, and carrier detection has been accomplished by quantification of intermediate enzyme activities. The clinical, enzymatic and pharmacologic characteristics (...)
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  19. Kenneth M. Sayre, Plato's Late Ontology: A Riddle Resolved Reviewed by.Richard D. McKirahan Jr - 1986 - Philosophy in Review 6 (4):177-179.
  20. Kenneth M. Sayre, Metaphysics and Method in Plato's Statesman Reviewed by.Patrick Mooney - 2008 - Philosophy in Review 28 (4):296-298.
  21. Grace M. Jantzen, Becoming Divine: Towards a Feminist Philosophy of Religion Reviewed by.Kenneth McGovern & Béla Szabados - 1999 - Philosophy in Review 19 (6):424-427.
  22. Jerome M. Segal, Agency and Alienation: A Theory of Human Presence Reviewed by.Kenneth Rankin - 1992 - Philosophy in Review 12 (6):431-433.
     
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  23. The Functions of Law.Kenneth M. Ehrenberg - 2016 - Oxford, United Kingdom: Oxford University Press.
    What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so (...)
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  24. Law is not (best considered) an essentially contested concept.Kenneth M. Ehrenberg - 2011 - International Journal of Law in Context 7:209-232.
    I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...)
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  25.  14
    Anthony J. Sebok, legal positivism in american jurisprudence.Reviewed by Kenneth Winston - 2000 - Ethics 110 (4).
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  26. Law is an Institution an Artifact and a Practice.Kenneth M. Ehrenberg - 2018 - In Luka Burazin, Kenneth Einar Himma & Corrado Roversi (eds.), Law as an Artifact. Oxford, United Kingdom: Oxford University Press. pp. 177-191.
    I have argued that law is a genre of institutionalized abstract artifact, meaning that laws are purposive products of human creation designed to signal norms of behavior with respect to them. Its institutional nature is seen in the fact that it is a system of artificial statuses that convey deontic powers to status holders understood in their institutional roles. Following Searle in explaining institutions, however, is also to see the institution as the 'continuing possibility of a practice.' Hence there is (...)
     
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  27.  61
    The Institutionality Of Legal Validity.Kenneth M. Ehrenberg - 2020 - Philosophy and Phenomenological Research 100 (2):277-301.
    The most influential theory of law in current analytic legal philosophy is legal positivism, which generally understands law to be a kind of institution. The most influential theory of institutions in current analytic social philosophy is that of John Searle. One would hope that the two theories are compatible, and in many ways they certainly are. But one incompatibility that still needs ironing out involves the relation of the social rule that undergirds the validity of any legal system (H.L.A. Hart's (...)
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  28. Ontology and Reason Giving in Law.Kenneth M. Ehrenberg - 2016 - In Paweł Banaś, Adam Dyrda & Tomasz Gizbert-Studnicki (eds.), Metaphilosophy of Law. Portland, Oregon: Hart. pp. 147-158.
  29. Archimedean metaethics defended.Kenneth M. Ehrenberg - 2008 - Metaphilosophy 39 (4-5):508-529.
    Abstract: We sometimes say our moral claims are "objectively true," or are "right, even if nobody believes it." These additional claims are often taken to be staking out metaethical positions, representative of a certain kind of theorizing about morality that "steps outside" the practice in order to comment on its status. Ronald Dworkin has argued that skepticism about these claims so understood is not tenable because it is impossible to step outside such practices. I show that externally skeptical metaethical theory (...)
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  30. The Anarchist Official: A Problem for Legal Positivism.Kenneth M. Ehrenberg - 2011 - Australian Journal of Legal Philosophy 36:89-112.
    I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to exist (...)
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  31. Less Evidence, Better Knowledge.Kenneth M. Ehrenberg - 2015 - McGill Law Journal 60 (2):173-214.
    In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of juror bias, admitting universal (...)
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  32. Social Structure and Responsibility.Kenneth M. Ehrenberg - 1999 - Loyola Poverty Law Journal 5:1-26.
    Economic success in competitive systems requires resource redistribution to those who fail. Once we recognize that success in competitive endeavors depends meaningfully on the failure of others, policy implications that involve strong redistributive mechanisms should be drawn. Particular attention is paid to the role of education in fostering a sense of self-esteem necessary to counter the effects of internalized competition.
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  33.  17
    Review of Let Me Heal: The Opportunity to Preserve Excellence in American Medicine, by Kenneth M. Ludmerer. [REVIEW]Joseph J. Fins - 2016 - American Journal of Bioethics 16 (4):14-15.
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  34.  15
    Replies to comments on The Functions of Law.Kenneth M. Ehrenberg - 2019 - Jurisprudence 10 (2):255-280.
    Volume 10, Issue 2, June 2019, Page 255-280.
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  35.  61
    David S. Oderberg and Jacqueline A. Laing, human lives: Critical essays on consequentialist bioethics.Reviewed by David M. Adams - 2000 - Ethics 110 (2).
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  36.  26
    From, the Editors 493.Stanley Joel Reiser, Kenneth Craig Micetich, William L. Freeman, Paul M. Mcneill, Catherine A. Berglund, Ianw Webster, Susan Sherwin, Evan Derenzo, Martyn Evans & Sujit Choudhry - 1994 - Cambridge Quarterly of Healthcare Ethics 3 (4):522-532.
    Throughout the world, research ethics committees are relied on to prevent unethical research and protect research subjects. Given that reliance, the composition of committees and the manner in which decisions are arrived at by committee members is of critical importance. There have been Instances in which an inadequate review process has resulted in serious harm to research subjects. Deficient committee review was identified as one of the factors In a study in New Zealand which resulted in the suffering (...)
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  37.  17
    What Is a Public Education and Why We Need It: A Philosophical Inquiry into Self‐Development, Cultural Commitment, and Public Engagement.Reviewed by James M. Giarelli & Luke Greeley - 2017 - Educational Theory 67 (6).
  38.  27
    Douglas E. Edlin, judges and unjust laws: Common law constitutionalism and the foundations of judicial review.Reviewed by Heidi M. Hurd - 2009 - Ethics 120 (1).
  39.  11
    Teaching Medical Students to Voice Their Values.Reviewed by Lisa M. Lee - 2019 - American Journal of Bioethics 19 (9):1-2.
    Volume 19, Issue 9, September 2019, Page W1-W2.
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  40.  95
    Book Reviews : Medical Ethics: An Introduction, by Kenneth Kearon, Dublin, Columba/ APCK, 1995. 111pp. pb. 6.99 Euthanasia: Moral and Pastoral Perspectives, by Richard M. Gula. Mahwah NJ, Paulist, 1994. 85pp. pb. no price. [REVIEW]Anthony Fisher - 1996 - Studies in Christian Ethics 9 (2):102-105.
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  41.  2
    Learning to Heal: The Development of American Medical Education by Kenneth M. Ludmerer. [REVIEW]John Warner - 1986 - Isis 77:523-524.
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  42.  6
    Genetics and American Society: A Historical Appraisal by Kenneth M. Ludmerer. [REVIEW]William Provine - 1974 - Isis 65:101-102.
  43.  41
    Review: Paul M. Churchland: Plato's Camera: How the Physical Brain Captures a Landscape of Abstract Universals. [REVIEW]Review by: Alistair M. C. Isaac - 2014 - Philosophy of Science 81 (1):161-165,.
  44.  20
    Review: Bruce Ackerman, We the People, vol. 3, The Civil Rights Revolution. [REVIEW]Review by: Courtney M. Cox - 2015 - Ethics 125 (4):1178-1184,.
  45.  24
    Review: Carla Bagnoli, ed., Constructivism in Ethics. [REVIEW]Review by: Kathryn M. Lindeman - 2015 - Ethics 125 (3):857-861,.
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  46.  14
    Review: Catriona Mackenzie, Wendy Rogers, and Susan Dodds, eds., Vulnerability: New Essays in Ethics and Feminist Philosophy. [REVIEW]Review by: Anita M. Superson - 2015 - Ethics 125 (4):1210-1215,.
  47.  72
    Metaphysics and Method in Plato's Statesman.Kenneth M. Sayre - 2006 - New York: Cambridge University Press.
    At the beginning of his Metaphysics, Aristotle attributed several strange-sounding theses to Plato. Generations of Plato scholars have assumed that these could not be found in the dialogues. In heated arguments, they have debated the significance of these claims, some arguing that they constituted an 'unwritten teaching' and others maintaining that Aristotle was mistaken in attributing them to Plato. In a prior book-length study on Plato's late ontology, Kenneth M. Sayre demonstrated that, despite differences in terminology, these claims correspond (...)
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  48. Intentionality and information processing: An alternative model for cognitive science.Kenneth M. Sayre - 1986 - Behavioral and Brain Sciences 9 (1):121-38.
    This article responds to two unresolved and crucial problems of cognitive science: (1) What is actually accomplished by functions of the nervous system that we ordinarily describe in the intentional idiom? and (2) What makes the information processing involved in these functions semantic? It is argued that, contrary to the assumptions of many cognitive theorists, the computational approach does not provide coherent answers to these problems, and that a more promising start would be to fall back on mathematical communication theory (...)
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  49.  36
    Peer review: An unflattering picture.Kenneth M. Adams - 1991 - Behavioral and Brain Sciences 14 (1):135-136.
  50.  9
    Cybernetics and the Philosophy of Mind.Kenneth M. Sayre - 1976 - London: Routledge.
    This book, published in 1976, presents an entirely original approach to the subject of the mind-body problem, examining it in terms of the conceptual links between the physical sciences and the sciences of human behaviour. It is based on the cybernetic concepts of information and feedback and on the related concepts of thermodynamic and communication-theoretic entropy. The foundation of the approach is the theme of continuity between evolution, learning and human consciousness. The author defines life as a process of energy (...)
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