Results for 'open texture'

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  1. H. L. A. Hart and the “Open Texture” of Language.Brian Bix - 1991 - Law and Philosophy 10 (1):51 - 72.
    H. L. A. Hart and the "Open Texture" of Language tries to clarify the writings of both Hart and Friedrich Waismann on "open texture". In Waismann's work, "open texture" referred to the potential vagueness of words under extreme (hypothetical) circumstances. Hart's use of the term was quite different, and his work has been misunderstood because those differences were underestimated. Hart should not be read as basing his argument for judicial discretion on the nature of (...)
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  2. Textbook Kripkeanism and the Open Texture of Concepts.Stephen Yablo - 2000 - Pacific Philosophical Quarterly 81 (1):98–122.
    Kripke, argued like this: it seems possible that E; the appearance can't be explained away as really pertaining to a "presentation" of E; so, pending a different explanation, it is possible that E. Textbook Kripkeans see in the contrast between E and its presentation intimations of a quite general distinction between two sorts of meaning. E's secondary or a posteriori meaning is the set of all worlds w which E, as employed here, truly describes. Its primary or a priori meaning (...)
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  3.  84
    Kuhn's Account of Family Resemblance: A Solution to the Problem of Wide-Open Texture[REVIEW]Hanne Andersen - 2000 - Erkenntnis 52 (3):313-337.
    It is a commonly raised argument against thefamily resemblance account of concepts that, on thisaccount, there is no limit to a concept's extension.An account of family resemblance which attempts toprovide a solution to this problem by including bothsimilarity among instances and dissimilarity tonon-instances has been developed by the philosopher ofscience Thomas Kuhn. Similar solutions have beenhinted at in the literature on family resemblanceconcepts, but the solution has never received adetailed investigation. I shall provide areconstruction of Kuhn's theory and argue that (...)
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  4. The Open-Texture of Moral Concepts.J. M. Brennan - 1977 - Macmillan.
     
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  5.  43
    The Open-Texture of Moral Concepts.John V. Apczynski - 1979 - Tradition and Discovery 6 (2):1-2.
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  6.  44
    Vagueness, Open-Texture, and Retrievability.Stewart Shapiro - 2013 - Inquiry : An Interdisciplinary Journal of Philosophy 56 (2-3):307-326.
    Just about every theorist holds that vague terms are context-sensitive to some extent. What counts as ?tall?, ?rich?, and ?bald? depends on the ambient comparison class, paradigm cases, and/or the like. To take a stock example, a given person might be tall with respect to European entrepreneurs and downright short with respect to professional basketball players. It is also generally agreed that vagueness remains even after comparison class, paradigm cases, etc. are fixed, and so this context sensitivity does not solve (...)
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    The Open Texture of Moral Concepts. [REVIEW]S. C. A. - 1978 - Review of Metaphysics 32 (2):352-353.
  8.  51
    Defeasibility and Open Texture.Paul Helm - 1968 - Analysis 28 (5):173 - 175.
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    Open Texture and the Possibility of Legal Interpretation.D. Lyons - 1999 - Law and Philosophy 18 (3):297-309.
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  10. Waismann on Open Texture.K. Wallace - 1972 - Journal of Thought 7 (1):39-45.
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  11.  9
    Open Texture.Avishai Margalit - 1979 - In A. Margalit (ed.), Meaning and Use. Reidel. pp. 141--152.
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  12.  23
    The Open Texture of Moral Concepts.Desmond L. Bell - 1978 - Philosophical Studies 26:318-322.
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  13. Computability, Proof, and Open-Texture.Stewart Shapiro - 2007 - In ¸ Iteolszewskietal:Cta. pp. 420--55.
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  14.  26
    Identity and Open Texture.Eddy M. Zemach - 1983 - Philosophia 13 (3-4):255-262.
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    Open Texture and Judicial Law-Making.Thomas R. Kearns - 1972 - Social Theory and Practice 2 (2):177-187.
  16.  14
    Open Texture and Judicial Decision.Bruce L. Miller - 1972 - Social Theory and Practice 2 (2):163-175.
  17.  10
    "The Open-Texture of Moral Concepts," by John M. Brennan.Robert J. Henle - 1978 - Modern Schoolman 55 (4):401-403.
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    The OpenTexture of Moral Concepts.Geoffrey Harrison - 1978 - Philosophical Books 19 (3):116-117.
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  19. The Open Texture of Concepts: Felix Kaufmann and the Brentanists.Liliana Albertazzi - 1997 - In F. Stadler (ed.), Phenomenology and Logical Empirism. Springer.
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  20. The Open Texture of Moral Concepts. [REVIEW]Desmond L. Bell - 1978 - Philosophical Studies 26:318-322.
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  21. Defeasibility and Open Texture.Brian H. Bix - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
     
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  22. Defeasibility and open texture.Paul Helm - 1968 - Erkenntnis 28 (5):173.
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  23. "The Open-Texture of Moral Concepts," by John M. Brennan. [REVIEW]Robert J. Henle - 1978 - Modern Schoolman 55 (4):401-403.
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  24. Open Texture and the Possibility of Legal Interpretation.David Lyons - 1999 - Law and Philosophy 18 (3):297-309.
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  25. John M. Brennan, The Open-Texture of Moral Concepts. [REVIEW]Terrance C. Mcconnell - 1979 - Journal of Value Inquiry 13 (3):237.
     
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  26. J. M. BRENNAN, "The Open - Texture of Moral Concepts". [REVIEW]Jacques Ruytinx - 1981 - Revue Internationale de Philosophie 35 (1):153.
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  27.  39
    Vagueness and Family Resemblance.Hanoch Ben-Yami - 2017 - In Hans-Johann Glock (ed.), A Companion to Wittgenstein. Oxford, UK: Wiley-Blackwell. pp. 407-419.
    Ben-Yami presents Wittgenstein’s explicit criticism of the Platonic identification of an explanation with a definition and the alternative forms of explanation he employed. He then discusses a few predecessors of Wittgenstein’s criticisms and the Fregean background against which he wrote. Next, the idea of family resemblance is introduced, and objections answered. Wittgenstein’s endorsement of vagueness and the indeterminacy of sense are presented, as well as the open texture of concepts. Common misunderstandings are addressed along the way. Wittgenstein’s ideas, (...)
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    Two Contextualist Fallacies.Martin Montminy - 2010 - Synthese 173 (3):317 - 333.
    I examine the radical contextualists’ two main arguments for the semantic underdeterminacy thesis, according to which all, or almost all, English sentences lack context-independent truth conditions. I show that both arguments are fallacious. The first argument, which I call the fallacy of the many understandings , mistakenly infers that a sentence S is semantically incomplete from the fact that S can be used to mean different things in different contexts. The second argument, which I call the open texture (...)
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    Formalizing Multiple Interpretation of Legal Knowledge.Andreas Hamfelt - 1995 - Artificial Intelligence and Law 3 (4):221-265.
    A representation methodology for knowledge allowing multiple interpretations is described. It is based on the following conception of legal knowledge and its open texture. Since indeterminate, legal knowledge must be adapted to fit the circumstances of the cases to which it is applied. Whether a certain adaptation is lawful or not is measured by metaknowledge. But as this too is indeterminate, its adaptation to the case must be measured by metametaknowledge, etc. This hierarchical model of law is quite (...)
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  30.  11
    ‘Transcendental Reflections on Pragmatic Realism’.Kenneth R. Westphal - 1998 - In K. R. Westphal (ed.), Pragmatism, Reason, & Norms: A Realistic Assessment. Fordham UP. pp. 17--58.
    By deepening Austin’s reflections on the ‘open texture’ of empirical concepts, Frederick L. Will defends an ‘externalist’ account of mental content: as human beings we could not think, were we not in fact cognizant of a natural world structured by events and objects with identifiable and repeatable similarities and differences. I explicate and defend Will’s insight by developing a parallel critique of Kant’s and Carnap’s rejections of realism, both of whom cannot account properly for the content of experience. (...)
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  31. Legal Reasoning and Legal Theory Revisited.F. Atria - 1999 - Law and Philosophy 18 (5):537-577.
    This article deals with the relation between a theory of law and a theory of legal reasoning. Starting from a close reading of Chapter VII of H. L. A. Hart's The Concept of Law, it claims that a theory of law like Hart's requires a particular theory of legal reasoning, or at least a theory of legal reasoning with some particular characteristics. It then goes on to say that any theory of legal reasoning that satisfies those requirements is highly implausible, (...)
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  32. More About Bodily Continuity and Personal Identity.J. M. Shorter - 1962 - Analysis 22 (March):79-85.
  33.  24
    Review of Defeasibility in Philosophy: Knowledge, Agency, Responsibility, and the Law; Claudia Blöser, Mikael Janvid, Hannes Ole Matthiessen, and Marcus Willaschek (Eds.). [REVIEW]Matthew Lister - 2014 - Notre Dame Philosophical Reviews 2014.
    This volume is based on papers presented at a conference on defeasibility in ethics, epistemology, law, and logic that took place at the Goethe University in Frankfurt in 2010. The subtitle (“Knowledge, Agency, Responsibility, and the Law”) better reflects the content than does the title of the original conference. None of the papers focuses directly or primarily on defeasible reasoning in logic, though a few touch on this indirectly. Nor are the papers evenly split among the topics. Six are primarily (...)
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    Arguments Whose Strength Depends on Continuous Variation.James Franklin - 2013 - Informal Logic 33 (1):33-56.
    Both the traditional Aristotelian and modern symbolic approaches to logic have seen logic in terms of discrete symbol processing. Yet there are several kinds of argument whose validity depends on some topological notion of continuous variation, which is not well captured by discrete symbols. Examples include extrapolation and slippery slope arguments, sorites, fuzzy logic, and those involving closeness of possible worlds. It is argued that the natural first attempts to analyze these notions and explain their relation to reasoning fail, so (...)
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    Subsumption and Relative Identity.P. Garbacz - 2004 - Axiomathes 14 (4):341-360.
    This paper is a modification of Nicola Guarino and Christopher Welty's conception of the subsumption relation. Guarino and Welty require that that whether one property may subsume the other should depend on the modal metaproperties of those properties. I argue that the part of their account that concerns the metaproperty carrying a criterion of identity is essentially flawed. Subsequently, I propose to constrain the subsumption relation not, as Guarino and Welty require, by means of incompatible criteria of absolute identity but (...)
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  36. If It's Clear, Then It's Clear That It's Clear, or is It? Higher-Order Vagueness and the S4 Axiom.Susanne Bobzien - 2012 - In B. Morison K. Ierodiakonou (ed.), Episteme, etc. OUP UK.
    The purpose of this paper is to challenge some widespread assumptions about the role of the modal axiom 4 in a theory of vagueness. In the context of vagueness, axiom 4 usually appears as the principle ‘If it is clear (determinate, definite) that A, then it is clear (determinate, definite) that it is clear (determinate, definite) that A’, or, more formally, CA → CCA. We show how in the debate over axiom 4 two different notions of clarity are in play (...)
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    On the Problem of Making Autonomous Vehicles Conform to Traffic Law.Henry Prakken - 2017 - Artificial Intelligence and Law 25 (3):341-363.
    Autonomous vehicles are one of the most spectacular recent developments of Artificial Intelligence. Among the problems that still need to be solved before they can fully autonomously participate in traffic is the one of making their behaviour conform to the traffic laws. This paper discusses this problem by way of a case study of Dutch traffic law. First it is discussed to what extent Dutch traffic law exhibits features that are traditionally said to pose challenges for AI & Law models, (...)
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  38.  41
    Getting Down to Cases: The Revival of Casuistry in Bioethics.John D. Arras - 1991 - Journal of Medicine and Philosophy 16 (1):29-51.
    This article examines the emergence of casuistical case analysis as a methodological alternative to more theory-driven approaches in bioethics research and education. Focusing on The Abuse of Casuistry by A. Jonsen and S. Toulmin, the article articulates the most characteristic features of this modernday casuistry (e.g., the priority allotted to case interpretation and analogical reasoning over abstract theory, the resemblance of casuistry to common law traditions, the ‘open texture’ of its principles, etc.) and discusses some problems with casuistry (...)
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    Reasoning with Slippery Predicates.Stewart Shapiro - 2008 - Studia Logica 90 (3):313-336.
    It is a commonplace that the extensions of most, perhaps all, vague predicates vary with such features as comparison class and paradigm and contrasting cases. My view proposes another, more pervasive contextual parameter. Vague predicates exhibit what I call open texture: in some circumstances, competent speakers can go either way in the borderline region. The shifting extension and anti-extensions of vague predicates are tracked by what David Lewis calls the “conversational score”, and are regulated by what Kit Fine (...)
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    Conceptual Engineering for Mathematical Concepts.Tanswell Fenner Stanley - forthcoming - Inquiry : An Interdisciplinary Journal of Philosophy:1-33.
    In this paper I investigate how conceptual engineering applies to mathematical concepts in particular. I begin with a discussion of Waismann’s notion of open texture, and compare it to Shapiro’s modern usage of the term. Next I set out the position taken by Lakatos which sees mathematical concepts as dynamic and open to improvement and development, arguing that Waismann’s open texture applies to mathematical concepts too. With the perspective of mathematics as open-textured, I make (...)
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  41. Law, Language, and Legal Determinacy.Brian Bix - 1993 - Oxford University Press.
    This book discusses one of the central problems in the philosophy of law--the question of legal determinacy. Is the law a seamless web or are there gaps? Bix argues that the major re-thinking of the common and "common sense" views about law that have been proposed by various recent legal theories is unnecessary. He offers a reconsideration of the role of language in the law, and the way ideas about language have been used and misused in recent legal theory. He (...)
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  42. Review of Stewart Shapiro, Vagueness in Context. [REVIEW]Steven Gross - 2009 - Philosophical Review 118 (2):261-266.
    Stewart Shapiro’s book develops a contextualist approach to vagueness. It’s chock-full of ideas and arguments, laid out in wonderfully limpid prose. Anyone working on vagueness (or the other topics it touches on—see below) will want to read it. According to Shapiro, vague terms have borderline cases: there are objects to which the term neither determinately applies nor determinately does not apply. A term determinately applies in a context iff the term’s meaning and the non-linguistic facts determine that they do. The (...)
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    Temporal Externalism and the Normativity of Linguistic Practice.Joseph Rouse - 2014 - Journal of the Philosophy of History 8 (1):20-38.
    Temporal externalists expand Putnam’s and Burge’s semantic externalisms to argue that later uses of words transform the semantic significance of earlier uses. Conflicting intuitions about temporal externalism often turn on different conceptions of linguistic practice, which have mostly not been thematically explicated. I defend a version of temporal externalism that replaces the familiar regularist and normative-regulist conceptions of linguistic practice or use. This alternative identifies practices neither by regularities of use, nor by determinate norms governing their constituent performances, but by (...)
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    A Hybrid Rule – Neural Approach for the Automation of Legal Reasoning in the Discretionary Domain of Family Law in Australia.Andrew Stranieri, John Zeleznikow, Mark Gawler & Bryn Lewis - 1999 - Artificial Intelligence and Law 7 (2-3):153-183.
    Few automated legal reasoning systems have been developed in domains of law in which a judicial decision maker has extensive discretion in the exercise of his or her powers. Discretionary domains challenge existing artificial intelligence paradigms because models of judicial reasoning are difficult, if not impossible to specify. We argue that judicial discretion adds to the characterisation of law as open textured in a way which has not been addressed by artificial intelligence and law researchers in depth. We demonstrate (...)
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  45. Vagueness and Law. Philosophical and Legal Perspectives.Keil Geert & Ralf Poscher - 2016 - In Geert Keil & Ralf Poscher (eds.), Vagueness and Law. Philosophical and Legal Perspectives. Oxford: Oxford university Press. pp. 1-20.
    Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and places judges in the position to decide impartially. Vagueness poses a threat to these ideals. In borderline (...)
     
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    Paraconsistent Logic.David Ripley - forthcoming - Journal of Philosophical Logic:1-10.
    In some logics, anything whatsoever follows from a contradiction; call these logics explosive. Paraconsistent logics are logics that are not explosive. Paraconsistent logics have a long and fruitful history, and no doubt a long and fruitful future. To give some sense of the situation, I’ll spend Section 1 exploring exactly what it takes for a logic to be paraconsistent. It will emerge that there is considerable open texture to the idea. In Section 2, I’ll give some examples of (...)
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    Do We Need Two Notions of Natural Kind to Account for the History of “Jade”?Françoise Longy - forthcoming - Synthese:1-28.
    We need to distinguish two sorts of natural kinds, scientific and common NKs, because the notion of NK, which has to satisfy demands at three different levels—ontological, semantic and epistemological—, is subject to two incompatible sets of constraints. In order to prove this, I focus on the much-discussed case of jade. In the first part of the paper, I show that the current accounts are unsatisfactory because they are inconsistent. In the process, I explain why LaPorte’s analysis of “jade” as (...)
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    Thoughts: Papers on Mind, Meaning, and Modality.Stephen Yablo - 2008 - Oxford University Press.
    The real distinction between mind and body -- Is conceivability a guide to possibility? -- Textbook kripkeanism and the open texture of concepts -- Coulda, woulda, shoulda -- No fool's cold : notes on illusions of possibility -- Beyond rigidification : the importance of being really actual -- How in the world? -- Mental causation -- Singling out properties -- Wide causation -- Causal relevance : mental, moral, and epistemic.
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    Proof, Rigour and Informality : A Virtue Account of Mathematical Knowledge.Tanswell Fenner Stanley - unknown
    This thesis is about the nature of proofs in mathematics as it is practiced, contrasting the informal proofs found in practice with formal proofs in formal systems. In the first chapter I present a new argument against the Formalist-Reductionist view that informal proofs are justified as rigorous and correct by corresponding to formal counterparts. The second chapter builds on this to reject arguments from Gödel's paradox and incompleteness theorems to the claim that mathematics is inherently inconsistent, basing my objections on (...)
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    Pragmatics.Francois Recanati - 1998 - In Edward Craig (ed.), Routledge Encyclopedia of Philosophy. Routledge. pp. 620-633.
    1 Pragmatics and ordinary language philosophy 2 Speech acts 3 Contextual implications 4 Non-truth-conditional aspects of meaning 5 Indexicals 6 Levels of meaning 7 Open texture 8 The semantics/pragmatics distinction 9 Context and propositional attitudes 10 Presupposition 11 Interpretation and context-change 12 The strategic importance of conversational implicatures 13 Communicative intentions 14 The intentional-inferential model 15 Pragmatics and modularity 16 Cognitive science and contextualism.
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