Results for 'Vincent Chiao'

991 found
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  1.  10
    From the Philosophy of Punishment to the Philosophy of Criminal Justice.Javier Wilenmann & Vincent Chiao - 2022 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 357-376.
    While punishment is a longstanding object of philosophical scrutiny, other controversial aspects of the justice system, such as policing, have flown under the radar. In this paper, we consider possible reasons why philosophers interested in crime and punishment have neglected policing. We make the case for a broader account of the political morality of the justice system, with a particular emphasis on policing. We sketch the outlines of an egalitarian version of such a theory, highlighting parallels between policing and the (...)
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  2.  42
    Action and agency in the criminal law: Vincent chiao.Vincent Chiao - 2009 - Legal Theory 15 (1):1-23.
    This paper offers a critical reconsideration of the traditional doctrine that responsibility for a crime requires a voluntary act. I defend three general propositions: first, that orthodox Anglo-American criminal theory fails to explain adequately why criminal responsibility requires an act. Second, when it comes to the just definition of crimes, the act requirement is at best a rough generalization rather than a substantive limiting principle. Third, that the intuition underlying the so-called “act requirement” is better explained by what I call (...)
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  3. Mass Incarceration and the Theory of Punishment.Vincent Chiao - 2017 - Criminal Law and Philosophy 11 (3):431-452.
    An influential strain in the literature on state punishment analyzes the permissibility of punishment in exclusively deontological terms, whether in terms of an individual’s rights, the state’s obligation to vindicate the law, or both. I argue that we should reject a deontological theory of punishment because it cannot explain what is unjust about mass incarceration, although mass incarceration is widely considered—including by proponents of deontological theories—to be unjust. The failure of deontological theories suggests a minimum criterion of adequacy for a (...)
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  4.  34
    Proportionality and Its Discontents.Vincent Chiao - 2022 - Law and Philosophy 41 (2):193-217.
    In this paper, I defend a deflationary account of proportionality, which suggests that proportionality does not explain anything valuable about a system of punishment. Proportionality, rather, is a conventional means for presenting judgments about whether punishment fits the crime. A system of punishment is proportionate to the degree that it coheres with widely shared norms about punishment. There are many reasons such coherence could be valuable, not all of which are retributive. Hence, while on a deflationary view it may be (...)
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  5.  36
    What is the Criminal Law for?Vincent Chiao - 2016 - Law and Philosophy 35 (2):137-163.
    The traditional distinction between retributive and distributive justice misconstrues the place of the criminal law in modern regulatory states. In the context of the regulatory state, the criminal law is a coercive rule-enforcing institution – regardless of whether it also serves the ends of retributive justice. As a rule-enforcing institution, the criminal law is deeply implicated in stabilizing the institutions and legal rules by means of which a state creates and allocates social advantage. As a coercive institution, the criminal law (...)
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  6.  11
    Criminal law in the age of the administrative state.Vincent Chiao - 2019 - New York, NY: Oxford University Press.
    Criminal law as public law -- Criminal law as public law -- Criminal law as public law -- Mass incarceration and the theory of punishment -- Reasons to criminalize -- Formalism and pragmatism in criminal procedure -- Responsibility without resentment.
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  7.  47
    Predicting Proportionality: The Case for Algorithmic Sentencing.Vincent Chiao - 2018 - Criminal Justice Ethics 37 (3):238-261.
    A basic principle in sentencing offenders is proportionality. However, proportionality judgments are often left to the discretion of the judge, raising familiar concerns of arbitrariness and bias. This paper considers the case for systematizing judgments of proportionality in sentencing by means of an algorithm. The aim of such an algorithm would be to predict what a judge in that jurisdiction would regard as a proportionate sentence in a particular case. A predictive algorithm of this kind would not necessarily undermine justice (...)
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  8.  29
    Punishment and Permissibility in the Criminal Law.Vincent Chiao - 2013 - Law and Philosophy 32 (6):729-765.
    The United States Supreme Court has repeatedly insisted that what distinguishes a criminal punishment from a civil penalty is the presence of a punitive legislative intent. Legislative intent has this role, in part, because court and commentators alike conceive of the criminal law as the body of law that administers punishment; and punishment, in turn, is conceived of in intention-sensitive terms. I argue that this understanding of the distinction between civil penalties and criminal punishments depends on a highly controversial proposition (...)
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  9.  47
    Discretion and domination in criminal procedure: Reflections on Pettit.Vincent Chiao - 2016 - Politics, Philosophy and Economics 15 (1):92-110.
    Philip Pettit’s conception of freedom as nondomination is modally robust in that it requires not simply reducing the probability of uncontrolled interference by others but entirely eliminating that possibility. In this article, I consider whether freedom as nondomination provides an attractive analysis of official discretion, particularly in the context of the criminal law, an area of recurring interest for Pettit. I argue that not only does the modally robust character of freedom as nondomination have some rather unattractive implications in the (...)
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  10.  16
    Capital Punishment and the Owl of Minerva.Vincent Chiao - 2019 - In Larry Alexander & Kimberly Kessler Ferzan (eds.), The Palgrave Handbook of Applied Ethics and the Criminal Law. Springer Verlag. pp. 241-261.
    Although capital punishment has been gradually disappearing from liberal democracies, philosophers remain divided as to its permissibility. The first part of this chapter considers arguments in favor of retention and abolition, with particular attention to recent contractualist arguments. I then consider the United States Supreme Court’s incrementalist approach, under the rubric of “evolving standards of decency.” On this view, the Constitution is limited to sweeping up stragglers; like Minerva’s owl, the Constitution announces a philosophy of punishment only in hindsight. The (...)
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  11.  34
    Algorithmic Decision-making, Statistical Evidence and the Rule of Law.Vincent Chiao - forthcoming - Episteme.
    The rapidly increasing role of automation throughout the economy, culture and our personal lives has generated a large literature on the risks of algorithmic decision-making, particularly in high-stakes legal settings. Algorithmic tools are charged with bias, shrouded in secrecy, and frequently difficult to interpret. However, these criticisms have tended to focus on particular implementations, specific predictive techniques, and the idiosyncrasies of the American legal-regulatory regime. They do not address the more fundamental unease about the prospect that we might one day (...)
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  12.  86
    Intention and Attempt.Vincent Chiao - 2010 - Criminal Law and Philosophy 4 (1):37-55.
    Anglo-American criminal law traditionally demands a criminal purpose for an attempt conviction, even when the crime attempted requires only foresight or recklessness. Some legal philosophers have defended this rule by appeal to an alleged difference in the moral character or intentional structure of intended versus non-intended harms. I argue that there are reasons to be skeptical of any such differences; and that even if conceded, it is only on the basis of an unworkable view of criminal responsibility that such a (...)
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  13.  6
    Disobedience as Such.Vincent Chiao & Alon Harel - forthcoming - Jurisprudence:1-18.
    Legal philosophers often ask whether a person has a reason to obey the law simply because it is the law. We ask the contrary question: does a person have a reason to disobey the law simply because it is the law? Many philosophers who have considered the question of disobedience have focused on injustice; others have defended disobedience on libertarian or anarchist grounds. In contrast, we argue that there is a content-independent reason to disobey the law even when it is (...)
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  14.  23
    What Does It Mean to End Mass Incarceration, and How Would We Know If We Did?Vincent Chiao - 2023 - Criminal Justice Ethics 42 (1):86-98.
    Katherine Beckett’s new book, Ending Mass Incarceration (EMI), is ambitious and wide-ranging. Beckett tackles one of the most urgent human rights problems of the last fifty years, namely the massiv...
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  15.  19
    Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander, by Hurd Heidi, ed.Vincent Chiao - 2021 - Mind 131 (523):968-977.
    While many philosophers of law spend their careers exploring the warrens of a single neighbourhood within the sprawling cities of the philosophy of law, Larry Alexander has rambled widely, exploring obscure alleyways and dense downtowns, making significant and influential contributions along the way. The volume under review, a Festschrift in his honour, draws from a correspondingly wide range of areas of scholarship, from the philosophy of criminal law and punishment to constitutional law, from analytic jurisprudence to moral philosophy. Thus, given (...)
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  16.  19
    Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander, by Hurd Heidi, ed.Vincent Chiao - 2021 - Mind 131 (523):968-977.
    Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander, by HeidiHurd, ed. Cambridge: Cambridge University Press, 2019. Pp. xxvi + 488.
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  17. Realism and the rational administration of the law in Beccaria.Vincent Chiao - 2022 - In Antje Du Bois-Pedain & Shaḥar Eldar (eds.), Re-reading Beccaria: on the contemporary significance of a penal classic. New York: Hart.
     
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  18. Realism and the rational administration of the law in Beccaria.Vincent Chiao - 2022 - In Antje Du Bois-Pedain & Shaḥar Eldar (eds.), Re-reading Beccaria: on the contemporary significance of a penal classic. New York: Hart.
     
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  19.  13
    Review of Vincent Chiao, Criminal Law in the Age of the Administrative State: Oxford University Press, Oxford, 2019, 270 pp. [REVIEW]Peter Ramsay - 2022 - Criminal Law and Philosophy 16 (2):423-428.
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  20.  95
    Amphibians and the Particular-Universal Distinction.Chiao-Li Ou - forthcoming - Australasian Journal of Philosophy.
    I defend a new conception of the particular-universal distinction based on considerations about what David Lewis calls ‘amphibians’. I argue, first, that given the possibility of amphibians, two recently popular conceptions of the particular-universal distinction, namely the repeatability conception and the duplicability conception, are both objectionable since they are biased in one way or another. I then propose a more flexible conception that solves this problem by regarding amphibians as belonging to a sui generis sort of property distinct from what (...)
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  21.  73
    Modern French philosophy.Vincent Descombes - 1980 - New York: Cambridge University Press.
    This is a critical introduction to modern French philosophy, commissioned from one of the liveliest contemporary practitioners and intended for an English-speaking readership. The dominant 'Anglo-Saxon' reaction to philosophical development in France has for some decades been one of suspicion, occasionally tempered by curiosity but more often hardening into dismissive rejection. But there are signs now of a more sympathetic interest and an increasing readiness to admit and explore shared concerns, even if these are still expressed in a very different (...)
  22. Spacetime is as spacetime does.Vincent Lam & Christian Wüthrich - 2018 - Studies in History and Philosophy of Science Part B: Studies in History and Philosophy of Modern Physics 64:39-51.
    Theories of quantum gravity generically presuppose or predict that the reality underlying relativistic spacetimes they are describing is significantly non-spatiotemporal. On pain of empirical incoherence, approaches to quantum gravity must establish how relativistic spacetime emerges from their non-spatiotemporal structures. We argue that in order to secure this emergence, it is sufficient to establish that only those features of relativistic spacetimes functionally relevant in producing empirical evidence must be recovered. In order to complete this task, an account must be given of (...)
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  23. Ethics of Artificial Intelligence and Robotics.Vincent C. Müller - 2020 - In Edward N. Zalta (ed.), Stanford Encylopedia of Philosophy. pp. 1-70.
    Artificial intelligence (AI) and robotics are digital technologies that will have significant impact on the development of humanity in the near future. They have raised fundamental questions about what we should do with these systems, what the systems themselves should do, what risks they involve, and how we can control these. - After the Introduction to the field (§1), the main themes (§2) of this article are: Ethical issues that arise with AI systems as objects, i.e., tools made and used (...)
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  24.  16
    Audiovisual texture in scene transition.Chiao-I. Tseng - 2012 - Semiotica 2012 (192).
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  25. Future progress in artificial intelligence: A survey of expert opinion.Vincent C. Müller & Nick Bostrom - 2016 - In Vincent C. Müller (ed.), Fundamental Issues of Artificial Intelligence. Cham: Springer. pp. 553-571.
    There is, in some quarters, concern about high–level machine intelligence and superintelligent AI coming up in a few decades, bringing with it significant risks for humanity. In other quarters, these issues are ignored or considered science fiction. We wanted to clarify what the distribution of opinions actually is, what probability the best experts currently assign to high–level machine intelligence coming up within a particular time–frame, which risks they see with that development, and how fast they see these developing. We thus (...)
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  26.  64
    Spacetime functionalism from a realist perspective.Vincent Lam & Christian Wüthrich - 2020 - Synthese 199 (Suppl 2):1-19.
    In prior work, we have argued that spacetime functionalism provides tools for clarifying the conceptual difficulties specifically linked to the emergence of spacetime in certain approaches to quantum gravity. We argue in this article that spacetime functionalism in quantum gravity is radically different from other functionalist approaches that have been suggested in quantum mechanics and general relativity: in contrast to these latter cases, it does not compete with purely interpretative alternatives, but is rather intertwined with the physical theorizing itself at (...)
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  27. Is it time for robot rights? Moral status in artificial entities.Vincent C. Müller - 2021 - Ethics and Information Technology 23 (3):579–587.
    Some authors have recently suggested that it is time to consider rights for robots. These suggestions are based on the claim that the question of robot rights should not depend on a standard set of conditions for ‘moral status’; but instead, the question is to be framed in a new way, by rejecting the is/ought distinction, making a relational turn, or assuming a methodological behaviourism. We try to clarify these suggestions and to show their highly problematic consequences. While we find (...)
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  28.  41
    Asymmetric cultural effects on perceptual expertise underlie an own-race bias for voices.Tyler K. Perrachione, Joan Y. Chiao & Patrick C. M. Wong - 2010 - Cognition 114 (1):42-55.
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  29.  24
    Spacetime functionalism from a realist perspective.Vincent Lam & Christian Wüthrich - 2020 - Synthese 199 (S2):335-353.
    In prior work, we have argued that spacetime functionalism provides tools for clarifying the conceptual difficulties specifically linked to the emergence of spacetime in certain approaches to quantum gravity. We argue in this article that spacetime functionalism in quantum gravity is radically different from other functionalist approaches that have been suggested in quantum mechanics and general relativity: in contrast to these latter cases, it does not compete with purely interpretative alternatives, but is rather intertwined with the physical theorizing itself at (...)
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  30.  27
    When talking makes you feel like a group: The emergence of group-based emotions.Vincent Yzerbyt, Toon Kuppens & Bernard Mathieu - 2016 - Cognition and Emotion 30 (1):33-50.
  31.  7
    Cohesion in film: tracking film elements.Chiao-I. Tseng - 2013 - New York, NY: Palgrave-Macmillan.
    Introduction -- The application of functional linguistics to film -- Cohesion in film -- Analysing action patterns in film -- Conclusion.
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  32.  12
    Revisiting dynamic space in film from a semiotic perspective.Chiao-I. Tseng - 2016 - Semiotica 2016 (210):129-149.
    Name der Zeitschrift: Semiotica Jahrgang: 2016 Heft: 210 Seiten: 129-149.
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  33. The ontology of creation: towards a philosophical account of the creation of World in innovation processes.Vincent Blok - 2024 - Foundations of Science 29 (2):503-520.
    The starting point of this article is the observation that the emergence of the Anthropocene rehabilitates the need for philosophical reflections on the ontology of technology. In particular, if technological innovations on an ontic level of beings in the world are created, but these innovations at the same time _create_ the Anthropocene World at an ontological level, this raises the question how World creation has to be understood. We first identify four problems with the traditional concept of creation: the anthropocentric, (...)
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  34. A dilemma for the emergence of spacetime in canonical quantum gravity.Vincent Lam & Michael Esfeld - 2013 - Studies in History and Philosophy of Science Part B: Studies in History and Philosophy of Modern Physics 44 (3):286-293.
    The procedures of canonical quantization of the gravitational field apparently lead to entities for which any interpretation in terms of spatio-temporal localization or spatio-temporal extension seems difficult. This fact is the main ground for the suggestion that can often be found in the physics literature on canonical quantum gravity according to which spacetime may not be fundamental in some sense. This paper aims to investigate this radical suggestion from an ontologically serious point of view in the cases of two standard (...)
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  35. No Categorial Support for Radical Ontic Structural Realism.Vincent Lam & Christian Wüthrich - 2015 - British Journal for the Philosophy of Science 66 (3):605-634.
    Radical ontic structural realism (ROSR) asserts an ontological commitment to ‘free-standing’ physical structures understood solely in terms of fundamental relations, without any recourse to relata that stand in these relations. Bain ([2013], pp.1621–35) has recently defended ROSR against the common charge of incoherence by arguing that a reformulation of fundamental physical theories in category-theoretic terms (rather than the usual set-theoretic ones) offers a coherent and precise articulation of the commitments accepted by ROSR. In this essay, we argue that category theory (...)
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  36.  52
    A Dilemma For The Emergence Of Spacetime In Canonical Quantum Gravity.Vincent Lam & Michael Esfeld - 2013 - Studies in History and Philosophy of Science Part B: Studies in History and Philosophy of Modern Physics 44 (3):286-293.
    The procedures of canonical quantization of the gravitational field apparently lead to entities for which any interpretation in terms of spatio-temporal localization or spatio-temporal extension seems difficult. This fact is the main ground for the suggestion that can often be found in the physics literature on canonical quantum gravity according to which spacetime may not be fundamental in some sense. This paper aims to investigate this radical suggestion from an ontologically serious point of view in the cases of two standard (...)
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  37.  27
    Being-in-the-Apple-store: a genetic phenomenological sociology of space.Vincent Qing Zhang - 2020 - Human Studies 43 (4):667-682.
    This study develops a genetic phenomenological sociology of space from the phenomenology and phenomenological sociology of space. Based on relational ontology, it argues that social space is a social relationship in genesis. An Apple walk-in store and an Apple online store are examples to illustrate the essence of social space. Any Apple store as a social space represents a set of social relations. The genetic phenomenological sociology of space in both store types includes two parts: first, the social ontology of (...)
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  38. The Structural Metaphysics of Quantum Theory and General Relativity.Vincent Lam & Michael Esfeld - 2012 - Journal for General Philosophy of Science / Zeitschrift für Allgemeine Wissenschaftstheorie 43 (2):243-258.
    The paper compares ontic structural realism in quantum physics with ontic structural realism about space–time. We contend that both quantum theory and general relativity theory support a common, contentful metaphysics of ontic structural realism. After recalling the main claim of ontic structural realism and its physical support, we point out that both in the domain of quantum theory and in the domain of general relativity theory, there are objects whose essential ways of being are certain relations so that these objects (...)
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  39.  81
    Gravitational and Nongravitational Energy: The Need for Background Structures.Vincent Lam - 2011 - Philosophy of Science 78 (5):1012-1024.
    The aim of this paper is to discuss some aspects of the nature gravitational energy within the general theory of relativity. Some aspects of the difficulties to ascribe the usual features of localization and conservation to gravitational energy are reviewed and considered in the light of the dual of role of the dynamical gravitational field, which encodes both inertio-gravitational effects and the chronogeometrical structures of spacetime. These considerations will lead us to discuss the fact that the very notion of energy (...)
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  40.  80
    Mainstream and Formal Epistemology.Vincent F. Hendricks - 2005 - New York: Cambridge University Press.
    Mainstream and Formal Epistemology provides the first, easily accessible, yet erudite and original analysis of the meeting point between mainstream and formal theories of knowledge. These two strands of thinking have traditionally proceeded in isolation from one another, but in this book, Vincent F. Hendricks brings them together for a systematic comparative treatment. He demonstrates how mainstream and formal epistemology may significantly benefit from one another, paving the way for a new unifying program of 'plethoric' epistemology. His book will (...)
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  41. Autonomous killer robots are probably good news.Vincent C. Müller - 2016 - In Ezio Di Nucci & Filippo Santonio de Sio (eds.), Drones and responsibility: Legal, philosophical and socio-technical perspectives on the use of remotely controlled weapons. London: Ashgate. pp. 67-81.
    Will future lethal autonomous weapon systems (LAWS), or ‘killer robots’, be a threat to humanity? The European Parliament has called for a moratorium or ban of LAWS; the ‘Contracting Parties to the Geneva Convention at the United Nations’ are presently discussing such a ban, which is supported by the great majority of writers and campaigners on the issue. However, the main arguments in favour of a ban are unsound. LAWS do not support extrajudicial killings, they do not take responsibility away (...)
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  42.  8
    Harnessing the potential of transmedia narratives for critical multimodal literacy.Emilia Djonov & Chiao-I. Tseng - 2021 - Critical Discourse Studies 18 (3):349-367.
    Literary narratives are well recognised for their power to foster engagement with complex social themes. Transmedia narratives, which present the same story in different media, can help advance both critical multimodal discourse studies and multiliteracies pedagogies. To harness this potential, we need to develop methods for systematically relating media affordances to discourse-semantic patterns and the broad social themes these patterns construct in narratives, and ensure these methods build on the knowledge learners bring to the classroom. This article introduces a social (...)
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  43.  13
    Response to Leonard Tan and Mengchen Lu, “‘I Wish to Be Wordless’: Philosophizing through the Chinese Guqin.”.Chiao-Wei Liu - 2018 - Philosophy of Music Education Review 26 (2):199.
    In lieu of an abstract, here is a brief excerpt of the content:Response to Leonard Tan and Mengchen Lu, “‘I Wish to Be Wordless’: Philosophizing Through the Chinese Guqin.”Chiao-Wei Liu“I wish to be wordless” connects Chinese philosophical thinking to music education at large. Through discussions of values associated with the Chinese instrument guqin, Leonard Tan and Mengchen Lu exemplified “how music serves as ‘Truth tool’ in the Chinese philosophical tradition.” Specifically, the authors explored four ideas: “Search for Truth” (求真), (...)
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  44. How is the asymmetry between the open future and the fixed past to be characterized?Vincent Grandjean - 2019 - Synthese (3):1-24.
    A basic intuition we have regarding the nature of time is that the future is open whereas the past is fixed. For example, whereas we think that there are things we can do to affect how the future will unfold, we think that there are not things we can do to affect how the past unfolded. However, although this intuition is largely shared, it is not a straightforward matter to determine the nature of the asymmetry it reflects. So, in this (...)
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  45.  29
    How Do Soccer Players Adjust Their Activity in Team Coordination? An Enactive Phenomenological Analysis.Vincent Gesbert, Annick Durny & Denis Hauw - 2017 - Frontiers in Psychology 8.
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  46.  38
    Josef Pieper on the Nature of Philosophy and the Philosophical Act.Vincent Wargo - 2003 - Modern Schoolman 80 (2):114-143.
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  47.  14
    Merleau-Ponty and Sacramental Gesture.Vincent Wargo - 2013 - Faith and Philosophy 30 (3):271-285.
    In this article, we utilize Merleau-Ponty’s notions of gesture, flesh and reversibility as philosophical tools to explicate the corporal reality of ritual, incarnation, sacramental presence and the church as the mystical body of Christ. The phenomenological investigation of bodily gesture provides a foundation to elucidate the meaning of symbolic presence from which we compare Merleau-Ponty’s notion of the flesh with that of the patristic fathers, leading finally to its ecclesiological interpretation.
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  48.  5
    Reading Against the Grain: Edith Stein's Confrontation with Heidegger as an Encounter with Hermeneutical Phenomenology.Vincent Wargo - 2011 - Journal of the British Society for Phenomenology 42 (2):125-138.
    (2011). Reading Against the Grain: Edith Stein's Confrontation with Heidegger as an Encounter with Hermeneutical Phenomenology. Journal of the British Society for Phenomenology: Vol. 42, Ethics, Curiosity and Ontology, pp. 125-138.
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  49.  2
    Tradition and Festivity.Vincent Wargo - 2012 - Philosophy, Culture, and Traditions 8:53-71.
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  50. Existential risk from AI and orthogonality: Can we have it both ways?Vincent C. Müller & Michael Cannon - 2021 - Ratio 35 (1):25-36.
    The standard argument to the conclusion that artificial intelligence (AI) constitutes an existential risk for the human species uses two premises: (1) AI may reach superintelligent levels, at which point we humans lose control (the ‘singularity claim’); (2) Any level of intelligence can go along with any goal (the ‘orthogonality thesis’). We find that the singularity claim requires a notion of ‘general intelligence’, while the orthogonality thesis requires a notion of ‘instrumental intelligence’. If this interpretation is correct, they cannot be (...)
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