Results for 'Patrick Lenta'

984 found
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  1. Desert, Justice and Capital Punishment.Patrick Lenta & Douglas Farland - 2008 - Criminal Law and Philosophy 2 (3):273-290.
    Our purpose in this paper is to consider a procedural objection to the death penalty. According to this objection, even if the death penalty is deemed, substantively speaking, a morally acceptable punishment for at least some murderers, since only a small proportion of those guilty of aggravated murder are sentenced to death and executed, while the majority of murderers escape capital punishment as a result of arbitrariness and discrimination, capital punishment should be abolished. Our targets in this paper are two (...)
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  2.  22
    Ignorance‐Based Justifications for Amnesty.Patrick Lenta - 2020 - Journal of Social Philosophy 51 (2):283-302.
    Journal of Social Philosophy, EarlyView.
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  3.  45
    Transitional Justice and Retributive Justice.Patrick Lenta - 2019 - Ethical Theory and Moral Practice 22 (2):385-398.
    Many people have the intuition that the failure to impose punishment on perpetrators of such serious human rights violations as murder, torture and rape that occurred in the course of violent conflict preceding a society’s transition from authoritarianism to democracy amounts to an injustice. This intuition is to an appreciable extent accounted for by the retributivist outlook of a high proportion of those who share it. Colleen Murphy, however, though she accepts that retributivism may justify punishment of offenders in stable (...)
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  4.  69
    Freedom of Conscience and the Value of Personal Integrity.Patrick Lenta - 2016 - Ratio Juris 29 (2):246-263.
    Certain philosophers have argued in favour of recognising a right to freedom of conscience that includes a defeasible right of individuals to live in accordance with their perceived moral duties. This right requires the government to exempt people from general laws or regulations that prevent them from acting consistently with their perceived moral duties. The importance of protecting individuals’ integrity is sometimes invoked in favour of accommodating conscience. I argue that personal integrity is valuable since autonomy, identity and self-respect are (...)
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  5.  41
    Amnesty and Mercy.Patrick Lenta - 2019 - Criminal Law and Philosophy 13 (4):621-641.
    I assess the justification for the granting of amnesty in the circumstances of ‘transitional justice’ advanced by certain of its supporters according to which this device is morally legitimate because it amounts to an act of mercy. I consider several prominent definitions of ‘mercy’ with a view to determining whether amnesty counts as mercy under each and what follows for its moral status. I argue that amnesty cannot count as mercy under any definition in accordance with which an act or (...)
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  6.  12
    Amnesty and Retribution.Patrick Lenta - 2018 - Public Affairs Quarterly 32 (2):119-140.
    This paper addresses the relationship between amnesty granted to perpetrators of serious human rights abuses and retributivism. It rebuts arguments advanced by Dan Markel and Lucy Allais in support of their claim that the granting of conditional amnesty—amnesty in exchange for perpetrators’ confessing to, and disclosing the details of, their wrongdoing—by the South African Truth and Reconciliation Commission (TRC) was consistent with retributivism. Markel contends that conditional amnesty was perfectly in line with recipients’ desert, while Allais submits that the TRC (...)
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  7. A sporting dilemma and its jurisprudence.Patrick Lenta & Simon Beck - 2006 - Journal of the Philosophy of Sport 33 (2):125-143.
    Our purpose in this article is to draw attention to a connection that obtains between two dilemmas from two separate spheres: sports and the law. It is our contention that umpires in the game of cricket may face a dilemma that is similar to a dilemma confronted by legal decision makers and that comparing the nature of the dilemmas, and the arguments advanced to solve them, will serve to advance our understanding of both the law and games.
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  8. Corporal Punishment of Children.Patrick Lenta - 2012 - Social Theory and Practice 38 (4):689-716.
    In this paper I consider arguments advanced by supporters of corporal punishment and argue that they have failed to show that this practice is justified on either consequentialist or retributivist grounds. Not only are there alternative punishments that bring about as much (if not more) benefit at a lower cost, but corporal punishment poses a risk of psychological harm to children and violates children’s rights. I conclude that corporal punishment is morally impermissible and that it ought to be criminalized.
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  9.  28
    Law’s forgiveness.Patrick Lenta - 2022 - Jurisprudence 13 (4):689-702.
    My purpose in this paper is to enquire into whether law can forgive. This line of inquiry must be distinguished from other possible avenues of investigation into the relation between law and forgiv...
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  10.  9
    Post-conflict amnesties and/as plea bargains.Patrick Lenta - 2023 - Journal of Global Ethics 19 (2):188-205.
    I assess the force of a justification for post-conflict amnesties that is aimed at overcoming the most common objection to their conferral: that they entail retributive injustice. According to this justification, retributivists ought to consider amnesties to be justified because they are analogous to plea bargains, and because retributivists need not consider plea bargains to be unacceptable. I argue with reference to the 2001 Timor-Leste immunity scheme that amnesties conditional upon perpetrators’ not only admitting guilt and confessing but also making (...)
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  11.  22
    Amnesties and Forgiveness.Patrick Lenta - 2023 - Journal of Value Inquiry 57 (2):277-294.
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  12.  21
    Can transitional amnesties promote restorative justice?Patrick Lenta - forthcoming - Critical Review of International Social and Political Philosophy.
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  13.  40
    Do Lawyers need Philosophy?Patrick Lenta - 2003 - South African Journal of Philosophy 22 (1):82-97.
    Neo- pragmatists Richard Rorty and Stanley Fish have recently argued that philosophy has no consequences for legal practice (except, in the case of Fish, insofar as it carries rhetorical force). They have asserted not only that philosophy cannot provide absolute metaphysical foundations for legal practice, but also that philosophy cannot be used to criticise law. This essay examines Fish and Rorty's reasons for denying the practical force of philosophy. Although I agree with Rorty and Fish's non-foundationalism, I argue that in (...)
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  14.  28
    Forgiving and Forbearing Punishment.Patrick Lenta - 2020 - International Journal of Applied Philosophy 34 (2):201-214.
    Most philosophers who have expressed a view about whether forgiveness is compatible with forgivers’ continuing to punish, or support the punishment of, people who have wronged them hold that forgiveness is compatible with punishing or favouring punishment of wrongdoers. I argue that whether forgiveness entails forbearing punishment depends on which of two senses of forgiveness is operative. On the first, sentiment-based sense of forgiveness as consisting essentially in a change of heart on the part of a victim, a victim can, (...)
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  15. Howard College Campus.Lenta Patrick, Collier John & Farland Douglas - unknown
    This paper has three parts. You are to do all three parts. Read the instructions for each part carefully. Each part is worth 100 marks. The total value is 300 marks.
     
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  16.  38
    Is Corporal Punishment Torturous?Patrick Lenta - 2015 - Journal of Applied Philosophy 34 (1):74-88.
    The aim of this article is to determine whether fixed courses of judicial corporal punishment and non-abusive corporal punishment of children amount to torture. I assess the reasons that have been offered for distinguishing fixed courses of JCP from torture and argue that none is successful. I argue that non-consensual JCP that inflicts severe pain is appropriately classifiable as torture, but that JCP that inflicts mild pain and entirely consensual JCP are not torturous. I consider whether any of the reasons (...)
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  17.  6
    Jurisprudence in an African Context.Patrick Lenta - 2020 - Philosophia Africana 19 (1):86-100.
  18.  23
    Justice Without Foundations.Patrick Lenta - 2003 - Theoria 50 (101):109-123.
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  19.  55
    Transitional Justice and the Truth and Reconciliation Commission.Patrick Lenta - 2000 - Theoria 47 (96):52-73.
  20.  33
    The purposes of torture.Patrick Lenta - 2006 - South African Journal of Philosophy 25 (1):48-61.
    No. South African Journal of Philosophy Vol. 25(1) 2006: 48-61.
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  21.  45
    The Lex Talionis, the Purgative Rationale, and the Death Penalty.Patrick Lenta - 2015 - Criminal Justice Ethics 34 (1):42-63.
    In The Ethics of Capital Punishment: A Philosophical Investigation of Evil and Its Consequences, Matthew Kramer argues that none of the standard rationales used to justify capital punishment successfully vindicates it and that a new justification, the purgative rationale, justifies capital punishment for defilingly evil offenders. In this article, it is argued, first, that a version of retributivism that adheres to the lex talionis as Kramer understands it does seem to call exclusively for the death penalty. Second, it is submitted (...)
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  22.  31
    What Conditional Amnesty Is Not.Patrick Lenta - 2009 - Theoria: A Journal of Social and Political Theory 56 (120):44-64.
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  23.  2
    Law’s forgiveness: When should law forgive?, by Martha Minow, New York, W.W. Norton & Company, 2019, 256 pp., ISBN 0393081761. [REVIEW]Patrick Lenta - 2022 - Jurisprudence 13 (4):689-702.
    My purpose in this paper is to enquire into whether law can forgive. This line of inquiry must be distinguished from other possible avenues of investigation into the relation between law and forgiv...
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  24. Deane-Peter Baker lectures in philosophy at the University of Natal, and is an editor of Theoria. He is currently pursuing PhD studies through Macquarie University. Recent publications include 'Morality, Structure, Transcendence and Theism: A response to Melissa Lane's reading of Charles Taylor's Sources of the Self', forthcoming in Inter.Jacek Brzozowski, Matthew Festenstein, Marek Kwiek, Patrick Lenta & Christian Miller - forthcoming - Theoria.
     
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  25. Body-Self Dualism in Contemporary Ethics and Politics.Patrick Lee & Robert P. George - 2007 - New York ;: Cambridge University Press. Edited by Robert P. George.
    Profoundly important ethical and political controversies turn on the question of whether biological life is an essential aspect of a human person, or only an extrinsic instrument. Lee and George argue that human beings are physical, animal organisms - albeit essentially rational and free - and examine the implications of this understanding of human beings for some of the most controversial issues in contemporary ethics and politics. The authors argue that human beings are animal organisms and that their personal identity (...)
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  26. On the origin of conspiracy theories.Patrick Brooks - 2023 - Philosophical Studies 180 (12):3279-3299.
    Conspiracy theories are rather a popular topic these days, and a lot has been written on things like the meaning of _conspiracy theory_, whether it’s ever rational to believe conspiracy theories, and on the psychology and demographics of people who believe conspiracy theories. But very little has been said about why people might be led to posit conspiracy theories in the first place. This paper aims to fill this lacuna. In particular, I shall argue that, in open democratic societies, citizens (...)
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  27. Indeterminate truth.Patrick Greenough - 2008 - Midwest Studies in Philosophy 32 (1):213-241.
    In §2-4, I survey three extant ways of making sense of indeterminate truth and find each of them wanting. All the later sections of the paper are concerned with showing that the most promising way of making sense of indeterminate truth is via either a theory of truthmaker gaps or via a theory of truthmaking gaps. The first intimations of a truthmaker–truthmaking gap theory of indeterminacy are to be found in Quine (1981). In §5, we see how Quine proposes to (...)
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  28. Deletion as second death: the moral status of digital remains.Patrick Stokes - 2015 - Ethics and Information Technology 17 (4):237-248.
    There has been increasing attention in sociology and internet studies to the topic of ‘digital remains’: the artefacts users of social network services (SNS) and other online services leave behind when they die. But these artefacts also pose philosophical questions regarding what impact, if any, these artefacts have on the ontological and ethical status of the dead. One increasingly pertinent question concerns whether these artefacts should be preserved, and whether deletion counts as a harm to the deceased user and therefore (...)
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  29. On Hylemorphism and Personal Identity.Patrick Toner - 2009 - European Journal of Philosophy 19 (3):454-473.
    Abstract: There is no such thing as ‘the’ hylemorphic account of personal identity. There are several views that count as hylemorphic, and these views can be grouped into two main families—the corruptionist view, and the survivalist view. The differentiating factor is that the corruptionist view holds that the persistence of the soul is not sufficient for the persistence of the person, while the survivalist view holds that the persistence of the soul is sufficient for the persistence of the person. In (...)
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  30. A concise introduction to logic.Patrick J. Hurley - 2000 - Belmont, CA: Wadsworth. Edited by Lori Watson.
    Tens of thousands of students have learned to be more discerning at constructing and evaluating arguments with the help of Patrick J. Hurley. Hurley’s lucid, friendly, yet thorough presentation has made A CONCISE INTRODUCTION TO LOGIC the most widely used logic text in North America. In addition, the book’s accompanying technological resources, such as CengageNOW and Learning Logic, include interactive exercises as well as video and audio clips to reinforce what you read in the book and hear in class. (...)
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  31.  79
    Personhood and Death in St. Thomas Aquinas.Patrick Toner - 2009 - History of Philosophy Quarterly 26 (2):121 - 138.
  32. St. Thomas Aquinas on death and the separated soul.Patrick Toner - 2010 - Pacific Philosophical Quarterly 91 (4):587-599.
    Since St. Thomas Aquinas holds that death is a substantial change, a popular current interpretation of his anthropology must be mistaken. According to that interpretation – the ‘survivalist’ view – St. Thomas holds that we human beings survive our deaths, constituted solely by our souls in the interim between death and resurrection. This paper argues that St. Thomas must have held the ‘corruptionist’ view: the view that human beings cease to exist at their deaths. Certain objections to the corruptionist view (...)
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  33.  70
    Will and political legitimacy : a critical exposition of social contract theory in Hobbes, Locke, Rousseau, Kant, and Hegel.Patrick Riley (ed.) - 2000 - Replica Books.
    Presents an historical analysis of social contract theory by considering the works of prominent philosophers.
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  34. Entanglement, Upper Probabilities and Decoherence in Quantum Mechanics.Patrick Suppes & Stephan Hartmann - 2009 - In Mauro Dorato et al (ed.), EPSA 2007: Launch of the European Philosophy of Science Association. Springer. pp. 93--103.
    Quantum mechanical entangled configurations of particles that do not satisfy Bell’s inequalities, or equivalently, do not have a joint probability distribution, are familiar in the foundational literature of quantum mechanics. Nonexistence of a joint probability measure for the correlations predicted by quantum mechanics is itself equivalent to the nonexistence of local hidden variables that account for the correlations (for a proof of this equivalence, see Suppes and Zanotti, 1981). From a philosophical standpoint it is natural to ask what sort of (...)
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  35. Schopenhauer.Patrick Gardiner, Arthur Schopenhauer & E. Payne - 1966 - Revista Portuguesa de Filosofia 22 (2):212-212.
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  36. Moral Uncertainty, Pure Justifiers, and Agent-Centred Options.Patrick Kaczmarek & Harry R. Lloyd - forthcoming - Australasian Journal of Philosophy.
    Moral latitude is only ever a matter of coincidence on the most popular decision procedure in the literature on moral uncertainty. In all possible choice situations other than those in which two or more options happen to be tied for maximal expected choiceworthiness, Maximize Expected Choiceworthiness implies that only one possible option is uniquely appropriate. A better theory of appropriateness would be more sensitive to the decision maker’s credence in theories that endorse agent-centred prerogatives. In this paper, we will develop (...)
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  37. Epistemic Contextualism.Patrick Rysiew - 2007 - The Stanford Encyclopedia of Philosophy.
    Epistemic contextualism is a recent and hotly debated position. In its dominant form, EC is the view that the proposition expressed by a given knowledge sentence depends upon the context in which it is uttered. What makes this view interesting and controversial is that ‘context’ here refers, not to certain features of the putative subject of knowledge or his/her objective situation, but rather to features of the knowledge attributor' psychology and/or conversational-practical situation. As a result of such context-dependence, utterances of (...)
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  38. Emergence in Physics.Patrick McGivern & Alexander Rueger - 2010 - In Antonella Corradini & Timothy O'Connor (eds.), Emergence in science and philosophy. New York: Routledge. pp. 213-232.
    We examine cases of emergent behavior in physics, and argue for an account of emergence based on features of the phase space portraits of certain dynamical systems. On our account, the phase space portraits of systems displaying emergent behavior are topologically inequivalent to those of the systems from which they ‘emerge’. This account gives us an objective sense in which emergent phenomena are qualitatively novel, without involving the difficulties associated with downward causation and the like. We also argue that the (...)
     
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  39. St. Thomas Aquinas on the Problem of Too Many Thinkers.Patrick Toner - 2012 - Modern Schoolman 89 (3-4):209-222.
    It has been argued that St. Thomas Aquinas’s anthropological views fall prey to the problem of “Too Many Thinkers.” The worry, roughly, is that his views entail that I—a human person—am able to think, but that my soul—which is not a human person—is also able to think. Hence, too many thinkers: there are too many ofus having my thoughts. In this paper, I show why this is not a problem for St. Thomas. Along the way, I also address Peter Unger’s (...)
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  40.  19
    Against ‘functional gravitational energy’: a critical note on functionalism, selective realism, and geometric objects and gravitational energy.Patrick M. Duerr - 2019 - Synthese 199 (S2):299-333.
    The present paper revisits the debate between realists about gravitational energy in GR and anti-realists/eliminativists. I re-assess the arguments underpinning Hoefer’s seminal eliminativist stance, and those of their realist detractors’ responses. A more circumspect reading of the former is proffered that discloses where the so far not fully appreciated, real challenges lie for realism about gravitational energy. I subsequently turn to Lam and Read’s recent proposals for such a realism. Their arguments are critically examined. Special attention is devoted to the (...)
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  41.  16
    Religion, neuroscience and the self: a new personalism.Patrick McNamara - 2020 - New York, NY: Routledge.
    This book uses neuroscience discoveries concerning religious experiences, the Self and personhood to deepen, enhance and interrogate the theological and philosophical set of ideas known as Personalism. McNamara proposes a new eschatological form of personalism that is consistent with current neuroscience models of relevant brain functions concerning the self and personhood and that can meet the catastrophic challenges of the 21st century. Eschatological Personalism, rooted in the philosophical tradition of "Boston Personalism", takes as its starting point the personalist claim that (...)
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  42.  23
    7. Kierkegaard’s Critique of the Internet.Patrick Stokes - 2020 - In Mélissa Fox-Muraton (ed.), Kierkegaard and Issues in Contemporary Ethics. Boston: De Gruyter. pp. 125-146.
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  43.  11
    The Conduct of Inquiry in International Relations: Philosophy of Science and its Implications for the Study of World Politics.Patrick Thaddeus Jackson - 2010 - Routledge.
    __The Conduct of Inquiry in International Relations_ first edition was winner of the ISA-Northeast’s Yale H. Ferguson Award, and the ISA Theory Section’s Best Book of the Year award._ _The Conduct of Inquiry in International Relations_ provides an introduction to the philosophy of science issues and their implications for the study of global politics. The author draws attention to the problems caused by the misleading notion of a single unified scientific method, and proposes a framework that clarifies the variety of (...)
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  44. St. Thomas Aquinas on punishing souls.Patrick Toner - 2012 - International Journal for Philosophy of Religion 71 (2):103-116.
    The details of St. Thomas Aquinas’s anthropological view are subject to debate. Some philosophers believe he held that human persons survive their deaths. Other philosophers think he held that human persons cease to exist at their death, but come back into being at the general resurrection. In this paper, I defend the latter view against one of the most significant objections it faces, namely, that it entails that God punishes and rewards separated souls for the sins or merits of something (...)
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  45. Manipulation.Patrick Todd - 2013 - International Encyclopedia of Ethics.
    At the most general level, "manipulation" refers one of many ways of influencing behavior, along with (but to be distinguished from) other such ways, such as coercion and rational persuasion. Like these other ways of influencing behavior, manipulation is of crucial importance in various ethical contexts. First, there are important questions concerning the moral status of manipulation itself; manipulation seems to be mor- ally problematic in ways in which (say) rational persuasion does not. Why is this so? Furthermore, the notion (...)
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  46.  13
    Indeterminate Truth.Patrick Greenough - 1981 - In Felicia Ackerman (ed.), Midwest Studies in Philosophy. Minneapolis: University of Minnesota Press. pp. 213–241.
    This chapter contains sections titled: Preamble Conceptual Primitivism Concerning “Determinately” Incoherentism and Indeterminate Truth Slater on Indeterminate Truth Quine, Indeterminate Truth, and the Problem of the Many Truthmaker Gaps and Indeterminate Truth The Logic of Determinacy Worldly Indeterminacy: Williamson's Conception and the Ordinary Conception Minimal Versus Robust Forms of Worldly and Linguistic Indeterminacy Truthmaker Gaps and Knowledge Epistemicism, Third Possibility Views, and Indeterminate Truth Semantic Presupposition Failure and Indeterminate Truth Truthmaking Gaps and Indeterminate Truth The Queerness Objection Conclusion References.
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  47.  8
    Qu'est-ce que le matérialisme?: introduction à l'analyse des complexes discursifs.Patrick Tort - 2016 - Paris: Belin.
    Le matérialisme que ce livre interroge et construit n'est pas une « philosophie », mais la condition de possibilité et l'outil de la connaissance objective. Historiquement, il se confond, de fait, avec l'élaboration de la science moderne s'affranchissant graduellement des contrats de parole qui l'asservirent longtemps à la métaphysique et à la théologie. Comment cette émancipation s'est-elle effectuée en des temps où une croyance instituée dictait sa loi théologico-politique aux efforts de la connaissance en leur imposant a priori la limite (...)
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  48. The significance of Nichtigkeit in Schopenhauer’s account of the sublime.Patrick Hassan - 2023 - In David Bather Woods & Timothy Stoll (eds.), The Schopenhauerian mind. New York, NY: Routledge.
  49. Truthmaker Gaps and the No-No Paradox.Patrick Greenough - 2011 - Philosophy and Phenomenological Research 82 (3):547 - 563.
    Consider the following sentences: The neighbouring sentence is not true. The neighbouring sentence is not true. Call these the no-no sentences. Symmetry considerations dictate that the no-no sentences must both possess the same truth-value. Suppose they are both true. Given Tarski’s truth-schema—if a sentence S says that p then S is true iff p—and given what they say, they are both not true. Contradiction! Conclude: they are not both true. Suppose they are both false. Given Tarski’s falsity-schema—if a sentence S (...)
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  50. Vague perception.Patrick McKee - forthcoming - Philosophical Studies:1-23.
    I argue that some perceptual experiences are vague. To do so, I identify a characteristic feature of vagueness and show that some perceptual experiences have this feature. These include blurry experiences, experiences of color under low lighting, and experiences of number, as in the case of the speckled hen. The conclusion that these experiences are vague has two noteworthy consequences. First, it presses us to see whether and how existing theories of vagueness can be extended to perceptual experience. Second, it (...)
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