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Journal of Symbolic Logic 19 (1):117--44 (1951)

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  1. Judicial Discretion as a Result of Systemic Indeterminacy.Sebastián Reyes Molina - 2020 - Canadian Journal of Law and Jurisprudence 33 (2):369-395.
    The main claim of this paper is the following: In a typical rational legal system, legal adjudication is necessarily discretional. Discretion is the result of what I call ‘systemic indeterminacy’. Systemic indeterminacy is the thesis that claims that typical rational legal systems that have an interpretative code with more than one interpretative directive and the non-redundancy clause are necessarily indeterminate. Since typical rational legal systems do not have redundant rules a plurality of interpretative directives will necessarily yield a plurality of (...)
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  • Robustness, Reliability, and Overdetermination (1981).William C. Wimsatt - 2012 - In Lena Soler (ed.), Characterizing the robustness of science: after the practice turn in philosophy of science. New York: Springer Verlag. pp. 61-78.
    The use of multiple means of determination to “triangulate” on the existence and character of a common phenomenon, object, or result has had a long tradition in science but has seldom been a matter of primary focus. As with many traditions, it is traceable to Aristotle, who valued having multiple explanations of a phenomenon, and it may also be involved in his distinction between special objects of sense and common sensibles. It is implicit though not emphasized in the distinction between (...)
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  • Vagueness and Family Resemblance.Hanoch Ben-Yami - 2017 - In Hans-Johann Glock & John Hyman (eds.), A Companion to Wittgenstein. Chichester, West Sussex, 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, as is (...)
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  • Thought Experiments, Epistemology & our Cognitive Capacities.Kenneth R. Westphal - 2018 - In Michael T. Stuart, Yiftach Fehige & James Robert Brown (eds.), The Routledge Companion to Thought Experiments. London: Routledge.
    Does epistemology collapse for lack of resources other than logic, conceptual analysis and descriptions of one’s own apparent experiences, thoughts and beliefs? No, but understanding how and why not requires, Kant noted, a ‘changed method of thinking’. Some of these methodological changes are summarised in §2 in order to identify a philosophical role for thought experiments to help identify logically contingent, though cognitively fundamental capacities and circumstances necessary to human thought, experience and knowledge. As Kant also noted, experiments are only (...)
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  • Castles Built on Clouds: Vague Identity and Vague Objects.Benjamin L. Curtis & Harold W. Noonan - 2014 - In Ken Akiba & Ali Abasnezhad (eds.), Vague Objects and Vague Identity: New Essays on Ontic Vagueness. Dordrecht, Netherland: Springer. pp. 305-326.
    Can identity itself be vague? Can there be vague objects? Does a positive answer to either question entail a positive answer to the other? In this paper we answer these questions as follows: No, No, and Yes. First, we discuss Evans’s famous 1978 argument and argue that the main lesson that it imparts is that identity itself cannot be vague. We defend the argument from objections and endorse this conclusion. We acknowledge, however, that the argument does not by itself establish (...)
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  • An australian perspective on research and development required for the construction of applied legal decision support systems.John Zeleznikow - 2002 - Artificial Intelligence and Law 10 (4):237-260.
    At the Donald Berman Laboratory for Information Technology and Law, La TrobeUniversity Australia, we have been building legal decision support systems for a dozenyears. Whilst most of our energy has been devoted to conducting research in ArtificialIntelligence and Law, over the past few years we have increasingly focused uponbuilding legal decision support systems that have a commercial focus.In this paper we discuss the evolution of our systems. We begin with a discussion ofrule-based systems and discuss the transition to hybrid rule-based/case-based (...)
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  • Open texture, rigor, and proof.Benjamin Zayton - 2022 - Synthese 200 (4):1-20.
    Open texture is a kind of semantic indeterminacy first systematically studied by Waismann. In this paper, extant definitions of open texture will be compared and contrasted, with a view towards the consequences of open-textured concepts in mathematics. It has been suggested that these would threaten the traditional virtues of proof, primarily the certainty bestowed by proof-possession, and this suggestion will be critically investigated using recent work on informal proof. It will be argued that informal proofs have virtues that mitigate the (...)
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  • 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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  • Scepticism and deconstruction.S. J. Wilmore - 1987 - Man and World 20 (4):437-455.
  • On epistemic conceptions of meaning: Use, meaning and normativity.Daniel Whiting - 2008 - European Journal of Philosophy 17 (3):416-434.
    A number of prominent philosophers advance the following ideas: (1) Meaning is use. (2) Meaning is an intrinsically normative notion. Call (1) the use thesis, hereafter UT, and (2) the normativity thesis, hereafter NT. They come together in the view that for a linguistic expression to have meaning is for there to be certain proprieties governing its employment.1 These ideas are often associated with a third.
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  • Semantic underdetermination and the cognitive uses of language.Agustin Vicente & Fernando Martinez-Manrique - 2005 - Mind and Language 20 (5):537–558.
    According to the thesis of semantic underdetermination, most sentences of a natural language lack a definite semantic interpretation. This thesis supports an argument against the use of natural language as an instrument of thought, based on the premise that cognition requires a semantically precise and compositional instrument. In this paper we examine several ways to construe this argument, as well as possible ways out for the cognitive view of natural language in the introspectivist version defended by Carruthers. Finally, we sketch (...)
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  • Death, organ transplantation and medical practice.Thomas S. Huddle, Michael A. Schwartz, F. Amos Bailey & Michael A. Bos - 2008 - Philosophy, Ethics, and Humanities in Medicine 3:5.
    A series of papers in Philosophy, Ethics and Humanities in Medicine (PEHM) have recently disputed whether non-heart beating organ donors are alive and whether non-heart beating organ donation (NHBD) contravenes the dead donor rule. Several authors who argue that NHBD involves harvesting organs from live patients appeal to.
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  • Knowledge Construction in Legal Reasoning: A Three Stage Model of Law’s Evolution in Practical Discourse.Olaf Tans - 2018 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 31 (1):1-19.
    Seeing that socio-legal theory has produced a number of compelling grand theories about law’s development as a body of knowledge, this contribution analyzes legal evolution on the micro-level of decision-making in concrete cases. To that end, law finding is reconstructed as a three stage process of reason-based rule-construction. Legal evolution is argued to stem from the argumentative jumps that are made in this process in order to use what is initially drawn from the body of legal knowledge in new cases. (...)
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  • Vagueness, inexactness, and imprecision.R. G. Swinburne - 1969 - British Journal for the Philosophy of Science 19 (4):281-299.
    THERE IS OFTEN UNCERTAINTY ABOUT WHETHER SOME PREDICATE APPLIES TO SOME PHYSICAL OBJECT OR STATE. THIS UNCERTAINTY MAY HAVE ANY OF THREE SOURCES - VAGUENESS OF A TERM, INEXACTNESS OF A CONCEPT, OR PRACTICAL DIFFICULTY IN DETERMINING ITS APPLICABILITY. VARIOUS WAYS IN WHICH CONCEPTUAL INEXACTNESS OR PRACTICAL DIFFICULTY MAY PRODUCE UNCERTAINTY ARE DISTINGUISHED. NEITHER TERMINOLOGICAL VAGUENESS, NOR PRACTICAL DIFFICULTY IN DETERMINING THE APPLICABILITY OF A CONCEPT ARE NECESSARY FEATURES OF EVERY LANGUAGE IN EVERY PHYSICAL WORLD, BUT CONCEPTUAL INEXACTNESS IS A (...)
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  • Type and Spontaneity: Beyond Alfred Schutz’s Theory of the Social World.Jan Straßheim - 2016 - Human Studies 39 (4):493-512.
    Alfred Schutz’s theory of the social world, often neglected in philosophy, has the potential to capture the interplay of identity and difference which shapes our action, interaction, and experience in everyday life. Compared to still dominant identity-based models such as that of Jürgen Habermas, who assumes a coordination of meaning built on the idealisation of stable rules, Schutz’s theory is an important step forward. However, his central notion of a “type” runs into a difficulty which requires constructive criticism. Against the (...)
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  • Varieties of Deep Epistemic Disagreement.Paul Simard Smith & Michael Patrick Lynch - 2020 - Topoi 40 (5):971-982.
    In this paper we discuss three different kinds of disagreement that have been, or could reasonably be, characterized as deep disagreements. Principle level disagreements are disagreements over the truth of epistemic principles. Sub-principle level deep disagreements are disagreements over how to assign content to schematic norms. Finally, framework-level disagreements are holistic disagreements over meaning not truth, that is over how to understand networks of epistemic concepts and the beliefs those concepts compose. Within the context of each of these kinds of (...)
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  • Vagueness and Context.Stewart Shapiro & Eric Snyder - 2016 - Inquiry: An Interdisciplinary Journal of Philosophy 59 (4):343-381.
    A number of recent accounts for vague terms postulate a kind of context-sensitivity, one that kicks in after the usual ‘external’ contextual factors like comparison class are established and held fixed. In a recent paper, ‘Vagueness without Context Change’: 275–92), Rosanna Keefe criticizes all such accounts. The arguments are variations on considerations that have been brought against context-sensitive accounts of knowledge, predicates of personal taste, epistemic modals, and the like. The issues are well known and there are variety of options (...)
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  • 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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  • Translating Logical Terms.Stewart Shapiro - 2019 - Topoi 38 (2):291-303.
    The is an old question over whether there is a substantial disagreement between advocates of different logics, as they simply attach different meanings to the crucial logical terminology. The purpose of this article is to revisit this old question in light a pluralism/relativism that regards the various logics as equally legitimate, in their own contexts. We thereby address the vexed notion of translation, as it occurs between mathematical theories. We articulate and defend a thesis that the notion of “same meaning” (...)
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  • So truth is safe from paradox: now what?Stewart Shapiro - 2010 - Philosophical Studies 147 (3):445-455.
    The article is part of a symposium on Hartry Field’s “Saving truth from paradox”. The book is one of the most significant intellectual achievements of the past decades, but it is not clear what, exactly, it accomplishes. I explore some alternatives, relating the developed view to the intuitive, pre-theoretic notion of truth.
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  • CHIRON: Planning in an open-textured domain. [REVIEW]Kathryn E. Sanders - 2001 - Artificial Intelligence and Law 9 (4):225-269.
    Planning problems arise in law when an individual (or corporation)wants to perform a sequence of actions that raises legal issues. Manylawyers make their living planning transactions, and a system thathelped them to solve these problems would be in demand.The designer of such a system in a common-law domain must addressseveral difficult issues, including the open-textured nature of legal rules,the relationship between legal rules and cases, the adversarial nature ofthe domain, and the role of argument. In addition, the system's design isconstrained (...)
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  • Logic and science: science and logic.Marcus Rossberg & Stewart Shapiro - 2021 - Synthese 199 (3-4):6429-6454.
    According to Ole Hjortland, Timothy Williamson, Graham Priest, and others, anti-exceptionalism about logic is the view that logic “isn’t special”, but is continuous with the sciences. Logic is revisable, and its truths are neither analytic nor a priori. And logical theories are revised on the same grounds as scientific theories are. What isn’t special, we argue, is anti-exceptionalism about logic. Anti-exceptionalists disagree with one another regarding what logic and, indeed, anti-exceptionalism are, and they are at odds with naturalist philosophers of (...)
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  • Exclusion and Erasure: Two Types of Ontological Opression.Kevin Richardson - 2022 - Ergo: An Open Access Journal of Philosophy 9.
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  • What is said.François Recanati - 2001 - Synthese 128 (1-2):75--91.
  • Does linguistic communication rest on inference?François Recanati - 2002 - Mind and Language 17 (1-2):105–126.
    It is often claimed that, because of semantic underdetermination, one can determine the content of an utterance only by appealing to pragmatic considerations concerning what the speaker means, what his intentions are. This supports ‘inferentialism' : the view that, in contrast to perceptual content, communicational content is accessed indirectly, via an inference. As against this view, I argue that primary pragmatic processes (the pragmatic processes that are involved in the determination of truth-conditional content) need not involve an inference from premisses (...)
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  • Destabiliser le sens.François Récanati - 2001 - Revue Internationale de Philosophie 216 (2):197-208.
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  • Responses to Discussants.Diana Raffman - 2015 - Philosophy and Phenomenological Research 90 (2):483-501.
  • Transnational Legal Communication: Towards Comprehensible and Consistent Law.Joanna Osiejewicz - 2020 - Foundations of Science 25 (2):441-475.
    Transnational legal communication seeks to identify transnational legal regimes and attempts to establish channels and technics for comprehensible communication of the legal information to specified groups of recipients. It also strives to conclude about possible inconsistencies in law. The approach is based on the cooperation of scientists within the area of law and applied linguistics and the coordination of their efforts, in order to conduct research from various perspectives, share conclusions and develop more complete approaches as well as achieve and (...)
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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 fallacy , (...)
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  • Understanding the law: Improving legal knowledge dissemination by translating the contents of formal sources of law. [REVIEW]Laurens Mommers, Wim Voermans, Wouter Koelewijn & Hugo Kielman - 2009 - Artificial Intelligence and Law 17 (1):51-78.
    Considerable attention has been given to the accessibility of legal documents, such as legislation and case law, both in legal information retrieval (query formulation, search algorithms), in legal information dissemination practice (numerous examples of on-line access to formal sources of law), and in legal knowledge-based systems (by translating the contents of those documents to ready-to-use rule and case-based systems). However, within AI & law, it has hardly ever been tried to make the contents of sources of law, and the relations (...)
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  • On the Non‐discursive Nature of Competence.Gerard Lum - 2004 - Educational Philosophy and Theory 36 (5):485-496.
  • Coordination in theory extension: How Reichenbach can help us understand endogenization in evolutionary biology.Michele Luchetti - 2021 - Synthese (3-4):1-26.
    Reichenbach’s early solution to the scientific problem of how abstract mathematical representations can successfully express real phenomena is rooted in his view of coordination. In this paper, I claim that a Reichenbach-inspired, ‘layered’ view of coordination provides us with an effective tool to systematically analyse some epistemic and conceptual intricacies resulting from a widespread theorising strategy in evolutionary biology, recently discussed by Okasha (2018) as ‘endogenization’. First, I argue that endogenization is a form of extension of natural selection theory that (...)
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  • Do we need two notions of natural kind to account for the history of “jade”?Françoise Longy - 2018 - Synthese 195 (4):1459-1486.
    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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  • Social concepts: Normativity without relativity.Kristján Kristjánsson - 1995 - Res Publica 1 (1):71-89.
  • Modeling the Evolution of Legal Discretion. An Artificial Intelligence Approach.Ruth Kannai, Uri Schild & John Zeleznikow - 2007 - Ratio Juris 20 (4):530-558.
    Much legal research focuses on understanding how judicial decision-makers exercise their discretion. In this paper we examine the notion of legal or judicial discretion, and weaker and stronger forms of discretion. At all times our goal is to build cognitive models of the exercise of discretion, with a view to building computer software to model and primarily support decision-making. We observe that discretionary decision-making can best be modeled using three independent axes: bounded and unbounded, defined and undefined, and binary and (...)
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  • Charting the logical geography of the concept of “cease-fire”.PaulL Jalbert - 1992 - Human Studies 15 (2-3):265 - 290.
  • Epistemicism, paradox, and conditional obligation.Ivan Hu - 2015 - Philosophical Studies 172 (8):2123-2139.
    Stewart Shapiro has objected to the epistemicist theory of vagueness on grounds that it gives counterintuitive predictions about cases involving conditional obligation. This paper details a response on the epistemicist’s behalf. I first argue that Shapiro’s own presentation of the objection is unsuccessful as an argument against epistemicism. I then reconstruct and offer two alternative arguments inspired by Shapiro’s considerations, and argue that these fail too, given the information-sensitive nature of conditional obligations.
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  • Wittgenstein’s influence on Austin’s philosophy of language.Daniel W. Harris & Elmar Unnsteinsson - 2018 - British Journal for the History of Philosophy 26 (2):371-395.
    Many philosophers have assumed, without argument, that Wittgenstein influenced Austin. More often, however, this is vehemently denied, especially by those who knew Austin personally. We compile and assess the currently available evidence for Wittgenstein’s influence on Austin’s philosophy of language. Surprisingly, this has not been done before in any detail. On the basis of both textual and circumstantial evidence we show that Austin’s work demonstrates substantial engagement with Wittgenstein’s later philosophy. In particular, Austin’s 1940 paper, ‘The Meaning of a Word’, (...)
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  • Hard cases: A procedural approach. [REVIEW]Jaap C. Hage, Ronald Leenes & Arno R. Lodder - 1993 - Artificial Intelligence and Law 2 (2):113-167.
    Much work on legal knowledge systems treats legal reasoning as arguments that lead from a description of the law and the facts of a case, to the legal conclusion for the case. The reasoning steps of the inference engine parallel the logical steps by means of which the legal conclusion is derived from the factual and legal premises. In short, the relation between the input and the output of a legal inference engine is a logical one. The truth of the (...)
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  • The contingencies of ambiguity.I. Hacking - 2007 - Analysis 67 (4):269-277.
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  • Human Rationality Challenges Universal Logic.Brian R. Gaines - 2010 - Logica Universalis 4 (2):163-205.
    Tarski’s conceptual analysis of the notion of logical consequence is one of the pinnacles of the process of defining the metamathematical foundations of mathematics in the tradition of his predecessors Euclid, Frege, Russell and Hilbert, and his contemporaries Carnap, Gödel, Gentzen and Turing. However, he also notes that in defining the concept of consequence “efforts were made to adhere to the common usage of the language of every day life.” This paper addresses the issue of what relationship Tarski’s analysis, and (...)
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  • The Concept of Law, Sixty Years On.Iii Fernando - 2021 - Kritike 15 (2):68-95.
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  • Borderline Cases, Incompatibilism, and Plurivaluationism.Paul Egré - 2015 - Philosophy and Phenomenological Research 90 (2):457-466.
  • Philosophical and Linguistic Sources of Herbert L. A. Hart’s Theory of Law.Katarzyna Doliwa - 2016 - Studies in Logic, Grammar and Rhetoric 46 (1):231-254.
    The paper presents H. L. A. Hart as a leading exponent of the analytic orientation in legal philosophy. Hart showed that the principles and methods of analytic philosophy yield fruitful implications to law, where they may foster fresh ideas and innovative solutions. The text emphasizes the linguistic aspect of Hart’s works; his achievements in legal theory are discussed in the context of the principles of ordinary language philosophy.
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  • Language and the “achilles” paradox.D. Nolan Kaiser - 1968 - Philosophia Mathematica (1-2):11-23.
  • On 'Interests' in Politics.William E. Connolly - 1972 - Politics and Society 2 (4):459-477.
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  • Taxa, individuals, clusters and a few other things.Donald H. Colless - 2006 - Biology and Philosophy 21 (3):353-367.
    The recognition of species proceeds by two fairly distinct phases: (1) the sorting of individuals into groups or basic taxa (‘discovery’) (2) the checking of those taxa as candidates for species-hood (‘justification’). The target here is a rational reconstruction of phase 1, beginning with a discussion of key terms. The transmission of ‘meaning’ is regarded as bimodal: definition states the intension of the term, and diagnosis provides a disjunction of criteria for recognition of its extension. The two are connected by (...)
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  • A Note on Belief Reports and Context Dependence.Tadeusz Ciecierski - 2017 - Acta Analytica 32 (4):447-464.
    The aim of this paper is to pose a problem for theories that claim that belief reports are context dependent. Firstly, I argue that the claim is committed to verbalism, a theory that derives the context sensitivity of belief reports from the context sensitivity of the psychological verbs used in such reports. Secondly, I argue that verbalism is not an attractive theoretical option because it is in conflict with the non-proto-rigidity of verbs like ‘believe’. Finally, I describe various consequences that (...)
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  • What is the Reason for This Rule? An Inferential Account of the Ratio Legis.Damiano Canale & Giovanni Tuzet - 2010 - Argumentation 24 (2):197-210.
    Several legal arguments use the notion of ratio legis in order to sustain a normative conclusion, in particular the argument from analogy and some forms of teleological argumentation. However, determining the ratio is often a difficult and controversial task. In this paper we look firstly at the speech acts typically performed by legal practitioners in order to determine the ratio and, secondly, we take into account the argumentative commitments they undertake in so doing and the argumentative constraints put on them. (...)
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  • Vagueness, Kant and Topology: a Study of Formal Epistemology.Giovanni Boniolo & Silvio Valentini - 2008 - Journal of Philosophical Logic 37 (2):141-168.
    In this paper we propose an approach to vagueness characterised by two features. The first one is philosophical: we move along a Kantian path emphasizing the knowing subject’s conceptual apparatus. The second one is formal: to face vagueness, and our philosophical view on it, we propose to use topology and formal topology. We show that the Kantian and the topological features joined together allow us an atypical, but promising, way of considering vagueness.
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