Results for 'Constitutional Realism'

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  1. Connie Rosati, University of Arizona.Constitutional Realism - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press.
     
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  2. Adams, David M." Objectivity, Moral Truth, and Constitutional Doctrine: A Comment on R. George Wright's' Is Natural Law Theory of Any Use in Constitutional Interpretation?'" Southern California Interdisciplinary Law Journal 4 (1995): 489-500. Alexander, Larry, and Ken Kress." Against Legal Principles," in A. Marmor (ed.), Law and Interpretation: Essays in Legal Philosophy. Oxford: Clarendon Press, 1995. [REVIEW]Robert L. Arrington & Realism Rationalism - 2001 - In Brian Leiter (ed.), Objectivity in Law and Morals. Cambridge University Press. pp. 4--331.
  3.  25
    Political Moralism and Constitutional Reasoning: A Reply to Bernard Williams.Roni Mann - 2020 - Res Publica 27 (2):235-253.
    Williams’s well-known critique of the ‘moralism’ of liberal political philosophy—its disconnect from political reality—holds special significance for the theory and practice of constitutional adjudication, where calls for ‘realism’ increasingly resound. Is constitutional discourse also guilty of moralism—as Williams himself thought—or might it succeed where political philosophy has failed? This paper reconstructs Williams’s critique of political moralism as one that decries the empty idealism of the philosophical project of abstraction: the quest for general, timeless, and universal principles drains (...)
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  4. When Realism Made a Difference: The Constitution of Matter and its Conceptual Enigmas in Late 19th Century Physics.Torsten Wilholt - 2008 - Studies in History and Philosophy of Science Part B: Studies in History and Philosophy of Modern Physics 39 (1):1-16.
    The late 19th century debate among German-speaking physicists about theoretical entities is often regarded as foreshadowing the scientific realism debate. This paper brings out differences between them by concentrating on the part of the earlier debate that was concerned with the conceptual consistency of the competing conceptions of matter—mainly, but not exclusively, of atomism. Philosophical antinomies of atomism were taken up by Emil Du Bois-Reymond in an influential lecture in 1872. Such challenges to the consistency of atomism had repercussions (...)
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  5.  23
    Constitution, evidence, and an argument for realism: responses to Bird’s Knowing Science.Isaac Wilhelm - 2023 - Asian Journal of Philosophy 2 (2):1-10.
    What sorts of aims, or goals, are constitutive of science? How does scientific evidence relate to the knowledge that science produces? And can the No Miracles Argument for scientific realism be defended against concerns about the explanatory capacity of truth? In Knowing Science, Bird engages with questions like these at length. In this paper, I engage with these questions too. I raise some concerns for the view that aiming at knowledge is constitutive of science. I provide three counterexamples to (...)
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  6.  37
    When realism made a difference: The constitution of matter and its conceptual enigmas in late 19th century physics.Torsten Wilholt - 2008 - Studies in History and Philosophy of Science Part B: Studies in History and Philosophy of Modern Physics 39 (1):1-16.
    The late 19th century debate among German-speaking physicists about theoretical entities is often regarded as foreshadowing the scientific realism debate. This paper brings out differences between them by concentrating on the part of the earlier debate that was concerned with the conceptual consistency of the competing conceptions of matter---{}mainly, but not exclusively, of atomism. Philosophical antinomies of atomism were taken up by Emil Du Bois-Reymond in an influential lecture in 1872. Such challenges to the consistency of atomism had repercussions (...)
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  7.  43
    Beyond realism and idealism husserl’s late concept of constitution.Dan Zahavi - 1994 - Danish Yearbook of Philosophy 29 (1):44-62.
  8. Realism versus the constitution.Max Ascoli - forthcoming - Social Research: An International Quarterly.
     
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  9. Legal Formalism, Legal Realism, and the Interpretation of Statutes and the Constitution.Richard Posner - 1986 - Case Western Reserve Law Review 37 (2):179–217.
    A current focus of legal debate is the proper role of the courts in the interpretation of statutes and the Constitution. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as legal formalists had purported to do? Or may the inquiry into meaning be informed by perhaps unbridled and unaccountable judicial notions of public policy, using legal realism to best promote the general welfare? Judge Posner considers the (...)
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  10. Theism and Realism: God in the (Humanly Constituted) World.Carlos Miguel Gómez & Angel Rivera-Novoa - 2022 - European Journal for Philosophy of Religion 14 (4):96-122.
    This paper attempts to delineate a kind of realism, which incorporates some anti-realistic insights regarding the perspective, situated, and historical character of our forms of knowing and being in the world, and which resonates with the basic tenets of Christian theism. The first part of the paper analyzes the challenges anti-realism poses to Christian theism, particularly regarding the role, which the doctrine of creation played in securing the correspondence theory of truth as well as the fundamental experience of (...)
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  11. Realism in political theory.William Galston - 2010 - European Journal of Political Theory 9 (4):385-411.
    In recent decades, a ‘realist’ alternative to ideal theories of politics has slowly taken shape. Bringing together philosophers, political theorists, and political scientists, this countermovement seeks to reframe inquiry into politics and political norms. Among the hallmarks of this endeavor are a moral psychology that includes the passions and emotions; a robust conception of political possibility and rejection of utopian thinking; the belief that political conflict — of values as well as interests — is both fundamental and ineradicable; a focus (...)
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  12. Naïve Realism in Kantian Phrase.Anil Gomes - 2017 - Mind 126 (502):529-578.
    Early twentieth-century philosophers of perception presented their naïve realist views of perceptual experience in anti-Kantian terms. For they took naïve realism about perceptual experience to be incompatible with Kant’s claims about the way the understanding is necessarily involved in perceptual consciousness. This essay seeks to situate a naïve realist account of visual experience within a recognisably Kantian framework by arguing that a naïve realist account of visual experience is compatible with the claim that the understanding is necessarily involved in (...)
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  13.  34
    Ontogenesis Versus Morphogenesis Towards an Anti-realist Model of the Constitution of Society.Christoforos Bouzanis - 2016 - Human Studies 39 (4):569-599.
    This article firstly criticizes Margaret Archer’s Morphogenetic Approach for being indecisive about the realist notion of emergence it proposes as well as for her inadequate account of structural conditioning. It is argued that critical realists’ conceptualizations of emergence cannot but lead to inconsistencies about the adequate placement of agents as parts of emergent entities. The inconsistencies to which these conceptualizations lead necessitate an anti-realist model of the constitution of societies which takes into account that social structures are existentially dependent upon (...)
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  14. Informational realism.Luciano Floridi - manuscript
    What is the ultimate nature of reality? This paper defends an answer in terms of informational realism (IR). It does so in three stages. First, it is shown that, within the debate about structural realism (SR), epistemic (ESR) and ontic (OSR) structural realism are reconcilable by using the methodology of the levels of abstractions. It follows that OSR is defensible from a structuralist-friendly position. Second, it is argued that OSR is also plausible, because not all related objects (...)
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  15. Moral realism and semantic accounts of moral vagueness.Ali Abasnezhad - 2023 - Inquiry: An Interdisciplinary Journal of Philosophy 66 (3):381-393.
    Miriam Schoenfield argues that moral realism and moral vagueness imply ontic vagueness. In particular, she argues that neither shifty nor rigid semantic accounts of vagueness can provide a satisfactory explanation of moral vagueness for moral realists. This paper constitutes a response. I argue that Schoenfield's argument against the shifty semantic account presupposes that moral indeterminacies can, in fact, be resolved determinately by crunching through linguistic data. I provide different reasons for rejecting this assumption. Furthermore, I argue that Schoenfield's rejection (...)
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  16.  28
    The Splendors and Miseries of Constitutional Reasoning in Times of Global Crisis: A Critical Look from the Realist Perspectives of Semiotics.Vadim Verenich - 2014 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 27 (4):687-711.
    The European Stability Mechanism is the rescue fund that may grant loans to struggling euro zone governments by issuing bonds, collectively by the euro zone members. The implementation of the ESM spawned a lot of legal challenges brought to higher judicial authority in Ireland, Austria, Estonia, Germany and Poland. In the fall of 2012 the ESM was subject to legal analysis in the Estonian National Court, the German Constitutional Court, and in the European Court of Justice. Delivering much anticipated (...)
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  17. Realistic realism about unrealistic models.Uskali Mäki - 2009 - In Don Ross & Harold Kincaid (eds.), The Oxford Handbook of Philosophy of Economics. New York: Oxford University Press.
    My philosophical intuitions are those of a scientific realist. In addition to being realist in its philosophical outlook, my philosophy of economics also aspires to be realistic in the sense of being descriptively adequate, or at least normatively non-utopian, about economics as a scientific discipline. The special challenge my philosophy of economics must meet is to provide a scientific realist account that is realistic of a discipline that deals with a complex subject matter and operates with highly unrealistic models. Unrealisticness (...)
     
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  18.  3
    Realism, irrationality, and spinor spaces.Adrian Heathcote - 2023 - Zagadnienia Filozoficzne W Nauce 75:15-57.
    Mathematics, as Eugene Wigner noted, is unreasonably effective in physics. The argument of this paper is that the disproportionate attention that philosophers have paid to discrete structures such as the natural numbers, for which a nominalist construction may be possible, has deprived us of the best argument for Platonism, which lies in continuous structures—in fields and their derived algebras, such as Clifford algebras. The argument that Wigner was making is best made with respect to such structures—in a loose sense, with (...)
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  19.  41
    Critical realist hermeneutics.Frédéric Vandenberghe - 2022 - Journal of Critical Realism 21 (5):552-570.
    The article resituates critical realism within critical theory and proposes a tripartite articulation of British critical realism, German critical theory and French anti-utilitarianism. It suggests that the critique of positivism has to be enhanced with a critique of utilitarianism and makes the case that both critiques have to be grounded in a hermeneutic approach to social life. By taking the symbolic constitution of the world seriously, critical realist hermeneutics offers a via media between naturalism and anti-naturalism, explanation and (...)
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  20. Naive Realist Perspectives on Seeing Blurrily.Craig French - 2014 - Ratio 27 (4):393-413.
    Naive realists hold that experience is to be understood in terms of an intimate perceptual relation between a subject and aspects of the world, relative to a certain standpoint. Those aspects of the world themselves shape the contours of consciousness. But blurriness is an aspect of some of our experiences that does not seem to come from the world. I argue that this constitutes a significant challenge to some forms of naive realism. But I also argue that there is (...)
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  21.  12
    Naive Realist Perspectives on Seeing Blurrily.Craig French - 2015 - In James Stazicker (ed.), The Structure of Perceptual Experience. Hoboken, NJ, USA: Wiley. pp. 31–51.
    Naive realists hold that experience is to be understood in terms of an intimate perceptual relation between a subject and aspects of the world, relative to a certain standpoint. Those aspects of the world themselves shape the contours of consciousness. But blurriness is an aspect of some of our experiences that does not seem to come from the world. I argue that this constitutes a significant challenge to some forms of naive realism. But I also argue that there is (...)
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  22.  31
    A realistic conception of politics: conflict, order and political realism.Carlo Burelli - 2019 - Critical Review of International Social and Political Philosophy 24 (7):977-999.
    In this paper I unpack a realistic conception of politics by tightly defining its constitutive features: conflict and order. A conflict emerges when an actor is disposed to impose his/her views against the resistance of others. Conflicts are more problematic than moralists realize because they emerge unilaterally, are potentially violent, impermeable to content-based reason, and unavoidable. Order is then defined as an institutional framework that provides binding collective decisions. Order is deemed necessary because individuals need to cooperate to survive, but (...)
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  23.  26
    Constitution Through Noema and Horizon: Husserl’s Theory of Intentionality.David Woodruff Smith - 2023 - In Patrick Londen, Jeffrey Yoshimi & Philip Walsh (eds.), Horizons of Phenomenology: Essays on the State of the Field and Its Applications. Springer Verlag. pp. 63-80.
    Husserlian phenomenology develops around Husserl’s theory of the complex structure of intentionality, featuring key notions of noesis, noema, horizon, and the constitution of objects of consciousness. By virtue of the structures of noema and horizon found in our experience, things in the world around us are said to be “constituted” in consciousness (along with self and other). The present essay explores intentionality and constitution as modeled in lines of interpretation that extend classical Husserlian phenomenology. The resulting “semantic” approach to intentionality (...)
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  24. Naïve Realism and the Relationality of Phenomenal Character.Roberta Locatelli - 2023 - Topoi 43 (1).
    Naïve realism (also called ‘relationalism’ or ‘object view’) is becoming increasingly popular, but the specific outline of its commitments remains often underspecified by proponents and misunderstood by critics. Naïve realism is associated with two claims, both concerning genuine, veridical perceptual experience (where this excludes hallucinations). Constitutive Claim (CC): The phenomenal character of perception is (partly) constituted by the mind-independent objects in one’s surrounding and their properties. Relational Claim (RC): Perception is a relation to mind-independent objects in the environment (...)
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  25. Realism in Context: The Examples of Lifeworld and Quantum Physics.Gregor Schiemann - 2009 - Human Affairs 19 (2):211-222.
    Lifeworld realism and quantum-physical realism are taken as experience-dependent conceptions of the world that become objects of explicit reflection when confronted with context-external discourses. After a brief sketch of the two contexts of experience—lifeworld and quantum physics—and their realist interpretations, I will discuss the quantum world from the perspective of lifeworld realism. From this perspective, the quantum world—roughly speaking—has to be either unreal or else constitute a different reality. Then, I invert the perspective and examine the lifeworld (...)
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  26. VII—Naive Realism and Diaphaneity.Craig French - 2018 - Proceedings of the Aristotelian Society 118 (2):149-175.
    Naïve Realists think that the ordinary mind-independent objects that we perceive are constitutive of the character of experience. Some understand this in terms of the idea that experience is diaphanous: that the conscious character of a perceptual experience is entirely constituted by its objects. My main goal here is to argue that Naïve Realists should reject this, but I’ll also highlight some suggestions as to how Naïve Realism might be developed in a non-diaphanous direction.
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  27.  99
    Whose Realism? Which Legitimacy? Ideologies of Domination and Post-Rawlsian Political Theory.William Clare Roberts - 2022 - Analyse & Kritik 44 (1):41-60.
    There is something amiss about post-Rawlsian efforts to bring political theory down to earth by insisting upon the political primacy of the question of legitimacy, peace, or order. The intuition driving much realism seems to be that we must first agree to get along, and only then can we get down to the business of pursuing justice. I argue that the ideological narratives of the powerful pose a political problem for this primacy of legitimacy thesis. To prioritize the achievement (...)
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  28.  24
    Structural realism and theory classification.Federico Benitez - 2023 - Theoria 89 (5):734-747.
    Ontic structural realism constitutes a promising take on scientific realism, one that avoids the well‐known issues that realist stances have with underdetermination and theory change. In its most radical versions, ontic structural realism proposes a type of eliminativism about theoretical entities, ascribing ontological commitment only to the structures, and not to the objects appearing in our theories. More moderate versions of ontic structural realism have also been proposed, allowing for ‘thin’ objects in the ontology. This work (...)
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  29. Against quietist normative realism.Tristram McPherson - 2011 - Philosophical Studies 154 (2):223-240.
    Recently, some philosophers have suggested that a form of robust realism about ethics, or normativity more generally, does not face a significant explanatory burden in metaphysics. I call this view metaphysically quietist normative realism . This paper argues that while this view can appear to constitute an attractive alternative to more traditional forms of normative realism, it cannot deliver on this promise. I examine Scanlon’s attempt to defend such a quietist realism, and argue that rather than (...)
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  30.  24
    A realistic conception of politics: conflict, order and political realism.Carlo Burelli - 2021 - Critical Review of International Social and Political Philosophy 24 (7):977-999.
    In this paper I unpack a realistic conception of politics by tightly defining its constitutive features: conflict and order. A conflict emerges when an actor is disposed to impose his/her views against the resistance of others. Conflicts are more problematic than moralists realize because they emerge unilaterally, are potentially violent, impermeable to content-based reason, and unavoidable. Order is then defined as an institutional framework that provides binding collective decisions. Order is deemed necessary because individuals need to cooperate to survive, but (...)
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  31.  63
    Political Realism as Methods not Metaethics.Jonathan Leader Maynard - 2022 - Ethical Theory and Moral Practice 25 (3):449-463.
    This paper makes the case for a revision of contemporary forms of political realism in political theory. I argue that contemporary realists have gone awry in increasingly centring their approach around a metaethical claim: that political theory should be rooted in a political form of normativity that is distinct from moral normativity. Several critics of realism have argued that this claim is unconvincing. But I suggest that it is also a counterintuitive starting point for realism, and one (...)
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  32.  40
    Retail Realism and Wholesale Treatments of Theoretical Entities.Jonathon Hricko - manuscript
    According to retail realism, we ought to abandon wholesale arguments, which purport to demonstrate realism or anti-realism about theoretical entities in general, and embrace retail arguments, which purport to demonstrate realism or anti-realism about specific kinds of theoretical entities. My aim is to argue that there is a further wholesale element that retail realism must avoid in order to qualify as a viable position. In order to do so, I distinguish between what I call (...)
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  33. Naïve Realism and the Cognitive Penetrability of Perception.Dan Cavedon-Taylor - 2018 - Analytic Philosophy 59 (3):391-412.
    Perceptual experience has representational content. My argument for this claim is an inference to the best explanation. The explanandum is cognitive penetration. In cognitive penetration, perceptual experiences are either causally influenced, or else are partially constituted, by mental states that are representational, including: mental imagery, beliefs, concepts and memories. If perceptual experiences have representational content, then there is a background condition for cognitive penetration that renders the phenomenon prima facie intelligible. Naïve realist or purely relational accounts of perception leave cognitive (...)
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  34. Internal realism and the problem of religious diversity.Victoria S. Harrison - 2006 - Philosophia 34 (3):287-301.
    This article applies Hilary Putnam’s theory of internal realism to the issue of religious plurality. The result of this application – ‘internalist pluralism’ – constitutes a paradigm shift within the Philosophy of Religion. Moreover, internalist pluralism succeeds in avoiding the major difficulties faced by John Hick’s famous theory of religious pluralism, which views God, or ‘the Real,’ as the noumenon lying behind diverse religious phenomena. In side-stepping the difficulties besetting Hick’s revolutionary Kantian approach, without succumbing to William Alston’s critique (...)
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  35.  87
    A Realist Approach in Analytic Theology and the Islamic Tradition.Abbas Ahsan - 2017 - Philosophy and Theology 29 (1):101-132.
    I shall argue that the prominent realist methodological approach that is adopted by majority of analytic theologians is inconsistent with the Islamic tradition. I will propose that the realist outlook is constituted of two essential components – metaphysical theological realism and epistemic theological realism – both of which fail to be amenable with the Islamic tradition. The prime reason for this, as I shall demonstrate, is that both metaphysical theological realism and epistemic theological realism divest the (...)
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  36. Realism in Theology and Metaphysics.Michael C. Rea - 2007 - In Conor Cunningham & Peter M. Candler (eds.), Belief and Metaphysics. SCM Press. pp. 323-344.
    The paper will have three sections. In section one I briefly present and respond to Byrne’s argument against theological realism. In section two, I present van Fraassen’s argument against analytic metaphysics and I show how, if sound, it constitutes a reason to reject both metaphysical and theological realism. In section three, I show how van Fraassen can be answered. Obviously what I am doing here falls far short of a full-blown defense of realism in either metaphysics or (...)
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  37.  48
    Naïve realism, imagination and hallucination.Takuya Niikawa - 2023 - Phenomenology and the Cognitive Sciences:1-21.
    Naïve realists hold that the phenomenology of veridical perceptual experience is in part constituted by environmental objects that the subject is perceiving. Although naïve realism is well-motivated by considering the cognitive and epistemic roles of the phenomenology of veridical perceptual experience, it is considered difficult to explain hallucinatory and imaginative experiences. This paper provides three arguments to address these explanatory problems systematically on behalf of naïve realism. First, I argue that the imagination view of hallucination (IH), which states (...)
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  38.  30
    Naïve realism and seeing aspects.Daniel E. Kalpokas - forthcoming - Phenomenology and the Cognitive Sciences:1-16.
    Naïve realism is the view according to which perception is a non-representational relation of conscious awareness to mind-independent objects and properties. According to this approach, the phenomenal character of experience is constituted by just the objects, properties, or facts presented to the senses. In this article, I argue that such a conception of the phenomenology of experience faces a clear counter-example, i.e., the experience of seeing aspects. The discussion suggests that, to accommodating such a kind of experience, it must (...)
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  39. The Norms of Realism and the Case of Non-Traditional Casting.Catharine Abell - 2022 - Ergo 9.
    This paper concerns the conditions under which realism is an artistic merit in perceptual narratives, and its consequences for the practice of non-traditional casting. Perceptual narratives are narrative representations that perceptually represent at least some of their contents, and include works of film, television, theatre and opera. On certain construals of the conditions under which realism is an artistic merit in such works, non-traditional casting, however morally merited, is often artistically flawed. I defend an alternative view of the (...)
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  40.  21
    Realism and Contingency.Tom Brock & Mark Carrigan - 2015 - Journal for the Theory of Social Behaviour 45 (3):377-396.
    This paper constitutes an extended response to Athanasia Chalari's paper The Causal Impact of Resistance, which suggests that one may derive from internal conversations a causal explanation of resistance. In the context of our engagements with critical realism and digital research into social movements, we review Chalari's main argument, before applying it to a concrete case: the student protests in London, 2010. Whilst our account is sympathetic to Chalari's focus on interiority, we critique the individualism that is implicit in (...)
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  41.  11
    Political realism, modus vivendi and agonistic democracy.Cicerón Muro Cabral - 2023 - Isegoría 69:e07.
    Political realism points out that politics is to create and sustain a legitimate order in a context of persistent disagreement, with the possible surge of conflicts, and where political power inevitably uses coercion. Political realists contend that modus vivendi is a contingent political arrangement at the level of the political constitution that allows diverse groups of people to coexist peacefully. Proposals of modus vivendi do not say enough about how to manage disagreements and conflicts. In this paper, I argue (...)
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  42. The Realistic Angel: Pictorial Realism as Hypothetical Verity.Christopher Buckman - 2015 - Aesthetic Investigations 1 (1):49-58.
    My main objective in this paper is to formulate a view of pictorial realism I call ‘hypothetical verity’. It owes much to John Kulvicki but diverges from his view in an important respect: rather than thinking that realistic pictures are true to our conceptions of things, I hold that they are true to what things would be like if they existed. In addition, I agree with Dominic Lopes that different realisms reflect different aspects of reality, but restate the case (...)
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  43.  17
    A realist membership account of political obligation.Zoltán Gábor Szűcs - 2023 - Ethical Theory and Moral Practice (5):1-16.
    The paper offers a realist account of political obligation. More precisely, it offers an account that belongs to the Williamsian liberal strain of contemporary realist theory (as opposed to a Geussian radical realist strain) and draws on and expands some ideas familiar from Bernard Williams’s oeuvre (thick/thin ethical concepts, political realism/moralism, a minimal normative threshold for distinctively political rule). Accordingly, the paper will claim that the fact of membership in a polity provides people with sufficient reason for complying with (...)
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  44. Realism, Instrumentalism, Particularism: A Middle Path Forward in the Scientific Realism Debate.P. Kyle Stanford - 2021 - In Timothy D. Lyons & Peter Vickers (eds.), Contemporary Scientific Realism: The Challenge From the History of Science. New York, NY: Oxford University Press.
    I've previously suggested that the historical evidence used to challenge scientific realism should lead us to embrace what I call Uniformitarianism, but many recently influential forms of scientific realism seem happy to share this commitment. I trace a number of further points of common ground that collectively constitute an appealing Middle Path between classical forms of realism and instrumentalism, and I suggest that many contemporary realists and instrumentalists have already become fellow travelers on this Middle Path without (...)
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  45.  48
    Moral Realism without Moral Metaphysics.Andrew Sepielli - 2016 - Oxford Studies in Metaethics 11.
    This chapter explores the possibility of a metaphysically deflationist, explanatorily robust version of moral realism. The view has no truck with inquiries into the naturalness, constitution, or reducibility of moral properties, and purports to dissolve, rather than solve, the “placement problem.” But it offers a general explanation from outside the ethical domain of how we can accurately represent the world in moral thought and talk; this distinguishes it from some versions of expressivism and constitutivism, and from quietism. It is (...)
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  46. Moral realism and reliance on moral testimony.Joshua Blanchard - 2019 - Philosophical Studies 176 (5):1141-1153.
    Moral realism and some of its constitutive theses, e.g., cognitivism, face the following challenge. If they are true, then it seems that we should predict that deference to moral testimony is appropriate under the same conditions as deference to non-moral testimony. Yet, many philosophers intuit that deference to moral testimony is not appropriate, even in otherwise ordinary conditions. In this paper I show that the challenge is cogent only if the appropriateness in question is disambiguated in a particular way. (...)
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  47.  49
    "Realism and the Problem of" Infimae Species".Crawford Elder - 2007 - American Philosophical Quarterly 44 (2):111 - 127.
    Modal conventionalism is the view that two crucial forms of sameness are mind-dependent. There is no phenomenon of sameness in kind, on this view, except in virtue of our conventions for individuating nature’s kinds; there is no phenomenon of numerical sameness across time, for an individual member of some natural kind, except in virtue of our conventions for individuating such members.1 Modal conventionalism has its realist opponents. These opponents have argued, following Kripke’s lead more than thirty years ago (Kripke 1972), (...)
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  48.  33
    Realism without tears II: The structuralist legacy of sensory physiology.Alistair M. C. Isaac - 2020 - Studies in History and Philosophy of Science Part A 79 (C):15-29.
    This paper examines the implications of the Doctrine of Specific Nerve Energies for contemporary philosophy and psychology. Part I analyzed Johannes Peter Muller’s canonical formulation of the Doctrine, arguing that it follows from empirical results combined with methodological principles. Here, I argue that these methodological principles remain valid in psychology today, consequently, any naturalistic philosophy of perception must accept the Doctrine’s skeptical conclusion, that the qualities of our perceptual experience are not determined by, and thus do not reveal the nature (...)
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  49.  59
    Legal Realism and 'Working' Rules.David Frydrych - 2022 - Canadian Journal of Law and Jurisprudence 35 (2):321-364.
    The American Legal Realists offered several hypotheses about alternative drivers of official decision-making (i.e., considerations other than the rules on the books). This article identifies a tension between two of those hypotheses: the ‘extra-legal’ factors and ‘working’ rules. This tension gets exacerbated in Frederick Schauer’s account of Legal Realism, one which places his Dislocated Determinacy thesis—about working rules constituting an additional ground for the existence of ‘easy’ cases and determinacy across a legal system—into doubt.
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  50. Constitution and ontology: Some remarks on Husserl's ontological position in the logical investigations.Dan Zahavi - 1992 - Husserl Studies 9 (2):111-124.
    One of the major exegetical difficulties in connection with Husserl's Logical Investigations has always been the clarification of his ontological position and the closely related concept of constitution. Ever since the publication of the first edition - which will be the point of departure - in 1900-1, there has been an ongoing discussion as to which concept of reality Husserl had committed himseff, initiated with a realistic interpretation by his G6ttingen Students. My aim in the following paper will be a (...)
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