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The controversy over judicial activism is as old as the question whether law is "made" or "found" by the courts, and is die quintessential living question for legal philosophers. Here the practical meets the abstract, as Supreme Court justices must, explicitly or not, adopt some philosophical viewpoint in deciding how general constitutional propositions do, or do not, decide current concress te controversies.  相似文献   

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Nancy Murphy 《Zygon》1993,28(3):351-359
Abstract. I argue here for a limited version of pragmatism—called conceptual pragmatism—that recognizes that conceptual systems are to be evaluated according to their usefulness for helping us get around in the world. Once a conceptual system is in place, however, the truth of sentences is a matter of both empirical tit and coherence with the rest of our knowledge. The error of critical realists is to fail to take into account the limited conceptual relativity that is to be expected on the basis of conceptual pragmatism. The conceptual realist thesis applies equally in science and theology.  相似文献   

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Jenny Teichman 《Ratio》1993,6(2):155-164
This paper addresses two related questions: 1. Does human life have a purpose? and 2. Is human life intrinsically valuable? Clearly human beings have personal, communal and common purposes, but we cannot know whether there is an external transcendent purpose in addition to these. However the argument that mundane purposes are meaningless without transcendent purposes, though valid, rests on false premises. There are four ways of explaining the intrinsic value of life. The first (pantheism) is the idea that human life is sacred because everything is sacred. A second is that life is intrinsically valuable because something else is valuable and indeed sacred – the idea, for instance, that mankind is made in the image of God. The third is that human life lacks value because of its contrast with the sanctity of the gods. The humanistic explanation is that human life as such has intrinsic value. There are (at least) six reasons for holding that human life is intrinsically valuable; these reasons are given.  相似文献   

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William Grey 《Zygon》1987,22(4):479-496
Abstract. The last century has witnessed a succession of revolutionary transformations in the discipline of biology. However, the rapid expansion of our understanding of life and its nature has had curiously little impact on the way that questions about life and its significance have been discussed by philosophers. This paper explores the answers that biology provides to central questions about our existence, and it examines why the substitution of causal explanations for teleological ones appears natural and satisfying in the case of physical theory but meets widespread resistance in the case of biology.  相似文献   

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The paper begins as a response to Tom Rockmore's thesis that contemporary pragmatism is a healthy “confusion” of disparate views. While Rockmore sees the need of some of today's pragmatists to provide a motivation for what he calls “epistemic optimism,” I contend that the crucial question of pragmatism, the problem of pragmatism, is the ontological status of pragmatic meaning. Thus rather than a mere “epistemic optimism,” I call upon pragmatists to assert a fallible yet unabashedly metaphysical optimism. The argument supporting this claim is made in the context of Peirce's “The Architecture of Theories.” In “The Architecture of Theories” Peirce opens the door to a pragmatic metaphysics while at the same time committing the error of subordinating truths and reality to “the long run of inquiry.” Rockmore suggest that the solution may lie in a return to Kant's notion of the “powers of the mind.” However, it is my contention that a solution to this problem cannot be found within Kant at all. I shall argue here that until contemporary pragmatism decisively extracts itself from the Kantian paradigm, the pragmatic philosophic value of pragmatic meaning will always be qualified, conditional and ontologically subordinated, having the same effect upon the standing of pragmatism as a philosophy as well. Moreover, I shall endeavor to show that when the Kantian paradigm is finally abandoned, pragmatism's classic difficulties with realism and what Peircc called “the long run” of scientific inquiry can also be resolved. Kantian “powers of the mind” and constructivist “epistemological optimism” would then be transformed into what I shall call unrestricted pragmatism. On the other hand if the Kantian impediment is not overcome, these difficulties will continue to form the basis of a more sceptical and traditionally restricted pragmatism, one which lacks the confidence desired by both Rockmore and myself.  相似文献   

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ROTA  GIAN-CARLO 《Synthese》1997,111(2):171-182
It has been observed that whereas painters and musicians are likely to be embarrassed by references to the beauty in their work, mathematicians instead like to engage in discussions of the beauty of mathematics. Professional artists are more likely to stress the technical rather than the aesthetic aspects of their work. Mathematicians, instead, are fond of passing judgment on the beauty of their favored pieces of mathematics. Even a cursory observation shows that the characteristics of mathematical beauty are at variance with those of artistic beauty. For example, courses in art appreciation are fairly common; it is however unthinkable to find any mathematical beauty appreciation courses taught anywhere. The purpose of the present paper is to try to uncover the sense of the term beauty as it is currently used by mathematicians.  相似文献   

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