This chapter contains sections titled: The Emerging Interest in Methodology Particular Arguments Particular Topics A Concluding Overview References.

The paper discusses the Anglo-American philosophy of law of the 20th century, more specifically the philosophy of law of Ronald Myles Dworkin and his criticism of the legal positivism of Herbert Lionel Adolphus Hart. The author presents the history of the criticism of legal positivism in Ronald Dworkin’s philosophy of law and distinguishes historical stages. The subject of the study is the critique of legal positivism but not the Hart-Dworkin debate itself, well known in Western philosophy of law. The reason (...) is that the discussion was conducted between Dworkin and Hart’s supporters but not between Dworkin and Hart by himself. The latter responded to the criticism only after twenty seven years. The article explains why Dworkin chose for his criticism Herbert Hart’s version of legal positivism. This is due to the fact that Dworkin highly appreciated Hart’s positivist theory of law and characterized it as the “most clear.” The article presents the methodological foundations of criticism of Hart’s legal positivism in Dworkin’s philosophy of law. It reveals a methodological divergence between the two legal theories, which directly affects the understanding of the concept of law and its content. Therefore, we can assume that the legal theories of Hart and Dworkin are two competing models of law: Dworkin’s model considers law as a set of rules and principles and Hart’s model acknowledges only rules and court decisions as a source of law. The article also presents the key principles of positivism criticized by Dworkin. These principles, firstly, interpret law as a set of legal rules determined through a special legal criterion, secondly, provide the judge with an opportunity to make a decision “at his own discretion” in a situation not regulated by law, and, thirdly, recognize only legal rights and obligations enshrined in legal regulations. It is important to note that in this article the author describes criticism as an independent phenomenon of legal philosophy with a particular focus on the history and foundations of this phenomenon. (shrink)

This article offers a critique of Ronald Dworkin’s article “A New Philosophy for International Law”, (Philos Public Aff 41: 1–30, 2013). It begins by showing that Dworkin’s moralised theory of law is built on two highly questionable background assumptions. On the one hand, a descriptively implausible characterisation of a positivist-voluntarist view of international law as the reigning “orthodoxy”. On the other hand, the methodologically questionable assumption that a theory of international law must discharge the dual function of explaining the validity (...) of international law in a manner that underwrites its presumptive legitimacy. In its core part, the article then offers a sustained criticism of Dworkin’s moralised account of the validity and legitimacy of international law. Various problems are identified with the “principle of salience” that Dworkin offers in place of consent as a ground for international law. A key concern is the difficulties that stem from Dworkin’s willingness to proceed on the “fantasy” assumption that his theory needs to get off the ground, i.e. that there is an international court with compulsory jurisdiction and reliable mechanisms for enforcing its judgements. Finally, the article concludes with some thoughts on how Dworkin’s “fantasy-based” approach led him to over-estimate the degree to which international law can be a vehicle for the global spread of liberal democratic values. More minimalist ambitions for international legal order, along the lines suggested by John Rawls inThe Law of Peoples, seem more realistic. (shrink)

These excellent volumes show both the strengths and weaknesses of contemporary and serious Dworkin scholarship . Mostly the articles are new, although Susan Hurley's paper in the Hershowitz volume was first published in 1990. As to be expected with work on Dworkin, the division between political and legal theory is not distinct because – as is well-known – he integrates moral problems of politics both into the choice of legal theory and legal argument itself. But, some issues may be (...) separated and since there are excellent essays on both equality of resources and the relevance of ‘intrinsic’ values, I have separated my discussion into the two heads of ‘legal theory’ and ‘political theory’. Work on his political theory is not as advanced as it is on his legal theory and so I have largely directed my attention to the latter. I conclude that the most profitable work with Dworkin's legal theory lies in exploring the idea of the ‘interpretive concept’ and its connection with moral ideals, and in assessing the moral weight of integrity, particularly against the ideals of justice and fairness. Almost all the essays on legal theory show awareness of difficulties concerning these two issues although no one takes on interpretivism directly . However, Stephen Perry and Dale Smith in the Hershowitz volume and Sanford Levinson in the Ripstein volume push the boundaries some way with integrity. (shrink)

This dissertation makes two primary contributions. The first three chapters develop an interpretation of Carnap's Meta-Philosophical Program which places stress upon his methodological analysis of the sciences over and above the Principle of Tolerance. Most importantly, I suggest, is that Carnap sees philosophy as contiguous with science—as a part of the scientific enterprise—so utilizing the very same methods and subject to the same limitations. I argue that the methodological reforms he suggests for philosophy amount to philosophy as the explication of (...) the concepts of science through the construction and use of suitably robust meta-logical languages. My primary interpretive claim is that Carnap's understanding of logic and mathematics as a set of formal auxiliaries is premised upon this prior analysis of the character of logico-mathematical knowledge, his understanding of its role in the language of science, and the methods used by practicing mathematicians. Thus the Principle of Tolerance, and so Carnap's logical pluralism, is licensed and justified by these methodological insights. This interpretation of Carnap's program contrasts with the popular Deflationary reading as proposed in Goldfarb & Ricketts. The leading idea they attribute to Carnap is a Logocentrism: That philosophical assertions are always made relative to some particular language, and that our choice of syntactical rules for a language are constitutive of its inferential structure and methods of possible justification. Consequently Tolerance is considered the foundation of Carnap's entire program. My third chapter argues that this reading makes Carnap's program philosophically inert, and I present significant evidence that such a reading is misguided. The final chapter attempts to extend the methodological ideals of Carnap's program to the analysis of the ongoing debate between category- and set-theoretic foundations for mathematics. Recent criticism of category theory as a foundation charges that it is neither autonomous from set theory, nor offers a suitable ontological grounding for mathematics. I argue that an analysis of concepts can be foundationally informative without requiring the construction of those concepts from first principles, and that ontological worries can be seen as methodologically unfruitful. (shrink)

Efficient thinking is the foundation of efficient operation. The correct definition of concepts, especially the basic ones for a given field, in order to reach the truth, is a condition for the development of science and its social utility. The Petrażycki’s research methodology of law is a thoroughly modern method, as it enables effective examination of the accuracy of contemporary legal theories created after Petrażycki’s input. A model contemporary theory susceptible to an examination through the research methodology of law by (...) Petrażycki is the normative theory of legal rules and non-legal standards by Dworkin. For this purpose some falsifications will be subject, i.e. selected ad hoc among many others, two important theories of normative law theory Dworkin. The first one is the thesis classifying legal norms into two groups of norms, namely legal rules and non-legal standards. The second one is a thesis about the existence of who are capable of discovering and issuing lawful and, at the same time, fair court decisions, which are also the only ones for resolving particular court disputes. Unfortunately, owing to the seemingly cognitive research methodology of Petrażycki, both Dworkin’s deformed division of legal norms as well as Dworkin’s Hercules judges - cannot stand the test of authenticity. Due to the Petrażycki’s methodology, the legal-normative theory of Dworkin does not lose an innovative outlook on the existence of social norms, which are being discovered by judges in the jurisprudence, indifferently to the doubts over their proper classification. Moreover, Dworkin’s theory is placed between naive theories, regardless of whether they are considered realistically naive theories or nihilistically naive theories A few random reflections on the well-known work of Dworkin with the help of Petrażycki’s methodology serve to provide a new perspective on the contemporary legal normativity. (shrink)

Poor nutrition habits have been reported in the childcare setting. While the literature advocates the need to carry out ‘Voice of the Child’ research, few studies have explored this methodology with regard to children and food, in particular in the pre-school setting. This article aims to outline the ethical issues raised by a research ethics committee and to discuss the impact of these issues on a study that hoped to determine the food perceptions of children (aged three to four years) (...) within an ongoing nutrition and lifestyle pre-school project in Ireland. Ethical approval was granted for this study but only upon the clarification of two aspects: that only hedonic symbols previously used in the literature could be included in the study; and that parental consent be obtained from both parents of each child. Children were shown food pictures and asked to use the hedonic symbols to answer questions posed to them on the food. Owing to the ethical constraints imposed by the requirement for two-parent consent, seven children, from a potential sample of 85, were eligible to partake in the study. These children did not seem to understand the hedonic symbols recommended for use by the ethics committee, therefore preventing the collection of in-depth qualitative data. The ethical constraints placed on this study impacted on both its design and its methodology and are discussed in relation to national and international ethical guidance and legislation. Future research with children regarding food choice must balance the need for strict ethical standards with the need to explore children’s views on this subject. (shrink)

Summarya) Bell tries to formulate more explicitly a notion of “local causality”: correlations between physical events in different space‐time regions should be explicable in terms of physical events in the overlap of the backward light cones. It is shown that ordinary relativistic quantum field theory is not locally causal in this sense, and cannot be embedded in a locally causal theory.b) Clauser, Home and Shimony criticize several steps in Bell's argument that any theory of local “beables” is incompatible with quantum (...) mechanics. It is contended that the Clauser‐Horne derivation of a Bell‐type inequality circumvents his weak steps. The Clauser‐Horne derivation must assume that there are no undetected correlations between choices of controllable variables in two space‐like separated regions. Methodological considerations support this assumption.c) In response to criticism by Shimony, Home, and Clauser, Bell tries to clarify the argument of “The theory of local beables”, and to defend as permissible the hypothesis of free variables.d) Bell's reply to an earlier criticism by Shimony, Clauser, and Home is answered. The convergence of Bell's position towards theirs is noted. (shrink)

TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task was (...) that of describing the human condition as consisting of choices, as unavoidable as arbitrary, without any attempt at providing criteria for making such choices. In the Anglo-Saxon countries, the heir of ethics was a philosophy of morality, that is, an analysis of the language of morality that intended to clarify valuations without trying to justify them. 1958 was the year of the normative turn that led to the Rehabilitation of practical philosophy, a turn followed by decades of controversies between distinct kinds of normative ethics: utilitarian, Kantian, virtue ethics. While the controversy was raging, a quiet revolution took place, that of applied ethics which surprisingly dissolved the controversy's very subject matter by providing methods for making convergence possible on intermediate principles even when no agreement was available about first principles. The normative turn and the revolution of applied ethics have led us, at the turn of the century, to a goal that was quite far from the starting point. Instead of scepticism and relativism that was the fashion at the beginning of the century, at the beginning of the third millennium impartial and universal moral arguments seem to hold the spot being supported, if not by a final rational foundation, at least by reasonableness, the most precious legacy of the Enlightenment. -/- ● TABLE OF CONTENTS -/- ● I Anglo-Saxon philosophy: naturalism 1. Dewey beyond evolutionism and utilitarianism 2. Dewey and anti-essentialist moral epistemology 3. Dewey and naturalist moral ontology 4. Dewey and normative ethics of conduct and function 5. Perry and semantic naturalism -/- ● II Anglo-Saxon philosophy: ideal utilitarianism and neo-intuitionism 1. Moore's critique of utilitarian empiricism 2. Moore on the naturalistic fallacy 3. Moore on the nature of intrinsic value 4. Moore on ideal utilitarianism 5. Prichard on the priority of the right over the good 6. Ross's coherentist moral epistemology 7. Ross's moral ontology: realism, pluralism, and non-naturalism 8. Ross's normative ethics of prima facie duties -/- The chapter reconstructs the background of ideas, concerns and intentions out of which Moore's early essays, the preliminary version, and then the final version of Principia Ethica originated. It stresses the role of religious concerns, as well as that of the Idealist legacy. It argues that PE is more a patchwork of somewhat diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. -/- ●III Anglo-Saxon philosophy: non-cognitivism 1. The Scandinavian School, the Vienna circle and proto-emotivism 2. Wittgenstein and the ineffability of ethics 3. Russell's and Ayer's radical emotivism 4. Stevenson and moderate emotivism 5. Stevenson and the pragmatics of moral language 6. Stevenson and the methods for solving ethical disagreement 7. Hare and prescriptivism The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of 'good', its non-cognitive meaning, in a first phase identified with 'emotive' meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell's ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson's theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. A section reconstructs the discussion from the Forties about Hume's law, mentioning Karl Popper's argument and Richard Hare's early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- ●IV Anglo-Saxon philosophy: critics of non-cognitivism 1. Neo-naturalism and its objections to the naturalistic fallacy argument 2. Objections to Hume's law 3. Clarence Lewis and the pragmatic contradiction 4. Toulmin and the good reasons approach 5. Baier and moral reasons 5. Baier, social moralities and the absolute morality 6. Baier and the moral point of view 7. Baier and the contents of absolute ethics -/- ● V Continental philosophy: the philosophy of values 1. Max Weber and the polytheism of values 2. Phenomenology against psychologism and rationalism 3. Reinach and the theory of social acts 4. Scheler and the material ethics of values 5. Hartmann and the ontology of values 6. Plessner, Gehlen and the Philosophische Anthropologie -/- The chapter illustrates first the idea of phenomenology and the Husserl's project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the apriori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy conducted in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach's theory of social acts as a key the grounding of norms, a view that sketches the ideas 'discovered' later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section discusses Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of 'values' – with surprising affinities with George E. Moore - than philosophers such as Max Scheler, who claimed to be Husserl's legitimate heirs. -/- ● VI Continental philosophy: the critics of the philosophy of values 1. Freud, the Superego and Civilization 2. Heidegger on original ethos against ethics 3. Sartre and de Beauvoir on authenticity and ambiguity 4. Adorno and Horkheimer on emancipation and immoralism -/- ●VII Post-liberal theologians and religious thinkers 1. Barth on the autonomy of faith from ethics 2. Developments of Reformed moral theology after Barth 3. Bonhoeffer on the concrete divine command and ethics of penultimate realities 4. Developments of Reformed and Catholic moral theology after world war II 5. Baeck and the transformation of liberal Judaism 6. Rosenzweig against liberal Judaism 7. Buber and religion as the vital lymph of morality 8. Heschel and Judaism as a science of actions -/- The chapter examines the main protagonists of Christian theology and Jewish religious thinking in the twentieth century. It stresses how the main dilemmas of contemporary philosophical ethics lie at the root of the various path of inquiry taken by these thinkers. -/- ● VIII Normative ethics: neo-Utilitarianism 1. The discussion on act and rule utilitarianism 2. Hare on two-tiered preference utilitarianism 3. Harsanyi, Gauthier and rational choice ethics 4. Parfit, utilitarianism and the idea of a person 5. Brandt and indirect conscience utilitarianism -/- The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick's and Moore's fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine refuted. Two examples give the reader a glimpse at this uproarious process. The first is Roy Harrod Wittgensteinian transformation of utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This transformation results in preference utilitarianism combined with a 'Kantian' version of rule utilitarianism. The second is Richard Hare's two-level preference utilitarianism, where act utilitarianism plays the function of the eventual rational justification of moral judgments and rule-utilitarianism that of an action-guiding practical device. -/- ● IX Normative ethics: neo-Aristotelianism and virtue ethics 1. Hannah Arendt, action and judgement 2. Hans-Georg Gadamer and phronesis 3. Alasdair MacIntyre on practices, virtues, and traditions 5. Stuart Hampshire on deliberation 6. Bernard Williams and moral complexity 7. Feminist ethics -/- Sect 1 reconstructs the post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named 'Rehabilitation of practical philosophy' is described. Heidegger's most brilliant disciples were the promoters of this Rehabilitation. Hans-Georg Gadamer is a paradigmatic example. His reading of Aristotle's lesson I reconstructed, starting with Heidegger's lesson but then subtly subverting its outcome thanks to the recovery of the significant role of the notion of phronesis. Sect 3 discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. It argues that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. The chapter gives a short look at further developments in the neo-naturalist current trough a reconstruction of Philippa Foot's and Peter Geach's critiques to the naturalist-fallacy argument and Alasdair MacIntyre's grand reconstruction of the origins and allegedly inevitable failure of the Enlightenment project of an autonomous ethic. -/- ● X Normative ethics: Kantian and rights-based ethics 1. Dialogical constructivism 2. Apel, Habermas and discourse ethics 3. Gewirth and rights-based ethics 4. Nagel on agent-relative reasons 5. Donagan and persons as ends in themselves Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This current started with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. The chapter offers an examination of his argument in some detail, followed by a more cursory reconstruction of Jürgen Habermas's elaboration on Apel's theory. -/- ● XI The applied ethics renaissance 1. Elisabeth Anscombe on the atom bomb 2. From medical ethics to bioethics 3. Rawls and public ethics 3. Nozick, Dworkin and further developments of public ethics 5. Sen and the revival of economic ethics -/- The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin's new casuistry. The chapter argues that Rawls's distinction between a "political" and a "metaphysical" approach to the theory of justice, one central part of ethical theory, is a formulation of the same basic idea at the root of both the principles approach and the new casuistry, both discussed in the following chapter. The idea is that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls' view never will be close – on the essential criteria for judgment. -/- ● XII Fin-de-siècle metaethics 1. Deontic logics 2. Anti-realism 3. External realism 4. Internal realism 5. Kantian constructivism -/- The chapter illustrates the fresh start of meta-ethical discussion in the Eighties and Nineties and the resulting new alignments: metaphysical naturalism, internal realism, anti-realism, and constructivism. (shrink)

The relevance of the study has two sides — individual and general. In its essential aspect, it is the development of achievements of predecessors by consistently taking into account the latest data on trends and changes in the interconnected spheres of education, economics and culture. In the individual aspect, it is about improving the professional means of improving the efficiency of teaching foreign languages in order to form students with a high level of linguistic-professional competence. Public relevance is the goal (...) of educating young people in a new patriotic direction, because today, due to various global influences, the classical principles of life in the agrarian system, created in recent centuries, or in the industrial society, are devalued due to various global influences. The purpose of the study in a broad sense was to highlight the causes and consequences of the European religious Reformation as the main factor in accelerating the movement of the whole of Western Europe to the position of the world leader that previously belonged to China. We see precis e tasks in the integrated analysis on the basis of the latest discoveries of many humanities and exact sciences in the educational, economic and cultural systems of Germany and other successful European states. On this basis, we hope to fulfill the public task which is to make significant proposals in the plans and practice of higher education reform in Ukraine. The methodology of the study relies on the best classical means, on the principle of historicism and the continuity of the connection between the material and the ideal, a modern multidisciplinary approach. For the highest effectiveness of the research, we will use the latest scientific data and recommendations of the innovators who collect and use these data. The results of the study mostly follow from the mentioned new discoveries. They testify that in ancientt history, in the role of locomotives of civilizational progress in the western part of Eurasia, direct descendants of the inventors of agriculture acted, among which the especially great contribution belongs to the ancestors of Ukrainians from the territories of Trypillya and the Great Trypillya. It is indicated that during the existence of the Great Trypillya, future German farmers acquainted themselves with the technologies of the Great Trypillya, so the German language, through borrowed words, became part of the Indo-European family. It is noted that after the collapse of the Great Trypillya, the Germans and Slavs became neighbors along the meridian Elbe. In the age of steppe invasions, future Ukrainians and Germanic tribes did not get in contact, and the influence of the Roman Empire was mostly experienced by western lands. Emphasis was placed on the evolution of ideological, religious and other paradigms in the territory of Germany after the collapse of the Holy Roman Empire, which determined the development of the nation for the next hundreds of years. The religious and philosophical paradigmatic origins of those unique features of culture and education that during the nineteenth century were emphasized. brought Germany to the position of the scientific and technological leader of the world. The high role of German neo-humanism and the Berlin Research University were noted. In the final section, special attention is paid to religious issues and to the destructive impact on social and other processes in the German immigration flows of Islamists. The conclusions focus on the competition of several important paradigms in the education of modern Germany and the proposals made to incorporate German experience in legislation and the use of the Bologna process. An important caution is made regarding the choice of Germany's strategy for the development of the scientific and educational complex 'within the framework of the Lisbon project. This country has become a world leader not only in alternative energy, but also in the implementation of the fourth industrial revolution. We consider an example of this leadership like the regular world conferences in Davos, which involve the majority of influential politicians and economists. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The 2006 Meeting of the Society for Buddhist-Christian StudiesWashington, DC, November 17–18, 2006Frances S. Adeney, SecretaryThe theme of this year's meeting was "Religious Self-Fashioning and the Role of Community in Contemporary Buddhist and Christian Practice." The first session presented participants with three papers. The first compared Christian and Buddhist groups that fostered community and long-term commitment. A second paper developed the theme of community affiliation with a description of (...) the Buddhist practice of Hoza. And a third paper demonstrated how a dual practitioner could minister pastorally to both Buddhists and Christians. In the second session practical and philosophical foci met in the discussion of papers on individualized vs. Sangha Buddhism in the United States and co-origination and universal intersubjectivity in Buddhist and Christian philosophies. It was a rich feast indeed.Dr. Sandra Costen Kunz presented her paper "Christian and Buddhist Confession, Affiliation, and Countercultural Action" to start off the first session. In a study of Christian and Buddhist groups, she found interesting methodological parallels in the process that groups undertook to build commitment and community among followers of each tradition. Focused on specific congregations, her paper served to illustrate a trend toward community building that has broad implications for both Buddhist and Christian institutions in their work of fostering commitment and nurturing faith in participants.Dr. Gene Reeves continued along the same theme with a description of the Buddhist practice of Hoza in his particular Buddhist community in Japan. A weekly practice of meeting together to help one another demonstrates a deeper philosophical belief that all can become bodhisattvas for others. Within the hierarchical Buddhist institutional structure, the meetings around Hoza display an egalitarianism that empowers ordinary people to see the Buddha nature in others and to realize it in themselves. In addition to empowering individuals, that process of mutual aid also solidifies the group.According to both papers, individual practice of religion, be it Buddhist or [End Page 133] Christian, and a group process of social solidification work together to deepen faith and community.The third paper in this first session showed the results of that individual/ social dialectic in the life of Dr. Duane Bidwell, who presented his paper "Practicing the Religious Self: Buddhist-Christian Identity as Social Artifact." The main emphasis of this paper was that religion, as a socially constructed reality, depends on community even in its most individualistic forms. As Buddhism and Christianity develop their traditions, those socially constructed worlds can be penetrated by one who traverses between the two worlds. Two stories of pastoral care demonstrated his point. First, in a Buddhist setting, Bidwell, although perceived as a Christian, drew on his Buddhist practices to comfort the dying. In the second example, the situation was reversed. In a setting in which Christianity was the expected form, Bidwell drew on those resources to worship around the deathbed of a young man.In her response to those three papers, Dr. Sallie King brought a critical dimension into the discourse as she asked questions concerning authority and decision making in each context. "How is consensus decision making balanced with hierarchical power in the groups studied?" she asked Dr. Kunz. "Given the equalizing power of Hoza, why is Reeves's organization so hierarchical?" was her question to Dr. Reeves. "And how," she asked, "did choice enter into Bidwell's religious identity?" Responses to those queries led to an interesting discussion that provided food for thought for participants in this meeting.The second session opened with Dr. Kenneth Tanaka's study "The Individual in Relation to the Sangha in American Buddhism: An Examination of 'Individualized Religion.' " Dr. Tanaka spoke to both communal and individualized dimensions of American Buddhism by analyzing a sangha in Alameda County, California, and contrasted it with the Buddhist practices of converts who did not participate in a sangha. He showed that identity for sangha members in Alameda was primarily related to selective joining of group activities by members. In the case of converts, his research showed that their Buddhist identity was most strongly related to meditative practices. A high level of commitment to those practices, with a goal of spiritual development, marked the converts who were... (shrink)

This dissertation proposes a new reading and appraisal of an important theory of distributive justice, Ronald Dworkin's "Equality of Resources" . ER is traditional in holding that choices made by rational, ignorant and purely self-interested beings are relevant to distributive justice. ER is novel both in its use of such choices and in incorporating the idea that one's success is largely one's own responsibility into liberal egalitarianism. ;I argue that the tax-and-redistribution scheme Dworkin proposes to make actual distributions just (...) is flawed because he misconceives the role of choice. He errs in thinking that the conditions for person X to receive compensation depend on the choices of such beings, although he is right, I argue, insofar as the relevant choices include X's hypothetical choices. Dworkin errs in that ER implies that whether X meets these conditions can depend on X's irrational choices, although he is right that whether X meets these conditions can depend on some of X's actual choices. ER becomes flawed, I argue, when Dworkin derives a tax-and-redistribution scheme designed to achieve distributive justice in reality from the auction he proposes for making hypothetical distributions just. ;I then consider whether ER withstands stock objections and how plausible it is relative to rival Theories. Dworkin argues that ER, but not Rawls' Theory, meets the following condition for a Theory to be plausible: the distributions a Theory deems just must be sensitive to choices. I argue that Dworkin's argument is no longer plausible once we realize to which choice sensitivity principle he is himself committed. However, I argue, Seana Shiffrin's objection to ER fails because she misunderstands the role of choice in ER, although she is right insofar as there is a related, though superficial, objection. I also argue that ER is inconsistent and show how to resolve this inconsistency without leaving ER vulnerable to attack by G. A. Cohen's rival Theory. I trace ER's inconsistency and the failure of Dworkin's argument against Rawls' Theory to Dworkin's method of justification. (shrink)

Despite the continuous emphasis on globalization, we witness increasing divisions and divisiveness in all domains of human activities. One of the reasons, if not the main one, is the intellectual fragmentation of humanity, compared in the title to the failed attempt at building the Biblical Tower of Babel. The attempts to reintegrate worldview, fragmented by the specialization of education (C.P. Snow’s The Two Cultures) and expected to be achieved through reforms in curricula at all levels of education, were based on (...) the assumption that the design of a curriculum should focus on the wide distribution of subjects of study, as if the distribution was the goal. The key point is not the distribution of themes, but the development of skills in the integration of knowledge. The quantitative assessment of the width of knowledge by the number of disciplines is of secondary importance. We cannot expect the miracle that students without any intellectual tools developed for this purpose would perform the job of integration, which their teachers do not promote or demonstrate, and which they cannot achieve for themselves. There are many other reasons for the increasing interest in making inquiries interdisciplinary, but there is little progress in the methodology of the integration of knowledge. This paper is a study of the transition from multidisciplinarity to interdisciplinarity, and further, to transdisciplinarity, with some suggestions regarding the use of methodological tools of structuralism and the choice of a conceptual framework. (shrink)

The aim of the article is to characterise and analyse Paul Amselek’s research approach to legal hermeneutics. The text provides an outline of Amselek’s assumptions and theses about legal interpretation, considered in the broad context of hermeneutics, and in the narrower context of legal logic and argument. In point of fact, one of the methodological aims of Amselek’s philosophical reflection is to harmonise the two indicated contexts for framing interpretation — the wide context of hermeneutics, and the more narrow context (...) of legal logic and argument. Amselek refers to issues in communication theory, reaching beyond the hermeneutic concept of text interpretation and evocation of the original authorial intention. He analyses the legal text-message in its content and argument layers, he also endeavours to specify the methodological possibilities of interpreting the attitudes and motivations of subjects — participants in communication situation. He also inquires about the ethical attitudes of jurisdiction authorities, performing the interpretation of a body of law — the subjects responsible for lawmaking and the execution of law. Adopting post-Enlightenment anthropological assumptions, Amselek accepts the primacy of rationality in cognition, decision making, and activity of the human individual. However, in his considerations on interpretation he concurrently underscores the role of affective factors, motivating many choices and actions made by legal subjects. (shrink)

There are two chief tasks which confront the philosophy of scientific method. The first task is to specify the methodology which serves as the objective ground for scientific theory appraisal and acceptance. The second task is to explain how application of this methodology leads to advance toward the aim(s) of science. In other words, the goal of the theory of method is to provide an integrated explanation of both rational scientific theory choice and scientific progress.

This is an examination of Ronald Dworkin's claim that the true theory of legal practice is the theory that puts legal practice in its ‘best light’. By ‘best light’ Dworkin means a measure of desirability or goodness: the true theory of legal practice, says Dworkin, portrays the practice at its most desirable. Now why would that be the case? What's between the desirability of a theory and its truth? The article examines the reasons leading Dworkin to this strange claim. (...) It then argues that the claim is ultimately unsustainable, but also that it contains much insight about legal practice: the true theory of legal practice need not put the practice at its most desirable, but there is much between maximizing desirability and the practice's standards. Dworkin's is another important effort to explain the normative aspect of legal validity—in a way that transcends both the crudeness of natural law, and legal positivism's attempt to wash its hands of this crucial aspect of law. (shrink)

Introducing the ontology of theory choice -/- Economists choose theories and they choose ways of pursuing theories, and they leave others unchosen. Why do economists choose the way they do? How should economists choose? What are the objectives and what are the constraints? What should they be? The questions are both descriptive and prescriptive. -/- There are two broad classes of “criteria of choice” that have been somewhat systematically considered in the recent literature on economic methodology: (1) Empirical (...) criteria. There are several possible ways of incorporating empirical criteria in one's theory of science. The respective methodology of theory assessment may be static or dynamic, it may be deductivist or inductivist, it may include various ideas of what constitutes empirical evidence, and so on. What they all share is the general idea that scientific theories are, or are to be, checked against empirical evidence according to some rules, and that this determines the choice of theory. (2) Social criteria. Again, there are several options. The social criteria may be related to the social interests of scientists or larger social collectives, they may be based on the persuasiveness and tradition-boundedness of theories, they may involve social or moral norms, they may be derived from various costs and benefits of holding a theory in a given research community, and so on. If they involve empirical data, it is the social aspects of the data that matter. What all these views share is that scientific theories are taken to have social attributes (functions, consequences) that play or should play a major role in theory choice. (shrink)

Social egalitarians hold that one fundamental requirement of the ideal of social equality is that people should stand in relations of non-domination to one another. In the light of this, they reject luck egalitarian principles of justice as incompatible with a society of equals, because the former violate the non-domination requirement. I call this the domination objection. In this paper I examine its force against Dworkinian resource egalitarianism. There are two reasons why equality of resources might be thought to be (...) vulnerable to it. First, Dworkin has been interpreted to maintain that as long as people’s preferences are authentic, people should be consequentially responsible for the choices that flow from such preferences. However, Dworkin’s view on when people’s choices should be considered to be authentic does not rule out that the latter are sometimes influenced by norms and processes that are the outcome of domination and oppression, and so holding people fully consequentially responsible for choices that are the outcome of such preferences is itself unjust. Second, equality of resources objectionably permits bad-option-luck victims to become vulnerable to domination. I argue that Dworkinian egalitarianism is not susceptible to either of the two parts of the domination objection and defend the view that it is—contrary to the social egalitarian criticism—faithful to the social egalitarian demand for non-domination. (shrink)

Egalitarian thinkers have adopted Ronald Dworkin’s distinction between brute and option luck in their attempts to construct theories that better respect our intuitions about what it is that egalitarian justice should equalize. I argue that when there is no risk-free choice available, it is less straightforward than commonly assumed to draw this distinction in a way that makes brute-luck egalitarianism plausible. I propose an extension of the brute-luck–option-luck distinction to this more general case. The generalized distinction, called the ‘least (...) risky prospect view’ of brute luck, implies more redistribution than Dworkin’s own solution (although less than called for by some of his other critics). Moreover, the generalized brute-luck–option-luck distinction must be parasitical on an underlying non-egalitarian theory of which sets of options are reasonable. The presupposed prior theory may be inimical to the claim that justice requires equality rather than some other distributive pattern. (shrink)

Riggs v. Palmerhas become famous since Dworkin used it to show that legal positivism is defective. The debate over the merits of Dworkin's claims is still very lively. Yet not enough attention has been paid to the fact that the content of the statute at issue inRiggswas given by thecounterfactual intentionof the legislature. According to arguments from legislative intent, a judicial decision is justified if it is based on the lawmaker's intention. But can legislative intentions be determined counterfactually? More (...) generally, what are the discursive commitments undertaken by a lawyer or a judge, in an exchange of legal reasons, when using this interpretive methodology? This paper addresses these issues considering, in particular, David Lewis's “resemblance” condition and “relevant similarity” between possible worlds in the evaluation of counterfactual statements. The analysis sheds some new light on the debate on theoretical disagreements and shows that Dworkin's conception of law as an argumentative practice is not necessarily at odds with legal positivism. It rather allows us to look at it under a better light. (shrink)

Two methodological claims in Hart's TheConceptofLaw have produced perplexity: that it is a book on 1 and that it may also be regarded as an essay in 2 Are these two ideas reconcilable? We know that mere analysis of our legal concepts cannot tell us much about their properties, that is, about the empirical aspect of law. We have learned this from philosophical criticisms of conceptual analysis; yet Hart informs us that analytic jurisprudence can be reconciled with descriptive sociology. The (...) answer to this puzzle lies in the notion of nonambitious conceptual analysis. The theorist analyzes concepts but accepts the limitations of conceptual analysis and therefore uses empirical knowledge and substantive arguments to explain, refine, or perhaps refute initial insights provided by intuitions. This is the conclusion that this paper arrives at as an argumentative strategy to defend Hart's legal theory from the criticisms of Stavropoulos and Dworkin. The latter argues that Hart's legal theory cannot explain theoretical disagreements in law because he relies on a shared criterial semantics. Stavropoulos aims to show that Hart's semantics is committed to ambitious conceptual analysis and relies on the usage of our words as a standard of correctness. Both attacks aim to show that the semantic sting stings Hart's legal theory. This essay refines both challenges and concludes that not even in the light of the most charitable interpretation of these criticisms is Hart's legal theory stung by the semantic sting. This study defends the view that Hart's methodological claims were modest and that he was aware of the limits of conceptual analysis as a philosophical method. He was, this study claims, far ahead of his time. (shrink)

In this paper, I develop a novel account of ideological kinds. I first present some conceptual territory regarding the use of Occam’s Razor in minimizing ontological commitments. I then present the analogous device for minimizing ideological commitments, what I call the Comb. I argue that metaphysicians ought to use both or none at all. This means that those who endorse a principle of ontological parsimony ought to also endorse some principle of ideological parsimony, where we ought to prefer the metaphysical (...) theory that employs less ideology. In support of one such principle, I propose a novel account of ideological kinds. I individuate ideological kinds based on the satisfaction of two conditions: interdefinability and sameness of syntactic category. Ultimately, I think this account is the best available. It does, however, produce surprising results. For instance, my account shows that quantifier pluralism is ideologically parsimonious. I end by replying to some objections. (shrink)

This article offers two revisions to Dworkin’s ‘prudent insurance ideal’, which aims to account for justice in the distribution of healthcare so that (a) it can deal with market failures in healthcare and (b) when applied to unjust societies it addresses health problems caused by injustice in a fair manner.

These comments address two of the main topics discussed by Laudan. First I take issue with the correctness-conditions and the acceptability-conditions he proposes for methodological rules. Then I criticize his suggestion about how to naturalize the axiology of scientific inquiry. I note that the realizability of a goal is a necessary but not a sufficient condition of its worthiness of pursuit, and I argue that this leaves room for conventional choice of scientific goals. In concluding, I respond to Laudan's (...) attacks on Feyerabend, Polanyi, Popper, Lakatos and Quine by saying a few words in their defense. (shrink)

A theoretical structure for multiattribute decision making is presented, based on a dynamical system for interactions in a neural network incorporating affective and rational variables. This enables modeling of problems that elude two prevailing economic decision theories: subjective expected utility theory and prospect theory. The network is unlike some that fit economic data by choosing optimal weights or coefficients within a predetermined mathematical framework. Rather, the framework itself is based on principles used elsewhere to model many other cognitive and behavioral (...) data, in a manner approximating how humans perform behavioral functions. Different, interconnected modules within the network encode (a) attributes of objects among which choices are made, (b) object categories, (c) and goals of the decision maker. An example is utilized to simulate the actual consumer choice between old and new versions of Coca-Cola. Potential applications are also discussed to market decisions involving negotiations between participants, such as international petroleum traders. (shrink)

One of Ronald Dworkin's most distinctive claims in legal philosophy is that law is an interpretative concept, a special kind of concept whose correct application depends neither on fixed criteria nor on an instance-identifying decision procedure but rather on the normative or evaluative facts that best justify the total set of practices in which that concept is used. The main argument that Dworkin gives for interpretivism about some conceptis a disagreement-based argument. We argue here that Dworkin's disagreement-based argument (...) relies on a mistaken premise about the nature of disagreement. We propose an alternative analysis of the type of disputeseeming variation casesthat Dworkin uses to motivate the idea of interpretative concepts. We begin by observing that genuine disagreements can be expressed via a range of linguistic mechanisms, many of which do not require that speakers literally assert and deny one and the same proposition. We focus in particular on what we call disputes in which speakers do not express the same concepts by their words but rather negotiate how words should be used and thereby negotiate which of a range of competing concepts should be used in that context. We claim that this view has quite general theoretical advantages over Dworkin's interpretivism about seeming variation cases and about the relevant class of legal disputes in particular. This paper thus has two interlocking goals: (1) to undermine one of Dworkin's core arguments for interpretivism, and (2) to provide the foundations for a noninterpretivist alternative account of an important class of legal disputes. (shrink)

Researchers are increasingly applying neuroscience technologies that probe or manipulate the brain to improve educational outcomes. However, their use remains fraught with ethical controversies. Here, we investigate the acceptability of neuroscience applications to educational practice in two groups of young adults: those studying bioscience who will be driving future basic neuroscience research and technology transfer, and those studying education who will be choosing among neuroscience-derived applications for their students. Respondents rated the acceptability of six scenarios describing neuroscience applications to education (...) spanning multiple methodologies, from neuroimaging to neuroactive drugs to brain stimulation. They did so from two perspectives (student, teacher) and for three recipient populations (low-achieving, high-achieving students, students with learning disabilities). Overall, the biosciences students were more favorable to all neuroscience applications than the education students. Scenarios that measured brain activity (i.e., EEG or fMRI) to assess or predict intellectual abilities were deemed more acceptable than manipulations of mental activity by drug use or stimulation techniques, which may violate body integrity. Enhancement up to the norm for low-achieving students and especially students with learning disabilities was more favorably viewed than enhancement beyond the norm for high-achieving students. Finally, respondents rated neuroscientific applications to be less acceptable when adopting the perspective of a teacher than that of a student. Future studies should go beyond the acceptability ratings collected here to delineate the role that concepts of access, equity, authenticity, agency and personal choice play in guiding respondents’ reasoning. (shrink)

Nudges have gained popularity as a behavioral change tool that aims to facilitate the selection of the sensible choice option by altering the way choice options are presented. Although nudges are designed to facilitate these choices without interfering with people’s prior preferences, both the relation between individuals’ prior preferences and nudge effectiveness, as well as the notion that nudges ‘facilitate’ decision-making have received little empirical scrutiny. Two studies examine the hypothesis that a social proof nudge is particularly effective (...) when people have no clear prior preference, either because people are indifferent (in a colour-categorization task; Study 1, N = 255) or because people experience a choice conflict (making shopping decisions about meat products; Study 2, N = 97). Both studies employed a social proof nudge to steer participants’ choices. The potential facilitating effect of the nudge was tested using a mouse-tracker paradigm that implicitly assessed experienced uncertainty during decision-making. Results showed that the nudge was effective in steering participants’ decisions; the facilitation effect (i.e., reduced uncertainty regarding the decision) was only observed for conflicting preferences, but not under indifference. A better understanding of when and how nudges can influence individuals’ behavior may help in deciding whether nudges are an appropriate policy tool for changing particular undesirable behavior. (shrink)

Ronald Dworkin’s theory of equality has exerted a strong gravitational force over Canadian equality rights doctrine for more than two decades. And although Dworkin is never cited in the Supreme Court of Canada’s equality rights cases, his shadow is plainly visible in the reception of the right to ‘equal concern and respect’ in Andrews (1989), and the ‘right to moral independence’ in Law v Canada (1999).Although this paper assesses the extent to which Dworkin’s theory of equality has been received in (...) Canadian law, it also engages in debates between Dworkin and his critics that developed as Dworkin defended and modified his theory of rights and equality over the years. The debates between Dworkin and his critics are invaluable for interpreting Canadian constitutional jurisprudence, I will argue, because the Supreme Court does not always adequately justify the conceptions of equality, dignity, etc. that it incorporates into constitutional law. Indeed, it is not always evident that the Court is aware that it is choosing among alternative conceptions, rather than straightforwardly interpreting a determinate constitutional text. The payoff from a parallel study of Dworkin and the equality rights doctrine of the Supreme Court is the identification of resources from the academic debate that can be commended for the development of a more sound and stable constitutional doctrine. (shrink)

Written by the world's best-known political and legal theorist, Freedom's Law: The Moral Reading of the American Constitution is a collection of essays that discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Professor Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language (...) of the Constitution by reference to moral principles about political decency and justice. His `moral reading therefore brings political morality into the heart of constitutional law. The various chapters of this book were originally published separately and are now drawn together to provide the reader with a rich, full-length treatment of Dworkin's general theory of law. (shrink)

This paper deals with two questions. First, if all scientists were perfect Popperians, how much influence could their background values and experiences have? It is argued that background can play a role in problem choice and in the constructing and testing of hypotheses. Second, do the ideals of feminism suggest the need for a new methodology and epistemology for science? In answering this question, Harding's paper in this volume is discussed.

A methodological model of origin and settlement of theory-choice situations (previously tried on the theories of Einstein and Lorentz in electrodynamics) is applied to modern Theory of Gravity. The process of origin and growth of empirically-equivalent relativistic theories of gravitation is theoretically reproduced. It is argued that all of them are proposed within the two rival research programmes – (1) metric (A. Einstein et al.) and (2) nonmetric (H. Poincare et al.). Each programme aims at elimination of the cross-contradiction (...) between the special theory of relativity and Newton’s theory of gravitation. New arguments in favor of Einstein’s programme are given. Nevertheless, this does not imply the necessity to rule out all the nonmetric theories, since Einstein’s and Poincare’s programmes are alternative only as different tools of the cross-contradiction elimination. In the other respects these programmes are complementary: description, explanation and prediction of gravitational experimental data entails the usage of the languages of nonmetric theories as well as of metric ones. The part of the present investigation elucidating the necessity of nonmetric theories is an implementation of the ideas of A.Z. Petrov, the founder of Kazan University Relativity Department. Late Alexei Zinovievich had frequently punctuated that the notion of Riemann space-time continuum common for all metric theories obfuscates all the gravitational notions considerably and hampers the analogies with other physical theories at hand. Since the ambiguity is a hallmark of all the general relativism notions, approach to their definitions “should be determined not by analogies and contingent facts, but by general considerations linked the physical measurements theory… No matter how far the events lie out of the frames of classical physical explanations, all the experimental data should be described by classical notions” (Petrov, 1965,pp. 59,66). Key words: Kip S. Thorne, A.P. Lightman, Stepin, theory of gravity . (shrink)

Using a nationally representative survey of farm operators in Ireland, this study examines the effect of non-pecuniary benefits from farm work on labor allocation choices. Results suggest that non-pecuniary benefits affect both the decision to enter the off-farm labor market and also once that decision is made, the amount of time spent working off-farm. We find our derived variable representing non-monetary benefits associated with farm work to have a substantial impact similar to the effect of other more widely reported personal (...) and farm structural variables such as the age of the farm operator, farm size, and farming system. The existence of these non-pecuniary benefits serves to increase the implied wage to farmers for their farm work. This in turn can lead to allocations of labor that would seem suboptimal from a purely financial point of view. Rural development policies aimed at creating off-farm opportunities could fail unless returns to off-farm work are high enough to compensate the farmer for losing the benefits associated with the farming lifestyle. From a methodological perspective, our analysis indicates that failure to model off-farm labor allocation choices as a two-part process may lead to some incorrect conclusions regarding the effect of certain explanatory variables. Outside of explaining farmers’ off-farm labor supply it would be useful to incorporate farmer perceptions regarding the non-pecuniary benefits from farming in economic models of farm behavior across a range of activities as this could lead to much more accurate predictions of farmers’ responses to policy changes. (shrink)

Much has been written about the ethics and values of today's business student, but this research has generally been characterized by a variety of methodological shortcomings — the use of convenience samples, a failure to establish the relevance of comparison groups employed, attempts to understand behavior in terms of unidimensional values preselected by the researcher, and the lack of well-designed longitudinal studies. The research reported here addresses many of these concerns by comparing the values and ethical decision making behavior of (...) a large cohort of students entering an M. B. A. program to students entering law school. Using the Rokeach value survey and several ethical decision making vignettes, significant differences were found between the two groups which have important implications for both the business and legal professions and the education of their future leaders. (shrink)

PurposeThe issue of “predatory” publishing and the scholarly value of journals that claim to operate within an academic framework, namely, by using peer review and editorial quality control, but do not, while attempting to extract open access or other publication-related fees, is an extremely important topic that affects academics around the globe. Until 2017, global academia relied on two now-defunct Jeffrey Beall “predatory” OA publishing blacklists to select their choice of publishing venue. This paper aims to explore how media (...) has played a role in spinning public impressions about this issue.Design/methodology/approachThe authors focus on a 2017New York Timesarticle by Gina Kolata, on a selected number of peer reviewed published papers on the topic of “predatory” publications and on an editorial by the Editor-in-Chief ofREM, a SciELO- and Scopus-indexed OA journal.FindingsThe Kolata article offers biased, inaccurate and potentially misleading information about the state of “predatory” publishing: it relies heavily on the assumption that the now-defunct Beall blacklists were accurate when in fact they are not; it relies on a paper published in a non-predatory non-OA journal that claimed incorrectly the existence of financial rewards by faculty members of a Canadian business school from “predatory” publications; it praised a sting operation that used methods of deception and falsification to achieve its conclusions. The authors show how misleading information by theNew York Timeswas transposed downstream via theREMeditorial.Originality/valueEducation of academics. (shrink)

Dworkin's theoretical disagreement argument, developed in Law's Empire, is presented in that work as the motivator for his interpretive account of law. Like Dworkin's earlier arguments critical of legal positivism, the argument from theoretical disagreement has generated a lively exchange with legal positivists. It has motivated three of them to develop innovative positivist positions. In its original guise, the argument from theoretical disagreement is presented as ‘the semantic sting argument’. However, the argument from theoretical disagreement has more than (...) one version. This article briefly discusses two versions and the leading replies to them, then focuses on the most influential version, directed at Hartian positivism. The article surveys the leading positivist rejoinders to the recast version, indicating key Dworkinian replies or assessing the strength of these rejoinders, and concludes with a rejoinder of its own, making a new case that the argument from theoretical disagreement isn't fatal for Hartian legal positivism. (shrink)

The objective of this study is to conduct an analysis of the terminologies employed by Imam Ibn Rajab in his well-known work, "Fath al-Bari Sharh Sahih al-Bukhari," with the intention of enhancing our comprehension of his methodology in the field of Hadith studies. The study utilises a methodology that combines textual analysis and statistical techniques to examine the occurrence and usage of specific terms. The study also compares Ibn Rajab’s terminology with that of "Muqaddimah Ibn Salah" for a thorough analysis. (...) The study's main findings highlight the nuanced interpretations and variations in Ibn Rajab’s use of terminologies, specifically in synonymous terms like 'tafarrud' and 'garabah'. Furthermore, it emphasises his careful choice of the term "hasan" and the potential consequences it carries. The statistical analysis offers valuable insights into the frequency and patterns of these terminologies, which contributes to a quantitative understanding of their significance. After analysing the results, several suggestions are put forward. First, to gain a deeper understanding of Ibn Rajab's unique perspectives, it is recommended to thoroughly examine his methodologies throughout his entire body of work. Second, additional research is required to delve into the interpretations and implications of synonymous terms employed by Ibn Rajab. Third, conducting a thorough examination of his specific use of the term "hasan" would yield valuable insights into his criteria for evaluation. Fourth, it is important to conduct a thorough comparative analysis between the two texts, "Muqaddimah Ibn Salah" and the current text, to identify any similarities, differences, and potential influences. Fifth, it is recommended to broaden the statistical analysis to explore patterns, trends, and correlations within the dataset. Furthermore, gaining a broader understanding of Ibn Rajab’s contributions within the academic and scholarly landscape would greatly enhance comprehension. (shrink)

Philosophers have cataloged a range of genealogical methods by which different sorts of normative conclusions can be established. Although such methods provide diverging ways of pursuing genealogical inquiry, they typically converge in eschewing historiographic methodology, in favor of a uniquely philosophical approach. In contrast, one genealogist who drew on historiographic methodology is Michel Foucault. This article presents the motivations and advantages of Foucault's genealogical use of such a methodology. It advances two mains claims. First, that Foucault's early 1970s work employs (...) a distinct genealogical method, which borrows from contemporary historiographic models of explanation to expand the range of objects that are proper to genealogical accounts of historical change. I demonstrate how Foucault modifies two central commitments of Nietzsche by broadening the dimensions of genealogical inquiry and explanation. Second, that historical method has normative relevance for genealogy, insofar as different historiographic choices can lead to different normative conclusions. I motivate this second claim by explaining how Foucault's multidimensional genealogical method expands both (a) the range of objects that are subject to evaluative assessment, and (b) the set of possible prescriptive recommendations that follow from such assessment. (shrink)

I will focus on Dworkin’s use of idealisation in his “Prudent Insurance” Ideal for healthcare. Dworkin identifies problems with the circumstances under which people make their insurance decisions in the current United States healthcare system and he sees these as being the cause of strange resource allocation outcomes. He therefore imagines idealising away these prima facie unjust circumstances to develop a hypothetical market in which people are able to make better decisions (Section “Idealisation of Circumstance”). I will identify two further (...) idealisations that Dworkin relies on in his theory. The first is to idealise people to be perfectly prudent (Section “Idealisation of Prudence”), which I consider to be justifiable, but difficult to actually apply in practise. The second is to idealise people to be perfectly self-interested (Section “Idealisation to Self-interest”). I do not see this as a justifiable idealization since it ignores principles of altruism and citizenship, which would seem to be deeply relevant to a theory of justice. (shrink)

In the paper I examine (Section I) the best defense for the claim that methodologies shouldnot function heuristically (thesis-LW) as it appears in John Worrall. I then evaluate (Section II) his proposal of a criterion* M which is offered as a criterion for evaluating competing methodologies such as falsificationism, conventionalism, methodology of research programmes. etc. Finally, I consider (Section III) the consequences of arguments presented earlier (Section I and II) as they bear on the problem of selecting a (...) historiographical model.I argue, among other things, (I) that thesis-LW is defended on some very dubious assumptions; (II) that Worrall's criterion* M falters under three clear cases two of which at least*M should accomodate, and that part of* M's failure can be linked to its being hooked to thesis-LW. By arguments analogous to the ones which serve* M, I show thatcontra John Worrall and John Watkins, thesis-LW is testable; finally, (III) if we accept arguments for thesis-LW and* M we are left with a skeptical conclusion with respect to the choice of a historiographical model which Worrall by parity of reasoning should accept, but does not. (shrink)

In arguing a "role for history," Kuhn was proposing a naturalized philosophy of science. That, I argue, is the only viable approach to the philosophy of science. I begin by exhibiting the main general objections to a naturalistic approach. These objections, I suggest, are equally powerful against nonnaturalistic accounts. I review the failure of two nonnaturalistic approaches, methodological foundationism (Carnap, Reichenbach, and Popper) and metamethodology (Lakatos and Laudan). The correct response, I suggest, is to adopt an "evolutionary perspective." This perspective (...) is defended against one recent critic (Putnam). To argue the plausibility of a naturalistic approach, I next sketch a naturalistic account of theories and of theory choice. This account is then illustrated by the recent revolution in geology. In conclusion I return to Kuhn's question about the role of history in developing a naturalistic theory of science. (shrink)

Aristotle’s theory of spontaneous generation offers many puzzles to those who wish to understand his theory both within the context of his biology and within the context of his more general philosophy of nature. In this paper, I approach the difficult and vague elements of Aristotle’s account of spontaneous generation not as weaknesses, but as opportunities for an interesting glimpse into the thought of an early scientist struggling to reconcile evidence and theory. The paper has two goals: to give as (...) charitable and full an account as possible of what Aristotle’s theory of spontaneous generation was, and to examine some of its consequences; and to reflect on Aristotle as a scientist, and what his comments reveal about how he approached a difficult problem. In particular, I propose that the well-recognized problem of the incompatibility between Aristotle’s concept of spontaneity and his theory of spontaneous generation presents an opportunity for insight into his scientific methodology when approaching ill-understood phenomena. (shrink)

Abstrak: Tulisan berikut membahas pemikiran hukum Anglo-Amerika yang dikenal sebagai filsafat hukum. Dua pokok yang dibahas adalah masalah metodologi dan debat Hart/Dworkin. Inti pertanyaan yang dikaji di sini berkenaan dengan hakikat filsafat hukum. Untuk itu lang- kah yang diambil adalah dengan menelusuri situasi debat Hart/ Dworkin dan sesudahnya sebagai suatu debat metodologis dan kemudian menggunakannya untuk mengurai pertanyaan tadi. Debat tersebut telah memicu suatu palingan metodologis dalam filsafat hukum analitik yang lantas mengubah fokus dan makna dari kegiatan melakukan filsafat hukum, (...) yakni dari refleksi atas hakikat hukum (dan hubungannya dengan moralitas) menjadi refleksi atas hakikat kegiatan itu sendiri. Ber- dasarkan telaah kritis terhadap konstelasi dan tren populer dari sejumlah yang ide yang dikembangkan seputar eksistensi debat Hart/Dworkin, termasuk publikasi terbaru teks kuliah Dworkin di Harvard Law Review yang menanggapi Postscript Hart, tulisan ini mengemukakan argumen bahwa wacana filsafat hukum kontemporer menyentuh ranah kritik ter- hadap dua tesis metafisis, epistemologis, dan etis yang tampak sejajar, yakni dikotomi fakta dengan nilai dan pemisahan hukum dengan moralitas. Kata-kata Kunci: Metodologi filsafat hukum, debat Hart/Dworkin, hukum dan moralitas, filsafat hukum analitik, palingan metodologis, metodologi normatif, metodologi deskriptif. Abstract: This paper presents an exploration of the Anglo-American legal thought, better known as jurisprudence. A subject matter of it is two interrelated themes, i.e. the problem of methodology and the “Hart/Dworkin debate”. The main question addressed here concerning the nature of jurisprudence. It takes an inquiry to the Hart/Dworkin debate situation and its aftermath as a methodological debate and whilst use it to scrutinize that question. The debate has been stirred up the so called methodological turn in analytical jurisprudence, thus vary the focus and meaning of the activity of doing jurisprudence, from a reflection of the nature of law (and its relationship to morality) to a reflection of the nature of that activity itself. Based on the critical examination of constellation and popular trend of some ideas which developed around the existence Hart/Dworkin debate, including the recent publication of Dworkin’s lost text in Harvard Law Review replying to Hart’s Postscript, this paper argues that the contemporary discourse of jurisprudence attains the significance of a criticism of two kinds of metaphysical, epistemological, and ethical theses which are apparently parallel, i.e. the fact/value dichotomy and the separation of law and morality. Keywords: methodology of jurisprudence, Hart/Dworkin debate, law and morality, analytic jurisprudence, methodological turn, normative methodology, descriptive methodology. (shrink)

Sartre’s intention in the Critique of Dialectical Reason is to establish the heuristic value of the dialectical method when applied to the social sciences. Toward this end, he furnishes an account of how, on the basis of natural needs, rational choices, burgeoning social ensembles, natural and social contingencies and unintended consequences, human beings make their history. I shall argue that his dialectical method, especially when modified, opens up interesting possibilities for clarifying the two most important and enduring meta-issues in the (...) philosophy of social science: whether social phenomena should be explained in terms of the beliefs, desires and actions of individuals or the rules and practices of social institutions and whether social phenomena should be explained in terms of causes, as in the natural sciences, or in terms of what they mean in their social contexts, as in hermeneutics and other interpretive approaches. (shrink)

Purpose. The paper aims at substantiating the meaningful relationship between Descartes’ and Pascal’s positions as two variants in responding to the demand of the era in the development of anthropology. The realization of this purpose involves defining the spiritual climate of the era and addressing to the texts of two great French thinkers of the 17th century to demonstrate common moments in interpreting the phenomenon of a man. Theoretical basis. The methodological basis in the research is the conceptual propositions of (...) the representatives of phenomenology and hermeneutics. Originality. The existence of the doctrine of human nature by Descartes is argued and the manifestations of common moments with Pascal’s doctrine are outlined. The latter include the context of the Copernican unfinished Revolution, the emphasis on restrictions in the methodology of the natural sciences, the intense search for description language beyond the rational components of human nature, the high opinion in the Christian understanding of man, critique of atheism. Conclusions. The paper substantiates the meaningful relationship in the doctrine of man from both French thinkers, which manifests itself in the vision of the initial situation as a person’s choice of their own foundations in the course of conceptualization the scientific revolution, understanding of Christianity as a basic paradigm of thinking, priority of the anthropological interest over natural-science one, the dominant role of the ethical philosophizing motive. (shrink)

Metalogic is an open-ended cognitive, formal methodology pertaining to semantics and information processing. The language that mathematizes metalogic is known as metalanguage and deals with metafunctions purely by extension on patterns. A metalogical process involves an effective enrichment in knowledge as logical statements, and, since human cognition is an inherently logic–based representation of knowledge, a metalogical process will always be aimed at developing the scope of cognition by exploring possible cognitive implications reflected on successive levels of abstraction. Indeed, it is (...) basically impracticable to maintain logic–and–metalogic without paying heed to cognitive theorizing. For it is cognitively irrelevant whether possible conclusions are deduced from some premises before the premises are determined to be true or whether the premises themselves are determined to be true first and, then, the conclusions are deduced from them. In this paper we consider the term metalogic as inherently embodied under the framework referred to as cognitive science and mathematics. We propose a metalogical interpretation of Arrow’s impossibility theorem and, to that end, choice theory is understood as a mental course of action dealing with logic and metalogic issues, in which a possible mathematical approach to model a mental course of action is adopted as a systematic operating method. Nevertheless, if we look closely at the core of Arrow’s impossibility theorem in terms of metalogic, a second fundamental contribution to this framework is represented by the Nash equilibrium. As a result of the foregoing, therefore, we prove the metalogical equivalence between Arrow’s impossibility theorem and the existence of the Nash equilibrium. More specifically, Arrow’s requirements correspond to the Nash equilibrium for finite mixed strategies with no symmetry conditions. To demonstrate this proof, we first verify that Arrow’s set and Nash’s set are isomorphic to each other, both sets being under stated conditions of non–symmetry. Then, the proof is completed by virtue of category theory. Indeed, the two sets are categories that correspond biuniquely to one another and, thus, it is possible to define a covariant functor that preserves their mutual structures. According to this, we show the proof–dedicated metalanguage as a precursor to a special equivalence theorem. (shrink)

Two of the most important outcomes of The Contradictory Christ include: identifying Christ as an unproblematically contradictory being as well as laying the foundations of an investigation of the logical consequences of the existence of Christ, qua contradictory, within a particular 'theory'. In light of the enormous reluevance of Beall’s The contradictory Christ for the study of inconsistency, my main concern here is to explore the effect of some methodological choices behind Beall’s proposal -this in order to recognize in more (...) detail the scope of Beall’s contribution. To do so, I will focus on three main questions: 1. What is required for the identification of a contradiction? 2. How can we recognize a true contradiction from either an apparent or a temporal contradiction? 3. If we identify a true contradiction within a theory, where can we actually go from there? (shrink)

Aristotle's treatment of the choice between the political and contemplative lives (in EN I 5 and X 7-8) can seem awkward. To offer one explanation of this, I argue that when he invokes self-sufficience (autarkeia) as a criterion for this choice, he appeals to two different and incompatible specifications of "lacking nothing." On one specification, suitable to a human being living as a political animal and thus seeking to realize his end as an engaged citizen of a polis, (...) a person lacks nothing by possessing a wide range of goods that directly require other people. On the other, more suitable to a god or a beast, a person lacks nothing by having no need of goods that directly require other people. The ambiguity of this criterion renders the choice between the political and contemplative lives difficult. (shrink)