In this book I have tried to develop an analysis of the concept of an empirical law, an analysis that differs in many ways from the alternative analyse's found in contemporary literature dealing with the subject. 1 am referring especially to two well-known views, viz. the regularity and necessity views, which have given rise to many interesting papers and books within the philosophy of science. In developing my own views, it very soon became clear to me that the mere (...) restatement of these alternative views, followed by a discussion of their defects and an explanation of my own view, would not suffice to show what 1 regard as basically unsound in these views. If we seriously consider the well-known difficulties facing the regularity view, we have to consider the possibility that the time has arrived to stop our attempts to solve, by means of patch-work additions, the fundamental problem of empirical laws within the traditional context of logical positivist doctrines. I have tried to find a solution which is based on a different philosophical context, the main incentive being that the discouraging results of the customary attempts to solve the problem might have been the outcome of the fundamental philosophical setting within which the problem had been formulated and within which everyone looked for a solution. The problem of empirical laws is not a problem existing by its own rights - it is shaped by an underlying point of view or theoretical framework. For this reason I have started with a brief sketch of the logical positivist context. However, I want to stress the fact that my intention was not to offer an historical exposition, but an exposition which becomes meaningful when related to the subsequent arguments concerning empirical laws. The notion of direct or theory-free observation has been taken as the fundamental characteristic of the logical positivist point of view. This view has been further characterised by means of five theses, among which is the thesis that observational terms are isolated or theory-independent units of extensional meaning. These terms are then supposed to be the starting-points of meaning and the end-points of confirmation, and these very characteristics mark the privileged position such terms have in a logical positivist philosophy. The post-positivist view, on the other hand, is characterised by the opposing notion of theory-loaded observation. This notion leads to other conclusions which radically oppose some of the theses of logical positivism. The notion of theory- loaded observation itself, although often clearly stated, has not yet been systematically elucidated, and I have made an attempt to do this in ch. I after my sketch of the logical positivist context. This seemed to me to be necessary in order to make my post-positivist point of view as clear as possible, before tackling the problem of empirical law itself. I have paid special attention to the lawlikeness of concepts and their confirmation and falsification. These epistemological issues are followed by a separate examination of Goodman's riddle in ch. II, because it lies somewhere between the lawlikeness of concepts and the lawlikeness of laws. If Goodman's riddle is taken as a serious problem, as I think it should, it is primarily a problem of concept or theory formation and not a problem of induction. In ch. III the regularity view has been examined and the well-known difficulties related to such a view are considered, assuming the knowledge gained in ch. I. This has led to some interesting results, especially in connection with the analysis of counterfactuals and the confirmation of 'normal' singular conditionals, to which I return in the last chapter. Three different views of the necessity view are briefly stated and investigated in ch. IV. RESCHER'S view is, I think, close to mine, which has been developed in ch. V. However, there are fundamental epistemological differences between our views. In the last chapter I have given my own analysis of the concept of an empirical law, which should not be taken as a synthesis of a regularity and a necessity view, but as opposed to both. It is, as far as particulars may count, the result of an analysis of the concepts 'regularity' and 'necessity'. I have tried to argue that the greatest shortcoming of the regularity view lies in the fact that the proponents of such a view have not been really concerned with the concept of 'regularity' itself. They usually take this concept to be intuitively clear enough to serve as basis for their analysis. Their attacks upon the necessity view are based on the reproach that 'necessity' is a very obscure concept, and that it should, therefore, be avoided in the philosophy of science. We could, however, reproach them in a similar way, since the concept of 'regularity' is anything but clear. One may say that an empirical law formulates a 'regularity in nature', but we can only do justice to the function a law has in science, if we are ready to view this regularity as a necessary connection, which does not exist in an observer-independent reality, but in a theoretically co-constituted empirical world. This investigation does not pretend to answer all questions concerning empirical laws. It should, therefore, not be regarded as complete, but neither should the arguments and suggestions be regarded as completely free from ambiguity. Much remains to be done in order to offer a generally acceptable theory and better understanding. (shrink)

The question of whether there are laws in ecology is important for a number of reasons. If, as some have suggested, there are no ecological laws, this would seem to distinguish ecology from other branches of science, such as physics. It could also make a difference to the methodology of ecology. If there are no laws to be discovered, ecologists would seem to be in the business of merely supplying a suite of useful models. These models would (...) need to be assessed for their empirical adequacy but not for their ability to capture fundamental truths, or the like. If, on the other hand, ecology does have laws, this prompts further questions about what these laws are and why even the best candidates for ecological laws fall short of what might be expected of laws. (shrink)

This article examines the relationship in Kant between transcendental laws and empirical laws (focusing on causal laws), and then brings a particular interpretation of that issue to bear on familiar puzzles concerning the status of the regulative maxims of reason and reflective judgment. It is argued that the 'indeterminate objective validity' possessed by the regulative maxims derives ultimately from strictly constitutive demands of understanding.

This article analyses a sceptical challenge resulting from metaphysical approaches to the problem of the necessity of empirical laws of nature in Kant’s critical philosophy (what I shall call ‘essentialist’ readings). I argue that this challenge may jeopardize the purpose of empirical enquiry (and therefore the plausibility of essentialist readings), but that Kant has internal resources to address it in the Dialectic of the Critique of Pure Reason. I show that reading this problem through the lens of (...) the Dialectic allows us to reconcile the metaphysical question of necessitation of laws with a robust sense of empirical cognition. (shrink)

This paper consists of four parts. Part 1 is an introduction. Part 2 evaluates arguments for the claim that there are no strict empirical laws in biology. I argue that there are two types of arguments for this claim and they are as follows: (1) Biological properties are multiply realized and they require complex processes. For this reason, it is almost impossible to formulate strict empirical laws in biology. (2) Generalizations in biology hold contingently but (...) class='Hi'>laws go beyond describing contingencies, so there cannot be strict laws in biology. I argue that both types of arguments fail. Part 3 considers some examples of biological laws in recent biological research and argues that they exemplify strict laws in biology. Part 4 considers the objection that the examples in part 3 may be strict laws but they are not distinctively biological laws. I argue that given a plausible account of what distinctively biological means, such laws are distinctively biological. (shrink)

Human rights discourse has been likened to a global lingua franca, and in more ways than one, the analogy seems apt. Human rights discourse is a language that is used by all yet belongs uniquely to no particular place. It crosses not only the borders between nation-states, but also the divide between national law and international law: it appears in national constitutions and international treaties alike. But is it possible to conceive of human rights as a global language or lingua (...) franca not just in a figurative or metaphorical sense, but in a literal or linguistic sense as a legal dialect defined by distinctive patterns of word choice and usage? Does there exist a global language of human rights that transcends not only national borders, but also the divide between domestic and international law? Empirical analysis suggests that the answer is yes, but this global language comes in at least two variants or dialects. New techniques for performing automated content analysis enable us to analyze the bulk of all national constitutions over the last two centuries, together with the world’s leading regional and international human rights instruments, for patterns of linguistic similarity and to evaluate how much language, if any, they share in common. Specifically, we employ a technique known as topic modeling that disassembles texts into recurring verbal patterns. The results highlight the existence of two species or dialects of rights talk—the universalist dialect and the positive-rights dialect—both of which are global in reach and rising in popularity. The universalist dialect is generic in content and draws heavily on the type of language found in international and regional human rights instruments. It appears in particularly large doses in the constitutions of transitional states, developing states, and states that have been heavily exposed to the influence of the international community. The positive-rights dialect, by contrast, is characterized by its substantive emphasis on positive rights of a social or economic variety, and by its prevalence in lengthier constitutions and constitutions from outside the common law world, especially those of the Spanish-speaking world. Both dialects of rights talk are truly transnational, in the sense that they appear simultaneously in national, regional, and international legal instruments and transcend the distinction between domestic and international law. Their existence attests to the blurring of the boundary between constitutional law and international law. (shrink)

Kant claims that the understanding prescribes the existence and necessity of empirical laws to nature, while it does not prescribe which particular empirical laws hold. That is to say, the understanding prescribes the general form of nature and the form of the empirical laws without prescribing the material content. But how is this possible? How can the understanding guarantee that there are necessary empirical laws without prescribing particular empirical laws to (...) nature? In this paper, I want to answer this question by analyzing Kant’s argument for the Second Analogy of Experience in combination with an analysis of his conception of actuality. As I want to show, an application of Kant’s conception of actuality to the argument for the Second Analogy not only fills a gap in this argument, but also leads to an explanation of how the understanding can prescribe lawfulness to nature without prescribing particular laws. (shrink)

What might it be to write a post-colonial social science? And how might the intellectual legacy of Chinese classical philosophy—for instance Sun Tzu and Lao Tzu—contribute to such a project? Reversing the more usual social science practice in which EuroAmerican concepts are applied in other global locations, this paper instead considers how a “Chinese” term, _shi_ might be used to explore the UK’s 2001 foot-and-mouth epidemic. Drawing on anthropological insights into mis/translation between different worlds and their alternative ways of knowing (...) and being, the paper explores that epidemic in three differently inspired _shi_-inflected “empirical” accounts. The first uses Sun Tzu’s strategic understanding of _shi_ to tell a conventionally representational story. The second resists the causes and background factors implied in standard social science by offering a “light” and _shi_-inflected form of knowing. And the third combines the referentiality of social science with a Lao Tzu-informed commitment to the paradoxes of normative epigram. This third narrative thus illustrates the possible features of a situated and _shi_-inflected social science that recognizes that it participates in the contexted and immanent flows and counterflows of things in the world. The paper concludes by noting that such a _shi_-inflected social science is experimental, and suggests that it is important to explore a range of ways of reversing the flow of concepts between EuroAmerica and other global locations. (shrink)

This article deals with the housing framework of laws, that is, constitutions. It distinguishes between constitution referring to the de jure, formal, written book of laws and codes that assume supreme authority within any structure, and constitution which defines a body of informal, conditional rules and laws that do not have supreme authority but are abided by, owing to various objective, subjective factors. Constitution reflects the gap between aspiration and actuality, and constitution attracts a higher degree of (...) compliance and implementation. Studies have indeed found a negative relationship between formal rights protection and actual rights observance. The article reveals that rights guarantees are more prone to failure than success as they depend substantially on environmental and institutional conditions. This article emphasizes a symbiosis between judicialization and constitutionalization while a policy question needs to be judicial in nature if the judiciary has to decide on it. (shrink)

Fire safety expertise was in great demand following the Grenfell Tower fire in London in June 2017. The government established a review of building regulations and an expert panel to inform its responses to Grenfell, and many other relevant organisations also formed their own expert panels. However, expert knowledge in fire safety is a highly contested domain, with knowledge claims based on differing sources. Fire fighters can claim expertise based on their experience of fighting fires, scientists and science-based engineers can (...) claim expertise from experimentation, and those who create and enact regulations can claim expertise in what can termed ’codespeak’—the language of regulation. Although distanced from fundamental empirical experience of fire, codespeak is powerful because of its relative clarity and certainty, and legal status. Building users also bring their own form of ‘local’ expertise—they have first-hand experience of the practicalities of the solutions wrought by the other experts. Policy-makers thus face many competing forms of expert advice on fire safety, and their ability to judge what is most relevant in any particular case rests on the existence of a sufficient range and depth of in-house government expertise. (shrink)

This article deals with the housing framework of laws, that is, constitutions. It distinguishes between constitution referring to the de jure, formal, written book of laws and codes that assume supreme authority within any structure, and constitution which defines a body of informal, conditional rules and laws that do not have supreme authority but are abided by, owing to various objective, subjective factors. Constitution reflects the gap between aspiration and actuality, and constitution attracts a higher degree of (...) compliance and implementation. Studies have indeed found a negative relationship between formal rights protection and actual rights observance. The article reveals that rights guarantees are more prone to failure than success as they depend substantially on environmental and institutional conditions. This article emphasizes a symbiosis between judicialization and constitutionalization while a policy question needs to be judicial in nature if the judiciary has to decide on it. (shrink)

In this paper I argue against the traditional viewthat in discovery processes there is no place forrational decisions. First I argue that some historicalprocesses in which an empirical law was developed,were rational. Second, I identify some of themethodological rules that we can follow in order to berational when constructing an empirical law. Finally,I argue that people who deny that scientific discoverycan be rational do not understand the nature ofmethodological rules.

Review of: Seide, Ansgar, Die Notwendigkeit empirischer Naturgesetze bei Kant, Berlin- Boston, de Gruyter, 2020, pp. 417. ISBN: 978-3-11-069713-1.

In Mengzi 6A4, Gaozi states that “yì 義 (propriety, rightness) is external, not internal.” In 6A5, Meng Jizi says of yì that “...it is on the external, not from the internal.” Their defenses are met with Mengzi’s resistance. What does he perceive and resist in these statements? Focusing on several key passages, I compare six promising interpretations. 6A4 and a relevant part of 2A2 can be rendered comparably sensible under each of the six. However, what Gaozi says in 6A1 clearly (...) is evidence to Mengzi that, of the six views, Gaozi holds three although he does not convey them in his statement. As for Meng Jiz’s defense of his statement, Meng Jizi cites a special occasion where one is required to act one way even though one would feel a different way. Mengzi’s response has been traditionally interpreted as boiling down to a dissenting opinion about empirical psychology, that the agent on that special occasion would in fact feel the same way as they ought to act. But on a more charitable reading, the point Mengzi makes is conceptual: Though the satisfaction of yì may not require that the feeling and the act align perfectly in this case, cases where the alignment obtains are conceptually prior. This not only refutes Meng Jizi’s statement but also enables a more elegant explanation of why the Mengzi rightly has no record of Mengzi affirming that yì is internal. I conclude that 6A5 itself uniquely favors one interpretation, as far as Meng Jizi’s position is concerned: How one feels is irrelevant to whether one satisfies yì. (shrink)

In Beck, focus intervention is used as an argument for reducing Hamblin’s semantics for questions to Rooth’s focus semantics. Drawing on novel empirical evidence from Mandarin and English, we argue that this reduction is unwarranted. Maintaining both Hamblin’s original semantics and Rooth’s focus semantics not only allows for a more adequate account for focus intervention in questions, but also correctly predicts that focus intervention is a very general phenomenon caused by interaction of alternatives in different dimensions.

With incisiveness and lucid style, Dworkin has written a masterful explanation of how the Anglo-American legal system works and on what principles it is grounded. Law’s Empire is a full-length presentation of his theory of law that will be studied and debated for years to come.

It is widely thought that there are limits to how things can perceptually appear to us. For instance, nothing can appear both square and circular, or both pure red and pure blue. Adam Pautz has dubbed such constraints “laws of appearance.” But if the laws of appearance obtain, then what explains them? Here I examine the prospects for an empirical explanation of the laws of appearance. First, I challenge extant empirical explanations that appeal purely to (...) the format of perceptual representation. I then develop a hybrid approach, on which the laws are explained not merely by format, but by two further factors: ecological constraints imposed by our environments, and computational constraints embodied by our perceptual systems. While the hybrid approach implies that the laws of appearance are contingent, I argue that this implication is empirically defensible, since even some of the most intuitively compelling laws have real-world counterexamples. (shrink)

Philosophers intent upon characterizing the difference between physics and biology often seize upon the purported fact that physical explanations conform more closely to the covering law model than biological explanations. Central to this purported difference is the role of laws of nature in the explanations of these two sciences. However, I argue that, although certain important differences between physics and biology can be highlighted by differences between physical and biological explanations, these differences are not differences in the degree to (...) which those explanations conform to the covering law model, which fits biology about as well as it does physics. (shrink)

Werkmeister's new book, The Basis and Structure of Knowledge is the second major attempt in recent years to defend the idealistic theory of knowledge. The first was Blanshard's Nature of Thought; and it is worth noticing that both authors, in undertaking the defense of a position long in the shadows, are well aware of contemporary developments in logic and technical philosophy. Werkmeister freely acknowledges his debt to Blanshard; yet his work differs in scope from the latter's in at least two (...) ways. Firstly, the more recent book is concerned largely with the epistemological analysis of meaning and truth and hardly at all with what an older generation called "philosophical psychology," while philosophical psychology fills all of the first and part of the second volume of Blanshard's work. In my opinion, this is all to the good. (That our generation inverts the error and too often indulges in psychological philosophy is another story!) Secondly, Werkmeister presents us with detailed analyses of scientific method, of the structure of scientific theories, and of mathematics, all three areas to which Blanshard pays virtually no attention. The First Part of Werkmeister's book treats of Language and Meaning; the Second of Truth and the World About Us, the Third of Formal Knowledge, and the Fourth Part deals with Empirical Knowledge. But there is a fundamental thesis that runs through all of this. The analysis of each of these four domains reveals, according to Werkmeister, that only a coherence theory of meaning and truth can adequately reflect the criteria actually used by science and commonsense. It is not my intention to rehearse here the familiar dialectic of the arguments for and against this doctrine; the less so, since Werkmeister himself gives a useful review of both sides of the controversy. Rather, I want to try to fix as precisely as possible, within the context of Werkmeister's discussion, the nature of the difference between coherence theories on the one hand and correspondence theories on the other. This difference has not always been too clearly stated; it even seems that recent developments in linguistic analysis have been the occasion for some new confusions on this very point. For coherence theorists who have recognized that philosophical semantics is a "formal" discipline now insist that "to say what a symbol means is not to relate it to an object, but to give it an interpretation in terms of other symbols," as Ayer2 has recently put it. This seems to contradict the "comparison with fact" feature of the traditional realistic formulations of the correspondence view. A superficial bystander could even believe that the correspondence theorists have given up their original position, since both sides now agree that truth is a matter of a relation between symbols. Such agreement, as I hope to show, is more apparent than real, for what is now at stake is the nature of that "intrasymbolic relation." And on this nature the two parties disagree. There is little doubt that Werkmeister's book appears at a moment more propitious for the advocacy of the coherence theory of truth than did Blanshard's. In the near decade that separates the two works the intellectual climate has become, for better or for worse, considerably more favorable to a reconsideration of, and possibly even a reconciliation with, some of the major tenets of rationalism. This is reflected in the current discussion regarding the contrary-to-fact conditional, the dissatisfaction with material implication, and the correlative concern for a more adequate analysis of the concept of a natural law. It is evident too in the revived enthusiasm for intensional logic and in the related interest in the modalities. As uncompromising an empiricist as C. L. Lewis, with whom, by the way, Werkmeister shares a common Kantian background, has introduced into his latest work a "congruence" theory of truth which, despite the substitution of a so-called "probability" inference for necessary inference, looks very much like the coherance criterion all over again. So Werkmeister's book should be welcome for its clear presentation of the relevant issues; and even those who disagree with him can admire the candor and forthrightness with which he champions what remains, despite vacillations, an essentially unpopular position. (shrink)

Exploring Law's Empire is a collection of essays by leading legal theorists and philosophers who have been invited to develop, defend, or critique Ronald Dworkin's controversial and exciting jurisprudence. The volume explores Dworkin's critique of legal positivism, his theory of law as integrity, and his writings on constitutional jurisprudence. Each essay is a cutting-edge contribution to its field of inquiry, the highlights of which include an introduction by Justice Stephen Breyer of the United States Supreme Court, and a concluding essay (...) by Dworkin himself. This final chapter responds to the preceding essays and lays out Dworkin's own vision for the future of jurisprdence over the coming years. (shrink)

Following are two short contributions to the book, _Criminal Law Conversations_: commentaries on Paul Robinson's discussion of "Empirical Desert" and Antony Duff & Sandra Marshal's discussion of the sharing of wrongs.

L’enseignement de la méthodologie scientifique en Psychologie confère un rôle paradigmatique à l’opérationnalisation des « hypothèses générales » : une idée sans rapport précis à l’observation concrète se traduit par la tentative de rejeter une hypothèse statistique nulle au profit d’une hypothèse alternative, dite de recherche, qui opérationnalise l’idée générale. Cette démarche s’avère particulièrement inadaptée à la découverte de lois empiriques. Une loi empirique est définie comme un trou nomothétique émergeant d’un référentiel de la forme Ω x M(X) x M(Y), (...) où Ω est un ensemble d’événements ou d’objets datés dont certains états dans l’ensemble M(Y) sont par hypothèse impossibles étant données certaines conditions initiales décrites dans l’ensemble M(X). Cette approche permet de préciser le regard que l’historien des connaissances peut porter sur les avancées descriptives et nomothétiques de la Psychologie empirique contemporaine. (shrink)

ABSTRACTThis article investigates empirically the ethical values of law students in Hong Kong in their final two years of legal education. It first analyses the demographics of these law students before examining their responses to different ethical dilemmas. The findings suggest that feminisation has taken place in Hong Kong law schools. The study also found that a new generation of law students is emerging in Hong Kong that put more emphasis on the value of work-life balance. Finally, the article argues (...) that common law education has enhanced the professionalism of law students in Hong Kong and has contributed to their development of such professional values as ‘professional integrity’, ‘obedience to the law’ and ‘civil duty’. (shrink)

On 29 March 2017, the United Kingdom Government notified the European Council of its intention to withdraw from the European Union legal order. On 31 January 2020, the UK entered a transition period, during which it remains bound to the EU Treaty Framework. This review essay examines the near three-year period of the UK’s attempted cessation from the EU. It argues that what is most striking about the Brexit case is that it reveals the extent to which EU member states (...) remain bound by ideologies and tropes developed during the era of European colonisation—even in their relationship with each other. The review essay draws upon Brenna Bhandar’s Colonial lives of property: Law, Land and racial regimes of ownership, Danny Dorling and Sally Tomlinson’s Rule Britannia: Brexit and the end of empire, and Eva Mackey’s Unsettled expectations: Uncertainty, land and settler decolonization to show how Brexit bears upon themes that have long preoccupied postcolonial scholars working in a variety of contexts and geographical locations. From the Brexit example, the review article highlights the persistence of colonial projects of invention and the appropriative techniques and tropes that attend these and, above all, it highlights the necessity of decolonial violence. (shrink)

This article examines the findings of an empirical study of law students from the Singapore Management University on their internship experiences at private law firms. As internships are frequently undertaken by law students, it is necessary for stakeholders to understand their impact on the values and ideals of law students in relation to the law and legal practice. This article seeks to increase the consciousness of law school educators, lawyers, and the professional bar about how law firm internships are (...) contributing to the making of future lawyers, so as to facilitate the reflection by these parties as to their roles in shaping future lawyers. (shrink)

By examining the relationship between international law and empire from early modernity to the present, this volume aims at deepening current understandings of the way international legal institutions, practices, and narratives have shaped specifically imperial ideas about and structures of world governance.

Rule of law is a concept that is regularly debated by legal philosophers, often in connection to discussion of the concept of law. In this article, the focus is not on the substance of the conceptual claims, but on the methodologies employed by legal philosophers, investigating seminal articles on the rule of law by Joseph Raz and Jeremy Waldron. I argue that their philosophical argumentations often crucially depend on empirical or legal doctrinal arguments. However, these arguments remain underdeveloped. I (...) explore how these arguments could be linked to approaches related to rule of law in different fields of legal scholarship and investigate how the methodologies of these fields may complement each other. Thus, the article aims to provide an argument for a specific form of triangulation of three kinds of approaches to the rule of law: philosophical, social-scientific and legal doctrinal. This method of triangulation is illustrated by a discussion of the World Justice Project’s Rule of Law Index. (shrink)

In the empirical literature on legal education, law schools are often portrayed as rather elitist and competitive environments, dominated by authoritative law teachers, that promote a dogmatic approach to the law in which the moral and other contextual aspects of legal problems are being marginalised. We refer to legal socialisation that is marked by such characteristics as adaptive law school socialisation. This type of socialisation demands a great deal of adaptation from students whose identities do not fit well in (...) the traditional mould of the legal profession. In this article, we argue that law school socialisation may take a different form. Reflective law school socialisation, as we term this alternative type of law school socialisation, fosters a collaborative learning environment with supportive teachers that promote contextual reflection on law and its ethical and social ramifications. We use a case study of socialisation in a law school in the Netherlands to show how various elements of reflective law school socialisation can be identified in reality, and to demonstrate the analytical function of the distinction between adaptive and reflective law school socialisation. (shrink)

In his Kritik der reinen Vernunft, Kant asserts that laws of nature “carry with them an expression of necessity”. There is, however, widespread interpretive disagreement regarding the nature and source of the necessity of empirical laws of natural sciences in Kant's system. It is especially unclear how chemistry—a science without a clear, straightforward connection to the a priori principles of the understanding—could contain such genuine, empirical laws. Existing accounts of the necessity of causal laws (...) unfortunately fail to illuminate the possibility of non-physical laws. In this paper, I develop an alternative, ‘ideational’ account of natural laws, according to which ideas of reason necessitate the laws of some non-physical sciences. Chemical laws, for instance, are grounded on ideas of the elements, and the chemist aims to reduce her phenomena to these elements via experimentation. Although such ideas are beyond the possibility of experience, their postulation is necessary for the achievement of reason's theoretical ends: the unification and explanation of the cognitions of science. (shrink)

Dworkin is, perhaps, best known for the idea of moral rights in a "strong sense," which may not be limited by law. Long having opposed this idea to the doctrines of the legal positivism and correlative utilitarianism that dominate Anglo-American legal thought, Dworkin had not previously set out a general theory of law as a systematic theoretical alternative to legal positivism, but had restricted himself instead to provocative, ambitious, somewhat occasional essays which have been published in collected form under the (...) titles Taking Rights Seriously and A Matter of Principle. The frustration that this reticence has caused both friendly and not-so-friendly readers comes to an end with the publication of Law's Empire. The present book-length work makes possible greater certainty in understanding, applying, and evaluating Dworkin's ideas. (shrink)

Smedslund's view that my laws are non-empirical and tautological is based upon two arguments that I do not share. First, the content of the definition of emotion from which he starts is for me an empirically verifiable theory. Secondly, elements in that definition or theory, and in its derivations, are tautological only when these elements (like “want”) are merely understood as states of awareness, and not as constructs referring to observables outside the awareness of the subject of emotion: (...) antecedents, conditions. processes, and overt responses. In short, I think that my laws could be proven wrong or, more plausibly, unproductive, and thus not necessarily true.In addition, contrary to Smedslund, I hold that the laws of emotion can in part be contradictory precisely because they do not represent logical, but empirical, facts. Humans have contradictory interests and may well have provisions to Serve these interests. (shrink)