Logical positivism is often characterized as a set of naive doctrines on meaning, method, and metaphysics. In recent decades, however, historians have dismissed this view as a gross misinterpretation. This new scholarship raises a number of questions. When did the standard reading emerge? Why did it become so popular? And how could commentators have been so wrong? This essay reconstructs the history of a “caricature” and rejects the hypothesis that it was developed by ill-informed Anglophone scholars who failed to (...) appreciate the subtleties of European scientific philosophy. It argues that the received view has a more complicated history and was frequently promoted by the European positivists themselves. The essay shows that the view has roots in both American and European scientific philosophy and emerged as a result of the complex interplay between the two communities in the years before the intellectual migration. (shrink)

In No Place for Ethics, Hill argues the Supreme Court has an overriding obligation to ground its judicial review responsibilities not only in the Constitution but also in ethics, understood as the Constitution's ultimate justification. The text discusses a response to the question basic to all human beings: how should I behave?

Judging Positivism is a critical exploration of the method and substance of legal positivism. Margaret Martin is primarily concerned with the manner in which theorists who adopt the dominant positivist paradigm ask a limited set of questions and offer an equally limited set of answers, artificially circumscribing the field of legal philosophy in the process. The book focuses primarily but not exclusively on the writings of prominent legal positivist, Joseph Raz. Martin argues that Raz's theory has changed over (...) time and that these changes have led to deep inconsistencies and incoherencies in his account. One re-occurring theme in the book is that Razian positivism collapses from within. In the process of defending his own position, Raz is led to support the views of many of his main rivals, namely, Ronald Dworkin, the legal realists and the normative positivists. The internal collapse of Razian positivism proves to be instructive. Promising paths of inquiry come into view and questions that have been suppressed or marginalised by positivists re-emerge ready for curious minds to reflect on anew. The broader vision of jurisprudential inquiry defended in this book re-connects philosophy with the work of practitioners and the worries of law's subjects, bringing into focus the relevance of legal philosophy for lawyers and laymen alike"--Provided by publisher. (shrink)

This book represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought. Anthony Sebok traces the roots of positivism through the first half of the twentieth century, and rejects the view that one must adopt some version of natural law theory in order to recognize moral principles in the law. On the contrary, once one corrects for the mistakes (...) of formalism and postwar legal process, one is left with a theory of legal positivism that takes moral principles seriously while avoiding the pitfalls of natural law. The broad scope of this book ensures that it will be read by philosophers of law, historians of law, historians of American intellectual life, and those in political science concerned with public law and administration. (shrink)

Since its publication in 1982, _Beyond Positivism _has become established as one of the definitive statements on economic methodology. The book’s rejection of positivism and its advocacy of pluralism were to have a profound influence in the flowering of work methodology that has taken place in economics in the decade since its publication. This edition contains a new preface outlining the major developments in the area since the book’s first appearance. The book provides the first comprehensive treatment of (...) twentieth century philosophy of science which emphasizes the issues relevant to economics. It proceeds to demonstrate this relevance by reviewing some of the key debates in the area. Having concluded that positivism has to be rejected, the author examines possible alternative bases for economic methodology. Arguing that there is no best method, he advocates methodological pluralism. (shrink)

In this paper, I deploy an argument that I have developed in a number of recent papers in the service of three projects. First, I show that the most influential version of legal positivism – that associated with H.L.A. Hart – fails. The argument’s engine is a requirement that a constitutive account of legal facts must meet. According to this rational-relation requirement, it is not enough for a constitutive account of legal facts to specify non-legal facts that modally determine (...) the legal facts. The constitutive determinants of legal facts must provide reasons for the obtaining of the legal facts (in a sense of “reason” that I develop). I show that the Hartian account is unable to meet this requirement. That officials accept a rule of recognition does not by itself constitute a reason why the standards specified in that rule are part of the law of the community. I argue that it is false that understanding the explanatory significance of officials’ acceptance of a rule is part of our reflective understanding of the nature of law. The second project of the paper is to respond to a family of objections that challenge me to explain why normative facts and descriptive facts together are better placed to provide reasons for legal facts than descriptive facts alone. A unifying theme of the objections is that explanations have to stop somewhere; descriptive facts, it is suggested, are no worse a stopping place than normative facts. Third, the paper spells out a consequence of the rational-relation requirement: if an account of what, at the most basic level, determines legal facts is true in any possible legal system, it is true in all possible legal systems. For example, if a Hartian account of legal facts is true in any possible legal system, it is true in all possible legal systems. I use this all-or-nothing result in my critique of a Hartian account, but the result is of interest in its own right. (shrink)

The Third City , first published in 1982, offers an innovative response to the troubled relationship between Western philosophy, as it has been conducted since the Renaissance, and the everyday lives of the communities in which we live. Bebek contends that the model of philosophical reflection is to be found in Plato’s dialogues, which, rather than simply describing utopia through a series of abstract ‘concepts’, were instead designed to impel the learner towards a recognition of the true nature of reality (...) – as much a ‘self-recognition’ as an understanding of the world ‘out there’. Thus, in order to revive the spirit of true philosophy, it is necessary to avoid both the false extremes of idealism and materialism, and to allow ethics once more to merge with epistemology. This title presents an exposition of this ethically based philosophy, allowing the very human insights of Plato to illumine the diverse problems of today. (shrink)

신 존재증명의 다양한 분류 가운데 목적론적 논증이 가지는 위치는 특별하다. 보통 그것은 생물학, 물리학과 연관되어 경쟁하며 과학적 비판을 받는 유일한 논증방식인데 그 이유는 우리의 경험적 직관에 가장 부합하는 논증방식이기 때문일 것이다. 목적론적 논증의 핵심 추론방식인 유비는 그 본래적 한계성으로 인해 많은 비판의 대상이 되어왔다. 이는 목적론적 논증의 유비적 추론의 바탕이 되는 복잡성과 합목적성 등과 같은 개념에 대한 정의가 모호성을 띠고 있기 때문이다. 이에 본 논문에서 필자는 귀류법을 이용한 새로운 목적론적 논증을 제시하고자 한다. 새로운 논증은 유비 논증이 아니며 복잡성과 합목적성에 대한 (...) 개념에 전혀 의존하지 않는다는 점에서 이전의 논증들과 궤를 달리하게 될 것이다. 본 논증은 ‘목적인’의 실재성에 대한 매우 주관적인 하지만 부정할 수 없는 사실을 바탕으로 논의를 시작함으로써 다음과 같은 결론에 도달하게 되었다.BR ‘목적인’을 품고 있는 나의 존재가 온전히 물리-화학적으로(질료적으로) 환원될 수 있다는 명제는 거짓이다. (shrink)

R.G. Collingwood is not normally associated with analytic philosophy, neither negatively nor positively. He neither regarded himself, nor was regarded by his contemporaries and their successors, as an analytical philosopher. However, the story is more interestingly complex than this, both because Collingwood is one of the few pre-analytics in the UK who continues to be of interest to current analytical philosophers, especially in relation to the philosophy of art and history and his conception of metaphysics, and because he mounted a (...) critique of analytical philosophy in the years of its emergence. (shrink)

Edited by a leading exponent of the school, this book offers--in the words of the movement's founders--logical positivism's revolutionary theories on meaning and metaphysics, the nature of logic and mathematics, the foundations of knowledge ...

The aim of this collection of essays on legal positivism is to complete the already easily available English material on this subject. This is not a collection of writings by legal positivists, but about legal positivism.

This book develops a general theory of law, inclusive legal positivism, which seeks to remain within the tradition represented by authors such as Austin, Hart, MacCormick, and Raz, while sharing some of the virtues of both classical and modern theories of natural law, as represented by authors such as Aquinas, Fuller, Finnis, and Dworkin. Its central theoretical questions are: Does the existence or content of positive law ever depend on moral considerations? If so, is this fact consistent with legal (...) positivism? The author shows how inclusive positivism allows one to answer yes to both of these questions. In addition to articulating and defending his own version of legal positivism, which is a refinement and development of the views of H.L.A. Hart as expressed in his classic book The Concept of Law, the author clarifies the terms of current jurisprudential debates about the nature of law. These debates are often clouded by failures to appreciate that different theorists are offering differing kinds of theories and attempting to answer different questions. There is also a failure, principally on the part of Ronald Dworkin, to characterize opposing theories correctly. The clarity of Waluchow's work will help to remove the confusion which has hitherto marred some jurisprudential debate, particularly about Dworkin's work. (shrink)

In Unifying Biology, Smocovitis offers a series of claimsregarding the relationship between key actors in the synthesisperiod of evolutionary studies and positivism, especially claimsentailing Joseph Henry Woodger and the Unity of Science Movement.This commentary examines Woodger''s possible relevance to key synthesis actors and challenges Smocovitis'' arguments for theexplanatory relevance of logical positivism, and positivism moregenerally, to synthesis history. Under scrutiny, these arguments areshort on evidence and subject to substantial conceptual confusion.Though plausible, Smocovitis'' minimal interpretation – that somegeneralised (...) form of Comtean positivism had a role in synthesishistory – requires more of an evidential basis and must engageexisting scholarship on epistemic reforms in the biological sciencesprior to the synthesis period. Smocovitis is right to investigateepistemology in the synthesis period of evolutionary studies and tolook for links to wider changes in science and philosophy. However,in its present form, Unifying Biology fails to support herbasic interpretation. (shrink)

In Beyond Positivism, Behaviorism, and Neoinstitutionalism in Economics, Deirdre Nansen McCloskey zeroes in on the authoritarian cast of recent economics, arguing for a re-focusing on the liberated human. The behaviorist positivism fashionable in the field since the 1930s treats people from the outside. It yielded in Williamson and North a manipulative neoinstitutionalism. McCloskey argues that institutions as causes are mainly temporary and intermediate, not ultimate. They are human-made, depending on words, myth, ethics, ideology, history, identity, professionalism, gossip, movies, (...) what your mother taught you. Humans create conversations as they go, in the economy as in the rest of life. In engaging and erudite prose, McCloskey exhibits in detail the scientific failures of neoinstitutionalism. She proposes a "humanomics," an economics with the humans left in. Humanomics keeps theory, quantification, experiment, mathematics, econometrics, though insisting on more true rigor than is usual. It adds what can be learned about the economy from history, philosophy, literature, and all the sciences of humans. McCloskey reaffirms the durability of "market-tested innovation" against the imagined imperfections to be corrected by a perfect government. With her trademark zeal and incisive wit, she rebuilds the foundations of economics. (shrink)

This essay is conceived as a critical exposition of the central issues that figure in the ongoing conversation between Logical Positivists and neo Positivists on the one hand and Christian apologists on the other. My expository aim is to isolate and to describe the main issues that have emer ged in the extended discussion between men of Positivistic turn of mind and men sympathetic to the claims of Christianity. My critical aim is to select typical, influential stands that have been (...) taken on each of these issues, to assess their viability, and to isolate certain dilemmas which discussion of these issues has generated. I am convinced that the now commonly rejected verifiability theory of meaning is very commonly misunderstood and has been rejected by and large for the wrong reasons. Before it is cast off-if it is to be cast off-what is needed is a reconsideration of that theory and of the objections that its several formulations have elicited. Furthermore, at least partially because of a misconstruing of the verifiability doctrine, there have been some interesting-though in my opinion unsuccessful-claims advanced about the testability-status of sentences expressive of Christian belief. Moreover, in their haste to vindicate Christianity, some apologists have been fairly cavalier, in my opinion, about what "Christianity" involves. This volume offers what I hope will be a clear statement and analysis of the principle points at issue between Positivism and Christianity, together with my own assessment of where the argument stands now. (shrink)

Legal positivists maintain that the legality of a rule is fundamentally determined by social facts. Yet for much of legal history, ordinary officials used legal terminology in ways that seem inconsistent with positivism. Judges regularly cited, analyzed, and predicated their decisions on the ‘laws of justice’ which they claimed had universal legal import. This practice, though well-documented by historians, has received surprisingly little philosophical attention; I argue that it invites explanation from positivists. After taxonomizing the positivist’s explanatory options, I (...) suggest that the most viable option appeals to conceptual change: classical Romans, early modern Europeans, founding-era Americans were not using ‘law’ (or ‘lex’ or ‘jus’) to refer to the subject matter of contemporary legal philosophy. But the strategy is costly. It renders positivism’s truth surprisingly parochial. And it supplies new reasons for doubting positivist accounts of contemporary practices, including the treatment of moral principles in modern adjudication. (shrink)

This 1996 book provides a detailed, systematic reconsideration of the neglected nineteenth-century positivist Auguste Comte. Apart from offering an accurate account of what Comte actually wrote, the book argues that Comte's positivism has never had greater contemporary relevance than now. The aim of the first part of the book is to rescue Comte from the influential misinterpretation of his work by John Stuart Mill. The second part argues that this deep historically-minded concern with the tradition of philosophy for current (...) philosophical practice places Comte in the same camp as such well-known post-positivists as Richard Rorty, Charles Taylor, and Hilary Putnam. Professor Scharff concludes that, even though he was the first positivist, Comte is also the only positivist who retains his relevance today. (shrink)

Pierre Duhem gilt ais einer der wichtigsten Reprüsentanten der franzosischen Wissenschaftsphilosophie um 1900. Seine Konzeption physikalischer Theorien wird üblicherweise ais moderne Umsetzung des antiken – proto-positivistischen – Programms der „Rettung der Phänomene‟ angesehen. Diese Sicht ist richtig, bedarf aber der Ergänzung, indem der diskursive Kontext der Duhemschen Position berücksichtigt wird. Im vorliegenden Beitrag wird dargelegt, dass Duhems philosophischer Zeitgenosse Abel Rey eine zentrale Rolle in diesem Zusammenhang spielte.