The aim of this paper is to show how thought experiments help us learn about laws. After providing examples of this kind of nomic illumination in the first section, I canvass explanations of our modal knowledge and opt for an evolutionary account. The basic application is that the laws of nature have led us to develop rough and ready intuitions of physical possibility which are then exploited by thought experimenters to reveal some of the very laws responsible for those intuitions. (...) The good news is that natural selection ensures a degree of reliability for the intuitions. The bad news is that the evolutionary account seems to limit the range of reliable thought experiment to highly practical and concrete contexts. In the fifth section, I provide reasons for thinking that we are not as slavishly limited as a pessimistic construal of natural selection suggests. Nevertheless, I promote the idea that biology is a promising source of predictions and diagnoses of thought experiment failures. (shrink)

This article is concerned with the relationship between scientific practice and the metaphysics of laws of nature and natural properties. I begin by examining an argument by Michael Townsen Hicks and Jonathan Schaffer that an important feature of scientific practice—namely, that scientists sometimes invoke non-fundamental properties in fundamental laws—is incompatible with metaphysical theories according to which laws govern. I respond to their argument by developing an epistemology for governing laws that is grounded in scientific practice. This epistemology is (...) of general interest for non-Humean theories of laws, for it helps to explain our epistemic access to non-Humean theoretical entities such as governing laws or fundamental powers. (shrink)

Standard objections to the notion of a hedged, or ceteris paribus, law of nature usually boil down to the claim that such laws would be either 1) irredeemably vague, 2) untestable, 3) vacuous, 4) false, or a combination thereof. Using epidemiological studies in nutrition science as an example, I show that this is not true of the hedged law-like generalizations derived from data models used to interpret large and varied sets of empirical observations. Although it may be ‘in principle impossible’ (...) to construct models that explicitly identify all potential causal interferers with the relevant generalization, the view that our failure to do so is fatal to the very notion of a cp-law is plausible only if one illicitly infers metaphysical impossibility from epistemic impossibility. I close with the suggestion that a model-theoretic approach to cp-laws poses a problem for recent attempts to formulate a Mill-Ramsey-Lewis theory of cp-laws. (shrink)

Quine’s project of “naturalized epistemology” is usually interpreted as a rejection of classical epistemology, which becomes merely a “chapter of psychology”. It does not imply, however, a different understanding of the character of naturalization is inadequate or wrong. Susan Haack’s interpretations are briefly analyzed in the paper. Thereafter, they are harnessed as models of interpretation of the “naturalization of law”. The main aim is to point the radical reading of Quine’s project is not the only acceptable one. Consequently, (...) there are at least three models of the “naturalization of law” that are analogical to the “naturalization of epistemology”. The author details their character. (shrink)

The essay addresses the well‐known idea that there has to be a place for intuition, thought of as a kind of non‐inferential rational insight, in the epistemology of basic logic if our knowledge of its principles is non‐empirical and is to allow of any finite, non‐circular reconstruction. It is argued that the error in this idea consists in its overlooking the possibility that there is, properly speaking, no knowledge of the validity of principles of basic logic. When certain important (...) distinctions are observed, for instance that between recognising that Modus Ponenes is sound and recognising that it is proof against the competent discovery of basic counterexamples, the case for thinking that there is indeed no space for genuine recognition of the validity of Modus Ponens becomes increasingly impressive. It is argued however that, the impossibility of knowledge notwithstanding, we are, in an important sense, entitled to take it that Modus Ponens is sound and that this notion of entitlement can help break the trichotomy ‐ intuition, inference, experience ‐ which imprisons our ordinary thinking about logical knowledge. (shrink)

The literature on the epistemology of ignorance already discusses how certain forms of discrimination, such as racism and sexism, are perpetuated by the ignorance of individuals and groups. However, little attention has been given to how speciesism—a form of discrimination on the basis of species membership—is sustained through ignorance_._ Of the few animal ethicists who explicitly discuss ignorance, none have related this concept to speciesism as a form of discrimination. However, it is crucial to explore this connection, I argue, (...) as ignorance is both an integral part of the injustice done to animals as well as an obstacle to improving their treatment. In order to adequately criticize sustained structural speciesism and injustices towards animals, I develop an epistemological account of ‘speciesist ignorance’. I begin by defining and distinguishing between individual and group-based accounts of speciesist ignorance. I argue that humans, taken as a group, enjoy a position of privilege, which allows them to comfortably remain ignorant of their participation in collective wrongdoings towards animals. Additionally, I point out that speciesist ignorance is structurally encouraged and thereby maintains the dominant view that the human-animal-relationship, as it stands, is just. In sum, this article lays the groundwork for a social epistemology of speciesist ignorance. In particular, it informs further debate about individual and institutional epistemic duties to inquire into speciesism and to inform the public, about the moral culpability of ignorant actions, and about effective animal advocacy and policy which actively rejects speciesist ignorance. (shrink)

This paper is concerned with the question of the truth conditions of nomological statements. My fundamental thesis is that it is possible to set out an acceptable, noncircular account of the truth conditions of laws and nomological statements if and only if relations among universals - that is, among properties and relations, construed realistically - are taken as the truth-makers for such statements. My discussion will be restricted to strictly universal, nonstatistical laws. The reason for this limitation is not that (...) I feel there is anything dubious about the concept of a statistical law, nor that I feel that basic laws cannot be statistical. The reason is methodological. The case of strictly universal, nonstatistical laws would seem to be the simplest case. If the problem of the truth conditions of laws can be solved for this simple subcase, one can then investigate whether the solution can be extended to the more complex cases. I believe that the solution I propose here does have that property, though I shall not pursue that question here.1. (shrink)

In this paper, I challenge an influential understanding of naturalization according to which work on traditional problems in the philosophy of law should be replaced with sociological or psychological explanations of how judges decide cases. W.V. Quine famously proposed the ‘naturalization of epistemology’. In a prominent series of papers and a book, Brian Leiter has raised the intriguing idea that Quine’s naturalization of epistemology is a useful model for philosophy of law. I examine Quine’s naturalization of epistemology (...) and Leiter’s suggested parallel and argue that the parallel does not hold up. Even granting Leiter’s substantive assumption that the law is indeterminate, there is no philosophical confusion or overreaching in the legal case that is parallel to the philosophical overreaching of Cartesian foundationalism in epistemology. Moreover, if we take seriously Leiter’s analogy, the upshot is almost the opposite of what Leiter suggests. The closest parallel in the legal case to Quine’s position would be the rejection of the philosophical positions that lead to the indeterminacy thesis. (shrink)

Basing Its Critique Of Western Legal Positivism On Concepts That Are Fundamental To The Indigenous Tradition Of Dharmasastra, This Work Is An Indian Restatement Of The Nature Of Law, Both Of Its Parts And Essence.

I argue for the claim that if Lewis’s regularity theory of laws were true, we could not know any positive law statement to be true. Premise 1: According to that theory, for any law statement true of the actual world, there is always a nearby world where the law statement is false (a world that differs with respect to one matter of particular fact). Premise 2: One cannot know a proposition to be true if it is false in a nearby (...) world (the epistemological safety principle). The conclusion that no law statement can be known to be true follows immediately from the two premises. (shrink)

This volume presents cutting edge research by many of the leading researchers in the field of religious epistemology, a field that has seen major development in recent years. This book attempts to answer the questions of: how reasonable is belief in God? Can a good evidential case be made either for the existence of God, or against the existence of God? Does the existence of enormous suffering, or religious disagreement, provide significant evidence against the existence of God? How might (...) we best come to know God? What's required for religious belief to qualify as rational? All of the papers included in this volume aim to be accessible to the interested layperson. (shrink)

Intelligent design creationism (ID) is a religious belief requiring a supernatural creator's interventions in the natural order. ID thus brings with it, as does supernatural theism by its nature, intractable epistemological difficulties. Despite these difficulties and despite ID's defeat in Kitzmiller v. Dover Area School District (2005), ID creationists' continuing efforts to promote the teaching of ID in public school science classrooms threaten both science education and the separation of church and state guaranteed by the U. S. Constitution. I examine (...) the ID movement's failure to provide either a methodology or a functional epistemology to support their supernaturalism, a deficiency that consequently leaves them without epistemic support for their creationist claims. My examination focuses primarily on ID supporter Francis Beckwith, whose published defenses of teaching ID, as well as his other relevant publications concerning education, law, and public policy, have been largely exempt from critical scrutiny. Beckwith's work exhibits the epistemological deficiencies of the supernaturally grounded views of his ID associates and of supernaturalists in general. I preface my examination of Beckwith's arguments with (1) philosopher of science Susan Haack's clarification of the established naturalistic methodology and epistemology of science and (2) discussions of the views of Beckwith's ID associates Phillip Johnson and William Dembski. Finally, I critique the religious exclusionism that Beckwith shares with his ID associates and the implications of his exclusionism for public policy. (shrink)

Poe's Law is roughly that online parodies of religious extremism are indistinguishable from instances of sincere extremism. Poe's Law may be expressed in a variety of ways, each highlighting either a facet of indirect discourse generally, attitudes of online audiences, or the quality of online religious material. As a consequence of the polarization of online discussions, invocations of Poe's Law have relevance in wider circles than religion. Further, regular invocations of Poe's Law in critical discussions have the threat of further (...) entrenching and polarizing views. (shrink)

In this Symposium on the Ethics and Epistemology of Big Data, we present four perspectives on the ways in which the rapid growth in size of research databanks—i.e. their shift into the realm of “big data”—has changed their moral, socio-political, and epistemic status. While there is clearly something different about “big data” databanks, we encourage readers to place the arguments presented in this Symposium in the context of longstanding debates about the ethics, politics, and epistemology of biobank, database, (...) genetic, and epidemiological research. (shrink)

The article is the author’s endeavor to reconstruct the semiotic conflict in the transatlantic legal appraisal of hate speech (between the USA and Europe) through Ancient Greek concepts of παρρησία (parrhēsia) and ισηγορία (isēgoria). The US Supreme Court case law on the First Amendment to American Constitution is, therefore, counter-balanced vis-à-vis la jurisprudence de Strasbourg on Article 10 of the European Convention of Human Rights. The author suggests that an adequate comprehension of the contemporary constitutional concepts of the right to (...) free speech in Western democracies is deceptive without a thorough analysis of its genealogy in the Ancient rhetorical cradle. (shrink)

This text aims at pointing out some of the philosophy of law present in the works of the Hellenist philosopher and physician Sextus Empiricus (ΣΕΞΤΟϒ ΕΜΠΕΙΡΙΚΟϒ), and supports two main theses: the first, based on an epistemological point of view, presupposes that exact knowledge of the world — that is, an entirely adequate relationship between the mind of each human being and the events around — is not possible, which insurmountably renders all perception relative. The second thesis, from an axiological (...) point of view, postulates that Skepticism does not necessarily imply disregarding concepts of justice or abandoning any ethical parameters, but functions as an immunizing element against intolerance and dogmatism. (shrink)

This article is aimed at representing the approaches of legal theory to the interaction between law and politics and to depict the main national features of the relationship between law and politics. The analysis is based on the adoption of methodology of fundamental work of Mauro Zamboni “Law and Politics”. The adoption of methodology was used only partially, while seeking to identify and clarify the features of static, dynamic and epistemological aspects of the relationship of law and politics in Lithuania. (...) Researchers have faced the problem of a diverse approach to the definitions of law and politics, and it has been resolved by focusing only to the researches representing the standpoint of legal theories. The analysis has led to the findings that there are reasonable grounds to assume that legal content (referring to the “static” aspect of law and politics) in Lithuania is flexible to outgoing politics. This implication is based on 1) the noticeable disproportion of legal regulation in different areas of social life, 2) law-making priority areas determined mostly by the choice of political actors will and 3) through changed execution of legal norms, prefering the forms which could be more cost effective (alternative dispute resolutions) and more suitable for changing social environment. What concerns the “dynamic” aspect of the relation between law and politics, it is implicated that there are backings for both open and closed law making, but at the same time more open legislative features are observed than the closed ones. This tendency is identified in the legislative process, where the help out of non-legal world is applied (using sociology) and the persistence of politicians to access and use the institutes of citizens’ legislative initiative (iniciatives for referendums or other legislative initiatives, the right to petition, etc.) is obvious. The reflection of „epistemological“ aspect of the relationship between law and politics in Lithuanian legal discipline reflects the general trend of international scientific community of law. It is considered to step back from the autonomous legal discipline concepts and in this way the appropriate conditions for incorporation of different categories from other scientific fields are created. On the other hand, a reserved cautious attitude of both researchers and research institutions on the conjunction of law and political science is observed. The interaction between law and economics and business or public relations is still prioritized. (shrink)

In place of the traditional epistemological view of knowledge as justified true belief we argue that artificial intelligence and law needs an evidence-based epistemology according to which scientific knowledge is based on critical analysis of evidence using argumentation. This new epistemology of scientific evidence (ESE) models scientific knowledge as achieved through a process of marshaling evidence in a scientific inquiry that results in a convergence of scientific theories and research results. We show how a dialogue interface of argument (...) from expert opinion, along with its set of critical questions, provides the argumentation component of the ESE. It enables internal scientific knowledge to be translated over into a wider arena in which individual nonexpert citizens and groups can make use of it. The external component shows how evidence is presented and used in a legal procedural setting that includes fact-finding, weighing the credibility of expert witnesses, and critical questioning of arguments. The paper critically reviews the standards of admissibility of scientific evidence using the ESE. (shrink)

Until quite recently, the epistemology of logical laws has not been much discussed and neither has how one can be justified in claiming that a particular inference is valid. The transfer of warrant from premises to conclusion in modus ponens will be examined in the paper through assessing Paul Boghossian's inferentialist proposal of assuming 'blind reasoning'. It will be argued that merely being justified in inferring according to a logical law a priori is worthless unless one can also be (...) justified in claiming that the inference is valid. An alternative to Boghossian's solution will be presented which addresses this need as well as the needs Boghossian had identified previously. (shrink)

The essay examines intellectual virtue in the Summa theologiae, taking it as an interpretative key to the epistemology of the Summa theologiae as a whole. Because Aquinas blurs the line between the acquired and the theological virtues, and between virtues and the gifts of the Spirit, it becomes impossible to maintain the distinction between the realms of nature and grace, or between natural reason and revealed truth: grace permeates the most ordinary activities of human reasoning. This reading of the (...) Summa theologiae raises questions about many contemporary debates, particularly those concerning natural law. (shrink)

The Communicational Theory of Law (CTL) usually differentiates between Legal Sociology and Legal Theory, in the sense that Legal Sociology is concerned with the social validity of the rules and Legal Theory with the formal or legal validity of the rules. It can be argued that both disciplines are two different perspectives of the same empirical reality (legal rules). Also, legal System and social milieu are two closely linked realities; they cannot be separated because they need each other. The Law (...) is the form or order that the social milieu takes, and, at the same time, the social environment provides the ideas, collective representations and other matters that need a legal regulation. For this reason, the epistemological separation between Sociology and Legal Theory must be overcome when the theoretical perspective comes to legal decisions. Thus, the decisional moment becomes the meeting point between the legal System and the social milieu. This is where the concept of the legal System fulfils its main function, as it allows for the dynamism and adaptability of the legal order. The hermeneutic re-elaboration of the normative texts will be the channel through which the social facts and other material elements can inform the meaning or possible interpretations of the rules and institutions of the legal order. This happens primarily by influencing theoretical and doctrinal works of an expository and didactic nature; and secondarily by influencing the decisions of legal operators and courts. This study seeks to explain how the social context influences legal decisions and the formation of the legal System, from a communicational perspective of Law. In order to do so, it will be necessary to set out two epistemological premises of CTL: the semiotic tripartition of the Theory of Law and the legal Order-legal System distinction. (shrink)

This paper develops an account of the metaphysics of fundamental laws I call “the Package Deal Account ” that is a descendent of Lewis’ BSA but differs from it in a number of significant ways. It also rejects some elements of the metaphysics in which Lewis develops his BSA. First, Lewis proposed a metaphysical thesis about fundamental properties he calls “Humean Supervenience” according to which all fundamental properties are instantiated by points or point sized individuals and the only fundamental relations (...) are geometrical spatial and temporal relations between these. While the BSA does not require HS Lewis seems to hope that it is true. In contrast, the PDA is not committed to HS or even to the fundamental arena in which fundamental properties are instantiated possessing geometrical structure and thus is able to accommodate relations and structures found in contemporary physics that apparently conflict with HS. Second, although Lewis’ BSA doesn’t require HS his Humeanism does require that fundamental properties are categorical. In contrast, the PDA allows for the possibility that fundamental properties are individuated in terms of laws and so are not categorical. Third, the PDA expands and develops the criteria for what counts in favor of a candidate system with more attention to the criteria employed by physicists in evaluating proposed theories. Fourth and most importantly, unlike Lewis’ BSA, the PDA does not presuppose metaphysically primitive elite properties/quantities that Lewis calls “perfectly natural” properties/quantities or presuppose a metaphysically preferred language whose terms denote such properties/quantities. It replaces Lewis’ account with an account on which natural properties are not metaphysically prior to the laws but are elements of a package that includes a fundamental arena that plays the role of space-time as well as fundamental laws and properties. By doing so it responds to some epistemological and metaphysical issues that have been raised regarding natural properties and their role in the BSA. In sum, the PDA goes further in explicating the notion of laws in terms of the aims and practices of science especially fundamental physics rather than in terms of prior metaphysics. I begin by reviewing Lewis’ account of perfectly natural properties and his Humean BSA of laws. (shrink)

Opponents of ceteris paribus laws are apt to complain that the laws are vague and untestable. Indeed, claims to this effect are made by Earman, Roberts and Smith in this volume. I argue that these kinds of claims rely on too narrow a view about what kinds of concepts we can and do regularly use in successful sciences and on too optimistic a view about the extent of application of even our most successful non-ceteris paribus laws. When it comes to (...) testing, we test ceteris paribus laws in exactly the same way that we test laws without the ceteris paribus antecedent. But at least when the ceteris paribus antecedent is there we have an explicit acknowledgment of important procedures we must take in the design of the experiments — i.e., procedures to control for “all interferences” even those we cannot identify under the concepts of any known theory. (shrink)

According to best systems accounts, laws of nature are generalizations in the best systematization of particular matters of fact. Metrics such as simplicity and strength determine which systematization is best, but these are notoriously language relative. For this reason, David Lewis proposed a constraint on languages of inquiry: all predicates must be natural. This constraint is sometimes interpreted as requiring us to know which natural properties are instantiated in our world prior to scientific theorizing. I argue that this interpretation is (...) incorrect. I provide a better interpretation and show how it undercuts an influential epistemological objection to Lewis's best systems account of laws due to Bas van Fraassen. (shrink)

The objective of the article is to present Hans Kelsen’s basic norm concept that allows the combination of the two relevant dimensions in relation to juridical science, namely the positivity and validity of law. The role of the concept of basic norm is presented by the author of the Reine Rechtslehre with reference to Kant as a concept enabling formulation of an answer to the question “To what extent is it possible to interpret certain facts as objectively valid legal norms?” (...) The epistemological problem of the object of cognition of juridical science is connected with the issue of normativity. According to Kelsen, only the assumption of a certain nonpositive hypothetical norm regulating the legislation of norms of a given system enables normative interpretation of certain facts. The basic norm authorizes the way of issuing norms, yet not their content. The structure of the legal order creates a hierarchical system in which the higher category norms delegate the law-making power to create the lower category norms. The legal system creates a dynamic system of norms. (shrink)

The paper focuses on the problem of identification of laws of nature and their demarcation from other kinds of regularities. The problem is approached from the viewpoint of several metaphysical, epistemological, logical and methodological criteria. Firstly, several dominant approaches to the problem are introduced. Secondly, the logical and semantic explicatory framework – Transparent Intensional Logic – is presented for the sake of clarification of logical forms of sentences that are supposed to express the laws of nature. Finally, a complementary strategy (...) to the demarcation problem is proposed, including reconsideration of relevant metaphysical, epistemological, logical and methodological requirements and principles behind the former conceptions. (shrink)

Predictive policing has become a new panacea for crime prevention. However, we still know too little about the performance of computational methods in the context of predictive policing. The paper provides a detailed analysis of existing approaches to algorithmic crime forecasting. First, it is explained how predictive policing makes use of predictive models to generate crime forecasts. Afterwards, three epistemologies of predictive policing are distinguished: mathematical social science, social physics and machine learning. Finally, it is shown that these epistemologies have (...) significant implications for the constitution of predictive knowledge in terms of its genesis, scope, intelligibility and accessibility. It is the different ways future crimes are rendered knowledgeable in order to act upon them that reaffirm or reconfigure the status of criminological knowledge within the criminal justice system, direct the attention of law enforcement agencies to particular types of crimes and criminals and blank out others, satisfy the claim for the meaningfulness of predictions or break with it and allow professionals to understand the algorithmic systems they shall rely on or turn them into a black box. By distinguishing epistemologies and analysing their implications, this analysis provides insight into the techno-scientific foundations of predictive policing and enables us to critically engage with the socio-technical practices of algorithmic crime forecasting. (shrink)

Cottingham : Western philosophy : an anthology (second edition) -- Cahoone : from modernism to postmodernism : an anthology (expanded -- Second edition) -- Lafollette : ethics in practice : an anthology (third edition) -- Goodin and Pettit: contemporary political philosophy: an anthology (second -- Edition) -- Eze: african philosophy : an anthology -- McNeill and Feldman : continental philosophy : an anthology -- Kim and Sosa : metaphysics : an anthology -- Lycan and Prinz : mind and cognition : (...) an anthology (third edition) -- Kuhse and Singer : bioethics : an anthology (second edition) -- Cummins and Cummins : minds, brains, and computers : the foundations of -- Cognitive science : an anthology -- Sosa, Kim, Fantl, and McGrath epistemology : an anthology (second edition) -- Kearney and Rasmussen : continental aesthetics, romanticism to -- Postmodernism : an anthology -- Martinich and Sosa : analytic philosophy : an anthology -- Jacquette : philosophy of logic : an anthology -- Jacquette : philosophy of mathematics : an anthology -- Harris, Pratt, and Waters : American philosophies : an anthology -- Emmanuel and Goold: modern philosophy from Descartes to Nietzsche : an anthology -- Scharff and Dusek : philosophy of technology ; the technological condition : an anthology -- Light and Rolston : environmental ethics : an anthology -- Taliaferro and Griffiths : philosophy of religion : an anthology -- Lamarque and Olsen : aesthetics and the philosophy of art; the analytic -- Tradition : an anthology -- John and Lopes : philosophy of literature ; contemporary and classic -- Readings : an anthology -- Cudd and Andreasen : feminist theory : a philosophical anthology -- Carroll and Choi : philosophy of film and motion pictures : an anthology -- Lange : philosophy of science : an anthology -- Shafer-Landau and Cuneo : foundations of ethics : an anthology -- Curren : philosophy of education : an anthology -- Shafer-Landau : ethical theory : an anthology -- Cahn and Meskin : aesthetics : a comprehensive anthology -- McGrew, Alspector-Kelly and Allhoff : the philosophy of science : an historical -- Anthology -- May and Brown : the philosophy of law : classic and contemporary readings -- Forthcoming -- Rosenberg and ARP : philosophy of biology : an anthology. (shrink)

In a circulated but heretofore unpublished 2001 paper, I argued that Leiter's analogy to Quine's 'naturalization of epistemology' does not do the philosophical work Leiter suggests. I revisit the issues in this new essay. I first show that Leiter's replies to my arguments fail. Most significantly, if — contrary to the genuinely naturalistic reading of Quine that I advanced — Quine is understood as claiming that we have no vantage point from which to address whether belief in scientific theories (...) is ever justified, it would not help Leiter's parallel. Given Leiter's way of drawing the parallel, the analogous position in the legal case would be not the Legal Realists' indeterminacy thesis, but the very different position that we have no vantage point from which to address whether legal decisions can ever be justified. I then go on to address the more important question of whether the indeterminacy thesis, if true, would support any replacement of important legal philosophical questions with empirical ones. Although Ronald Dworkin has argued against the indeterminacy thesis, if he were wrong on this issue, it would not in any way suggest that the questions with which Dworkin is centrally concerned cannot fruitfully be addressed. The indeterminacy thesis is a bone of contention in an ordinary philosophical debate between its proponents and Dworkin. Of course, if the determinacy thesis were true, no one should try to show that it is false, but this triviality lends no support to the kind of replacement proposal that Leiter proposes. I conclude with some general reflections on naturalism and philosophical methodology. (shrink)

Divine conceptualism takes all abstract objects to be propositions in the mind of God. I focus here on necessary propositions and contemporary claims that the laws of logic, understood as necessarily true propositions, provide us with an epistemic bridge to theological predication—specifically, to the claim that God exists. I argue that when contemporary versions of DC say ‘G/god’ they merely rename the notion of necessary truth, and fail to refer to God. Given that God is incomprehensible, epistemic access to the (...) state of propositions in the mind of God is extremely limited. (shrink)

This article aims to analyse a possible manner of approaching the birth of intersexual children. We start out by summing up what intersexuality is and how it is faced in the dominant clinical practice. We then argue against this paradigm, in favour of a postponement of genital surgery. In the second part of this paper, we take into consideration the general question of whether only two existing sexes are to be recognized, arguing in favour of an expansion of sex categories. (...) In the third part, we illustrate the reasons supporting provisional sex attribution: the child’s best interest and respect for their developing moral autonomy. This position aims to increase the child’s well-being and self-determination, limiting parents’ freedom to take decisions on behalf of others, in particular, those decisions concerning basic aspects of their children’s personal identity. (shrink)

Philosophers often make exotic-sounding modal claims, such as: “A timeless world is impossible”, “The laws of physics could have been different from what they are”, “There could have been an additional phenomenal colour”. Otherwise popular empiricist modal epistemologies in the contemporary literature cannot account for whatever epistemic justification we might have for making such modal claims. Those who do not, as a result of this, endorse scepticism with respect to their epistemic status typically suggest that they can be justified but (...) have yet to develop some distinct, workable theory of how. That is, they endorse a form of non-uniformism about the epistemology of modality, according to which claims about philosophically interesting modal matters need to be justified differently from e.g. everyday or scientific modal claims, but they fail to provide any more detail. This article aims to fill this gap by outlining how such a non-uniformist view could be spelled out and what story about philosophically interesting modal justification it could contain. (shrink)

Spontaneously broken symmetries are often called hidden or secret symmetries. They are symmetries in the laws of nature that do not show up in observable phenomena. This raises the basic epistemological question: Is there reason to believe that these hidden symmetries are real features of nature rather than artifacts of theorizing. This paper clarifies the epistemic status of spontaneously broken symmetries. It presents the details of an argument by analogy that suggests the spontaneously broken gauge symmetry of electroweak interactions, and (...) the subsequent hypothetico-deductive testing of the hypothesis. It is a story of how dubious means can lead to a credible end. (shrink)

Several major breakthroughs in the history of physics have been prompted not by new empirical data but by thought experiments. James Robert Brown and John Norton have developed accounts of how thought experiments can yield such advances. Brown argues that knowledge gained via thought experiments demands a Platonic explanation; thought experiments for Brown are a window into the Platonic realm of the laws of nature. Norton argues that thought experiments are just cleverly disguised inductive or deductive arguments, so no new (...) account of their epistemology is needed. In this paper, I argue that although we do not need to invoke any Platonic insight to explain thought experimentation, Norton’s eliminativist account fails to capture the unique epistemological importance of thought experiments qua thought experiments. I then present my own account, according to which thought experiments are a particular type of inductive inference that is uniquely suited to generate new breakthroughs. (shrink)

This paper explores some of the important parallels between recent reforms to legal rules for the admissibility of scientific and expert evidence, exemplified by the US Supreme Court's decision in Daubert v Merrell Dow Pharmaceuticals, Inc. in 1993, and similar calls for reforms to medical practice, that emerged around the same time as part of the Evidence-Based Medicine (EBM) movement. Similarities between the “movements” can be observed in that both emerged from a historical context where the quality of medicine and (...) legal approaches to science were being subjected to growing criticism, and in the ways that proponents of both movements have used appeals to “folk epistemologies” of science to help legitimate their reform aspirations. The term folk epistemology is used to describe the weaving together of formal and informal images of scientific method with normative and pragmatic concerns such as eradicating “junk science”, and promoting medical best practice. Perhaps unsurprisingly, given the unfocused breadth of these aspirations the implications of these “reforms” for medical and legal practice have not been straightforward, although they do represent an important new set of rhetorical resources to critique and or legitimate expertise in medical and legal domains. Discussion closes, by noting the growth of calls for these movements to reciprocate in areas where law and medicine intersect, such as medical negligence litigation. (shrink)

The philosophy of nature operates as one complete and systematic aspect of Schelling’s philosophy in the years 1797-1801 and as complement to Schelling’s transcendental philosophy at this time. The philosophy of nature comes with its own, naturalistic epistemology, according to which human natural productivity provides the basis for human access to nature’s own productive laws. On the basis of one’s natural productivity, one can consciously formulate principles which match nature’s own lawful principles. One refines these principles through a process (...) of experimentation, which relies on the human being’s naturalness in productivity. By making natural activity central to knowledge, Schelling takes seriously the naturalness of humans, without denying the dramatic shift that occurs when consciousness and rationality factor into experience. This epistemology can thus be fruitfully put in conversation with current philosophical discussions of mind and nature, in that it offers a naturalized account of mind which does not suffer from the typical weaknesses of a contemporary Kantian or Hegelian account. The paper thus concludes with a discussion of John McDowell’s Mind and World, and shows how Schelling’s philosophy can resolve some tensions in that work. (shrink)

My analysis here is an attempt to bring out the main through-line in the development of Bulgarian philosophy of law today. A proper account of Bulgarian philosophy of law in the 20th century requires an attempt to find, on the one hand, a solution to epistemological and methodological problems in law and, on the other, a clear-cut influence of the Kantian critical tradition. Bulgarian philosophy of law follows a complicated path, ranging from acceptance and revision of Kantian philosophy to the (...) development of interesting theories on the logic of legal reasoning. (shrink)

The question of the metaphysical status of the laws of physics has received increased attention in recent years. Perhaps most well-known among this work are David Lewis’s Humean supervenience and Nancy Cartwright’s dispositionalism, both of which reject the classical conception of the laws of physics as necessary and real independent of the objects they govern, arguing instead that what we call laws are shorthand for the regularities of local states of affairs or the dispositions of objects. The properties of necessity (...) and reality are generally taken to go hand-in-hand when physical laws are concerned; however, this leaves aside the possibility that the laws of physics are independently real yet contingent. This paper will explore this third option which is found in the work of Quentin Meillassoux. We will ask: if laws both exist independent of their objects and are contingent, what happens when laws change? Specifically, the possibility of metaphysical retro-causation becomes a live option. This raises both questions of the ontological status of the past as well as our epistemic access to the past after a change in physical laws. Meillassoux’s ontology of hyper-chaos weathers this challenge with its consistency intact; however, it is an open question of whether or not saving the reality of physical laws by sacrificing their necessity is worth the epistemic limits and metaphysical strangeness that it implies. (shrink)

"This collection is the first book-length examination of the various epistemological issues underlying legal trials. Trials are, among other things, centrally concerned with determining truth: whether a criminal defendant has in fact culpably committed the act of which they are accused, or whether a civil defendant is in fact responsible for the damages alleged by the plaintiff. But are trials truth-conducive? Assessing the value of trials as truth-seeking endeavors requires that we consider a host of underlying social epistemological questions. The (...) contributors to this volume address a number of these pressing questions, including but not limited to the following: How much credence should they give to eyewitness testimony? How should we balance the relative epistemic value of testimony offered by defense witnesses and prosecution witnesses? Are juries an effective means of arriving at justified beliefs about a defendant's guilt or innocence? When, if ever, is statistical information about a defendant's character relevant? What degree of certainty should we require to support a verdict of 'guilty'? How should standards of proof be interpreted for allegations that contain numerous discrete components? The Social Epistemology of Legal Trials will be of interest to scholars and upper-level students working on issues at the intersection of epistemology and philosophy of law"--. (shrink)

This volume provides a critical roadmap through the major historical sources of legal semiotics as we know them today. The history of legal semiotics, now at least a century old, has never been written (a non-event itself pregnant with semiotic possibility). As a consequence, its sources are seldom clearly exposed and, as word, object and meaning change, are sometimes lost. They reach from an English translation of the 1916 inaugural lecture of the first Chair in Legal Significs at the Amsterdam (...) University, via mid 20th century studies on "property" or "contract," to equally fascinating essays on contemporary semiotic problems produced by former students of the Roberta Kevelson Semiotics Roundtable Seminar at Penn State University 2012 and 2013. Together, the materials in this book weave the fabric of semiotics and significs, two names for the unfolding of semiotics in law and legal discourse at least until the second half of the 20th century, and both of which covered a lawyer's focus on sign and meaning in law. The latter is embedded within the cultural imperatives of the civilization that gave these terms meaning and made them an effective tool for the dissection of law, its reconstitution as an instrument to be used by the lawyer to advance the interests of her clients, and for judges as a means to restructure language as a narrative of law whose power could bend behavior to its strictures. Legal semiotics has become an indispensible part of the elite lawyer's toolkit and a fundamental approach to analysis of legal texts. Two previous volumes published in 2011 and 2012 explored the conceptual, methodological and epistemological progress in the field of legal semiotics, the modern forms of semiotics study, and the mechanics of meaning making processes by lawyers. Yet the great lessons of semiotics requires a focus on the origins of the concepts and frameworks that would become contemporary legal semiotics, its origins as an object of the consciousness of meaning making-one whose roots, as lessons for the oracular conversations of law, are expanded in this volume. (shrink)

In ‘The Harm in Hate Speech’ Waldron’s most interesting and ground-breaking contribution lies in a distinctive epistemological role he assigns to hate speech legislation: it is necessary for assurance of justice, and thus for justice itself. He regards public social recognition of what is owed to citizens as a public good, contributing to basic dignity and social standing of citizens. His claim that hate speech in the public social environment damages assurance of justice has wider implications, I argue: for hate (...) speech conducted in private; for pornography; and indeed for any speech that thwarts knowledge of what justice requires. (shrink)

On the basis of a re-examination of the status of laws, evidence, confirmation, prediction and explanation in sciences, social as well as physical, in which the reasoning processes are not fully formalized-this informative, pioneering monograph sketches a new epistemological orientation. It emphasizes the development of specifically predictive instrumentalities, regarding which new possibilities are explored and further areas of research suggested.--L. K. B.