The Making of Modern Law: Foreign, Comparative and International Law, 1600-1926, brings together foreign, comparative, and international titles in a single resource. Its International Law component features works of some of the great legal theorists, including Gentili, Grotius, Selden, Zouche, Pufendorf, Bijnkershoek, Wolff, Vattel, Martens, Mackintosh, Wheaton, among others. The materials in this archive are drawn from three world-class American law libraries: the Yale Law Library, the George Washington University Law Library, and the Columbia Law Library.Now for the first (...) time, these high-quality digital scans of original works are available via print-on-demand, making them readily accessible to libraries, students, independent scholars, and readers of all ages.+++++++++++++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: +++++++++++++++Yale Law LibraryLP3Y101000019210101The Making of Modern Law: Foreign, Comparative, and International Law, 1600-1926Basel: Helbing & Lichtenhahn, 1921xv, 463 p.; 22 cmSwitzeland. (shrink)

Starting from a reconstruction of the origins of the concept of “modernity” in the late Nineteenth century and of the different interpretations of it in the context of the German social sciences, the essay articulates its radical ambivalences. After establishing that modernity cannot be measured on a scale of progress, neither can it be identified with a specific value, Christof Dipper suggests that there are many conceptions of modernity as there are societies, and that these are not necessarily following a (...) common path. The concept of modernity, that includes anti-modernity as well, embraces therefore actors, representations, and constellations, offering an overall reading of history. (shrink)

This paper provides new tools for philosophical argument analysis and fresh empirical foundations for ‘critical’ ordinary language philosophy. Language comprehension routinely involves stereotypical inferences with contextual defeaters. J.L. Austin’s Sense and Sensibilia first mooted the idea that contextually inappropriate stereotypical inferences from verbal case-descriptions drive some philosophical paradoxes; these engender philosophical problems that can be resolved by exposing the underlying fallacies. We build on psycholinguistic research on salience effects to explain when and why even perfectly competent speakers cannot help making (...) stereotypical inferences which are contextually inappropriate. We analyse a classical paradox about perception, suggest it relies on contextually inappropriate stereotypical inferences from appearance-verbs, and show that the conditions we identified as leading to contextually inappropriate stereotypical inferences are met in formulations of the paradox. Three experiments use a forced-choice plausibility-ranking task to document the predicted inappropriate inferences, in English, German, and Japanese. The cross-linguistic study allows us to assess the wider relevance of the proposed analysis. Our findings open up new perspectives for ‘evidential’ experimental philosophy. (shrink)

Many philosophical thought experiments and arguments involve unusual cases. We present empirical reasons to doubt the reliability of intuitive judgments and conclusions about such cases. Inferences and intuitions prompted by verbal case descriptions are influenced by routine comprehension processes which invoke stereotypes. We build on psycholinguistic findings to determine conditions under which the stereotype associated with the most salient sense of a word predictably supports inappropriate inferences from descriptions of unusual (stereotype-divergent) cases. We conduct an experiment that combines plausibility ratings (...) with pupillometry to document this “salience bias.” We find that under certain conditions, competent speakers automatically make stereotypical inferences they know to be inappropriate. (shrink)

Several important philosophical problems (including the problems of perception, free will, and scepticism) arise from antinomies that are developed through philosophical paradoxes. The critical strand of ordinary language philosophy (OLP), as practiced by J.L. Austin, provides an approach to such ‘antinomic problems’ that proceeds from an examination of ‘ordinary language’ (how people ordinarily talk about the phenomenon of interest) and ‘common sense’ (what they commonly think about it), and deploys findings to show that the problems at issue are artefacts of (...) fallacious reasoning. The approach is capable, and in need of, empirical development. Proceeding from a case-study on Austin’s paradigmatic treatment of the problem of perception, this paper identifies the key empirical assumptions informing the approach, assesses them in the light of empirical findings about default inferences, contextualisation failures, and belief fragmentation, and explores how these findings can be deployed to address the problem of perception. This facilitates a novel resolution of the problem of perception. Proceeding from this paradigm, the paper proposes ‘experimental critical OLP’ as a new research program in experimental philosophy that avoids apparent non-sequiturs of OLP, extends and transforms experimental philosophy’s ‘sources program’, and provides a promising new strategy for deploying empirical findings about how people ordinarily talk and think about phenomena, to address longstanding philosophical problems. (shrink)

Until recently, experimental philosophy has been associated with the questionnaire-based study of intuitions; however, experimental philosophers now adapt a wide range of empirical methods for new philosophical purposes. New methods include paradigms for behavioural experiments from across the social sciences as well as computational methods from the digital humanities that can process large bodies of text and evidence. This book offers an accessible overview of these exciting innovations. The volume brings together established and emerging research leaders from several areas of (...) experimental philosophy to explore how new empirical methods can contribute to philosophical debates. Each chapter presents one or several methods new to experimental philosophy, demonstrating their application in a key area of philosophy and discussing their strengths and limitations. Methods covered include eye tracking, virtual reality technology, neuroimaging, statistical learning, and experimental economics as well as corpus linguistics, visualisation techniques and data and text mining. The volume explores their use in moral philosophy and moral psychology, epistemology, philosophy of science, metaphysics, philosophy of language, philosophy of mind and the history of ideas. Methodological Advances in Experimental Philosophy is essential reading for undergraduates, graduate students and researchers working in experimental philosophy. (shrink)

Traditional approaches to conflict are oriented towards establishing consensus, either in the form of a resolution of the conflict or in the form of an ‘agree-to-disagree’ standstill between the stakeholders. In this paper, we criticize these traditional approaches, each for specific reasons, and we propose and develop the agonistic approach to conflict. Based on Chantal Mouffe’s agonistic democratic theory, the agonistic approach to conflict is more welcoming of dissensus, replacing discussion stoppers with discussion starters and replacing standstills with contestation. We (...) illustrate such replacements and develop this approach, we analyse technological conflicts in a concrete R&D setting: the global hydrogen economy. From this context, we focus on the conflict between the proponents of blue hydrogen and those of green hydrogen. We conclude by highlighting the advantage of the agonistic approach but also drawing attention to its own specific risk, namely, antagonism. (shrink)

Psycholinguistic methods hold great promise for experimental philosophy. Many philosophical thought experiments and arguments proceed from verbal descriptions of possible cases. Many relevant intuitions and conclusions are driven by spontaneous inferences about what else must also be true in the cases described. Such inferences are continually made in language comprehension and production. This chapter explains how methods from psycholinguistics can be employed to study such routine automatic inferences, with a view to assessing intuitions and reconstructing arguments. We demonstrate how plausibility (...) ratings, pupillometry, and reading time measurements can be used to examine hypotheses about automatic inferences in speech and text comprehension. Two experiments on inferences from polysemous (perception-)verbs provide evidence of a potentially consequential ‘salience bias’. Findings help assess intuitions about unusual cases and analyse a philosophical paradox (‘argument from hallucination’). The paper thus illustrates how we can adapt psycholinguistic methods for philosophical purposes and demonstrates the methods’ philosophical usefulness. (shrink)

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A convincing argument can change a discussant’s commitment regarding the acceptability of a claim, but the same effect can be achieved by examining evidence. Observing objects or events that count as evidence for or against the acceptability of a statement can change one’s commitment regarding that statement. If we speak of fallacies in the realm of convincing through argumentation, can we speak of fallacies in the realm of convincing through evidence? In this paper, we defend an affirmative answer. We introduce (...) and discuss the conceptual implications of evidentiary fallacies as fallacies committed when evidence is fabricated or suppressed during an attempt to resolve disagreement using proof. We then apply the notion of evidentiary fallacy to two real-life examples of mis-executed evidentiary procedures. We conclude that the notion of evidentiary fallacy can contribute to a more comprehensive fallacy theory and can foster new and broadly applicable critical skills. (shrink)

An important strand of current experimental philosophy promotes a new kind of methodological naturalism. This chapter argues that this new ‘metaphilosophical naturalism’ is fundamentally consistent with key tenets of Wittgenstein’s metaphilosophy, and can provide empirical foundations for therapeutic conceptions of philosophy. Metaphilosophical naturalism invites us to contribute to the resolution of philosophical problems about X by turning to scientific findings about the way we think about X – in general or when doing philosophy. This new naturalism encourages us to use (...) resources from psychology that can empirically vindicate precisely some of the most controversial aspects of Wittgenstein’s conception of philosophy: They can establish the need, and provide key tools, for something worth calling ‘therapy’, in philosophy. As ‘pudding proof’ this chapter shows how methods and findings from psycholinguistics motivate and facilitate a therapeutic approach to a characteristically philosophical problem: ‘the problem of perception’. (shrink)

The paper deals with one of the central topics of the philosophy of history – the narrative. Two different views of narrative and consequently of narrative explanation are distinguished. According to the first position , reality itself does not have a narrative structure, but since we are familiar with the narrative form, we can explain events if we present them as a story of a particular kind. According to the second position , in order to explain, we need to capture (...) real connections between events. That is, our narratives should depict structures already present in reality. The paper outlines these two general views and points out to the fact that they are based on different ontological presuppositions and different views of the nature of the explanatory power of narrative. (shrink)

In this paper I develop and defend a form of argumentative normativity that is not based on fundamental principles. I first argue that research agendas that aim to discover fundamental principles of ‘good’ argumentative discourse share one crucial weak spot, viz. circularity. I then argue that this weak spot can be avoided in a pancritical view of normativity.

This paper presents a neglected philosophical approach, redevelops it on fresh empirical foundations, and seeks to bring out that it is of not merely historical interest. Building on ideas Ludwig Wittgenstein mooted in the early 1930s, Friedrich Waismann developed a distinctive metaphilosophy: Through case studies on particular philosophical problems, he identified a characteristic structure and genesis displayed by several philosophical problems and presented a distinctive dialogical method for dissolving problems of this kind. This method turns on exposing the need to (...) endow philosophical questions or claims with more determinate meaning and meeting this need by proposing linguistic rules and explanations which the problems’ proponents are free to accept or reject. The approach is embedded in the view that unconscious thought decisively shapes the formulation of philosophical problems. This paper first presents the approach on the basis of Waismann’s texts and then redevelops it through a case study on the ‘problem of perception’ and within a post-Freudian conception of unconscious thought: We will draw on psycholinguistic findings about automatic inferences in language comprehension and production, to examine how unconscious cognition shapes the problem formulation. Findings provide fresh, empirical foundations for the approach which has advantages over more familiar critical projects in ordinary language philosophy, to which it is kindred in spirit. (shrink)

What does it mean to be irresponsible in developing or using a technology? There are two fundamentally different answers to this question and they each generate research strands that differ in scope, style and applicability. To capture this difference, I make use of two mythical creatures of Jewish origin that have been employed in the past to represent relationships between man and man-made entities: the Golem (Collins and Pinch, 2002, 2005 ) and the Leviathan (Hobbes, 1994 ). The Golem is (...) the traditional image of technology as a creature that can be helpful but needs to be controlled. Irresponsibility in this perspective is the failure to exercise control. The Leviathan is the image of technology as a difficult compromise between fundamental values. Irresponsibility is in this perspective is allowing some values to systematically dominate others. Having worked out the basics of these images, I show that each comes with its specific methodological challenges: where the Golem gives rise to the Collingridge Dilemma of control, the Leviathan gives rise to Münchhausen’s trilemma of justification. Since the Golem image is predominant in scholarship on irresponsibility, I conclude with an appeal for a more equal distribution of efforts in conceptualizing technologies as Golems and as Leviathans. (shrink)

Analogical reasoning is often employed in problem-solving and metaphor interpretation. This paper submits that, as a default, analogical reasoning addressing these different tasks employs different mapping strategies: In problem-solving, it employs analogy-maximising strategies (like structure mapping, Gentner & Markman 1997); in metaphor interpretation, analogy-minimising strategies (like ATT-Meta, Barnden 2015). The two strategies interact in analogical reasoning with conceptual metaphors. This interaction leads to predictable fallacies. The paper supports these hypotheses through case-studies on ‘mind’-metaphors from ordinary discourse, and abstract problem-solving in (...) the philosophy of mind, respectively: It shows that (1) default metaphorical interpretations for vision- and space-cognition metaphors can be derived with a variant of the analogy-minimising ATT-Meta approach, (2) philosophically influential introspective conceptions of the mind can be derived with conceptual metaphors only through an analogy-maximising strategy, and (3) the interaction of these strategies leads to hitherto unrecognised fallacies in analogical reasoning with metaphors. This yields a debunking explanation of introspective conceptions. (shrink)

ABSTRACT Fallacies are traditionally defined as potentially deceptive failures of rationality or reasonableness. Fallacy theories seek to model this failure by formulating standards of rationality or reasonableness that arguers must observe when engaging in argumentative interaction. Yet it remains relatively easy to reject or avoid fallacy judgments even in the most clear-cut cases. In this article, I argue for a pluralist approach to criticism in which the fallacy accusation is only the starting point for a more complex form of criticism. (...) In a pluralist approach, the identification of fallacies works as a first step precisely because it can be so easily set aside. In doing so, the evaluator seeks other evaluative angles that depart from the original one. As a case in point, I exemplify the approach on a piece of argumentative discourse in the scientific context. I conclude by spelling out some of the methodological consequences of the present approach. (shrink)

Stereotypes shape inferences in philosophical thought, political discourse, and everyday life. These inferences are routinely made when thinkers engage in language comprehension or production: We make them whenever we hear, read, or formulate stories, reports, philosophical case-descriptions, or premises of arguments – on virtually any topic. These inferences are largely automatic: largely unconscious, non-intentional, and effortless. Accordingly, they shape our thought in ways we can properly understand only by complementing traditional forms of philosophical analysis with experimental methods from psycholinguistics. This (...) paper seeks, first, to bring out the wider philosophical relevance of stereotypical inference, well beyond familiar topics like gender and race. Second, we wish to provide philosophers with a toolkit to experimentally study these ubiquitous inferences and what intuitions they may generate. This paper explains what stereotypes are, and why they matter to current and traditional concerns in philosophy – experimental, analytic, and applied. It then assembles a psycholinguistic toolkit and demonstrates through two studies how potentially questionnaire-based measures can be combined with process measures to garner evidence for specific stereotypical inferences and study when they ‘go through’ and influence our thinking. (shrink)

Intuitive judgments elicited by verbal case-descriptions play key roles in philosophical problem-setting and argument. Experimental philosophy's ‘sources project’ seeks to develop psychological explanations of philosophically relevant intuitions which help us assess our warrant for accepting them. This article develops a psycholinguistic explanation of intuitions prompted by philosophical case-descriptions. For proof of concept, we target intuitions underlying a classic paradox about perception, trace them to stereotype-driven inferences automatically executed in verb comprehension, and employ a forced-choice plausibility-ranking task to elicit the relevant (...) stereotypical associations of perception- and appearance-verbs. We obtain a debunking explanation that resolves the philosophical paradox. (shrink)

Responsible innovation is centered around the ideal that societal stakeholders are entitled to participate in scientific and technological decision-making by voicing their needs and worries. Individuals who believe in science conspiracies (referred to here as ‘science conspiracists’) pose a challenge to implementing this ideal because it is not clear under what conditions their inclusion in responsible innovation exercises is possible and advisable. Yet precisely because of this uncertain status, science conspiracists constitute an instructive case in point to travel towards the (...) edges of inclusion and understand how we draw the line between ‘includables' and ‘unincludables’. In this paper, we seek to explore this relationship between responsible innovation and science conspiracism by using the method of thought experimentaiton. We test four possible exclusion criteria for science conspiracists. We conclude by revisiting the relationship between conspiracism and responsible innovation and sketching a novel perspective on the ideal of stakeholder inclusion. (shrink)

"Ronald Bruzina’s superb translation... makes available in English a text of singular historical and systematic importance for phenomenology." —Husserl Studies "... a pivotal document in the development of phenomenology... essential reading for students of phenomenology twentieth-century thought." —Word Trade "... an invaluable addition to the corpus of Husserl scholarship. More than simply a scholarly treatise, however, it is the result of Fink’s collaboration with Husserl during the last ten years of Husserl’s life.... This truly essential work in phenomenology should find (...) a prominent place alongside Husserl’s own works. For readers interested in phenomenology—and in Husserl in particular—it cannot be recommended highly enough." —Choice "... a thorough critique of Husserl’s transcendental phenomenology... raises many new questions.... a classic." —J. N. Mohanty A foundational text in Husserlian phenomenology, written in 1932 and now available in English for the first time. (shrink)

It is proverbial that the European tradition of philosophy consists of a set of footnotes to Plato. However, one of his most informative works, the Atlantis story, had been totally neglected by the scientific community because for 2350 years it had simply not been understood. Plato wanted that only eligible persons shouldperceive his Atlantis story and therefore he codified it as an adventure tale. However, he placed a lot of ironical hints in his text. Anyhow, as irony isn’t everybody’s cup (...) of tea, nobody could follow him. Because of respect for Plato’s credibility; the Atlantologists tried to solve the Atlantis riddle as phenomenon, whereas just a simple analytic disquisition supported by lateral thinking had been requested. This is a challenge to prompt science to render account after 2350 years of the previous omission of the Atlantis theme and to start a serious discussion about the here presented analytic approach by lateral thinking to Plato’s Atlantis irony, which turns out to be his humorous metaphysical legacy. (shrink)

Mongameli Anthony Mabona (1929) is a singular South African scholar with an exceptional life path. The history of British imperialism and apartheid shaped the world into which he was born. To a large extent, these powers had his destiny carved out for him. Nevertheless, a curious set of coincidences enabled him to obtain a tertiary education as a priest, to pursue his doctoral studies in Italy and to befriend Alioune Diop. He is one of the first published philosophers of Anglophone (...) Africa and holds doctorates in theology and anthropology. His opposition to institutionalised racism - including co-authoring the 1970 'Black Priests' Manifesto' - eventually led to his exile. This book documents his life and offers a synoptic reading of his scholarly and poetic work"-- Back cover. (shrink)