The paper tries to provide an alternative to Hempel’s approach to scientific laws and scientific explanation as given in his D-N model. It starts with a brief exposition of the main characteristics of Hempel’s approach to deductive explanations based on universal scientific laws and analyzes the problems and paradoxes inherent in this approach. By way of solution, it analyzes the scientific laws and explanations in classical mechanics and then reconstructs the corresponding models of explanation, as well as the types of (...) scientific laws appearing in it. Finally, it compares this reconstruction with the approaches of J. Woodward and C. Hitchcock, C. Liu and with the views of M. Thalos on analytic mechanics. (shrink)

The philosophy of science has lost its self-confidence. Structures in Science (2001) is an advanced textbook that explicates, updates and integrates the best insights of logical empiricism and its main critics. This "neo-classical approach" aims at providing heuristic patterns for research.The book introduces four ideal types of research programs (descriptive, explanatory, design and explicative) and reanimates the distinction between observational laws and proper theories without assuming a theory-free language. It explicates various patterns of explanation by subsumption and specification as well (...) as structures in reductive and other types of interlevel research. Its threefold analysis of theory evaluation leads to new characterizations of confirmation, empirical progress, and truth approximation. What emerges are partial analogies between progress in nomological research, presented in detail in From Instrumentalism to Constructive Realism (2000) and progress in explicative and design research. Finally, special chapters are devoted to design research programs, computational philosophy of science, the structuralist approach to theories, and research ethics.The present synopsis of Structures in Science highlights the main topics, the final emphasis being on design research and research ethics. (shrink)

In this work I will put forward the idea that Max Weber's conception of the "ideal type" may have a role in the process aimed at formulating a reliable concept of scientific law and scientific theory. The connection between Weber, theorist of socio–historical science, and postpositivist philosophy of science has been made possible by Carl Hempel, who grasped the importance of Weber's work and, at the same time, interpreted the movement towards modernization of neo-empiricism by supporting the passage to (...) a semantic conception of scientific theories. I will therefore analyze the role of idealizing procedure in the formation of theoretical entities and in the process of organization and coordination of laws that govern complex causal systems. (shrink)

The standard property trilogy of private, commons, and state has become so outdated that it now impedes imagination and innovation at the frontiers of ownership. This essay suggests two approaches - creating new ideal types and synthesizing existing ones - that may help update our static property metaphors. Using these dynamic approaches to property analytics, legal theory can move beyond polarizing oppositions that have made jurisprudential debates unsolvable and rendered concrete problems invisible.

The purpose of this research is to gain a better understanding of the role of abstraction and idealization in Galileo’s scientific inquiries about the law of inertia, which occupies an important position in the history of science. We argue that although the terms “abstraction” and “idealization” are variously described in the recent literature, the concepts must be adopted to highlight important epistemological problems. In particular, we illustrate the importance of abstraction and idealization for the formation of the law of inertia (...) by establishing a distinction between two types of entities: quasi-ideal entities and idealized entities. These theoretical laws should therefore be justified, using deduction and induction, through quasi-idealized entities based on data from the everyday world. (shrink)

The philosophy of science has lost its self-confidence, witness the lack of advanced textbooks in contrast to the abundance of elementary textbooks. Structures in Science is an advanced textbook that explicates, updates, accommodates, and integrates the best insights of logical-empiricism and its main critics. This `neo-classical approach' aims at providing heuristic patterns for research. The book introduces four ideal types of research programs and reanimates the distinction between observational laws and proper theories. It explicates various patterns of explanation by subsumption (...) and specification as well as structures in reductive and other types of interlevel research. Its analysis of theory evaluation leads to new characterizations of confirmation, empirical progress, and pseudoscience. Partial analogies between progress in nomological research and progress in explicative and design research emerge. Finally, special chapters are devoted to design research programs, computational philosophy of science, the structuralist approach to theories, and research ethics. (shrink)

In the 21stcentury, there is a turn of thinking toward its reorientation first of all to the human as an author of thought and not to the nature, existing independently of us and of the process of scientific knowledge obtaining. It is possible to see the difference of these two types of thinking in the context of dialogue between W. Whewell’s philosophy and the scientific investigations after the scientific revolution in the beginning of the 20thcentury. In the philosophy of 21stcentury, (...) man is a social being and this is the basis of social philosophy. The artificial world around us is created by a human, it has its foundation in the laws of thinking but not the laws of nature. The foundations of both systems are quite different. In what way can we achieve mutual understanding between them? From both sides some aspects can be put forward, for instance, the concept of a mediator of a thought. This concept is studied actively by W. Whewell and by philosophers of our time, and this leads in both cases to some unexpected interpretation of the basic question of philosophy: the border between thing and thought is becoming less noticeable. We can come to the same result, going by different ways. Whewell finds common qualities for some group of things. Social philosophers are interested in what makes things different. Not one of these idealizations corresponds completely to the reality. Always something is not taken into consideration. A thinker chooses out of real world some of its characteristics that become a basis of a thought system, which explains everything but in its own way. The paper demonstrates the way of possible creation of a new type of thinking. (shrink)

Peter Morton provides in these pages a fundamental critique of the assumptions of positivist jurisprudence and also puts forth an attack on the foundationalism of contemporary legal philosophy. His prime concern is to distinguish between the different fields of law--penal, civil, and public--taking as his starting point a careful analysis of those institutions in a democracy wherein legal language and norms are in fact generated. Offering an original, coherent, and systematic exposition of law in today's society, Morton sheds new light (...) on legal practices and relations by way of a comparison with an ideal type of legal system. (shrink)

In this text, a variety of modal logics at the sentential, first-order, and second-order levels are developed with clarity, precision and philosophical insight. All of the S1-S5 modal logics of Lewis and Langford, among others, are constructed. A matrix, or many-valued semantics, for sentential modal logic is formalized, and an important result that no finite matrix can characterize any of the standard modal logics is proven. Exercises, some of which show independence results, help to develop logical skills. A separate sentential (...) modal logic of logical necessity in logical atomism is also constructed and shown to be complete and decidable. On the first-order level of the logic of logical necessity, the modal thesis of anti-essentialism is valid and every de re sentence is provably equivalent to a de dicto sentence. An elegant extension of the standard sentential modal logics into several first-order modal logics is developed. Both a first-order modal logic for possibilism containing actualism as a proper part as well as a separate modal logic for actualism alone are constructed for a variety of modal systems. Exercises on this level show the connections between modal laws and quantifier logic regarding generalization into, or out of, modal contexts and the conditions required for the necessity of identity and non-identity. Two types of second-order modal logics, one possibilist and the other actualist, are developed based on a distinction between existence-entailing concepts and concepts in general. The result is a deeper second-order analysis of possibilism and actualism as ontological frameworks. Exercises regarding second-order predicate quantifiers clarify the distinction between existence-entailing concepts and concepts in general. Modal Logic is ideally suited as a core text for graduate and undergraduate courses in modal logic, and as supplementary reading in courses on mathematical logic, formal ontology, and artificial intelligence. (shrink)

In this article we argue that a widespread adoption of nudging can alter legal and political institutions. Debates on nudges thus far have largely revolved around a set of philosophical theories that we call individualistic approaches. Our analysis concerns the ways in which adherents of nudging make use of the newest findings in the behavioral sciences for the purposes of policy-making. We emphasize the fact that most nudges proposed so far are not a part of the legal system and are (...) also non-normative. We propose two ideal types: “law-as-normative” and “law-as-instrumental”, that allow us to understand and evaluate the relation of nudges and the law. We stress the importance of law as a safeguard for the possible negative consequences of nudges and conclude with proposals that could complement nudging policies. (shrink)

Salutary reading for all philosophers, and not only for inductive logicians, philosophers of science and law, this important book presents an elaborate theory of inductive reasoning whose substantive features are as strikingly original as the approach is rare. First, the theory is based on concrete, real, actual, and significant instances of inductive reasoning, e.g., Karl von Frisch’s work on bees; that is, though its aim is genuinely theoretical in the sense that it engages in the proper amounts of idealization, abstraction, (...) systematization, precision, and rigor, it never loses sight of the fact that "theories in the philosophy of science, like theories in science itself, have to face up to the challenge of appropriately accredited experience within their appointed domains". Second, a central subject matter being analyzed is legal reasoning, that is, the types of proofs and arguments used by juries, judges, and lawyers in the Anglo-American system of jurisprudence, where criminal charges have to be proved beyond reasonable doubt and civil cases have to be argued on the balance of probability. Thus, in effect, Cohen’s synthesis of juridical and of scientific reasoning is an admirable example of the bridging of two "cultures." Third, and most importantly, the concept of "inductive probability," in terms of which Cohen makes sense out of his subject matter, is incommensurable with that of "mathematical probability," namely the classical calculus of chance according to which probability is measurable, additive, transitive, and obeys a multiplicational principle for conjunction and a complementational one for negation. This is not to say that "inductive probability" is a hazy, mysterious, or unstructured concept, and Cohen goes to great lengths to show that it is ordinal, modal, and formally analyzable; what it does mean is that essential types of reasoning in science and in law involve probable inferences whose probabilities are nonquantitative. Hence, though Cohen does not stress the qualitative nature of inductive probability, his book will be welcome by those who conceive of philosophy as scientia qualitatum. Specific conclusions reached by Cohen are that, in general, probability may be conceived as degree of provability, that differences in proof-rules generate different special cases of probability, that inductive probability may be viewed as the special case where the proof-rules are incomplete, that inductive probability is to inductive support as deducibility is to logical truth, and that some recent epistemological scepticism may be refuted by Cohen’s inductive logic. Finally, he sees himself in the British inductivist tradition, interpreting his predecessors as groping toward a logic of inductive support and probability rather than a methodology of discovery: from Bacon he develops the notion of eliminative induction but rejects that of induction by enumeration; Mill’s canons are analyzed as special cases of Cohen’s own "method of relevant variables," except for the method of residues, which is rejected as invalid ; he takes his critique of mathematical probability as a vindication of Hume’s thesis that "probability or reasoning from conjecture may be divided into two kinds, viz., that which is founded on chance and that which arises from causes" ; Whewell’s consilience of induction is justified ; and from Keynes, he develops the notion of the "weight" of evidence but rejects his mathematicist approach.—M. A. F. (shrink)

Can an AGI create a more intelligent AGI? Under idealized assumptions, for a certain theoretical type of intelligence, our answer is: “Not without outside help”. This is a paper on the mathematical structure of AGI populations when parent AGIs create child AGIs. We argue that such populations satisfy a certain biological law. Motivated by observations of sexual reproduction in seemingly-asexual species, the Knight-Darwin Law states that it is impossible for one organism to asexually produce another, which asexually produces (...) another, and so on forever: that any sequence of organisms (each one a child of the previous) must contain occasional multi-parent organisms, or must terminate. By proving that a certain measure (arguably an intelligence measure) decreases when an idealized parent AGI single-handedly creates a child AGI, we argue that a similar Law holds for AGIs. (shrink)

The paper addresses the question of adaptation of existing regulatory frameworks in the face of innovation in biotechnologies, and specifically the roles played in this by various expert knowledge practices. We identify two overlapping ideal types of adaptation: first, the stretching and maintenance of a pre-existing legal framework, and second, a breaking of existing classifications and establishment of a novel regime. We approach this issue by focusing on varieties of regulatory knowledge which, contributing to and parting of political legitimacy, in (...) principle enable the making of legally binding decisions about risks and benefits of technologies. We base the discussion around two case studies, one of animal biotechnology ethical regulation, the other of ‘advanced therapy’ medicinal product regulation, both in the context of European Union frameworks. Specifically, we explore the knowledge configurations constituting expert committees and other institutional formations of expert regulatory knowledge in their political context. We show that where sectoral and moral boundaries are challenged, different modes of regulatory knowledge beyond scientific forms – legal, procedural, moral, economic and industrial – can shape regulatory innovations either by maintenance of regimes through commensuration and stretching, or through differentiation and separation creating new frameworks. We conclude that establishing an essential techno-scientific difference between pre-existing and novel technologies does not in itself require new regulatory structures, and that the regulatory strategy that is followed will be determined by a combination of different forms of knowledge. (shrink)

The main purpose Robert Alexy tries to achieve with The argument from Injustice and all the other works he wrote on the same topic is to prove, against legal positivism, that law is a bidimensional concept comprising both a real or institutional dimension and an ideal one. As we know, positivism believes that law is valid for formal or factual reasons that just contingently, this is the inclusive variant, may incorporate moral elements; otherwise Professor Alexy believes that law, the concept (...) of law, is to be defined such that, alongside these fact oriented-properties, moral elements must be included. This paper is intended to analyse the core of Professor Alexy’s connection argument between factual and ideal dimensions of the law, in order to support this central conclusion: his theory is only perfectly acceptable as a theory “of and about” democratic and constitutional legal systems, and not if intended as a theory “of and about” the concept of law. (shrink)

A Border Disputeintegrates the latest work in logic and semantics into a theory of language learning and presents six worked examples of how that theory revolutionizes cognitive psychology. Macnamara's thesis is set against the background of a fresh analysis of the psychologism debate of the 19th-century, which led to the current standoff between logic and psychology. The book presents psychologism through the writings of John Stuart Mill and Immanuel Kant, and its rejection by Gottlob Frege and Edmund Husserl. It then (...) works out the general thesis that logic ideally presents a competence theory for part of human reasoning and explains how logical intuition is grounded in properties of the mind. The next six chapters present examples that illustrate the relevance of logic to psychology. These problems are all in the semantics of child language (the learning of proper names, personal pronouns, sortals or common nouns, quantifiers, and the truth-functional connectives) and reflect Macnamara's rich background in developmental psychology, particularly child language - a field, he points out, that embraces all of cognition. Technical problems raised by but not included in the examples in the main part of the text are dealt with in a separate chapter. The book concludes by describing laws in cognitive psychology, or the type of science made possible by Macnamara's new theory. John Macnamara is Professor of Psychology and Director of the Program in the History and Philosophy of Science, McGill University. A Bradford Book. (shrink)

Pollitt and Bouckaert and their neo-Weberian state (NWS) have been chosen as the subject for this essay because the book has become a standard work in the public management movement. It is frequently cited and has been re-published in multiple editions (most recently in 2017). The authors also refer explicitly to Max Weber.This contribution seeks to draw attention to three important aspects, which inevitably overlap with one another:1. There is no Weber in the neo-Weberian State (introduction, 1; section II). Pollitt (...) and Bouckaert fail to grasp that Weber’s understanding of the state [the state as an “institution” (Anstalt); and the state as an “idea of validity” (Geltungsvorstellung)] is not identical to his ideal type of modern bureaucracy; it is the features of the latter on which they draw. The ideal type is a standard measure constructed in order to establish how close any concrete, given instance of bureaucracy comes to it (introduction, 3). Meanwhile, the “neutral official” insisted upon by Weber has “taken their leave” in Germany from important positions (section III, 3). Furthermore, Weber did not address those structures and processes internal to the administration which are precisely the object of interest for the new public management reformers. Weber’s lack of interest arises from the fact the members of anAnstalt, whether it is the state or the Church (WuG, § 15, no. 2), are subject to imposed orders (oktroyierte Ordnungen) and, as such, do not enjoy the “right to have a say”. Scharpf (1973a) was the first to pay particular attention to the problems brought about by specialisation and by the division of labour within the administration that are responsible for an incremental form of politics (section III, 3); even if he later ascribes advantages to the combination of “negative” and “positive coordination” (Scharpf 1991: 18ff.).2. The “legalistic culture” that characterises Germany will be considered in a more differentiated way, drawing on empirical studies which provide information, for example, on how laws (i.e. programmes)actuallyoriginate inside the ministerial apparatus (introduction, 2; section III, 2 and 3) or how use is made of the power of authority (Weisungsrecht) in practice (introduction, 2; section III, 2 and 3), even when, formally, it claims to have validity (section III). In this way, only empirical studies (Benz 1994; Bohne 1981; Dose 1997; Dose/Voigt 1995; Treiber 2007a) prove that the administration that implements laws has often, in practice, become a “negotiative administration” (introduction, 2). Such a phenomenon as a “co-operative administration”, which negotiates rather than rules, is a “foreign concept” in Weber’s discussion of the state and modern bureaucracy. Scharpf’s (1970) comparison between constitutional governance in Germany and legal relief in America is enlightening when it comes to the meaning of the constitutional state (Rechtsstaat) (introduction, 2; section III); the same applies to his discussion of the failed federalist reforms, which sought, among other things, to mitigate, if not entirely eliminate, the opportunities for blockades provided by political entanglement (Politikverflechtung) (section III). Neither was it possible to realise long overdue proposals to reform administrative law (Verwaltungsrecht) (section III, 1), which involved weakening or removing altogether three important assumptions in the dominant administrative doctrine (the “dogmatic normality”) and which also included the ambitious intention for the law to achieve tangible impact (Hoffmann-Riem 1994). Nonetheless, while no-one would dispute that reform of the federal government and administration remained “on the agenda” (Scharpf 1991, Mayntz/ Scharpf 1973), the priorities of such a reform were, and still are, different to those of new public management reform [the key terms here arePlanung(“planning”) and the term that replaced it,Steuerung(“management”)]1.3. Pollitt and Bouckaert ascribe to the neo-Weberian state extremely varied functions without providing any (theoretical) basis for them. In this way, the notion of public management reform that they present acquires the status of a “reformist philosophy” (introduction, 3; section IV). See Scharpf (1991) for a theoretically well-founded argumentation on the State’s ability to act in our days. Scharpf’s essay will be discussed briefly (section IV).ConclusionThere is no Weber in the neo-Weberian state. According to the discussion presented here, the neo-Weberian state can only mean: how would a modern state constituted by Weber look today? (shrink)

Over the past decade, there has been an extensive debate about whether researchers have an obligation to disclose genetic research findings, including primary and secondary findings. There appears to be an emerging (but disputed) view that researchers have some obligation to disclose some genetic findings to some research participants. The contours of this obligation, however, remain unclear. -/- As this paper will explore, much of this confusion is definitional or conceptual in nature. The extent of a researcher’s obligation to return (...) secondary and other research findings is often limited by reference to terms and concepts like “incidental,” “analytic validity,” “clinical validity,” “clinical relevance,” “clinical utility,” “clinical significance,” “actionability,” and “desirability.” These terms are used in different ways by different writers to describe obligations in different sorts of cases. -/- Underneath this definitional confusion is a general notion, supported by much of the literature, that findings only need to be disclosed when they surpass certain presumably objective or measureable thresholds, such as medical importance or scientific reproducibility. The problem is that there is significant variability in the way that these terms and concepts are used in the literature and, as such, in defining the scope of an obligation to return findings that surpasses the relevant thresholds. -/- The goal of this paper is to analyze the definitional muddle underlying the debate about returning genetic research findings, with the hope of answering a few questions. First, what is the range of definitions being used in this debate? Based on an extensive literature review, Part 1 will lay out a range of articulated definitions for each relevant term, with the goal of categorizing them into a handful of distinct types. Part 2 explains the definitional redundancy and confusion in the current literature, and, drawing from the terminological patterns identified in Part 1, outlines more cohesive building blocks to inform the development of future disclosure frameworks.Our minimum goal in articulating these conceptual building blocks is to promote clearer articulations of, and distinctions between, future disclosure frameworks. More ambitiously, we suggest which definitions and conceptualizations we consider most appropriate to use in future disclosure frameworks. Here, we seek to balance benefits to participants through the disclosure of important information with the minimization of undue burdens on individual researchers and the research enterprise more generally. -/- Our analysis builds upon the central philosophical distinction between concepts and conceptions. The basic idea is that the “concept” of X refers to the general (and relatively uncontroversial) structure/shape of X, while various “conceptions” of X are more particular, filled out, and controversial elaborations of the concept. In other words, “concepts” of X will be formal representations of X, while “conceptions” of X will be substantive interpretations of the key elements and relationships operating within that formal framework. (Implicit in this distinction is an important point about the nature of disagreement – namely, that in order for two or more parties to “disagree” about X as opposed to simply talk past one another, there must be at least enough shared agreement about X to know that the parties are referring to the same thing. A concept of X provides this point of common agreement, while competing conceptions of X mark the areas where disagreement arises.) In this paper, we will employ this distinction in a fundamental way to clarify exactly where the primary disagreements arise in the debate over disclosing genetic research findings. -/- We propose that, underlying all the seeming confusion and disagreement, there are three central and widely agreed upon concepts at work in this debate—validity, value, and volition. The first two concepts concern the nature of the information itself. An obligation to disclose only exists when findings are valid and have value but there are competing conceptions of how to determine or define validity and valuableness. The third concept—volition—pertains not to the information but rather to the person to whom it will be disclosed. Does that person want or not want the information, and what is the best way of determining this? Here, too, competing conceptions arise. Our key point, though, is that almost all of the ethical disagreement arises because of competing conceptions of these three concepts. Understanding and appreciating this key point can help to refocus the substantive debate by providing some common ground to start from in determining how best to interpret these shared concepts. This refocusing can, ideally, produce more productive debate and facilitate some progress in resolving it. (shrink)

Introduction to the Philosophy of Law: Readings and Cases employs a combination of case-based and theory-based materials to show novices in the field how the philosophy of law is related to concrete and actual legal practice. Ideal for undergraduates, it engages their curiosity about the law without sacrificing philosophical content. The authors emphasize a command of legal concepts and doctrine as a prelude to philosophical analysis. Designed to acquaint students with the fundamentals of jurisprudence and legal theory, Part I of (...) the book includes readings from influential philosophers representing eight different types of jurisprudence: natural law theory, positivism, constructivism, consequentialism, critical legal studies, feminist theory, practice theory, and new natural law theory. In Part II, the authors present a variety of cases that allow students to apply the theories in Part I to the actual practice of law. Unlike similar texts, which focus primarily on public law, this unique book addresses both private and public law, and includes cases on statutory interpretation, contract law, and tort law. Brief essays precede and discussion questions follow each case. Introduction to the Philosophy of Law: Readings and Cases serves as an exceptional text for courses in the philosophy of law, jurisprudence, and legal theory. (shrink)

Selon le concept de Nancy Fraser du triple mouvement de protection sociale, d’émancipation et de marchandisation, les forces d’émancipation peuvent former une alliance avec la protection sociale ou la marchandisation. Un véritable exemple d’émancipation est la transformation des services résidentiels de soins aux personnes handicapées en assistance personnelle. Toutefois, on ne sait pas encore très bien pourquoi certaines réformes se chevauchent davantage avec la marchandisation et d’autres avec la protection sociale, alors que d’autres pays n’ont pas entrepris de réformes généralisées (...) de leurs services de soins aux personnes handicapées. Cet article tente d’éclairer cette question en examinant l’approche morphogénétique pour expliquer l’évolution des services de soins aux personnes handicapées dans dix pays européens. Une fuzzy set ideal type analysis a été utilisée pour délimiter quatre types de services de soins aux personnes handicapées. L’analyse a classé la Grèce, la Slovénie et l’Espagne dans le type domestique-traditionnel, la Belgique, l’Allemagne et la Suisse dans le type bienveillant-paternaliste, la Suède dans le type universel-progressif, et la Lettonie, la République slovaque et le Royaume-Uni dans le type précaire-progressif. (shrink)

There exists a widespread consensus amongst contemporary jurisprudents, positivists and non-positivists alike, that the meaning of ‘obligation’ should not radically shift from law to morality, or any of the other domains of practical reason. Yet there is limited effort in contemporary discussions of legal obligation to engage with the metaphysics of normativity with an eye to a well-founded account of those elements that deliver its non-conditional character. On a recent occasion I discussed the shortcomings of a prominent positivist account of (...) legal obligation, that of Jules Coleman. In this chapter I turn to a prominent non-positivist account, the model of principle, and argue that, even though it identifies key elements or conditions of normativity simpliciter, it stops short of delivering a conclusive account of unconditional legal obligation, an account that would place legal obligation in the same continuum with all other types of obligation. Taking up from where the model of principle halts, I propose a complementary—if more fundamental—account of normativity simpliciter, which I dub the model of norms. I make a case for it, by looking into universal conditions of normativity and, in conclusion, offer some more specific remarks about the advantages of the model of norms over other competing models. Part 2 looks into the account of legal obligation tendered by the model of principle. According to it, law is an instance of action-directing action or action that purports to get other agents to comply with the ends it sets out to attain. The idea here is that the very logic of action-direction draws moral reasons—principles—into the picture of legal obligation, as the one item that can explain how and whether the facts of a social practice, which purports to direct action, come to acquire the status of reasons for action for the subjects of law. Subsequently, this model is contrasted with an alternative model of obligation that takes facts of authority to constitute reasons of action in virtue solely of their structure. In conclusion it is argued that, in contrast to the second model, the model of principle manages to capture what is distinctive about action-directing action in the domain of law—that is, the special normative significance of the possibility to coerce others under a scheme of public institutions. Part 3 opens by pointing to a more widespread worry that needs to be addressed before the model of principle can be deemed fit for the role it is employed—the worry relates to the ability of principles to constitute genuine reasons for action. In particular, the enquiry investigates the nature of principles and their ability to avoid certain flaws that might pertain to reasons for action in general. In taking up this line of enquiry the paper looks into the more general debate on normativity with a view to specifying requirements that anything which purports to be a reason ought to meet. I employ a rationalist analysis of normativity, which brings the idea that intentional thought is normative to bear on the analysis of the meaning of normative terms, such as ‘ought’, ‘obligation’, ‘duty’. In conclusion, I argue that the content of normativity consists in normative facts—ie norms—which purport to model the content of ideal—or counterfactual—states of the will. Such norms give exhaustively the content of normativity. In light of the above, part 4 advances a two-layered model of norms, with the higher level being populated by norms simpliciter, and the lower by norms in a domain. When considered jointly the two layers ground the possibility of non-conditional obligation without evoking moral realism and the concomitant suspicion of scepticism. On the face of it some key advantages of the model of norms are discussed over the two other models of legal obligation, that of principle and that of authority. On the one hand norms resist the ‘talking past each other objection’ which is commonly levelled against principles. On the other, norms are much better suited to account for the moral limits of action-directing action than either principles or facts of authority, for they illustrate cogently that the grounds of any reason for action already include a concern for others’ autonomy. (shrink)

In view of the vital role played by the testimony or witness in detecting and combating corruption crimes, the Saudi Arabia issued a new law for the protection of whistleblowers, witnesses, experts and victims, by Royal Decree No. (M/148) dated 8/8/1445 AH, and since there is a potential threat to those who dare to reporting or witnessing the commission of these crimes, the low dealt with the types and forms of protection provided to them, and this research tries to answer (...) a key question, which is: What types of protections does the Saudi low guarantee to witnesses in corruption cases? This is done by using the descriptive, analytical research methodology, by characterizing and extrapolating the types of protection, and analyzing the texts of the low to identify the types and forms of protection contained therein. The study reached several results, the most important of which are: the interest of the Saudi regulator in protecting witnesses in this type of cases to provide the necessary guarantees for the protection of human rights, as it enacted a set of security, judicial, functional and social guarantees to protect the witness, and organized a number of new measures, including concealing the witness's identity and personal data, not attending him during the trial, and sufficiency, for example, with recordings without the possibility of discussing him. (shrink)

How to inculcate virtue in the citizens of Magnesia by means of the dance component ofchoreiaconstitutes one of the principal concerns in theLaws(=Leg.), revealing Plato's evolving ideas about the expediency of music andpaideiafor the construction of his ideal city since theRepublic. Indeed, a steady stream of monographs and articles on theLawshas enriched our understanding of how Plato theorizes the body as a site of intervention and choral dance as instrumental in solidifying social relations and in conditioning the ethical and political (...) self. As one scholar has aptly put it: ‘a city and its sociopolitical character [are] effectively danced into existence.’ Drawing on this recent work, I focus on an enigmatic passage inLawsBook 7 that merits more attention than it has received, in which Plato curiously singles out Bacchic dances from those that are ‘without controversy’ (815b7–d4):τὴν τοίνυν ἀμφισβητουμένην ὄρχησιν δεῖ πρῶτον χωρὶς τῆς ἀναμφισβητήτου διατεμεῖν. τίς οὖν αὕτη, καὶ πῇ δεῖ χωρὶς τέμνειν ἑκατέραν; ὅση μὲν βακχεία τ᾽ ἐστὶν καὶ τῶν ταύταις ἑπομένων, ἃς Νύμφας τε καὶ Πᾶνας καὶ Σειληνοὺς καὶ Σατύρους ἐπονομάζοντες, ὥς φασιν, μιμοῦνται κατῳνωμένους, περὶ καθαρμούς τε καὶ τελετάς τινας ἀποτελούντων, σύμπαν τοῦτο τῆς ὀρχήσεως τὸ γένος οὔθ᾽ ὡς εἰρηνικὸν οὔθ᾽ ὡς πολεμικὸν οὔθ᾽ ὅτι ποτὲ βούλεται ῥᾴδιον ἀφορίσασθαι: διορίσασθαι μήν μοι ταύτῃ δοκεῖ σχεδὸν ὀρθότατον αὐτὸ εἶναι, χωρὶς μὲν πολεμικοῦ, χωρὶς δὲ εἰρηνικοῦ θέντας, εἰπεῖν ὡς οὐκ ἔστι πολιτικὸν τοῦτο τῆς ὀρχήσεως τὸ γένος, ἐνταῦθα δὲ κείμενον ἐάσαντας κεῖσθαι, νῦν ἐπὶ τὸ πολεμικὸν ἅμα καὶ εἰρηνικὸν ὡς ἀναμφισβητήτως ἡμέτερον ὂν ἐπανιέναι.So, first of all, we should separate questionable dancing far from dancing that is without controversy. Which is the controversial kind, and how are the two to be distinguished? All the dancing that is of a Bacchic kind and cultivated by those who indulge in intoxicated imitations of Nymphs, Pans, Sileni and Satyrs (as they name them), when performing certain rites of expiation and initiation—this entire class of dancing cannot easily be marked off either as pacific or as warlike, nor as of any one particular kind. The most correct way of defining it appears to me to be this—to place it away from both pacific and warlike dancing, and to pronounce that this type of dancing is οὐ πολιτικόν; having thus set aside and dismissed it, we will now return to the warlike and pacific types, which without controversy belong to us. (shrink)

In section I the notions of logical and inductive probability will be discussed as well as two explicanda, viz. degree of confirmation, the base for inductive probability, and degree of evidential support, Popper's favourite explicandum. In section II it will be argued that Popper's paradox of ideal evidence is no paradox at all; however, it will also be shown that Popper's way out has its own merits.

The status of continuity in Deleuze’s metaphysics is a subject of debate. Deleuze calls the virtual, in Difference and Repetition, an Ideal continuum, and the differential relations that constitute the Ideal imply the continuity of this field. But, Deleuze does not hesitate to formulate the same field by the affirmation of divergence (incompossibility) that can be regarded as a form of discontinuity. It is, hence, unclear how these two ostensibly contradictory accounts might reconcile. This article attempts to reconstitute a Deleuzian (...) theory of continuity through Leibniz, whose philosophy is equally subject to a tension between the law of continuity, prevalent in his mathematics and metaphysics, and the discontinuity or absolute individuality of monads. By reorienting The Fold around the motif of continuity a new conceptual space is opened for continuity qua heterogeneity-and-inseparability. Then, enfolding the conceptual personae of The Fold onto Difference and Repetition reveals the tacit though decisive presence of different types of continuity operational in Deleuze’s metaphysics that will be called divergent, intensive, torsional, and tenorsional continuities. (shrink)

Natural law ethics holds that practical rationality consists in engaging in non-defective ways with a range of fundamental goods. These basic goods are characteristically presented as reflecting the natural properties of humans, but the details of this picture vary widely. This article argues that natural law ethics can usefully be understood as a type of dispositional theory of value, which identifies the basic goods with those objectives that humans are characteristically disposed to pursue and value for their own sake. (...) Natural law theories of practical rationality can then be understood as attempts to capture the principles that would govern engagement with the basic goods under ideal conditions. The article begins by offering an account of normative inclinations as human dispositions both to act in certain ways and to believe that the actions are worthwhile or required. It then explores the implications of this account for natural law ethics, discussing the role of the basic goods in practical rationality, whether the goods may change over time and the connection between the goods and human nature. (shrink)

Although Max Weber does not specifically analyze the topic of esteem, his investigation of the Protestant ethic offers interesting insights into it. The change in mentality it engendered essentially contributed to enhancing the meaning and importance of esteem in modern society. In his analysis, Weber ascertains that esteem was fundamental to being accepted and integrated into the social life of congregations. Nevertheless, he also highlights that esteem was supported by a form of self-esteem which was not simply derived from a (...) good social reputation, but also achieved through a deep and continual self-analysis as well as a strict discipline in the ethical conduct of life. The present analysis reconstructs the different aspects of the relationship between social and self-esteem and analyzes the consequences of that relationship by focusing on the exemplary case of the politician’s personality and ethic. (shrink)

While the use of so-called idealizations in science has been widely recognized for many years, the philosophical problems that arise from this use have received relatively little attention. Even a cursory reading of the philosophical literature devoted to these problems reveals that the following questions remain unanswered: In general, what, if any, are the distinguishing characteristics of idealizations? More specifically, do idealizations have any distinguishing syntactic or semantic characteristics? In addition to these questions there exist the following pragmatic questions, questions (...) relating to the ways in which idealizations are used in science: How are idealizations used in explanations?. Do these explanations have any peculiar characteristics—characteristics not shared by deductive-nomological explanations? If we assume that idealizations are false or “do not obtain,” how is it that they can have any explanatory power?. Further, there are questions of more general philosophic concern. How do the problems of idealizations relate to those of simplicity, for an idealization seems to be, in some sense, a type of simplification? How do the problems of ideal laws and theories relate to the general problems of scientific laws and theories? (shrink)

This paper describes the automated classification of legal norms in German statutes with regard to their semantic type. We propose a semantic type taxonomy for norms in the German civil law domain consisting of nine different types focusing on functional aspects, such as Duties, Prohibitions, Permissions, etc. We performed four iterations in classifying legal norms with a rule-based approach using a manually labeled dataset, i.e., tenancy law, of the German Civil Code ). During this experiment the \ score (...) continuously improved from 0.52 to 0.78. In contrast, a machine learning based approach for the classification was implemented. A performance of \ was reached. Traditionally, machine learning classifiers lack of transparency with regard to their decisions. We extended our approach using so-called local linear approximations, which is a novel technique to analyze and inspect a trained classifier’s behavior. We can show that there are significant similarities of manually crafted knowledge, i.e., rules and pattern definitions, and the trained decision structures of machine learning approaches. (shrink)

This paper contains a novel and coherent reading of Weberian ideal type construction, based on recent philosophical approaches to conceptual engineering. This reading makes transparent the dialectics of Weber's approach, resulting in a more nuanced interpretation of his methodological work. It will become apparent that Weber, when introducing his notion of an ideal type, did not merely summarize his views on methodology in the social sciences, but, rather, presented a two-step argument in favor of these views. The reconstruction (...) will directly bear on issues in the methodology of the social sciences. Weber not only presented a methodology that is, at some level of abstraction, strikingly similar to Carnapian explication (the canonical point of reference in the contemporary debate on conceptual engineering). He also diagnosed, in a systematic fashion, types of problems we face when dealing with ordinary and scientific concepts that play a key role in the description of social reality, and he foreshadowed what is today sometimes described as “debunking” projects. From a philosophy of science perspective, I propose Weber's view (on the reconstruction proposed here) as a serious candidate for an adequate theory of concept replacement in the social sciences. (shrink)

The use of idealized scientific theories in explanations of empirical facts and regularities is problematic in two ways: they don’t satisfy the condition that the explanans is true, and they may fail to entail the explanandum. An attempt to deal with the latter problem was proposed by Hempel and Popper with their notion of approximate explanation. A more systematic perspective on idealized explanations was developed with the method of idealization and concretization by the Poznan school in the 1970s. (...) If idealizational laws are treated as counterfactual conditionals, they can be true or truthlike, and the concretizations of such laws may increase their degree of truthlikeness. By replacing Hempel’s truth requirement with the condition that an explanatory theory is truthlike one can distinguish several important types of approximate, corrective, and contrastive explanations by idealized theories. The conclusions have important consequences for the debates about scientific realism and anti-realism. (shrink)

The bases of tenets of the World came from the East; Pythagoras learnt all there up the 26 years. At a home, the east ideas where took in no; then he bound the mathematics with the elements of matter. This was the best way to a blood feud of the all Humanity. The 17th age gave the bases of mathematics and the Greek atomism; this had led to the paranoia in all sciences. The LCE was brought in 19th age with (...) bases no; really it was the box of Pandora in the form of wrong sciences of the Nature. The wise revenge of Pythagoras was in the form of riddle for the best thinkers in the World in all times; us solved one in the 50th years. A base of the World is of the material space (MS) with praatoms (PAs) Ao; they are of the affinity to matter. A density of the MS is of ~ 5.10‐6 kg/m3 close to the Ears. PA Ao is of quant of matter and antimatter; they are of rotate in the different sides. All matter takes up Ao and to grow. In the giant stars to go the bursts giving Ao, or caloric. The matter of being in the World on base of the key law of conservation of heat (caloric) and matter by loss of energy; it is main. Leibniz offered to the conservation of mv2 in the World. But Newton knew that any move is damped, and it need in filled up. This the author proved by tests over the 300 years just. D.Bernoulli given to the model of gas. I. Kant proved that mv2 is the quantity of heat by stop of the body; it is no the energy! A key leitmotiv of thought is blocked the grasp of facts if ones not leaded to an accepted concept. P. Mayer had the blunder in base of the LCE; a work of gas expansion in Torricelli tube is equal nil strong! This is the gross blunder of a sick paranoiac! The 21 age gave up a new philosophy and a way to endless engine. The super skills from ideal quartz with moving jaws to respond to the all new philosophy and sciences. (shrink)

The increasingly wide spread use of RCM, rational choice modeling, and RCT, rational choice theory, in disciplines like economics, law, ethics, psychology, sociology, political science, management facilitates interdisciplinary exchange. This is a great achievement. Yet it nurtures the hope that a unified account of rational active choice making might arise from ‘reason’ in terms of intuitively appealing axioms. Such ‘rationalist’ characterizations of rational choice neglect real human practices and empirical accounts of those practices. This is theoretically misleading and practically dangerous. (...) Searching for a wide reflective equilibrium, WRE, on RCT in evidence-oriented ways can explicate ‘rational’ without rationalism. (shrink)

These are the answers I gave to Brian Bix, Peter Koller, Ralf Posher, Torben Spaak, Timothy Endicott, and Jan Sieckmann at the end of a splendid conference day in 2018. The critique given to me concerned important aspects of three main themes in my work: the claim to correctness, human and constitutional rights, and the ideal dimension of law. In the last decades I have attempted to connect these themes systematically. The result is the idea of democratic constitutionalism as an (...) institutionalization of practical reason. (shrink)

Germany is considered to be a pioneer of social security systems; nonetheless, globalization and demographic changes have put enormous pressure on them. A solution is not yet in sight as the debate on the future of the German social security systems still lacks consensus. We argue that ideas matter and that the debate can benefit from a deeper reflection on the concept of social security. This objective is pursued along two lines. First, we take a historical perspective and reconstruct the (...) development of Germany's social security systems. Second, we scrutinize from a theoretical perspective how social security is conceptualized in public and theoretical debates. Behind the various positions, we identify four basic ideal types. We then analyze how these ideal types account for the benefits of social security systems and what role they assign to corporations in providing social security. While two ultimately reinforce potential conflicts between different groups in society, the other two ideal types reveal possible benefits for all. The last ideal type actually conceptualizes social security systems as insurance that fosters risky but overall productive investments in human and other forms of capital. Therefore, it can be shown that social security systems are not necessarily threatened by globalization and that incentives exist for corporations to invest in the provision of social security. (shrink)

In light of the ongoing validity crisis in psychiatric classification, phenomenologically oriented psychiatric study has gained traction. This paper assesses two modes of investigation proposed by phenomenologists in studying mental disorders: the ideal type approach and the essential type approach. Despite the recent suggestion that they are antithetical approaches, I argue that they should constantly constrain and inform each other. In short, I advance a mutual complementarity thesis. Having established this thesis, I conclude by demonstrating how this proposal (...) can function as an heuristic strategy for effectively facilitating the recently proposed psychiatric research initiative, i.e. the ontological project of phenomenological psychopathology. (shrink)

The volume starts with the paper of Lynn Maurice Ferguson Arnold, former Premier of South Australia and former Minister of Education of Australia, concerning the Exposition Internationale des Arts et Techniques dans la Vie Moderne (International Exposition of Art and Technology in Modern Life) that was held from 25 May to 25 November 1937 in Paris, France. The organization of the world exhibition had placed the Nazi German and the Soviet pavilions directly across from each other. Many papers are devoted (...) to the interpretation of this opposition. Arnold’s paper considers the differences in the two totalitarian states’ architectural and design discourse styles. Although each of them communicated a totalitarian language of purposes, permissions, and boundaries, they essentially differed in the styles of discourse represented by the architecture and design of their respective pavilions. They were opposites of each other and the liberal ideals they contested. The internationalist viewpoint reflecting the multi-ethnic mix of the USSR is contrasted to the ein Volk homogeneity represented in the German pavilion. The Soviet pavilion opted for a utopian future to be arrived at by “benign” leadership, whereas the German pavilion anchored itself in the myth of Teutonic history with the nostalgic pride protected by the swastika-bearing eagle. Jean-Yves Béziau is best known as a logician and founder of Universal Logic. However, in this paper, he poses a new philosophical question: why philosophical discourse does not use images? The paper begins with a general analysis of different types of philosophical discourses. Then, he focuses on why images have been and are still rejected in philosophical discourse. He explains various ways to use images in a fruitful way to develop philosophical thinking and discourse and illustrates his view by providing several examples. He concludes with a promising programmatic declaration about founding a new journal entitled World Journal of Pictorial Philosophy to stimulate the usage of images for developing philosophical thinking. Although complaints about the obscurity of many philosophers’ discourse are widespread, Tatiana Denisova, ex-professor of the Surgut University and a research associate of the University of the Aegean undertakes a positive attitude to this problem. She explains that the reasons for the obscurity of philosophical texts, the subsequent complexity in communicating philosophers’ meanings and their eventual incomplete understanding is not a sign of their inferiority. On the contrary, it is a sign of the fruitfulness of philosophical discourse, which can generate new meanings. Thus, the darkness of philosophical discourse is like the life-giving chaos, and the obscurity that it inevitably contains can be the keeper of implicit meanings and even their generator. Katarzyna Gan-Krzywoszyńska and Piotr Leśniewski, authors of a monograph on Polish philosopher Kazimierz Ajdukiewicz (1890 – 1963), make a comparative analysis of his educational style with that of Paulo Reglus Neves Freire (1921 – 1997). The authors highlight that these scholars have distinctly different backgrounds. The former was an educator, philosopher and a leading advocate of critical pedagogy connected with the dialogical Latin-American tradition. The latter was a philosopher and logician, a notable representative of the Lwów–Warsaw school of logic with significant contributions to semantics, model theory and the philosophy of science. Despite their apparent difference, the authors identify some striking similarities regarding their attitudes towards education; notably, their approaches are essentially dialogical. Gilah Yelin Hirsch is a multidisciplinary artist who works as a painter, writer, curator, educator, and filmmaker. In her experiential paper, he explains how and why she uses four channels of communication in her creative expression: writing, painting, filmmaking, and teaching, as dialogic inquiry. She considers that these channels compose a continuum of discourse styles, each reaching a different facet of kaleidoscopic consciousness. She claims that her choice of medium is prompted by a need to communicate her insights profoundly. Thus, for instance, she created painted allegories to express narratives based on dreams and visions emerging from her subconscious. Art and healing is another Tibetan-rooted type of discourse practised by the author. Creating and observing a healing image produces a positive psychophysiological change in both the artist and the viewer. The discourse here is tripartite between creator, image, and viewer. Filmmaking is another type of discourse she practices between the filmmaker/artist as shaman or healer and the viewer as respondent or participant. These films are meant to be experienced frame by frame, physically and emotionally in both the body and mind. Jocelyn Ireson-Paine is a cartoonist and programmer. His paper offers an original attempt to use category theory in cartooning. Category theory is a branch of mathematics that provides concepts and methods to describe general abstract structures in terms of a labelled directed graph called category, whose nodes are called objects, and whose labelled directed edges are called arrows (or morphisms or transformations or mappings). The author explores different ways to define “style” in art using category theory and a relational view of art. Moreover, he examines how “translation” (transformation) between styles could be defined and reveals the difficulties of how it could be implemented in a computer using special software. Jens Lemanski is a philosopher who has revived research in Arthur Schopenhauer’s legacy by exploring his work on mathematical evidence, logic diagrams, and problems of semantics. In this paper, he advances a new approach to eristic as an art of protecting oneself from the one who deliberately violates norms of discourse ethics to win an argument. The author attributes the origins of this view to Schopenhauer, suggesting a new reading of his work. According to the author, eristic is a prohibitive technique that takes effect when the norms of discourse ethics are transgressed and violated. Thus, eristic is viewed as a discipline of Enlightenment philosophy and a correlate of discourse ethics. Roshdi Rashed is an authority on the history of Arabic mathematical sciences. Proceeding from Gilles-Gaston Granger’s definition of mathematical style, he studies the question of whether a mathematical work can be characterized by a single style or by a multitude of styles. This question is explored within the style of a single work, namely Menelaus’s Sphaerica, and through the study of the development of a single problem over time, namely the isoperimetric problem. He indicates Menelaus’s divergence from the Euclidean style of (plane and stereometric) geometry caused by the drop of the Parallel Postulate, which associated it with hyperbolic geometry. Hence, the author concludes that Menelaus’s Sphaerica incorporates the well-known Euclidean style with a variation of the non-Euclidean one. On the other hand, examining the isoperimetric problem reveals another interesting historical picture. A succession of different styles (cosmological, geometric, infinitesimalistic, style of the calculus of variations, of synthetic geometry) can be observed due to the transformation of the research object over time. Boris Shalyutin, a Russian social philosopher, and Ombudsman for Human Rights in the Kurgan Region, explores the origins of discourse in combination with the birth of society and law. He claims that legal discourse marks the historical emergence of discourse in general. Homo Juridicus generated Homo Sapiens, which have created new spheres of discourse, notably moral discourse and further philosophical, political, and scientific discourse. Petros Stefaneas, a logician, computer scientist and novelist, suggests an alternative to the traditional narratology approach for studying (interactive) social media discourse. He claims that style describes how the parts of a narrative are blended into a whole. The author relies upon Goguen’s and Harrel’s concept of style as a choice of blending principles and transfers to the study of the social media narratives elements from the methodology of studying Web-based collaborative search for mathematical proofs like those implemented within the Polymath project. The last paper belongs to Ghil‘ad Zuckermann, a linguist, language revivalist, and proponent of a model of the emergence of Israeli Hebrew, according to which Hebrew and Yiddish were the primary sources of Modern Hebrew. This paper explores the fascinating and multifaceted Yiddish language and its survival in Israeli. Yiddish is characterized by a unique style that embeds psycho-ostensive expressions throughout its discourse. The author highlights the cross-fertilization between Hebrew and Yiddish as it manifests itself in any aspect of the Israeli language. He claims that Yiddish survives beneath Israeli phonetics, phonology, discourse, syntax, semantics, lexis, and even morphology, although traditional and institutional linguists have been most reluctant to admit it. (shrink)

This paper shows that, in Newtonian mechanics, unstable three-dimensional rigid bodies must exist. Laraudogoitia recently provided examples of one- and two-dimensional homogeneous unstable rigid bodies, conjecturing the instability would persist for three-dimensional bodies in four-dimensional space. My result proves that, if one admits non homogeneous balls or hollow spheres, then the conjecture is true without having to resort to tetra-dimensionality. Furthermore, I show that instability also holds for at least certain simple classes of elastic bodies. Altogether, the laws of classical (...) dynamics actually lead to the existence of unstable material bodies belonging to the three types of entities accepted therein: point particles, rigid bodies and continuous deformable bodies. A whole range of forms of indeterminism which, until now, has not been considered in the literature. I end with a new conjecture on the connection existing between all these forms of instability and the dimensionality of space. (shrink)

The goal of this paper is to reconstruct Nagel’s approach to idealization in the sciences and present his views as a viable option. In a nutshell, the theory that emerges can be described as follows: There are various types of idealization, which can be found in theoretical and experimental laws, and which, according to Nagel, play various important epistemic roles. In particular, they help organize complex knowledge and allow for approximations to truth. A cognate of idealization, which Nagel does not (...) refer to under this label but describes in terms of assimilation to the familiar and in terms of analogy, is key to scientific models, whose value is primarily heuristic in nature. The fact that theories involve idealization supports an instrumentalist perspective on science, a perspective which also determines a particular scope of the account of idealization. By these lights, particular types of questions simply do not arise, for instance: questions pertaining to the alleged peculiarity of scientific representation, the truth of law statements, etc. (shrink)

My paper sets out to demonstrate that Weber's ideal-typical theory of concept formation, subject to certain modifications, is compatible with the principles of philosophical hermeneutics and is therefore a valuable strategy of concept formation for interpretive historical inquiry. The essay begins with a brief recapitulation of the philosophical-hermeneutic approach to the human sciences. I then chart out the affinities as well as the discrepancies between philosophical hermeneutics and Weber's theory of the ideal type. Against this backdrop, I proceed to (...) offer a number of correctives and additions to Weber's theory so as to tighten its fit with philosophical hermeneutics. First, I argue that the ideal type's proper logic of concept formation is a logic of significance rather than a logic of commonality. Second, I claim that the relationship between the various empirical cases to which a given ideal type is (or can be) applied is a Wittgensteinian relationship of family resemblance. Finally, I present two main kinds of epistemological functions that ideal types can fulfill within the framework of historical inquiry: argumentative and orientational-clarificatory. (shrink)

Although Dilthey is increasingly recognized as a seminal philosopher whose thought finds significant expression in the works of Heidegger, Husserl, Jaspers, Mannheim, Weber, Spranger, Simmel, Troeltsch, and Buber, his writings are available in English in only the scantiest of excerpts. Book-size English commentaries on Dilthey can be counted without exhausting the fingers of one hand. The present, slim volume would, therefore, be of interest for no other reason than that it adds a reference to an all-too skimpy library. Fortunately, it (...) is of value for much better reasons. What Tuttle has attempted is the first systematic exposition of Dilthey's life-long attempt to establish an objectively valid basis for his theory of Verstehen and Nacherlebnis.. This may belie the subtitle of the book, but it can hardly be denied that the exposition is at least equal in importance to the critical analysis which follows it. The reconstruction of Dilthey's arguments consists of a description of: his concept of the special nature of human life which permits the subject and object of historical knowledge to be the same; the original descriptive psychology which Dilthey worked out as the basis for the study of history and of all the human sciences; his somewhat equivocal abandonment of psychology because of its ahistorical and law-like character in favor of an emphasis on empirical life assertions which are internalized by the method of Verstehen; his notion of human nature and the tension between its historically changing aspect and its unchanging epistemological aspect; the role of motives in Dilthey's system as causes of historical action; and his theory of ideal types as a methodological device for generalizing without having to utilize the causal explanations of natural science. The book begins and ends on the same note; namely, that Dilthey is unable to verify that the re-experience of the historian is actually a duplicate of the experience of the historical agent. But in between the opening statement and its repetition at the end, a wealth of insight into Dilthey's thought is provided.--H. B. (shrink)

Traditionally legal theorists, whenever engaged in controversy, have agreed on one point: legal norms are par excellence rules which impose obligations. The author examines this assumption, which from another perspective (that of constitutional law, for instance) appears less obvious. In fact, constitutional rules are commoniy empowering norms, norms which do not create duties but powers. To this objection many theorists would reply that empowering rules are incomplete and that they are to be understood as parts of duty‐creating rules. A different (...) position from this traditional stance is that defended in Kelsen's later writings, according to which the fundamental type of norm is the empowering norm. The author discusses Kelsen's three theories on the “ideal form” or structure of the legal norm, with special attention to the third of these, the empowerment theory. (shrink)

Sophists’ apologia. -/- Sophists were the first paid teachers ever. These ancient Greek enlighteners taught wisdom. Protagoras, Antiphon, Prodicus, Hippias, Lykophron are most famous ones. Sophists views and concerns made a unified encyclopedic system aimed at teaching common wisdom, virtue, management and public speaking. Of the contemporary “enlighters”, Deil Carnegy’s educational work seems to be the most similar to sophism. Sophists were the first intellectuals – their trade was to sell knowledge. They introduced a new type of teacher-student relationship (...) – the mutually beneficial communication on equal terms. They taught pupils how to think independently and how to persuade others, which was inseparably connected with the rise of democracy in the most advanced Greek polices. Sophists were the first to proclaim that all people are naturally equal. They put forward the idea of natural rights and social contract, working out the fundamentals of the present-day law. In addition, they developed the basics of philology, psychology, logic, and gave a scientific explanation to the origins of religions. They embodied definite positive ideals of their epoch. Sophistry flourished in the second half of the Vth through he first third of the IVth centuries B. C. The period coincides with the heyday of the entire Greek history – the so called Greek Miracle epoch. Sophists expressed some present-day concepts of Ancient Greek ideology and mentality, characteristic of its Golden Age times. The Ancient Athens of the times of Periclus were similar to the Florence of Renaissance as to the type of social structure. That is why (?) the art of eloquence (public speaking) was highly respected in Florence. The two cities had a lot of features of the present-day capitalist society, which was due to their role as the main centres of industry of their “worlds-economies”. During the subsequent Hellenic period, the Old Order was restored, based on the feudal rent recipients’ rule. The degradation of society resulted in the decline of sophistry. Sophistry represents the highest point in the evolution of Greek philosophy. It is also the most prominent school as to the novelty of its ideas. That was owing to the common propensity for innovation typical of Periclus’ Golden Age, which in its turn resulted from the establishment of the individualistic and rationalistic thinking similar to present-day mentality. Among other aspects, close attention was paid to ethnic issues; some humanistic ideas such as Master and Servant ethics and Enlightment as the primary condition of man’s freedom, received scientific grounding. The genre of philosophical dialogue was developed, as well as the rationalistic scientific gnoceology, aimed at consistently opposing any religion. Dialectics, the most outstanding achievement of the Antiquity, was also worked out by the sophists. Zeno of Helleas was one of the sophists. Democrites’ ideas were, too, quite close to dialectics. Socrates’ contemporaries regarded him ironically, as shown, for example, in the Aristophanes’ comedy “Clouds”. Nevertheless, this scholar can still be referred to as a sophist, although of somewhat weird personality. Socrates’ popularity, which came later, should be attributed to the fact that he was the first philosopher ever to have been sentenced and executed by law, rather than to any valuable scientific contributions. Sophistry as such, rather than Socrates, marks the line between pre-Socratic and post- Socratic schools. Plato, with the exception of his latest works, is considered to belong to the same philosophical school. Specifically, there are valid reasons to believe that he was paid fees by his disciples. In Plato’s Dialogues, all points of view will be proven and then disproved, so that an integral philosophical system is hard to observe. Plato’s “Idealism” is but one of the many possible theories. His ideal philosophy is a high-minded argument of wise men. As late as towards the end of his life, Plato betrayed the ideals of sophistry, turning into the world’s first proponent of totalitarianism. Sophistry is Greek classical literature. Later on, philosophy, as well as the entire Greek civilization, started to fall into decline. Over 500 subsequent years, Hellenistic-Roman scholars never came up with anything novel. The entire process of antique philosophical evolution can be subdivided into the following six stages: Phoenician (IX–VIIth centuries B. C.), archaic (VIth – the first half of IVth century B. C., classic (the epoch of sophistry: the second half of the Vth through the first decades of the IIIrd centuries B. C.), late antique (middle of the IIIrd – first decades of the VI th centuries B.C.) The fact that early in the VIth century B. C. sophistry was rejected in Athens, has a lot to do with the consequences of their defeat in Peloponnesian war, a social catastrophe. Ever since, the prevalent part of the criticism of sophistry is a criticism of sophists’ immoral ways of life and personalities, rather than the essentials of their philosophy. For instance, Aristotle’s criticism primarily concerns their pragmatism and tendency to make a profit out of teaching. However, Aristotle himself taught his disciples along similar lines, showing them how to “be able to prove both opposites”. It was Aristotle who summed up sophists’ century-long elaborations. The traditional modern interpretation of sophists as shown in Plato’s dialogues appears to be groundless. The truth of the matter is that Plato regards sophists as more serious philosophers than Socrates was. It becomes especially clear in the dialogue titled “Protagoras”, which shows the latter as gaining an undoubted victory over Socrates. Generally speaking, Plato’s works never regard sophists as weak or worthless opponents. A common opinion as to the essence of sophists’, in particular, Protagoras’s philosophy, has hitherto not been worked out. Many researchers renounce the very existence of any specific philosophical position in sophistry. The term “relativism” itself now has a bad name. However, it should be borne in mind that Protagoras doctrine emerged as a result of an attempt to get out of the ontological dead-end to which the entire Greek natural philosophy had come. To this purpose, he employed Anaxagoras’s idea about everything comprising everything, whereupon he built his physical-ontological theory, and Zeno of Helleas’s concept that all objects are such and different at the same time in the same respect. According to Protagoras’s philosophy, every object does not only seem, but is different from every other object, including human beings. Therefore, every person is his or her own measure of all other entities. The objective reality is the Ego’s relations with the outer world. Every object’s essence is defined through its interaction with ourselves. Nothing remains stagnant – every existence already contains non-existence, and vice-versa. However, the relativity of being is not to be regarded as absolute. That means, that relatively stable and therefore relatively cognizable entities do exist, among them the words we say. Doubt is not considered absolute by relativists either, which differentiates them from skeptics and agnostics. They dare to believe. Uncertainty is Godly – here, Protagoras becomes very close to the concept of apathetic theology. Gorgius shared Protagoras’s views and tried to prove them applying the same method as Zeno applied when upholding Parmenidis’s philosophy. He argued that if one accepts the opposite point of view and agrees that nothing can exist and not exist at the same time, one is bound to come to an the absurd conclusion that nothing is cognizable and nothing exists. To prove that there is a universal contradiction within the Existence itself, Protagoras and his followers in their turn put forward a number of special logical arguments, called rules of contraries, or sophisms. The most well-known of them is the Euathle’s sophism, which proves that an object can be such and different at the same time in the same respect. Generally speaking, all relationships of any entity are extraneous. The idea that all entities, including concepts, exist and do not exist at the same time, was also accepted by Plato. It should be stressed, that Plato’s philosophy as a whole is relativists’ greatest achievement. In his dispute against relativism, Aristotle put forward the main concepts of his ontology: the existence falls into the existence in possibility and the existence in reality, or substance and accidence – the ever changing “sublunary” world and the stable world of divine heavenly bodies. This division made his system self-contradictory to the point of absurd. Aristotle quite realized, that the direct disproof of relativism is hardly possible, which fact makes his criticism a mere tautology. It is very indicative in this respect that materialists, idealists and even skeptical agnostics applied the same arguments do disprove relativism. That demonstrates that the inner contradiction between any forms of “absolutism” and relativism is the most fundamental philosophical problem. Relativist ideas were repeatedly renewed throughout history, provided the social conditions were favourable. In variations, the concepts were advanced by Tzuan Tsi and ancient Chinese sophists, apostle Paul, Nicolas of Cusa, Galileo, Rene Descartes, G. Berkley, D. Hume, Ch. S. Pierce, E. Mach, A. Bogdanov, F. de Saussure, N. Bore, P. Feuerabend, U. Quain and others. However, no consistent relativist ontological system was developed after Protagoras. Meanwhile, a valid relativist theory could provide a clue to a fuller and more adequate general physical concept of the world, and to a deeper understanding of quantum mechanics. -/- Relativism as an ontological system of beliefs. -/- The relativist principle of relativity of all that exists is fundamental for the entire system of philosophy. Absolutely everything exists, but, at the same time, no existence is absolute. Anything is possible, but those entities only exist for us with which we interact this way or another, i. e., reality is interaction, “I interact – hence, I exist”. However, an overly close relationship between entities leads to non-existence – in other words, there is a certain existential optimum. For all of us, information, or perceptible heterogeneities, is real. Each of us is the center of a definite system of interactions with the world. If God is an endless Possibility, then the World is but the man’s dialogue with God. However, the ties that bind us with the world are of some definite kind, which predetermines our reality. The principle of relativity constrains itself, as any relativity is relative. On the one hand, that calls forth the Evil – caused by our own weakness. On the other hand, it makes our world relatively stable and cognizable. Generally speaking, the world is what we are. Everybody has an own Universe, but since people are fairly similar, our universes can be regarded as one Universe with common laws and regulations. It is possible for us to change the degree of objects’ existence in relation to ourselves and one another. It is equally important, though, to remain ourselves (keep following our “warrior’s path”). Since everything exists and no existence is absolute, the process of cognition should involve a criticism of everything but never a complete rebuttal of anything. The criterion of verity for any theory then is in its capacity to build itself upon a bigger number of diverse statements than in any other theory. Theoretically, all philosophies should ideally be complementary. The question of what in fact happened is meaningless unless we specify the “we”, the “where” and the “when”. The past can only exist as part of the present. When we change, our past undergoes corresponding qualitative objective changes, all of which are irreversible. The contemporary physics regards all objects of the Universe as existing for one another, which results in absurd conclusions. In fact, only what we interact with, exists. The so called “speed of light in vacuum” c is the maximum speed of direct interaction and direct exchange of signals. Specifically, at the oncoming speed c with a significant blue parallax the gamma-quantum is unable to interact with the matter. When this speed is reached, the gravitational mass of objects in relation to one another becomes equal to zero (imaginary), whereas their inertial mass equals infinity. Further acceleration will bring us into an entirely different Universe. That means that the Universe is an open system, which fact destroys all present-day cosmological models. Anything is possible in this world. Our reality is magic. Every bit of space contains a potentially limitless number of bits of other, however virtual, universes, as well as an infinite number of particles, which are still virtual for us (as postulated by quantum mechanics). In other words, there exists an infinity of different realities. With all the above in mind, the different levels of entities’ existence, in particular, of Life and Reason, should be taken into consideration. For example, to which extent a live system exists in relation to the inanimate forms of being is very indefinite, as what life is has to be determined by living creatures. An even greater compass of levels of existence can be brought about through interaction – that is the core idea of Godel’s theorem. As a result, the range of forms of existence tends towards infinity – the evolution of matter through super-intelligence will bring us up to God’s heights. A more generalized mathematical model of the physical world, including a universal operator of the co-existence of objects, can be developed based on the above considerations. The bonds between objects become weaker owing to 1) a high speed, 2) acceleration, 3) rotation, 4) strong gravity, 5) strong fields of other kinds, 6) the difference of levels of existence , 7) phase shifts. Yet, there always is an existential optimum. Such mathematical model is to operate certain non-transitive algebras. Relativist ontology assumes that the notion of “temperature” is relative, thus making it possible to ignore the Second Law of Thermodynamics. In its turn, that will allow for phase shifts. A perpetual motion machine of the second type will become a reality. Rotation could presumably be used to increase inertial and decrease gravitational mass, slowing down the time. An experimental research could shed light on the mentioned effects. (shrink)

In section I the notions of logical and inductive probability will be discussed as well as two explicanda, viz. degree of confirmation, the base for inductive probability, and degree of evidential support, Popper's favourite explicandum. In section II it will be argued that Popper's paradox of ideal evidence is no paradox at all; however, it will also be shown that Popper's way out has its own merits.

Terence Horgan and John Tienson claim that folk psychological laws are different in kind from basic physical laws in at least two ways: first, physical laws do not possess the kind of ceteris paribus qualifications possessed by folk psychological laws, which means the two types of laws have different logical forms; and second, applied physical laws are best thought of as being about an idealized world and folk psychological laws about the actual world. I argue that Horgan and Tienson (...) have not made a persuasive case for either of the preceding views. (shrink)