Challenges the traditional portrayal of Hobbes as an extreme ‘Realist’ in international relations theory—i.e. as someone who regarded the international arena as a pure anarchy in which law could have no meaning and aggression could always be justified by the dictates of self‐interest. It argues that his theory did have a place for international law, and did supply reasons for international cooperation of various kinds. In many ways his theory was closer to the ameliorism of the ‘Rationalist’ tradition than to (...) the changeless pessimism of the Realists; but, on the other hand, the peculiar nature of his natural law theory did set him apart from the Rationalist tradition. (shrink)

This volume examines Rawls's theory of international justice as worked out in his controversial last book, The Law of Peoples.

During his career, Ronald Dworkin wrote extensively on an impressive range of issues in moral, political, and legal philosophy, but, like many of his contemporaries, international law remained a topic of relative neglect. His most sustained work on international law is a posthumously published article, “A New Philosophy for International Law” (2013), which displays some familiar aspects of his views in general jurisprudence, in addition to some novel (though perhaps surprising) arguments as well. This paper argues that the moralized account (...) of international law we might have expected is conspicuously missing from this posthumous article; with Dworkin advancing an argument based on a form of political realism instead. (shrink)

Though my title speaks of Kant’s mathematical realism, I want in this essay to explore Kant’s relation to a famous mathematical anti-realist. Specifically, I want to discuss Kant’s influence on L. E. J. Brouwer, the 20th-century Dutch mathematician who built a contemporary philosophy of mathematics on constructivist themes which were quite explicitly Kantian. Brouwer’s theory is perhaps most notable for its belief that constructivism requires us to abandon the traditional logic of mathematical reasoning in favor of different canon of (...) reasoning, called intuitionistic logic. Brouwer thought that classical logic is intrinsically bound up with a nonconstructive view of mathematics. This means that, according to Brouwer, when we do mathematics we must give up bivalence, we must no longer use such familiar logical laws as excluded middle, and we must sometimes forebear from the classic method of reductio ad absurdum. All of these are intuitionistically invalid classical principles. (shrink)

Fools rush in. ALEXANDER POPE, AN ESSAY ON CRITICISM (London, 1711). The full quotation is, “For Fools rush in where Angels fear to tread.” Id. at 66. She who hesitates is lost. Adaptation of the line, “The woman that deliberates is lost.” JOSEPH ADDISON, CATO: A TRAGEDY, AND SELECTED ESSAYS 30 (2004). See also OLIVER WENDALL HOLMES, SR., THE AUTOCRAT AT THE BREAKFAST TABLE 29 (1858) (“The woman who ‘calculates’ is lost.”). American legal realism numbers among the most important (...) theoretical contributions of legal academia to date. Given the movement’s influence, as well as the common centrality of certain key figures, it is surprising that privacy scholarship in the United States has paid next to no attention to the movement. This inattention is unfortunate for several reasons, including that privacy law furnishes rich examples of the indeterminacy thesis — a key concept of American legal realism — and because the interdisciplinary efforts of privacy scholars to explore extra-legal influences on privacy law arguably further the plot of legal realism itself. (shrink)

Famously, Kant is a transcendental idealist. Yet he also endorses empirical realism, and even boasts that only the transcendental idealist can be an empirical realist. The difficulty of making sense of those commitments together leads many interpreters to begin by attributing to Kant some variant of conventional, subjective idealism. That in turn requires that Kant's empirical realism be at best a merely ersatz or quasi-realism. But that drains Kant's boast of its significance. For any idealist can be (...) a realist if the 'realism' in question is defined in terms of a prior commitment to idealism. Thus I argue, on the contrary, that we must begin the interpretation of Kant's Critical philosophy by taking his empirical realism to be a genuine, common-sense realism about empirical things. That approach yields a consistent, satisfying, and novel reading of the Critical enterprise, including transcendental idealism, as explaining how empirical realism is possible. Along the way I show, among other things, (1) how to make systematic sense of Kant's controversial theory of meaning, which is standardly either downplayed or regarded as grossly inconsistent with his other core commitments; (2) how to dispense with the centuries-old Neglected Alternative objection; and (3) how to account for the syntheticity of the moral law and its role in conferring experience-immanent meaning on the practical postulates (e.g., of the existence of God). (shrink)

Flack and de Waal present evidence for behaviour in non-human primates that functions to share food, terminate fights and reconcile opponents. Consolation and punishment are also suggested. These functions are assumed to be the motivation for the behaviour. Animals indeed have expectations about signal meaning and the likely immediate consequences of their behaviour. This does not mean they understand genetic fitness, peacekeeping or justice, even if these functions are achieved. Instrumental aggression is used to achieve a goal, not to punish (...) wrong doers. More elaborate motivation would indeed require empathy, sympathy, community solutions and morality. Although more parsimonious explanations for the behaviour described are rejected as not necessarily being true, less parsimonious explanations are not necessarily true either, no matter how appealing. (shrink)

Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred congressional (...) "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (shrink)

Despite the efforts of some modern Jewish law scholars, it is difficult to apply models of secular jurisprudence (whether positivist or Dworkinian) to the Jewish legal system. Internal analysis suggests that the “secondary rules” of the system are far too fragile. Rather, the system appears to privilege trust over objectively determinable truth. (But perhaps trust is a concept to which greater attention should be paid also in secular jurisprudence, as a legal realism informed by semiotics might maintain.) The practical (...) implications of this difference are here illustrated both from research on reform of Jewish marriage law and recent developments in the area of law and religion, in the wake of Archbishop Rowan Williams’ advocacy in 2008 of a model of “transformative accommodation”. (shrink)

In this paper, I contest increasingly common "realist" interpretations of Hegel's theory of "the concept" (der Begriff), offering instead a "isomorphic" conception of the relation of concepts and the world. The isomorphism recommended, however, is metaphysically deflationary, for I show how Hegel's conception of conceptual form creates a conceptually internal standard for the adequacy of concepts. No "sideways-on" theory of the concept-world relationship is envisioned. This standard of conceptual adequacy is also "graduated" in that it allows for a lack of (...) fit between concept and world. The possibility for a "maximally isomorphic" fit between concept and world obtains through the teleological realization of concepts, which marks especially the "artificial" world of human culture (law, art, religion, etc.). Some of the most seemingly exaggerated claims Hegel makes about the concept, I contend, can be understood when we consider the significance Hegel ascribes to human making, which is provided for in his conceptual theory. But my framework provides an interpretive key for the way Hegel sees concepts imperfectly realized in the natural world as well. (shrink)

The United States is using the theme of rights to build its unilateralism. In order to transform this unilateralism into a convincing universalism, it needs to reinforce its “soft power,” appeal to its partners and convince them of the necessity of its initiatives. Aggressive or offensive rights and crude unilateral military interventions are dangerous per se; they might also endanger American power in the long run. Culturally, this challenge is rooted in America’s origins and in its enthusiastic desire to (...) reform the world. In that respect, the shaping of a so-called “world community,” America is challenging continental Europe and its hierarchical universal power rooted in Catholic verticality. On the contrary, the U.S. conception of power is based on a horizontal dynamic, inspired by the structure of the reformation movement. American coercive rights are defying a universal powerless law; Luther is certainly taking its revenge against Rome. Indeed, as for now, America’s universal competence turns out to be more effective than the ICC. However, if the United States does not take into account its own aspirations to define universal norms, it will be more and more difficult for the United States to justify the necessity of its military decisions. any step back to crude realism could be a fatal regression. It will be a mistake for the pursuit of America’s own interests; it would also most probably endanger the stability of the international system, as it would foster rivalries and hostile reactions. (shrink)

Resumen: El realismo crítico personalista plantea una nueva idea de juridicidad. Reclama frente a la escisión radical entre teoría y praxis jurídica, entre lo axiológico y lo normativo, entre la realidad y lo objetivo, que esgrime la argumentación kelseniana, una instancia crítica para el derecho positivo: la existencia de la persona humana concreta, (que hace y vive la historia), como fundamento inmediato de todo lo jurídico. Si partimos de la base de que siendo la teoría general del derecho una invención (...) moderna, hasta su culminación en Kelsen, ¿por qué no admitir que pueda ser matizada por otros marcos axiológicos y cognitivos, también modernos, descuidados desde entonces por esa concepción normativista? Por eso, hablamos de “realismo crítico”. Abstract: The personalist critical realism sets out a new idea about legality facing Kelsen’s argument. Kelsen claims a radical separation between legal theory and praxis, between the axiological and the normative, and between reality and objectivity. However, the personalist critical realism proposes a critical starting point: the existence of the real human being, the one who makes and lives history, as the immediate basis of the legal world. If we start from the assumption that the general theory of law is a modern invention, until it reached its highest point with Kelsen; why do not we admit that it can be elaborated by other cognitive frameworks, also modern, which have been ignored since then, by that normative idea? Therefore, we talk about “critical realism”. (shrink)

This paper explores the contribution by the contemporary legal realist Hanoch Dagan. Dagan’s brand of realism defines law on the basis of its institutions or social practices, not of its norms or rules. The paper first provides a critical overview of this realist theory of law: It is not synonymous with the predictive theory of law, with Leiter’s theory of judges, or Frank’s “breakfast theory”. By focusing on the role of judges and the methodology of legal reasoning, we discover (...) that the core difference between realism and positivism lies in the claim that law is affected by a strong form of indeterminacy, stemming from the plurality of legal sources, not from the open texture of legal language as expressed in rules; and we are also able to distinguish this form of realism from contemporary movements in legal theory, such as critical legal studies and law & economics. The normative dimension of realism is also addressed: This theory of law develops a specific concept of justice, on the ground of a cognitivist theory of value. (shrink)

The philosophical or metaphysical architecture of Darwin's theory of evolution by natural selection is analyzed and diflussed. It is argued that natural selection was for Darwin a paradigmatic case of a natural law of change — an exemplar of what Ghiselin (1969) has called selective retention laws. These selective retention laws lie at the basis of Darwin's revolutionary world view. In this essay special attention is paid to the consequences for Darwin's concept of species of his selective retention laws. Although (...) Darwin himself explicity supported a variety of nominalism, implicit in the theory of natural selection is a solution to the dispute between nominalism and realism. It is argued that, although implicit, this view plays a very important role in Darwin's theory of natural selection as the means for the origin of species. It is in the context of these selective retention laws and their philosophical implications that Darwin's method is appraised in the light of recent criticisms, and the conclusion drawn that he successfully treated some philosophical problems by approaching them through natural history. Following this an outline of natural selection theory is presented in which all these philosophical issues are highlighted. (shrink)

The proliferation, globalization, and fragmentation of law in world politics have fostered an attempt to re-integrate International Law and International Relations scholarship, but so far the contribution of realist theory to this interdisciplinary perspective has been meagre. Combining intellectual history, the jurisprudence of IL and IR theory, this article provides an analysis of John H. Herz’s classical realism and its perspective on international law. In retrieving this vision, the article emphasizes the political and intellectual context from which Herz’s (...) class='Hi'>realism developed: the study of public law in Germany during the interwar period and in particular the contribution of Hans Kelsen and the pure theory of law to the study of international law. Herz was deeply inspired by Kelsen but he criticized the pure theory for ignoring the sociological foundations of law. Following his emigration to the United States, Herz embraced realism but without disregarding international law. Indeed, his mature, globally oriented realism offers a balanced, fruitful perspective for thinking about the relationship between politics and law that is deeply relevant for contemporary theory: it challenges modern, law-blind variants of realism and holds considerable potential for contributing to the approaches that have most successfully studied the law–politics nexus. (shrink)

In "On the Notion of Cause," Bertrand Russell expressed an eliminativist view about causation driven by an examination of the contents of mathematical physics. Russell's primary reason for thinking that the notion of causation is absent in physics was that laws of nature are mere "functional dependencies" and not "causal laws." In this paper, I show that several ordinary notions of causation can be found within the functional dependencies of physics. Not only does this show that Russell's eliminitivism was misguided, (...) but it shows that Russell's opponents, such as Nancy Cartwright, who think that mere functional dependenciescannot capture causal claims, also underestimate the causal content of such equations. (shrink)

The advantages of adopting a realist semantics within linguistics are seen as: first, such semantics can allow for meaningful disagreements between speakers; and second, such semantics minimizes indeterminacy. These two advantages are translated into comparable advantages for such semantics if used in law. Three different versions of realist semantics are distinguished within recent legal theory. Only one of these is deemed capable of delivering the advantages of a truly realist semantics. Although a broad applicability of realist semantics is defended—to cover (...) terms referring to functional and moral as well as natural kinds—a limited role for realist semantics within legal interpretation is defended. Such semantics may provide the first word in legal interpretation; it never provides the last word. The application of realist semantics to law itself is finally assayed. The desirability of legal theory about law being objective is defended. (shrink)

My focus in this work is on giving an analysis of Peirce's post-1895 remarks about realism and the realism/nominalism debate. I argue that there is a consistent position to be found in these writings, yet in order to understand his position we must look not only at Peirce's remarks on realism, but also to the various themes connected with his realism, viz. to his discussion of the categories, pragmatism, and opposing views. ;From Peirce's direct remarks on (...) realism we learn that there are two kinds of universals, viz., laws and possibilities , both of which are independent of mind. Peirce's claim that Firsts are real as possibilities, and Thirds are real as that to which Seconds conform, constitutes his universal-realism . Thirds, however, are laws, that which science seeks to discover. The subjunctive conditionals which express scientific theories are either true or false, and the entities to which they refer are real or figments. In this consists Peirce's scientific realism, or "scholastic realism". ;From Peirce's discussions of the categories and of nominalism, we learn that there are two kinds of qualities: embodied and unembodied. The latter are uninstantiated universals, the former are dispositions. Peirce's doctrine of pragmaticism is an analysis of embodied qualities, i.e., what it means to say that "an object possesses a character." I suggest that Peirce insists that uninstantiables as necessary for realism about laws because they ground the counterfactuals which law-statements support. ;Because Peirce has both uninstantiated universals, and because he also believes that there is a sense in which universals really are "in" things as parts, he is neither Transcendental nor Immanent Realist exclusively. (shrink)

This paper responds to John Milbank's essay, `The Poverty of Niebuhrianism' in The Word Made Strange, in which Milbank critiques Reinhold Niebuhr's Christian realism for reliance on Stoic natural law thinking and its deficiency in regard to original sin. While Milbank rightly detects naturalism in Christian realism, this naturalism is inaccurately identified as Stoic in conception. Additionally, more detailed analysis of Niebuhr's thought reveals similarities between Niebuhr and Milbank on original sin, as this article seeks to demonstrate.

Brian Z. Tamanaha has written extensively on realism in jurisprudence, but in his Realistic Theory of Law (2018), he uses "realism" in a commonplace way to ground a rough outline of legal history. While he refers to his method as genealogical, he does not acknowledge the complex tensions in the development of the philosophical use of that term from Nietzsche to Foucault, and the complex epistemological issues that separate them. While the book makes many interesting points, the methodological (...) concerns outweigh them in the overall assessment of the value of the work. (shrink)

In International Law and World Order, B. S. Chimni articulates an integrated Marxist approach to international law combining the insights of Marxism, socialist feminism and postcolonial theory. The book uses IMAIL to systematically and critically examine the most influential contemporary theories of international law including new, feminist, realist and policy-oriented approaches. In doing so, it discusses a range of themes relating to the history, structure and process of international law. The book also considers crucial world order issues and problems that (...) the international legal process has to contend with, including the welfare of weak groups and nations, the ecological crisis and the role of human rights. This extensively revised second edition provides an invaluable, in-depth and updated review of the key literature and scholarship within this field of study. It will be of particular interest to students and scholars of international law, international relations, international politics and global studies. (shrink)

There are differences in the approach to law and ethics in Western philosophy compared to law and ethics in Islamic philosophy. Western philosophy itself is divided into several schools, including natural law philosophy, legal realism or positivistic philosophy, historical philosophy of law, sociological philosophy of law, and utilitarianism. These schools have different views on the position of law and ethics. In the discourse of Islamic philosophy, Law and Ethics or Morality are seen as interrelated principles. While Western philosophy is (...) divided into several schools and dichotomizes between Law and Ethics, in Islamic philosophy they are integrated into the view that law and ethics are a unity and represent the spirit of Islamic teachings. This research aims to explain the role of law and ethics in Western philosophical schools. This research will explain how Western philosophical thought relates to law and ethics, and how the integration of law and ethics occurs in the context of Islamic philosophy. This research is a type of literature review or bibliographic study. The method applied in this research is descriptive analysis using a comparative approach. In the issue of Law and ethics, Western philosophical schools are divided into two views: those that unite law and those that separate law and ethics. The view that unites law and ethics includes natural law philosophy and historical philosophy of law. The view that separates law and ethics includes legal realism, positivism, social jurisprudence, and utilitarianism. Meanwhile, in the context of Islamic philosophy, the relationship between law and ethics is considered an integrated dimension in human life that cannot be separated. (shrink)

Peirce’s True Gorgias is a brief dialogue from his essay “Grounds of Validity of the Laws of Logic”, published in 1869. The True Gorgias exposes the fallacy of existential import. It has received no sustained attention in the secondary literature, perhaps because the fallacy is now familiar. Peirce’s assessment of the fallacy involved in the reasoning, however, changes between 1865 and 1869, and he only arrives at the contemporary account of existential import in 1880. Moreover, a careful examination of the (...) context in which the True Gorgias appears reveals it provides an argument in support of Peirce’s early Aristotelian realism about universals in contradistinction to non-Aristotelian varieties of realism advocated by W.T. Harris, editor of the journal in which the True Gorgias was published. (shrink)

The article discusses the position of the Australian philosopher David Armstrong on the problem of the ontological status of the laws of nature. Through a clarification of Armstrong’s understanding of naturalism, physicalism, and factualism, the general essence of his metaphysical project is summarized. Then article presents his theory of the laws of nature, which is a kind of nomological realism: his version of the nomolog­ical argument is examined; his general grounds for rejecting the regularity theories, which is classical for (...) the naturalistic approach, are clarified; and the role of abduction in Arm­strong’s theory is demonstrated. The relation of nomic necessity, which is the key concept of his theory, is discussed in detail: its status as a second-order universal is explained; the terms of this relation, namely the types of states of affairs that constitute some special kind of universals, are distinguished; the essence of the nomic connection assumed by this relation is clarified through Armstrong’s theory of causality. Armstrong’s critique of regularity theories of laws of nature and the advantages of his nomological realism over them are discussed: cases where regularity is not law are considered; cases where there are laws that are not related to regularities, and cases where law and regularity seem to coincide, but there is reason to believe that they are different, these are the cases that appear to be most important. Finally, drawing on his own argumentation, the advan­tages of Armstrong’s theory over the best systems approach are justified: the problem of subjectivism and the threat of anti-realism inherent in coherentist approaches are ex­amined; the highly counterintuitive dependence of the existence of some laws on the ex­istence of others is pointed out; and the danger of actual contradictions within our ontol­ogy is demonstrated. (shrink)

On one view of ethical development, someone not yet virtuous can reliably progress by engaging in what meaningfully resembles virtuous conduct. However, if the well-intended conduct is psychologically demanding, one's character, precisely because one is not yet virtuous, may worsen rather than improve. This risk of degradation casts doubt on the developmental view. I counter the doubt through one interpretation and one application of the Mengzi. In passage 2A2, invoking the image of a farmer who “helped” the crop grow by (...) pulling the sprouts, MENG Ke cautions, “do not help it grow.” I defend a novel interpretation: do not advance with a naïve negligence about your psycho-physiological constitution. I also show how to advance with realistic care by pointing out an overlooked application of a much-discussed cultivation technique illustrated in Mengzi 1A7: ethical reflection can conciliate one with one’s ongoing or past advanced action, lowering the action’s risk of degradation. (shrink)

Augustine posed two questions that go to the heart of the nature of law. Firstly, what is the difference between a kingdom and a band of robbers? Secondly, is an unjust law a law at all? These two questions force us to consider whether law is simply a means of social control, distinguished from a band of robbers only by its size, or whether law is a social institution justified by its orientation towards justice. The End of Law applies Augustine’s (...) questions to modern legal philosophy as well as offering a critical theory of natural law that draws on Augustine’s ideas. McIlroy argues that such a critical natural law theory is realistic but not cynical about law’s relationship to justice and to violence, can diagnose ways in which law becomes deformed and pathological, and indicates that law is a necessary but insufficient instrument for the pursuit of justice. Positioning an examination of Augustine’s reflections on law in the context of his broader thought, McIlroy presents an alternative approach to natural law theory, drawing from critical theory, postmodern thought, and political theologies in conversation with Augustine. (shrink)

When is a law too idealized to be usefully applied to a specific situation? To answer this question, this essay considers a law in hydrogeology called Darcy''s Law, both as it is used in what is called the symmetric-cone model, and as it is used in equations to determine a well''s groundwater velocity and hydraulic conductivity. After discussing Darcy''s law and its applications, the essay concludes that this idealized law, as well as associated models and equations in hydrogeology, are not (...) realistic in the sense required by the D-N account. They exhibit what McMullin calls mathematical idealization, construct idealization, empirical-causal idealization, and subjunctive-causal idealization. Yet this lack of realism in hydrogeology is problematic for reasons unrelated to the status of the D-N account. These idealizations are also problematic in applied situations. Their problems require developing two supplemental criteria, necessary for their productive application. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:FEYERABEND'S EPISTEMOLOGY AND BRECHTS THEORY OF THE DRAMA by S. G. Couvalis In his early paper, "On the Improvement of the Sciences and the Arts," Feyerabend argues that, just as rival hypotheses show the shortcomings of entrenched scientific hypotheses, so theatre which presents hypotheses contrary to common beliefs about human beings shows the shortcomings of these beliefs. It develops understanding of human relations more effectively than intellectual debate because (...) it is a more complex medium whose elements can "represent the contrary hypotheses at the same time."1 He takes Brecht to be the first theorist of such a theatre. I shall argue that Brecht's epistemology is similar to Feyerabend's early epistemology and that his dramatic theory is a consequence of it.2 1 shall also argue, however, that Feyerabend is wrong in saying that Brechtian theatre presents contrary hypotheses at the same time, because plays, like descriptions, are theory-laden and Brecht, in any case, intends to show on stage that tragedies have social origins and not to present contrary hypotheses about human beings. According to Brecht, most people improperly assume that human behavior and social relations follow fixed patterns inherent in nature because they have been unable to compare the human behavior they know with that in other societies. They take what they experience to be typically human. Moreover, they interpret their social world as they have been taught: "A child, living in a world of old men... knows the run of things before he can walk."3 Feyerabend brings out the effect of such training very vividly: "The teaching procedures both shape the 'appearance,' or 'phenomenon' and establish a firm connection with words, so that finally the phenomena seem to speak for themselves...."4 Because these interpretations of the social world which children are taught are descriptive, explanatory, and prescriptive, they are more 117 118Philosophy and Literature complex and more dangerous than the interpretations of physical objects they are taught. For example, children learn different evaluations of precisely the same behavior in males and females through being taught how to describe it. In being taught to describe certain behavior as "manly" they are taught both that it arises from a male's nature and that it is laudable behavior for boys but not for girls. "Manly" behavior in a woman is not "confident" or "forthright," but "aggressive" or "pushy." In order to stop us from regarding traditional behavior patterns and social relations as unchangeable, and to enable us to question our descriptions of them, Brecht argues that the dramatist must cause us to cease to regard such patterns and social relations as familiar givens that can only be described in one way. To achieve this, he must not structure his plays on the Aristotelian model. The Aristotelian model makes audiences incapable of criticizing the dramatic message, imparts the view that the sources of tragedy lie in an inexplicable human essence, and presents social rules as if they were unquestionable natural laws. Instead, he should structure his plays to induce in audiences a scientific attitude to social relations and patterns of behavior. Like Feyerabend, Brecht realizes that a scientific attitude is not displayed by collecting descriptions of experience without considering whether the interpretations contained in the descriptions are correct. In Galileo, his view of those who mechanically describe experience in traditional terms is shown in Galileo's replies to the Aristotelian arguments of Andrea. When Andrea argues, "I can see that the sun's not in the same place in the evening and morning. So it can't stand still. It just can't," Galileo replies, "You 'W! What do you see? You see nothing at all. You're just gaping. Gaping isn't seeing." He then demonstrates to Andrea that the apparent motions of objects need not be their real motions because an apparent motion can be caused in more than one way. 5 Brecht shows that the central question for the scientist is not "How shall I collect descriptions of appearances?" but "What is it that I really perceive and how is it caused?" He argues elsewhere that "there's a vast difference between experiment and experience" because experiments are set up to test... (shrink)

Russia’s war against Ukraine has grave consequences in several political categories. These include: a reassessment of the school of ‘political realism’, one of whose proponents claims to have predicted the war. Was the West partly ‘responsible’ for the war? Second, to what extent does the war of aggression, as an undeniable violation of law, damage the status of international law and justice? Third, the war is embedded in political developments that stretch back a century. It is examined in its (...) context within American foreign policy since the Wilsonian peace programme, in relation to the dangerous reluctance of the EU to pursue a decisive geopolitical policy towards Russia, and interpreted in the light of Stalinist echoes within Russian politics. (shrink)

Sciences are often regarded as providing the best, or, ideally, exact, knowledge of the world, especially in providing laws of nature. Ilya Prigogine, who was awarded the Nobel Prize for his theory of non-equilibrium chemical processes—this being also an important attempt to bridge the gap between exact and non-exact sciences [mentioned in the Presentation Speech by Professor Stig Claesson (nobelprize.org, The Nobel Prize in Chemistry 1977)]—has had this ideal in mind when trying to formulate a new kind of science. Philosophers (...) of science distinguish theory and reality, examining relations between these two. Nancy Cartwright’s distinction of fundamental and phenomenological laws, Rein Vihalemm’s conception of the peculiarity of the exact sciences, and Ronald Giere’s account of models in science and science as a set of models are deployed in this article to criticise the common view of science and analyse Ilya Prigogine’s view in particular. We will conclude that on a more abstract, philosophical level, Prigogine’s understanding of science doesn’t differ from the common understanding. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Sport Realism: A Law-Inspired Theory of Sport by Aaron HARPERTim ElcombeHARPER, Aaron. Sport Realism: A Law-Inspired Theory of Sport. Lanham, Md.: Lexington Books, 2022. viii + 172 pp. Cloth, $95.00At a crucial moment in the 2019 World Series all six on-field umpires, in communication with Major League Baseball’s headquarters, engaged in an 8-minute discussion to determine if a baserunner should be called out for interference. The (...) deliberation stemmed from a tension between the formal rules of baseball and the game’s unwritten rules about a baserunner’s traveled path to first base. This example of a “hard case” in sport officiating sets Aaron Harper’s book Sport Realism: A Law-Inspired Theory of Sport in motion. Harper’s aim in Sport Realism is to provide a new “theory of sport” drawing primarily from American legal realism—and supplemented by philosophical pragmatism and virtue jurisprudence. Sport realism, Harper argues, serves as the best resource to understand how rules are applied in sport and how officials make in-game decisions, and it highlights the importance of participants being able to develop an expectation for how calls will be made in the future and to make difficult normative judgments.In chapter 1, Harper provides an excellent overview of the sport philosophy literature related to “theories of sport.” Using a chronological approach, he develops a clear and extensive “history” of the evolution of the field’s most influential theories and their connections to legal theory. Harper summarizes how formalism’s rigid commitment to “constitutive” rules that supposedly define a sport led to criticisms from conventionalists who alternatively generated their account of how nonwritten rules or a sporting ethos defines how a sport is played. However, the laissez-faire nature of conventionalism, as well as the inflexibility of formalism, gave rise to now-dominant interpretivist theories of sport that Harper covers in significant detail. Primarily inspired by Ronald Dworkin, philosophers developed theories that relied on the interpretation of principles that affirmed a sport’s point and purpose. Emergent formulations of interpretivism—from realist accounts to antirealist/historicist versions—all relied on the interpretation of some essential starting point (rules, principles, ethos, deep conventions) to both explain sport and provide officials with normative guidance.Harper regularly lauds interpretivism as the best theory of sport developed to date. However, in chapter 2 he highlights deficiencies with interpretivist accounts via two case studies: New York Yankees’ pitcher Michael Pineda’s “illegal” use of pine tar to improve his grip on the [End Page 147] baseball, as well as Tiger Woods taking a favorable drop after hitting his golf ball into a water hazard. From these two cases, Harper concludes that all variations of interpretivism (from realist to antirealist accounts) fall short in the purpose of developing a theory of sport: to both explain sport (Pineda case) and give a wide swath of formal and informal decision-makers tools to make difficult ethical judgments (Woods case).Harper turns to American legal realism in chapter 3 to develop a superior theory of sport. Crucial to Harper’s sport realism account is Oliver Wendell Holmes’s resistance to understanding law as a set of rules or principles, and instead as an ongoing process of “policymaking” best characterized by the role of the appellate courts. “Understanding the law” from a Holmes perspective, Harper writes, “entails successful prediction of how courts will act in deciding cases... which actions will, in fact, prompt sanction by a court.” This alternative view of the law led to the rise of American legal realism—and subsequently serves as the source of Harper’s sport realism account sketched out in the latter half of chapter 3. According to sport realism, sport ought to be explained by how “it is actually played in order to provide a more accurate account of sport as an activity.” This “best explanation of sport” therefore “provides normative guidance” for sporting challenges.Continuing his development of sport realism, Harper sets out in chapter 4 to define cheating as “an instance of rule-breaking [that] warrants a restorative sanction given by sport officials, and we would expect such sanction to be given if the action... (shrink)

Legitimacy challenges are part of human societies. Whenever we recognise a person, law, ideal or institution as authoritative, questions can be raised about their legitimacy. Why follow this law? Why strive to honour this moral ideal? If such questions are repeatedly raised, they pose an undermining threat to the authorities in question. This is good if the challenged law or ideal is harmful, but problematic, if it is beneficial. Where the first kind of legitimacy challenges are raised by ethical pioneers (...) and moral critics, the last kind are posed by cynics, who disregard the demands of law and morality when they conflict with their interests. The threat to human society caused by cynicism is part of the reason why philosophers since Plato have sought to address and rid society of it.This article discusses how philosophy can deal with cynicism. It does so by firstly looking at how Anthony Holiday defends a moral realist theory and disproves ‘the theory of cynicism’ as well as tries to subvert real life cynics. Secondly, the work of the later Wittgenstein is used to discuss Holiday’s approach, finding it to some extent wanting in both its theoretical and practical aims.Lastly, inspired by Stanley Cavell’s thinking it is suggested that cynicism calls for not only problem solving and problem dissolving, but also something we might call reconciliation. (shrink)

Firearm violence is a major public health problem in the United States. In 2000, firearms were used in 10,801 homicides – two-thirds of all homicides in the U.S. – and 533,470 non-fatal criminal victimizations including rapes, robberies, and assaults. The social costs of gun violence in the United States are also staggering, and have been estimated to be on the order of $100 billion per year.Illegal gun carrying, usually concealed, in public places is an important risk factor for firearm-related crime. (...) In the 1980s and 1990s, police departments across the country began to develop and implement strategies to address illegal weapons carrying. Often these strategies have involved aggressive efforts to identify and physically search individuals suspected of illegally carrying a firearm. (shrink)

How scholastic realism met the scientific method.

Legal realism comes in two main versions, namely American legal realism and Scandinavian legal realism. In this article, I shall be concerned with the Scandinavian realists, who were naturalists and non-cognitivists, and who maintained that conceptual analysis is a central task of legal philosophers, and that such analysis must proceed in a naturalist, anti-metaphysical spirit. Specifically, I want to consider the commitment to ontological naturalism and non-cognitivism on the part of the Scandinavians and its implications for their (...) view of the nature of law. I argue that the Scandinavians differ from legal positivists in that they reject the idea that there are legal relations, that is, legal entities and properties, and to varying degrees defend the view that law is a matter of human behavior rather than legal norms, and that they do not and cannot accept the idea that there is a ‘world of the ought’ in Kelsen's sense. I also argue, more specifically, that the objection to non-naturalist theories raised by the Scandinavians—that there is and can be no connection between the higher realm of norms and values and the world of time and space—is convincing, and that Kelsen's introduction of a so-called modally indifferent substrate does nothing to undermine this objection. In addition, I argue that the Scandinavians can account for the existence of legal relations that do not presuppose the existence of morally binding legal norms by embracing conventionalism about the existence of the sources of law, while pointing out that in doing so they would also be abandoning their legal realism for legal positivism. Finally, I argue that the implications for legal scholarship of the realist emphasis on human behavior instead of legal norms is not well explained by the realists and appear to amount to little more than a preference for teleological interpretation of legal norms. (shrink)

Predmet ovog rada su eticki aspekti agresije NATO na SRJ, odnosno Srbiju, sprovodjene od marta do juna 1999. godine. Rad je koncipiran kao svojevrstan kriticki dijalog sa J. Habermasom, odnosno njegovim stavovima iznesenim u tekstu?Bestijalnost i humanost - rat na granici prava i morala?. Nakon kraceg prikaza Habermasovog stanovista, u uvodnom delu rada autorka razmatra moralne implikacije njegovog stava o hirurskoj preciznosti bombardovanja i principu postede civilnog stanovnistva kao karakteristikama ove agresije od, kako tvrdi ovaj autor, visokog legitimirajuceg znacaja. Potom (...) se usredsredjuje na kljucni, deklarativno moralni argument kojim se agresija opravdavala - zastita ugrozenih ljudskih prava kosmetskih Albanaca i sprecavanje humanitarne katastrofe kojoj su, kako se tvrdilo, bili izlozeni. Temeljnom analizom ovog argumenta, koju autorka sprovodi u nekoliko koraka, ona zakljucuje da agresija nije bila, kako je Habermas tvrdio, rat na granici prava i morala, vec s onu stranu i prava i morala, situirana duboko u domen interesno motivisanih oruzanih akata americke spoljne politike. PR Projekat Ministarstva nauke Republike Srbije, br. 43007. (shrink)

Drawing on philosophical pragmatism, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area. Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a (...) clear and concise fashion while articulating a social theory of law that draws equally from legal theory and socio-legal theory. `This book provides a useful, and at times provocative, review of recent developments in legal theory. Because it covers considerable territory, it should be a good addition to one's professional library... there is much to commend in this book. It is well written, ably argued, and generally knowledgeable. It treats controversial topics forthrightly...an excellent review of the legal theory literature.... It should provide a worthwhile venture into familiar debates rendered from a perspective that owes allegiance to no side.' Law and Politics Book Review `by any criterion and excellent book...Tamanaha has produced a work which should feature as a core text in jurisprudence courses' Oxford Journal of Legal Studies `This is the most significant piece of work for anybody in Jurisprudence, Socio-Legal Studies, or Legal Theory' Neil MacCormick `a rich insight into almost every question legal theory has vexed itself over the past twenty-five years' Stanley Fish. (shrink)

After qualifying in which sense ‘realism’ can be applied to eighteenth-century views about morality, I argue that while Kant shares with traditional moral realists several fundamental claims about morality, he holds that those claims must be argued for in a radically different way. Drawing on his diagnosis of the serious weaknesses of traditional moral realism, Kant proposes a novel approach that revolves around a hybrid view about moral obligation. Since his solution to that central issue combines elements of (...) realism with elements of voluntarist ascent, Kant’s position can be characterized as an idealist version of moral realism or, more specifically, as the combination of a strong realism about the moral law with an idealist account of moral obligation. (shrink)

This paper explores the idea that laws express relationships between properties or universals as defended in Michael Tooley's recent book Causation: A Realist Approach. I suggest that the most plausible version of realism will take a different form than that advocated by Tooley. According to this alternative, laws are grounded in facts about the capacities and powers of particular systems, rather than facts about relations between universals. The notion of lawfulness is linked to the notion of invariance, rather than (...) to the metaphysical notion of a necessary connection. (shrink)