The ideal of objectivity is in crisis in science and the law, and yet it continues to do important work in both practices. This article describes that crisis and develops a shared rescue strategy for objectivity in both domains. In a recent article, Inkeri Koskinen attempts to bring unity to the fragmented discourse on objectivity in the philosophy of science with a risk account of objectivity. To put it simply, she argues that we call practitioners, processes, and (...) products of science objective when they identify and manage certain important epistemic risks. We endorse this view and attempt to tailor Koskinen's strategy to the problem of objectivity in the legal context. To do so, we develop a novel notion of phronetic risk, and argue that we call practitioners, processes, and products of law objective when they identify and manage certain important epistemic and/or phronetic risks. Our attempt to rescue objectivity is especially important for work at the intersection of law and psychiatry. For that intersection represents a place where skeptical worries about objectivity in science and law work in tandem to pose serious critical challenges to contemporary practice; and our rescue strategy represents a promising way to negotiate those challenges. (shrink)

Respon'sible, liable to be called to account or render satisfaction: answerable: capable of discharging duty: able to pay. The old Chambers's dictionary gives a behavioristic view of responsibility: in terms of action, not thought or belief. “Lust in the heart” is not equated to lust in flagrante. It is this view I shall explore in this essay, rather than the more subjective notion of moral responsibility, as in, “I feel moral responsibility for not doing anything to save the Tutsis [Hutus, (...) ethnic Albanians, etc.].” My presumption is that responsibility implies capability: you cannot be held responsible for something over which you have no control. There is obviously uncertainty in some cases—where control is less than total, where the degree of potential control depends on our own efforts, where we cannot know if we have control until we try to exert it, etc. The relation between responsibility and degree of control is a separate topic which I shall not treat here. (shrink)

Political philosophy and natural science -- Political and psychological preconditions to recovering Socratic science -- The rediscovery of Socratic dialectic: Strauss on Schmitt's concept of the political 2. the fundamental political predicament: Strauss on Plato's laws, book III -- The origin and nature of philosophy -- The natural frame of reference and the possibility of a comprehensive science -- Natural right and history (ch. III) on the origin and nature of philosophy -- Divine revelation (...) and the possibility of science -- Strauss's introduction to Platonic studies in modern times -- Philosophy and revelation -- The foundations and directions of modern philosophy and science -- Science and politics in Strauss's natural right course -- An irony beyond Machiavelli's irony: a reading of the concluding six paragraphs of thoughts on Machiavelli. (shrink)

Staying for an answer : the untidy process of groping for truth -- The same, only different -- The unity of truth and the plurality of truths -- Coherence, consistency, cogency, congruity, cohesiveness, &c. : remain calm! don't go overboard! -- Not cynicism, but synechism : lessons from classical pragmatism -- Science, economics, "vision" -- The integrity of science : what it means, why it matters -- Scientific secrecy and "spin" : the sad, sleazy story of the trials (...) of remune -- Truth and justice, inquiry and advocacy, science and law -- Trial and error : the Supreme Court's philosophy of science -- An epistemologist among the epidemiologists -- Fallibilism and faith, naturalism and the supernatural, science and religion -- The ideal of intellectual integrity, in life and literature -- After my own heart : Dorothy Sayers's feminism -- Worthwhile lives -- Why I am not an oxymoron -- Formal philosophy? : a plea for pluralism. (shrink)

Since Leibniz's time, Cartesian mental causation has been criticized for violating the conservation of energy and momentum. Many dualist responses clearly fail. But conservation laws have important neglected features generally undermining the objection. Conservation is _local_, holding first not for the universe, but for everywhere separately. The energy in any volume changes only due to what flows through the boundaries. Constant total energy holds if the global summing-up of local conservation laws converges; it probably doesn't in reality. Energy conservation holds (...) if there is symmetry, the sameness of the laws over time. Thus, if there are time-places where symmetries fail due to nonphysical influence, conservation laws fail there and then, while holding elsewhere, such as refrigerators and stars. Noether's converse first theorem shows that conservation laws imply symmetries. Thus conservation trivially nearly entails the causal closure of the physical. But expecting conservation to hold in the brain simply assumes the falsehood of Cartesianism. Hence Leibniz's objection begs the question. Empirical neuroscience is another matter. So is Einstein's General Relativity: far from providing a loophole, General Relativity makes mental causation _harder_. (shrink)

The dynamic development of science and technology in the last decades has led to new challenges in jurisprudence. This holds for individual fields of doctrinal law as well as the concerned fields of jurisprudence. It is especially significant for the structure of justice, the efficiency of law as a steering instrument of society, and the empirical conditions of legal responsibility. In a jurisprudential perspective, the philosophy of law is rather engaged with the adaptiveness of its traditional principles and (...) categories or the capacity to come to terms with the new developments and less concerned with concrete matters of law. (shrink)

This volume highlights important aspects of the complex relationship between common language and legal practice. It hosts an interdisciplinary discussion between cognitive science, philosophy of language and philosophy of law, in which an international group of authors aims to promote, enrich and refine this new debate. Philosophers of law have always shown a keen interest in cognitive science and philosophy of language in order to find tools to solve their problems: recently this interest was reciprocated (...) and scholars from cognitive science and philosophy of language now look to the law as a testing ground for their theses. Using the most sophisticated tools available to pragmatics, sociolinguistics, cognitive sciences and legal theory, an interdisciplinary, international group of authors address questions like: Does legal interpretation differ from ordinary understanding? Is the common pragmatic apparatus appropriate to legal practice? What can pragmatics teach about the concept of law and pervasive legal phenomena such as testimony or legal disagreements? (shrink)

In the wake of Brexit and Trump, the debate surrounding post-truth fills the newspapers and is at the center of the public debate. Democratic institutions and the rule of law have always been constructed and legitimized by discourses of truth. And so the issue of "post-truth" or "fake truth" can be regarded as a contemporary degeneration of that legitimacy. But what, precisely, is post-truth from a theoretical point of view? Can it actually change perceptions of law, of institutions and political (...) power? And can it affect our understanding of society and social relations? What are its ideological premises? What are the technical conditions that foster it? And most importantly, does it have anything to teach lovers of the truth? Pursuing an interdisciplinary perspective, this book gathers both well-known and newer scholars from a range of subject areas, to engage in a philosophical interrogation of the relationship between truth and law. (shrink)

Hegel's early philosophical essay demonstrates the need for a pure empiricism and complete formalism in scientific endeavor.

This paper analyzes a recent case in which a court, like the Daubert Court, was asked to demarcate legitimate from illegitimate science. The court was the International Court of Justice (ICJ), and it was asked by the state of Australia to find the state of Japan in violation of the International Convention for the Regulation of Whaling because of its licensing of a research program that engaged in killing whales ostensibly “for purposes of scientific research.” Australia premised a good (...) portion of its argument on a four-part definition of “scientific research,” reminiscent of the four notorious “Daubert criteria,” and the claim that the Japanese research program, “JARPA II,” failed to comply with this definition. The paper suggests that the Court’s judgment, which forced Japan to temporarily cease whaling, illustrates the merits for courts of avoiding the temptation to engage in demarcation exercises. (shrink)

This book both introduces the philosophy of science through examination of the occult and examines the occult rigorously enough to raise central issues in the philosophy of science. Placed in the context of the occult, philosophy of science issues become immediately understandable and forcefully compelling. Divergent views on astrology, parapsychology, and quantum mechanics mysticism emphasize topics standard to the philosophy of science. Such issues as confirmation and selection for testing, causality and time, (...) explanation and the nature of scientific laws, the status of theoretical entities, the problem of demarcation, theory and observation, and science and values are discussed. Significantly revised, this second edition presents an entirely new section of quantum mechanics and mysticism including instructions from N. David Mermin for constructing a device which dramatically illustrates the genuinely puzzling phenomena of quantum mechanics. A more complete and current review of research on astrology has been included in this new edition, and the section on the problem of demarcation has been broadened. (shrink)

This book engages the field of practice theory in order to consider law as a social practice. Taking up the theoretical concept of practices, the contributors to this volume maintain that law can be fruitfully understood as one among other social practices. Including perspectives from philosophers of language, experts in practice theory, linguists and legal philosophers, the book examines the twin questions of what it means for law to be considered a practice, and what law's place is among other social (...) practices. The book is comprised of three parts. The first provides a broad methodological framework for discussing how the concept of practice is used in the social sciences, and in law. The second deals with specific problems arising from the use of the concept of practice in the legal context, and from the intersection of different social practices. The third part identifies and addresses the consequences of applying insights from practice theory to law. Together, they offer a comprehensive consideration of what is at stake in understanding law as a social practice. This book will appeal to sociolegal scholars, sociologists of law, philosophers of language and action, as well as philosophers of law and legal theorists. (shrink)

In this book, Carl Cranor utilizes material from ethics, philosophy of law, epidemiology, tort law, regulatory law, and risk assessment to argue that the evidentiary standards for science used in the law to control toxics ought to be ...

This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book (...) provides a sustained reflection upon central aspects of Kelsenian legal science and the nature of law. Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm. The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights. The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law. (shrink)

According to dispositional realism, or dispositionalism, the entities inhabiting our world possess irreducibly dispositional properties – often called ‘powers’ – by means of which they are sources of change. Dispositionalism has become increasingly popular among metaphysicians in the last three decades as it offers a realist account of causation and provides novel avenues for understanding modality, laws of nature, agency, free will and other key concepts in metaphysics. At the same time, dispositionalism is receiving growing interest among philosophers of (...) class='Hi'>science. This reflects the substantial role scientific findings play in arguments for dispositionalism which, as a metaphysics of science, aims to elucidate the very foundations of science. In this introductory chapter, I give an overview of the state of the debate and explain the twofold aim of the present collection of essays which is (i) to explore the ontological commitments of dispositionalism and (ii) to discuss these against the background of latest scientific research, by bringing together perspectives from both metaphysics and the philosophy of science. I finally provide a summary of this intellectual journey. (shrink)

This volume, modeled after those published in The Library of Living Philosophers, attempts to provide a coherent statement of the work of Abraham Edel in moral and political theory, and on the impact of his work on such diverse areas as education, law, and social science. The methodological element of Edel's work is to see ethical and social theory in the full context of human life; specifically how twentieth-century modes of analysis impact classical concerns about right and wrong, good (...) and evil. The volume is tightly integrated from start to finish, and has the benefit of Edel's thoughtful and thoroughgoing response to critics. In short, while this work is a tribute to the work of a scholar, it aims to serve as a basic guide through the labyrinthian world of contemporary ethical theory and social practice. Contents: Beryl Harold Levy, "Reflective Culture as Philosophy of Law"; Betty A. Sichel, "Abraham Edel's Contribution to Philosophy of Education"; Gerald E. Myers, "Person and Personality--and Respect for Both"; Mihailo Markovic, "Abraham Edel on the Method of Ethical Theory"; Helen Block Lewis, "Consequences for Ethical Theory of a Focus on the Psychology of Shame and Guilt"; Edmund L. Pincoffs, "Ethics as an Explanatory Undertaking"; Standish Thayer, "The Network of Concepts: A New View of Aristotle"; Mortimer R. Kadish, "Abraham Edel and the Dream of Science"; Michael Levin, "Reflections on Non-Cognitivism"; Ralph W. Sleeper, "Naturalizing Legal Positivism"; Irving Louis Horowitz, "The Political Philosophy of Abraham Edel"; Finbarr W. O'Connor, "Network Analysis in Ethics"; Elizabeth Flower, "A Moral Agenda for Ethical Theory"; Abraham Edel, "Responses to Critics"; "An Edel Bibliography.". (shrink)

When we think about our way of seeing, appreciating and understanding the different forms and manifestations of the life of the mind in human civilization, we become aware of a rather surprising fact. We are ready and spontaneously inclined to place them in a historical perspective and consequently to judge them according to a “historical consciousness”, with practically only one exception, that of science. No one finds it difficult to admit that the poetry of Homer, Virgil, Dante, Goethe or (...) Baudelaire has always been an authentic poetry, attaining the heights of absolute value and even at times being incomparable, all the while recognizing that to understand this poetry, to appreciate its nobility and penetrate its meaning the effort must be made to put it within its historical context (and ideally to put oneself within that context) rather than to judge it according to the modes and forms of the poetry of our own day. What we have just said regarding poetry also applies to music, the fine arts, philosophy, law, social and political institutions, ethical concepts, religions and customs. In the case of science, on the other hand, such a historical consciousness is almost entirely lacking, even among cultivated people: the history of the sciences is not normally a part of the store of knowledge of these people, but this situation, far from being the cause of such a lack of historical consciousness, is rather the consequence. This is because we are unconsciously persuaded that science is not properly speaking a historical phenomenon; we have the impression that it has not had a real history. (shrink)

How the universe came to be what it is now is a key philosophical question. The hypothesis that it came from nothing or śūnya proves to be dissembling, since the quantum vacuum can hardly be considered a void. In modern science, it is generally assumed that matter existed before the universe came to be. Modern science hypothesizes that the manifestation of life on earth is nothing but a mere increment in the complexity of matter – and hence is (...) an outcome of evolution of matter following the Big Bang. After the manifestation of life, modern science believed that chemical evolution transformed itself into biological evolution, which then had caused the entire biodiversity on our planet. In the framework of materialism, the major attention is to find general organizational laws stimulated by physical sciences, ignoring the uniqueness of life. The main goal of materialism is to reduce consciousness to natural processes, which in turn can be translated into the language of math, physics, and chemistry. Following this approach, scientists have made several attempts to deny the living organism of its veracity as an immortal soul, in favor of genes, molecules, atoms, and so on. However, advancement in various fields of biology has repeatedly given rise to questions against such a denial and has supplied more and more evidence against the completely misleading ideological imposition that living entities are particular states of matter. In the recent past, however, the realization has arisen that cognitive nature of life at all levels has begun presenting significant challenges to the views of materialism in biology and has created a more receptive environment for the soul hypothesis :e1085138, 2015). Therefore, instead of adjudicating different aprioristic claims, the development of an authentic theory of origin of life and universe needs both proper scientific knowledge and the appropriate tools of philosophical analysis of life. This talk will highlight the uniqueness of biological systems that offers a considerable challenge to the mainstream materialism and proposes the Vedāntic philosophical view as a viable alternative for development of a theory worthy of origin of life and universe. (shrink)

Subsequent to the transition from the era of natural philosophy to what we now regard as the era of the modern sciences, the latter have often been described as independent of the major philosophical preoccupations that previously informed theorizing about the natural world. The extent to which this is a naïve description is a matter of debate, and in particular, views of the place of metaphysics in the interpretation of modern scientific knowledge have varied enormously. Logical positivism spawned a (...) distaste for metaphysics in the philosophy of science which lasts to this day, but in recent years, a renaissance in analytic metaphysics has been embraced by a growing number of philosophers of science. Those moved by distaste commonly subscribe either to a minimalist Humean metaphysic, or to a quietism about metaphysical questions generally. Those moved by attraction contend that metaphysical investigations into the natures of things like properties, causation, laws, and modality, are required in order to interpret descriptions of the world furnished by our best scientific theories. I consider the presuppositions separating these contemporary approaches to the philosophy of science, and the prospect of their resolution. (shrink)

This article elaborates an interpretive and polemic on the study of law, starting from different coordinates to that of legal science in order to postulate an alternative to the understanding of law. For this work, we problematize and detach ourselves from its valuation as a science. We take as a basis the philosophical orientation that views science from the materialistic perspective of the Theory of Categorial Closure, in order to subsequently examine and conceive law as a techno-praxis (...) in relation to the three-dimensional theory as a conceptual framework, thus allowing to consolidate an usable project at the service of the legal researcher. (shrink)

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

In the last hundred years, the philosophy of natural law has suffered a fate that could hardly have been envisaged by the seventeenth and eighteenth century exponents of its universality and eternity: it has become old-fashioned. The positivists and the Marxists were happy to throw eternal moral ity out of the window, confident that some magic temporal harmony would eventually follow Progress in by the front door. Their hopes may not have been fully realized, but they did succeed in (...) discrediting natural law. What is often not appreciated is the extent to which we have adopted the tenets of the philosophy they despised, borh in the field of politics, and in the field of personal and social ethics, which Barbeyrac called "la science des mreurs" and which the positivists re christened "social science". Consequently, though we live in a world whose freedom, such as it is, is largely a result of the popularization of the philosophy of natural law, and whose conscious and unconscious standards, such as they are, are a result of that philosophy as it became combined with Christianity, the doctrine of natural law is itself for gotten. In view of the oblivion into which it has fallen, natural law is a concept which means little to the average reader. All too often, Montesquieu scholars have traded on this oblivion in order to give an exaggerated picture of his originality. (shrink)

This text deals with a number of topics in philosophy, philosophy of science and philosophy of mind. It includes essays on the laws of nature, biological aspects of the philosophy of mind, and the social aspects of rationality.

Debate over the nature of science has recently moved from the halls of academia into the public sphere, where it has taken shape as the "science wars." At issue is the question of whether scientific knowledge is objective and universal or socially mediated, whether scientific truths are independent of human values and beliefs. Ronald Giere is a philosopher of science who has been at the forefront of this debate from its inception, and Science without Laws offers (...) a much-needed mediating perspective on an increasingly volatile line of inquiry. Giere does not question the major findings of modern science: for example, that the universe is expanding or that inheritance is carried by DNA molecules with a double helical structure. But like many critics of modern science, he rejects the widespread notion of science--deriving ultimately from the Enlightenment--as a uniquely rational activity leading to the discovery of universal truths underlying all natural phenomena. In these highly readable essays, Giere argues that it is better to understand scientists as merely constructing more or less abstract models of limited aspects of the world. Such an understanding makes possible a resolution of the issues at stake in the science wars. The critics of science are seen to be correct in rejecting the Enlightenment idea of science, and its defenders are seen to be correct in insisting that science does produce genuine knowledge of the natural world. Giere is utterly persuasive in arguing that to criticize the Enlightenment ideal is not to criticize science itself, and that to defend science one need not defend the Enlightenment ideal. Science without Laws thus stakes out a middle ground in these debates by showing us how science can be better conceived in other ways. (shrink)

This is the third volume of the new series Social, Political, & Legal Philosophy and it deals with the relationship between Law and The Philosophy of Action. In this volume a number of legal issues are illuminated by resource to the analysis of mental concepts. Issues in Criminal Law, Contract Law, Acceptance of Legal Systems, and the nature of Legal Norms are some of the main issues dealt in the papers that constitute the volume. Conceptual analysis is used (...) and new overtures are made into current findings in the Cognitive Sciences. All of this results in illuminating accounts that throw new light on traditional fundamental legal issues. This volume is a precursor in the powerful theorizing of the Cognitive Sciences that is being brought to bear in the Philosophy of Mind and in the theory of Law, and this theorizing will increase in the coming years. (shrink)

This is the third volume of the new series _Social, Political, & Legal Philosophy_ and it deals with the relationship between Law and The Philosophy of Action. In this volume a number of legal issues are illuminated by resource to the analysis of mental concepts. Issues in Criminal Law, Contract Law, Acceptance of Legal Systems, and the nature of Legal Norms are some of the main issues dealt in the papers that constitute the volume. Conceptual analysis is used and (...) new overtures are made into current findings in the Cognitive Sciences. All of this results in illuminating accounts that throw new light on traditional fundamental legal issues. This volume is a precursor in the powerful theorizing of the Cognitive Sciences that is being brought to bear in the Philosophy of Mind and in the theory of Law, and this theorizing will increase in the coming years. (shrink)

This book demonstrates that law can be newly interrogated when examined through the lens of literature. Like its forerunner, Empty Justice, the book creates simple pathways which energise and illustrate the links between legal theory and legal science and doctrine, through the wider visions of history, literature and culture. This broadening approach is integral to understanding law in the context of wider debates and media in the community. The book provides a collection of essays, with additional commentary which reflects (...) upon very recent scholarship and debate on a range of ethico-legal topics; it also illustrates how conventional legal matters may be rendered lively and palatable, as an adjunct to approaching doctrine and cases 'cold' in the conventional textbook manner. The chapters range from examination of current thought on cohabitation and marriage laws (via Jude the Obscure), 19th century medico-legal cases relevant to current narratives of insanity in women and the nature and status of expert evidence generally; assisted suicide and autonomy (via a poem by Jon Stallworthy) to an essay on the nature of race and ethnicity (via a poem by R S Thomas), a discussion of obscenity and moral philosophy (via an essay on Crash by J G Ballard and the philosophy of Bernard Williams) and a history of ideas discussion of positivism, natural law and political crisis, war and terrorism through legal and political theory texts and a poem by Auden. The materials refer to case law where appropriate. The chapters range from examination of current thought on cohabitation and marriage laws (via Jude the Obscure), 19th century medico-legal cases relevant to current narratives of insanity in women and the nature and status of expert evidence generally; assisted suicide and autonomy (via a poem by Jon Stallworthy) to an essay on the nature of race and ethnicity (via a poem by R S Thomas), a discussion of obscenity and moral philosophy (via an essay on Crash by J G Ballard and the philosophy of Bernard Williams) and a history of ideas discussion of positivism, natural law and political crisis, war and terrorism through legal and political theory texts and a poem by Auden. The materials refer to case law where appropriate. (shrink)

This impressive volume is the first attempt to look at the intertwined histories of jurisprudence and science in early modern Europe. Taking an interdisciplinary approach these articles stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.

This book gives an account of work that I have done over a period of decades that sets out to solve two fundamental problems of philosophy: the mind-body problem and the problem of induction. Remarkably, these revolutionary contributions to philosophy turn out to have dramatic implications for a wide range of issues outside philosophy itself, most notably for the capacity of humanity to resolve current grave global problems and make progress towards a better, wiser world. A key (...) element of the proposed solution to the first problem is that physics is about only a highly specialized aspect of all that there is – the causally efficacious aspect. Once this is understood, it ceases to be a mystery that natural science says nothing about the experiential aspect of reality, the colours we perceive, the inner experiences we are aware of. That natural science is silent about the experiential aspect of reality is no reason whatsoever to hold that the experiential does not objectively exist. A key element of the proposed solution to the second problem is that physics, in persistently accepting unified theories only, thereby makes a substantial metaphysical assumption about the universe: it is such that a unified pattern of physical law runs through all phenomena. We need a new conception, and kind, of physics that acknowledges, and actively seeks to improve, metaphysical presuppositions inherent in the methods of physics. The problematic aims and methods of physics need to be improved as physics proceeds. These are the ideas that have fruitful implications, I set out to show, for a wide range of issues: for philosophy itself, for physics, for natural science more generally, for the social sciences, for education, for the academic enterprise as a whole and, most important of all, for the capacity of humanity to learn how to solve the grave global problems that menace our future, and thus make progress to a better, wiser world. It is not just science that has problematic aims; in life too our aims, whether personal, social or institutional, are all too often profoundly problematic, and in urgent need of improvement. We need a new kind of academic enterprise which helps humanity put aims-and-methods improving meta-methods into practice in personal and social life, so that we may come to do better at achieving what is of value in life, and make progress towards a saner, wiser world. This body of work of mine has met with critical acclaim. Despite that, astonishingly, it has been ignored by mainstream philosophy. In the book I discuss the recent work of over 100 philosophers on the mind-body problem and the metaphysics of science, and show that my earlier, highly relevant work on these issues is universally ignored, the quality of subsequent work suffering as a result. My hope, in publishing this book, is that my fellow philosophers will come to appreciate the intellectual value of my proposed solutions to the mind-body problem and the problem of induction, and will, as a result, join with me in attempting to convince our fellow academics that we need to bring about an intellectual/institutional revolution in academic inquiry so that it takes up its proper task of helping humanity learn how to solve problems of living, including global problems, and make progress towards as good, as wise and enlightened a world as possible. (shrink)

Subsequent to the transition from the era of natural philosophy to what we now regard as the era of the modern sciences, the latter have often been described as independent of the major philosophical preoccupations that previously informed theorizing about the natural world. The extent to which this is a naïve description is a matter of debate, and in particular, views of the place of metaphysics in the interpretation of modern scientific knowledge have varied enormously. Logical positivism spawned a (...) distaste for metaphysics in the philosophy of science which lasts to this day, but in recent years, a renaissance in analytic metaphysics has been embraced by a growing number of philosophers of science. Those moved by distaste commonly subscribe either to a minimalist Humean metaphysic, or to a quietism about metaphysical questions generally. Those moved by attraction contend that metaphysical investigations into the natures of things like properties, causation, laws, and modality, are required in order to interpret descriptions of the world furnished by our best scientific theories. I consider the presuppositions separating these contemporary approaches to the philosophy of science, and the prospect of their resolution. (shrink)

This essay focuses on the cognitive tension between science and religion, in particular on the contradictions between some of the claims of current science and some of the claims in religious texts. My aim is to suggest how some work in the philosophy of science may help to manage this tension. Thus I will attempt to apply some work in the philosophy of science to the philosophy of religion, following the traditional gambit of (...) trying to stretch the little one does understand to cover what one does not understand. My own views on science and religion are hardly views from nowhere. My scientific perspective is that of a hopeful realist. Scientific realism is the view that science, though fallible through and through, is in the truth business, attempting to find out about a world independent of ourselves, and it is the view that business is, on the whole, going pretty well. My religious perspective is that of a progressive Jew. The problem I am worrying in this essay is my own problem. I take my other philosophical problems seriously too, but for the me the question of the relationship between science and religion has a personal edge I do not feel in my other philosophical obsessions with the likes of the problems of induction or the content of ceteris paribus laws. My reply to a charge of self-indulgence would be that my cognitive predicament is, I believe, widely shared. (shrink)

In his preface, Smart tells us that there are three types of treatises on the philosophy of science: the philosopher's philosophy of science, "baby" philosophy of science, and the scientist's philosophy of science. He classifies his own attempt as "a not too technical scientist's philosophy of science." But this book is an excellent introduction to contemporary philosophy of science for anyone interested in the topic. Smart writes lucidly and (...) has the gift of carrying the reader from the most elementary issues to some of the most recent controversies and disputes. Many of the usual topics are covered including the nature of theories, laws, explanation in the different sciences, induction, and probability. But Smart also gives a heavy emphasis to problems of space and time, especially the "direction of time." He has adopted the excellent device of supplying a commentary on further reading at the end of each chapter which enables the student to pursue topics in greater depth. Smart's own views, familiar to those who know his work, are not hidden here but there is a serious attempt to report different views and to provide the reader with the information needed to explore controversies. As an introduction for the intelligent student, this now stands as one of the best books available.--R. J. B. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in (...) the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This collection shows how Deleuze's ideas have influenced current thinking in legal philosophy. In particular, it explores the relations between law and life, addressing topics that are contested and controversial -- war, the right to life, genetic science, and security.

This is the first English translation of _Causalite´ et Lois de La Nature,_ and is an important contribution to the theory of causation_._ Max Kistler reconstructs a unified concept of causation that is general enough to adequately deal with both elementary physical processes, and the macroscopic level of phenomena we encounter in everyday life. This book will be of great interest to philosophers of science and metaphysics, and also to students and scholars of philosophy of mind where concepts (...) of causation and law play a prominent role. (shrink)

Hegel's Philosophy of Right presents a collection of new essays by leading international philosophers and Hegel scholars that analyze and explore Hegel's key contributions in the areas of ethics, politics, and the law. The most comprehensive collection on Hegel's Philosophy of Right available Features new essays by leading international Hegel interpreters divided in sections of ethics, politics, and law Presents significant new research on Hegel's Philosophy of Right that will set a new standard for future work on (...) the topic Introduction (Pages: 1-6) Thom Brooks Summary PDF References Request permissions Part I : Ethics CHAPTER 1 Consequentialism and Deontology in the Philosophy of Right (Pages: 7-42) Dean Moyar Summary PDF References Request permissions CHAPTER 2 The Empty Formalism Objection Revisited: §135R and Recent Kantian Responses (Pages: 43-72) Fabian Freyenhagen Summary PDF References Request permissions CHAPTER 3 On Hegel's Critique of Kant's Ethics: Beyond the Empty Formalism Objection (Pages: 73-99) Robert Stern Summary PDF References Request permissions Part II : Politics CHAPTER 4 Hegel and the Unified Theory of Punishment (Pages: 101-123) Thom Brooks Summary PDF References Request permissions CHAPTER 5 Hard Work: Hegel and the Meaning of the State in his Philosophy of Right (Pages: 124-142) Kimberly Hutchings Summary PDF References Request permissions Part II : Politics CHAPTER 6 Gender, the Family, and the Organic State in Hegel's Political Thought (Pages: 143-164) Alison Stone Summary PDF References Request permissions Part III : Law CHAPTER 7 Natural Law Internalism (Pages: 165-179) Thom Brooks Summary PDF References Request permissions CHAPTER 8 Hegel on the Relation between Law and Justice (Pages: 180-208) Alan Brudner Summary PDF References Request permissions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Absolute and Ordained Power of God and King in the Sixteenth and Seventeenth Centuries: Philosophy, Science, Politics, and LawFrancis OakleyThe quintessentially scholastic distinction between God’s power understood as absolute and ordained (potentia dei absoluta et ordinata) has been described “as a ‘yes and no’ answer to the question whether God is able to do or arrange things other than he did in creating the orders of (...) nature and grace.” 1 The importance of that distinction the historical scholarship of the past forty years has served increasingly to indicate. 2 The idea that it expressed had emerged already in the twelfth century, and in the standard form familiar to us from later years we now know it to have surfaced among the theologians of Paris in the opening years of the thirteenth. We also know that long before the end of the thirteenth century it had come to be understood in the two distinct ways that were to persist on through the late medieval and early modern centuries and to be acknowledged in the neo-scholastic manuals of the late nineteenth century.According to the first of these understandings, embedded in the classical formulations given to the distinction by Albertus Magnus, Thomas Aquinas, William of Ockham, and many other later thinkers, the term potentia absoluta was used simply to denote God’s power in itself, taken in abstracto and without reference to the orders of nature and grace he has actually willed de potentia ordinata to establish. There was no question, that is, of the absolute power’s [End Page 669] being understood as a presently-active power by means of which God intervenes in the world to act apart from or set aside the order established by the ordained power. It refers instead to God’s ability to do many things he does not choose to do. Or put in the temporal terms that William Courtenay favors, it refers to “the total possibilities initially open to God, some of which were realized by creating the established order,” the “unrealized possibilities” being “now only hypothetically possible.” 3Side by side with this “classical” usage, however, there had emerged already in the thirteenth century what has been called a “juristic” or “opera-tionalized” understanding of the potentia dei absoluta as a presently-active power of potential interposition in the established order. Thus Duns Scotus, who gave a most influential expression to this alternative understanding, drawing an analogy not only with kings but with any free agent within whose power the law falls, distinguished between the ordained power by which God acts de jure in accordance with the rightful law he has established and the absolute power whereby de facto he can act apart from or against the law. In such a formulation the absolute power clearly exceeds the ordained. Rather than referring simply to the realm of logical possibility prior to God’s ordination of things, that absolute power is now construed as a presently-active and extraordinary power capable of acting apart from the order established de potentia ordinata and prevailing in the ordinary course of things. This “juristic” understanding of the distinction was clearly affiliated closely with the cognate distinction that medieval canonists invoked as early as the thirteenth century in an attempt to elucidate what the pope, in the absoluteness of his plenitudo potestatis, or absolute power, could do that was not open for him to do when acting in accordance with his merely ordained or “ordinary” power.Philosophy and ScienceIn an earlier and complementary article, I traced the career of the power distinction, as well as the persistence of the two distinct ways of understanding it, across the fifteenth century and on into the thinking of sixteenth- and seventeenth-century theologians, Lutheran and Reformed as well as Catholic. 4 It remains now to go on to demonstrate that the currency of the distinction in these later centuries was no more confined to strictly theological circles or settings than it had been during the Middle Ages. The Coimbran commentators and Suárez certainly deployed it for more generally philosophical purposes, 5 [End Page 670] and in the seventeenth century they were by no means... (shrink)

This book is the first volume in the series and explores the relationship of law and science, with a particular focus on the role of science as evidence.

In lieu of an abstract, here is a brief excerpt of the content:Book Reviews Bibliography on Plato's "'Laws, "" 1920-1970: With Additional Citations through May, 1975. By Trevor J. Saunders. (New York: Arno Press, 1976. Pp. i + 60. $15.00) The Penguin Classics translator of the non-Socratic Laws, as Leo Strauss called them, has here compiled in a most usable way a thorough bibliography of books and articles about the Laws or parts of them. The section "Texts, Translations, and Commentaries" (...) properly excludes translations not made directly from the Greek. In previous centuries this would, also properly, have excluded many a famous or popular translation, such as Thomas Taylor's or Victor Cousin's, worked out from the text of M. Ficino's "first edition" in Latin. Given the state of the Greek text and the practice, inaugurated by Ficino, of improving upon the Greek in the translatioias, some notation about the literalness of the translations cited would have been of additional value. Section B, in thirty pages, is the largest and also deliberately the most selective in striving to limit itself to work concerned exclusively or primarily with the Laws. But it cannot avoid including much material about some aspect of Plato in general rather than about the Laws; this is especially true of the subsection, B1, on comprehensive accounts. Section B2, on the text and its tradition, has overwhelmingly more citations about the indirect tradition than about the texts themselves, an interesting indication of the current state of this question. The next subsections, to B12, divide according to subject matter. BI3 lists studies on the influence of the Laws. The last section, in twenty-four pages, is most valuable. It lists, by Stephanus page number, an abundance of discussions of individual passages from Book I through Book XII wherever these discussions, bibliographically speaking, may have occurred. Students of the Laws will be well served by, and most grateful to, Professor Saunders for this bibliography. I can only second the intent of his parting epigraph that sends us back to the study of the Laws themselves. But I must add that more explicitly detailed work appears to be required both on the difficulties the text itself presents to students of Plato (one thinks of A. Boeckh's analyses of the prose in Books I through III) and on those which arise when the Laws is contrasted--from the point of view of design and intellectuality--with those of Plato's works that are comparable, if not in number of pages, at least in scale of conception and monumentality. V. TEJERA SUNY at Stony Brook Science and Philosophy in Aristotle's Biological Works. By Anthony Preus. (Hildesheim and New York: George Olms, 1975. Pp. ix + 404. DM.88) A reciprocal influence between Aristotle's philosophy and biology--if it could be demonstrated through step-by-step criticism and not merely asserted in generalities about functionalism--might help to explain both, and might also itself be philosophically interesting ; for it should clarify Aristotle's concepts of form, essence, universal, and species-concepts which have been mercilessly jumbled in the traditional interpretations. With the failure of Jaegerian developmental analyses, we can hardly now hope for help from detailed chronology. But a general dating of Aristotle's biological interest to the Assos-Mytilene period, when he was already aged forty, is accepted by most people (though not by Jaeger who [463] 464 HISTORY OF PHILOSOPHY put it at the end, nor by Ryle who put it at the beginning of Aristotle's career) and is the basis of Anthony Preus's contention in this book. For if Aristotle began serious biology only in middle life we could expect a tension between the antiphenomenal metaphysics of the Academy, which he had just left after twenty years there, and the kind of philosophizing and explaining that might seem demanded by living concrete organisms. Preus sets out to show such a tension, claiming on page 1 that "in P. A. and G. A. sometimes the philosophical position is bent to fit the observed facts, and sometimes the observations are adjusted to fit the philosophical position." The reader may be assured at once that this appalling accusation (which is repeated in the publisher's blurb) is not... (shrink)