The ArgumentIn the nineteenth century, American legal educators drew on the idea of “legal science” the claim that the study of law was similar to the study of the natural sciences. In this paper, I propose to examine the particular conceptions of “science” that were incorporated into that idea. The primary point of the paper is to argue that in antebellum America, a particular view of the natural sciences dominated public discourse, and it was this conception that was appropriated by (...) contemporaneous legal scientists. Public discussions of natural science in lyceums, surveys, and journals, were carried out in a language grounded in the same religious commitments and the same normative conception of nature that drove the ideology of laissez-faire. Described under the rubric “Protestant Baconianism,” the approach was characterized by commitments to four elements: natural theology; a constrained version of Baconian inductivism; a belief in grand synthesis and proof by analogy; and claims of moral improvement. These elements were typical of the efforts of a particular influential circle of natural scientists and, similarly, of some of the more influential legal scientists in the antebellum period. This article examines the elements of the Protestant Baconian approach that were incorporated into Christopher Columbus Langdell's model of legal science in the 1870s, a model that continues to influence thinking about both legal education and jurisprudence to this day. (shrink)

Several stages can be identified in Darwin's effort to formulate natural selection. The first stage corresponded, roughly speaking, to the period up to 1844. It was characterized by Darwin's attempt to base his model of geographic speciation on an individualistic dynamics, with species understood as reproductively isolated populations. Toward the end of this period, Darwin's ignorance of the laws of variations and heredity led him to adopt varieties and species as the units of variations. This had the extremely important effect (...) of stimulating him to consider the process of speciation as involving populations. At the end of this period, Darwin also began to regard adaptation as being exclusively toward places in the economy of nature. Thus he faced the problem of integrating the process of natural selection with the process of speciation. Individual variants were the units that fueled the first process, whereas varieties produced new speices. There was no link between adaptation and speciation, except whatever could be supplied by a quasi-historical, developmental idea of optimizing the amount of life.In the second stage, I contend, Darwin's reading of Milne-Edwards crystallized his previous insights into a coherent whole. Milne-Edwards' comments on the advantage of functional specialization could readily be understood in terms of the advantage accruing to the individual, relative to other members of its species, from occupying a different niche. Milne-Edwards' discussion of the division of labor suggested that organisms which moved into unoccupied niches would enjoy reduced competition, and hence a differential advantage in survival and reproduction; thus they would induce the species to do likewise. Rather than base his explanation on an analogy with the artificial economy, Darwin chose the principle of the optimalization of the amount of life per unit area as the overall explanatory principle. The difficulties connected with integrating different levels of description were therefore circumvented, insofar as the problem of diversity and speciation was concerned. Although natural selection considered individuals as the units of selection, and the units of variations were varieties and species, the dynamics of the process understood in terms of natural selection, competition, division of labor and niches could give a plausible account of how individual advantage could be transferred to the species, and how diversity resulted from this mechanism. The problem of the different levels of descriptions was confined to how the properties of variations in individuals (in particular, the frequency of variations and their transmission) were responsible for the assumed variability characteristic of varieties and species. This problem Darwin never solved.A third stage occurred in 1858 with the amalgamation of the tree-of-life vizualization of the process of speciation. Speciation, geographic distribution, and systematics were all then embedded in a conceptual matrix with vast explanatory powers. (shrink)

This book explores two basic questions regarding constitutional theory. First, in view of a commitment to democratic self-rule and widespread disagreement on questions of value, how is the creation of a legitimate constitutional regime possible? Second, what must be true about a constitution if the regime that it supports is to retain its claim to legitimacy? Howard Schweber shows that the answers to these questions appear in a theory of constitutional language that combines democratic theory with constitutional philosophy. The (...) creation of a legitimate constitutional regime depends on a shared commitment to a particular and specialized form of language. Out of this simple observation, Schweber develops arguments about the characteristics of constitutional language, the necessary differences between constitutional language and the language of ordinary law or morality, as well as the authority of officials such as judges to engage in constitutional review of laws. (shrink)

Volume 18, Issue 5, October 2019, Page 475-486.

We show that the theory of the partial order of computably enumerable equivalence relations (ceers) under computable reduction is 1-equivalent to true arithmetic. We show the same result for the structure comprised of the dark ceers and the structure comprised of the light ceers. We also show the same for the structure of L-degrees in the dark, light, or complete structure. In each case, we show that there is an interpretable copy of (N, +, \times) .

Democracy and Authenticity examines a basic problem for liberal democracies. In a polity that is characterized by real diversity of identities and values, what kinds of justifications are appropriate for coercive government actions? In particular, this book argues that justifications that are based on particular religious or other doctrines that are not accessible to nonadherents cannot be a proper basis for government actions that affect everyone. Instead, the book develops a model of public justification that is intended to guide citizens (...) in a liberal democracy through the work of creating a politics that satisfies their responsiblities to one another. (shrink)

This paper considers the possibility of prediction in land use planning, and the use of statistical research methods in analyses of relationships between urban form and travel behaviour. Influential writers within the tradition of critical realism reject the possibility of predicting social phenomena. This position is fundamentally problematic to public planning. Without at least some ability to predict the likely consequences of different proposals, the justification for public sector intervention into market mechanisms will be frail. Statistical methods like regression analyses (...) are commonly seen as necessary in order to identify aggregate-level effects of policy measures, but are questioned by many advocates of critical realist ontology. Using research into the relationship between urban structure and travel as an example, the paper discusses relevant research methods and the kinds of prediction necessary and possible in spatial planning of urban development. Finally, the political implications of positions within theory of science rejecting the possibility of predictions about social phenomena are addressed. (shrink)

Contingencies of the early nuclear arms race Content Type Journal Article Pages 1-23 DOI 10.1007/s11016-010-9495-z Authors S. S. Schweber, Department of the History of Science, Harvard University, Science Center 371, Cambridge, MA 02138, USA Alex Wellerstein, Department of the History of Science, Harvard University, Science Center 371, Cambridge, MA 02138, USA Ethan Pollock, Department of History, Box N, Brown University, Providence, RI 02912, USA Barton J. Bernstein, History Department, Building 200, Stanford University, Stanford, CA 94305-2024, USA Michael D. Gordin, (...) History Department, 305 Dickinson Hall, Princeton University, Princeton, NJ 08544, USA Journal Metascience Online ISSN 1467-9981 Print ISSN 0815-0796. (shrink)

ArgumentJ. Robert Oppenheimer was a complex person. His work in physics during the 1930s, at Los Alamos during the 1940s, and as governmental advisor in the immediate postwar period, gave him a deep sense of connection with communities that had distinctive purposes. But he found it difficult to conceive an overall creative vision for himself or to devise a compelling objective for the community he belonged to if one had not been formulated at the time he assumed its leadership. I (...) analyze the reasons for his successes: the vision and demands of physics during the 1930s, the make-up of Los Alamos, and the challenges of the postwar atomic world. In each of these enterprises he assumed a distinctive role and came to represent a distinctive persona – but he could not integrate his activities into a coherent whole that might be a model for the intellectual in the new world he had helped to shape. (shrink)

Ecology, Community and Lifestyle is a revised and expanded translation of Naess' book Okologi, Samfunn og Livsstil, which sets out the author's thinking on the relevance of philosophy to the problems of environmental degradation and the rethinking of the relationship between mankind and nature. The text has been thoroughly updated by Naess and revised and translated by David Rothenberg.

These eight essays present Chinese ideas and help build bridges to our Western ways of thinking.