In a 2008 paper, Walmsley argued that the explanations employed in the dynamical approach to cognitive science, as exemplified by the Haken, Kelso and Bunz model of rhythmic finger movement, and the model of infant preservative reaching developed by Esther Thelen and her colleagues, conform to Carl Hempel and Paul Oppenheim’s deductive-nomological model of explanation (also known as the covering law model). Although we think Walmsley’s approach is methodologically sound in that it starts with an analysis of scientific practice (...) rather than a general philosophical framework, we nevertheless feel that there are two problems with his paper. First, he focuses only on the deductivenomological model and so neglects the important fact that explanations are causal. Second, the explanations offered by the dynamical approach do not take the deductive-nomological format, because they do not deduce the explananda from exceptionless laws. Because of these two points, Walmsley makes the dynamical explanations in cognitive science appear problematic, while in fact they are not. (shrink)

A serious problem for covering law explanation is raised and its consequences for the Hempelian theory of explanation are discussed. The problem concerns an intensional feature of explanations, involving the manner in which theoretical law statements are related to the events explained. The basic problem arises because explanations are not of events but of events under descriptions; moreover, in a sense, our linguistic descriptions outrun laws. One form of the problem, termed the problem of weak intensionality, is apparently (...) solved by a simple logical move, but in fact the problem arises in a new, strong form. It is found that Hempel's model for deductive explanation (to which this discussion is confined) requires modification to handle the weak intensionality problem but then is faced with the problem of strong intensionality. In consequence, it is suggested that Hempel's important concept of explanation sketch is not as widely applicable as usually claimed, especially for explanations in the behavioral and social sciences and history. Reason is found to reject the covering law thesis that every scientific explanation must contain at least one law statement. An important feature of the discussion is that some of the main reasons given for altering the deductive model and for considering other forms of explanation are internal to the covering law theory. (shrink)

It is often argued (as by Hempel and Nagel) that genuine historical explanations — if these are to be had — must exhibit a connection between events to be explained and universal or probabilistic laws (or 'hypotheses'). This connection may take either a 'strong' or 'weak' form. The historian may show that a statement of the event to be explained is a logical consequence of statements of reasonably well-confirmed universal laws and occurrences linked by the laws to (...) the event to be explained. Or the historian may show that a statement of the event to be explained has high inductive probability conferred upon it given statements of reasonably well-confirmed probabilistic laws and occurrences so linked by the laws to the type of event to be explained that one finds the occurrence of the particular event likely. This essay focuses on 'strong' explanations which meet a 'deducibility' requirement (for reasons given in the body of the article). It is argued that explanations in history (at least where it is plausible to construe them as 'non-rational') may meet a 'deducibility' requirement and count as genuine historical explanations although they do not meet a 'covering law' requirement (i. e. none of the premises of these explanations state universal or probabilistic hypotheses). It is required, however, that at least one premise in such explanations assert a reasonably well-confirmed condition (e. g., a co-variation) which can be taken as a sign or indication of the presence of laws. Rather than appealing to laws, the historian may appeal to the well-founded possibility of laws. (shrink)

Carl G. Hempel has expressed the view that explanation in history is of a kind with explanation in any other branch of empirical science. Historians, according to him, aim at showing that the events they describe are not matters of chance. In the author's opinion there is no necessary connection between these two statements. Historians often aim at showing that the events they describe are matters of chance. But this does not make explanation in history different from explanation in other (...) branches of empirical science. (shrink)

Donagan has argued (a) that the covering law model of explanation does not apply in certain cases in historical explanations; (b) that situational logic explanations do apply, and (c) that situational logic explanations are fundamentally different from covering law explanations. It is argued that (b) is false as Donagan construes situational logic explanations. Once situational logic explanations are correctly construed they are similar to Hempel's rational explanations in covering law forms — hence (c) is false if situational (...) logic explanations are correctly interpreted. Finally it is argued that one major reason Donagan gives for (a) is mistaken. (shrink)

Carl G. Hempel has expressed the view that explanation in history is of a kind with explanation in any other branch of empirical science. Historians, according to him, aim at showing that the events they describe are not matters of chance. In the author's opinion there is no necessary connection between these two statements. Historians often aim at showing that the events they describe are matters of chance. But this does not make explanation in history different from explanation in other (...) branches of empirical science. (shrink)

This book offers a sustained re-evaluation of the most central and perplexing themes of Leibniz's metaphysics. In contrast to traditional assessments that view the metaphysics in terms of its place among post-Cartesian theories of the world, Jan Cover and John O'Leary-Hawthorne examine the question of how the scholastic themes which were Leibniz's inheritance figure - and are refigured - in his mature account of substance and individuation. From this emerges a fresh and sometimes surprising assessment of Leibniz's views on modality, (...) the Identity of Indiscernibles, form as an internal law, and the complete-concept doctrine. As a rigorous philosophical treatment of a still-influential mediary between scholastic and modern metaphysics, their study will be of interest to historians of philosophy and contemporary metaphysicians alike. (shrink)

My purpose in this short response to Clinton's interesting article On Bender's orientation to models: Towards a philosophical debate on covering laws, theory, emergence and mechanisms in nursing science, which is published in this issue, is not to provide any counterargument to Clinton's interpretation of my own argument; readers are welcome to interrogate both articles at their leisure and make their own conclusions. What I will do instead is provide a brief critical assessment of my own (il)logic re (...) bringing in the notion of mechanism as conceived by Machamer, Darden and Craver into an argument for models versus theories as a carrier of nursing knowledge. (shrink)

The real issues in the debate over whether historical explanations conform to the covering-law model concern not only history but human nature, human action, and human freedom. Modifications of the coveringlaw model are possible which may remove some of the objections to it. Human behavior is rule-governed. Rules are made by human agents and learned by human actors. Cultural rules alone do not explain behavior and cannot be used as "covering" generalizations. But when they are combined with appropriate (...) deviance data to yield conformity statements, these statements can be used as explanatory generalizations - with a certain amount of leeway and the understanding that such rules can be changed or eliminated. These generalizations, such as those found in anthropology, perform the function of general laws in history. (shrink)

Temporal analyses of causal directionality fail if causes needn't precede their effects. Certain well-known difficulties with alternative (non-temporal) analyses have, in recent accounts, been avoided by attending more carefully to the formal features of relations typically figuring in philosophical discussions of causation. I discuss here a representative of such accounts, offered by David Sanford, according to which a correct analysis of causal priority must issue from viewing the condition relation as nonsymmetrical. The theory is shown first to be an implicitly (...) counterfactual treatment at its base: this provides for an explicit reformulation of several key notions in the theory. An argument is then presented, independent of these modal considerations, for the conclusion that causal priority is possible only given certain implausible assumptions about the asymmetric character of causal laws which, I claim, are not met. The best objection to this argument is shown to fail on several counts, partly in light of the counterfactual results offered earlier. It is concluded that, if laws are symmetric, analyses of the sort discussed must look elsewhere for the source of causal priority; but if laws are not symmetric, resting causal priority so heavily on nomological asymmetry is no analysis at all. (shrink)

Nursing scholars continuously refine nursing knowledge and the philosophical foundations of nursing practice. They advance nursing knowledge by creating new knowledge and weighing the relevance of developments in cognate sciences. Nurse philosophers go further by providing epistemological and ontological arguments for explanations of nursing phenomena. In this article, I engage with Bender's arguments about why mechanisms should have more primacy as carriers of nursing knowledge. Despite the careful scholarship involved, Bender's arguments need to be more convincing. Accordingly, this article encourages (...) debate about Bender's arguments for reorientating nursing science to mechanisms. I begin by suggesting that the claim that the theory‐practice divide can be overcome by reorientating to mechanisms is acceptable only if we accept Bender's depiction of the challenge. Then I question the ontology Bender relies on to justify reorientating nursing science. After that, I argue that mechanisms in models that parallel analytical sociology undermine the kind of nursing science Bender advocates. I illustrate my arguments with a social mechanism thought experiment. Then I explain why Bender's arguments cannot escape the received view of science or inform emancipatory nursing action without theory. Finally, I mention some caveats and implications for nursing science. (shrink)

In this paper we will show that Hempel's covering law model can't deal very well with explanations that are based on incomplete knowledge. In particular the symmetry thesis, which is an important aspect of the covering law model, turns out to be problematic for these explanations. We will discuss an example of an electric circuit, which clearly indicates that the symmetry of explanation and prediction does not always hold. It will be argued that an alternative logic for causal (...) explanation is needed. And we will investigate to what extent non-monotonic epistemic logic can provide such an alternative logical framework. Finally we will show that our non-monotonic logical analysis of explanation is not only suitable for simple cases such as the electric circuit, but that it also sheds new light on more controversial causal explanations such as Milton Friedman's explanation of the business cycle. (shrink)

A new model of scientific explanation is proposed: the covering theory model. Its goal is understanding. One chooses the appropriate scientific theory and a model within it. From these follows the functioning of the explanandum, i.e. the way in which the model portrays it on one particular cognitive level. It requires an ontology and knowledge of the causal processes, probabilities, or potentialities (propensities) according to which it functions. This knowledge yields understanding. Explanations across cognitive levels demand pluralistic ontologies. An (...) explanation is believed or only accepted depending on the credibility of the theory and the idealizations in the model. (shrink)

Contents Preface General Introduction 1 | Science and Pseudoscience Introduction Karl Popper, Science: Conjectures and Refutations Thomas S. Kuhn, Logic of Discovery or Psychology of Research? Imre Lakatos, Science and Pseudoscience Paul R. Thagard, Why Astrology Is a Pseudoscience Michael Ruse, Creation-Science Is Not Science Larry Laudan, Commentary: Science at the Bar---Causes for Concern Commentary 2 | Rationality, Objectivity, and Values in Science Introduction Thomas S. Kuhn, The Nature and Necessity of Scientific Revolutions Thomas S. Kuhn, Objectivity, Value Judgment, and (...) Theory Choice Ernan McMullin, Rationality and Paradigm Change in Science Larry Laudan, Kuhn’s Critique of Methodology Helen E. Longino, Values and Objectivity Kathleen Okruhlik, Gender and the Biological Sciences Commentary 3 | The Duhem-Quine Thesis and Underdetermination Introduction Pierre Duhem, Physical Theory and Experiment W. V. Quine, Two Dogmas of Empiricism Donald Gillies, The Duhem Thesis and the Quine Thesis Larry Laudan, Demystifying Underdetermination *Colin Howson and Peter Urbach, The Duhem Problem Commentary 4 | Induction, Prediction, and Evidence Introduction Peter Lipton, Induction Karl Popper, The Problem of Induction Wesley C. Salmon, Rational Prediction Carl G. Hempel, Criteria of Confirmation and Acceptability Peter Achinstein, Explanation v. Prediction: Which Carries More Weight? *Nelson Goodman, The New Riddle of Induction Commentary 5 | Confirmation and Relevance: Bayesian Approaches Introduction Wesley C. Salmon, Rationality and Objectivity in Science *Deborah G. Mayo, A Critique of Salmon’s Bayesian Way *Alan Chalmers, The Bayesian Approach Paul Horwich, Therapeutic Bayesianism Commentary 6 | Models of Explanation Introduction Rudolf Carnap, The Value of Laws: Explanation and Prediction Carl G. Hempel, Two Basic Types of Scientific Explanation Carl G. Hempel, The Thesis of Structural Identity Carl G. Hempel, Inductive-Statistical Explanation Peter Railton, A Deductive-Nomological Model of Probabilistic Explanation *Philip Kitcher, Explanatory Unification *James Woodward, The Manipulability Conception of Causal Explanation Commentary 7 | Laws of Nature Introduction A. J. Ayer, What Is a Law of Nature? Fred I. Dretske, Laws of Nature D. H. Mellor, Necessities and Universals in Natural Laws Nancy Cartwright, Do the Laws of Physics State the Facts? Commentary 8 | Intertheoretic Reduction Introduction Ernest Nagel, Issues in the Logic of Reductive Explanations Paul K. Feyerabend, How to Be a Good Empiricist *Jerry A. Fodor, Special Sciences Philip Kitcher, 1953 and All That: A Tale of Two Sciences Commentary 9 | Empiricism and Scientific Realism Introduction Grover Maxwell, The Ontological Status of Theoretical Entities Bas C. van Fraassen, Arguments Concerning Scientific Realism Alan Musgrave, Realism versus Constructive Empiricism Larry Laudan, A Confutation of Convergent Realism *Juha T. Saatsi, On the Pessimistic Induction and Two Fallacies Ian Hacking, Experimentation and Scientific Realism David B. Resnik, Hacking’s Experimental Realism *Martin Carrier, What Is Right with the Miracle Argument Arthur Fine, The Natural Ontological Attitude Alan Musgrave, NOA’s Ark---Fine for Realism Commentary Glossary Bibliography Name Index Subject Index. (shrink)

Laws through which we explain particular events need not be laws which describe uniform sequences of events; they may be laws stating uniform connections between two types of factor contained within a complex event. Hempel's apparent insistence that laws state the conditions invariably accompanying a type of complex event, that the event be an instance of the laws "covering" it, results from the Humean analysis in which causation obtains between types of events and "the (...) cause" means necessary conditions. But historians often depict sufficient conditions. On the other hand, some knowledge of general laws is a presupposition of Dray's "continuous series" model of historical explanation. (shrink)

A Hilbert-space model for quantum logic follows from space-time structure in theories with consistent state collapse descriptions. Lorentz covariance implies a condition on space-like separated propositions that if imposed on generally commuting ones would lead to the covering law, and such a generalization can be argued if state preparation can be conditioned to space-like separated events using EPR-type correlations. The covering law is thus related to space-time structure, though a final understanding of it, through a self-consistency requirement, will (...) probably require quantum space-time. (shrink)

This is a short paper covering my own views on the methods and reasons behind the teaching of medical ethics. All the whys and wherefores are discussed and some conclusions reached. This paper is given from a junior doctor's viewpoint but could equally apply to many others.

My focus in this essay is on those singular causal explanations which purport to explain the occurrence of some particular event by means of a claim of the following general sort The occurrence of event caused the occurrence of event.Examples include sentences like The short circuit caused the fire’ and The impact of the hammer caused the shattering of the glass,’ Many philosophers hold that there is a sharp distinction to be drawn between singular causal explanations and those sentences which (...) simply report causal connections. While singular causal sentences are said to typically relate events, and to be extensional, singular causal explanations are held to relate items which are sentential or fact-like in structure and to be non-extensional.1 Singular causal explanations are held on this view to always be explanations of why events or other objects belong to certain kinds or possess certain properties. (shrink)

Philosophy for AS and A2 is the definitive textbook for students of Advanced Subsidiary or Advanced Level philosophy courses, structured directly around the specification of the AQA. Following a lively foreword by Nigel Warburton, author of Philosophy: The Basics, a team of experienced teachers devote a chapter each to the six themes covered by the syllabus: Each of the chapters include helpful student-friendly features. a list of key concepts, to introduce students to the topic bite-size sections corresponding to the syllabus (...) topics actual exam questions from previous years suggested discussion questions to promote debate text-boxes with helpful summaries, case-studies and examples an annotated further-reading list directing students towards the best articles, books and websites a comprehensive glossary, providing a handy reference point There is a final chapter on essay writing and exam preparation, designed to help students get to grips with the examination board requirements. Philosophy for AS and A2 is written by a team of expert teachers based at Heythrop College - part of the University of London - which specializes in teaching philosophy and theology. (shrink)

With this issue George Annas contributes his last At Law to the Hastings Center Report. Since the column was inaugurated in 1976 as Law and the Life Sciences, George has charted the course of biomedical ethics in the courts, challenging readers to come to grips with an emerging body of law in provocative analyses of critical decisions. As he retires from this column we wish him well, and look forward to his continued contributions to our pages. In bidding farewell to (...) one friend we are nonetheless pleased to welcome another as Alexander Morgan Capron, Henry W. Bruce University Professor of Law and Medicine at the University of Southern California and codirector of the Pacific Center for Health Policy and Ethics, joins the Report in the September‐October issue as a regular contributor to this column. Prof. Capron, formerly executive director of The President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research, is a distinguished scholar and writer well known to our readers. We welcome the opportunity to share his insights on issues before courts and legislatures nationwide. (shrink)

Despite many significant points of intersection between his work and that of Hannah Arendt, the legal scholar Robert Cover largely declined to engage her perspective, which posed major challenges to his own. While scholars seeking to rethink Cover's legacy in order to develop a jurisprudence of violence have criticized Cover's acquiescence to the Hobbesian model of the sovereign state, they have similarly ignored Arendt's critique of the Hobbesian model and her attempts to build an alternative to it. This article examines (...) central issues of convergence and divergence between Arendt's and Cover's approaches to law, politics, and violence with the aim to redress this neglect of Arendt's perspective. It begins by focusing on their interpretations of the role and significance of the courtroom trial. It then compares their analysis of the character, effects, and implications of domination as a type of organized power and as a means of conceptualizing punishment, before it concentrates on their instrumental conception of violence, the issue of justification, and its relationship to power. The article concludes by arguing that Arendt's approach, which situates an analysis of law and violence within a broader critique of modernity, provides a more trenchant critical framework for examining the rise of the carceral state than does Cover's. (shrink)

. Under‐the‐covers undercover investigations: Some reflections on the state's use of sex and deception in law enforcement. Criminal Justice Ethics: Vol. 11, No. 1, pp. 13-24.

Hodgkin and Huxley’s model of the action potential is an apparent dream case of covering‐law explanation in biology. The model includes laws of physics and chemistry that, coupled with details about antecedent and background conditions, can be used to derive features of the action potential. Hodgkin and Huxley insist that their model is not an explanation. This suggests either that subsuming a phenomenon under physical laws is insufficient to explain it or that Hodgkin and Huxley were wrong. (...) I defend Hodgkin and Huxley against Weber’s heteronomy thesis and argue that explanations are descriptions of mechanisms. †To contact the author, please write to: Department of Philosophy, Philosophy‐Neuroscience‐Psychology Program, Washington University in St. Louis, One Brookings Drive, Wilson Hall, St. Louis, MO 63130; e‐mail: [email protected]. (shrink)

Mechanisms are now taken widely in philosophy of science to provide one of modern science’s basic explanatory devices. This has raised lively debate concerning the relationship between mechanisms, laws and explanation. This paper focuses on cases where a mechanism gives rise to a ceteris paribus law, addressing two inter-related questions: What kind of explanation is involved? and What is going on in the world when mechanism M affords behavior B described in a ceteris paribus law? We explore various answers (...) offered by ‘new mechanists’ and others before setting out and explaining our own answers: mechanistic explanations are a species of oldfashioned covering-law explanation and this often accounts in part for their explanatory power; and B is what it takes for some set of principles that govern the features of M’s parts in their arrangement in M all to be instanced together. (shrink)

The political philosophy of radical democracy has made innumerable invaluable contributions to theories of democracy. However, while radical democrats tend to focus on the political, a cogent and comprehensive framework of law appropriate to radical democracy has only recently been begun to be developed. Interpreting the vast tradition of radical democracy to be based at least on the fundamental tenets of radical equality, anti-foundationalism, and to a lesser extent conflict, this paper argues that the oft-forgotten work of the American legal (...) philosopher Robert Cover may provide critical resources for a radical democratic theory of law. According to Cover, every agent living under law is embedded, or embeds themselves, within a nomos or normative universe. From this nomos legal texts become imbued with widely different meanings, many of which will be mutually incompatible. Cover’s legal anarchism, moreover, gives way to the argument that no agent or institution has a particularly privileged view of the ‘correct’ law. Accordingly, every legal texts gives rise to a proliferation of normative universes which due to their mutual incompatibility will eventually come into conflict with one another. This paper shows that Cover’s normative commitments are highly congruent with those professed by many radical democrats, and that therefore Cover’s legal philosophy furnishes a fruitful basis on which to further theorise a framework of radical democratic or agonistic law that incorporates struggle while remaining committed to equality and disavowing of any determinate foundations. (shrink)

A theory of laws is developed that takes from E. J. Lowe the claim of natural laws being consistent with certain classes of exceptions. Neither abnormal cases, such as albino ravens, nor miracles falsify covering laws. This suggests that law statements cannot have the form of a universally quantified conditional. Lowe takes it that this is best explained by natural laws having normative force in the same way as moral laws and laws of (...) the land. I argue that there is a non-normative, descriptivist account that also explains the exception cases and which is preferable, given our reservations about normative laws of nature. I also suggest an improved account of miracles within the descriptivist account. (shrink)

A number of ecologists have put forward various proposals that ecology has laws, yet they have not explicated what role laws play in ecological explanations. Marcel Weber (1999), Lev Ginzburg and Mark Colyvan (2004) correct this deficiency and also make their case for laws of ecology: the principle of competitive exclusion and Malthus's law of exponential growth respectively. According to Weber, the principle of competitive exclusion explains phenomena (1) by direct application, or (2) by describing a default (...) state from which observed phenomena deviate and mechanisms are called to account for the discrepancy. Independently of Weber, Ginzburg and Colyvan articulate a role similar to (2) for Malthus's law. I argue that Weber's proposition of explanation by direct application is not consistent with Gause's account of ’bottle experiments’ that he uses to support it and does not do justice to ecologists' explanatory practice. To address these problems, I articulate an alternative account of explanation by direct application—the covering-law model—based on a proposal by Elgin and Sober (2002) and show that even in this proposal mechanisms play a key explanatory role. I also demonstrate how the covering-law model accounts for how Malthus's law can explain by direct application and for its role of descriptor of a default state. Finally, I argue that the views on laws as components in covering-law model explanations or as descriptors of default states do not give sufficient attention to the prominent explanatory role of mechanisms and to the demanding task of identifying and describing them, and ought to be corrected. (shrink)

Analyzing Law offers an important selection of the most influential and challenging work now being done in legal theory. A central focus of the essays in this work is the contribution of the well-known philosopher Jules Coleman to the various topics which are covered by the contributors.

Law, Ethics and the Biopolitical explores the idea that legal authority is no longer related to national sovereignty, but to the 'moral' attempt to nurture life. The book argues that whilst the relationship between law and ethics has long been a central concern in legal studies, it is now the relationship between law and life that is becoming crucial. The waning legitimacy of conventional conceptions of sovereignty is signalled the renewal of a version of natural law, evident in discourses of (...) human rights, that de-emphasises the role of a divine law-giver in favour of an Aristotelian conception of the natural purpose of life and the 'common good'. Synthesising elements of legal scholarship on sovereignty, theories of biopolitics and biopower, as well as recent developments in the domains of ethics, Amy Swiffen examines the invocation of 'life' as a foundation for legal authority. The book documents the connection between law, life and contemporary forms of biopolitical power by critically analysing the fundamental principles of the bioethical paradigm. Unique in its critical and cross-disciplinary approach, Law, Ethics and the Biopolitical will be of interest to students and teachers in the areas of law and society, law and literature, critical legal studies, social theory, bioethics, psychoanalysis, and biopolitics."--P. [iv] of cover. (shrink)

Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal theory, the rule of law, the values of democracy and constitutionalism, moral aspects of legal interpretation, the nature of rights, economic equality, and more. The essays in this volume explore issues where law, morality and politics meet, and discuss (...) some of the key challenges facing liberal democracies. Marmor posits that a liberal state must first and foremost respect people's personal autonomy and their differing, though reasonable, conceptions of the good and the just. This basic respect for pluralism is shown to entail a rather skeptical attitude towards grand theories of law and state, such as contemporary constitutionalism or Dworkin's conception of 'law as integrity'. The values of pluralism and respect for autonomy, however, are also employed to justify some of the main aspects of a liberal state, such as the value of democracy, the rule of law, and certain conceptions of equality. The essays are organized in three groups: the first considers the rule of law, democracy and constitutionalism. The second group consists of several essays on the nature of law, legal theory, and their relations to morality. Finally, the collection concludes with essays on the nature of rights, the limits of rights discourse, and the value of economic equality. (shrink)

The classic logical positivist account of historical explanation, putting forward what is variously called the "regularity interpretation" (#Gardiner, The Nature of Historical Explanation), the "covering law model" (#Dray, Laws and Explanation in History), or the "deductive model" (Michael #Scriven, "Truisms as Grounds for Historical Explanations"). See also #Danto, Narration and Knowledge, for further criticisms of the model. Hempel formalizes historical explanation as involving (a) statements of determining (initial and boundary) conditions for the event to be explained, and (b) (...) statements of general laws that imply that whenever events of the kind described in (a) occur, an event of the kind to be explained will take place. He admits that in practice historians rarely explain historical events in this way, but instead give only fragmentary "explanation sketches." Such sketches can, however, be "scientifically acceptable," providing it points to where "more specific statements" are to be found (351). An interesting aspect of the article is its "late" positivist, proto‑Kuhnian assertion that "the separation of 'pure description' and 'hypothetical generalization and theory construction' in empirical science is unwarranted" (356). But Hempel does not work out the wider implications of this important conclusion. It is also worth noting that he himself was not much interested in the philosophy of history; other authors took up his model and discussed it within that context. Usefully discussed by #Ricoeur, Time and Narrative, 1:112‑17. (shrink)

International Law in Context is a pedagogy-forward textbook. It reflects the recent paradigm shift in legal education, which focuses more on what students actually learn rather than the material to which they are exposed. The text aims to prepare the next generation of U.S. lawyers to engage with our interconnected world and to critically evaluate the U.S.'s role within the international legal order. The work is divided into three parts that accomplish these goals. Part One lays a foundation. It covers (...) the various actors within the system, the theories that help explain their behavior, and the principles and sources of law they create. Part Two turns to the fora that define and support the international order, the historical and political contexts that impacted their design, and their efficacy. Part Three is a capstone section that asks students to weave together everything they have learned in Parts One and Two. Students will engage in normative development regarding climate change, including the existing international treaty regime and U.S. implementation options, and the law of war in the modern age. The cornerstone of this book is its organization. The text groups material into conceptual frameworks that promote understanding and retention. For example, rather than consider the various dispute resolution fora in isolation, Part Two asks students to consider them in the context of what types of disputes arise and what legal rules can be employed to resolve them in various international and domestic fora. The institutions also are presented in chronology. In this way, students are encouraged to chart the developmental progression and to make connections and comparisons between various institutions. The use of conceptual frameworks continues within each part. For example, Chapter Six covers the sovereign State as a conflict resolution forum. Under this umbrella, the author discusses (a) State Jurisdiction; (b) The Reception of International Law into the Domestic Sphere; (c) The Qualification as a State Forum or State Litigant (i.e., Recognition of States & Governments); and (d) Protections Afforded Within the Forum: Sovereign, Diplomatic, and Consular Immunity. A typical coursebook might locate this material in four different chapters. The conceptual framework approach, however, allows students to see the big picture and the relationship between concepts. In addition to the frameworks, there are several other innovative pedagogical devices that support student learning. There are Foundation Questions that initially direct readers through the material and cumulatively help students confirm whether they have grasped key takeaways from each section. There also are Assessment Sets in each section, which provide students with immediate opportunities to apply material and gauge their understanding, and "Why Is This Important (a/k/a WITI Moment)" prompts designed to delve deeper into the underpinnings and consequences of various rules. Finally, there are directed reading notes before some more complex readings and margin annotations to keep readers oriented. (shrink)

The most recent challenge to the covering-law model of explanation (N. Cartwright, How the laws of Physics Lie) charges that the fundamental explanatory laws are not true. In fact explanation and truth are alleged to pull in different directions. We hold that this gets its force from confusing issues about the truth of the laws in the explanation and the precision with which those laws can yield an exact description of the event to be explained. (...) In defending this we look at Cartwright's major case studies and sketch an amended covering-law model of explanation. (shrink)