a This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.a (TM) These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. (...) In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the booka (TM)s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (a defeasiblea (TM)) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail. (shrink)

In moral dilemmas, where circumstances prevent two or more equally justified prima facie ethical requirements from being fulfilled, it is often maintained that, since the agent cannot do both, conjoint obligation is overridden by Kant's principle that ought implies can, but that the agent nevertheless has a disjunctive obligation to perform one of the otherwise obligatory actions or the other. Against this commonly received view, it is demonstrated that although Kant's ought-can principle may avoid logical inconsistency, the principle is incompatible (...) with disjunctive obligation in standard deontic logic, and that it entails paradoxically that none of the conflicting dilemma actions will in fact occur. The principle appears to provide the only plausible safeguard against deontic antinomy, but cannot be admitted because of its collision with considered moral judgments. (shrink)

The orthodoxy that conditional probabilities reflect what are for a subject evidential bearings is seconded. This significance suggests that there should be principles equating rationally revised probabilities on new information with probabilities reached by conditionalizing on this information. Several principles, two of which are endorsed, are considered. A book is made against a violator of these, and it is argued that there must be something wrong with a person against whom such books can be made. Appendices comment on Popper-functions, elaborate (...) on bets and odds, and relate dutch books and strategies to conditions of inconsistency (Ramsey's idea) and imperfection. (shrink)

This survey article discusses the pragmatist tradition in twentieth century philosophy of science. Pragmatism, originating with Charles Peirce's writings on the pragmatic maxim in the 1870s, is a background both for scientific realism and, via the views of William James and John Dewey, for the relativist and/or constructivist forms of neopragmatism that have often been seen as challenging the very ideas of scientific rationality and objectivity. The paper shows how the issue of realism arises in pragmatist philosophy of science and (...) how some pragmatists, classical and modern, have attempted to deal with it. Various dimensions of the realism dispute are thus discussed, especially realism as contrasted to instrumentalism and realism as contrasted to relativism/constructivism. It is argued that the pragmatist tradition cannot avoid these tensions but is largely constituted by them. (shrink)

This paper has two objectives, neither previously attempted in the published literature—first, to outline J. M. Keynes's theory of knowledge in some detail, and, secondly, to justify the contention that his epistemology is a variety of rationalism, and not, as many have asserted, a form of empiricism. Keynes's attitude to empirical data is also analysed as well as his views on prediction and theory choice. 1This paper is partly based on ideas initially advanced in O'Donnell [1982], a revised and expanded (...) version of which is to be published as O'Donnell [1989]. I should like to thank an anonymous referee for helpful comment, and King's College, Cambridge for permission to quote from the Keynes Papers. (shrink)

This paper presents a critical reflection on dynamic consistency as commonly used in economics and decision theory, and on the difficulty to test it experimentally. It distinguishes between the uses of the term dynamic consistency in order to characterize two different properties: the first accounts for the neutrality of individual preferences towards the timing of resolution of uncertainty whereas the second guarantees that a strategy chosen at the beginning of a sequential decision problem is immune to any reevaluation and will (...) effectively be implemented from then on in the decision problem. Although these two properties are equivalent under expected utility, this is not the case under non-EU. Building on the possible characteristics of individual dynamic preferences under risk, this paper proposes a conceptual categorization, that is experimentally testable, of possible sequential decision making behaviors of non-EU maximizers. (shrink)

I follow Hájek (Synthese 137:273–323, 2003c) by taking objective probability to be a function of two propositional arguments—that is, I take conditional probability as primitive. Writing the objective probability of q given r as P(q, r), I argue that r may be chosen to provide less than a complete and exact description of the world’s history or of its state at any time. It follows that nontrivial objective probabilities are possible in deterministic worlds and about the past. A very simple (...) chance–credence relation is also then natural, namely that reasonable credence equals objective probability. In other words, we should set our actual credence in a proposition equal to the proposition’s objective probability conditional on available background information. One advantage of that approach is that the background information is not subject to an admissibility requirement, as it is in standard formulations of the Principal Principle. Another advantage is that the “undermining” usually thought to follow from Humean supervenience can be avoided. Taking objective probability to be a two-argument function is not merely a technical matter, but provides us with vital flexibility in addressing significant philosophical issues. (shrink)

The main idea or the concept of coherence can be expressed in the following way: The more the statements belonging to a given theory approximate a perfect supportive structure, the more coherent the theory. The degree of perfection of a supportive structure depends on the degree to which the following criteria of coherence are fulfilled: (1) the greatest possible number of supported statements belonging to the theory in question; (2) the greatest possible length of chains of reasons belonging to it; (...) (3) the greatest possible number of strongly supported statements belonging to the theory; (4) the greatest possible number of connections between various supportive chains belonging to the theory; (5) the greatest possible number of preference relations between various principles belonging to it; (6) the greatest possible number and complexity of reciprocal supportive relations between various statements belonging to the theory; (7) the greatest possible number of universal statements belonging to the theory; the greatest possible number of general concepts belonging to it; the highest possible degree of generality of concepts implemented within it; the greatest possible number of resemblances between concepts used within it; (8) the greatest possible number of conceptual cross‐connections between various theories; (9) the greatest possible number of cases covered by the theory; and (10) the greatest possible number of fields of life covered by the theory. (shrink)

The focus in this paper is on deliberate human action. The central questions addressed are: whether purely rational choice is possible; whether choices may be induced by chance alone; or whether there is always a mixture of rationality and chance, as well as other factors such as habit, emotion, imitation and irrationality. The approach is a factualist one, upholding the view that, although human action can be explained by its antecedents, this is not incompatible with the notion of "free choice". (...) It is the actual choosing process that determines the final choice of action. Whatever the sources of the elements involved in the choosing process, the choice of action is a specific outcome created by the acting agent. It is in this choosing process and decision making that both rationality and chance enter. The conclusion is that rationality is the element which links intentionality with goal seeking and attainment, but that the actual choice is determined by a complex interactive process in which both logic and chance play a part. (shrink)

This paper begins with a rigorous critique of David Stove''s recent bookThe Rationality of Induction. In it, Stove produced four different proofs to refute Hume''s sceptical thesis about induction. I show that Stove''s attempts to vindicate induction are unsuccessful. Three of his proofs refute theses that are not the sceptical thesis about induction at all. Stove''s fourth proof, which uses the sampling principle to justify one particular inductive inference, makes crucial use of an unstated assumption regarding randomness. Once this assumption (...) is made explicit, Hume''s thesis once more survives.The refutation of Stove''s fourth proof leads to some observations which relate Goodman''s grue paradox with randomness of a sample. I formulate a generalized version of Goodman''s grue paradox, and argue that whenever a sample, no matter how large, is drawn from a predetermined smaller interval of a population that is distributed over a larger interval, any conclusion drawn about the characteristics of the population based on the observed characteristics of the sample is fatally vulnerable to the generalized grue paradox. (shrink)

In this paper I synthesize a unified system out of Peirce's life work, and name it Peirce's Evolutionary Pragmatic Idealism. Peirce developed this philosophy in four stages: His 1868–69 theory that cognition is a continuous and infinite social semiotic process, in which Man is a sign. His Popular Science Monthly pragmatism and frequency theory of probabilistic induction. His 1891–93 cosmic evolutionism of Tychism, Synechism, and Agapism. Pragmaticism: The doctrine of real potentialities, and Peirce's pragmatic program for developing concrete reasonableness. Peirce's (...) evolutionary conception of the cosmos is pantheistic, and he constructed it to reconcile religion with Darwinian evolution. (shrink)