This article explores the traditional basis of modern human rights doctrines and exposes some of the systemic shortcomings. It then posits that a number of these problems are advanced via integrating some developments in the philosophy of science and substantive scientific research into legal philosophy. This article argues that supervening holism grounded in quantum mechanics provides an alternative basis to human rights by positing an ontological construct that is congruous with many of the wisdom traditions practiced around the world. Such (...) a foundation exposes a rational imperative for universal human rights and hence appeals to legal pragmatists. (shrink)

Some philosophers have recently argued that contrary to the traditional view, good scientific theories can in fact be logically inconsistent. The literature is now full of case-studies that are taken to support this claim. I will argue however that as of yet no-one has managed to articulate a philosophically interesting view about the role of logically inconsistent theories in science that genuinely goes against tradition, is plausibly true, and is supported by any of the case studies usually given.

In this article, I discuss the criticisms raised against Thomas Kuhn’s Black-Body Theory. These criticisms concern two issues: how to understand Planck’s position with regards to the quantization of energy in 1901, and how to understand the book’s relation to The Structure of Scientific Revolutions. Both criticisms, I argue, concern the notion of a paradigm: the first concerns how Boltzmann acted as an exemplar for Planck, and the second whether the book provides a paradigm change. I will then argue that (...) both criticisms presume a conceptualization of paradigms that does not align well with Kuhn’s conceptualization of it in both Structure and later work: they assume, more specifically, that sharing a paradigm presupposes sharing an interpretation of it, and that paradigm changes are essentially identical to gestalt switches. On the basis of this, I will then argue that the criticisms are misguided, that Kuhn’s position regarding Planck’s work is in fact quite close to the indetermination-view developed by some of his critics, and that the book fits Structure quite well. In conclusion, I will then reflect on how the narrative provided in Black-Body Theory connects with Kuhn’s views on the relation between history and philosophy of science. (shrink)